DISTRICT COURT.

Taranaki Herald, Volume XXX, Issue 4069, 16 June 1882, Page 2

DISTRICT COURT.

Thursday, June 15. — Before His Honor Mr

District Judge Rawson.

pRonATB.— -Mr. Richmond applied for an order of probate in the estate of J. Ward, deceased, the executors being W. Elliot and J. Ward. — Oner granted. — Mr. Hughes appliod for an order of probate in the estate of the late George Hoby, the order to be in favour of the executrix, Anna H«by.— Order granted.

BANKIWrTOY.

Mr. Govett applied for the immediate order of discharge of R. N. Hooker, a debtor. — The report of the trustee in bankruptcy was read, which stated that a meeting of creditors had been called to consider the debtor's application for discharge, and it had lapsed. There was no opposition to the debtor receiving his dischare:©. — The order of discharge was accordingly granted. Re Willum Williams, a debtor. The debtor came up for examination under an order of Court granted on the petition of Mr. North, a judgment creditor in the Supreme Court for £1242 135. Id. Mr. Hushes, with Mr. Barton, appeared for Mr. North, Mr. Govett for the debtor, nnd Mr. Richmond to watch the proceedings on behalf of the trustee. Mr. Ilnghes said that the proceedings were taken under section 173 of " The Debtors and Creditors Act, 1876." The debtor had been sued in the Supreme Court by Mr. North, who recovered judgment against him for £1242 13s. Id. Upon this the debtor filed a deed of arrangement with his creditors in the District Court of Patea on the 31st May, 1881. It apnea.ed to Mr. North that the terms of the arrangemeit were not satisfactory, and he took proceedings to have the debtor adjudicated a bankrupt. On the 9th July, 1881, an order of adjudication was made by the Court at Patea. On the same day the debtor filed a second deed of arrange ne it, but none of these deeds were completed, and the proceedings in bankruptcy therefore were under the order of adjudication. It became known to Mr. North that tbere had been a transfer of part of the property in the debtor's estate v.'ithin three months of the order of adjudication, and there appeared to be no good reason for thfa transfer of property. Mr. North applied to the trustee to have the debtor examined, in order that the whole circumstances attending this transfer of property might be gone into. The trustee examined the debtor, but refused to allow either Mr. Noi Lh or his solicitor to be present. Subsequently, the trustee sold the estate to a person who had formerly been in the debtor's employment, j for the sum of £700. These proceedings did not satisfy Mr. North, therefore he had applied to have the debtor examined. William Williams deposed ; I am the j debtor in this case. I live in Patea. I entered into business in 1868 ns & blacksmith. I left the business and gave it to my two sons when the youngest became of age about three years ago. I was also engaged as a native interpreter. My sons had been working in the business as blacksmiths and wheelwrights before they became of acre, and I promised I would give them the business when the youngest became of age. I gave them no formal transfer of the property, but I simply told them they could have it as they had worked all their lifetime with me since they had left school, and I thought they were entitled to it. I made up no statement of assets and liabilities of the business. It was quite solvent at that time. The public with whom I dealt knew that I had transferred the business to them. Mv sons advertised the firm as "Williams & Sons." I did not think it was necessary to advertise that I had transferred the property to my sons. It was understood that my sons were to pay the outstanding liabilities of the firm, and that they should receive all the book debts. At the time I handed the property over to my Rons it was a leasehold property. I believe I had sriven a bill to Mr. McGuire for section 28, block 40, and my sons met the bill. There was no arrangement made as to my sons paying rent to me for the business premises. They never paid rent as I gave them the premises. [The examination was of great length, occupying all day, and the case waR resumed this morning. A mass of evidence was taken, which is not of public interest.]