SUPREME COURT.

Star (Christchurch), Issue 33, 22 June 1868, Page 2

SUPREME COURT.

........ <f*r"-- •■■;." In JUnkuui'tcy. TJiifl Day, (Before Mr Justice Gm«hom.) IHrt Honor held n nftifnpc under -tlicßtuifc-' rujitfly Act. 1807, in the old Town Hull, nt 11 o'clock, iWn mmnbsfi, A)wounM)t» Cabv,«i ; XX yKKUJNANI) ANOUB Till Hl*, •Thfo cn'so whs called on— Mr Joynfc bt-ing on tho record, Mi* Joynt ould thnfc on tho hwtday, lie stated that ho had no lnntru«Uona to net in iho inattor, an tho bankrupt had absconded. iiin Honor, wa« cUuiut to dismiss the petition, but oil . the application of Mr Raphivol, tlio trustee, iho nuttor wan ordered to «taud OVOf. Dr Ifontor said that tho matter ought not to have boon not down, 'Shore woro funds in lininl, which would bo distributed amongst tho crodltoi'fl, Tho lioglntrar said It wno tho ou»tom to «ot down nil cases which utood adjourned { no additional oxponso was entitled. His Honor again ordered tho mnttor to ntanu 1 over— Uw U'«Atco to tnko such stops as ho thought noeeflnary. Hit WOMAW TIJNNANT, Thfn cdho stood adjourned in oonaoquenco of tho batikrapt not having been tiblo to fllo Ills accounts boforo liiHt Hitting day, tho Ijoolch lioiiiK in tho pouflCßston of Walton, Wnrnor, nud Co. Slneo tlion, however, tho bankrupt had fllod hifl-iuicountnj and tlioro was now no oppoftltlon to Jila dlnoliargo, Mr Twontyinun is truntco. JHh Honor complained of tho bankrupt not having mado ontrio» of tl»« pcrtiotiH from whom lio rooolvcd goodfii It was iieuo/wary tlmfc n botior »y»tom of keeping hooks nhonld 1)0 atlo])(c(t by ttwlciinon. In this Jnotiwico Huj pqiot't Of tlw triifltco y»w fivvoHr»U»lo to (,ho bunlcriipt, nnd nu thuro nth« no opp/iflltlon lie would grnnt tlio flnal order of dWhurgo, bankrupt to luivo hit) coh(h, Mr vvynn Wllliamfl wan solloltor for tho bankrupt, MS KWKN OAMUnON M'MII,LAN, On tbo nppHoivtlon of Mt* Hlator, for tlio bankrupt) tills ouuo wan adjournod until next day of hoarlng, KM JOHN AONHW BIWW. Mt 1 Onrrielc appoarcd for tho bankrupt, and applied for tlio umial ordor of dlflcliarg*. , IHo Honor mvid l!io bitlaneo««lieot wan very unfavourablo to tlio bankrupt, as there wore no annotn whatever, tho wholo proporty being takon under a bill of mile. !Tlio Imnlmipt, In reply to his Honor, «ald that tho bill of enlo was executed about throe and a ImlJ! montli« boforo iho period oi! hU bankruptcy, llin If ouo t 1 Hfiid that tho Riving of blllw of Hiilo Id tliln Jiiannor was vory royi'elioiifliblo. HJ a tradcMman found bin u/fairo going to tho biid ho oiiffht at onco to ' fjlvb over hia pro* party io bo iwlmlntotored acoordinß to 4 tho Aot, Inftlead oC proferrin)? ono orodltor to another, Thcro was no opposition, and he would ordor tho bankrupt to bo discharged. I Ordor of dtaohargo made accordingly. liH WIMJAM AN)) ALVM'A) CURTIS AND JOHN ' BTAINBIIY MUitl'KY. Tlio banki'upts formorly carried on bu«l--noflfj at AHhley Bank, near Hautflora, as farniorfl, under tlio stylo oi! " Curtis, Murphy, and Co, J JabllltlcH s— To creditors, ui>»t:Hocurcd, ,£3Ol (is 7d j do. holding Houurlty, XIO 2h (Id \ <20, to be paid in full, wagon, £i(] 7fl| dodo, rent;, £f>7 l()«i do Alfred Curtl«, unijccui'od, XI U lOh ; total, XM(!8 2*i Id. Aftnetit (—Dobtoro good, £4 17flOdj property given up io our (ruyluos— interest in 100 aorco land Impcoved, jC'JO j do, reaping mnohlnc, how, and nundrien, XOl l«3j do Kmhi, Ml', total anHotß, jGUtf,7/5 <5d j <!c---fielonoy o£ firm, XfH)7 JBh 7<l > do of Alfred CuriiH XlO HJrti total deficiency, £02<l 14.i 7d. Moinorimduin. — Tlio floodn In the Ashloy —tho cauHO of our loosen— having curried away our books, clothing, and everything, we ure not in a position to go to any oxpeuno In making out detailed aeeounlu : but from memory, nnd Homo few memoranda, wo mil that woopent in labour, liuprovementw, nnd llvlnp;, X-tl!) 10h for tlio your pitHt, an pot 1 detailed wtatomonfc appendodi Kscjiondlturu In improvcmcnti'i labour, on iho farms on tlio AaJiloy ami Hnuglora, X'-tlO lflo. JJrenking up 28 iimiH, ttt-2'trt, X.1,") 12a j plouKhlng nnd harrow lug, at 275, XBO i rolling, X'(» ; flood wheat, £in ; oats, Xl 2 t carting, M $ u'ftgefl, and found, ono man one yo,nv, xoo j rout and loiiho oxponfiOS, iCtO.<is; t«'o hordes bouglifc, X-iO i hired, KB.{ fltores, clothing, &c, for three;, XlOOj liouno cont, X9O j borne f«ed, jCIO! total, X4l!> 10h, Two Hoparato potltloun hml h«ei» flled, but on tliu bint day of heaving, lha iimttcra wero eonsolldatod— ])r If'ttflloi 1 to have carriage of tiio proccodlngt), . IIIh Honor said tho report of thotriisloo (Mr Graham) was nmmtittfaotory, and he <m|t« agreed with that report, and thought that Mio'Couri/wiw bound, whore it found the conduct of th« bankt'upts, or any ot than, unnatlftilafttory, t<> visit tlio bankrupt with lv OtilliMtWl. Dp Fofller applied for a fuvtliei 1 adjourn, mont o£ tlio matter, ; ills Honor mild Ihut the ordor wlili-h ho wivi diopoH^l U> niaUo wan ono of flnul discharge, fiU«|i«udl»pf relief for a certain period. Mr Joynt; approlicndud that tho HUHpoiiHion would not apply to Murphy, but to tho other/) only, Mr Murphy (laid that ho could not again come to Chrißtchtirch, except at considerable oxpenao. IIU Honor mado an ordor oi! dlachargo as

regards Murphy, and ordered the others to Appear on tlio noxt sitting day, Nkw Casks, kb wxm.um lulnk. On tho Application of Mr Joynr, ihla matter wnfl ordered to stand ovor until Uwvuoxt dny of hearing, tho bankrupt nof having* filed his atutoment of accounts In ebusequbneo of illness. Hit TUOMAfI ANDKRSON, Tito bankrupt U described m of Christ, church, blacksmith, Liabilities— Creditors unsecured, jC229 19 2d ; wngos to bo paid $ total, £1M Ui» 2d. Assets—Good debtors, -Am > doubtful do, £53 17s 6d j bad ditto, M(\ rm (it\ • property nt present In my charge, consisting ox furniture, *t<wk, And business pJnnt, to which I. w\ entitled by tho Act, ,W5 } total «Amta t MO ; <)oflcio»cy, j£l6S Hs B<l, Ilia Honor enUY ho porcefvevi ftotu Mr (jkaham'n report, that the bankrupt did nor Kilord nil tho facilities to tho trustee which ho\ni» in duty bound to plro,nnd under these nlrcunifttunccfi, ho could not mnko tho ilm\l <>rd«i*, lie would adjourn tho enno until tlw next dav of hearing, nnd it would depend on tho bankrupt,'/) conduct toward* tho trustee whether tho order of dlnchargo would oven then bo made, Adjourned until tho icth July, nis John ii\nimtoar> drake, Tho bankrupt wits brought into Court on tho potition of Turnbull und Clarkson of Timaru, J)r Poster applied for adjournment of tlw matter until tho noxt day of hearing, on the geoutid that tho bankrupt had not had time to Mo Ilia atntcment o£ iwcotutUi. Mr Wynn Williams for tho petitioning creditor*, fluid that ho would havo to Apply, under tho 92nd section of tlio Act, for an order to pluco tho bankrupt under arredt. He would ho able to allow that tho bankrupt had been in tho wrong front beginning to cud. ito ll led hit) declaration on tho 23th of March last, und did not follow up tlio proceeding* upon hid aot of bankruptcy. Some time after filing his declaration, ho took out an auctioneer's license boM iv lrtrgo portion of hi* pro* porty. wtmtio Duncditi on prctoneoof Bottling with hit) ctudltora, and refused to make an assignment of hlo property to his creditor* on lltolr agreeing to t»ko a composition o£ Qftetu Rliilllngs in tho pound. His Honor nuked ill Mr Williams meant to niako tho application now upon aflldavit. Mr Williams said Ito proposed to examine tho bankrupt, and to found his application on tho facts brought out in evidence. Ho would rofor his Honor, flwt of all, to tho trustco'a roport, Hi» Honor road tho roport. Mr Williams moved, under tho 02nd and O.'lrd sections, for an order for tho bankrupt's arrest, or for an order calling on him to give security for his appcarAitcoat the next sitting of tho Court for examination, f Jo would prove, by tho ovldoneo of tho truateo, what ho hud atatcd to tho Court in making hU application for tho order of arrest or security. Ho would ilr»t of all cxamino tho bankrupt. Tho bankrupt, nworn, and examined by Mr Williams • I reeollcotKoingto Duiwlin about tlio l.'Jth of March last. I stopped tlioro about a woek or ton days, I went thoro to arrango if I could tako up Clarkaon and Turnbull'fl hillH, I had a meeting of my orcditot'9 at Duuodin. 1 offered them 10i» in tho pound, on my own acceptance* at two, four, nix, and eight monthfl. MoCitHum, Noil, and Co., creditor of mine, offered to pay my creditors ISU (Id in tho pound, on receiving an assignment from mo, 10a wan guaranteed by thorn — 5» in cash, and Cm in bills—and tho remaining 2.-) Gd wan to be on my own bills, I don't believe that 12a Gd was offered in cash. Some ou« talked of it, but it was only a ruse, Mr Uotiort WH«on, on tho part of iv grocer in Duutdln, cllcrou to givo 12a (3d in the pound on getting an iiß»ignmont of the estate. Ho Raid ho would allow rue to retain my furni* ,uro, my houso, and tho shares in tho Timaru IJulidlng Society. I think tho nharci were worth about XI7O, Iliavo put them down at £1)00, I sold thorn on tho 2.lth March, and (lied my declaration on the 28th. I had paid j about XMO on tItCHO shares. I valued my furniture ut £UiQ, and tlio house nt Xaoo. I wan uimbli) to meoc my creditors when I filed my declaration—^l was biiukrupt. Thcro was uu oil'or mado by Turnbull- and Ciarkßon, in tho (lrat instance, of 7a 6d in tho pound for my oHtatc, and itm afterwards on bills at thrco inontlin, both of which offura wcr<; dccilucd. I told my creditors that I preferred t » allow my caae to go into Court. Before leaving Dunedin, I told mimo of my creditor* —Mr DoiMrt for one— that I would tako out nn nuelionwst'd liceiwo and sell. It wai wltltol I wan «ellli)g that I Hied jny docluratlou, I k(j[#nn nccount of whivt I mid in a hook. I don't know what became of tlio book, I did not hand over tho whole proceeds of that »nlo — XO'J 18». 'Id—to Mr Clarkaon, tho trustee, 7lio hivUs look placo o/i tho 27th and 23th March. Mt 1 Cl.'trkflon wai nppointtid truxtou on tho ath of May, Mr Youglmsiiand received the procecdo of tho salo. 1 did not wish to Jcivvc tlio »n«>n«y i)i tho.c.lork'a hands when I kft to corny to Cliri«tchurch{ and having known Mr YoungliUfjiwniJ, 1 Kayo it to him to keop for mo. 1 Hold tho furniture to Mr Younghuii'j bund for XWi the fitraUuro haa ainco beenj handed hauls to the truntco. 1 don't <Jl«pu<c that I might havo got tho furniture b;«?k itguln, I cannot sny time 1 nrrnngad with Mi* Youii|jhUßbani| to get th(; furnituro backwlicn I got througii tho Court, It waa my inten. tion to get it buck, but tliorowns no thorough umlcrrttandlug »>n tho subject. I had a chtyiiv for tho £35, which I cnahtd, nnd opcttt tli<i mouoy. This took place iv dny <>? two loforc I llleil my declaration. I did not place the money in anybody's handd for tho benefit of my creditors, Mr Younghuabnnd became tenant of my houso at £'20 a year, My own valuation of the lioudo is XI per week. I sold a horse and cart for £M I<)3, which were not entered in the fi»!c-book. I did not givo that monoy to Mr YoungUusband to tako

daroof. On the 24th of March I sold a lot of goods to jMr Younghusband. I didn't get tho pi^ney for thorn ; Mr Younghusband was tfMittVe p.tld mo for tliom by v bill. There wns ho'agreement in writing, It was a bona Jlde said to Mr Younghusband, £90 odd ,woro not the whole proceed* of the sale, for whlnli l had. taken out a license. There was li^h^uo forKS 19j given to MrClarkson, which wna the amount rcallnod by the g»lo of goods not included in the mh), I went into rimnru twice to hand it to Mr Clarion, but forgot to do 30. About tho 21st of May I received a letter from tho trustee, asking for iv tttrttement of. my accounts. He naked, me to I'ivo a detailed account of the sale. The reason of my not proceeding with m y bankruptcy nftcr filing my declaration was" the licfivnlt of my taMalic?, Mr D'Oyly. T!u! mla la qiwatfon )nsiml two days. I won't awmrih.it £\m ttas nit I received from tlio Hiilo. I won't; svrcrtr that IdM not rccolro £17i>. ilia Honor remarked that ha did not know whether Me Williams desired to proceed further, 11a had, made out a prima facie qiuq In support of his application. Mr Williams »iM th*t he might «« well proceed with the exsuuinatiou, &nd get all out at oikc, ExAinltutlon continued— The cheque for .£9 3< fid, dated tho 7th April, handed by me to tho trustee, wns in liquidation of an account which was duo before tho sale, Cross-examined by Dr Poster • MydecUra. tlon was prepared on the 27th of March and nu-d by Me DOyly, of Chrtochureb, next' <my. I havo not now in my poaseafion any part of tho proceeds of the siinros. I have not any portion of tho procvtata of (he «<vle In my poasoiilou. The fur. nlturc sold to Mr Yonn«husband has been roturned to tho trustee. I have mcd the £33 104 which I Rot for tins Jiorse and cart, I held Hie sale by tho advice of Mr Dodda. ft creditor. He-examined by Mr Williams : I received tho money /or the shares from tho purchaser. I returned tho"£3s to Mr Younghusbana. X luiTO spent tho amount I recsived for the «bnrc*(XliJO), and tho j£:W lOa btf»id«i, tha proce«dfl for Uio lwrue and cart. Mr Dodda did not ad rite me to fllo my declaration i his advieo was altogether independent of fltfaff my declaration. Ho merely ftdvlsed ra« to holtj tho m\M. Isold u\y furniture bceauM Miles w\\ Go. tutd RtiHsall and Co, were pushing me $ I «oIJ tho furniture to prercnt their taking it. David Clarkson : I am trmtco l& Drake* estate. I wrote to Drake asking for full parlicuhrg as to his e-ttato. Ho did not fur. nish mg with tho particulars I requested. I ?<now- of tho »nlo which ho held on tha 27th and 28ih of March. Mo did not Rite me »n account of that sale. Ho told me that Mr Younghusband had XOD In his possession, tho proceeds of tho «i»le. I offered X5 reward for tho missing sale book. 1 advertised for the persons , who had bought goods to giro in formation as to thoir purchases. Persons in town camo forward and brought their accountn, Dr Poster rnfacd objection to the contents of tlicsc nccounls being taken in evidence. UU Honor allowed the objection, and Mr 'Wiiliniiia i»rDcccJcd no further with the examination of the wßi'icVm, Dr VoalMt addresaod iho Court In opposition to the application for arrest, and Mr Williams in support. His Honor Raid there was sufficient In the bankrupt's conduct to warrant him In making tho order ai prayed. The bankrupt vena takon into custody by thi; eheriff, and his Honor ordered the ense to stand adjourned until the 16th July, nn david nt.ooji. On the application of Mr Graham, this caso was udjourned until tho ICth July, the Court refusing Mr Wynn Williams' Application, on bt>)j.»U of the bankrupt, for maintenance mom,'}', Mr Gnrriok rt-prcscntcd tho petitioning creditor.