Supreme Court.

Star (Christchurch), Issue 97, 4 September 1868, Page 3

Supreme Court.

This Dav. (Before Mr Justice Gresson ) Tl.'s Honor took his seat in the Court Chambers, at 1 1 o'clock this morning. RK JOHN KERR. DECEASED. Mr Harper applied, under the Intestate Estates Act, 1860, f»r an order of administration to the curator. His Honor m.ide the order aB prayed. RE JOHN JUSKINS PEACOCK, DECEASED. Mr Garrick applied for an order for probate to issue to the executrix and the two -xecut-.rs named in the will. Hi.- Honor enquired if one of the executors was in Sydney. Mr Garrick replied that they were both in Canterbury. His Honor made the order as prayed. HAK3IER AND ANOTHER V BOWLEY. Mr Harper made application for the issue ■of judgment by default for £20, with interest at the rate of 8 per cent, and costs. His Honor made the order as prayed. In Bankruptcy - , re christopher dearing. Mr Garrick, on behalf of a creditor, made application for leave to prove a claim, and to share rateably with the ere litors who had proved at the the date of the final order. The trustee (Mr Walker) had been served with notice of the application. A dividend had been declared, but had not yet been paid to creditors. His Honor: The dividend has been declared, and al though not yet paid, it cannot, I think, be disturb d. Mr Garrick submitted with all deference to the Court, that a creditor could still come in, _nd share in a pro rata distribution with the rest cf lhe creditors. His Honor: Have you any authorities to show me tbat, trhere a dividend has been declared, the Coutt will let a party in to disturb that dividend? Mr Garrick: I think I < an, but I am not prepared with them to-day. Will your Honor allow tlie matter to stand over until Tuesdaj- next? Hia Honor ordered the application to stand •over until Tuesday. RE LTJISIS BERLINER. Mr Garrick. on behalf of the petitioning creditors ( W. Pratt, and others), applied for an order confirming the choice of trustee, and fixing a day for last examination and discharge, and for the bankrupt to attend and account. His Honor; I think it would be incon-ven-c-r.r while the order is pending to annul lIK-adjudicaiion, to make the order now asked. There is nothing in the Act, so far as lam awnre, rendering it necessary to make an •order of confirmation, &c, immediately after Hk- mreting of creditors. It says "forthwith" in one section. Mr Garrick: I thought your Ho -or might make the order, and let it lie in the ofllce. His Honor: I don't see what use that would be. Mr Garrick: I think that in all probability there will be an application to withdraw all proreedings, the bankrupt paying twenty shilling} in the pound to all his creditors. J fis Honor: Tliat would be a very satisfactory arrangement indeed. No order made: application order to stand ovi-r for the present. RK JAMES SOMEUVII.LE TCRNBOLL. Tn this matter an application was to have been made on behalf of Mr Dugald Macfarhuie, a creditor, for leave to prove against thia. estate, and to share rateably with the creditors, who proved at the date of the financial order. Mr Slater, who w>s to move in the matter, was not in attendance when the case was called on, and his Honor ordered it to stand ovt r until Tuesday next.