Supreme Court

Star (Christchurch), Issue 100, 8 September 1868, Page 3

Supreme Court

Tms Day. (Before Mr Justice Gresson.) His Honor sat in the Court Chambers at 11 o'clock this morning. KE GREY STEPHEN BECORD, DECEABED. Mr Duncan applied for letters of administration to the widow. His Honor made the order as prayed. RE JEANNIE COLLIER, DECEASED. Mr Duncan, on behalf of Mr G. G. Russell, of Timaru, applied for an order for leave to register copy of the wi 1. The application had previously stood over for an affidavit to be filed by Mr Russell, disclosing his interest in the will. i his having been done, his Honor made the order as prayed. In Bankruptcy - . RE JOltS -iULSEBROOK AND JOHN MEADOWS. Mr Wynn Williams applied for an order confirming the choice of trustee, and fixing a day for last ex -.mination and discharge. His Honor confirmed Mr Graham's appointment, and fixed the last examination for Thursday, the Bth October. RE CHRISTOPHER DEARING. On last Chamber day, an application was made by Mr Garrick, on behalf of a creditor, for leave to prove a claim against the estate, and to share rateably with the creditors who proved at the date of the final order. It appeared that a dividend hail been declared by Mr Walker, the trustee ; and his Honor declined to make an order which would disturb the dividend. At the learned Counsel's request, the matter was allowed to stand over until to-day, in order that he might produce authorities to warrant the Court in making the order as prayed. Mr Garrick now renewed his application, and cited Styles and Pigot in 1 Atkins and 1 Deacon's Law of Bankruptcy in support. Hit Honor : I am very unwilling to disturb the dividend, for I don't s«e where there would be an end ot" it. We would have such applications continually. Mr Garrick : They cannot arise under the present Bankruptcy Act, which permits proving up to the last moment before division. His Honor : I am willing to make an order bringing up the creditor in the next dividend, but I cannot allow any disturbance of a dividend which has been declared. Mr Garrick : There can be but very few estates remaining under the old Bankruptcy law, in which such a question can arise. Mr Walker said that several of the credi tors had protested strongly against this creditor being admitted to share in the dividend which had been declared. His Honor declined to go further than to make an order, admitting the creditor in question to share rateably with the other creditors in the next dividend — the present declared dividend not to be disturbed.

RE JAMES SOMERVILLE TURNBULL. Mr -later said that this was a similar case to the one just dispos: d of, with this exception, that the final order was granted on the 15th November. 1867, and his client (Mr Dugald Macfarlane) filed his affidavit of proof on the 3rd April, 186S, which was within six months of the date of the fi ;al order. Hi 3 Honor: Does the affidavit state the r-asons why the creditor did not prove before the date ot the final order ? Mc Slater: Ie does not, your Honor. I believe it to have been understood by th« order of the Court that creditors had »ix months at tht'ir disposal to prove after the making of the final order. Hh Honor: Has a dividend been declared ? Mr Walker: Not in this estate, your Honor. His Honor: In that case, I can make the order as prayed. Order made accordingly, giving Mr Macfarlauc leave to prove his c'aim and to share rateably with the creditors who proved at ths date of the final order. RE JOHS PEPPERELL. I This was mi application by Mr Harper, on j behalf of Mr Graham, the trustee in the! estate of John Ptpperell, fellmonger, Avonside, for an order calling upon the bankrupt to shew cause why a certain deed of gift to his wife and children, made in September last, and also certain moneys invested since the bankruptcy in land, should not, under section 146 of the Bankruptcy Act, 1867, be sold and conveyed to him, the said trustes, for the benefit of the creditors. His Honor ma le a conditional order, to be served on the bankrupt and his wife and children, calling upon them to shew cause why the deed i i question should not be *et aside, and why they should not execute a conveyance to the trustee, for the benefit of the creditors under the bankruptcy. RE JAMES FERGUSON DOUGLAS. Dr Foster made application on behalf of Mr John Holme Twentyman, the petitioner, for an order of adjudication and meeting of creditors. 'J he application was ordered to stand over until Friday next, in order that further affidavits might be filed and authorities produced. RB WILLIAM HAMILTON ENNIS PINCHING. Mr Cottre'l applied for an order confirming the choice of trustee, and fixing a day for last examination and discharge. His Honor confirmed Mr Graham's appointment, and fixed the last examination for Thursday, the Sth October. RE ANDREW THOMSON. Mr Harper applied for an order of adjudication and meeting of creditors. His Honor made the order as prayed, and fixed the meeting of creditors for Wednesday, the 16th Sept., at 11 o'clock. RE JOUN SELLARS. Mr Bamforl applied for an order of adjudication and meeting of creditors. His Honor made the order ns prayed, and fixed the meeting of creditors for Wednesday, the 16th Sept.. at 12 o'clock. RE WTNN WILLIAMS. On Tuesday last, an order was made, calling on Mr VVynn Williams to answer certain affidavits made in respect to the case of Louis Berliner. Mr Duncan said he had been instructed by Mr Williams to appear on his behalf. The learned Counsel complained stvougly of th* modus operandi by which Mr Williams had been brought iuto court, and of the manner in which, while that gentleman was absent from the province, affidavits had been filed and an application made calling upon him to shew cause. He had been created in the harshest manner it was pos.ihle to conceive. He was obliged to return suddeuly to Christchurch to obtain copies for himself of the affidavits that had been filed against him, and to answer them as speedily as he could, i his he had done he (Mr Duncan) believed to the entire satisfaction of the Court. Mr Garrick objected to the matter being gone into to-day, on the ground that it was necessary to see the letters to the bankrupt, and the telegram which was sent to him by Mr Preston. His Honor considered that it would be unjust to Mr Williams to have any delays. He had been furnished with the affidavits on the previous evening, and having read them over, he must say that the Court was thoroughly satisfied with Mr Williams' explanation, at d that he would go out of Court completely discharged from any imputation. The order would therefore be discharged without costs. V- In Banco. REVELL AT THE SUIT, OF DAVIS. Mr Duncan applied for the dismissal of the action, with costs. His Honor : This was a demurrer not proceeded with ? Mr Duncan : It is, your Honor. His Honor : I have a strong impression that cannot come under the 408 th rule. Your course was to set it down for argument, aud then to apply for the dismissal of the action if the other side didn't proceed. Mr Duncan : In this case the demurrer was not complete. There was no rejoinder. We served notice that application would be made for the dismissal of the action for want of prosecution. [The learned Counsel cited Chitty.] His Honor made an order for dismissal of the action with costs.