Supreme Court.

Star (Christchurch), Issue 109, 18 September 1868, Page 3

Supreme Court.

♦ This Dat. (Before Mr Justice Gresson.) His Honor sat in the Court Chambers at 1 1 o'clock this morning. RE HENRT DEARDEN, DECEASED. Mr Duncan moved for letter* of tdministration. His Honor made the order as prayed. KE GEORGH STANDEN, U I CEASED. This was an adjourned application for letters of administration, with two testamentary documents annexed, pending the lunacy of Jane Standen, the executrix named. Dr Foster said he had filed the further affidavit required by his Honor, and cited sev.ral authorities t» justify the application. His Honor said he would look into the Authorities, and would most probably make the order. He would mention the matter to the Registrar. In Banco, davis v. simpson. Mr Garrick for the plaintiff, and Dr Foster for defendant. This case was set down for argument on demurrer, but was adjourned until Fiiday next, by consent of counsel on both sides. FEARON A>"D OTHERS V. SYMINGTON AND ANOTHER. Special case for argument. Mr Harper asked that thia case might be postponed until next Chamber day. It was arranged that motion should ba made on next Chamber day for tha removal of the demurrer. Mr Garrick is counsel for the defendants. In Bankruptcy. ke lueis berliner. Dr Foster said that if Mr Garrick would consent to allow this matter to stand over until next Chamber day, he would in all likelihood be able to ask for an order, the effect of which would be to settle the matters connected with the bankruptcy. His Honor : Mr Garrick, mentioned on a former day that an arrangement would be made for the payment of 20s in the pound. Dr Foster: I believe that will probably be the result. There are some matters, however, on which it is necessary to have, your Honor's opinion. The matter was adjourned until Tuesday next, the time for the bankrupt to surrender being extended until the 29 th instant. COSTS IN BA KROPTCY CASES. Garrick said that on the late occasion of his Honor's sitting under th« Bankruptcy Act, he had alluded to the subject of solicitors taking costs from bankrupts, and had given it as his opinion that their doing so was in contravention of the Act. His Honor: There is no clause in the Act to justify their doing so, and I intended to take the opinion of the Judges upon the poi*___7 As I stated several times when holding sittings under the old Act, I think a rule [ should be set down allowing solicitors to take a certain fixed sum so as to guard them against incurring any loss in conducting cases for bankrupts. But as no provision is expressly made in the present Act, there is a difficulty about allowing professional gentlemen to accept money from persons going through the Court. In the matter which came before the Court yesterday week, it appeared that £20 had been handed to the solicitor and that other payments had been made. I found fault with the bankrupts for both. Mr Garrick said his object in again mentioning the matter to-day was, in order that the question might be settled as speedily as possible. There would be no difficulty if pro- | vision were made allowing solicitors their | costs. He had heard that in some cases the I practice had been that some friend of the bankrupt had guaranteed the charges, but this seemed to be only a circuitous way of arranging the matter, for no one would guarantee the costs unless he saw some way of being reimbursed. The learned Counsel referred his Honor to two cases, to shew that under the English Bankruptcy Act of 1849, payment by a bankrupt to a solicitor of maney sufficient to pay the costs of his bankruptcy, could not be taken to be a fraudulent preference — 1. L. I. New Series, Re Charles House I Law Reporter, page 220; Assignees of Robinson v. Robson, 32 L. J. L. T. Old Series. His Honor : If my opinion were asked by the other Judges as to whether a rule providing for costs should be made, I would say unhesitatingly, make the rule. I think it better that a thing should be done directly and not circuitously as you have stated. I had not time to consider the matter in Court, but at the moment it seemed io me to be not distinctly provided for by the Act. I took a note of the point, iv order to bring it before my brother Judges at the earliest opportunity.