Supreme Court.

Star (Christchurch), Issue 131, 13 October 1868, Page 3

Supreme Court.

— *, — This Day. (Before Mr Justice Gressou.) His Honor took his seat in the Court Chambers, at 11 o'clock this morning. RE DILLON MURRAY DECEASED. Mr Wynn Williams applied for leave to file probate copy of will instead of the original. Lrave givsn. In Bankruptcy, re james brett. The debtor, in i erson, applied for an order of adjudication and meeting of creditors. His Honor made the order as prayed, and fixed the meeting of creditors to take place at the Registrar's Chamber on Wednesday, the 21st October, at one o'clock. KB THOMAS WYCHERLEY. Mr Joynt applied for an order of adjudication and meeting of creditors. His Honor made the order as prayed, appointing the meeting of creditors for Saturday, the 24th October, at 11 o'clock. RE JOHN MGREGOK. Mr Slater applied for an order of adjudication and meeting of creditors. His Honor made the order as prayed, and fixed the meeting of creditors to take place at the Registrar's Chambers on Saturday, Oct. 24, at 12 o'clock. RE WILLIAM HENRY GRANT. Mr JSlateV 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 13th Nov. as the day for last examination, on the understanding that the case will then be adjourned until the next sitting day, if necessary. RE WILLIAM THOMAS BATJGH. This was an adjourned case (for further affidavits), in which the trustee, Mr J. H. Hankins, was to shew cause why he should not pay into Court the money which he had collected, leaving it to his Honor to decide what should be his remuneration for services rendered to the estate in such capacity. Mr Wynn Williams, who appeared on behalf of the trustee, said he had filed the affidavits required by the Court. Whatever might have been the conduct of fie trustee in paying himself without first of all going to the supervisors, still the proceedings could not otherwise be characterised than as extremely harsh. There was a provision in the Act for the supervisors and the creditors to settle the manner in which the trustee should be paid, and the amount of remuneration he should receive ; and the supervisors might have adopted this course instead of taking such harsh proceedings, which had the effect of putting the trustee to at least £20 expense. The £24 had been paid into Court, as directed by his Honor on the former day. His Honor said that the course which he had now to take, was to submit the trustee's bill of costs for taxation. Mr Williams said the question as to the costs of the rule was now a most serious matter. The rule had been taken out by the supervisors upon a rumour that the trustee was going away. Had it not been for this rule, the question of remuneration could have been decided in the manner provided by the Bankruptcy Act. The rumour was admitted to be without foundation, and it would be very hard upon him if the trustee should have to pay the costs of the rule. His Honor thought it would be premature for him to settle this question until he ascertained the effect of the taxation. Mr Williams: Had the supervisors proceeded in the manner provided by the Act the costs of the rule would have been avoided. His Honor: My mind is affected, and unfavourably affected to some extent towards your client, Mr Williams, by the account which he has put in. There are charges in it which, manifestly, he never should have made. Mr Williams: Even admitting that, the matter could have been settled without this course. His Honor — Ultimately, I shall have to consider the question of the costs of the rule, after the matter comes on for discussion. But I am not now in a position to do so until I see the effect of the taxation. Mr Garriek said he had no desire at present to press for an order calling upon the trustee to pay the balance into Court. The object now was to determine what his remuneration should be ; his conduct, subsequently. His Honor said that two or three items in

the trustee's account had been explained. He found that the trustee could not have reached Kaiapoi by coach until 12 o'clock, but he might have arranged the matter more econjmically than he had done. Mr Williams said the Court sat at eleven o'clock, and it was not likely that the Magistrate would wait beyond the usual time for Mr Hankins' attendance. In one instance, the trustee got judgment against Mr Hall for £2 odd. Mr Hall subsequently found the receipt, summoned the trustee, obtained judgment, and 'iad the money, with the costs, paid back to him. An order was made, referring the trustee's charges to the Registrar for taxation. RE RICHARD MASON. The bankrupt is in Lyttelton gaol, awaiting his trial on a charge of perjury. He is in a very bad state of health ; and on a former day, Mr Joynt made application for his release from prison on his own recognizances. His Honor then refused to accede to the application, but signified his willingness to make the order if a medical certificate or affidavit were produced. Mr Joynt said he was sorry to have to bring the matter before his Honor to-day in an irregular form. Mr Keston had called ut his office and told him of the precarious condition of the bankrupt/ His Honor — Mr Reston met me in the street and told me the same thing. Mr Joynt said that on the previous day Mr Reston told him he would obtain a medical certificate, but it had not yet reached Christchurch. His object in renewing the af plication now was, in order that the bankrupt should not have to remain in prison until his Honor's return from the Court of Appeal. No doubt the debtor had every a'tention shewn to him in prison that was possible, but he was in such a state of health that he required the comforts of a home. His Honor : What can Ido ? I cannot by my mere ipsi dixit make an order discharging tbe prisoner. Mr Joynt : I don't ask that, your Honor. I want to know whether you will admit him to bail on his own recognizances. His Honor : I would, if I had any legitimate legal evidence. Of course I believe Mr Heston's word, but it is necessary that I should have an affidavit before making the order you seek for. I cannot understand why there should be a difficulty or any expense in the way of getting a medical certificate. Dr Donald is the visiting justice. Mr Joynt : Dr Donald might give an affidavit that Mason is in a bad state of health, but it might not go the length of recommending that his health was so very serious as to render his liberation altogether necessary. In that ense what am Itodo ? Would your Honor take Mr Keston'a affidavit ? His Honor: Unquestionably, and I would liberate the bankrupt upon it. I am willing either to take an affidavit from Mr Reston, or take his evidence vive voce. lam as anxious to make the order, Mr Joynt, as you are to obtain it. Mr Joynt said that Mr Reston was extremely anxious in the matter. It was arranged that Mr Reston and the bankrupt should attend in Chambers, next day, at noon. In Banco. y MILES AND CO. V. WAITT AND OTHERS.^T In reply to his Honor, Mr Williams and Mr Garrick said the learned Counsel in this case would not be prepared to proceed at the present session of the Court of Appeel. His Honor said it was lamentable that tbe ense should be put off for a year. What was the point upon which Counsel differed? Mr Williams said he had drawn up the case, and sent it to Mr Duncan, who inserted one or two statements, which Mr Harper could not agree to. His Honor said that Counsel should have appeared before him, in order that the point at issue between them might have been settled. It was very unfortunate that such a delay had been caused.