SUPREME COURT.

Star (Christchurch), Issue 6140, 29 March 1898, Page 3

SUPREME COURT.

. . IN CHAMBERS. ./ ; Tuesday, March 29. ; (Before his Honor,' Mr Justice Dennistoh.) probates, &q. - His Honor granted probate of the wi)l3 of Ann Hamilton, deceased (Mr Widdowson); Sarah Vaughan Jones deceased (Mr ); Mary Dixon,. deceased (Mr Helmore); John William Webb, deceased (Mr Slater) and B. W. Mountfort, deceased (Mr Slater). Letters of administration were granted of the estates of Christina Scott, deceased (Jlr Helmore) and Arthur Orr, deceased (Mr Slater). EXECUTORS' COMMISSIONS. Motions: for executors' commissions in re M. Lowe deceased (Mr Widdowaon), H. J. Hall : deceased (Mr Stringer), and R. Galway deceased (Mr Stringer), were referred to the Registrar to report. BE DEED OF SETTLEMENT SYMES AND FABK. On the application of Mr Hall, his Honor made an order appointing a new trustee herein. . BHTJRY V. STITT AND ANOTHER. Mr Hall stated that this case had been settled. M'CALLUM V. KONIG. Mr W. B. Cowlishaw appeared in support of a motion to make absolute a charging order nisi against a partnership; interest herein. * Mr Stringer appeared to oppose. After discussion the matter stood over to. allow the parties to confer.. ;; v •,] • IN BANKRUPTCY. •; RE' GEORGE D. CRONIN. Mr Loughnan applied for the bankrupt's discharge, which was granted. IN RE THE OFFICIAL ASSIGNEE AND J. F. DOUGLAS. Mr Kippenberger appeared in support of a motion to set aside an order for reregistration of an instrument under the Chattels Transfer Act. Mr Russell appeared to oppose. Mr Kippenberger stated that the instrument was a bill of sale over an engine and combine. The combine had been destroyed by fire, and the instrument at present applied only to the engine. It had been originally granted for five years, and the registration expired in December, 1896 It was re-registered on May 20, 1597. The' bankruptcy had taken place on August 16 of the same year He submitted that the order was bad under Sections 12 and 25 of the Act, because it did not limit the time for re-registration and because the time wluch the holder of the bill had permitted to elapse after he received the order till he effected theireregistration, over five weeks A P"! 13 to May 20, was unreasonable. The Gfhcial Assignee, as representing # the creditors, might be prejudiced by this order, as the security over the engine would thereby be rehabilitated if persons had become creditors of the bankrupt in the period between expiry and re-registration. Mr Eussell submitted that so long as> no hostile interest vested before the re-regis-tration of the bill of sale, the order was good. The order was in the usual torm, and the same as was in uso at Home, lne delay had been principally caused by the Easter vacation and the absence ot the Judge at the Court of Appeal. His Honor said that there was no provision that the judges should limit the time within which an affidavit of renewal must be filed. The order was in the U3ual form, and'there was nothing to show that any person had granted credit on the assumption that the property was free from security. There was no suggestion tf fraud and nothing to show that any , person's rights had been prejudiced or that | n ghts had vested. The order had been J^de with foil knowledge. The applica"°n w&a dismissed, with £5 5s costs.