WESTLAND DISTRICT COURT.

West Coast Times, Issue 732, 28 January 1868, Page 3

WESTLAND DISTRICT COURT.

SITTINGS IX BANKRUPTCY. MoSDAY, jAHtTABT 27, 1868. (Before his Honor Judge Clarke.) The Court sat at 2 p.m.

BE WIUUSI HIOOINS, A DBBTOI. In this caso a rule nisi had been obtained, on the petition of James Holmei, calling on the debtor to show cause why he ihould not be declared a bankrupt. Mr South for "the petitioning creditor, Mr Harvey for the debtor. Mr South moved that the rule be made absolute. Mr Harvey said that ho had no cause to show. The Court made the order adjudicating the debtor to be a bankrupt. David Kelley, examined by Mr South — I know William Higgins. On 23rd December, at Boss, he signed a paper purporting to be a receipt far L 142 12s 3d, for his hotel and three cows. I did not pay him in cash that day, but receipted a bill he owed me. I afterwards let the hotel. That transaction was not for the purpose of keeping Higgins' creditors from receiving the amount due to them. The house was not finished at the time, and the disease was amongst the cows. I did not consider this property was worth more than my claim. Mr South — Then why did you buy property which is worth double that amount ? Mr Button — I appear for Mr Kelly, and I object to that question. I produced him, and I say it is unfair to put such a question to him after he has sworn to the contrary. Mr South — You cannot appear for a witness : his Honor has decided that this morning. Mr Harvey — I appear for the bankrupt, l..nd I take the objection. Examination continued — After Higgins told me that he had to^come to this Court, I sold three cows and bought goods with the money ; the goods are now in the store. Mr South applied for the payment of L 67 10s into Court, to await the order of the Court. Mr Button — I am now retained by my learned friend, Mr Harvey, for the bankrupt, and I may say, we have no objection to pay the sum into Court. Mr South — Has Mr Button any standing here. Mr Harvey— Yes, just the same as you had in the case this morning. Mr South — I deny that. Examination continued — At the time that document (the receipt) was signed, I was not aware that Higgins had many creditors. Higgins told mo that he owed Holmes a little money ; I was not aware that he owed Myulasy any money. I was not aware that at the time Higgins signed the receipt that he was in difficulties except with me. Higgins did not tell me that he was otherwiie in difficulties. William Higgins — I was the owner of the Sew Inn on the south side of the new road near Ross ; that property is worth about L3OO | — the house and the cows are worth LiOO, I have told persons that I would sooner have it than LSOO. I signed the receipt produced, because I owed Kelly L 142, and I gave the document to him as security ; M'Gaffin wrote it and read part of it to me, and then I •igned it. There seemed to me part* of it not filled up at the time I signed it. I did not believe it was an absolute sale. I never gave up possession, but Kelly let the pieurises tome. Mr Harvey — The document was never intended other than as a mortgage, and I may state that Mr Kelly now he has been ad-, vised, is perfectly ready to give up the property. Examination continued — On the Ist January, I gave over five cows to pay L 55 for wagfs. I had another paddock up at Ross. That was seized on 15th January, by the bailiff, at the suit of Thomas Jones, to whom I owed L3O. At the time Kitchen, the bailiff, sold the paddock he had received notice not to Bell. Francis Moian was the purohaser. I had a calf which was sold at the same time by Kitchen. The grog in the cellar was also seized by the bailiff for Thomas Jones. That grog and stuff cost mo about LSO. I used to take in the business about a pound a day, more or less. David Kelly, at a meeting of the creditors, represented that it was a bona fide 'sale of the property. I told him and the creditors at the time that I did not understand it in the same way he represented. At the time I signed that document to Kelly I did not know that I was* so involved. Kelly told the creditors that he would give no guarantee that the property should be returned. I have no property other than I have stated. At the time I called a meeting of my creditors I had paid as far as ever I could. Mr South said that he might state that the feeling of the general body of the creditors was that Higgins was not so much to blame, as he had been taken advantage of. Charles Nyulasy, examined by Mr South — On the evening of the 18th January, I served Kitchen, the bailiff of the Magistrate's Court, Ross, with a notice not to sell the property he had levied on belonging to Higgins. Kitchen said "All right." On the Monday following the sale took place. His Honor granted an order for the payment of L 67 10s into Court, and also for the examination of Kitchen, the bailiff, James Holmes, Charles Nyulaaey, and John M'Gaffin, on the 31st January iust. , The Court then rose.