DISTRICT COURT.—SITTING IN BANKRUPTCY.

Westport Times, Volume III, Issue 513, 5 June 1869, Page 2

DISTRICT COURT.—SITTING IN BANKRUPTCY.

(Before His Honor Judge Clarke.) Thursday, June 3. James Godfrey.—The Clerk of the Court (Mr Harris) intimated that the hearing in this case had been already adjourned three times. Mr Tyler, as the bankrupt's solicitor, said he had no communication with the bankrupt since the last sitting of the Court, and did not feel bound to take any steps. The case was struck out. John Lewis.—This was a similar case, the bankrupt having absconded. Mr Tyler had no application to make, and the case was struck out. Thomas GEnLiEßAxn.—This case had been adjourned twice, and it was struck out, Mr Pitt having stated that, since the last day appointed for hearing, he had connnunicated with the bankrupt, and had received no reply. E. P. "Williams.—Mr Pitt appeared. The case was Bimilar to the others, and was struck out. Philip Eoonex.—Mr Tyler appeared. There had been no communication from the bankrupt, and he did not appear. Struck out.

Thomas Tract.—Mr Pitt stated that this case had. been adjourned on an application by Mr Tyler and the Provisional Trustee, requiring a statement of accounts, lie bad received a telegram from the bankrupt, stating his inability to attend, but he was prepared to file accounts, and Mr Pitt ashed that the case should be adjourned. The adjournment was granted. George Somxer.—The Trustee reported that no creditors had proved their debts or intimated their intention of opposing. Mr Pitt stated that a statement of accounts had been prepared and sent to the Clerk of the Court. Ho applied for final discharge, on it being recorded that accounts were furnished. Discharge, on this condition, granted. Charles Gardixer.—Mr Tyler applied for an enlargement of "the time for discharge, on the ground of the bankrupt's illness and inability to attend. The time was extended to the sitting of the Court in August. George Carrxithers.—Mr Pitt moved for an order of discharge, which was granted. The Provisional Trustee offered no opposition, neither had any creditors offered opposition or proved debts. Hugh Bobertsox—No creditors had proved, and there was no opposition. The Trustee reported that the bankrupt had no available property, and informed the Judge that the bankrupt bad only obtained a discharge on the 10th of April, IS6B. Mr Tyler explained that that discharge was obtained for debtk incurred four years previously. The liabilities now were £133 4s : the assets £25. The principal reason of insolvency was that the bankrupt's family had, by mistake, been carried on to Melbourne from Dunedin by steamer, and that considerable expense had been thereby incurred, which he could not conveniently meet. Discharge granted. Philip Griffiths.—Mr Pitt appeared. There was no opposition. Discharge granted. George Halleb.—The Trustee reported that, by a resolution of the creditors, a composition of 7s 7d had been accepted, and, with two exceptions, the debts had been paid. In these two cases, in which the creditors were in Melbourne, and in which the amounts were £lO and £3O, the money had been lodged in the Bank of New Zealand. It was, Mr Tyler said, merely a formal matter coming before the Court, as the Act had been complied with, and the estate had been taken out of Bankruptcy. Mr Tyler called attention to the 19th section of the Amendment Act, and asked His Honor to fix the remuneration to be given to the Trustee,

according to the services rendered. The usual rule of per-centage did not apply in this case, when the estate had been taken out of Bankruptcy and settled by the creditors. The adjudication of bankruptcy had been made on the 3rd of April, and the first meeting, at which the composition had been accepted, took place twelve days after. The Trustee's duties were, therefore, confined to making the report. His Honor thought the clause did not apply to cases which had been taken out of the jurisdiction of the Court, and he considered this case was beyond his jurisdiction. Mr Harris, as a Provisional Trustee, desired also to have tie matter of fees defined, but desired that the question might be heard in Chambers. He was Clerk of the Court, and a Provisional Trustee, and had, as Clerk, to tax his own costs as Trustee.

His Honor was willing to hear the matter in Chambers.

Mr Tyler explained that if the case was out of the jurisdiction of the Court, he had no reason to appear. He did not feel called upon to oppose Trustees' fees generally. He only did so in a case in which he had been instructed. Atjtiiur O'Neil.—The Trustee reported that the liabilities were £IOB 10s lOd. The assets were a share in a claim nominally valued at 10s. Mr Tyler: The bankrupt is a miner, and has a claim, but it is not paying more than £2 a week, and has no monetary value in the market. His Honor : I suppose you mean that he could not pay a man with less than £2 a week Mr Tyler : He probably could not obtain a man for less than £5 per week.

His Honor ■ Then I suppose the claim is of no monetary vrJue. Discharge was granted. William Luke.—Neither the Trustee nor creditors offered opposition, and no debts had been proved. The liabilities were £244 Is 9d ; the assets nil. Mr Tyler stated that the bankrupt in this case was also a miner. "With his mates, he had been concerned in an appeal ease. There had been a great deal of litigation, the expenses of which could not be less than £2OO, and ho and his party had been unsuccessful, after several months' work. The discharge was granted. Petee G-retg Leslie and Francis Sweetman.—Liabilities £l2l 10s 3d. Assets—£Go due by a person who had got his discharge from the Court. There was no opposition. Mr Tyler applied for discharge, which was granted. Emilius Nielson. —Thursday, the Ist of July, was, on the application of Mr Tyler, fixed as the day for final examination.

Mr Harris bogged His Honor to fix a time within which creditors should lodge their claims for dividends. At present estates had to be kept open for an indefinite time.

His Honor made it an order of the Court that six months should be the period.

The Court was then adjourned sine die.