DISTRICT COURT, HAMILTON.

Waikato Times, Volume XXVI, Issue 2136, 18 March 1886, Page 3

DISTRICT COURT, HAMILTON.

■<- TihMi.w. — (lieioic His Honour Judge Seth .Smith.) in inMviiirrci. I\ ke Hobkki lJi:\inifK, settlor, Tnhik.nr.iiik.i. — Mi Ma> applied fni an unioi of di>chaigc. -The Deputy Official Assignee, Mr J. S. Ildgucumbc, said theie wa> nu <i,jp«i'-i-tion, and the ordei was granted. — .Mr Hay applied for solicitor**. o^t-. out of the. estate. —The Deputy Assignee said lie had been instructed to object to the payment of defendant s leg.il costs in those ca^e-*, and handed in tliD follow ing lcttci .—Official A-Mgnee s m luukiuptcy aie mfoiuiul that the attention of the Minister of Justice lias been dnected to the \ery heavy bills of costs frequently rendered by Holicitors in baukiupt e-tates and allowed by the court, especially in the smaller towns where the estate.-, aie seated in Deputy Asbitrneoo. It has been pointed out that in some instances the whole estate h.is been swallowed up in costs, leaving nothing for the creditors nor for payment of the Deputy Assignee's remuneration, which theiefore falls upon the Government, while in others the costs havo been out of all pioportion to the value of the o-tato or the work done. Official Assignees are therefore ic(|ue*ted to inform their deputies that they will be expected to stienuoiihly ieM-t all nioidinate claims against ost itfs in their chaige. and use thoir utmost endeavoun to have such extiavagant eli.irges leduued to a reasonable amount. It may bo pointed out that neither does the At t contemplate the employment of solicitoi-, nor is there any neces-it\ foi doing so by dobtoih in oidinaiy case*, as all ncces>aiy forms are pi escribed by the schedule to the Act, and obtun ible fnun most new-spapei offices. Assignees and then deputies arc expected to afioid assistance to debtor^ in compljing with the necessary prelnninaiiei, as far as is consistent with theii own functions under the Act. In cases m which it is 7iece«saiy to employ solicitors, the scale in the schedule to the Act should not be exceeded, excepting under very special ciicumstances. — liy Order. (Signed) 0. J. A. Haselden, Acting Undersecretary, Department of Justice, Wellington, Oth February, 18HG.— Mr Hay objected to the line adopted by ; the Justice Department, and complained that since the passing of the Act he had received the most inadequate lemuneration. — The Deputy Assignee naid the discharge benefited the debtor only, and the costs connected theiewith ought consequently to be paid by him. — His Honour disagreed with this \iew of the ca.se. If the costs of the proceedings did not come out of the estate, it \va.s hard to see how they could be paid at all in \ iew of the ciicumstanre that the debtor gave up all his estate to tli« ciuhtors. On the other hand he did not flunk that small estates should be buidemd with the whole of the costs, as in tint ca-.o they would be swal lowed up complete!). He would make an order for ttf 3-> cosN Lo debtoi's solicitor, exclusive of costs p.u.l out of pocket. In iik Dan. McLknnan.— Mr R. W. Dyer applied for an older of discharge.— In answer to the Deputy Assignee, debtor .said his books weie destroyed in a fire two or three yeais ago, and ho could not now remember the names of his piincipal debtors.— Mr Edgecumbe said the only asset shown in the schedulo was the item £2."i0, book debts. He would therefore apply to have the order of discharge granted conditionally on payment of the costs of bankiuptcy.— Mr Dyer agreed to this, and the order was granted.— Costs of assignee were set down at £4 10s Sd. In hk Joseph FibCHKU, cheesemaker, Pukerinm.— Mr Dyer said he appeared for the debtor. There was no opposition, but he had a telegram from Fischer to say that lie was detained in Auckland through sickness, and he would therefore apply for an adjournment till next sitting of the coiut. — G ranted. In hu Eevjuiin Gam, \nd, settler, Cambridge West. — .Mi Hay applied for an order of discharge. — Mr Edgecumbe said the estate so far had only lealised 30*, not sufficient to meet the ex-penses of bankruptcy. The only other asset was the equity of ledemptiun of ceitain lots, but he did not anticipate they would leali-e much. He applied to have the oidei made conditional on payment of costs. — Ordei granted on that condition. In uk David Bruce.— Mr Hay brought up the deed of composition for 10s in the £ for approval. — Approved.

Fefls Young Again. — " My mother was afflicted a long time with neuralgia and a dull, heavy, inactive condition of the whole sjsti ni, headache, nervous prostration, and was almost helpless No physicians or medicines did her am y good. Three months ago she began to use Dr. boulo's Hop Hitters, with such good efte< t that she seems and frels young again, a'thouch over seventy jears old." — A Lady in R. 1., U. b. A. Look up