LORD AUGUSTUS LOFTUS' PRO MISSORY NOTES

Ashburton Guardian, Volume V, Issue 1618, 25 July 1887, Page 2

LORD AUGUSTUS LOFTUS' PRO MISSORY NOTES

In Chambers, m Sydney, Mr Heydcn (instructed by Messrs Nor on, Smith ard Weetgrath), on behalf of Mr J. V, Mills, of the firm of Mills and Pile, auctioneers, made an application under the Absent Defendants Act for tha examination of garnlshees under a writ of foreign attachment-, and for an order for the sale or attachment of certain shares belonging to Lord Augustus Loftus, ex-Governor of New South Walea. There waß no appearance on behalf of the defendant. It appears that m November, 1885, Lord LoftUß gave to Mr Mills three promießory notes, payable at four, five, and alx months, for various amounts, the total being £1684, and that thoßo notes were dirhonored. His Honor Sir George lanes : " The order that I shall make will be under the 9th section — that these ■hares, owned by or m the name of the defendant, 550 In the New South Wales Pyrites Patents Company and 3600 ia tbe Farnoll Pyrites Patents Company, shail be holden from now for the purpose of making satisfaction to the plaintiff m this judgment debt. At the same time, I give you (plaintiff) opportunity tc come In If to advised to make a further application for the sale. 1 think there ought to be a communication to the defendant of what has been dono, and giving him an opportunity of being heard with regard to the matter." Mr Hey don: "I am Instructed, your Honor, that he knows all about this and is a consenting party to it." Hia Honor pointed ont that tha plaintiff had waited far a considerable time, the promissory notes being now more than twelve months overdue, and that Interest had been going on at the same time. Mr Heydon :" I am told that this application 1b In pursuance of an arrangement made with the defendant. I suppose there has been correspondence going on about It V His Honor: "Ism not informed, you see, what the exact arrangement was. If the arrangement was to sell the shares now and allow them to be sacrificed, of course if the defendant were a consenting party to it, it is his own look-out. But lam not so Informed* However, tail has the effect of continuing the attachment, and really it seems to me to be the beat oourae for all parties." Bis Honor allowed ooata of two witnesses, and made oosts of this appllotloo uoita ia the caaae,