AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 604, 28 April 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, April 25. Before Justin Aylmeb, Esq., B.M. CATTLE TRESPASS. T. Gr&nge and W. Parsons for having cattle astray were each fined 5s and costs 7s. CIVIL CASES. J. J. Kissel v. W. Kearney. The rehearing of the case then took place. Mr Henning, on behalf of defendant, pleaded:—That the bankruptcy proceedings had been perfectly regular. That the liquidation of the estate was still being proceeded with, the trustee having realised certain portions of it. That the bankrupt was little interested in the manner in which the estate was liquidated. That the bankruut was not obliged to take any steps to procure his discharge for a period of three years from the time of filing, and on the expiration of that period he was entitled. ipse facto, on application, to an order of discharge That the duties of a bankrupt might be spoken 6t as of a negative character, thooe of a trustee of on active character. That if the estate was suffering through a negligent and Apathetic trustee, it was the duty of the creditors (whose servant the trustee was) either to urge him on to greater activity or to appoint another one in his place. That a bankrupt, on filing his four days statement, as required by sec. 27 of "' The Debtors and Creditors Act. 187G," and providing that other proceedings have been regular (such as Gazette notices, where required), has nothing to fear from suits by creditors.

After hearing argument for the plaintiff to the same effect as that formerly reported, the Bench reserved judgment. The Court then adjourned.

Thursday, April 28, 1882,

Before Justin AylMer, Esq., R.M.

LARCENY

Thomas Whelch arid Alexander Graham were charged with the larceny of a watch, value £5.

The prosecutor, Alfred Farrell, baker at Cr.nip'' ell Brown's bakery, stated he was in company with Whelch at WagstafFs Hotel on the 26 ih inst., played several games at cards and had three drinks. Mrs Chamberlain, the landlady, r:!;! them it was time In close liiH house, and Whololi then tried to drag prosecutor out. He felt drowsy and asked to be left alono for a few minutes, but he dragged him out in spite of this, and they had a scuffle at the doer and fell down outside. After setting his sponge that night he missed his watch and went to look for it following morr.ing, but found no trace of it. He then gave information to the police.

The accused were remanded for eight days, on the application of the police for the production of inrlher evidence, lail beingallowed, each of the accused for £20 each and two sureties of £120 each.

The Court then adjourned.