SUPREME COURT.—In Banco.

Auckland Star, Volume I, Issue 112, 19 May 1870, Page 2

SUPREME COURT.—In Banco.

FSibir, MAY 19. (Before Sir G. A. .Arney, Knight, Chief Justice). .'■ ,;. His Honor, took his seat on the bench at 11 o'clock, and disposed of the following business : — BE S. M. GKEEN-AND BLACK. Mr. MacCormick for the trustee in Black s estate; Mr. Hesketh for the trustee in Green's estate; Mr. Lascelles for the creditors. ~. His Honor said this case was placed tirst on the list" for hearing. He observed that, there were no less than twenty-three cases set down for hearing. The Court would be reluctant to keep bankrupts' counsel and solitors waiting until the disposal of this case,, which would last a very long time. Ho assumed the case was opposed, and was of a nature that would involve some little difficulty. Moreover, it had been the practice of the Court hitherto to take unopposed cases first, and that being so, he would, if it were agreeable to learned counsel engaged, fix tomorrow at 2 o'clock for the hearing. _ Mr. Lascelles and Mr. MacCormick consented. Mr. Hesketh hoped his Honor would fix even an earlier hour. The case had been a long time the subject of adjudication, and he would like to see it formally disposed of. His Honor said he would sit in chambers at ten o'clock next morning, when the subject might be mentioned, and an earlier hour fixed if possible. BE FBEDK. WHITLOCK. The bankrupt had come up for his last examination a fortnight ago, and .was examined. But the declaration and the issue of the final order was postponed until the arrival of a steamer from Melbourne, so that it might be known whether any of them appeared to oppose, the requisite no tines having been given. Mr. MacCormick said that a steamer had arrived from Melbourne and no notice was received as to the intention of any creditor to oppose. The bankruptgpeceived his final order and ■was discharged. BE HEXEY HAASE. Mr. Hesketh, on bebalf of the bankrupt, asked for an adjournment, of this case for a fortnight, in order to allow sufficient time to send notices to creditors residing in Sydney. Application granted. BE A. H. JAKIN3. Mr. Brock appeared for the bankrupt. The bankrupt came up for his last examination. The liabilities were £980, principally money borrowed. The assets were a farm at Mahurangi mortgaged to Mr. D. Nathan, and a house in Wellington street mortgaged to Mr. Aitkin for £150. The money was borrowed to enable the petitioner to go into business at Shortland. Certain land at Mangapai, a number of mining shares now worthless, and book debts also of no value, were set down as assets. There was no opposition to the bankrupt, and the Court declared he had passed his last examination, and issued the final order. Discharged accordingly. BE BOBT. HAGAN. The liabilities in this case were £286 16s. 9d., and tne assets £255. Wo creditor had proved. Mr. Eees appeared for the bankrupt, who was unopposed, and the Court granted the final order.

His Honor in granting the order for the discharge of the bankrupt said it might appear strange the facility with which bankrupts came up and passed through the Court. That was to be accounted for by the collapse of all kinds of interests, in consequence of which persons trading to very small amounts were involved in liabilities which they could not meet. But when no creditors appeared to oppose, and everything was done regularly according to the Act, the right of the persons asking for relief could not be withheld. BE EDMUND STEEKS. When this case was called, as the bankrupt was going into the box, Mi 1. Bees said : I appear to oppose in this case. Mr. Weston : I appear for the bankrupt. No creditor has proved. That being so, I would ask that the bankrupt be examined. Mr. Rees : Your Honor, I am instructed to oppose ihe discharge of the bankrupt on behalf of a creditor for a very large amount, namely, over £1100. The creditor is a corporation, the Bank of New Zealand. lam instructed by the Bank solicitors, Messrs. Whitaker and Russell. Mr. Weston : But the requisite notices have been given. His Honor : But where a bankrupt may have clone something which may alarm the conscience of the Court, and a creditor informs the Court ? The creditors were in Court. Mr. Kees: I have an affidavit here which I will read. His Honor.: Is it filed ? Mr. Kees:*l shall be prepared to file it to day. His Honor : It should have been filed. Mr. Weston : I object to the affidavit being read. It does not state what the bankrupt is' when the debts were contracted. It does not give any account of the transactions. Itis Honor : I must say it is irregular to step in at the moment the debtor is stepping into the box and hand in an affidavit which, has not been filed. No creditor has pi-oved. Mr. Rees : I have proved. His Honor : At this moment the question is whether a creditor has proved at the moment the bankrupt is called. I will not discharge a bankrupt, however, when I am informed of the opposition of a creditor, although I am greatly opposed to their coming- in at the eleventh hour, when a large amount of business is before the Court. I will take the case, perhaps, at a later period of the day. Mr. Rees: The bankrupt himself admits that the Bank is a creditor for £1000. EE CHAKLES HEEBEHTE, EICHABD BOBEBTSj JOHN HOWE. These bankrupts were comedians, lessees of the Academy of Music, Shortland. Liabilities £192 ; deficiency, £122. Bankruptcy was attributed to failure of mining speculations. The bankrupts passed their last examination, but the final order was not asked for, in order to complete pome informality.