SUPREME COURT.—BANKRUPTCY.

Auckland Star, Volume I, Issue 268, 18 November 1870, Page 2

SUPREME COURT.—BANKRUPTCY.

FBIDAY, NOVEMBER 18

[Before His Honor Sir G-eovge Arney, Knight, Chief Justice.J

His Honok sat in banco this morning.

Mohi Mangakawia v. Ceaig.—Bdle foe Attachment.—Mr. MaeCormick for the plaintiff. Mr. Hesketh for the defendant.— A rule nisi for an attachment had been obtained by Mr. Hesketh, on the part of the defendant, to attach the body of the plain 1 iff for contempt of Court. The contempt, consisted of the seizure of some logs of timber by the plaintiff, the property in this timber having, as was alleged, become vested in the provisional trustee in bankruptcy. The ras^ exhibits a new phase of the lone-disputed claim of iVTessrs. Thomas Crate, Harris, and Laurie's bankrupt estate and the native owner of the land, who is the plaintiff in the action. —It appeared that a person num. d J h" Macf'trlane, manager for Oral.?, but- subsequently authorised by thetrustee in bankrup cy p oceeded to take possession of the logs us an asset of the estate. He was opposed by Mohi and C. A. Harris, who were described as partners. MoM claims the title on the soil first by Maori usage and secured by crosvn grant, issued to him and others (jointly). He alleged that Craig owed him ±800 for timber cut; that .reading in the newspapers that Grain had become bankrupt, he refused to let him have the timber, as Craig being bankrupt could not pay for it. An attempt., he sain, was mado to take forcible possession of the logs by Macfarlane, which Mohi resisted: pike head and a revolver was used. Mohi in his affidavit denied that he hud committed any contempt, he said he would obey" the smallest scrap" of paper from the Judge, but. would not recognise the authority of the Provisional Trustee. Mt. MacCormick appeared to show cause against the rule, and read the affidavits-of My.hi, of Mau/ariane,' M. SmullfieM, C. A. Harris, jun. } and others. [Left sitting.J