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Dunstan Times, Issue 413, 18 March 1870, Page 2

DISTRICT COURT OF THIS OTAGO GOLDFIELDS SITTING AT CLYDE. IN’ BANKRUPTCY, Monday, March 14. (Before His Honor Mr. Justice Grey,) Final Examination and Discharge. Consider King Milliken.—Mr, Anthony Brough appeared on behalf of the bankrupt. After examining th bankrupt, his Honor granted his final order. JosephEdwar Thompson —Mr. Anthony Brough appeared in support of the application, which was graute I. AdolpLui A'edander Oliver. -Mr.Brough appeared on behdf of the bankrupt. Final • V ter granted. Ai c uiel Crawcour. - Mr. A. Brough for the bankrupt. Mr. Manders, who stated that, be was instructed to appear on behalf of one of the bankrupt’s creditors, projl.ieed a document purporting to be an atfi-iavit in proof of Uebt, which was objected to by Air. Brough, on account of certain informalities. After some discussion as to Air. Mauders’s right to appear, his Honor examined him on oath as to the written authority which be had, and which Mr. Manders stated he had mislaid. The matter was eventually adjourned to Fi nlay, the 2'ith inst, in order to admit of the attendance of the oppo-iog creditors, and also of certain witnesses whose evi .ence was required. CIVIL CASE. Jenkins v. Uillhouse.—Cla ; m for fill for wages, reduced to £IOO to bring ft within the jurisdiction of the Court Mr. Brough appeared on behalf of the plaintiff. Delandaut disputed th" account due, and asserted that he had paid more cash to the plaintiff on account of bis claim than he had been credited with. After hearing the evidence his Honor gave judgmant for the full amount claimed, with t5 professional costs, and co ts of Court Distress to issue forthwith. Mr. Brough stated that he desired, before h ; s Honor left the Court, to remark that an impression appeared to prevail in the district that, when ho (Mr. Brough) appeared in Court and obtained a judgment he was thereby debarred from acting for the defendant in the. event of his requiring to seek the protection of "the' Bankruptcy Court. He desired it to be distinctly un-

derstood that his duty, so far as the plaintiff in any case was concerned, ended when the judgment of the Court was given. Being the only solicitor in the district he was often placed in a delicate position in this respect, and if ho were to refuse to take a declaration of insolvency on the ground that he had previously obtained a judgment against the insolvent, which judgment remained unsatisfied, the only effect would be that debtors Would have to proceed to Dunedin, at considerable cost, and the local creditors would not have the same facility for investigating the debtor’s affairs as th y would have were the estate brought under the jurlsdi tton of the Distrust Court. His Honor remarked, in reply to Mr. Brough, that, as a matter of course, his duty was at an end when judgment was obtained.