DISTRICT COURT.

Dunstan Times, Issue 544, 20 September 1872, Page 2

DISTRICT COURT.

OMonday, September 16.

(Before Wilson Grey, Esq., Judge.)

In Bankruptcy. Robert Morrison Stewart, application for final discharge. Mr. F. J. Wi's in, s >licitor for bankrupt, m ule I he application The bankrupt was examined at some length by his Honor and the deputy Pro. visional Trns ce, wih reard to an item in his assets, a share in the Mannherikia Ground Sluicing Company, represented by him. It transpired that the share wns in the name of Herbert and Co., by whom the original sum was advanced to purchase it, and that He bert and Co., were included in his list of creditor* for the sum of 42 >f, Mr. Fache applied to th • Bench for an orde ■ to transfer the share to the trustee for the benefit of the c editors, or to strike out the name of Herbert ;nd Co. from the schedule of creditors. His Hon ir sa'd the disposition of th share did not rest with the Bankruptcy Court, ho would suggest an application to Herbert and Co. for a transfer and, failing satisfaction by that course, to test the question of rightful ownership by an appeal to any Court having jurisdiction. The Bankruptcy Court had no power to make orders determining the rights in disputed property. The property of the bankrupt was now vested in the trustee, and to make that good he must pursue his remedy relying in his right of property, proceeding in any Court of competent jurisdiction, b s would be done i.i any other case involving a similar dispute.

His Honor said, the bankrupt having given a plain and straightforward cxplnna’n n of his affairs and there being no opp sing creditors present, he would grant the oriler.

The final order of discharge was accora ngly granted.