SUPREME COURT.

Evening Star, Volume VII, Issue 1935, 19 July 1869, Page 3

SUPREME COURT.

IN BANKRUPTCY.

This Day.

(Before His Honor Mr Justice Ward.) Re William Wyber.—Mr Macassey moved that the deed of arrangement made by the bankrupt be declared an act of bankruptcy. The grounds upon which the motion was made were thesel. The bankrupt’s property was retained by him. 2. Nothing had been done under the deed ; no one of the creditors had assented to it, neither had anyone been asked to assent to it. 3. The creditors, whom he (Mr Macassey) represented, were due L 275 14s lOd, out of a total liability of L 446 4s 8d ; and a majority of creditors had expressed the r unalterable intention not to assent to the deed, 4- the debtor had filed a false schedule of book debts. In the schedule the book debts were estimated at LOO ; and an affidavit had been filed, showing that the debtm when asked the day before he hied his schedule as to the amount of his bookdebts, told a creditor that they amounted to L4OO. Five or ten days before he made the deed, the debtor bought six head of cattle on credit, and afterwards sold them by auction, in order to obtain money to biing bun into town to file the deed. If anything else were wanted to show that the deed had been made with a fraudulent intent, be (Mr Ma cassey) would point out that the debtor s property was to be sold on Thursday next; and ho was about to abscond. The Judge granted a rule nisi, as applied for ; and an order staying the auctioneer from proceeding with the sale ; the rule to be made v. turnable on Monday next. lie A. li. Swan. —Mr M'Kcay, on behalf of Mr Haggitt, applied that the petitioner might be adjudged a bankrupt. The application was granted, and the meeting of creditors fixed for the 27th hist. lie Stephen 11 lonian.—On the {application of Mr Stewart, the bankrupt’s final discharge was granted. i?e James Thomson.—This was an application for final examination apd discharge ; but as no final statement of accounts bad been lodged, the ease was adjourned f>u a W ek. The bankrupt was examined by Mr acassey. Be Robert Margrie.— Mr Stewart, on behalf of Mr Harris, applied that the appointment of Mr Bathgate as trustee herein might be confirmed, and a day fixed for the bankrupt’s final examination. Hie application was granted, and the 2nd prox. fixed for the last examination. Re James Dennett.—Mr Stewart made a similar application herein, which w r as granted. Re William Straehan. —This was an application for last examination and discharge. In answer to the Judge, the bankrupt said that he was a lawyer’s clerk, and was in receipt of a weekly salary of 1.2 l()s ; besides he was paid for overwork. II is Honor remarked, with such a salary the bankrupt was not justified in inclining a debt of L2 10s to livery stable keepers for hire <*f horses, and that fact was sufficient to entitle him (the judge) to make a slight suspension of the order of discharge. The trustee’s report was not satisfactory ; but as there was no opposition, he would grant the usual order. Re Robert Heauy.—This was an application for final examination and discharge. As the final statement of accounts had not been filed, the case was postponed for a week. The Court then adjourned.