SUPREME COURT.

Evening Star, Volume IX, Issue 2595, 12 June 1871, Page 2

SUPREME COURT.

IN BANKRUPTCY. This Day, (Before his Hono. Mr Justice Chapman.) His H- nor took his seat on the bench at ten o’clock. In the cases of John M‘Solvin, Richard Evans, Duncan Young, and John A. Smith, the 2nd prox, was appointed for the bankrupts’ last examination. In the cases of John Cieverly and Edward Hudson, the 3rd was appointed for a similar purpose, subject to adjournment, if required ; and in the lastmentioned matter, the choice of Mr Taylor, of Oamaru, as trustee was confirmed. Re Frank .Mansfield —Mr Macassey made an ex parte application for an order for the sale and disposition of goods under the 145 th section. This matter came before the Court on the 30th of March last, when the bankrupt, Mr Chaplin, and Mr Smith were examined. It then appeared that Mansfield’s declaration of insolvency was tiled on February 17, and, according to the evidence, the only public announcement of Chaplin having taken possession of Mansfield’s property was by advertisement on February 18, although actual possession was taken some days before. Mansfield himself v, as not aware of that fact until the afternoon of tilt i-7th. There was a good deal of evidence to go to the jury in an aotiqn for trover to show that possession was taken by Chaplin after an act of bankruptcy was committed. Chaplin took posse si-n under a bill of sale, and the point to be decided was whether or not he wass too late. . His Honor observed that it had occurred tp him once or twice that when a declaration of was filed, the officer of the Court taking jit ahouief note the hour. Sometiroes ijt niigtyt be a Wajtjf'r of impertapee ; it might have beep of grga£ 'importance in the case of the Provincial Hotel. It was done in Victoria. The application would be granted, subject to the risk that possession was taken before the declaration of insolvency was filed. Re Wiliam Woodland. —The deed of arrangement 'between' the bankrupt and his creditors, was declared to be completely executed, Re John Wood, The bankrupt examined by Mr Haggitt, who appeared on behalf of Mr De Costa, a judgment creditor, stated a short time before his insolvency, he sold a quantity of household furniture to Mr Kennedy of Jetty st oet, for L4l; be did so, being in want of money to enable himself and family to live. He denied that he had ever stated that his furniture was worth L2OO. Mr Haggitt objected to the granting of the discharge, on the ground that the b. ukiupt had improperly disposed of bis furniture. Hia Honor said the trustees report showed that tin? bankrupt was in business in Balclutha in 18155, having retired with a capital of LIOOO, He then purchased tipi Jrrjgaiatine Lismore for LI4UO. mortgaging the vessel as security for LSOO. The vessel was ultimately sold at a loss of L7OO. There were assets, consisting of old debts, amounting L 531, which, were valueless ; the remainder of the assets consisted of a disputed claim against the judgment creditor. The insolvent appeared to have been unfortunate ever since he left Balclutha, He (the learned Judge) did not think that the mere disposition of a small quantity of furniture to keep his family' from stars ing brought the bankrupt within suh-section 2 of section 145. Final discharge granted. ADJUDICATIONS. Thus. Persons and J. W. Heaps were adjudged bapkrgpts; and meeting of creditors were fixed for the ‘il’st »n«t. FINAL DISCHARGES. There being no opposition in the cases of John Webb and Wm, Birmingham, the usual orders of discharge wese granted.