SUPREME COURT.

Evening Star, Volume IX, Issue 2661, 28 August 1871, Page 2

SUPREME COURT.

IN BANKRUPTCY. Tina Day. (Before Mr Justice Chapman.) I'INAL ORDBRH. Final orders of discharge were granted in the following oases Joseph R. Mills, J»s.

M'Kenae, John Weir, George Lum\ and Thomas Brcnchley. The cases of John Algio and Joseph W. Heapes were aljourned to September 11. ADJUDICATIONS. Edmund Reovt's, Arthur A. Smith, John M'Cabe, andJG. Brown were adjncged|bankrupts ; and first meetings of creditors fixed for the sth prox. The meeting of creditors in Smith’s estate to be held at Camara, MISCELLANEOUS. Be Charles Goldammer. —The examination of Witnesses heroin, was at his Honor's suggestion, postponed till after Reichelt’s trial. Re Margaret Patterson.— Mr Turtoa, on behalf of Mr Bathgate, applied for an order directing the bailiff in possession of bankrupt’s premises to vacate, which was granted. Re Driver and M'Lean.— On the motion of Mr Turton, the 11th prox. was fixed for the bankrupts’ last examination. A similar order was made in John Maclean’s case, on the motion of M r Barton. Re J. Heydvilbaner. —Examination of witnesses. Mr Calomore for the trustee. Mathew Wm, Hawkins was examined. Ho stated that he held possession of the bankrupt’s books because he had alien upon them for professional services rendered. He had been applied to for the books by Mr Fritehard, the trustee, and by Mr Catamorc, his solicitor, and had refused to give them up except en payment of Ids charges. His claim against the estate amounted to L 62 ss. The last it«m of bis account bad only rcfcrci c to two of the books claimed—the day-book and the stock-book. His charge was 10 guineas fur attending snd making up t'-iose books. He would explain the item ; he was to have attended on the Saturday to have made up the books, but the bankrupt was confined to his bed on that day. He had, in consequence |‘o attend on the Sunday, as the following day was the last on which the statement of accounts could be filed. He was engaged from It) in the morning to 9 at night on the work ; and if Williams stated that he was only so engaged for five hours, he would contradict him. (The witness here explained some money transactions, from which it was understood that if the trustee debited him with an order that had been paid, his claim against the estate would only bo L 3!).) The whole c f his charges were, in his opinion, fair charges for an accountant to make, and the charges themselves were fair and reasonable. " Drawing np agreement, engrossing, and attesting sams,” was an accountants agent’s charge ; as was "attending and advising.” Mr Catomore could call them solicitor’s charges if he liked, bnt he (Mr Hawkins) would certainly call them accountants’ charges. He obtained possession of the stock and day-book on the 23rd, the day after bankrupt filed his declaration of insolvency. Mr Catomore asked for an order directing the books to be given up to the trustee, and that the accounts should be referred to the registrar for taxation, when he would be pre- , pared to show the charges were exorbitant, Mr Har- i, who appeared for Mr Hawkins, said he was not aware when the matter was mentioned to him, that any of the books of his client bad come into his possession after 1 the bankrupt’s declaration of insolvency. Had it be-n otherwise, he would have been prepared te contend that the law was in his client’s favor. All the creditors, save the trustee himself, had signed a release to th* bankrupt, and the trustee held back because Williams would not agree to give a larger . dividend to him than to the other creditors, and that pressure had been brought to bear on Mr Hawkins.

Mr Catomobe denied that there was any foundation for the statement. Mr Uarris asserted that it was the fact. His HoifOß said that ?the order would simply bo for Mr Hawkins to give up the two books he had received after the bankrupt filed his declaration of insolvency, they undoubtedly being the property of the trustee. As the trustee had only partly succeeded he would not as requested order Mr Hawkins to pay costs. Bach side to pay its own costs.