SUPREME COURT.

Evening Star, Issue 3893, 16 August 1875, Page 2

SUPREME COURT.

IN BANKRUPTCY.

Monday, August 16. (Before his Honor Mr Justice Williams.)

Transfer of Proceedings.—Mr Mouat’s application for transfer of proceedings to the District Court at Tokomairiro, in the matter of James Carmichael, was granted. Execution of Deed. —On the application of Mr btout, n complete execution, of deed war made in the matter of Robert Mercer. Final Orders,— A final order of disehaige was granted to James Graham.—Re Thomas Hobson. Mr Stout supported this application, and Mr Holmes, on behalf of the Provisional Trustee, opposed, and pointed out that, although the first meeting of creditors was held in December last year, bankrupt allowed six months t» elapse before he applied to pass his final examination. The Trustee had sent in a very damaging report, and he (Mr Holmes) contended that bankrupt had clearly shown by the lapse of time that he wished to evade the bankruptcy laws.—Mr Stout : I don’t know whether my learned friend has filed his proof of debt or not, otherwise he has no status.— Mr Holmes was only speaking as amicus curia and opposed on behalf of the Trustee.-Mr Stout: Then I submit you will not set aside the order of the Oouit already made, a day having been appointed for the final examination.—Bankrupt was then examined, after which Mr Holmes submitted that bankrupt’s having given very evasive answers as to what hehad done with the cash received was sufficient to create very strong suspicions, and his certificate should accordingly be suspended.—His Honor said that there were some grounds of suspicion attaching to bankrupt’s actions, while no accounts had been kept by him. The business which he had carried on (that of a tailor) was of such an extent and character that it was incumbent on him that he should keep books, so that when he came before the Court for examination something could be shown as to how far his transactions were honest and straightforward or the contrary. A sub-section of the Act said that if a tradesman kept imperfect books and accounts, or kept no accounts, he was liable to bo punished. The only way one could judge of another’s actions or the nature of his business was by his aecounis, and these not having been placed before the trustee and creditors ho (his Honor) did not think he should be right in granting an immediate order of discharge.—The order of discharge was suspended for six months.

IN BANCO. In n Hebbkkt and the Waste Lands Board.— This was an application to have the injunction in the matter of, the Horiot Hundred set aside, Messrs Barton, Smith, and Stout appeared for the Board; Messrs Cook, Haggitt, and Macassey'showing cause. Mr Barton moved that the injunction be set aside on several grounds, inter alia .—That the plaintiff has shown no equity, and is therefore not entitled to bring or maintain this action. That the proclamations and acts complained of as having been done and threatened to be done by the defendants, are acts {of State and government, and the Supreme Court of New Zealand has no jurisdiction to restrain the defendants by injunction from performing such acts of State and government. That it does not appear from the declaration or * from the affidavits of the plaintiff in this action that he has suffered or is likely to suffer any personal injury or wrong from auy of the acts which he has alleged the defendants have done or are about to do. That the declaration in this action discloses no right on the part of the plaintiff to sue the defendants. That the said Waste Lands Board of Otago is a Court of Justice, and no writ of injunction can be issued out of the Supreme Court of New Zealand to restrain the said Waste Lands Board or its Chief Commissioner, or its members, and that no such action as the present can be brought by them. That no affidavit has been filed by the plaintiff showing any urgency for granting the said injunction expark, as required'by rule 450 of the Imperial rules of practice and procedure of the Supreme Court of New Zealand. Ihe matter was still under argument when we wont to press.