SUPREME COURT.

Globe, Volume V, Issue 542, 14 March 1876, Page 3

SUPREME COURT.

SITTINGS IN BANKRUPTCY Monday, March 13. (Before his Honor Mr Justice Johnston.) His Honor held a sitting in bankruptcy at 11 a.m. BE WM, IVEEACH. Mr Hawkins, for Mr Jameson, applied for the final order of discharge. Case adjourned until April 26th. RE JOSEPH CARDER. Mr Bamford applied for the final order of discharge. Mr Joynt appeared on behalf of Dr Rouse, a proof cr'ditor, to oppose. An amended statement of accounts had been filed by the bankrupt with the provisional trustee, but Mr Joynt objected to its reception as it had not been filed within the time fixed by the Act, and the accounts now filed disclosed a totally different state of things to that sworn to by the bankrupt at his last examination. Under these circumstances it was only right that the trustee and himself should have an opportunity of looking into the matter. After further argument between counsel, the case stood over until April 26th. RE ERASER AND BROWN. Mr Joynt applied for the final order of discharge. Mr Cowlishaw appeored for the creditors to oppose. This case had been adjourned to enable the bankrupts to furnish a clear statement of accounts. Mr Joynt now stated that the bankrupts had spent considerable time in endeavouring with Mr Edwin Fowler, the accountant, to make out a statement of accounts, but had failed, and he (Mr Joynt) was not in a position to say that they would be able to do more than they had done. Mr Cowlishaw pointed out that there was a deficiency of £4OO worth of stock, which had not been accounted for, and of which no explanation had been given. He would now call a witness who could give some information as to the bankruptcy. Arthur Waghorn was called by Mr Cowlishaw, but declined to be sworn until bis expenses had been guaranteed. After some time, however, he was persuaded to give his evidence. He deposed to knowing the bankrupts, and that last year, some time before they filed, a box was brought to his place by a man named Elliot and another bullock driver. It was, he thought, about six weeks before the bankrupts filed. Mr Elliott came and took it away. While the box was in his place he saw earrings, table and pocket knives, and linsey dress pieces in it. There was no clothes made up, but there were some tin whistles, two concertinas, and two albums. There was a bundle of dress pieces, some being alpaca and some linseywoolsey. They were in quantity, more than a dress piece. When I saw the box some of the things had been taken out. Brown came when some of the things had been taken out of the box, and he said he would go to Akaroa and give information to the police. By Mr Joynt—l could not say how long the box was at our place before Brown saw it. I think there was one piece each of alpaca and linsey-woolsey in the box. Mr Cowlishaw applied that the Court should adjourn the case sine die. His Honor said he could not see that this course could be pursued. What could be done was either that the bankrupts should be discharged, with or without suspension, or that the case should be adjourned.

Mr Joynt pointed out that the only cases of postponement sine die was were the bankrupt bad left the jurisdiction, and was in contempt. Mr Cowlishaw would then withdraw his motion for adjournment, and ask his Honor to make an order suspending the bankrupts for three years. He would call evidence on this motion.

Edward William Eoper, deposed—l am a member of the firm of Clifford and Roper, and a creditor of the bankrupts. About 15th March, 1874, we had a transaction with bankrupts. Brown asked us to make advances against timber to be shipped to our order. We allowed them to draw on us for £l2O, at three months, on a cargo of 40,000 feet of timber to arrive to our order. Brown said that the reason he came to ns was because they had two mills going and were short of cash, but they would be in a position in a short time to do a large and increasing business, The timber we received in all amounted to £!2O or £l3O, and we had advanced a second sum of £SO by acceptance. In addition to this we had charges to pay which left ns in a debit balance of about £l5O. The last advance of £SO was made in April, and they also applied for a further advance in May, which was declined, as at that time the bankrupts had obtained advances over timber received, to the amount of £l2O. By the accounts we find that they were consigning cargoes of timber to other merchants in Christchurch while we were making advances to them. William Clifford —I am a member of the firm of Clifford and Roper. Brown came to me in March when I had an order for 3000 sleepers. He knew I was getting 2000 elsewhere, and I told him if he liked 1 would give him the remaining 1000 to cut. Ho said he had 400 already cut and could cut the remainder in time. Soon after this he came up and said he was hard up, and that he would have to sell the sleepers he had already cut to some else unless we advanced. I told him that he had no need to do that, as we would advance. The advance was made on account of the sleepers. In May we wrote him as to the sleepers, telling him that the Lucy James would call and remove the sleepers. He then told me that there was about 800 sleepers ready for us, and as I understood him, only waiting for us to remove them. Mr White, to whom we were under contract, received the sleepers from Jonas Pawson, who bought them from the bankrupts. We never received the sleepers. Mr Cowlishaw then addressed the Court in support of the motion for withholding the final order. Mr Joynt having been heard contra, His Honor made an order suspending the discharge of the bankrupt Brown for two years, and that of Fraser for six months. The costs of the opposing creditors were granted out of the estate on application of Mr Cowlishaw. RE CHARLES BROWN. Mr Slater applied for the final order of discharge. After the bankrupt lad been examined, His Honor made the fins 1 order of d isobar re