MAGISTRATES’ COURTS

Globe, Volume XX, Issue 1628, 9 May 1879, Page 3

MAGISTRATES’ COURTS

CHRISTCHURCH. Feiday, May 9. | Before G. L. Mellish, Esq., R.M.] Deunk and Disoedbely.— An old female inebriate, whose offences dated from 1865, and who had been convicted thirty-five times, was fined 40s. Fbauduihnt Bankruptcy. Richard Bennett was charged with failing to fully and truly discover to the trustee of hi* bankrupt’s estate certain money, to wit £3O, the property of his creditors. Mr J, A. Bamford appeared on behalf of the trustee, and Mr Thomas for the accused. The proceedings were brought under the fraudulent Debtors Act, 1878. Mr B. R. Deacon, of the firm of Williams and Deacon, deposed that he remembered a certain payment of £27 2s 6d, being made to the accused on February 25th, 1879, in connection with a business transaction between Bennett and Steven. Mr Joseph Harrup Hopkins, storekeeper at Woolston, deposed that he attended a meeting of creditors in the bankruptcy of the accused and was elected trustee. [Mr Bamford here produced the “ Gazette” notice.] The witness said he had requested the accused to deliver up all his property. He had not paid over any property or money. Witness asked accused for a|sum of £27 odd received on account of a sale of land. None of that money’|had been paid toj the witness by accused. Accused made a statement that he had paid away a sum of £2 odd, and that was the only portion of the £27 he had accounted for. The minutes produced were those produced at the meeting of the creditors, the accused being present and sworn. The meeting took place on the sth March, 1879. Since that meeting the accused had not given witness my account. By Mr Thomas—Had not received a sum of £l6 10s from Matson and Co. Accused said he had received £27 and no more, from Messrs Williams and Deacon, Accused, at his meeting of creditors, said if time were given him he, would pay £1 per week until all his creditors were paid. It was understood to be a matter for arrangement as to what future proceedings should be adopted if the accused paid £1 per week. The creditors were not consenting parties, and the offer did not bind them to anything. The accused had not paid the £1 per week, but he might have done so, as he was able to get drunk every week since. He was not suffering from the effects of drink at the meeting of creditors. If the accused had paid the £1 per week, witness could not say whether the present prosecution would have been commenced against him. At the meeting accused was quite able to explain his affairs. Witness had, since the meeting, asked the accused to hand over to him all his papers. Witness, in his capacity of trustee, had never summoned either the accused or his wife before him for the purpose of examining him about his affairs before commencing a criminal prosecution. Mr F. de o. Malet, Registrar of the Supreme Court, was sworn, and proved the bankruptcy of the accused. The witness could not speak as to the sobriety of the accused when he filed in declaration or at the meeting of his creditors. The document produced purports to be the minutes of the meeting of creditors held on the sth of March. Gideon Withers being sworn, deposed that he supervised the land and estate business of Messrs H. Matson and co. The accused placed in his hands a certain property for sale. The property was sold for £2OO, and witness handed him the balance of his account, amounting to £3 9s 9d, which accused gave back to him and a further sum of £1 10* 3d in payment of £5, which had been advanced to him. This occurred on the 26th or 27th February. This was the whole of the evidence, and Mr Thomas addressed the Court with the object of showing that a prima Jade case had not been made out against the accused. He also contended that the proceedings were informal, and that no concealment had been made. Further, that the trustee had not complied with the provisions of the Act in not summoning and examing on oath either the bankrupt or his wife as to what had become of the missing sum of money. The Bench held that the evidence was not sufficient to warrant the case being sent to the Supreme Court, and the accused wae accordingly discharged. LYTTELTON. Fbiday, May 9. [Before His Worship the Mayor.] Deunk and Disobdbbut.—A. Mathieson, for being drunk, was fined 10s or forty-eight hours’ imprisonment; and for assaulting W. Radcliffe, a hoarding-house keeper, while so, was sentenced to pay 20s, or undergo four days’ gaol with hard labor. Giving a Tbayellkh in Custody.—J. T. H. Montgomery, of the Lyttelton Hotel, appeared to prosecute W. Ferguson for being illegally upon his premises. The accused entered the place by climbing over the gate, but for the purpose of getting a bed and something to eat. It was at 11,30 on Thursday night. The Bench considered prosecutor was not justified in giving his uninvited guest in charge for so doing, and dismissed the case. Lunacy. —Alexander Heron, for lunacy from drink, was remanded until Monday,