SUPREME COURT.

Globe, Volume XXII, Issue 2014, 7 August 1880, Page 4

SUPREME COURT.

SITTINGS IN CHAMBEBS. EaiDAY, A.VQVBX 6. [Before Bis Honor Mr Justice Johnston.] His Honor sat in the Court Chambers at 11 a.m. BE J. 8. SMITH, DECEASED. His Honor, on the application of Mr Harper, made an order granting leave to register offiaa copy of <x«cnplificition of will. BE G T. CLABKE. The bank* upt iu this case did not appear to surrender, us ordered. BE H. H. DE BOUBBBE. Mr Garrick applied herein for the discharge of the debtor and payment of casts. His Honor made the order aB prayed. DISCHARGES. His Honor male orders of discharge in the following oaseo: —John Mason, John Barley, David Bow.-tt, W. Henry Bennett, F. L. Gibson, and B Edwards. BE JAMSa HAY, DECEASED. On the aip'ication of Mr Ootterill, administration was granted to James Hay, as oxeoutor. EANTIN T BDBLMAN. In this case his Honor had made an order giving possession to the lessor, unless the rent And costs be paid. Mr Joynt now applied for aa order directing the sheriff to Rive possession to the lessor. The order of the Oourt as to payment had not been obeyed. Order as prayed. BE SHBPPABD, DECEASED. _ Mr Joynt applied for on order giving administration of the exemplification of the will of the deceased to James MoOonnel, as attorney for the foreign executors. His Honor made the order as prayed. BB BABAH GENET, DECEASED. On the application of Mr Stringer, his Honor renewed an order made herein for probate. CHABLTTSWOBTH V HABT. In this case Mr Slater applied that the receiver in the estate of Oharlesworth be authorised, by order of the Court, to sue in the name of Michael Hart' for the sum of £2700, due by "William Wilson to the estate. Application had been made to remove the defendant from the trusteeship, and power was now sought for the reoeiver to prooeed trith this aotion in the name of the defendant. . His Honor made the order as prayed, indemnifying the reoeiver for the costs incurred. BE J4HE3 BLAIB, DECEASED. Mr Cotterill applied for probate to William Strange and Sydney Joseph Simpson as exeoutors named. IN BE ESTATE OF W. CHABLESWOETH, DECEASED. Mr Slater applied herein for power to the reoeiver to pay certain debts. His Honor said that until the matter pending between the infants and the trustee was oettled he could not think of making an order for payment without the trustee appeared. The caße stood over for consultation of authorities. BE BOBEBT BBYANT. Mr Slater applied herein for probate to the widow of deceased, quoting cases to show that witnesses to a will need not sign in presence of eaoh other.

His Honor made the order. BB C. V. BAEKES. Mr Holm?s moved for the confirmation of the resolution of the first meeting of the creditors., which was carried unanimously therein, whereby the offer of the bankrupt to pay Is in the £ be accepted in full disoharge of his debts and costs. His Honor asked whether notice had been given of this to the persons not present at the meeting. Mr Holmes said that he had not been able to find anything in the rules rendering it necessary to give notice. A deed would have to be drawn, and upon the motion for its confirmation an opportunity would be afforded to anyone who desired to oppose it. Mr Garriok and Mr Joynt intimated their intention of opposing in the case. Mr Garrick pointed out that the resolution mode it appear that the oosts, charges, &0., were included in the Is in the £, hence the creditors would have really nothing at all. _ Mr Holmes pointed out the composition -was meant to inolude the costs, and the .Is was for the oreditors. His Honor said the section of the Bankruptcy Act gave the Court power to grant the order confirming the resolution, and the argument oould be t ken on the motion for confirmation of the deed of arrangement. Order as prayed. BB MABY JBHKIHB, DECEASED. ■ Mr Bamford applied for letters of administration herein to David Jenkins. His Honor made the order. BB ELIZABETH TOIIXTSfSCW, DECEASED. Mr Bamford applied for probate herein to the executors named. ' His Honor made the order. BB SYDNEY DOWDING, DECEASED. Mr Bruges applied for letters of administration to Mary Ann Dowding, as widow of deceased. His Honor made the order. BB FAIBICK lATTBIB, DEOBABBD. Mr Bruges applied for probate herein to E. S. Laurie, tho widow of deceased. BB HABY BUTLHB. On the amplication of Mr Holmes, His Honor made an order of disoharge herein. BB patbick anraPHY. In this case, on the application of Mr Holmes, a emilar order was made. BTTJDHOIStB Y BHODES. Mr Garrick appeared to ask for an order directing payment of £38,553 into Court in this cause. Mr Harper appeared to consent. His Honor made the order as prayed. ABHTOK V OBTJUB. By consent, an order was made including certain parties to the proceedings parties to the decree. BB A. SIHFSOK. Mr M. Henderson appeared to ask for an order declaring the election of Messrs Brown and King as trustees in the estate of A. Simpson null and void, on the ground that he had been duly elected as trustee, an amendment to that effect being carried by eleven to five, eight proxies tendered by Henderson being refused by the chairman of the meeting. Mr Garrick appeared to oppose, and filed affidavits in reply to that of Henderson. He should object to Mr Henderson being heard at all, as he was not a creditor, and had not any locus standi. His Honor asked Mr Henderson what ground he Lad to come there at all. He was only a proxy, and no creditor could appear there as a proxy. Mr Henderson said he appeared there as the legally elected trustee. His Honor said that he was not so. He was only there as a proxy. Mr Henderson said he was there in connection with two other creditors, who said that he was duly elected as trustee. His Honor said that the applicant hod no locus standi. An affidavit by Mr Browne was read, stating that the proxies presented by the applicant wore not authenticated in any way, and that therefore the chairman declined to receive the same. Creditors to the value of £ISOO and over voted for the appointment of Messrs King and Browne as trustees. Mr Garrick, for the trustees, submitted that there was nothing before the Court. So far as he could see tho proceedings ha't been brought under 4th section of the Aot, whioh really was providing for removal of a trustee lor misconduct. The applicant represented creditors to the amount of £ls, whereas the voting for the present trustees was represented by creditors to the value of £ISOO. The Aot provided that proxies must bo authenticated to the satisfaction of the chairman, who was practically master of the situation. Mr Henderson pointed out that the chairman had accepted his proxies, prior to the resolution being passed, bcoause the names of the creditors he represented appeared on tho minutes. His Honor said that it was true that the names did appear in the minutes. Mr Garriok said that it might be perfectly true that the persons were so represented, but it might be also that when a vote was taken, and the proxies called for, those held by Mr Henderson, the chairman, might object to them as not being authorised. He would wish to point out that proofs of debt might be good enough, but that the proxies were not authenticated in accordance with the Act. His Honor said that the law appeared to give to a large number of what might be called trumpery claims the power to swamp the more substantial creditors, though few in number. What appeared to him to be the state of the case was whether the chairman was right in refusing to receive the proxies, Mr Garrick said that the present applicant d no loeut standi, and further the chairman

of the meeting under the Aofc had power to refuse to receive the proxies, and thu refusal was not subject to review. Hia Honor said he should role that Mr Henderson hod no locus standi as a proxy in the Court. If the creditors had come to the Oourt themselves they would have a position. Mr Honderson said he represented creditors to the amount of £136 and £36, and came there as the eleoted trustee.

His Honor said that the applicant had no standing at all thore. He might have a very good oase, but he had no right there. Mr Henderson said he had brought the case before the Court as a matter of prinoiple. Mr Garriok'applied for costs as against the applicant. ... , His Honor made an ordor dismissing the application, with costs. HODINOTT V. BABBETT. Mr Joynt, for the defendant, applied herein for an order directing interrogatories to be answered by tho plaintiff. Mr McOonnel, for plaintiff, appeared to oppose, on the ground that it meant delay. His Honor made an order directing interrogatories to be issued within ten days, defendant to plead within forty-eight hours of the return of interrogatories. WIISON V. DBAPEB, CHABTEBS AND CO. In this oase Mr Holmes applied for an order directing ihe defendant to discover what had been done with certain documents. Mr MoOonnel appeared to oppose, and the matter stood over. BE DAVID THOW. Mr Holmes applied for the discharge of the bankrupt. Mr O'Noill appeared to oppose, on the ground that the bankrupt had disposed of certain property to the detriment of the creditors. The bankrupt was examined by Mr O'Neill with a view to show that the bankrupt had sold certain horses belonging to one Fowler, but stated that he had expended more money on these horses than they fetohed by auction. Mr Holmes did not ask any questions. His Honor made the order of discharge.