SUPREME COURT.

Globe, Volume XXIV, Issue 2508, 21 April 1882, Page 3

SUPREME COURT.

IN CH AMBERS. FRIDAY, A PEIL 21. [Before his Honor Mr Justice Johnston.] Debtobs and Creditors’ Act. BE JOHN BATES. Return to summons of April Ist, Mr Stringer applied for an order of adjudication in bankruptcy. The case stood over for evidence that the debt to the petitioning creditor was duo, Mr Stringer put in an affidavit by the creditor that the debt was not paid. Mr McOonnel, for tho respondent, opposed the application on the ground that there had been no act of bankruptcy. When the execution was put in the debtor could prove that he had goods to the amount of £4O, which, if taken, would have reduced the debt to £3O, an amount below that necessary to enable the debtor to be declared a bankrupt. He submitted that the creditor should bo present to bo examined on the point. His Honor ruled that this was not necessary. Proof of the debt was suffi jiant. Order for adjudication granted. EH JOHN CASTLE, Mr Stringer applied for an order of discharge herein. Granted. BE J. W. MORTON. Mr Bruges applied for an order of discharge. The usual certificate had been filed by the trustee and supported by affidavit. Order granted. EB a, T. OLAEKE. Return to summons of February Ist. The debtor had been called upon to show cause why he should not deliver up possession of a certain tenement at Lyttelton. No cause was shown, a:-:d on the application of Mr G. Harper an order was made to give up possession. EB HBNBY WILLIAMS. The debtor in person applied for an order of ditcharge, which was granted. EB BDWABD QEOEQH. Mr Loughrey obtained an order declaring a deed of composition herein to be completely executed. lIICHENS T HICHENS AND OTHBES Mr Joynt, for the plaintiff, applied for an otder direct' n ’ payment of moneys in Court to several parties entitled thereto after payment of plaint ff’s costs. Mr Harper, for the defendant, applied for an order in a cress action directing taxation of defendant’s costs and payment of same out of moneys now in Court. Both orders we e granted. M. QUINN T J. EODDIOK. Mr G. Harper applied for a rule nisi, calling upon Michael Quinn and J. Beswick, R. M., at Temuka, to show cause why a writ should not issue prohibiting the plaintiff from proceeding further in the plaint against James Roddick,

The application was supported by an affidavit by Mr Hammersley, solicitor for defendant, who objected in the lower Court that the] Magistrate had no jurisdiction in the case involving a question of title. His Honor, after hearing the learned counsel, gianted the rule nisi, to be returnable on the 2ad May. JAB BRUCH V BOBT. MACEAY. Mr G. Harper applied for a rule nisi, calling upon Joseph Beewick, R.M., of Timatu, and the plaintiff to show cause why a writ should not issue to prohibit tho said Resident Magistrate from proceeding further in this case. Tie application was based on the ground that the amount in dispute was beyond tho jurisdiction of the Court. The affidavit of the defendant alleged that credit given in tho particulars of demand for £lO2, and which reduced the plaintiff’s claim to an amount within the jurisdiction of the Oou-t, was not made by him on account, but as payment in full. Mr Harper submitted that credit having been given for payment on account, the Resident Magistrate had opened up tho whole account to the amount of £l3B, and thus gone beyond his jurisdiction. His Honor granted tho rule, which was made returnable on the 2nd Mcy BK JAMBS BLACKWOOD. Mr Garrick applied under the Deeds Registration Act for leave to register copy exemplification of will and codicil instead of original. Leave granted. BE SIB THOS, TAHOBED, DBCHASBD. Mr G. Harper obtained leave to register probate copy of will. BE JOHN T. r*Vi:Y J DECEASED. Mr Gresoon applied for an order for probate to iiaue to Jennings Moffatt and John Jackson. Order granted. BE 8. W. SHIEL, DECEASED. Mr G. Harper obtained aa order for probate to issue to L. Harper and A. BoyD, the executors named in tho will. TUDBALL T INGLE. This was a return to a summons of April 14 h to show cause why the defendant should not be committed under tho Imprisonment for Debt Abolition Act. Mr Joynt applied under tho 6th section of the Act to have the debtor examined. The debt was £97 19s Bd, and it was the amount of an arbitration award. The plaintiff alleged that the defendant was carrying on business ai a butohor, and hud sufficient means to an ble him to pay the debt.

Mr Harper appeared for the defendant, wbo, ha said, was willing to pay the amount by instalmerta. The debtor, examined by Mr Harper, said ho was not able to pay the debt in full. He had no property, and occupied his shop under a twelve months’ lease. The profits of his business came to £2 10s a week. He had a wife and family. He hired a cart, and bought his sheep in the carcases. He could afford to pay about £5 a month off the debt. Ho had been in partnership with the plaintiff. The witness wee orosf-eiomined at length by Mr Joynt ai to the state of his affairs. His Honor ordered that the debtor should pay £2O a month, the first payment to bo made a month from date. MC KBE AND OTHERS V CHAMPION AND OTHKBB, In this case his Honor, on the application of Mr Garrick, made an order for a decree as agreed between the counsel, Mr G. Harper being on the other aide. The Court then adinnrned.