DISTRICT COURT.

Grey River Argus, Volume VII, Issue 518, 13 May 1869, Page 3

DISTRICT COURT.

Tuesday, May 11. (Before His Honor Judge Clarke.) A sitting of the District Court was held at the Resident Magistrate's Court-house this day, in order to dispose of a number of bankiuptcy cases. HENRY MARKS. Mr Perkins made an application for this insolvent's final .discharge. The bankrupt surrendered, and, in answer to the Judge, said his liabilities were over £600, and hia assets £523. The debts were contracted, within a period of five years, in Otago, Westport, and Hokitika ; but the assets could not be' realised, as they were amounts due to him by diggers scattored over the colony. He kept books up to a year ago, when they were lost in the schooner Louisa. As there was no opposition, and none of the creditors had proved on the estate, the final order of discharge was granted. JOHN DOWLINQ. Mr Perkins made a similar application in this case, which was in much the same position as the last— a large amount of asset 3 being stated ?n the schedule which could not be realised. There was no opposition, and the final order was granted. ALEXANDER MCNEIL. Mr Perkins applied for this bankrupt's discharge ; but as he was not present to surrender, as ordered by the Court, the case was adjourned until the next sitting. JAMES lAING. Mr Perkins appeared.for this insolvent, who surrendered, and was examined. It appeared that he had only pne creditor, and that his insolvency had been caused by the absconding of Mr James Davies, to whom he sold out his stock and book debts, and took bills for the amount ; but before they came to maturity Mr Davies had disappeared, and the insolvent was pushed upon the bills. The final order was granted, as there was no opposition. HENRY "WILLIAM PHILIPS. In this case proceedings had been removed froni Hokitika for the convenience of taking evidence here. Mr Perkins appeared for the trustee and for Mr W. H. Revell, R.M., a creditor for the costs incurred in defending an action for false imprisonment, brought by the insolvent before the Court in Nelson, and which was dismissed. Mr Perkins said he intended to call witnesses to endeavor to prove that money properly belonging to the estate remained in the hands of persons who, some monthsa^o, came forward as bail for the insolvent's wife when she was committed for trial on a charge of perjury. He called - - Peter Purcell, who said : lam a draper in Greynu.uth, and knew Mary Philips, wife of Henry William Philips. .1 was one of her sureties when she was bound over to keep the peace in March last. The amount was £10, which was deposited with me by H. W. Philips. I hold that amount still. Mr Perkins put in the insolvent's schedule, to show that this £10 was not entered in it as an asset. John Bradley, a dairyman : I went bail for Mary Philips, in February last, for i|so. No money was lodged with me. I did not want to go bail for her. I did so at the request of Mr Guinness, solicitor. He said it was all right, and he would be responsible for the money. Philips took me into Mr Guinness's office for me to go bail. I did not hear the conversation, Money was paid by Philips to Guinness ; but Ido not know the amount. I understood that £50 was placed in Mr Guinness's hands for me to go bail. If Mrs Philips did not appear at Hokitika Mr Guinness was to give me .£SO. I got an 1.0.T7. on Mr Guinness for the £50. This morning, since I got my subpoena, I gave the 1.0. U. to Mr Guinness's clerk. I gave it up because I had no further right to it, as Mrs PhUips had appeared at the Court at Hokitika. I telegraphed to Mr Guinness, at Hokitika, for instructions, and in consequence of his answer I handed it over to his clerk here. Mr Perkins asked for an adjournment, in order that the 1.0. U. might be produced. The Judge would certainly not object. It was gross contempt of Court for the witness to hand over a document after he had been summoned to produce it. The witness would remain in custody, and a summons issued for Mr Warner, Mr Guinness's clerk ; meantime an order would be made for Mr Purcell to hand over the ,£lO held by him to the trustee. After a short adjournment, John Warner, clerk to Mr Guinness, came into Court, and said : John Bradley gave me the document now produced this moraing. (It was an acknowledgment from Mr Guinness of the deposit in his bands of £50, to be paid by him to Bradley in the event of his being called upon to pay that amount to the Crown, owing to the default of Mrs Philips in not answering the charge brought against her for perjury.) I aqked him for the document in consequence of a telegram I received from Mr Guinness. He gave it up without speaking. By the Judge : He did not tell me he was summoned here as a witness, and I was not aware of the fact. Mr Perkins asked an order to be made upon Mr Guinness to hand the money over to the trustee, The Judge woiild make an order for the letter to be impounded, and for Mr Guinness to show cause why he should not hand over the money : to be heard before the Clerk of the Court. Mr Kenrick, Provisional Trustee, requested the Court to express an opinion on this ense^ because is was not the first of the kind which had occurred, and the parties evidently did not know the risk they ran in acting in this manner. The Judge said that in the next case of the kind which came before him he would send- persons who concealed moneys from the trustee to gaol for three months. This concluded the business, and the Court adjourned sine die.