Wednesday, October 5.

Grey River Argus, Volume IX, Issue 736, 6 October 1870, Page 2

Wednesday, October 5.

Joseph Graham. — Iv this estate an application was made by Mr Guinness, for examination of certain persons, under the 145 th clause of the Bankruptcy Act, which provides "that if any person, being insolvent, conveys, assigns, transfers, or pays to any of his creditors, or to any other person (except ou the marriage of any of his children, or for some valuable consideration,) any real or personal property, land, negotiable instrument, or money, and is afterwards adjudged bankrupt, the Court may order the same to be sold, disposed of; 'or applied for the benefit of the creditors, under the bankruptcy." An application was also made by Mr Newton, cv behalf of the trustee, for an order to sell and dispose of certain moneys paid by the bankrupt to Gr. F. 'Maxwell, on or about the 4th of July last, on the ground that such payment was a fraudulent preference. — Richard Nancarrow said : On the 9th July, Joseph Graham's accountin our books was closed by his direction, and the balance of L 2 17s 5d transferred to a now account, opened in the name of Mitchell Graham— supposed toba the son of the bankrupt. I never saw him. Since then Joseph Graham has received from me on account of Mitchell Graham, two sums of L 5 each, also LlO on the 10th September and LlO on the 19th September, as advances on several bundles of skins now in Melbourne. I have also paid on his account boatiug expenses amounting to L 3 19s 6d. —Joseph Graham wa3 called and said : I have heard the evideuce of the last witness. My son is now in Sydney. I remember stating on my previous examination that I paid Ll4 or Lls to Mr Tucker out of the monoy 1 received from Mr Perkins in July. I adhere to that statement. I gave him a LlO-note on the street, and afterwards L 4 in the back room of his shop. If he denies this, he is stating what is not true. I bought the hides and skins up-country in July. I received the money to buy them with from my son. The money was a LlOnote on the Bank of New South Wales» and I paid discount on it. I cannot remember where I cashed it. 1 got it before I commenced the account for the boy at Nancarrow, Henderson and Go. The boy is sixteen years old. I cannot read. The letter in which the LlO-note came, was read to me either by David M'Ewan, who was in my employment, or the saddler. They were both last heard of at the Ahaura. — By the Judge: I told Nancarrow to open the account for the boy, but do not remember telling him to transfer anything from my account to that of the boy. I have drawn money from Nancarrow since. — An order was made for the handing over of the L 2 17s 5d for the benefit of the creditors, and a rule nidi was granted to the trustee to recover the money paid to Maxwell. Frank Voilich. — This bankrupt came up for examination in accordance with an order made on the previous day. Mr Guinness appeared for the bankrupt and also for all the creditors, and Mr Newton for the trustee. The bankrupt said : In addition to the assets mentioned in my schedule, I had two or three thousand shingles in the bush, a ferryboat and free license for an hotel. I think I mentioned the license to Mr Hall, the commission agent, who prepared my papers ; but it had neaily expired. The ferryboat was only worth LI. I had also three or four hundred feet of timber lying about, valued at 20s a hundred. I had cleared two acres of land at a cost of LSO. I had no title to it. 1 partly built an hotel, and could not finish it. I sold it to Mr Read for L4O, and paid him LI per week rent. I rented it to another person for L 2 a week. I signed the bill of sale ; it was drawn up by Mr Davis. (The Judge : What, this illegal conveyancer coming up again ; it i& to be hoped some steps will be taken to prosecute him.) I had five horses. I sold four in March to pay off the money I had borrowed to buy them. I had four horses np to a fortnight before filing my declara-' tion. 1 sold them to one Dominick some time ago, and he took possession of them, worked them two or three times, bat they remained about my place, and were never taken away until within a few weeks before I filed my schedule. — An order was made for the withdrawal of the proceed* ings in bankruptcy, also annulling aft past proceedings, and directing the deed of arrangement with creditors, as asked on the previous day, to be filed on paj-" ment of all costs incurred by the trustee. The Court adjourned until Monday] the 24th inst