DISTRICT COURT.

Grey River Argus, Volume XII, Issue 1159, 16 April 1872, Page 2

DISTRICT COURT.

Monday, April 15. (Before His Honor Judge Harvey.) In Bankruptcy. Re Mathew Feehan. — Application for final order of discharge. There was no opposition. In answer to his Honor, bankrupt said he contracted the most of his debts, L 258 14s Bd, while he was a publican in Greymouth. He had L9O, which he paid to go into business, but there was a digging debt hanging over him. When he went into business he was sued for a debt of the whole of his old party of six men, and judgment was given against him for L7O, while all his original share was Lll, and this had forced him into Court. His Honor, after going over the list of liabilities, said it appeared the bankrupt had been in business a year and a half, and he had contracted debts amountiug to L2lO. The bankrupt said he had paid away all the money drawn in the hotel in small trade debts. His Honor remarked that keeping a hotel must have been better than digging, as the receipts appeared to be L 4 a week, and scarcely anything paid away. As to the assets, a list of old book-debts was put in, valued ' at L4O, which had been owing for three years. He pointed out several names of persons who were now in a good position at Auckland, Christen urch, and Reef ton, and were able to pay. His Honor thought ! the probabilities were that if these assets were good they would have been collected long ago. He could not understand persons getting into debt, and the whole, of their assets vanishing in this manner. The bankrupt's certificate would be suspended for three months, and if any of the creditors had opposed, it would Tfave been suspended for a rtiuch longer time. Re Minnie Bro\vn\— Application for final discharge. There was no opposition; application granted. •-*•-•• : ; Re William tyA^Y.-r-Agplication lor a final order. Mr Herkins made explanations regarding a clerical error;.' in S^the statement of accounts, and. the discharge was granted. ; '..--' Re James Henry Graham; out, as the bankrupt did not appear. Re Alexander M'Donald.— Mr Newton applied for a final discharge, and Mr Guinness for several creditors, none of whom had proved their debts in titne. The case was put to the bottom of the list in order to allow of .an affidavit being filed, so as to allow the creditors to appear. After the adjournment Mr Guinness iiled the ailidavit, and on it he applied to be allowed to appear for Messrs Marr and Lock to oppose. The bankrupt said : I am a miner at Topsey's Gully. Rowley is a secured creditor of mine for I L 77 under a mortgage. M'Kionon, a laborer, in Cobden, is secured for LG9 under, a mortgage. Hamilton at the

Ahaura is also secured for LJI2 on the \ water-race. I was paying Rowley at the I jateof 14 per cent, on ..the.-rl>7o ;. 1-b.ave. j ppaid a good deal of the interest. -I was also due Rowley L3O, which, with LI 2 interest, made L 42, and for this I entered ( him in my schedule. I have paid him . M'Kin^on anything . off- hia mortgage. I ani still in possession 'of the water-race. Hamilton has never taken^ possgssip^xjf , "tV^ranV using it up to'tKe present time. The* race will cariy fivtfTieaWiwhen there is plenty of water. I have been getting a little gold since I '■ filed, "perhaps Ijso worth. Previous to this Hamilton held a transfer of the water-race, but he abandoned it because he did not consider it a legal document. About the middle ofMarch, 1871, I got a quantity of goods from Mr Joyce. I asked for thtee months' credit, and I told Joyce I had "cottages and ■ sections at Oobden,' and a water-race .up-country;; /I did not think it necessary to tell him the property was all mortgaged. L h,ad at that time an agricultural lease} which I value at L 100; and there was no lien on it then. It was since sold by the bailiff at the Ahaura under a judgment at the suit of one Carter, about the 30th of last November. The lease was bought by Mr Harvell, at the Ahaura, for L2O. He told me if I could ever pay him the. amount he would give me back the lease. — After some f urthet evidence a final order of discharge was granted. Re James Stewart Hazel. — Application for final discharge. Mr Newton appeared td oppose oh behalf of Woolfe, Austin, and Co., creditors. In crossexamination the bankrupt said — I owe Woolfe, Austin, and Co,, Lll for goods aold and cash lent. Other two men lived in the same place with me, but the goods were all put down in my name. I settled with the other two men. They were, working for me, and when I paid them :I deducted their proportions of Woolfe, Austin, arid Co.'s account, and retained it to pay other men their wage's. Even after that Mr Austin lent me L 2 10s to pay other men their wages. I have never paid Woolfe, Austin, and Co. anything. I was in gaol when I filed my petition, \ and since I came out I have earned atiout L 26 in wages. — Fred. Austin gave ev'i-. dence as to the promises made by the bankrupt to pay for the goods, whenever he made a draw on the Borough Council, but he .paid nothing. — His .Honor said it appeared a portion of the goods werb obtained by false representations. - (The bankrupt.: Donlt say that, yojir.Honor.)' The Judge : 'But I do. The tri'attef is not a very serious, one, but the Court must mark its sense of such proceedings, arid the certificate will be suspended for three months and protection withdrawn.- ; Re James Bergin. — In this case the bankrupt was, examined by Mr Newton. It appeared from his evidence that he put up an hotel at - a cost of L3OO, over which he gave a bill -of: sale to Johnston, storekeeper, for L7B. He paid Ll5 off this amount, leaving L 63 due, when Johnston seized under the bill of sale. Bankrupt was also due L3B to Johnston for stores, and for this amount he was put into gaol at Cobden for some months, and, in consequence, tiled his schedule. There was an understanding that he would receive back possession of the premises whenever he was able to repay the amount, but he swore he knew nothing of an arrangement made between his wife and Johnston to repurchase the hotel, and that a paymeat of L5O had actually been made, it appeared that the bankrupt's wife had been subpcenaed, but did ribftappear, not being in a fit-state to travel; As it was thought absolutely necessary that Mrs Bergin and Johnston should be present to give evidence, the case was adjourned until the 29th inst. Re Charles Wiinsch.— The 29th inst. was fixed as the day for this bankrupt's application for final o*der of discharge. -Re Charles ~ Wilson* — No ~ accounts having been filed, and: the bankrupt not appearing, this case was struck out. Re AiberT: Flateau.— Mr Guinness appeared to oppose on behalf of J»cob Wagner of Hokitika, but as no proof of debt had been filed, he could not be heard.' His Honor remarked that the statemdiht of accounts! furnished .was -a remarkable one — made up of a tremendous number of small accounts scattered through the majority of the towns in the Colony. Over L2OO of liabilities were shown and no assets. The bankrupt explained that he had been travelling through the Colony principally as a musician, and had no property exceptithe means of earning his living and household furniture. The Judge remarked, after looking down the list, that there was a very large amount due for printing in nearly every town, and tha J |even since his arrival in (xreymouth he owed the Argus LlO. The bankrupt said that on his arrivaL here he had given, a number of entertainments, but was unsuccessful, owing to the bad weather, and also because some of his old. creditors took "the money at the doors to pay themselves. The Judge.: And so you paid some old creditors at the risk of making new ones ? It is quite impossible that the creditors mentioned in Auckland, Wanganui, &c, could possibly know of the bankrupt's intention to go through the Court, and as they ought to have a chance of knowing it, the certificate would be suspended, for three months. Re Stephen EGAN.—A'niapplication for final order of discharge. Mr Guinness appeared for the bankrupt, arid Mr Perkins for Mr Hamilton, of Rutherglen. It .appeared during cross-examination that there was a discrepancy of L3O in the amounts. filed. : The. bankrupt had owned a house at Parba, and he made it over to Me, Fitzgerald in consideration of 'a debt he.._ow.ed him for board and. cash. lent. There was no mention of this house in the statement, arid the ■ bankrupt threw the ; blame of this upon the solicitor's clerk who prepared his papers, but the Judgje informed •■ him this could nbt be taken" as an excuse, as insolvents ought to make themselves thoroughly, acquainted witjh the contents of the documents beforethejp swore to them. The evidence of MrJ. Hamilton was taken as to. how hia debt was contracted— it was cash lent on an lOU v nder promise to pay within a month . An order was made for the statement ijo be amended, and for this purpose thY case was put at the bottom of the list. After adjournment, the amended statement was filed, when the Judge said was quite plain that a fraudulent preference had been given to Mr Fitzgerald oy handing over to him the house, and toe i certificate would be suspended for six months, without protection.- • / The Court adjourned until this morning at 10 o'olook.