DISTRICT COURT.

Grey River Argus, Volume XII, Issue 1211, 15 June 1872, Page 2

DISTRICT COURT.

Friday, June 14. (Before His Honor Judge Harvey.) The forenoon was occupied to-day with the further hearing of the appea) case, Joyce v. Kenrick. A long argument as to the admission of a document in the lower Court, occupied several hours, which was merely technical. We withhold our report of the evidence and legal arguments until the case is finished. At two o'clock the further hearing of the case was postponed until after the bankruptcy business, in order to allow a. number of the up-country .witnesses to get home. The following cases were then disposed of : — Jn Bankruptcy. Re James Bergin.— ln this adjourned case only one of the witnesses appeared — Mr James Johnston, storekeeper at the Little Grey. He said that he was the mortgagee of Bergin's house. The agreement was that when Bergin paid him back the LBU he could have back the premises. Whileßergin was in gaol for an additional debt of L3O, Mrs Bergin paid him LSO on account of the mortgage, and since then a person named Furniss had paid him L3O on account of Bargin. The original mortgage was now satisfied, and Bergin's family were living in the house, and paying rent to Furniss. Witness was still a creditor in the estate for L3O. When he previously took : the action in the Warden's Court against Bergin, and took possession of the property, he allowed Mrs Bergin and her family to remain in possession ; and previous to the action they had been living there only on snfferauce. Several other witnesses who had been summoned were not present, and the further hearing .of the case was adjourned to the 12th August, and it was ordered that the bankrupt and his wife should be present on that occasion. Re Henry Mitchell.— lt was stated that the bankrupt had gone home Upcountry, seeing that an adjournment of the bankruptcy case 3 had been made. However, the following evidence of witnesses who were iv attendance was taken : — George Carter said he was butcher at the. Ahaura. He recollected suing the bankrupt at the Resident Magistrate's Court, Camptown, for LIOO. He then said he did not owe L 6 except tome. He -told me he had put the cattle and horses in Campbell's paddock at Twelve-mile for safety, and he offered to give me a bill of sale over them all. The case was then adjourned by consent, but ,af terwards he refused to give me the bill of sale. Between that and the adjourned hearing he filed- his schedule. I got a judgment at the adjourned hearing. When Mitchell got me to assent to the. adjournment of the case he paid Thoma3 Jonea Ll4, and also paid Mr Pothan the price of a cow, Campbell and Condy claim possession of the cows and horse 3 now. They were sent down the day he got the adjournment. .L'noch Orchard, butcher, Ahaura, said he remembered Carter suing the bankrupt at Camptown for LIOO/ gMitchell asked Carter not to press the case, saying he would make over his horses, three cows, and some calves to him, if he would not press the case. He said he owed no one anything except L 6 to Ashton, L 4 to Reid, and the debt be owed to Carter. Carter agreed to this, and the case was adjourned for a fortnight. Mr Staite was going to draw lip the . agreement, but in the interval Mitchell filed his schedule. The further hearing of the case was adjourned to Monday, the 26th inst. Re Charles Hctmphris.— This was an application, for a final order of discharge. None of the creditors opposed. Order granted. Re Michael Phillips. — Case adjourned to the 12fch August for further examination. Re Thomas Bailey. — Application for complete execution of deed of arrangement. Mr Perkins appeared for the bap krupt, and Mr Newton, for Messrs Woolfe and Austin, to oppose the discharge. The bankrupt not being in attendance when called, the case was adjourned until after the disposal of the appeal case. Re Charles Percy Roberts. — Application for final discharge. Mr Guinness appeared to oppose, on behalf of Patrick Crogan, the only creditor who had proved in the estate. It appeared that ajudg-' ment had been given against the bankrupt for the price of a horse which he had hired from Orogan, and, -which, had died while in his charge. He had been in possession of very little money since ; while in employment, L 2 per week with board and lodging. He was now willing to pay 10s. per week until: the debt was satisfied. The. order was ntiade; that the certificate be suspended for twelve months, and protection granted so long as the bankrupt paid into Court 10s per week to satisfy Crogan's debt. Re Alexander M'Donald.— Mr Newton applied for the bankrupt's costs to be allowed out of the estate. This was granted. Mr Guinness applied for the costs of Lock and Marr, opposing creditors in the same estate. This was refused. '. This was all the bankruptcy business, and as it was now past five o'clock, the further hearing of the appeal case was postponed until this (Saturday) morning, at 11 o'clock.