DISTRICT COURT, GREYMOUTH.

Grey River Argus, Volume XII, Issue 1314, 15 October 1872, Page 2

DISTRICT COURT, GREYMOUTH.

' Monday, Octobbk 34. (Before his Honor Judge Harvey.) CIVIL CASE. Pehrose and party v. Ponnamu Quartzmining Co. (Limited).— This was a claim of L 95 13s 4d, the balance due on a contract for driving a tunnel at Kelly's Ridge, also an amount due for loss of time for want of materials to work with as agreed upon, and also, for seVeral extras ordered by the mining manager. No person appeared to defend the case, and the Judge, on looking over the affidavit of service of the summons, said there was noprdof of its^ having been served on" the registered office of the Company in Christchurch. He would take whatever evidence was then to be offered, and adjourn the case to the 30th inst., in order that an amended affidavit of service could be filed. — William Penrose then proved the fact 3of the case for the plaintiffs, and the case was adjourned as stated. ~. i Re Moonlight Quartz-mining Co. — This was an adjourned application made by Mr Perkins, on behalf of the Official Liquidator for the confirmation of a second list of contributaries, in order to wipe off debts to the amount of L9B 103. Mr. Newton appeared on behalf of Mr W. .D. Wood, Christchurch, to object, on the ground that the expenses charged, both legal and general, were excessive. Looking over the statement of accounts now furnished he found that the liabilities of the company at the time it was wound up amounted to. L 209 14s Id, and the amount collected from the first call was L2oß los, leaving a liability, of only. LI. The legal expenses incurred to date were L736s 2d, the Agent' 3 and general expenses, L 25 6s 8d ; estimated further legal expenses, L 6 6s; and estimated further Agent's and general expenses, L 32 3s, making a total of legal expenses, L 79 12s 2d; Agent's and general expenses, L 57 19a 8d; making a grand total of L 137 11s lOd. The second contribution now asked .for was. L9B 10s, which would übt meet all the liabilities incurred since the order for winding up the company, in fact, would only pay a dividend, and no wonder the Christchurch shareholders were continually asking when their liability on account of this company was to cease. The Judge said he had no power to question the charges made ii the accounts filed. The order would be made as prayed. Re James Bergin.— ln this adjourned case Samuel Furness was called. He said : I am a miner residing at Antonio's Flat, 40 miles from Greymouth. I know Mr and Mrs Bergin, and the house they live in. I remember lending Mra Bergin L3O, but I don't know what she wanted it for, or what she did with it, The house they live in belongs to me. I purchased it from Mr Johnston on the 4th May:— ln cross-examination, the witness said : I first lent Mrs Bergin L3O. She said she •was in difficulties, and asked for the money; I did not ask her what she intended to do with it, and at the time I bought the house from Johnston I did not know what she had done with the money I lent her. Before I lent her the money I. heard a rumor that Johnston had taken proceedings to turn her out of the house. I never told Johnston when I paid him the L3O that I was buying the house for Bergin, but I told him 1 was buying it for myself. I swear that I bought the house right out for myself for L3O, and never told Bergin that he could have it back whenever he paid me theL3o. I have received no rent, but I intended to claim rent when I made the agreement. I have not asked Mrs Bergin for repay-

ment of the L3O I lent. her. After argument by counsel, the Judge said he would grant .. no bankrupt a discharge in his absencei' He: must apply for it personally. In this case bankrupt and his wife had thrown great obstacles in the way of the Court getting at the truth, and he, did not believe they had got at the truth yet. He was far from being . satisfied with the evidence of Mr and Mrs Bergin and Samuel Furness. When Bergin did come up for his-dis-charge, his present intention was to suspend his certificate for a considerable period. In the meantime, the case would be adjourned to the 12th December., the bankrupt to be then in attendance, and perhaps, in the intervalj the bankrupt would see fit to hand over the premises to the trustee. . Re Denis M'KEsnrA. — This was an application Jmade by Mr Guinness, for the examination of Denis M'Kenna, as to some property, namely, a full Bharo in the Prospecting Claim at Rainy Creek, Inangahua, the possession of which he did not disclose to the trustee in his recent bankruptcy proceedings. Before the examination had proceeded any length, it was apparent both from the witness's contradictory statements and behaviour that he was under the influence of liquor, and the Judge ordered him to be locked up for contempt of Court until this ( (Tuesday) morning, at ten o'clock. Re Alexander Constantine. — -Mr Guinness applied on his own behalf as a creditor in this estate for an order declaring the deed of assignment between Constantine void, so far as regards any release from a debt of L2l Is lOd, due by bankrupt to Guinness, on the ground that it had been omitted from the list of liabilities, owing to the culpable negligence of the bankrupt. Mr Perkins appeared for Constantine, and called Frank Hamilton, who said : I am one of the trustees in the estate of A. Constantine, and remember his meeting of creditors. When all accounts were advertised for, Gruinness's was sent in. Last Friday, Guinness told him he would oppose Constantine as far as his own account was concerned. He told G uinness that Constantine disputed his account, as, he did not owe him anything, but witness said he would see the other trustees, and Guinness waited in. his office until he went to sse t them. Witness asked him if the trustees agreed to recognise his account would he withdraw his opposition, and Guinness replied that he would. The trustees then told him that they would recognise his account. — A. Constantine proved that he lost all his books and accounts at the fire which caused 'his insolvency, and had no idea that he owed Guinness anything until after he obtained complete execution of his deed of assignment, when Guinness asked him why he had omitted his name from the list of his debts, when he replied that he was not aware he owed him any thing. — Mr Guinness wished, on oath, to contradict a statement made by Mr Hamilton. He never agreed to" any such condition as stated by Mr Hamilton. The trustees did recognise the claim, but he (Mr Guinness) never agreed to withdraw hia proceedings. — The Judge held that there was no culpable negligence proved, and dismissed the application. The Court adjourned until ten o'clock thi3 (Tuesday) morning.