DISTRICT COURT, GREYMOUTH.

Grey River Argus, Volume XIII, Issue 1596, 16 September 1873, Page 2

DISTRICT COURT, GREYMOUTH.

Monday, September 15. (Before his Honor Judge Harvey.) IN BANKETJPTGTr.Re Jambs Hayes.— This bankrupt was brought up under arrest for contempt of Court,, in having failed tp jobey .*;summons of the Court, ordering him to appear on the 12th August, and give -evidence^aß^tb his estate. It was under the first deed of arrangement, and not under the bankruptcy proceedings that this took place. . Mr Perkins appeared for the Trustee (Mr Kenrick), and Mr Guinness for the bankrupt. ' „ The Judge asked if Mr Guinness had anything: to say why his client did not appear in answerto the summons. ' " Mr Guinness said he had, but first to point out to the Court that the warrant and summons upon which > the .;defendant wai brought, up was invalid. The iwarrant was bad, as it stated that James Hayes was a bankrupt- on the' Bth .of August, whereas he was not adjudicated a" bankrupt until the 13th of August; He could not see howthe defendant' could be , held guilty of contempt of a that was improperly drawn up... r.' (,!'■ . • ; The Judge held that the summons and warrant were j properly drawn: up and -is&ueSi~-H&-wonld-not; i if -possible, allow a' process of that Court t6 be evaded aii , this ., had .been. ' - Mr Perkins applied that f 6r his neglectl ing 'to .obey the summons oi' r 'the 'Court,' • the' defendaart should be pjinish^d by. fine or imprisonment, as the Court might think fit. The. power was given under ': the. District Courts . Act,; and this was a •proceeding under the bankruptcy jurisdic- " jtion of that Court. _ ; . .'Mr Guinness contended, that when the summons was served on the, defendant he , was not a bankrupt , within the meaning of thW Banktuptcy Act^ 'b'uf merely •' what jthe Aci called "ah arranging debtor,"' and if called • upon to give- evidence,' as a witness in the estate, his expenses ought to have been tendered to him. : The Judge .held; that r every, j arranging debtor. ■ was a bankrupt ; ,. all L the proceedings were under the Bankruptcy Act, and the debtor- was ' subject to ?thei orders of that Court/ He no W: wished to know why . the defendant did not answer to tl%|hmmdns;' '■ '■ : : .'"' : •" : ' r;:; -'-■"■■ ''■-■■■'' |^ Mr Guinness said the. subpoena waa * served on -the defendant in 'Greymouth, while he was on his r way from Reefton to Hokitika. He had then made arrangements to proceed to, Melbourne, for tiie purpose of seeing one of his largest ere- ! ditor3, Mr; Sargopd; r He . was. under the impression that having made the deed of arrangement with; his creditors, given the trustees. every , possible informations fa-~ the 1 estate, 1 and : having received a ! release | from Messrs .. Thprapsbn, Smith, and L Berkley, he cbiild proceed tb : Melbourne without anything . further being required froth/ him. The creditor he wished 'to S6e, Mr Sargood, was the next' highest creditor to Thompson,! Smith, and Barkley, with: = the s view of to buy back ihe estate from the trustees. I The Judge :. And- he went, away .quite openly from Hokitika ? IMr Guinness :' He did.^ • ' • r | The Judge : Did he ? ■ - ; ; :. - |Mr Guinness: ) So I -ami instructed, and that: he landed in Melbourne, quite .; openly and went to an hotel, where ( he ,,.. had not' been, for twbnours'when one of Sargood's travellers and a detective^' ar- '? xijVed and arrested himji and detained him illegally in custody,. r until Qpnatable Keat- : ,^ ing arrived with a warrant. Taking into consideration the way in which the subpiena was drawn, out and served, and the object which 1 the bankrupt had in view in proceeding' to Melbourne, ihe ! hoped the Cburt would „ not , inflict, the extareme penalty. !Mr:Perkins :; After the statement, was ri prepared to, call, witnesses thafc the def en- 1 danfe didnot leave 'Hokitika. openly: ' '■•■ ■ '''■■ |The Judge said it was riotrnecessary. -'■ The summons. was- sufficient in form arid properly served, and it was defendant's ' duty to attend to it. It wa3 not necessary ; - tnat his expenses should 'have been tendejredi^torhim;" as he was ia ■ Grey mouth ~ when the summons was served. Further tbkn that, it was the. duty of every bankrupt and arranging debtor to; attend; uponthat' Court ancLgive every possible infor-- 5 motion as to his affairs. He was sorry he had not the. powersto order ( defendant t> 1 : bej indicted for not surrendering, as the order for adjudication was rict applied for until he was gone, but he p would^finfrhiia^' inj the fullest' penalty,,..L2p, .if Mr Guinness thought it necessai^; he, could > take si»ps to have that order reyised. Mr Perkins applied to examine the bankrupt as to apart of his estate, which ..■■■ ; w^s' granted. After a f ew : questions had I be^n answered, :i , : : • : , . ; j■■ ■" •' ; : Mr Guinness objected to the examination, as other three charges were, hanging over . :the •. witness's head, and he might '■<"• '- make ; admissions which would criminate ;*. himself: -He asked that the Court should; caiiitiou him; riot'to answer questibh^of that nature; ; :; The Judge knew nothing officially of the charges referredto.;: He would protect the witness as far as possible, but if ordered. he must answer the questions put" ~ to him or, be committed for contempt. ■>-; f . ■'■■' Mr : Guinness thought it might be better • for, the: < witness to refuse to answer any ;■ question^ and be sent to gaol/ rather thai,* ' besled to' criininate himself. . ; ; " ' The Judge.' said witness could please himself, but he would have to stay in gaol, until he answered, the .question. „ ...„ ....^,..J .'. • , T& r following was , then ., ■■ ■ taken :— ' "' " ".'.'.'' '' ", \.■ James. Hayes: My brothers name idi John ! Hayes. : ; He , entered . , my ; employ abo| lit; 30th October, , 1870, i: at^ the rate of L3;per. week. Six months after I altered ' it fojLi 10s.:ai:week, as he was getting; good in the business. He left me on the ' r 26fch or 28th;bf Marchy 1873; Pgaye hiifr no money until he ■left !! fot"Mblt»umej ; ;' :! '' when I gave him LIOO. Duri^-tiiei*;; whole of the time he was inmyxemplpy . I gave him rip money, but I «illow9,d -him-. - r . '■ his: expenses and: clothes aiid bcaroL. ..He." : . returned "iffona. Mjelbourne^^ in .S^ayilast^ ]•.„■. He closed the Half-Ounce store before he left. I sold that store to him when he returned for L 25. • I received the,napney, ;i^ but dent think I made an ( entry of the sale in my books. It was paid to me in" notes at Ahaura. I did not lend him any money after iiareturn to sendto Hokitita. ,| When I left to go tp Melbourne, I gave' my wife L 8 or L 9. 'I went 7 away in the Albion, by the name of James Grady. I- did not take out the passage till I was half way over. I paid the captain L 5 for

the passage and L 5 more. The second L 5 j •was. given to get the passage ticket in a I false name, because I did not wish people to know I had gone in my own name. I got the money from the sale of furniture in Reeftqn. I only gave my wife LB, and don't know if she got any other money belonging to me. On board the ship I gave Molloy, a fellow passenger L 9 10s 6d to take care of for me, but he gave it me back. I gave him no more money ; I had no more to give him. I gave him no bank draft, or any other property. I had no other property except a watch, and I don't think I gave him that. I know nothing of a trunk that went in the Aborigine. I got LIB from Molloy^ in Melbourne while I was in custody.. That was his money, not mine. My brother John owes me no money. He owes something to the estate, but he has no money belonging to the estate. I did not give an order to Molloy on him or my wife for Lls. In Melbourne I requested Molloy to destroy the 'subpoena 1 got before I left here. He has no other property belonging to me or the estate. The sale of my furniture in Reef tori' brought L3O. I left there on the 13th August, and believe T got a letter from my wife the day before. I destroyed it in Hokitika. Mr Guinness now applied on behalf of the bankrupt to have the adjudication annulled. He could do so within a month from the gazetting of the notice, arid as that took place on the 15th August, and to-day was the ]'sth September, he was within the time. _ The Judge admitted that ; it was just in time', but some notice of motion of an application of this nature should be given, setting forth the specific grounds for making it. He would fix the 12th October as the day for hearing the application. Mr Perkins then applied for an order of the approval of the Court for the prosecution of James Hayes for a • misdemeanor, under the Bankruptcy Acts, and that the papers in the case be laid before the Crown Prosecutor. , The order was granted. The Court adjourned sine die.