DISTRICT COURT REEFTON.

Inangahua Times, Volume IV, Issue 67, 12 September 1877, Page 2

DISTRICT COURT REEFTON.

:£ H^ESDAT, SIg?TEMBBB 6, 18*77. (Before His' Honor Ju.dge WVston.) In tjib; fatter df tti'e,EAiNT Cbeek: Com'.vanj" (i,Ti, ; Liqu.idaJiou),, ., and Edward ', Masters,' ' ' ' ■. . _!,.,.' .', .. This' was- an ; application, by Edward Masters to b.e n rem6ved >: from, the list of ', gontributprijßsVinH ( b)ejaboVV,pbtnpa J nv. \ . '-Mr Bitty Mr So.utb, and Mr Staite, ap pearedto.Siipport the application. i^Cr Guinness appeared to oppose, on behalf .af-Mejssrs Guinness and Warner, abd W. Kilgour, creditors in the estate. Mr ,Eeid appeared ;ibt' the liquidator, also to oppose,. : ■ -i Mr South said th,at on a repent ooca.sion he saw 'Mr Masters in Hokitika. He was ;very ( embjirrassed ( mi naind jjfc the time' having' just- receivad intelligence ft-pm Napier'iiba't a traveller in an extensive firnv in that place, to whom he (M,r ■ Rasters), had 1 advanced lartge::snms,.o ) f mbney, ; was about to leave "the colony suddenly.. ' The oase .was an urgent one, and' unies.s Mr Masters, proceeded to ISapjer, at once he would lose everything. tli4w- i tbeVp J 9ir I c\iaistanc«S''h>-.(l^r^outb) •Jiad requested Mv:. Masters to commit the Tacts 'related to: an ! affidavit,' -find' which bad ' been &one,/ and b 6' tendered; tbe affidavit in .justification of Mr, Master's absence. It was. out of no contempt that Mr had' absented himaelf. The affidavit ran thijs : D.ep6nen,t',(lkas^ ters) bad • received. 'i'nte'llige'ncei that a traveller^mplbye'd in a' finjn id. ah' ex-r . tensive way, of business at', papier. ;to wboni deponentfihad advanced- large^ pms ; of money had 'VeeVsuddiiilly dismissed fromihis.eniployment, and was abput to >ieav# the' J colony! l-Eearing'lthat' he (de* ' ''p'ou'enlr'w^uliiuffePheavy"^^'^! 4h.e to Napieif,7'and!possibly thence to Me,l'(jburne'fbr the 1 purpose . of d'ecidiji'g bpon the nature of.tbe'prbceedings"tb"b' c taken. He (Mr South) ventured to think! that tbe explanation would bo accepted by th,e Court* ; , Mr. Ma,s,ters was a J.P., ajnd a gentleman of 'good' position, and w ( hose statements he thought' wbiild carry some , weight.,, The .affidavit, whiclj j#r Master's' • bad filed in the. matter really contained tbe jjrbund bfiiig 1 Removal from the list." It w' as on the 4|h of - May be sold and ■> transferred to one ' '^Ifltaent Davis, the whole. 1 6P liiS intjerest .in the Eainy dreek' Company, .for jthej sum of £-15 18s 9,d,' The /sale and! transfer Was a 1 broker's transaction, anßtborougbly bona fide. The sale was effected? |hrougb Mr Moss 1 ajnd 'wa's in' every l aense ! -a jbpna i:i( ftde,qne. , , ,;!,.„ „,..,, , „.-,„ •,.'»•! tl-y.i: ■■ v [ His Honor« said ''that .the nquestipn of ' 'bona fides cbiild bh,iy J W gathered from, the evidence. .'.'...,' Mr Pitt submitf-edtbat by the. affidavit th,e. bona fides bf th,e. transaction was prim,a facie established. They were content' to let the applicant's case reat upon tbe affidavit filed. .. , . , Mr Eeid said that at the, la.s(;' sittipg of the Court, the order made in' the case was for the personal attendance of Mr Mas* ters, and his absence amounted to a^ dis* regard of the order of the Court. Mr Guinness said it was quite clear

Mr Masters bad disobeyed the order of tbe Court in absenting himself. At tbe last sitting a distinct order was made for his personal attendance, and that fact of itself would lie to warrant the Court in. placing his (Master's) name on (Mr Guinness) wished f ''tSjkno|fMha{ % course tlie, other side purposed taking] ■: Ji tbeyilpnded to, address tHe Courfcij he (Mr Guitjf ss) should claim tbe s righ^f reply. 'He desired, the direction of the^Court, His Honor saw tbe difficulty. Counsel for tho applicant bad taken up a bold position,. ? Thpy 1 had 'decided to stand or fall by their affidavit. K ' " --Mr Guinness urged4hat the case should be adjourned as it wasimportant that the applicant should be placed under examination. His Honor. : Then it shall stand over. -Mr Master's affidavit-in explanntion of his "absence Was in,suffis|n,t. It 3 contents really amounted to nothing. No name was mentioned, and in fact nothing specific ■and could nob therefore be regarded as satisfactory. The case was accordingly adjourned for 'bearing in Greymputh on the 29th of jOctober, an ,;prder l jto.be issued in the tneantime. for-. Master's attendance.