Supreme Court, Nelson.

Marlborough Express, Volume IV, Issue 163, 13 March 1869, Page 4

Supreme Court, Nelson.

SITTINGS IN BANKRUPTCY. [Before his Honor Mr. Justice Richmond.] Friday, February 26. In Re Joseph Dempsey, Marlborough. Mr. Kingdon applied on behalf of Mr. Sinclair, who was unwell, as agent for Mr. Harry Pitt, of Blenheim, for an order to set aside the proceedings taken before the Deputy Registrar at Blenheim, before whom Dempsey presented a petition for bankruptcy, and by whom adjudication was made, and carried through. The present application to annul, and set aside all these proceedings, was made at the instance of the creditors of Dempsey, on the ground that the Deputy Registrar had no jurisdiction, the Judge being at the time within the judicial district. Friday, March 5. In Re Joseph Dempsey, Marlborough. In the matter of the insolvency of Joseph Dempsey, of Blenheim, Mr. Kingdon applied for an order to set aside adjudication herein by a Deputy Registrar, at Blenheim, on the gi’ounds, first, that the powers of the Registrar under sections 15 and 16 of the Bankruptcy Act, 1867, only exist in the absence of the Judge from the district, and secondly, that the Deputy Registrar has no power whatever to adjudicate under the said Act. Rule nisi granted, to show cause on Friday, 12th inst. SITTINGS IN BANCO. Friday, February 26. A petition was presented by Elizabeth Parker and others, in the matter of Guard, deceased, illegitimate, and intestate, to obtain an order for vesting in petitioners certain properties purchased with trust moneys, which properties were conveyed to deceased, who was one of a family of natural

children, whose father left for their joint benefit the said trust funds. Mr. Pitt, as agent for Mr. Nelson, Blenheim, moved for such order A discussion, set on foot by the Judge, arose on the necessity of conserving the rights of the Crown to the property of a bastard dying intestate, and his Honor pointed out that the Attorney-General, as representing the Crown, should be made a party to any proceedings. Case adjourned in order to notice being served on the Attorney-General. SITTINGS IN CHAMBERS. Fexday, February 26, AND EENWICK V. WARREN AND anothekT ' ~ This is a case involving the fulfilment of an agreement to purchase a run and stock, valued about £25,000. Defendants had been .served with a writ, and to-day, Mr. Pitt applied for an order for the payment into Court of the price, pending adjudication, as a security for fulfilment of defendants’ part of agreement, they being, as he alleged, in possession of the stock, &c. Mr. Kingdon, tor defendants, also made application for an extension of the time for pleading to the writ, an eight days’ one. The j udge, after an elaborate discussion as to the proper course of procedure, and obstacles in the way of jurisdiction being exercised to the extent of ordering payment of the purchase money into Court, adjourned consideration until Saturday. On Saturday both applications were refused, and pleas have, therefore, to be lodged for defendants’ on March 2. Colonist.