DISTRICT COURT.

Mount Ida Chronicle, Volume VI, Issue 335, 6 August 1875, Page 3

DISTRICT COURT.

- M '-'iA-tfGUST' 2. • X

.(Befpre v luV Honpp Judge Harvej j-

IN BASkIITJPTCT.

: Mr. Uowlatt appeared.for- complete; m-the-estate of-John; f Ja'tiiea Smith. O rde r gfc anted J O"? "\ ] J n . tho matter of Charles IVaneomße ( Roberts, an adjudicated bankrupt:— | Mr. i£oberte,vheing' : sworn, was ex-j ■amiiied' -1 i*PI?^ e ® s ® ..at Rough Bidge of ten acres,) -Sf iWhicKfive "acres had been" surrefl-j deretf; :.' r He traiißferred the lease to: .Geo%e'--® , i Sweetland on. the 9th of ; January. •'"The consideration namedin the deed of transfer > was? .£200.1 :Had m agreement:-with two of the; ;Provisionaj Energetic? |Oompariy^^riß®fe^tiie%ase to the; Cotfipany. been done.}' The CoinpaTiy machinery on the! ground, costing.£l6,s, Pr/with build 4 "?gs, °rer £Boo.v' to receive £2OO ,in half pai'd upl- shares. ; rlf the Com-: pany ceased to work-, they were to re-' ; transfer deasre^f 5 TheP-Company repuJ diated afid brought a, • against tjimTor' calls, and obtained (but stasjiot yet heard. Hd ! also sued the rent; : £25, fo.r tlieir üße and occupation, bud appeal wks~peti'dibjg in this case also.. -' r '-Th& Machinery is now =onT the ground.-. ,;The Company [ceased working •in.^.£a ; nua ; r7,"* ''1874/' and; : sold 'to 'ln jthe May following!" rßankinipt tdqt,possession of the Company's' property wheh'they ceased work,'bat gayg possession, tp . nteryjincompliancetvitEte bi&£/from ; P?^P^?isi' 8 ; Had been-working the-feasfe' rabintei^ali^^er^since:;; brought'an . acthtfi" against: witness for treapa.Bs r .anci gotia ryerdictfoir £llO. That -amount fhadiobeenCpald. " Withers wW also' ordered;Jtoarernove : s e - months, but 1 "ther made to -Had -not - received--the—-consideration .: moijey; could if ; thev transferred to, Sweetland . - ■pO.-lil'i 'I •'! His Honoi*.r?lrnoft .thai;..- ar deecptib&?,:T;: i i

• i?an ; lcnu;pt ; : Ye?,Vybur.Hbn'otj 'without mincing it,.it-Is. "'V'"***", 5 . ('? iEkamination? continued ::qSweetlan|d tOtik^pOssessidp- 1 of this machinery • ijn er A jeiodg: 'th J e. 'premises r frbiii ! Sweetland. Nothing to recover, fpQss.esß|p4.~. Bweetland haa since for £3o^ : put; of has costs.. Bankrupt jid not insert the lease in, pi; assets,. - ; . He acted Jfg») ,#«ce. now working the : claim, 'h6lding "as transfer from oweetland. He : did not know whether the transfer had been approved. lie had-nb<s no interest in. the lease. He knew Miller, who formerly lived'at Nas§fe^ ail( j now a f; Levuka. He had written tt>^il] e r to know if. there was an opening jj e did not'4ell ; -Millet* he with him. He put the large £2OO &4t& ; tion look bona Jwle. | Q-. F. Sweetla'nd, being sworn, said : He ( took assignment, of a mining lease from bankrupt/ for whict* he was ito The ipadeioyer to me, and I was supposed tohave boughtit. There was an urid.erstanding I was not to pay this £200.5 -I left a power of attorney Kowlaitt ; to sell the lease. To thie best of my belief it lias been sold. ~1 have not, signed the transfer. . .If it has been. sold it has been soldi by pow,|r of attorney in-Mr. Bowlatt's hands. Have received no money for • it.. , , : . His Honor rl~ am afraid you have ' made- yourself liable' to. have to pay £2OQ, Mr. Sweetland. ' I think;you will have to pay it! ...That will 'dp/ j There being no application, before the Court, no one mppearing for ihe bankrupt: - although he stated ihe thought the pro'ceedings were jbeing; gone oii with—the Court, acljoarned, sine die. ~ :