DISTRICT COURT.

Mount Ida Chronicle, Volume VI, Issue 352, 3 December 1875, Page 3

DISTRICT COURT.

November 29. (Before his Honor Judge Harvey.) Louis William Busch, trustee in the estate of Charles Prancombe Roberts, a bankrupt, plaintiff, and George Fyers Swoetland, hawker, defendant. Mr. Rowlatt appeared for the defendant. Mr. Busch thus stated his case to the Court:—The complaint in this case is that, on tho 9th January, 1875, one Charles Francombo Roberts assigned to tho defendant his interest in a mining lease situated at Rough Ridge, the consideration boing by agreement that Sweetland should pay to Roberts by such assignment the aura of £2OO sterling. Subsequently to the assignment of this leaso, about the 21st of April last, Roberts was adjudicated a bankrupt, and the notice of «uch adjudication was duly gazetted on tho 26th day - of April. On tho sth day of May following I, tho plaintiff in this case, was duly appointed tho trustee, and such appointment duly notified and confirmed by tho Court. I shall prove that the defendant has never paid to Roberts nor to tho plaintiff tho said £2OO, or any part thereof, and that consequently tho Raid amount is still duo to thoplaintiff as trustee in the said estate. For tho defence all tho material allegations in the plaintiff's particulars of demand are denied, and it is alleged that tho mining loaso referred to is of the value of £3O, and no more. Ho would call defendant.

G. F. Sweetland, being sworn, said: In January last I received a paper from C. F. Roberts. This paper is now with Mr. Withers.

Edwin Alexander Withers, being called to produce the paper in question, was sworn. He said he was a miner residing lit Rough Ridge. % His Honor : Do you produce an assignment between C. F. Roberts and the defendant, G. F. Sweotland ? Witness : I do.

Mr. Rowlatt objected to the mode of proof of document attempted by tho trustee, and claimed that the attesting witness must bo called.

His Honor: lam of opinion that this is a document that requires to be proved by an attesting witness. The plaintiff "had better accept a nonsuit. I will allow no costs.

IK BANKKCPTCT. Charles Francombo Roberts, an adjudicated bankrupt appeared to apply for his final discharge. A statement of accounts had since tho last sitting of tho Court been lodged, which was objected to by the trustee. The trustee stated that one item Was entered at £2O, being asset from Energetic Mining Lease, which had been previously sworn to as having realised £2OO. Bankrupt: It was never sold to Sweetland, but transferred to him as trustee—it may appear to bo so in law, but it is not so in equity. His Honor: Thoro is very little equity about the wholo transaction in my opinion. Trustee : Why was it not entered in your assets then ?

Bankrupt : As Mr. Field has suggested to you tho question perhaps he can answer it.

His Honor: It docs not matter who suggoutod tho question, it has to be answered.

Bankrupt: It was not put in because Sweetland was responsible for rent and lawyer's expenses. His Honor : Where is the lease now P

Bankrupt: I don't know, your Honor. It was offered to the supervisors, Messrs. Inder and Brown, before it was handed to Withers, who refused to have anything to <\o with it. Tho lease was never sold to Swoetland at all, but transferred. Thero was no intention to defraud, but to protect Sweetland.

His Honor: I totally disbelieve that last statement, and consider it was a deliberate attempt to defraud the creditors. The assignment to Sweet land is a fraudulent and void assignment, and if you make application Trustee : I will make application. His Honor : I suppose you oppose .the granting of the order. Trustoo : I oppose the granting of a final ordor, and produce a letter written by bankrupt to Fiji, in which he claimsto have command of £2OO or £3OO. ;

His Honor; Where did you expect to got this money ? Bankrupt: From the sale of the Band of Hope water race. All I received was £3O. It had been valued at £550 by akilled hands. This property was sold on tho 9th January, about three months before I filed, by order of the Court on a dissolution. The property realised £735. My partners held a mortgage of £229, and some interest due. His Honor: Do you know David Miller ? In your evidence previously taken yon said " I did not toll hi'ra I had £2OO to bring with nic." j Bankrupt: I denied having written to him that I had £2OO. .j. Ftis ffonor: You fenced with the quostlvn. You have not entered the £3O for which tho lease was sold to Withers. Bankrupt: It did not come under the statement. His Honor: You sold it to Withers through the intervention of Swcetland, and it is not accounted for. Bankrupt: Your Houor has already reverted to tho former evidenco—if you would bo so good as to look again I think it is shewn that the money went in rent, £l2 10s., and lawyer's expenses. His Honor: Yes, rent is mentioned. It appears to mo that you havo not dealt fairly with your but it. Trustee : Did you not try to get persons to act as bniliff's to seize the machinery P Bankrupt: 1 don't remember asking persons to go. Trustee: Did Wade not havo a writton authority to engage men to seize Withers" -machinery P . -~mmiii • ifmpot ;*« o #. Tru*ißE f iWero you Wade when ho tried to get a man to go and act tin bailiff? • Bankrupt: Yes. Trustee: And did Wado not tell a party to go to Newmarch's oflice, that RqwlM wanted to see him, and Newraarch telling him to prepare for a little rough work—a bit of fighting, or some bloodshed P No answer. Trustee: Was there not an understand- 1 ing between you and Sweetland that you should divide the spoil ?••■■- Bankrupt: That question has been answered before. His Honor : I think, Mr. Busch, I understand the case. I shall suspend your certificate for twelve months.

Trustoe: About the application, your Honor ? His Honor : You must make an application ih.a proper way to the Court. The Cdurfc cannot undertake to give advice. MINING INTBEFEBENCE AT KYEBUEN. Guffie and Others (appellants) v. Christian and Others (respondents).—This was a case, arising in the Warden's Court, which had been sent to the Supreme Court, the j.-cigment-of which was published in tho 'Southern Mercury' some time ago. At a former sitting of the District Court tho judgment of the Supreme had not been received from the Registrar, and a conditional judgment was arrived at. His Honor now said judgment would bo entered up according to the late Judge Grey's decision. Judgment for £32 10s.; costs, £7 55.; £4 145., costs of the appeal; and £lO, professional fee. A sum allowed by tho Warden of £3 10s., expenses of witnesses, at tho original hearing was al* so ordered. His Honor would make no alteration in the costs allowed by tho late Judge.