SUPREME COURT. – SITTING IN BANKRUPTCY.

New Zealand Mail, Issue 36, 30 September 1871, Page 4

SUPREME COURT. - SITTING IN BANKRUPTCY.

Feiday, Septemp.ee 22

(Before his Honor Mr Justice Johnston.) His Honor took his seat on the Bench at eleven, resuming the hearing of applications in bankruptcy.

IN HE LOUIS CHARLES BICHAEDS. In this case, Mr Izard appeared for the bankrupt; Mr Keon, for a creditor named Morgan, to oppose. The application was for final examination and discharge. His Honor remarked that a statement of account, required by the rules, had not been filed by the bankrupt, as was shown by the trustee's report, and, therefore, he did not think that the case could go further. In reply to his Honor, the bankrupt said he could not give any further explanation of accouut. The case was, therefore, adjourned.

IN EE JOHN HENEY PEEHAM. Mr Izard appeared for the bankrupt, and Mr Buckley to oppose for a Mrs Bracey, a creditor.

Mr Buckley said that he had not been able to give the notice required by rule twenty-one, which ordered that notice of opposition should be given one clear day before the day of hearing ; but he put in an affidavit showing the cause of delay to be owing to what was unavoidable.

Mr Izard raised no objection to Mr Buckley proceeding, as there was no wish on the part of the bankrupt to take advantage of any technical objection. Mr Buckley submitted that the trustee had not examined the books excepting by his agent, and, therefore, that nothing could be done on any application made. His Honor said he would be flying in the face of the act if he accepted the statement of accounts. The case was therefore adjourned. IN EE KENNETH DOUGLASS. Mr Borlase appeared for the bankrupt. The bankrupt said that he was a commission agent, and had been carrying on business at Wanganui for three years ; in his schedule there was a sum of £I2OO set down as owing by Mr Perham, for wages; this was made up of £l5O wages, £72 commmission, and the remainder by money lent; he borrowed most of that sum on his town property in Wanganui that he had bought in 1865 of his brother for £IOOO : in one instancehe borrowed money to lend to Perham, from a building society ; he was to get nothing for the money, but Perham was to pay off the interest and principal. He had previously been a commissioned officer in the 50th and 57th regiments. He had been informed that Perham denied his debt, but when he spoke to Perham the latter said he had not denied it. He could not understand why Mr Perham denied any portion of his debt. Mr Perham held all the vouchers in connection with the debt. Mr Perham acted as his solicitor, and on some occasions made himself responsible for money due. They were in the habit of assisting each other. The case was adjourned in order to allow the trustee to make a thorough investigation of accounts. His Honor remarked that, in the face of the report of the provisional trustee, there was no probability of considering the granting of a discharge on this occasion. He would form no judgment on either case, but the idea of coming into the Court without either books or documents was absurd. Mr Izard explained when a bankrupt gave up his books and papers to the trustee, it was not in the power of himself to produce them. The trustees agreed that he should have sent them down. The bankrupt had given up everything in his possession. Both cases were adjourned until next sitting. IN EE PAEISH AND BBADBUEY. Mr Borlase appeared for the bankrupts. , No report had been filed or notice given to I the trustee, and Mr Ollivier, who appeared to oppose, submitted that his Honor could not i therefore grant the discharge. At the same

time he (Mr Ollivier) wished to examine the bankrupts. Mr Borlase opposed this course, and asked for an adjournment. The bankrupt Parish was examined by Mr Ollivier. He said he had been carrying on business as a brewer, though he did not know much about it. At the time he started he had no capital; this was about eight months ago. The house belonged to Mr Martin, and they were to have it rent free for twelve months. The amount received for beer during the time of the partnership was, to the best of his knowledge, £2OB. Mr Martin made no claim for rent till they had failed in May, and then he took possession of all they had, including stock-in-trade and goods on the premises. He estimated their value at between £4O and £SO. He had a house and land that was mortgaged to its value ; of this £SO was due to the Building Society, and £SO was advanced by a man named Leggett. The latter money was lent on the 23rd of December, and he gave Leggett a mortgage on the sth of May. He filed his schedule on the 15th of May, and gave an 'acknowledgment at the time he obtained the money. He had some goods from Mr Kreeft just before their failure, and they might have been to the extent of £25. Some of them were in the goods seized by Mr Martin. Mr Martin put in a claim for forty weeks' rent, though they were only in the house twentythree weeks. Mr Martin signed a paper that they should have the premises for twelve months free, but seized everything they had. His Honor remarked that the bankrupts should have summoned Mr Martin to the Police Court for forcible entry, and thought that such conduct should be severely reprobated. He trusted that steps would be taken to mark such a course of procedure. Mr Ollivier said that the trustee would take steps. Examination continued : Mr Wallis let them have a pocket of hops, and a tank of malt, on which they paid £9 ; a balance of £4O was still due. His partner was a brewer by trade. Bradbury in his evidence said: When Parish and I commenced business, I had a trifle of capital—£2o or £3O. That was not sufficient, but we had inducement from Mr Martin, by his giving a cottage on the understanding we should convert it into a brewery. We had the cottage for nothing. We had a written agreement to that effect, but it wa3 lost. There were fresh arrangements to be made at the end of twelve months. We got the boiler from Mr Mills, the working tun from Mr Martin, and casks from other persons. Four weeks before we filed we agreed to give Martin 12s a-week for the brewery and a cottage. I took possession of the cottage, and remained in it till we filed. Mr Martin took possession of the brewery and its contents. The plant might be worth £SO. The only book we kept was a trade delivery book. By Mr Borlase : Martin undertook to take from us twelve hhds. a week, or all we could brew, but he would not take it because we would not supply it at a lower rate than ho was getting it elsewhere.

Mr Ollivier' submitted that this was a case in which the certificate should be suspended. His Honor thought the bankrupts were not as much to blame as other people. Mr Martin evidently wished to turn an empty house into a brewery, and offered them inducements to do so. It was not a bad case, but he would not discharge them at once. In reply to his Honor, Bradbury said that when they started Mr Martin undertook to take twelve hogsheads a week, but would not carry out the bargain unless they allowed him to have it at a lower rate than he could get it elsewhere. The case was adjourned. IN EE MATTHEW YEBE HODGE. His Honor, in this case, said that he had intended to have heard other similar cases before he had given a decision, in order to graduate his expressions of opinion respecting them. It was not, however, right to keep Mr Hodge waiting further, and he would give hia decision. According to the bankrupt's own account, he had shown a considerable amount of recklessness in his transaction with Roberts, and though his debts were not large, extended over four years. They were large in proportion to his income. It was not a case in which the bankrupt was free from blame for he had better have accepted the circumstances of his case and become a useful clerk. At the same time it was riot a bad case, and he (his Honor) would not be severe. He would, however, mark the sense of the Court, and show that the Court was not altogether satisfied, by suspending the certificate for three months from the date of adjudication, the 22nd of July. He wished to reserve the twelve month's suspensions for the worst cases. By this decision the Court marked its sense of the bankrupt's conduct by nominal supension for three months, but practically it was only one month, and at that date the order of discharge wouid be granted. This concluded the business of the sitting, and the court was adjourned.

Body Found.—The Patea correspondent of the Wanganui " Herald" reports that Mr Patterson, of Kakaramea, discovered on his farm the other day, some human remains lying amongst the fern ; they appeared to have lain there for two or three years. There was nothing but the bones and some shreds of clothing, boots, and a purse, which contained a small silver French coin. The remains are supposed to be those of a poor fellow named Doherty, who disappeared in a very mysterious manner from Eakaramea about three years ago; and although several parties were out for a long time in search of him, they were unable to discover any traces of him.