SUPREME COURT.

New Zealand Times, Volume XXX, Issue 4395, 21 April 1875, Page 2

SUPREME COURT.

BANKRUPTCY SITTINGS. Tuesday, Apbil 20. (Before His Honor Mr. Justice Johnston.) His Honor took his seat on the bench at 11 o'clock. BE JOHANHES GRAFF. Mr. Izard moved, in accordance with the 222nd section of the Bankruptcy Act, to have the estate re-vested in the bankrupt. The circumstauces of the case wdfce peculiar. It appeared that in consequence of certain partnership complications, Graff was compelled to declare himself insolvent, and on the 25th February, 1573, his estate was vested in the provisional trustee. The estate had liquidated all the debts proved against it, and a balance remained in the hands of the trustee. There were, however, some unproved debts, which he had reason to believe had been settled by the bankrupt's partners, who were perfectly solvent. His Honor said it was unnecessary that the Court should trouble itself about unproved debts. He was bound to act in accordance with the language of the Act, which took cognisance only of debts proved. The Court had no discretion in the matter. If the debts proved against the estate had been discharged, the surplus and the estate must, of course, revest in the bankrupt. Order made accordingly. BE ROBEBT MARTIN; EX PABTE EDMONDSON. Mr. Gordon applied, on behalf, of Mr. Edmondson, of the firm of Edmondson, Sellar and Co., to have a deed of arrangement, made by Robert Morton, of Greytown, declared to be completely executed in accordance with the 261 th section of the Act. The deed conveyed the real and personal estate of Morton to Edmondson, who covenanted to pay the remaining creditors 2s. 6d. in the pound. His Honor inquired whether the necessary affidavit had been made by the bankrupt.

certifying that he bad resided for six mouths in the judicial district within which the bankruptcy took place. Mr. Allan said thero was no affidavit to that effect, but Mr. Morton was present, and could satisfy the Court upon the point. His Honor doubted whether he could take viva voce evidence of the fact. It ought to appear on the papers. Mr. Allan said he would have the necessary affidavit prepared at once. A short discussion then ensued upon an ambiguity in the affidavit as to the preparation of the certificate, his Honor remarking that it must in all cases be shown clearly that the deed of arrangement has been executed by a majority in number of the creditors, representing three-fourths in value. The application was granted. HE JAMES KNOLES CASTAWAY. Mr. Allan applied for the final order and discharge. Bankrupt had been a cook on board coasting steamers, and had entered upon small contracts iu his particular line of business during his residence in Wellington and Nelson. In these transactions he had made bad debts, and having also had bad health he was compelled to seek the benefit of the Act. Final order granted. BE WILLIAM CROWTHEK. Mr. Allan made the usual application for the final order and discharge. Bankrupt is a wellknown boat-builder iu Wellington, and had for many years been tolerably successful in business, but having while on a visit to Melbourne, two years ago, been struck down by paralysis, misfortunes had since crowded upon him. He had had frequent attacks of paralysis, and was, in. fact, utterly unable to follow his visual avo&tion. His wife now kept lodgers as a means of support. Final order granted. I KB RICHARD BOND. Mr. Allan applied for the final order and discharge. Bankrupt stated that he was lately a builder, trading in partnership with a person named Bowater. During their connection, they made many losses, .which were attributable to the erroneous calculations of Bowater, upon whose judgment bankrupt entirely relied. Was only twenty-five years of age, Bowater being thirtythree or thirty-four. They were working together on a job, and bankrupt had no idea of entering into business until Bowater asked him to do so. Bowater made out all the estimates, and sometimes one handled the money for a contract and sometimes the other. Bankrupt, however, never received any profits out of these contracts. All he got was wages. His Honor said there was a good deal of this kind of thing being done throughout the country, and it was important that people who entered into contracts in this manner should understand that if persons without capital would associate themselves together for the purpose of taking contracts at a low figure, thereby keeping people with small capital out of those contracts, and running great risks themselves, they must not take it as a matter of course that they would pass through the court without some sort of punishment or some just reprehension of such a system of trade. He did not say that the present was a case in which the bankrupt had embarked unwisely, but he wished it to be distinctly understood that persons without means and without experience were not at liberty to rush into -speculations in building or anything else without a reasonable prospect of carrying them through honestly. A wise provision in the law had been made to meet such cases, and he wished the fact to be known, in order that it might act as a caution to the particular class to whom these remarks were addressed. Final order granted. SUPREME COUBT ARRANGEMENTS. Mr. Allan inquired whether it would harmonise with his Honor's other engagements to hold a sitting of the Supreme Court upon his Honor s return from Wanganui, a 3 he had a case he was anxious should be dealt with at the earliest possible date. His Honor said he knew so little about the Supreme Court arrangements that he could give Mr. Allan no reply. In regard to himself he was not much wiser. He had to return to Wellington to attend the Court of Appeal, but whether he would have to act as Judge of the district he could not say, as he had had no intimation on the subject at all. The Wellington district was still assigned to him, and, as Mr. Allan must be aware, he had the Canterbury and Hokitika district assigned to him also ; but as to whether he would be able to Bit in banco or not after his return from Wanganui he could not say. If Mr. Allan wished to get any case ready for the Court of Appeal, he might say at once that that would be quite impossible. Mr. Allan said it was unlikely that the case to which he had alluded would go to the Court of Appeal. The Court then adjourned.