RELEASE OF F. WILLIAMSON.
BAXKKUX’TCV I'HOCKEDIXOS, At the District Court held at New Plymouth on Thursday, before Judge Shaw, the affairs of Francis Williamson, lately landlord of Mamitahi Hotel, came before the Court on the petition of S. Taplin,
storekeeper, Patca, that the debtor having failed to pay and having evaded service of summons, be adjudged a bankrupt. Mr Richmond, solicitor, appeared for the petitioner, anti, Mr Samuel for the debtor.
The debtor had been apprehended last Monday before daylight, on a wan ant, and was lodged in gaol at New Plymouth. He was not before the Court on Thursday, being represented by his solicitor, who said his client might consent to an adjournment, but he had not consulted him on that. Case adjourned till after-
noon. On resuming the case, the debtor was examined. Ho denied total ly r any knowledge of a process being issued for service on him, and knew nothing of proceedings against him for debt. He had
been staying at his mother’s house at Waitotara, and denied having gone away and returned secretly ; denied knowing the police had enquired for him at Waitotara j except thjrt he heard on two occasions the police had called at his mother’s house, but he supposed it was to servo some ordinary process. Ho had been taken into custody illegally, for he had never tried to evade service.
The farther hearing was adjourned to enable the petitioner to go to New Plymouth to give evidence as to evasion of service. Williamson was released on his own recognisance to appear at the adjourned hearing. The debtor’s presence, personally or by agent, was necessary to “ show cause” in the first instance why the proceedings in bankruptcy should not go on. Having been commenced, they can be completed irrespective of his presence. THREATENED ACTIONS. (Tcleyram from our New Plymouth, Friday Night. Francis Williamson was discharged from custody on consenting to file a declaration of insolvency, • Williamson’s solicitor said lie advised hia client to bring an action against the originator of the proceedings for illegal imprisonment, and an action against the two constables for assault and batterv.
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Bibliographic details
Patea Mail, 16 October 1880, Page 3
Word Count
354RELEASE OF F. WILLIAMSON. Patea Mail, 16 October 1880, Page 3
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