Patea District Court.

Patea Mail, 12 April 1882, Page 3

Patea District Court.

Applications for Discharge

OPPOSITION RE W. WILLIAMS; The quarterly sitting of the District Court was held to-day, Mr Rawson (New Plymouth) being Judge. Bankruptcy applications were the only business. Mr Hamerton applied, on behalf of W, Williams, for a certificate of discharge, and submitted the recommendation to that effect passed by a majority of creditors.

Mr Barton, for Mr North as opposing creditor, contended that the application for ■ discharge was not properly before the Court, no legal notice to creditors having been given. He informed the Court that a notification had been advertised for the January sitting of this Court, but the forma! notice was not lodged with the Clerk three clear days before the sitting, as required. The result was that the debtor did not apply to. the Court in January. Now lie actually appeared without having notified the creditors by advertisement of his intention to apply at the April sitting of the Court. Clearly the creditors were entitled to the usual notice before a bankrupt applied for discharged It could not be pretended that the application had been adjourned from the previous Court, because it did not come before the Court in January for adjournment or for hearing. He objected to this mode of application, and intimated that other proceedings would be taken to .upset the arrangement come to by a majority of creditors, and abetted by the trustee. He said they were in league with the debtor to prevent Mr North getting twenty shillings in the pound, because they expected to be paid in full by an improper arrangement. Mr Hamerton replied to the legal objection, and ridiculed the imputations of dishonesty against a majority of creditors and against the trustee. The Judge ruled that the application ought to have been properly notified by advertisement for the preseiit sitting, and the application was therefore not before the Court, which had no jurisdiction.

Mr Barton then applied for a Judge’s order to compel the trustee to stop further payment of £3 allowed to the debtor.

The Judge said he could not interfere.

Mr Barton contended that it was his duty to interfere, to stop an organised fraud.

Mr Haraertoh replied thae the allowance had been voted by the majority of creditors, that this was a continuance of Mr North’s vexatious opposition, and that it was absurd to suppose the creditors and the trustee were all in league against Mr North to prevent him getting, his rights. The Judge declined to make any such order. He remarked that the bankrupt appeared to be in a happy position, having £3 allowed till his discharge. Mr Barton then applied for costs of opposing the application. The Judge granted costs, as the debtor had made default in not giving proper notiee of his application for discharge. Mr .Barton asked that the Court should “ attach ” the allowance of £3 a Orders of discharge were granted to: G, White, brickmaker, Tongahoe, G. A. White (father.af above), Patea. T. Rogers, tinsmith, Hawera. H. Pyke, carpenter, now of Patea. J. Tingey, painter, Hawera. Applications in the following cases were adjourned, the debtors not being present;, Edmund Doherty, Isaac poison, W. Barnes. week, to ensure payment of the day’s costs. The Judge declined to do this. When the costs were ascertained and taxed, a summons for debt could issue. The Court ordered that a statement of assets and liabilities, which had not been sworn to in proper form, should be duly filed. Mr Hamerton undertook to have this done.