MEETINGS OF CREDITORS.

Patea Mail, Volume VIII, Issue 1034, 14 May 1883, Page 2

MEETINGS OF CREDITORS.

JAMES HAMILTON,.MANUTAHT. A meeting of creditors in the above estate was held at the Court House this morning. There was a numerous attendance, and Mr 0 F Barker was voted to the Chair. The following proofs of debt were handed .in r—W Gallagher £26 6s ; W McCaul £6 4s 6d ; J O’Sullivan £l7 ; J Slater £24 8s 6d, F R Jackson £l7B ss, 0 F Barker £3B 13s sd, Nolan and Co £368 6s, Drummond and Alexander £l2B 9s lid, H I Jones £2 16, W Ritchie £325, G Potto £l6 10s 6d, Jas Nicholson £75, G D Hamerton £2 15s sd, R Mcßae £2O, R W Brodie £54 7s, J Maxwell £ll6 13s 4d, John Patterson £2B, H A Arthur £55, D Tosack £25 16s. Mr Nolan, the assigner of the estate, made a statement in effect, similar to that at Hawera, and already published. He heard, to-da3 r , that there was some seed in the and it was coming on splendidly. There were some lambs also, but he could not say if they could be got. The horses bad not been sold, but the bank held a lien over them. Mr Gibson asked if a list of property had been handed over to the trustee. Mr Nolan : Yes, it included a lot of grass seed bqt the number of bags was pot

specified. A bailiff was put in charge and an inventory taken. There were 37 sacks grass seed. Mr Gibson asked if the property was still there. Mr Nolan could not say if it had been remoyed. A discussion took place over a sale note which had been given by debtor to Mr Briglitwell, of Wanganui. Mr O’Sullivan contended that as it had been .registered after the failure, it was no good. Mr Nolan said that the note was given before the failure, hut whether the subsequent registration was valid or not, he could not say. Chairman : There has been no bailiff in charge of the property since the assignment lapsed. Debtor did not turn up till after 12 o’clock, and his examination was then proceeded with. Mr Caplon, of Hawera, was also present on debtor’s behalf. In reply to Mr Nolan, the debtor said— I have no security to offer at present. Possibly I could get the money or endorsed hills, but lam not sure. The 37 sacks grass seed that were mentioned in my statement are on the farm still.: At-the time of tlie assignment there was more., I could not say how many sacks, hut I sowed 40 acres at a bushel and a half to the acre. Previous to sowing any grass seed, I asked Mr Nolan’s permission. A cart had been’ taken-away hut not; returned. I lent the cart, and it can be got hack any time it is wanted, I met the cart on. the Toad this morning. I told yon myself that Slattery had it. You said that Slattery's man had stopped you and told you that the cart belonged to the estate. I told Slattery’s roan several times to return the cart. I only lent the cart to bring down a load or two of bricks. I told Slattery ho had roy permission to take it. 'I told the bailiff afterwards that the cart would be all right. I made no charge for the cart. To Mr Ritchie : Creditors would get the benefit of the sowing and ploughing, if I get matters settled. I could not toll who will get the present benefit. Mr Nolan gave his full consent to plough and sow (he grass seed. I have only ploughed from 10 to 12 acres since the assignment. I think I could pay 20s in the £ in two years. I have no oilier moans of paying this money except by farming. I could mot say if the affair would be under my management. 1 : To Mr Reegan : I did not get permission ‘fronv Mr Nolan to cut firewood. I was newer willing to sell you a mare. I did not-say she was mine. I did not say I had no other way of paying your wages than by selling her. I did not tell you this in Peacock’s paddock. I never offered to sell any colt for your wages. I do not remember offering to sell you colts, I have but one colt of my own. To Mr Barker : I have no lease, agreement to rent, or any title whatsoever to the farm I have been occnpj-ing lately. I pay no rent for it. The property belongs to my father-in-law, as far as I know. I have built, within, the last twelve months, upon a portion of the farm. ißpuchly, the buildings have cost; me from £4OO to £6OO. The owner of the property has not paid anything towards the erection. The whole cost of the buildings has been paid out of my creditors money. The buildings are not finished yet. The house is almost completed. When the house was building I had 175 acres of crops, and if they had turned out right I would have been able to pay all that was due. My father-in-law has no interest in farming my part of the farm. One half belonged to my sister-in-law. I had the right of grazing the whole of it" but if-1 wanted to crop I had to get permission from lien My sister-in-law was not a partner in the working of the farm, We were distinct. There are no papers in existence showing which is my half of the farm. There is a plan dividing the land into two halves which i go by. By Mr O’Sullivan : I sold a roan colt by President to John Delaney. Mr Maxwell received part of the money. Delaney did not give me £5 in the Kakaramea bar. Delaney took the coll after I gave the receipt” on Maxwell’s authority. I had power to sign for Maxwell before and after filing. I do not know who has got the colt. I had part of tlie money. I did not tell John Delaney the coll was my own. Two men named O’Hara and Gordon bought two colts on the same day. They were Maxwell’s. An adjournment for half an hour here took place.

4C On resuming at 2 o’clock, the debtor’s Examination was continued. To the Chairman—l have purchased land from McArthur section 892, Woodviile at £8 per acre. £3OO was borrowed on it by McArthur from Sclanders & Co., Nelson. Over and above the £3OO, I paid the interest that was due, and rates. £l4 by cheque and the balance by bill at four months. I did not put in the list of assets because I did not think it worth while. I shall be quite willing to amend statement, I have no title to the laud until I pay the bill, and I arn not in a position to pay the bill. The amount 1 paid by cheque was given as a deposit on the property. I stated at Hawera that I defaced my brand on. the sheep and placed my sister-in-law’s brand on the sheep. One-thiid of all the sheep I had got at that time belonged to my sister-in-law. The sheep were branded with iny sister-fn-law’a brand before my assignment. 160 ewes and 58 hoggets were hers as near as I can remember. The ewes -were running with rains ; Miss Maxwell had not bought rains. The ewes were not running witli rams belonging to me. The rams belonged to Miss Maxwell. I have receipt for money but I could not say what amount Miss Maxwell told me. I think I got about £ll for two rams. Miss Maxwell paid me by cash I think about Februarj'. To Mr Ritchie ; It is impossible for me to show that I was solvent at the time of building. To Mr Gallagher : The house belonged to me', at least I built it. To Mr Ritchie: I did not put it in the assets because I had no title. To Mr Gibson.—l gave a bill of the Bank of New South Wales over what stock belonged to me. I gave a correct number of my sheep that were on the farm. From this number I should know the number of sheep that belonged to me, and those that belonged to Miss Maxwell. J gave an apportionate number of cattle, because I had not mustered. The sheep had just been sheared, and I knew tbeii number. I gave the correct number of horses, 9. The sheep numbered 350. To ilse Chairman — The bank took possession of 693 sheep and 13 horses. To Mr Gibson : When I left Wanganui my father-in-law knew my financial position. I did not have conversation with Mr Maxwell relative to my financial position until the daj r before I assigned, Mr Maxwell understood I was going to build. This'was'shortly after coming up here. 1 knew at that time I had no title to the land. I have been eleven years in possession of the place. About 1873 I put up a building ; Mr Maxwell kqew about it.

He knew lint the prc'-sml building was being erected b; c;imsi• h■*h id hot-n up and scon it. Debtor : I stated it, tin; llawora meeting tint the b-i-hiu nf tin money of the roan colt, sold io !) -lan-’y, of Mr Maxwell’s namely £5, tbit I sent down to Wanganui to Mi Maxwell, enclosed in a letter, I wish to correct this by saying that Mr Maxwell was at Manutahi at tlie time, and he made a present of the money to my wife. To the Chairman : I sold grass seed to Mr Parsons, but it was before my assignment, It appears in the assets. To Mr Hamerton : All the cattle'on the farm are differently branded. Miss Maxwell has her own brand. In selling cattle I would sell part of ber’s and part of mine. I state that I sell distinct cattle for each person. I never bought for Miss Maxwell. She never bought ; all she had was the natural increase. Two or three others.can identify Miss Maxwell's cattle on the farm. Their*names are William Wallace and James Nicholson ; Miss Maxwell can also identify her cattle ; there are some horses of hers ; three, four dr five of Miss Maxwell’s horses came from Park head. There are three and a foal one not branded. Miss Maxwell and Mrs Hamilton’s sheep were brought, from their father’s place originally, about 40 of-Miss MaxwelPs*sheep- went on the farm | no more have been sent. That was the end of ’72 or the beginning of ’73. I think I can trace these 40 sheep to the present time ; I think I have records. . The .benefit I received for managing the farm was that I was allowed to run two head of stock to their one. I never agreed to pay any rent, and Mr Maxwell never claimed it. Ever since 18731 have occupied the place on sufferance. During the last four months 1 have sold no cattle to the Maxwell’s. I paid them £lO4 about 5 or 6 months ago. I s<nt Mr Jackson’s cheque down, I have paid small sums since. The Bank has kept the wool money. I can p reduce statements showing how previous wool money had been disposed of. Willi reference to the sale of the colt to Delaney. I received five shillings deposit. Afterwards I received £4, and then £5. I gave receipts in Mr Maxwell’s name. He paid balance by degrees, and took away the horse the Sunday after I assigned. .1 spent the money’on behalf of MrMaxwojh Maxwell said that wo could keep the Balance. ■ I can produce statement of accounts with Mr Maxwell in respect of the horsed Of the £250 received from Mr Nolan I handed back £2OO and receipts for £SO. Mr Maxwell did not authorise mo’to buy the grass seed from Mr Gibson. [At 3.80 the debtor was still under examination.] ANDREW YOUNG, KAUKOPONUL An adjourned meeting in this estate was hold (his afternoon, Mr Nolan (Chair), It was proposed by Mr Nolan, seconded by Mr Doneghue, and carried, “ That Mr R CTenncnt be appointed trustee.”