DISTRICT COURT.

South Canterbury Times, Issue 2125, 14 January 1880, Page 2

DISTRICT COURT.

TIMAEU.—YESTERDAY. [Before His Honor Judge Ward.] IN BANKRUPTCY. In Be John Wilson. Application on behalf of the trustee of the estate set aside a certain deed of settlement by which the debtor had secured certain property to his wife. Mr Austin appeared on behalf of the application, and Mr Hamersley to oppose it. The case occupied a considerable time in the hearing, and involved a good deal of technical argument. In summing up, His Honor briefly referred to the evidence before him ; So far as had been ascertained this went to show that the debtor was solvent at the time he made the transfer in question, unless it could be clearly shown from the form of settlement, or the surrounding circumstances, that fraud had been intended, and this had not been done, the rule must be discharged. The plant and horses in Wilson’s possession at the time, together with the debts due to him for a contract, were sufficient to clear off all the debts he then owed, and whatever debts were incurred subsequently were incurred in the ordinary way, and nothing had been done with a view to pay off one set of creditors by substituting another. His Honor then ordered the rule to be discharged. Mr Austin applied for costs, and after some further argument, His Honor decided to grant them. APPLICATIONS. In Be Tate and Hall v. White. Mr White applied for costs of Mr D’Oyly, a witness, to be settled. Application granted. Costs iixed at £4 10 s. Mr White applied for probate of the will of the late Robert McDonald Waitt. Granted. Mr White applied for an order under the Debtors ami Creditors Act to declare a deed of arrangement between AV. J. N. Upton and his trustees duly executed. Order granted. Mr White applied for a rule nisi calling on Robert Rutherford to pay over to the trustee of the estate of Mackay and Fraser .£490, the value of stock and plant sold or detained by him belonging to the trustee, Alexander Spalding. The rule was granted, returnable on Jan. 23.

Mr White applied for an order forjthe prosecution of one John Coll a debtor, under clauses 1,2, 4,5, G, and 9of the Fraudulent Debtors Act, 1878. Order granted. Tire Court was then adjourned to Jan. 23.