DISTRICT COURT, GRAHAMSTOWN.
Tuesday, Dec. 11), 1871. [Before Thomas Beckham, Esq., District Judge.] IN BA N Jv R U P T C Y. IN EE TJiOS. SCANJ.AN. This was an application for discharge. The liabilities were set down at £571 4s 3d, and assets at the same amount. Mr Tyler said he appeared to oppose this application on behalf of Mr Hickson, a creditor to the amount of £2O, on the ground that the order of adjudication was a nullity, as no act of bankruptcy had been committed by the bankrupt upon which it could legally be made, as the provisions of the Act had not been complied with as to the time which must expire after notice has been gazetted before tile debtor shall be deemed to have committed an act of bankruptcy by filing the declaration. In this case he (Mr Tyler) contended that an adjudication order had been obtained without the debtor having committed any act of bankruptcy. Mr Lascclles, for the bankrupt, argued that the sections quoted by Mr Tyler did not bear the interpretation contended for by him. His Honor ruled that Mr Tyler’s objection was sound, and that the order was obtained under a misconception, and must therefore lie annulled. Mr Tyler asked for costs. His Honor said, how was a bankrupt to pay costs ? Mr Tyler said Scatilan was not bankrupt. His Honor : No ; but lie proposed to be. Perhaps the question of costs had better stand over. The case was then struck out. Mr Lascclles expressed an intention of possibly appealing to the Supreme Court. IN HE LOUIS men. Mr Tyler for bankrupt. This was an application for discharge.
The bankrupt’s liabilities were set down at £521 2s 7d ; assets, £l7l 4s 4d. The report of the Inspector was satisfactory. The greater portion of the debts were contracted at Addison’s Flat. There was no opposition ; no creditors had proved. The Court granted an order of discharge. IN RE THOS. W. JONES. This was an adjourned case. The liabilities were set down at £2lB 19s; assets, nil. On the application of Mr Tyler the case was again further adjourned until the 6th January, to give time for receiving a communication from creditors residing at Sydney. IN RE WILLIAM REED. Mr Miller for bankrupt. The liabilities in this case was set down at £57 ; assets, nil. This was a final application for discharge. There was no opposition, and the discharge was granted accordingly.
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Bibliographic details
Thames Guardian and Mining Record, Volume I, Issue 64, 20 December 1871, Page 3
Word Count
409DISTRICT COURT, GRAHAMSTOWN. Thames Guardian and Mining Record, Volume I, Issue 64, 20 December 1871, Page 3
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