At the Tolice Court, yesterday, Patrick Mahoney was brought fce'ore the Court, and remanded until Wednesday, on the charge of stealing a gold brooch, value £3, from the Ancient Briton Hotel. George Hulme was fiued 10s and costs for neglecting to keep clean his premises in Pollen-street. An application by Mrs Harrison a transfer of her licence from the Melbourne Hotel (burned down) to premises lately known as the Crown Hotel, Karaka, was adjourned until Wednesday.
An important judgment has just been given by the Court of Appeal in a matter of bankruptcy. The facts are simple. A creditor sues a debtor and obtains judgment. The debtor therefore files his petition in bankruptcy. The creditor proves against the bankrupt estate. The debtor gets the usual protection and passes his last examination. The creditor now proceeds upon the judgment previously obtained, and puts the debtor in prison. The question arises whether the debtor is not still under protection. The debtor, in t’le hope of release, asks for his discharge' from debts. He is told, however, that this will not cure the consequence of the judgment and execution obtained in another Court. The remedy is Dot to ask for a discharge in bankruptcy or a review of the judgment in the Court be'ow, but a special application to the Supicmc Court upon amdavits setting out the whole of the facts. Ultimately the debtor is released, and he seeks to bring an action for false imprisonment against the execut ; on creditor. He is, however, informed that an act for false imprisonment will not lie, as there was nothing to debar the creditor from using the fruit ot his judgment. This decision of the Court of Appeal points to some amendments in clauses 202 and 203 of the Bankruptcy Act Her aid
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/TGMR18720730.2.12
Bibliographic details
Thames Guardian and Mining Record, Volume I, Issue 252, 30 July 1872, Page 3
Word Count
298Untitled Thames Guardian and Mining Record, Volume I, Issue 252, 30 July 1872, Page 3
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.