DISTRICT COURT.—Yesterday.

Thames Advertiser, Volume VII, Issue 1884, 6 August 1874, Page 3

DISTRICT COURT.—Yesterday.

(Before T. Beckham, Esri., District Judge.) Kobeet Workman v. John Shodflu ass. —This was a cWim for £26 13s 4d, use and occupation. -Mr Macdonald for the plaintiff. Defendant did nob appear. —Plaintiff deposed that the defendant, John Snodgrass, resided at lauranga. He occupied land at Ellerslie belonging to plaintiff at a rent of £40 per annum. He received part payment, leaving the balance of £26 IBs 4d due.—Judgment for plaintiff with costs £5 4s. IN BANKRUPTCY. Re Richabd Hales.—The liabilities in this case were £56 5s 3jd, and the assets, consisting of book debts, £15 Is 4d, leaving a balance of £413 i Bankrupt was formerly a ginger beer manufacturer and fruiterer, but is now a working miner. He was never able to make headway, having a wife and nine children. One creditor had proved. Bankrupt now appeared to pass his last examination and apply for his discharge.— Mr Tyler, who did not appear for the bankrupt nor for any creditor, but as a practitioner of the Court, called the attention of the Court to the fact that the papers filed were not such as should be filed in conformity with the laws of Bmkruptcy. < An affidavit, which he produced, was bad as the place at which it wgs sworn was not stated in the jurat, the solicitor, before whom it was sworn, pointed out this at the time. He also objected that the petition was nob properly filed, as it was not stated in it that the petitioner had resided for six months previously in the district. Without this the Court could have no jurisdiction. The petition was not verified by an affidavit. I'here were other matters which ho might point out, but there was sufficient before the Court to show that the laws of bankruptcy had not been complied with.—-His Honor pointed out to the baakruptthat having left undone so many things required to be done by the law; he could not proceed to-day. The Court had no. wish to oppress him, but it was absolutely requisite that these should be complied with. It was a great pity he did not take advice or get assistance. He would have to begin de novo. ,The Court could not recognise the papers produced. Flie bankrupt, in answer to the t'ourt, said that tlie whole income of his family, when at work, was £3 IS*. -The Court thought there was no necessity for his coming at all. The debt was a small one, and he ■ought to pay his creditors. He must go. JiE John' ]3eowne.—The liabilities wore £90 lis 6d, and the assets, nil. Bankrupt appeared to pass his final examination and apply for his discharge.— Mr Miller, as " another friend of the Court," pointed out similar errors in this case.—His Honor expressed his indebtness to the gentlemen of the bar for drawing his attention to these matters.— Mr Miller said he thought it the duty of solicitors to draw the Court's attention to these matters. The bankrupt was not properly adjudicated a bankrupt, not having taken the requisite proceedings to commit an act of bankruptcy within the requisite time. — Bankrupt was examined by the Court. His weekly income was about £1 15s. The Court pointed out that he had not complied with the Act, and would have to begin again. It would ;be well for him to take advice. The application was struck out. ! itE Samuel Young.—Mr Tyler made an application, as Mr Macffarlane was here present in, the estate of Samuel i'oung.—Mr Macffarlane said that he had no notice.—Mr Tyler admitted that notice should have been given, but the circumstances only arose within the last few days, He would, with the Court's permission, make tho application to file tlwaffidavits,.and the Court mi^ht hoar

the application to-morrow.—Mr MactFarlane said he would have to be in the Supreme Court to-morrow. The Court sat so seldom that they wished to rake advantage of his presence.—Mr Mac* donald, for the trustee, objected to its being heard to-day, but on hearing the application he would consent to its being heard to-morrow.—The Court suggested that if the matter was of great' importance he might adjourn the.Court for a fortnight,—Mr Tyler said that if the Court could not hear the ease before then the object which they had to attain would be lost—Mr Kiasling, who appeared for the largest creditor in the estate, suggested that the application might be heard in Auckland. The application was , for the removal of the trustee.—Mr Macdonald said, that being the case, lie must insist on having every opportunity of giving the thing his. closest attention. He rrquired o.very latitude, for a charge , : - of the most serious nature was made against the trustee, " Devastation of the estate."—The Court said if they could " not arrange to have the application heard . in Auckland, he would adjonrn the Courts until next Tuesday week. He would not, be leaving here umil Friday, and they, could make Bome • arrangement in the. meantime. He would acquiesce in whatever arrangement tliey arrived at.—Mr Tyler said, the difficulty was with regard to the transfer •of . the license. of ; the \ Court-house. Hotel. If Mr Macffarlane would withdraw his opposition, the matter might stand ovor.—The Court adjourned until Friday, to give them aa opportunity of coming to an under-' standing^—Mr Tyler said there was no likelihood of any arrangement which would remove the matter from'the Court, t hey would press for the removal of the trustee, if only.on the ground that he had n actecl adversely' to Kyan, Bell' and ■ Co. 'ia ! '' the interest of the minority of the creditors.—Mr Macdonald said that they indignantly denied the charge. It was a statement which should not have been made. He (vlr Macdonald) should object to taking the case on. Friday.. It would be unfair to Mr Macffarlane, who was going away to-day.—The Court then decided to adjourn until Tuesday week, • •