DISTEICT COURT.

Thames Star, Volume IIII, Issue 1744, 5 August 1874, Page 2

DISTEICT COURT.

THIS DAT. (Bafore Hii Honcr Judge Bkckham.) IN BANKRUPTCY. BB BICHABD. HALES.

The bankrupt, a gingerbeer manufacturer residing at Grahamstown; Ms liabilities amount to £56 and assets £27. The bankrupt appeared in person. Mr. Tyler, as amicus curaa, draw the attention of the Court to the informality in the papers prepared and filed in Court, and also that the forms provided by the Banbcuptoy Act to be gone through had not been complied with. : The Court said the 62nd clause directed that the petition skould be verified. He said bankrupt having left undone so many things required by law to be done, he would be unable to proceed to-day. The Court had no wish to oppress the bankrupt, but the absolute requirements of the Act must be completed. The omissions were, not mere technicalities,; but certain forms required.for the protection of creditors. It would have been better for bankrupt to have taken assistance. He would have to begin de novo. . „ | In answer to the Court bankrupt said he was a miner, made £2 5s a week, and had a wife and nine children. When' hii children were at work their and his united earnings were £3 15s. The Court said bankrupt's liabilities were only £56, and his assests were put down at £27. the bankrupt, should not have come there; he might have made an effort to pay off the balance by weekly instalments. The bankrupt,had better go and not come to the Court again;, , The following case was then heard :—? . , WOBKKAITV. SNODGBASS. This was a claim of £26 13s 4d balance of account for rent of land. Mr. Macdonald for plaintiff; no appearance of defendant. -.■.••; ' Robert Workman, sworn, deposed—That he resided at Shortland—-defeiidant resided at Tauranga; and had been some time in occupation of plaintiff's land at Ellerslie at a rental of: £40per annum.; He was owing £56 13s 4d, of which witness had received three payments of £10 each, leaving '■ a balance of £26 13s 4d, which amount was still due.

Judgmenkfor plaintiff for £26 13s 4d with costs. - : .

(The bankruptcy business yr as then resumed).

BB JOHN BBOWST

Thii was an application for final examination and discharge. • Mr; Miller appeared to object. Applicant had not been adjudicated a bankrupt, the requirements of the Act not haying been complied with in, this case within th« prescribed time. Applicant's liabilities were put down at £91; assets, £79. ;He said he had a wife and three young children, and he made about £1 15s a week.

The Court thought this was another case in which the applicant had no excuse for coming there. He appeared to want to be a bankrupt for the sum of £12. (It was here discovered that the item the Court had looked upon as assets was bankrupt's expenditure for six months: the assets'were nil.)

■;■ The bankrupt not having complied with the Act was informed that he would haye to;begin again.

BE 81.3£TJEIi TOTTNG. • Mr. Tyler wished to make an application in the estate of Samuel Young. He noticed Mr. Macffarlane,.was presnt. ', Mr; Macffairlane did not' thinV;i.p ; ,^as .required, v.v-'• ; . ■'„■■'■.■ iy L ...■■■/.. . ;.-;

The. Court thought Mr Macffarlane should have been notified if he was required.

Mr. Macdonald for the trustee objected. . N. 'i

Mr. Tyler said the circumstances out of which the /application arose had only taken place,during the last three or four days. His Honor would be here for a day or twoand the application could.be heard on a future day if more agreeable. Mr. Macfiarlane said ho must be at the Supreme Court to-morrow. The Court thought it might as well hear whit the application was, but certainly notice might have been given; Mr. Macdonald had no objection to hear what the application was, but his objection would still hold good if they did not .car© to meet itjat the present time.

Mr. Tyler said that the learned gentleman who had instructed him (Mr. Kinling) had told Mr. Macffarlafee that an application would be made to the Court respecting the appointment of trustee. Mr. Tyler said the application might be made ex parted He had no wish to state the application and have it postponed indefinitely. Mr. Kissliug, who: represented four-fifths of the creditors, had suggested that the application might be heard in Auckland, as some difficulty appeared to exist as to its being heard. The Court: Would it not be possible to arrange the matter without the intervention of the Court ?

# Mr. Tyler thought not. The application vras simply to remote the Trustee. Mr. Macdonald said if that were the case he certainly should object, as the application involved an attempt to remove an officer of the Court duly appointed by the creditors.

The Court inquired whether, the delay would not seriously endanger the proceedings of the bankrupt. Perhaps the Earned counsel would state the grounds on which his application. was based. Mr. Tyler did not know whether it would be advisable to' open his mouth unless it was agreed that the application should be disposed of. Mr. Macdonald said he was learning more of the case every minute, and would object. He noticed from the affidavit just put into his hands that the Trustee Was charged with devastation of the estate.

The Court said if they could hot ar-. range for the application to be heard in Auckland then he would adjourn the Court till next Tuesday week. Some further conversation ensued but nothing definite was arrived at.

Mr. Tyler said it would facilitate matters if Mr Macffarlane wouldwithdraw the opposition in another Court to the transfer of the license from Young to Brown. Mr. Macdonald said he should object. It was tantamount to saying—give us something and we will withdraw the charge of misconduct. The Court suggested an adjournment till Friday in order to see if an arrangement could be come to.

Mr. Tyler «aid there was not the slightest chance of an arrangement being come to. His clients intended to push the application for the removal' or.the Trustee to the utmost, because he had acted throughout in a way adverse !to the interests of the largest creditors. Mr. Macdonald indignantly denied such a charge, which was most improper and untrue. He protested against such charges being made. :: Mr. Macffarlane: Absolutely and positively false. [)■:. ;

Mr. Tyler repeated the charge. Mr. Macdonald said then he would have to repeat that it was most improper to make a charge of the kind against an officer of the Court, tobe published through the_preas, without, anyj proof whatever. (The arguments getting animated, the CouTt called the learned counsel to order; remarking that too much had been said). Some further conversation ensued, but no arrangement being come to, the Court said it would have to settle the question by adjourning the Court until Tuesday week." "■ ■ '■' :; ' '.'"■'; ■'■'". ' ;

Court adjourned accordingly.