DISTRICT COURT.

Thames Star, Volume VII, Issue 2584, 19 April 1877, Page 2

DISTRICT COURT.

(Before Mis Honor F. D. Fjsnton, Esq., District Judge.) In Bamuiuptcy. ■ BE EDWARD JOHNS.

This was kh application for final discharge under " The Debtors and Creditors Act, 1876."

Mi* Brassey, who- appeared, for : thfe bankrupt, stated that the creditors did not oppose the discharge.-, fie read -ah affidavit certifying that die notice that the'bankrupt would apply for his discharge had. been duly gazetted in the Evening Star and, Thames Advertiser. He had' not the gazette with him.

: • His Honor said tbat in future the gazette should be produced in Court. - Mr Brassey stated that there was no opposition. The certificate had' been filed. . Order of discharge granted. BE ,T. ELLIS.

This was an application for a final discharge of the bankrupt under the Debtors and Creditors Act, 1876; Mr Brassey appeared for the bankrupt, and said that he had filed the notice of his inability to meet his engagements with his creditors. At the meeting of his creditors the majority of number and value had granted the certificate of discharge. There was no opposition. . Order for discharge granted. BE E. BEINE.

This was ah application for the final discharge of the bankrupt under the Debtors and Creditors Act.

Mr Brassey appeared for the bankrupt. < He stated that the bankrupt had duly filed the notice of inability to meet his ! engagements with his creditors, but at the final meeting the.creditors had refused to grant him the certificate of discharge. The trustee's report stated that the bankrupt had taken up a mining lease at Oliinemuri and, bad been unsuccessful, and was now living from hand to month. Edward Beine, sworn, deposed—l had no property to give up at the time of filing my schedule. Order of discharge granted. BE 31. Mi.CMA.HOH. This was an application under the Debtors and Creditors Act, 1876. - -. Mr Brassey for the bankrupt stated that the usual conditions had been complied with, and there wa3 no objection^ The trustee's report stated that, the bankrupt had filed -some two years ago,-, and the assets tad been collected and divided amongst the creditors. The matter had stood over ever since.' \ ' Order of discharge granted. BE B. J. MOOEE. - . i . This was an Application for discharge under the Debtors and Creditors' Act, 1876. : . t ' ; Mr Brassey appeared for the bankrupt, andr stated that the necessary conditions had been complied with, but he had been unable to. get his discharge from his creditors. The trustee's repiort^was favorable to the bankrupt getting his discharge. There was no opposition. . Order of discharge granted.

EB G. E. WYATT. This was an application under the Debtors and Creditors Act, 1876,'. Mr Brassey appeared for the bankrupt, and Mrj Macdonald for the opposing creditors. t yMr! Brassey read the trustee's report, which stated that the bankrupt had no assets whatever. It also stated that the report that he owned•' a piece of land at Maburangi, was,not correct.

Mr Macdonald said he queried if the bankrupt was technically in a position to apply for his final discbarge, as the Gazette, had not] been filed' in the Court nor the fee paid! " . ' His Honor said he did not think the Act required the filing of the Gazette. ' E. Wyatfc, sworn, deposed—J came to the Court because I was pressed by my creditors. I have no property. I bare paid nothing for going through this performance, but my father has. I don't know how much he has paid: I filed because I wanted to make a fresh start. When I went to" Mr Clark to get goods I was perfectly solvent, at least I had no more debts than I could pay. I owe £159., ,1 1 first went to Clark about i nine month's ago, but I did not say that'l , owed nothing. I paid'him £40 odd the I first ; month I dealt, with him./ I did not tell him I had a farm at Mahurangi. My father has lived on the farm at Mahurangi for this last 20 years. I did not cause some horses to be sold at Buckland's sale yards the day before,l filed my schedule. - I -gave them up to Mr Dignan and another in payment of a debt. This' was about three weeks [before J filed. There were some cows in my place but they did not belong to me. I had the milk for the feeding of them. I have nothing at Hamilton's farm at all. I sold the dray, and one of the sleighs is at Ohinemuri, half way to Waitckauri. The harness went with the horses. The horses were not grazing in the paddock for two months before I took them up to Auckland. There are no debts owing to the estate. I lost money over a'contract for taking up Wick's machinery. I got about £120 for the job, but at the end I was a great deal out of pocket. I carted quartz afterwards, and gave Mr Clark an order to draw the money. I never told, anybody that I came into this Court because I wanted to do Clark.

By Mr Brassey —I filed because I was pressed by Clark and other creditors, i James Clark, sworn, deposed--I am'ar storekeeper carrying on business in Grahamstown. lam opposing the bankrupt's discharge. When I first- dealt with Wyatt I did not know him. He told me he had a farm at Mahurangi and some cows on it, and that he was in a position to pay cash. It was on that statement that I gave him credit. - • „•" By Mr Brassey—His wife told me also that he had a farm at Mahurangi. He paid me cash the first payment The ar- , rangement was that he was to pay me I every month and leave no balances. .By His Honor —I gave him the credit because, he said he had land at Mahurangi. I did not consult the Register of Deeds because I did not think of it.

Mr Macdonald addressed the Court pointing out that the bankrupt' had evidently filed to evade his creditors, as he could not get touched if, as he said, he

♦

had no assets, and arguing that the fact of the bankrupt sending the horses to Auckland was a " fraudulent preference." The affair should have been left in statu quo and decided by the Court, instead of handing alllhe estate over to a favored creditor. Had things been left in statu quo, the creditors would have had the opportunity of exercising their right over them. They would have had posjscssion, which was nine-tenths of the law. If the mortgagee had taken possession himself, Sir Wyatt could not be responsible for the horwwv? Btft itwas not so. Wyatt had taken them to Auck. land himself. Taking these 'fiiiqjti as true, he submitted that the bankrupt had shown fraudulent preference/" aE*JK> Mr Brassey, said .that even assuming that there was fraudulent preference, there was nothing to show groHncTfor"opposition, and nothing to show, that" there was any misdemeanour. The bill of jsale should have been produced if there was said.to be fraudulent preference. ,- ~ Mr Brassey said that it looked rery like a factious opposition.* -The"opposing"" creditor had gotf all the monies coming from Wick's contract, and forsootli that one creditor secured himself with the horses, the opposing 'creditor made an opposition. • -. ' ••?

Mr Macdonald remarked that two fraudulent preferences would not excuse one. „

Mr Braney then made application for the bankrupt's immediate discharge, orif the matter was postponed for furthercflF sideration: he would apply for mam* tenance. - .~ /■ v ~ Order of discharge granted," j • v«' ■. -• BTBWABT- UpßST.'"^^(i s Claim," £100,' money lent.' '/ Mr Maedonald appeared for the plaintiff- . *„ „. '" - James Stewart, sworn, deposed---In -March last I lent Francis Lipsej.two sums of money - £70 and £30, amounting to £100 altogether. - Judgment for the plaintiff £100, and costs, £8 11b. ( .'<..,,!;

"WINDING VV OBDKE

Mr Macdonald applied^ for worjler to wind up the New Exchange G.'MCo. He put in the affidavit of the .service of the notice. ' '"' '

The order was granted, appointing that a meeting of the creditors be held at the office of Messrs Macdonald and Miller on the 3rd May. " ''";-J J The Court then adjourned^