DISTRICT COURT.-This Day.

Thames Star, Volume XII, Issue 3885, 11 June 1881, Page 2

DISTRICT COURT.-This Day.

(Before Judge Macdonald.)

IN BANKRUPTCY.

BE BOBEBT KELLY, A^DEBTOB

Mr Brassey made an application to the Court to hare costs allowed to the debtor's solicitor, and paid out of the estate. Mr Brassey said al though he had received his fees, £21, from the debtor, be made the application as a formal one, and asked that the order be made for the Clerk of the Court to tax such costs, paid out of the money he (Mr Brassey) had received under the 7th iiule ; the balance if any, to be refunded to the estate. Mr Miller objected oa the part of the trustees.

His Honor garnted Mr Brassey's application. Mr Brassey also made an application to the Court under the, 107 th section of the Debtor's and Creditor's Act, 1876 for an allowance to be made to the debtor, his wife and family, and filed an affidavit in support thereof.'. Mr Miller opposed for the trust.pos on the ground that the debtor refused to assist in getting in his estate, and had conveyed away some of his property to his wife a month before filing. Mr Brassey replied " Yes! and Mr Miller prepared the deeds."

Mr Miller also contended that the application should not be granted because there were no funds in the estate.

His donor: What has become of them?

Mr Miller: They went partly to pay an account of mine against Mr Kelly a mounting to £39 odd.

Mr Brassey: You ought to have ranked as an ordinary creditor, and had no right to be paid in full. The trustees exceeded their duty by paying you. His Honor did not see what he had to do with property that Kelly had conveyed before bankruptcy, if the deeds

we*e bad the trustees had their remedy. He would order that a sum of £2 per week be paid out of the estate by the trustees, and suggested to the debtor that he should assist the trustees to get in the properly.