PAHIATUA DISTRICT COURT.

Wairarapa Age, Volume XXXI, Issue 9094, 21 May 1908, Page 7

PAHIATUA DISTRICT COURT.

(From a Correspondent.) A sitting of the District Court in "Bankruptcy was held yesterday morning befoie .His Honor Mr Justice .Haselden. In the case of Cornelius Sparkman, -of Eketahuna, for whom Mr T. M. : Page appeared, the Official Assigme had no objection to a discharge being granted. A discharge was granted accordingly. George Dixon (Mr J. 0. Lilly) .applied for discharge, and alter hearing evidence His Honor decided to suspend the granting of a discharge for six mcnt is, George Marley (Mr VYyvern Wil»son) was called on for public examinations There was no appearance of the bankrupt, and his counsel said he could not account for his (Mr Mai- . ley's) non-appearance. He had failed even to keep an appointment with counsel the previous evening. It was, however, possible that R,r Marley had miscalculated his train time in which case he could not be -""•"-present until the mid-day train. Counsel would ask that the case stai d , down and that the further summonses to show why Mrs Marley should not \ be asked to pay certuin monies into the estate be taken. Mr Liily, on behalf of the Official Assignee, pointed out that, by his non-appear- • ance bankrupt had practically committed contempt of Court, and he - thought that His Honor was jnstifitd in pruceedii.g with the case on the ce lin ;s. James Donald Wilson, Deputy Official As c ignep. was called and prcduced proof of claim for £l4B lis Jd to Joseph Henry Wagg, clerk, of Wellington, which money had been ;.d----vanced for the purchase of property at Ohakune, on the promissory nole •>of bankrupt, endorsed by Mrs Mailey. Mr lvilly, in the absence of the bankrupt, asked His Honor to accept the evidence of bankrupt's deposition in proof of the debts against Mrs Marley. His Honor thought the evidence was not admissable, as only evidente by public examination lould be ac- • cepted. In the circumstances c.f the bankrupt's absence, however, he would hear the evidence and see what could be done. At the same time noting counsel fcr Mrs Marley's objection. A proof of debt by E. W. Mills and Co., Ltd., was altered by permission of His Honor from £122 4s Vto £IOS. Mr Wyvern Wilson contended ♦.hat Wagg's claim stood practically on a dual position—viz., a claim on bankrupt's estate and also on Mrs Marley. It was possible that if the money were paid into the estate that Mrs Marley was stiil responsible for :-.t least the balance of the debt to Wagg. So far as Mills and Co.'s account was concerned, counsel contended that Mrs Marley was only responsible for . such goods as were used in the building on the property. Mr Lilly said the facts of the case could really only be elucidated by the bankrupt himself, and he would . ask that the case stand down until such time as the bankrupt could be publicly examined. His Honor adjourned both cases to the next sitting of the Court, pending proceedings being taken to com,pel bankrupt to attend Court. The Court then rose.