SUPREME COURT.

West Coast Times, Issue 679, 27 November 1867, Page 2

SUPREME COURT.

INSOLVENCY JURISDICTION. Tuesday, November 26. (Before His Honor E. Clarke, Esq., Judge.) The Court opened this morning at eleven o'clock. BE ALEXANDEB MONTGOMEBT. Mr Rees, for petitioner, applied to have the hearing adjourned to the 23rd January, in order that a meeting of creditors might be called to consent to his final discharge. Insolvent, who was in Groymouth, did not appoar, and His Honor in granting the adjournment said that he should mark his sense of insolvent's conduct in not attending the Court by withdrawing his profcoofcion. BB W. L. BEGS. Mr Reid applied for an adjournment to 23rd January, to enable a deed of assignment to be completed. The Court granted the adjournment.

»B PHILIP iI'CAHTHT. Mr Rees for petitioner. Insolvent did not appear, and His Honor withdrew protection, and adjourned the further hearing of the case to the 23rd January. EE JAMES ALOXZO THOMPSON. Insolvent appeared in person, and applied for and obtained an adjournment to the 23rd January. EE SOUS GEOEGB HESLOP. Mr South said that on a previous occasion he had obtained an order of adjournment, but since then he had neither seen petitioner, nor had received instructions. Insolvent did not appear. His Honor adjourned the final order sini die. EE JAMEB O'bEIEX. Mr South said that iv this case he had formerly appeared as agent for Mr O'Loughlin. Since then he had | received no instructions, neither was insolvent here. _ Final ordor adjourned sinS die. EB ALEXANDER M'NAMATU. . A similar ordor was made as in the last case. BE CHABLES BROADBENT. Upon the application of Mr Reid, an order was made, appointing tho sequestrator, Mr Hardcaatle, trustee, upon the usual trusts. Mr Hardeastle said that it appeared by insolvent's ledger that he had collected L4l 19s, which he had not handed over either to him (Mr Hardeastle) or to his agent. Insolvent admitted that he had received the money, but he had paid it away in wages. Ho was not aware that he was doing wrong By Mr Reid— Until Mr Kenrick, the sequestrator's agent, came to me at Greymouth, I did not know that I was doing wrong in carrying on the business. Mr Rees submitted that there was no proof that insolvent intended to act otherwise than honestly. Mr Hardeastle said that this was tho estate in which a portion of the as3ots had been discovered on the premises of a person named Gundry when the promises were searched on a criminal charge. His Honor said that lie wished it to be generally known that insolvents disposing of any of their property after the declaration of their insolvency were liable to a criminal prosecution. The Court appointed Mr Hardcaatlo trustee and orderod insolvent to render an account of how the mouey had been disposed of, and adjoui'ned the case to tho 23rd January. BE IITAH MARKS. Mr Reid, for Mr Lewis, a creditor, applied for an adjournment, in order to propare tho necessary grounds of opposition. Mr South expressed his astonishment at this opposition, of which no notice had been given, and ho might mention that insolvent, having by deed given up the whole o? his propert} to his creditors, would never have had occasion to come before the Court at all had it not been for protection. His Honor said that the deed did not show upon the face of it whether the Act had been complied with. There was no schedule of debts attached to tho deed, and therefore he had no other alternative than to adjourn the hearing of the case to 23rd January, protection to bo continued. BE JOHN DETEBET. Mr Rees said that he had received no further instructions in this case. He would, however, a9k that the case be adjourned to the 23rd January. The Court granted the order. BE MOBBIS RUTiratTGEI,. Mr Reid, for petitioner, obtained an order for the appointment of the sequestrator as' trustee, and the adjournment of the case to 23rd January. BE W. D. BANKS. Insolvent iv person. The usual order was granted. EB W. E. JONES. Mr Harvey, for petitioner, applied for a final order of discharge. There being no opposition, the discharge was granted. *E T. ■. BOCHFOBT. On tho motion of Mr Rees, the Inspector of Bankruptcy was appointed trustee, and the hearing adjourned to the 23rd January. BE HE2JBT BEUNETH. On the motion of Mr Reid, the hearing of this case was postponed to 23rd January. BB H. 8. CASTLE, O. INGLES, AND J. E. SYMOKS. On the motion of Mr Harvey, the Inspector in Bankruptcy was appointed trustee, and the hearing adjourned to 23rd January. BB J. MTTLLIGiN. The necessary affidavits not having Leon filed, and the schedule being informal, a supplementary schedule was directed "to be filed, j and the case was adjourned to the 23rd January. BB J. BTTBKB AND P. Jt'HITQ-H. Mr Reid, for petitioners, applied for the appointment of Mr Har Jcastle as trustee, and that the case might be adjourned to 23rd January. Mr Harvey, who appeared for several Melbourne creditors, said that he did not wish to oppose the appointment of a trustee, but he wished to examine Mr Burke. John Burke examined by Mr Harvey — I am a draper. lam not now carrying on business for myself. lam engaged as a shopman with Mr Dowling, draper, of North Revell street. He opened business on last Thursday or Friday. He told me before ho went to Melbourne that he would engage me as hia manager, I do not know exactly when he went to Melbourne. I have known Mr Dowling for the last seven or eight years. He was an assistant draper whon I first knew him. I believe Mr Dowling ha 3 been in business on his own account in South Australia. Ho has been in Hokitika since August last. I met him in Melbourne accidentally, and ho came down with me here. • He had been staying with his brother in Melbourne when I saw him. He came down to Hokitika to open a business here, and he brought down some goods with him to defray his expenses. Ido not know what money he had with him when he came down. He is not related to me, but ho is a particular friend of mine. I did not pay his passage down, on the contrary he lent me L 8 because I happened to be short of money. Mr Dowling did not tell me that he bought L 5 worth of goods from Sargood, King, and Sargood, and could not pay for them. I was not with him when he went to Banks, Brothers, and Co. I did not see John Mulonoy yesterday. I recollect about the two bills. John Maloney is not related to me in any way. Mrs O'Grady received the cash in my absence. I believe she kept a private account of her own, and tho young men in tho shop kept their own accounts as a check against her. She kept her account on a sheet of note paper. I saw it when she gave mo tho money, and I also saw tho young men's account, and finding they tallied I never asked for the accounts. I kept no cash, and did not bank after I returned from Molbourne, because tho banks wore giving every information about me. Mrs OGrady is now with Mr Dowling. I have never scon a book kept by Mrs O'Grady, in which the receipts wore entered ; the young men kept a book for their own benefit. I have not got that book. I never kept any account of payments I made after my return from Melbourne, where I had been to make arrangements with my creditors. I did not hand over John Malonoy's two bills to tho sequestrator, because they were paid. When I came back from Melbourne, I found L 339 cash taken, L 220 of which I expended m taking up those two bills. By His Honor— l went to Melbourne in July. I filed my sohedule on 13th September. I took about L3lO with me to Melbourne, \rhioh I laid out in goods that I

brought back with me. I put those goods into stock, and they are there now. When I gavo up the goods, there was upwards of . L3OOO worth of stock. I kept no account!. After the valuation of my stock was made, not a shilling's worth of goods went out of my place. By Mr Harvey— l kept no account of the salaries I paid. I üßedu B ed to pay every Saturday night. I never paid Mw O'Grady at all, she got what she wanted in the shop, and it was charged to her. I do not know what she got. Maloney's two bills wero presented for payment some time after 1 came back from Melbourne. I made no memorandum of the date of payment, only took the bill — the bills have not been endorsed. Maloney was in Hokitika five or six weeks ago. Ido not know where he is now. Ido not know Henry Martin, we took a cheque from him, which I gave to Mr Button for the benefit of my estate, the cheque was on account of Miss Clara Bonbevan, of Revell street North. By His Honor — When I went to Melbourne, Mr M'Hughwas at Charleston. Our stock at Charleston was sold by Mr M'Hugh for the benefit of the estate. Mr Harvey applied for an order to examine Mr Dowling, on Friday next, at 11 o'clock. Tho Court made tho order. Mr Harvey said that in this case there was a compulsory sequestration made at the" instance of creditors ; subsequently the debtors filed their own petition, he would, therefore, apply that the costs of the petitioning creditors bo taxed, and paid up to that time out of the estate. The Court granted the application. BE DAVID ISAACS. On the motion of Mr Harvey, the .usual ordor was made in tliis case. BB JOUK KKOX AND ALEXANDER M'CAETHT. Ou the motion of Mr Rees, Mr Graham was appointed Trustee, and the cases adjourned to the 23rd January. BE PATRIOK HANKET. On the motion of Mr Harvey this case wos adjourned to 23rd January. The Court then rose.