DISTRICT COURT.

Wairarapa Daily Times, Volume 5, Issue 1442, 28 July 1883, Page 2

DISTRICT COURT.

MASTERTON.-FRIDAY.

[Before His Honor Judge Hai:doastj,e.j

Hosking v. Stevens— Continued.

Mr A. Bunny gave evidence to prove the various agreements which he desired to put into Court; also that he had ascertained that the certificate of ownership was not granted, because a proper plan of the property had not ' been lodged at the Native Office, and had consequently communicated with defendant as solicitor to the plaintiff. C. B. Morrison, law student in the office of Mr Bunny, proved that he served copies of notice in the action on the defendant in Wellington. Defendant stated that he did not consider he was under an\r obligation to appear. He had written to Mr Bunny on the matter.

(}. M. Park, telegraphist, Masterton, called, deposed that he had been eighteen years in the service. Original telegrams since February, 1881 were kopt for a period of twelvemonths, and then desfcroysd. Previous to that period they were kept for throe years. The Court decided to admit secondary evidence of telegrams received by the plaintiff's solicitor. Tho telegram of s defendant to plaintiffs solicitor, asking him to have the Te Weraiti survey completed at the lowest possible cost, was then put in, The Court gave judgment for plaintiff for £45, and costs of Court £2 5s ; witnesses' expenses £l 2s, and counsels' fee £3 3s. BANKRUPTCY SITTING. C. F. Worth applied for his discharge. The Court: Do yOii appear without aselioitor? The debtor: Yes. The Court: There in no report of Trnstee filed.

The debtor: The Trustee refused to sign a report, The Court: I cannot grant an order of discharge without the Trustee's': report. M. Caselberg, trustee in the estate, was then sworn. /''V'v Debtor: Why did yon not sign -&>[ report presonted to you recommending my discharge? ■ .■ i ) -/' The Trustee: I convened a meeting of creditors and only Mr R. V. Smith, one of'the, largest, creditors, attended. T held proxies from others. Mr, Smith .j opposed the discharge. ' Th,Q Pourt: Has any notice of opposition; been filed ? If not, I cannot hear it now. The Trustee: I informed Mr Smith ■ that he could oppose when the debtor. applied for his discharge, and thought;; he-intended doing so. The Court: Why have, you, not reported, Mr Caselberg, as. tion of the estate? • ,'. .'.;'.', The Trustee: I have filed-a balance-} sheet. ■-. ■'■{< The Court; What I want is a report' on the conduct of the debtor and whether the causes were. proper ,or improper, which led up to his bank ruptcy. The' Trustee: My experiences are somewhat unpleasant in this case 1. " ' The Court: I want the official report filed so that' the debtor may have an opportunity of meeting it. I do not want yonr. experiences now.

The debtor: Would you have signed my certificate but for the opposition of Mr Smith 1

The Trustee: I might have done so in the first instance, but circumstances which came later to my knowledge would have prevented me recommending your discharge in my capacity as trustee,- though as an individual creditor I would not have opposed it. .The Court: The application is adjourned till next sitting.

James Peters the younger, made an application for a discharge. ■ Mr Bunny appeared for the debtor by request of Mr Sandilands. The leport of the Trustee was read recommending the discharge of the debtor, and the usual order of discharge was made.