DISTRICT COURT.

Wairarapa Daily Times, Volume 6, Issue 1796, 24 September 1884, Page 2

DISTRICT COURT.

MASTERTON-THIS DAY,

[Before His Honor Deputy-Judge Wakdeli.)

The application of E, Naylor to be adjudicated a bankrupt was granted and Mr 'W. Sellar appointed to administer the estate, the public examination being fixed for next sitting. The application of Hugh Miller was then considered, Mr Bunny appearing for tho petitioner. Order granted, Mr Sellar appointed to administer the estate. Public examination fixed for next sitting. The application of Joseph Devonshire was then taken. Petition granted. Mr Sellar appointed to administer ostate, and public examination fixed for next sitting. The application of John Stone Crimp, of Pahiatua, was granted, Mr Beard appearing for the petitioner. Mr Sellar was appointed to administer the estate. Public examination fixed for next sitting, Tho petition of George Augustus W. Mills, miller, of Carterton, Tas then called, Petition granted, Mr Sellar was appointed to administer the estate and the next sitting of the Court fixed for the public examination,

John Hicks Corhett was then called and his petition granted. Mr Sellar appointed to administer the estate, The public examination was fixed for the next sitting of the court, James Toomatb, application for discharge. Mr Skipper for the debtor. The Clerk slated that no report by the Trustee had been lodged, The Court: How is it Mr Sellar, there is nj report? Mr Sellar: I was only appoiuled collector to the estate, Mr F. Gray is the Trustee.

Mr Skipper; There is no opposition to the discharge.

THb Court:—ls nut a roport necessary. ' Mr Skipper .—The late Judge held it to be so, but there is no rulo to that effect, The Court adjourned tho application. John Elley waa then called up for his public examination. Mr Sellar reported that Mr Elley was not in the district, and he had been unable to servo a notice upon him. The case was adjourned.

Daniol F. McCarthy, called, and not appearing, his public examination was adjourned. The Court—How long are these cases kept on the list 1 Mr Bunny-It had better be adjourned " sine die."

The Court-Very well. Daniol Knight, Continuation of public examination. Mr Board appeared for the creditors. No appearance of the debtor.

Mr Beard pointed out that the debtor was oxamined by District Judge Davie, and it would be inconvenient continuing the examination before another Judge, Ho suggested a special day being fixed and the examination taken " de novo." The Court said it would he a terrible business to take the examination over again. The case would be adjourned till October 8.

Mr Bunny applied for the Court to value the liabilities in the estate of D. F. McCarthy for calls on Bhares to the Theatre Eoyal Co, in accordance with the Act. A long discussion took place on the legal technicalities of the question, Mr Dalrymple appearing on behalf of the Company, The Court thought that before assessing the calls it required to he satisfied that the shares were an'asset in the estate. Mr Bunny held that the shares became forfeited by the Aot of Bankruptcy, Tho Court: Is tho. Trustee prepared to surrender the shares 1 Mr Bunny: Yes your Honor.

The Court suggested that the Company should prove for £l2los arrears, and the Trustee surrender the shares, Mr Dalrymple pointed out that Mr McCarthy was resporiaibla to the Bank of Australasia for a sum of 1200' borrowed by the Company. The Court; Perhaps the Bank will look to him for the money. Mr Dalrymple thought the estate should he contributory to this liability, The Court declined to take this view, and made tho order for the £l2 10s arrears to be proved,

Harvey & Sons. Mr Beard made application for the discharge of Messrs Harvey & Sons from bankruptcy, There being no opposition on the part of the Deputy Official Assignee or the public the application was granted K, H. Chinchen applied in person for his discharge, The Conrt: Have you given notice of your intention to apply 1 Applicant: Yes, at the last .sitting of the Court,

W, Sellar, Deputy Assignee, deposed that ho had tiled a reporf on the estate',' It! ansy/er to the CouH he said that tlje business dono by the debtor had not been adequate to hjs expenditure.

The Court; Did the debtor in the conduct of his business exercise reasonable care and prudence ?

Witness: Yes, your Honoi. The Court: You acquit the debtor of personal extravagance ? Witneßß: Yes, your Honor.

The Court; The discharge a granted,