Masterton District Court.

Wairarapa Daily Times, Volume IX, Issue 2985, 24 August 1888, Page 2

Masterton District Court.

THURSDAY, AUGUST 28,

Official Assisseb v. Wml Hull. . This was, an action in which the Official Assignee applied for an order of the Court to compel the bankrupt (Hull), to hand over a certain deferred payment 'section atjPahiatua, for the benefit of his creditors. Mr Bunny appeared for, the assignee, and Mr Beard for the Bankrupt. William Hull, the defendant, gave evidence as to his being the bankrupt alluded to. He was made a bankrupt by Messrs J. Dutliie'and J; 'Myers;, of Wellington, His liabilities at .'the time to £ , and his property was valued at £250. The first meeting of his creditors took place at Pahiatua on the Bth November, 1887 i Had spent in labor and capital £2OO on the property, and was : made a bankrupt on the 31st October, 1887, Met all payments under his license up to January Ist, 1888. Has never resided on the land, nor has the condition of residence' been dispensed with by the Land Board. When the statement was filled in by Mr Mansfield; the ex-deputy official assignee, witness objected to.it, but was told he could rectify it later on, whon lie had procured ihe services of a lawyer. Prior to his bankruptcy, he had spent £l5O on the property.' When asked for the license by the Deputy Offioial, it was not in his possession. • The property was.niade over to Ms wife as he thought of going to Kimberly. ~ Mr Beard submitted that under sections 114 and 119 of the Land Act', 1885, the defendant was not compelled to hand over the section fo'fle' benefit of his creditors, nor: had tlid' Official 'Assignee any right,to,, claim- it.]-The Act was clear in this matter. '.,..'.'.

\ Mr Bunny thought if Mr Board's interpretation was a correct one, * then it opened a wide door for tho perpetration of fraud, and selectors could contract debts with impunity. , .'...- His Honor would like to have it clear as to whether the bankrupt had complied with all tho conditions of his license.

The bankrupt was then re-called and stated {hat £125 had'been expended in bußhfalling';arid' £6O 'in sowing grass. seed. ; Between eighty and ninety acres had beeh felled and brought under, cultivation. Neither buildings nor fencing had been erected. His Honor thought the whole of the. conditions had been fulfilled with the'exceptiou of the bankrupt residing on tho land, _ Mr Beard submitted that the conditions, not only as regarded residence, hut also with 'reference to the payments for the land had not been carried out. As these conditions had not been fulfilled, the Court had no jurisdiction to make an ordes to compel the bankrupts assign his property' over to the official assignee. , After further argument, His Honor reserved judgment;: ~,,

FRIDAY; AUGUST 24; - ..! CIVII, CASH. W.B.BuickvP..Ca i rr, claim, for £BS. being'£B2 for. rent and £S for. rolling 60 acres of'laud Is,' " : The (ojlosing ii|iy ,Ver'e : Mpanqe|W. E-;» fefifflau), T,Jag 0l Livingston, ■ AJr Beard appeared for plaintiff and Mr Bunny for defendant, J '>;A, ... Mr Beard opened' the case for the prosecutor, and; explained to the jury 1 its nature, which was that his client had. some; tirae.agp, let'' a padw'tfl 'ona";Lyqns,Mo'. siib-let ib|i cropping purposes |p, defendant, Cafr; Lyons got into such 'a position that he was unable to pay the rent, and it was 'agreed that Mr Carr should # i)l6 ;rent^o^rß,^' ; pir ; case; aefendant was allowad to remove his client could' have',seized, 'As soon as defendant had got his .crops' away he- disputed the liability.; : He claimed £B2' for rent and £8 for rtlling 60 acres. .'

W. B. Buick stated lie let a certain property to T. A. Eydnslst November 1886,atJe5Q a year.' OiiJ,2th Novern-' ber48.87, Mr Carr told him Lyons had offered him- the lease of the pad,d,Qo)fj containing 100 acres foil cropping. Witness |pl(jiiimlie'liad betteraiTange y itli'liimfectl'as he would liave to resume p'pssession of the paddock sW on accouiifc, of the ren,( bejng unpaid, hp,held;.a ; fu«h,?r GOiivwwttaiwith and in the presenoe W,t*oM' Mia; ha. had made M'a'fige)nents' i to ; take, the' paddock ; frora'Mr | liyo'na l and asked if he ()yit> •muu no. tfe' rent wpaid to hun. ft# saidihat was ft*%« by Mtliyons. 'On ■MM o|'%e4er,hfl. fpbk possession ;o;pe- ;^da;ook^;Ly6n3l the fo«er/

#ed'MMys^fl for 418, the proportion tlieh owed.and Carr .was to 'gay ''witness '£32,! the rent' for tlkseaafttfi L|6nß said" Ydutake Mr,; Oarr 1 overiHe same aa I Lave him;" d to take the straw." On llth ■ Nbvetober, 1887)' lie again, "saw Mr Oarr ab the Akura, aiid tol'd'' him he had taken possession of thd paddock. Carr said "Will that make.

,any diflferonce^to me ?"• - •Witness.eaid• '•'No, provided you pay ine the rent,!' and advised him to come and. get <tn agreement;. Carr* said he would cW in-a -few r days * v - and'he -data«"oir thi" 18th. In reply to witness.Carr said he had, not Ibrouglit the agreement between him!and Lyons.'' .Witness wantedlipsee'. ; drew a fresti biis. On jtu December witness to'the erfe4 : jJiai,iiß had taken fossesaion of tbie adyisiug hinito come a'rra'n'gementJHe saw aW and; [he alwaye'said >He said it ;did not matter much His word was jas good as his boniVOJU7jh>Fobruiry lastwitne'Bs wentto thepadddck Carr wds tarashin a >.and asked ," How' about paymei]t .Carr said" You are not going'to juinp'on me are youj?" He as soon as lie i Witness then allowed fa-.tpremovelthe grain. fhe taken |tb l Masiertoii.' ■Abptttlhl middle of.May he askeld'Cafi 1 again for 'the sold no grain yet, the all iffthe, store,\but he thought he!wp'uld ba able 'to pay him slipttly : ii9 lie Us getting money in about; a' for lb igbt\ \. Before the foltnightjwainp the by fire.. Witness saw..6afr after the fire and asked liim forythe'-rent, and he said he would'pay it course of a few days. On the 12th June witness went to To/Ore 'Ore anl asked Carr to give, bib an order ..on the agents for the Insurance Company for £B2, the amount of the rent. Carr said he would give him the order when he came to Masterton in about an hours time. Witness said he would wait,at Lowest and lorns for him; When Carr came he refused to givehim the order,* and said he did not owe him the money. He said the money was owing to 'somebody. .'.. He' waa ,not going to pay witriess. That wasthofirst time he had;'ever disputed the account., : , ;■ , / ■ .

Cross-examined •• by 4fr ;Bunny!; J There was nothing in the l lease to , prevent Lyons from subletting. There \ was no definite arrangement' made at [ the Prince of Wales-Hotel, thjit : Carr ( - should pay him the rent, but he said he was willing to take Carr as.a subtenant. He did notthen know when | Lyons made the absolute arrangement : with Carr.' He had riot, seen the agreement." He took: possession : ,pii ; the Ist November.lSa? arid oancelied the lease, subjebfc to the', agreement with' Carr. being oarried out, and the rent paid by Carr £B2. Carr was not present then.; He alloM Lyons £lO off the rent on account of his running sheep ou ;■;■ the>gro"urid •'.belonging.. Lyons gave him';'a promissory note ici £2O whioh was ;fpr goods and casui -He' would, not swear ; no. portion of that PiNl was for rent as he account on. He cjjuld r ■not ! say=what 'proportion -was for.rent'.''Hewould ; not take Lyons' promissory nolo, and he (Lyons) got Carr to endorse it, He put it into the Bank for .collection. The bill was dishonored'on the 12th May, and he took another bill froiu* Mr Carr; and when that fell due it .was met. He did not know whether Carr had arranged with Lyons' to'take ■the paddock at the time he, endorsed the promissory note.' He. notified Mr Carr in writing that he had taken-pos-session of.the paddock, and had he known Mr Bunny held a bill of sale '. oyer the crops he would have notified ' him also, and wouldllave got his rent. ; He agreed to carrybut Lyons' contract with Carr, on condition that Carr' paid i him the rent, M. Cart was riot present when tbat arrangement was made. Carr did not admit,that he ' owed £l2 under the contract to Lyons.; What he heard .Carr say was that he owed someone the rent,- but Lyons owed him £2O. He refused to accept 85s in payment of the rolling, He was prepared to.swear,,that 74 acres of land were rolled., ' "' Re-examined by Mr Beard: At the Prince of Wales Hotel, on the 22nd ( May, he told Lyons that he had no to,'take Care over, : ThatTOl(»ij»ij,efore the npje was. given'land by '.c ar r> At the time the p.rofflia3ojcy,n/3te was given.nothing bjpeiv.said abwrt ' -