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BANKRUPTCY COURT.

MASTERTON—SATUBDAY.

(Before His Honor Dt3trict Judge Robinson.) APPLICATIONS FOR DISCHARGE. The application of James Boss for discharge from bankruptcy was adjourned till next sitting of the Court. Mr Pownall appeared for the bankrupt. The application of Oustav Hirsch for discbarge was declared to be out of order. The bankruptcy was, however, closed. The application of Joseph and Emma Ingley for their discharge was opposed by Mr Acheson, and was'adjourned till December 9th. In be T. J. Ja^m9. Mr Beard asked if .there was anything before the Court to enable him to move in the direction of upholding the step taken by the bankrupt in refusing to hand over his perpetual lease section.

His Honour intimated thfet he could take no action in the mutter.

Mr Bunny stated that the section was now rested in the Official Assignee, who was as a matter of fact the registered proprietor. When the time came the section would be sold »» a proper steps taken for the ejecti** of the bank rupt. Mr Beard replied that > matter was one for a higher Court. If the Official Assignee af-wwpted to take possession that attempt would be resisted, and rAe legal aspects of the case would 4hen crop up.

In re W. J. Hodges. ' In the matter of the application of Mr Pownall for a commitment of W. J. Hodges, Mr Beard put in the statement of assets and liabilities in the estate. The bankrupt was also examined, and stated that his reason for filing was that he had not the means to meet the judgment summons »f Butler Bros.

Mr Beard contended that no order could possibly be made against tbe bankrupt. His Honor said there was no presumed fraud in this case. There were assets in the case and he could not therefore grant the order applied for. Costs amounting to £2 16s lOd were allowed.

In re Henry James Lear. I Mr W. G. Beard was called upon by summons to show cause why a deed of settlement rested in him by Henry James Lear should not be declared void, and the amount of such deed placed to tbe credit of the creditors o the bankrupt. Mr Bunny appeared for the Official Assignee and Mr Beard to oppose.

Mr Beard said he desired to stale the position he took up in this matter. Sometime ago the bankrupt had innd* him a trustee of a enrtain deed of settlement. He was only now appear' ing in the capacity of such trustee. He was quite willing to submit to the ruling of the Court. Mr Bunny, for the Deputy Official Assignee, stated that the deed was not registered under the Act of 1880. Mr Beard admitced the non registiation of the deed. . w Henry JbriMr, sworn, stated: I on August Ist b* Btatetnent^fl

prised do my breaking l the Hccid«(mlhaanoaßßtß. ten weeks recovering from ( dent, during which time-1 incur further liabilities. I money from Homo under m will, und borrowed £4O from (The statement forwarded to cial Assignee was here put in). [ signed the statement 1 did derstand its effects. I did it was biuding. I read it did not understand I was my capital. If I had would have been the deed, I would not have signed Beard asked me if I manning of the ce '>iili " It's to enablo' for me."'Re replied, "Justso." Mr Beard was present in the Royal Hotel when the deed was signod. I had received a draft for LSO prior to the executing of the deed. I wasinourrinl liabilities without having assots outside this property. When I executed the deed I was owing L4O, principally to Mr Bunyard. I owed .Mr Burt and Dr Smith meneyjilpo. Apnrt iroiri thjs deed of settlement I have ' means of meeting vaj liabiiitiesT was caused to 61e by Bunytrd continually bothering me for the £60.1 was also Hilvisrfd to tile to upset the trust jjettleruent. Got £3OO under the pVovisions of the settlement. I received part in September and the balance in October, it was spent in a trip to the old country. I returned in February this year, Since then 1 have been earning nothing and increasing my liabilities. I did not understand that Mc Board could not give me the settlement money until I went home,

it explained to me by Mr. Synies. . V'ftoeire nothing now from Mr Beard. ■Tegeired a statement In July. There S s nothing due to me. ftMrfieard explained to the Court tM"V M"* Lear had received rl tlianWßsdue^yj|lflfl|^^^| tlMe^^^^^^^^^^^H to^HIHU^HppHH^I that I ttought it fcCproelike nwkiK a will. I came ■ you about tsß matter. I drink'at times. QuiSJ certain I was not intoxicated. ■ short time ago I was fined for ,beitfl drunk. I expect J was drunk soma time before the desed. was executed! Mr Beard: Did( jounot desire toB have the setttlemeifit prepared beoause| of your intemperaSW habits 1 1 Mr Lear: Ifogp,' -Si^^ Mr Beard: 'JMhMn ™>J\f ---- the deed prepe« to preveojt 7°» wasting your piAsrty 1 i | Mr Lear : I'll not. ' /',_« Mr Beard: \( W you cwne to m did T nnf. ftdvimAiir appointing ™

trustees! | Mr Lear: Yes. *„ H .'tn act Mr Beard: Did!not refuse*** for yon without another trustee.! Mr Lear: Yes, ~. „„•. .m Mr Beard: A«d you *d ** £ Mr Bidwill as suggested jy because shortly i rfterwavda yW» your leg while uijdei the»>fl<W cOO liquor! A iv.f m 8 i Mr Lear: I Shortly afteryouMrougbtmeU^fl and told me to gV with some othfir through with MrMC° x mo through ■■■■■■■l education The use was liabilities three was to mom^^^^^^^^f from my brother's vanced by Mr deed wassigned. I desire to gej-fhe balance t«H creditors. When the deed Wasßignea Mr Beard asked me if I knew the termsof thi deed and understood it, I said that I did. Barr and Lory are the only creditors in my statement to whom I owed money when the deed was signed. To Mr Bunny: I think I owed Bunyard £ls when the deed' was executed. The sum of £lO obtained from Bnnyard was before I signed the deed. _^^fli At this stajje the Court -JJfl|jßlfl until 10 o'clock on Monday^Tl^^^

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/WDT18910926.2.11

Bibliographic details
Ngā taipitopito pukapuka

Wairarapa Daily Times, Volume XII, Issue 3923, 26 September 1891, Page 2

Word count
Tapeke kupu
1,024

BANKRUPTCY COURT. Wairarapa Daily Times, Volume XII, Issue 3923, 26 September 1891, Page 2

BANKRUPTCY COURT. Wairarapa Daily Times, Volume XII, Issue 3923, 26 September 1891, Page 2

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