DISTRICT COURT.

Wairarapa Daily Times, Volume XV, Issue 4476, 21 July 1893, Page 3

DISTRICT COURT.

THURSDAY, Hugh MeGuckcn, contractor, ap pearwi before the Court for public examination. Tho detitor,examined by Mr liuiiuy, said ho always paid his way us long as ho could. For tho last throe years could got no paving contracts, Lived on in hopes of thiues looking up, Filed because Mr Graham summoned him for a debt of £9 odd. Paid £G for filing. Had not paid butcher or storekeeper, nor yet rent. What money lie had got he paid hero and there. Was last working at scrubcutiing at Manawa, and got 1125 for the job or near that sum. Did not pay much money for drink. Spent I very little money on drinlc, and i never neglected work through drink ' in his life. What money ho got i was paid away in wages, He i bad had bad luck and could not i help it. Davidson's account was for horses and cows; Elkins' for pig*; Burling's for bond and lodging; and he did not know what Eastwood's, or Rtyner's accounts were for. Did not know tbat ho had no hope of paying his debts when ho incurred them, Only found out his position within the last two months. Owed Mrs Wagg L 5 for a cow. Sold the cow two or three months alter buying it. Himself and two men and somotimes threo men wero employed six months doing a job tor which he got £lO. By His Honor: Do you mean to say you paid these men seven shillings a day for six months ? You say there wero two men all the time i employed 1 The debtor: Well it might havo i been a few days more or less. > His Honor; Then you mean to i say that you paid LlO4 in wages on ut L4O job ? i Tho debtor: Cut a few loads of wood while on the job. Was not i drunk half bis time, No one could say that of him. Lost money on ! several contracts. Sold his horses and cows to pity wages, thinking he would get into a better position, In reply to Mr Skipper, the debtor said ic was very bad weather while the £'lo stumping contract was going on, i and he had only paid the men on the days they workod. The publicans' i accounts were not for drink, His . debts wero oxtended over a period of three or four years, Had not obtained ' anything by false pretenses, Had i been trying hard to recover his position. By His Honor: Wus boarding men ' at his own house while working on ■ Mrs Yates' contract, Sold a horso i to Mr Fain, of Maryborough, '• which ho h#d bought from Mr Davidson, Pain paid liini, i but ho had not paid Davidson. Sold 1 two liorsuß to Mr Riddle for £6 and ' £4. Gut the money from P.-ddle, ! These horses he had had a long time, i ami had paid for tbem. Sold ahorse ' to another man for £4 and got cash i for it. Was no scholar, and did not l know exactly how much wages he ' had paid to the men who were worki ing on his contract at Mrs Yates' s Sold a cow at £4 10s, which he had ; bought at tho saleyards for £3 10s. i Threo years ago could havo paid all 1 his debts, and had £IOO to spare. ■ Had built somo dams at Anne--1 dale, and had been employed ' at weekly work in addition to con- ! trading. Had lost somo time by bo- > ing out of worlt. Had not kept tho s dates of theso matters. May have had ! a glass or two when tired or going a 1 long journey during this time, but ■ never was drunk, r Oo the application 'of Mr Bunny, t the matter was adjourned until Saturi day morning. FRIDAY, f Frederick Parker's application for 3 discharge was granted. Mr Middles ton for applicant, 3 W. F, Sinclair made application for 1 discharge. Mr Bunny said no proper r notice had been sent to the creditors, t and asked that the application be i struck out, The application was not 9 supported, nor was tho bankrupt • present, and the motion was struck e out, • Thomas George made application f for discbarge, Mr Beard for the e bankrupt applied that a discharge be y granted, Mr Pownall appeared for • Mr Galloway to oppose the discharge t and Mr Bunny for the Assignee, r Thomas George, examined by Mr n Pownall said he had received tho r rent of the farm from Dale, but did ut not pay it to Galloway. It was paid it through Mr Dubyuiplo to Mr Mine n ior rent for tho place lie was living in. By the Judge: Had rented Mr d Galloway'B property for three or four is years. By Mr Pownall: Had sublet to Dale about eighteen months. Ho » denied that the claim of Mrs Baker bad been paid twice, and it was on o the exeoution of the judgment of Mrs e Baker that he had Bled. The unses cured debts extended over a period ol 0 eighteen months. Ho had between e £SO and £4O whon he went into the ; business of buying and selling skint r etc. Had a horse ond brake which was sold, and afterwards hired from d his son, The sum received was £97 accrued from timo to time. Handed the brake over to his son twelve • months before filing-in April, 1892 r There bad been no actual transfer ol ) the brake, and it was not removed bj e debtor's son until after Mrs Bakei had obtained judgment against him f By Mr Bunny: The value of th< 1 brake wis £9B, and the three horsei t About £OO. The cow and calf war e worth about £4, the "harrow £2

e harnesi belonging to the brako about e £5, This was all the propei ty he s had transferred to his son in April, e 1892. At that time debtor owned no s other property but the ohieso plant. II Had not been living with his son. By Mr Beard: At the time of s making the property over owed little or nothing. Certainly not more than £2O, which he could havß paid. The ; immediate cause of bankruptcy was .- pressure on the part of Mrs Maker, r Also prior to filing had unstained t losses through transactions iu wool. • His Honor adjourned the heiring t for discharge till tho sitting of tho 1 Court to bo held in September next, s It seemed to him that it was quite i reasonable that a proper enquiry b should bo held into the grounds of Mr - Galloway'sopposition to the discharge. . The debtor would not be prejudiced, s in fact, ho did not think that if even 3 he had decided to give judgment he 1 would have given an immediate 3 disobarge. t Estate of Wm. Hull. Public 3 examination under section 175 oi the ) Act of 1892. 3. Mr Bunny appeared for thoD.O.A, ■ ; Mr Beard for the defendant. ■ i Mr Beard contended that tho pro--3 ooedings had had not been prop -rly t brought under the section specified, •• l consequently His Honor had no jurisdiction. Tho order was not made by , a person authorised to make the order. Tho registrar and no other person except a District Judge could make tho i order. The order had boen mado under the signature of Mr Ibbetson, | Clerk of the District and U.M. Courts, but the oider must be signed by such 3 clerk asJßegistrar of ihe District Cart, and he submitted that the proceedings , could not be taken under the Act nf | ; 1892, but mmt bo dealt wiih under : the act m.der which all previous proceedings had been carried out. Mr Bunny submitted that the order had been made in the usual form, The Clerk had all the powers of the Registrar, the fact of his being Clerk I to the District Court, constituted him 1 Registrar when that Court badjuris- • diction in Bankruptcy. r Afterfurther argument by Cohncil t His Honor held that the order was t good tho Clerk of the District Court i was under the interpretation Registrar ; of that Court. The examination will t proceed. ! The Court at this stage adjourned t until two o'clock. r