INSOLVENCY JURISDICTION.

Westport Times, Volume II, Issue 271, 13 June 1868, Page 4

INSOLVENCY JURISDICTION.

In the matter of Pierre Bossard, Mr Campbell put in an affidavit proving that the required notice to enable the bankrupt to be finally discharged had been sent to tho Gazette, and that, in the absence of tho receipt of that Gazette, every creditor had received notice of bankrupt's intention to make this application for final discharge. His Honor made an order for discharge, not to be taken out of the office till sealed and properly gazetted. Mr Tyler applied on behalf of Smythe and Co., iu re T. W. Melville, under the 49th section of the Bankruptcy Act, which provided that no execution should be issued without the order of tho Court, after a declaration had been filed, that leave should be given for the creditor Smythe to avail himself of an executiou which had been issued from the Resident Magistrate's Court—a warrant of commitment. He read an affidavit in support of the application from Smythe and Co. His Honor —ls your application against the property or the person. Mr Tyler—Against the person your Honor. The learned counsel proceeded to say that there were questionable circumstances connected with the case that induced this application, which he detailed, stating that the insolvent had filed three times since January. Mr Pitt siid he had acted for the insolvent, and before so extreme a step was taken, submitted that the insolvent should have notice. It might turn out that the insolvent could explain all, if an opportunity was afforded him. Mr Tyler pressed his application, and asked leave to call the bailiff of the Court, contending that if notice was given to the insolvent the application would be useless. His Honor said that Mr Pitt would take notice that Mr Melville must appear to-morrow (this) morning to explain matters, and Mr Tyler could then renew his application. Mr Pitt promised to give notice to that effect and the matter dropped. Mr Tyler in the case of Leach v. Jolliffe applied for immediate execution. His Honor thought he was rather late. Mr Tyler said that fourteen days were allowed. Mr Pitt thought the proper way would have been to serve them with a notice to show cause why immediate execution should not issue. His Honor did not feel inclined to make the order. The defendant might have gone away to make arrangements, and he (His Honor) d : d not think it would be just, on an ex parte application, to grant the order. Before the Court proceeded, Mr Tyler remarked that the next case, that of Mr Campbell, would take some time, and as it was then late would his Honor go on ? After a little conversation the Court then adjourned till this day at 10 o'clock.