WESTPORT DISTRICT COURT CIVIL SITTINGS.

Westport Times, Volume III, Issue 337, 29 August 1868, Page 7

WESTPORT DISTRICT COURT CIVIL SITTINGS.

(Before his Honor, Judge Clark) Wednesday, August 26. ALCORN, APPELLANT—WEITZELL AND CO., RESPONDENTS. Mr Rees for the Appellant, in whose favor the appeal had been gi\en on the previous day, now asked his Honor to make such an order as would allow them to proceed, and carry out the intention of the Court. The learned counsel argued for a considerable time in support of his client's interests. Eventually his Honor made an order that the appeal be allowed without costs. The judgment was that the respondent deliver up possession of the property, and pay the sum of £6l 10s, for use and occupation of the same for a period of forty one weeks, at the rate of £1 10s per week. Failing to give up possession, respondent should pay £6l 10s for use and occupation, and £l6O the value of the ground in dispute. BANKRUPTCY CASES. IN RE JAMES GODFREY. Mr Tyler, for the bankrupt, made application for the postponement of the application for final discharge till the next sittings, and this was granted. Mr Tyler, with Mr Rees, then applied that a sum of £BB, the proceeds of a bailiff's sale, at the suit of Pizzey and Co., which had been held in the hands of the Clerk of the Court should be handed over to the trustees of the estate.

It appeared that Pizzey and Co had recovered a judgment against the insolvent on the sth of May in the Besidant Magistrate's Court at Charleston. The insolvent filed a declaration of his insolvency on the 4th of that month, and it was gazetted on the 9th. On the 13th the sale took place, which resulted in the above money being realised, and the question now was, whether Pizzey and Co., or the trustees, should have the proceeds. Mr Pitt was heard on behalf of Pizzey and Co. After a long argument his Honor adjourned the case till the next sittings.

IN EE 11. T. C. NEES Mr Tyler for the bankrupt applied for an order of discharge. Granted. The case of T. W. Melville, was ordered to stand over till next Court. IN RE BKOWN AND LISSNEIt. Mr Tyler appeared for the bankrupts, aud an order of discharge was made, it being shown that a composition of 6s in the pound had been paid. Final orders of uischarge were also made in the cases of J. Sykcs, (Mr Pitt, solicitor,) J. B. Finn, Harris and Moss, J. Lofty, (ilr Campbell, solicitor). In the latter case Mr Campbell applied that costs should be paid out of the estate, and his Honor granted the application, subject to taxation. IN RE J. H. DEET. Mr Pitt appeared for the bankrupt, Mr Tyler to oppose on behalf of some creditors. Before entering into the case, Mr Tyler submitted that as the bankrupt had not complied with the 112 th section of the Act, by filing a statement of accounts for that meeting, the proceedings could not go on. On enquiry this was shown to be the case, and it further turned out that the bankrupt kept no books. His Honor ruled that the statement uught to have been filed. Mr Harris, Registrar, asked his Honor for direction as to the time at which these statements should be filed before hearing. His Honor fixed ;ffourteen days as the time, and ordered this case to be adjourned till the next sitting. Mr Tyler applied that the bankrupt's protection, both of person and property should be withdrawn, and stated that he would show ample grounds for this course, if his Honor would allow him to examine one or two witnesses. These were that the insolvent had lost a great deal of the property by gambling, and that he had made away with property, instead of handing it over to the trustees, for the benefit of the creditors.

His Honor said these would be good ' ( grounds for opposing insolvent's final discharge, but he hardly thought at this stage that they were sufficient for the withdrawal of protection. If the bankrupt was imprisoned he would be prevented from assisting in the realisation of the estate, and he should decline therefore to make that order. Mr Tyler asked leave to examine some witnesses at all events, as they would very likely be absent at the next sitting, and his Honor allowed him to do so. The insolvent was first put into the box and examined. He said, I—was a storekeeper at the Karamea. I purj chased goods from Powell & Co. several times,'the last time about two months before my insolvency. At the suggestion of his Honor the examination of the bankrupt was stopped, and other witnesses were gone on with. Roderick M'Leod said I was aboard the vessel that Deey took the last lot of goods down to the Karamea in. We were playing cards, and I won but I did not get anything from it. The goods on board were taken to the insolvent's store. I cannot say how much I won, but it was something over £4O. I got about £lO in money, and 1 took some goods out of the store. I played at different times with Deey because we had nothing else to amuse us. I won the monev when down there. I received £lO and some goods. I cannot give a list exactly of the goods. I did not receive any coats, trousers, or shirts. We were there windbound for a month, and at last I offered to settle with him for £7 10s. I got a pair of blankets, flannel shirts, and provision. There were two of us in the craft. Lowiek and Johnson were not there at the time. I went down with Deey when he went down first. I have had no conversation with Deey lately. He did not give me anything to take care of coming back. He gave me gold to look after at Wanganui, it may have been six pounds weight, but I do not know. We got the gold as security for freight. This was at Wanganui river, this 3ide the Karamea. It was about four weeks after he went up to the Karamea. He owed the freight to Antoni. The weight of gold was from six to eight pounds. I know it was gold because I saw six ounces weighed out of it for freight. This was exactly four weeks after we went up. We took some of the cargo back to Wanganui, and Deey Bold it there. The freight was £25. Deey, after paying the freight, took possession of the balance of the gold. This was about three months ago. I have staid in Westport since. He handed us the gold at Wanganui when coming back to Westport, and we afterwards handed him it back again. During the four weeks we were lying at Karamea I won the £4O, He might have lost money with my mate, Antoni, and he also received

from him a few pounds, aud some goods. Deey played for a few drinks with others, but I know of no one else that he played for money with but myself and mate. Insolvent had a storeman looking after the place at Karamea. Mr Pitt said he was not prepared to cross-examine, as he had had no notice of the line of opposition intended. Gottlieb Villiard, storeman to insolvent, proved that he kept accounts on paper bags. He believed that Deey kept books, for he saw some at the first going off' when he Avas dealing with him, before witness went into the store. Insolvent passed a great deal of time in playing cards, and the game was " ante up " Mr Tyler as an expert, said this meant" poker." (Laughter.) Examination continued.—lt was for money most of the time, and as far as I could see, Roderick and his mate were the winners, and insolvent the loser, but he could not say. Some of the last goods were sold by insolvent when up there, but for the full price. Witness had nothing to do with the store when Deey was there. Some of the goods were sent from the Karamea to Wanganui. The case was then adjourned till the next sittings of the Court. An order of adjudication in the estate of John Ellis was made on the application of Mr Pitt.

In the case of John Martin, Mr Pitt applied for an extension of time of adjudication till the 26th of next month, and his Honor granted the application. The Court was then adjourned sine die. SUTHERLAND AND PARTY, APPELLANTS, HIDES AND PARTY, RESPONDENTS. Messrs Tyler aud Rees appeared for the appellants, Mr Home for the respondents. This case terminated at last, but it is unnecessary to give any details. The counsel engaged addressed the Court for their respective clients.

His Honor said that there could be no question as to the respondents' claim having been injured by the appellants' race, but he considered the damages awarded by the assessors, £SO, excessive. He should reduce the verdict to £25, each party to pay their own costs.