DISTRICT COURT.—SITTING IN BANKRUPTCY.

Westport Times, Volume III, Issue 409, 21 November 1868, Page 4

DISTRICT COURT.—SITTING IN BANKRUPTCY.

Friday, Nov. 20. (Before His Honor, Judge Clarke.) His Honor took his seat upon the bench at twelve o'clock. There were sixteen applications to be heard, each of which w r as an application for an order of final discharge. Mr Pitt, in reply to a question by His Honor, said he understood that there was only one opposed case—that of Godfrey, for whom Mr Tyler appeared, and whom he (Mr Pitt) was instructed to examine Mr Tyler said he also knew of no other case. JOHN SHIELD WILLIAMS. Mr Harris reported that the trustees report had bceu filed. No creditors had met, or had proved their debts, and the bankrupt, who had been a publican at Mohikinui, had no assets whatever. Mr Tyler stated that the requirements of the Act had been complied with, and that the application for final discharge was unopposed. An order of final discharge was granted. TIIOAtAS "W. MELYILLE. The trustee's report was that no creditors had met, no debts had been proved, and the bankrupt —late publican in Westport—had no property whatever. Mr Tyler explained that he had made application, ou a previous occa sion, for leave of the Court for creditors —Messrs P. F. Smyth and Co.— to proceed in an action in the Resident Magistrate's Court, and that application had been granted. Mr Pitt said that the bankrupt had undergone imprisonment for that debt, and the creditors,in that case, although they knew of the application, did not now appear; and he thought they exercised a wise aiid a merciful discretion in doing so. An order of discharge was granted. JOHJf lIASSARD DEEY. Mr Pitt asked His Eonor to strike the case of this bankrupt off the list. After the petition was filed, it was discovered that the residence of the bankrupt, Karamea, was out of the jurisdiction of the Court. It was justbeyond the limits of the district of "Westland North. The application was granted. JOHJST LEWIS. Mr Tyler, in the case of this bankrupt, formerly storekeeper at Charleston, applied for an adjournment until February, the bankrupt not being present ; and the application was granted. THOJIAS GELLIBEA^D. Mr Pitt asked for an adjournment in the case of this bankrupt, who had proceeded to Auckland; and the adjournment was granted. GEOKGE LIAtBEICH. The Trustee's report was that there were no assets,, and no creditors had proved their debts. Mr Tyler said the case was rather a peculiar one. A deed of assignment had been made in Hokitika for the beuefit of the creditors, previous to the passing of the present Act, but there was an informalitly in the signature of one, and the fact of some of the creditors since pressing him was the cause of his insolvency. Mr "Whiteford explained that, in consequence of the informality, the deed was set aside. The assets had been realised, but Sprot and Craig, the auctioneers who had sold the property, had failed while the money was in their hands. Mr Tyler said his Honor would see that it was no fault whatever on the part of the bankrupt. The great majority whose names were on the schedule were included in the deed of assignment. The deed was made out in' December, 18G6, and there was now no opposition. The bankrupt was

quite clear of any blame in the matter. < A iiual order was granted. < DAVID 11. MURDOCH. < The trustee reported that no creditors had attended the appointed meet- < ing, and no debts had been proved. Mr Pitt said that the only propertywas some small allotments of land. An order of discharge was granted. JOHN MARTIN. ' The trustee reported that no creditors had attended the appointed meeting. They were all well disposed towards the bankrupt, and he was desirous of making a satisfactory arrangement. He had freehold and leasehold property, which was at present reduced in value, but it was considered better not to sacrifice it. Mr Pitt said the case was a peculiar case such as not often came before Bankruptcy Courts. All tbe creditors were favorably disposed towards the bankrupt, and were willing to give him any time. In fact, it was unnecessary for him to go through the Court, except for one or two small liabilities in which the creditors were troublesome. The report of the trustees was very satisfactory. An order for discbarge was granted, an'l costs allowed out of the estate. JOHN ELLIS. No debts were proved, and there was no property in the case of this bankrupt, a storekeeper at Charleston. Mr Pitt appeared for tbe bankrupt, to whom a final order of discharge was ; granted. ROBERT SPEER. No debts w r ere proved. Some debts ■ due to the estate had been put down, but the debtors, having left the district ' —Charleston —it was impossible to realise. An order of discharge was granted. CHARLES BONNER. Mr Harris reported that in this case, the trustees fees had not been paid. Mr Tyler said the case was an un- ! fortunate one. The bankrupt had brouglit from Dunedin to Charleston a cargo of produce, but, in consequence I of a protracted voyage, the cargo was comparatively worthless. Since that time, he had been endeavoring to dig, , but had been unfortunate, and had been unable to pay even tbe fees. His Honor held that, in all cases the fees must be paid ; but he granted the 1 order ox discharge. E. E. WILLIAMS. Mr Pitt asked for an adjournmeut, ' which was granted. HENRY M. MTTNRO. I It was reported by the trustee that in the case of this bankrupt, a miner at • Moonlight Creek, there were apparent - assets to the amount of £132, but they - had not been proved. The order of discharge was granted. THOMAS S. WARD. I No creditors had attended ; no , debts had been proved; aud there was i no property. t A discharge was granted to the - bankrupt, a miner in Charleston.

WILLIAM 11. HOEBS. Mr Tyler eaid that, in the ease of this bankrupt, a miner at Charleston, a deed of assignment had been made, but one creditor refused to sign, and it was impossible to get the deed filed under the old Act. The creditor thought proper to take proceedings, and the bankrupt had to seek the protection of the Court. The creditor, however, had not pi'oved his debt. A dischai'ge was granted. JAUES GODPKET. Mr Tyler made application for a certain amount now in the hands of the Clerk of the Court at Charleston to be paid to the trustee. The application had been adjourned from the last sitting of the Court. The amount was a debt which Mr Pizzey had sued, and obtained judgment for, after the declaration of insolvency had been gazetted. He w r as prepared to admit that Mr Pizzey did not know of the declaration of insolvency, but there was the fact that it had been gazetted, and that the money belonged to the trustee. Mr Pitt applied for costs incurred by Mr Pizzey in the case. Mr Tyler opposed the application. There might be some reason why he should not pay the costs on their side, but there was no reason why he should not pay his own. He should have allowed the money to go to the trustee. Mr Pitt contended that Mr Pizzey's conduct had been perfectly fair, and not vexatious ; and that he was justly entitled to costs. His Honor asked what were the amount of Mr Pizzey's expenses. Mr Pizzey, who was present, said he had had twice to travel from and toHokitika, and had been away altogether for fifteen days. His Honor did not look upon the case as an ordinary one. It would be ridiculous, in an ordinary case, for the losing party to be paid his costs, but in this Court, and, in this particular case, he felt inclined to allow some

costs. He allowed £ls, and gavo an order for the payment of the money in question to the trustee. Mr Tyler applied for the discharge of the bankrupt; Mr Pitt opposed on behalf of the provisional trustee and Mr Pinzey, and of Mr G-asquoine. He had received a telegram informing him that some witnesses were being kept out of the way. Mr Tyler said that Mr Grasquoine had not proved his debt, and the declaration of insolvency had been made in May last. The witnesses had been in town all the week, and were available. His Honor wonld not grant a discharge, unless there was a report from the trustee; and the case was adjourned until two o'clock this day.