DISTRICT COURT, HAMTLTON Tuesday, January 17. (Before His Honor District Judge Macdonald.)

Waikato Times, Volume XVI, Issue 1335, 20 January 1881, Page 2

DISTRICT COURT, HAMTLTON Tuesday, January 17. (Before His Honor District Judge Macdonald.)

Civil Side. — McG-arrigle v. Kingsley; claim, £29 Os 6d, amount of a judgment summons.— Mr O'Neill for the plaintiff, and Mr Gresham, >in the ab&enoe of Mr W. M. Hay, for the defendant. — The debtor offered and the judgment creditor agreed to accept £5 10s per quarter, the first in<t;ilmeut to be made on the 9th April.— The Court accordingly adjourned the case till May, to allow of the arrangement being carried out.

In Bankruptcy. In re Charles Cecil Rookes. —Mr O'Neill, cm behalf of Mr'W M, Hay, made an application for an order of discharge. — Mr T. Gresham appeared for the opposing creditors and the Trustee, to oppose granting of a certificate. — Mr O'Neill said the creditors had at their n ecting passed a, resolution, recommending that the debtor's discharge be suspended for two years. He put the debtor into the box, and the latter then deposed that he had given up all his property to the Trustee. — His Honor : There was not much difficulty about that apparently. — Mr Gresham said he did not intend to crossexamine the debtor : but with His Honor's permission, he would state briefly the grounds upon which he opposed the discharge. The creditois were called together at the request of the debtor on the 23rd December ; two months before he had withdrawn the sum of £15 15s from his banker*, and on the dny after h^. filed his schedule, on the 10th December, he withdrew his balance at the Bank, amounting to £13 19s 2d. Those actions he ai'!>ued came under the operation of section 4, sub-section o of the Act which held the appropriation of any sum of money over £10, within the four months preceding the declaration of insolvency, to be fraud. — His Honor: For what purpose was the money withdrawn? — Mr , < * resham : The debtor stated m his examination before the creditors that it was for the support of himself and family. — His Honor could not pee any diffpience between the act of withdrawing money fioin the Bank, and taking it as in the case of a tradesman from the till. He could not see anything fraudulent in it. The money was, very likely, used to pay his legal adviser. —Mr O'Neill hero pointed out that the 10th December was a Sundiy. The money must therefore have been withdrawn from the Bank on the day of filing. — Mr Gretham argued that the debtor, by withdrawing the £13 19s 2d had defrauded his creditors. The latter had had no intention cf dealing harshly, and had agreed with the debtor to take £o per month between then. This arrangement was carried on for a month or two, when suddenly the debtor throws up hia appointment under the Board of Education. He had absolutely handed over nothing to the Tiu««teo, his only asset being his furniture which the law allowed him to retain. What his clients wished to do, was to fix a limit to debtors who wished to deprive their creditors of all assets. To draw money after his property had by his filing been divested from him was ho again contended a fraudulent act on the part of the debtor. He had first of all thrown up an fippointmenta portion of the salary, pertaiuing to which he had hypothecated, and he then appropriates the entire balance at his bankers. Some example ought to be made of such people If the Court was not of opinion that a prosecution should be ordered, then he would ask that the recommendation of the creditors' meeting be carried into effect, and that the £13 9s 2d beordered to berefunded.Aftersome further argument, His Honor wished to know why the bankruptcy proceedings had been instituted at all, except it might be in order to protect the bankrupt's furniture. — Mr O'Neill said they were instituted with a view to freeing the debtor from annoyance. — His Honor said he had in his mind a case in which Mr Justice Oillies had discharged bankruptcy proceedings where there had been no colorable assets. He would look up "this case, and be guided, in so far as the circumstances were similar, by the opinion of Justice Gillie 3. In the meantime he would adjourn the matter. The debtor could not be injured by this course. So far an regarded the prosecution of the debtor for fraud, he could not order it, nor did ho think there existed ground for such a step. — In answer to His Honor, the debtor said it was usual for his salary to be paid through ' the bank, he withdrawing it as soon as it arrived. The £13 19s 2d included his own salary, his wife's, and the allowance for house rent. — The case •vraa then adjourned till next Court day.

Seeke — a. dwelling kouse , Mr. - aiul Mrs. Cr6wu at their supper, when an old friend, Mrs. M'Bean, calls. Mrs. M'Bean (in the course of conversation) : ''Yell no' heard that David Graham's aboot tae be inaerrit again?"— Mrs. Crown : Mcrritt!" After a.panse — "It's no' four months yet sin' (hiB ( hi8 wife deet !," Turning to her husband — 'It's just like you men ! I believe ye wad dad' the 1 same, 1 ? John, if I were ta'en awa , the . morn." — John (quietly) : "Weel, I'dinna Ttett what 1 I micht dae in that event ;b'ttt, 'judging, my wumman frae the way ye hae o' aye lookin after yersel', ye're na likely ever tae gie'me the chance." ' Boyd, the ,w«ll-known English oarsman,, ; bas, challenged rHaolan , s f^c jfche championship, and^Sanlan nas" exjptcejsd^d his willingness to accept. The congest takes place after the, L |o£^hcon^ing m'^tc^ witU Xja'yoQcfe, " ,;