DISTRICT COURT, HAMILTON. Yesterday.—[Before His Honour District Judge Smith.] In Bankruptcy. In re Harry Mullions.

Waikato Times, Volume XX, Issue 1697, 22 May 1883, Page 2

DISTRICT COURT, HAMILTON. Yesterday .— [Before His Honour District Judge Smith.] In Bankruptcy. In re Harry Mullions.

I Mr O'Neill appeared for the bankrupt to make an application for an order of discharge under the lS4th section of the act Before proceeding to make the application, Mr O'Neill raised the objection that the opposing creditors had not lodged a notice of their intention to object with the court. Mr W. M. Hay, one of the objecting ci editors, said it was not necessary to lodge a notice with the court. All that it was incumbent upon them to do was to give the debtor notice. y\v O'Neill said Mr Hay stood condemned out of his own month. The rules of the court required that notice should be given to the debtor seven clear days before the hearing, whereas the debtor had only received six days notice. ! Tho notice was sent on the 14th inst., notwithstanding the fact that the debtor's intention to apply for a disI charge was publicly notified m The Waiku'o Times nearly a month before. Mr Hay said the 13th fell on a Sunday, and lie only received authority on the Saturday. Tho mistake arose owing to ignorance of the rule on the part of tho opposing creditors. His Honour said the rule was explicit, and Mr Hay could not appear to oppose the motion. * Mr Hay then said he appeared for the creditors' trustee. Mr O'Neill asked his Honour if the other hide could be allowed to change front in thi3 manner. His Honour said he saw nothing to prevent Mr Hay appearing for the trustee, but he could not oppose the motion. Mr O'Neill then detailed the circumstances which led to his making the application under section 184. A meeting of the creditors was held in September last, and adjourned for two mouths. This adjourned meeting never took place, owing fco their not being able to get a quorum together, In consequence of this, the debtor wa3 compelled to make the present application, Mr Hay rose to address tho court, when His Honour remarked that he (Mr Hay) could not oppose the application. Mr Hay said he did not wish to oppose, lie only appeared in support of tho trustee's report, which had been filed. Mr O'Neill objected, as the trustee's report had not been filed. If Mr Hay did not appear to. qppose ? he was at a loss to know why he appeared at all. What did he want to show ? Mr Hay said he would give his I reason. His Honour did not know the circumstances, but they amounted I almost to a case of fraudulent preference. The case was a very flagrant one. 'f hero waB no estate, and it had been hejd by Judge Gillies that where there was no estate, there could be no bankruptcy. Mr O'Neill said the debtor filed on the 25th of May. Before that he had received a sum of money on account of a contract, and consulted him (the learned counsel) on his affairs. He advised the debtor to pay the money he had to his creditors -v)Q T a t a^ and this lie did. Afterwards lie was forced fco fjlg. The estate had only been made over to his creditors before, instead ot after the bankruptcy. His Honour read over the minutes taken at the examination sf the bankrupt, his brother and George Read. The debtor was then put in the box, and examined by Mr O'Neill, He said he had madg ov£v tf}§ whole of his property to his creditors, His Honour said he had no option but to grant the debtor's discharge, though, in the face of the minutes he had just read, he did so reluctantly. Mr Hay gave notice of appeal. Civil Case. J&3. McPherson v. Ratima.— Claim for rates. J udgment; went by default for the balance'of account, £25 gg Qd, wjtty costs. This M 7 as all the business, and the court rose.

The annual election of auditors for the Hamilton Borough will be held on June Ist. Nominations must be iv by the 27th inst. Tender are jnyi^ed for renting the slaughter-house Qn Afr B^eaucljamp's farm ; also, 50 or 20 acres of grass. A meetins;,of $lje shareholders in the May Qijeen, Te Aroha, ia called for Quinlan'p. Hotel on Saturday netft, at 8 p.m. All shareholder** are requested to attend. The annual election of candidates for the Newcastle Road Board' will be held on Thursday, the sth Jdbe. Nominations rauei; be ia by the 31st iuat,