DISTRICT COURT, HAMILTON. Yesterday.—(Before his Honour District Judge Smith.)

Waikato Times, Volume XXI, Issue 1721, 17 July 1883, Page 2

DISTRICT COURT, HAMILTON. Yesterday.— (Before his Honour District Judge Smith.)

In Bankruptcy. In re E. A. Beaucbamp and C. H. A. Barwell. Mr O'Neill applied for a discharge. He stated that the estate would realise 10s in the £, and the creditors had unanimously agreed to grant a discharge. Order granted. Mr O'Neill made 'an application for costs to be paid out of the estate. Granted. In re William Stuart. Application for a discharge. Mr Greaham for the debtor, and Mr O'Neill for the opposing creditor, S. W. "Buck. Mr O'Keill objected, to the granting of the order, on the ground that the minutes of creditors' meeting were not in accordance with the rules. He also complained that the general meeting of creditors had been held at Te Awamutu at a great distance from the place of residence of a large majority of the creditors. No resolution had been passed to adjourn the meeting to Te Awamutu. Mr Gresham maintained that the rules had been complied with. He had followed the usual practice in country districts. It had been objected that a great number of creditors were inconvenienced by the meeeting being held at To Awa niutu. He (Mr Gresham) represented a much larger number of creditors than his learned friend, and these, his Honour would see, had unanimously agreed to grant the debtor his discharge. The meeting at Te Awamutu was not an adjournment of the first meeting, which of course must be held at the District Court-house. After some further argument, Mr O'Neill said the meeting was held at Te Awamutu for the purpose of keeping the Fiako creditors away. The estate had not been properly administered. His Honour reserved the point in reference to the minutes. The debtor was then examined by Mr Gtesham, and deposed that he had given up all his property, which had been sold. Did not retain a pennyworth. CrosVexamined by Mr O'Neill : My bedding was not sold, nor the clothing I and my family had on at the time of my failure. I had no money coming to me from any contracts. There were some cattle on my place, but they were not mine. I sold a horse a short time before I filed, but that was to pay my lawyer. Everything else was sold by the trustee. I filed partly because Buck had summoned me, and because I could not pay my other creditors. Mr O'Neill argued that the order should not be granted, as the rules had not been complied with. The filing of the report had not been gazetted. The trustee should be made to refund the £25 given to the debtor. His Honour reserved his decision. Mr O'Neill, on behalf of Mr Buck, made application to have the decision of the trustee, refusing to allow Mr Buck's proof of debt, revised. The trustee, it appeared, had since written stating that he would allow the proof aa there would be no dividend. He (the learned counsel) consequently applied for costs. Hia Honour granted costs, £5 17s 6d, to be a first charge upon the estate. In re Samuel Bright. Application for an order of discharge. Mr O'Neill, with Mr Campbell, appeared for the debtor, and Mr Gresham said he appeared for the creditors' trustee and several opposing creditors. His Honour decided that the trustee could only appear in person. The debtor deposed that .he had given up all his property, ' ' Cross-examined j I received £40 as agent for Thomas McCathie, In June, 1882, the trustee wrote to me asking for cash account for the preceding 12 months. I saw him afterwards and explained about the £46, and £20 1 had received from Mr ifVells. The trustee said \\p would see me in Waikato, but he has not spoken to me about it.' • I did not comply with the demand of the trustee because I had no income, and had, therefore, no account to file. Re-Exa mined : I sold the furniture to McCathie in May, 1881, for £25, because I wtjs laid up and could not, earn anything.' $hi? was, a-bofyt \2 mqnths before I filed. When I met tho trustee in Auckland he appeared to be ' quite satjfied. I showed the trustee the documents referring to my property in company with Mr Dyer. I had no property to conoeal. Si* months before I fifed Mr Gresham tried to acige' the furniture I had sold, but the bailiff considered the proof of sale sufficient, and the goods were not taken. His Honour granted the order. ]

Civil Cas3B. j H. Walpole v. The' Te Awamutp Cheese and Bacon Factory Company (Limited).— Claim £41" rlBs, •' for .salary, Ac. Mr O'Neill and Mr J. P. Campbell* for fhp nhJßtiffj and Mr Theo. Cooped forM «*fe » v L I »/. iVV- ._ , Mr ONexU 9^i4- k* a >}4 his learned jjtftn^ip? >yherepy. the proceedings would |wu§s<^e^i§a.WOjlld;' v bß?tbe'- f g^sfcion • aaa^tn^ of^p^^omifetojioy^ 3)r-> the> id Horooe^^alpol^A'ttie^plaiTiliffiHwh'oT 'made the fcompanyd

fint*jntj|^^raked lmh to go to the office. jffimzimt, am saw tlie ohairman (Mr BriagtnjißK'^nd' several other directbrlpl "M'fe, Gredham asked if ,he s ,.. vwaB v wa8 igbi^l to|||W up books, k,sft,|Wl N |poBl|reioi#9f the factory. H$ »|told T tfietri|,tha^ljef ore he gave up possession >]i]b wanted all wages due, and mpjith^i^wagea. Mr Gresham 'offered*' £12, "which he refused, because it was before pay-day. Then he went back to the factory. They cloted the doors of the offices, to prevent his going to the cijrihg-room} The directors then went outside and ]jrought[ in/the^ new cheesemaker under escort." Tliey opened the door a little way, and pushed the new man in so as to prevent 'Witness following. Shortly after the , directors who were guarding tfye door left • their post, and he went into the curing room and commenced turning cheeses, which was part of his wprk. „Mr, .Bridgman asked if he was not going to give up possession. He replied that he would stop till he was paid. One of them asked if he wished to go to law, and he replied that he only wanted his rights. One of the directors— Mr Burke he thoughtsuggested that they should lock him up in the factory, and nail the door up. Subsequently it was suggested to him that he should leave under protest. He did not wish to leave. On the 6th March he resigned in accordance with clause 3 of the agreement, owing' to the hostility of some of the directors. Kecpived a reply on the 13th March informing him that the resignation had been accepted at a meeting of the directors held 1 on the previous night. He was, therefore, entitled, and was willing to remain three months longer. Received a letter on the 22nd of the same month requesting him to give up possession of the premises on the 24th. To this he replied'stating that ho had been engaged for 12 months, and that if he had to leave he would expect three, months salary in advance. The directors came on the 24th, and he left under protest. He claimed £37 10s salary, £o 8s loss of the rent of free house, less two weeks at Bs. Cross-examined by Mr Cooper : I have been a cheesemaker 12 years. I learned the business in the Riverside Factoiy, where I commenced in 1867. I was then about 16 years old. Riverside is in Minnesota. I was there two years. I then went into a branch factory. I was working as an apprentice, but not under indentures. I was at the branch a year. 'I hen I -went to Nebraska in the same business^ I had a dairy farm of my own. I was there over two years. The farm paid. I came to the colony in 1877. I was not engaged in cheesemaking in this colony. Previous to this I managed a factory in Gippsland. When I came here I went to Mr Murray's station, Piako, where I looked after stock. I left Mr Murray's employment because I didn't like it, anil we could not agree. Perhaps I did not satisfy him, because looking after stock is not my business. I consider myself to be a perfectly competent cheese-maker, and undei stand managing a factory. The factory was erected according te my suggestions, and ' I chose the site. I commenced work in November, but drew salary from July. My brother Herbert was with me in November. Ho remained about four months. I think he left in February. He is a second hand. I wrote on the loth December, protesting against selling green cheese, and reaigning. I remember having an interview with Mr Bridgman, but cannot say whether he told me that my resignation was accepted. On the 21st December wrote asking to have my resignation withdrawn, and asking for the appointment of two directors to define my status. Received a reply on the 22nd December, stating that the resignation had been accepted on the 18th, and that the directors were willing to re-engage me and define my status at the end of three months. This letter was not withdrawn, and no fresh agreement was made. The three months would expire on the loth March. I did not get on well with the directors. They did not seem to be satisfied. I always kept the place clean. But on cleaning-out days it might not look clean. Do not remember Mr Fleming coming to the factory. I kept no notes. I will swear that on Monday, the 12th March, no curd was left in the cooling box from the Saturday. It was not possible. Messrs Burke, Taylor and Churches might have visited the factory on the 13th ; I kept no notes. ■ They expressed no dissatisfaction to me. It was not possible that there could be 100 bad cheeses. I remember Capt. Runciman coming on the 16th March. He did not tell me anything. We were washing the factoiy out, and it was not the best time for visitors . to come. The place was clean. There were some cheeses with jumpers in them, there always are. Some of the cheese might have' been stuck to the shelves. The cheeses were turned every morning,' by myself or others. There was no whey from new cheeses falling upon old cheeses to my knowledge. Do not think it would harm them. The cheeses were mouldy owing to the dampness of the curing-room. The building was hurried on because it was wanted. I did my best to make it dry. There was no fungus on the cheese. I, never said that fungus showed the strength, of, the cheese. I always kept the place cleaivto the best of my ability, and I am a competent working manager. Re-examined : Mr Mandeno was the architect, for whose work I am not responsible. I was not engaged as architect. I resigned on the oth March, and the company accepted it on the 13th under the agreement.' I worked up to the 24th March. The directors never came to me on the. 15th March to tell me that I was \inder a different agreement, nor was my status altered. , It is not possible for every individual cheese to be of first-class quality. Whey always conies from a new cheese. Up to January there were over 600 cheeses, and these had to be rubbed and turned every day. I applied several times for assistance, but did not get it. I had a man and a boy when I started, when there were no cheeses. I was told to refuse all milk under eight per cent., the consequence being that three of the suppliers were sent away. I then got a letter from the" chairman, asking me to take-Floyd's milk again, >as he (Floyd) brought Taylors and another's. The reason why I refused Floyd's milk was that it was so much below the average. I received a letter on the' 7th February from the secretary, requesting me not to refuse any milk under , the standard until after a joint test by the secretary aiift myself. I alsq received a letter from the nepretaiy refusing assistance,, Mandeno brought milk below the standard,' and Bell's milk was tainted, It is impossible to make good cheese , out of bad, milk. If the 'directors ordered me to take bad milkJl could ,not> make first-class ,cheese. s At this stage of the proceedings the court was. adjourned until 9 p'clock this morning. * ; . <> , > +,\ , l \

A notice by the Hautapu poundkeeper appears elsewhere: j The time for receiving tenders for the office of collector for the "Waipa County is ex[ten'ded'to the litk August* „ & f f , „ \\ ! : ; l em rs aW by f thfc i Public Works Department for a goods shed at Rukuhia station. , '" ■* ' ' ' * t { 3ffq^ ngiqf nations; q£| candidates, fqE ith'e representation gf tye' Tuhikaramea ndinff in the j Waipa CQuntK« Cpt}n,cil} hav^pjfs been received, the date for receivinjfsarae'has heea extended to the ?7thinst. The election will take placo |°MFej» 8 5 #&• i „ " l if * » » ) i aii 'I f t ; - , Mr J, S.J^uckland^will sell, at Cambridge on Satufday'next, heavy draught horses, 'b'agff/'horteliihacks^'and'ilight'iharnessHliorses, .sa.ddltt;andibridleB. ko.n&c. AOa./latsday pext, hrwm'seil St,"OJiajipq, 'ctibW dairy 'cows' near cal ving, f .calyfe? j anflf Siyfearlirtgs;. ( threeTyeJarjold 'ITtwCMic«t»t?an|^^ IWaihon' Yards;v,2&Q 'head v mixed, cattle, purit Pereford'SbunCH^acle7an^4nd^Crf/s;;b\««d)/ jWgtfMhirse? jico'lt^*ack/t Eplding, Jat . s^ep,