DISTRICT COURT, HAMILTON. Tuesday.— (Before His Honour Judge Smith.) UNKNOWN

Waikato Times, Volume XXV, Issue 2035, 23 July 1885, Page 2

DISTRICT COURT, HAMILTON. Tuesday.— (Before His Honour Judge Smith.) UNKNOWN

In re Javks Sindkw — At the lequest of Mr Hay, the Application for discharge wan adjourned till ne\t court day. An order was made for the payment of assignee's and solicitors' fees out of the estate, £5 for assignee, £15 15s to assignee's solicitor, and £10 10s to debtor's Hohcitor. In re David Euorr. — The deed of composition made with creditors wai confirmed, and the bankruptcy annulled. Costs were allowed out of the estate as follows: — Deputy assignee, £10 ; assignee's solicitor (MrONeill), £'.i fls; and debtor's solicitor (Mr Hay), £10 10s. In re Geo. Mudgway. — In this estate there were no assets, and Mr O'Neill applied for an order for costs of assignee and solicitor. He explained that the claim would have to be sent in to the Government, who uiipht pay it, but it was necessary to get an order from the Court. Order granted. In re H. C. N. Tvnvkr. — A similar order was granted in this case, and debtor's application for discharge was allowed to .stand over, he not having put in an appearance. In reT. H. Hot. -Mr O'Neill for the assignee, .said the amount now jn the hands of the assignee, after paying for advertising, was 2s lOd. Only £1 7s lOd had been collected. There were some book debt*., but it was not expected that they would realise anything substantial, though nominally they were worth a great deal. He applied for costs as m the other casei, and also for an order to dispose of the book debts. Mr Hay, for the debtor, hoped the book debts would be sold by public auction. He had been instructed that they were very valuable. His Honour granted the orders, and ijfid he would leave it to the deputy assignee to dispose of the book debts in the manner which in his opinion was be->t. In re J. E. H\v\u-:v.— ln this case the bankiuptcy had lapsed, and an order wu now made for costs as in the case of Mudgway. In re Ronr. Wnu vvrsov— The debtor came up tor public exairi lation. Mr Hay appeared for the debtor, and Mr O'Xeill for the oificial assignee and for the Waikato Laud Association, one of the creiitors. The Asiignee's icput of bankiupt's examination was read by the clerk of the couit. The report was unfavourable to the bankrupt. It stated that the assets in the svvoin statement of the bankiupt when fiist handed in, the assignee showed that a fictitious \alue had been put on the mortgaged properties of the debtor, which v\as afterwards amended. An asset also of £7 10s had not been disclosed to the assignee, and the bankrupt had a short time prior to bankruptcy removed valuable furniture for the Tiiuwhare Hotel to his wife's residence at Claudelands. The bankrupt's books were not considered the reasonable books of account, and nothing satisfactory ciuld be made out of them >«o as to give an idea of bankrupt'! business transactions. From the private examination it appeared that a day or two before tiling the bankrupt sold a lathe and grindstone for £"•, w Inch sum he paid to court for petition, Another sum of money, £11, was paid to his solicitor on account of bankruptcy. Ho .I'l.iutt'vl having £10 or £18 at the tune of him?, which was paid away after filing petition. Cross-examined by Mr O'Neill. Had a trap before I filed, but sold it about the end of May ; I filed on the 10th June. Sold it to Mr Gncsby, Tauwhaie, for £14. Got the money. Had not decided to hie then. l\ut of this money 1 gave to Mr Hay for expenses of filing. Had no conversation with Grigsby about filing. Took the hotel in Januai y, 1884, and had paid £37 10s in rent. Did not hell any furniture out of the hotel. The last money he paid was into court. Had been using the tiap since it was sold, but not since the bankruptcy he thought. A man named Murray had a- contract at Tauwhare, but the men did not patronise him very liberally. Had not removed anything save what he had already stated. Examined by Mr Hay :— When I filed on the 10th June you were away. I paid your clerk £<>. Believed this to be part of the estate. I saw you some two or three days afterwaids, and you said you could not take money from the bankrupt, and that I had better get somebody to guarantee the money. I heard you tell your clerk that he had done wrong to take the money. I got the money ba<*k. I retained the £6. becauso I thought I would have to have money to pay a lawyei. I had also £5 which belonged to my children. I got it from my vvifo, in whose custody it was, to pay the court fee-.. I gave the money to Mr Peacocke. At my first meeting of creditors there weie present, Messrs Fradgley, Burnett, Scott and Trewheellar. It was agreed to givo the piano, together with the furniture that was at Claudelands, to my wife. I never sold the equity of redemption of, or conveyed lot 112. I own it now. When I was examined before the deputy assignee only Mi O'Neill was present. I can find no mention of the piano in the minute book, produced. Did not attempt to conceal the removal of the property from the hotel. The leason I removed some of it was because my wife had coino into Claudelands, and was expecting her confinement. The piano belonged to my wife. I have given up all my estate, and given the assignee all the assistance he asked. When I went into the hotel I borrowed the money on my wife's property. I gave her the equity of redemption on the allotment in Hamilton, but had not given the equity of redemption of lot 142. Mr Edgecumbo explained that a mistake had been made, lot 142 being substituted foi^lota."). Examination continued : The cause of my bankiuptcy was slackness of trade and heavy household expenses. The sale of the tiap was a bona fide affair. Examined by Mr O'Neill :— I gave the £6 1 leccncd back from Mr Hay and the £5 I got fiom my wife to Mr Peacock, who subsequently paid the whole sum to Mr Hay. I exchanged a piece of land for the piano. The land was mine, not ray wife's. Though I had some £15 or t'llj in hand at the time 1 filed, I did not put it in my schedule. By tho Court : I am not competent to keep books con ectly. The examination was then passed. Mr O'Neill applied for an order to seize the piano. After some argument, the application was adjourned till next couitday. Mr O'Neill also applied for an order to r»c>ver the cash in the estate, but the court decided that a summons should be. taken out w ith that object. ! This vv\U} all the business.