✨ Supreme Court Proceedings
63
trated; and that the same shall be taken and
held by Robert Roger Strang, Esquire,
Registrar of the said Court, in such manner,
and for such time and otherwise, as the said
Court shall from time to time direct; subject
to such further order of the Court as may be
made under or in pursuance of the provisions
of the said Act.
By the Court.
Amended Petition,
Filed 15th November, 1864.
IN THE SUPREME COURT OF NEW ZEALAND,
MIDDLE DISTRICT.
In the matter of "The Debtors’ and Creditors’ Act, 1862;" and
In the matter of George Masterton Clarke,
of Wellington, a prisoner for debt.
On Wednesday, November 9, 1864.
UPON hearing the petition herein read
and Mr. Allen, of Counsel for the Petitioner, and on the petition being amended
and filed, it is ordered that until the Sixteenth
day of January, One thousand eight hundred
and sixty-five, or the further order of this Court
to the contrary, the person and estate of the
said George Masterton Clarke be protected
from arrest, execution, or other legal process;
and that the person of the said George
Masterton Clarke shall also be protected
from further detention: Provided, that the
said George Masterton Clarke do attend at
the hearing of the said petition; and provided that the Petitioner shall be liable to
be remanded into custody upon the execution
upon which he is detained on the further
order of this Court.
By the Court.
[L.S.]
IN THE SUPREME COURT OF NEW ZEALAND,
MIDDLE DISTRICT.
In the matter of "The Debtors’ and Creditors’ Act, 1862;" and
In the matter of George Masterton Clarke.
On Monday, January 16, 1865.
UPON hearing the two orders made herein
the Ninth day of November, One thousand
eight hundred and sixty-four, read, and
what was alleged by Mr. Hart, of Counsel
for the Petitioner, it is ordered, that the petition of the Petitioner herein shall be set
down for hearing at the Supreme Court
House, at Wellington, on Monday, the
Eighth day of May, One thousand eight
hundred and sixty-five, at ten o’clock in the
forenoon; and that the said George Masterton Clarke do attend at the time and place
aforesaid, to be examined touching his estate
and effects: And it is further ordered that
(upon service of notice of the order made
herein on the said Ninth day of November,
One thousand eight hundred and sixty-four,
and of this order upon the several creditors
named in the Schedule to the said petition)
until the Eighth day of May, One thousand
eight hundred and sixty-five, or the further
order of this Court to the contrary, the
person and estate of the said George Masterton Clarke be protected from arrest, execution, or other legal process; provided that
the said George Masterton Clarke do attend
at the hearing of the said petition; and
provided that the Petitioner shall be liable
to be remanded into custody upon the execution upon which he was detained on the
further order of this Court.
By the Court.
[L.S.]
IN THE SUPREME COURT OF NEW ZEALAND,
MIDDLE DISTRICT.
In the matter of "The Debtors’ and Creditors’ Act, 1862;" and
In the matter of George Masterton Clarke.
On Tuesday, January 17, 1865.
UPON hearing the petition filed herein
read, and what was alleged by Mr. Hart,
the Counsel for the Petitioner, it is ordered
that the said Petitioner be at liberty to
amend his said petition by inserting the
following statement between the third and
fourth paragraphs of the said petition—
"That your Petitioner some time in the
month of May, in the year 1862, entered
into partnership with one William Smart in
the business of auctioneers and architects,
which they carried on together at Kaiapoi,
in the Province of Canterbury, until in or
about the month of November in the same
year, when the said William Smart quitted
the said business, leaving the assets thereof
in the hands of your Petitioner; and your
Petitioner took upon himself the burthen of
the debts of the said co-partnership.
That the rent of the business premises
being in arrear, John Leech, the landlord
thereof, took possession of the goods and the
stock-in-trade belonging thereto; and your
Petitioner left the same in his hands to an
amount in value far exceeding the arrears of
rent then due, but has since received from
him no account whatever of the said goods,
or of the disposal thereof."
By the Court.
[L.S.]
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✨ LLM interpretation of page content
⚖️
Debtor’s Petition Hearing
(continued from previous page)
⚖️ Justice & Law Enforcement9 November 1864
Debtors’ and Creditors’ Act, Supreme Court, Wellington
- George Masterton Clarke, Protected from arrest and detention
- The Court
⚖️ Amended Petition Hearing
⚖️ Justice & Law Enforcement16 January 1865
Debtors’ and Creditors’ Act, Supreme Court, Wellington
- George Masterton Clarke, Petition set down for hearing
- The Court
⚖️ Petition Amendment Order
⚖️ Justice & Law Enforcement17 January 1865
Debtors’ and Creditors’ Act, Supreme Court, Wellington
- George Masterton Clarke, Permitted to amend petition
- William Smart, Former business partner
- John Leech, Landlord of business premises
- The Court
Canterbury Provincial Gazette 1865, No 11