Debtor's Estate Order




105

teenth day of August last past the rule or order made herein on the Twenty-second day of November last and the affidavit of Arthur Robert Guinness sworn and filed herein on the First day of February instant the said Debtor appearing and being examined viva voce pursuant to the said Act And upon hearing Mr. Garrick of Counsel for the said William Hannibal Lane and Mr. Williams of Counsel for the said debtor

it is ordered that the relief to which the said debtor is entitled under the said petition be suspended for the space of three calendar months from the date hereof and it is further ordered that Christopher Alderson Calvert the Registrar of this Honorable Court do forthwith in the name and behalf of the said debtor cede and deliver convey and assign all the estate and effects of the said debtor at the time of the filing of the said petition to the above-named William Hannibal Lane, he having been appointed by the Court to act as trustee of the said debtor’s estate such conveyance and assignment to be pursuant to the said Act and to contain all requisite powers for enabling the said William Hannibal Lane to recover and receive all debts monies goods chattels estate and effects in any way belonging to or due and payable to the said debtor upon the trusts with the powers and subject to the conditions requisite for the purpose of selling disposing of getting in and receiving or otherwise realising such estate monies goods chattels and effects and thereout in the first place of payment of a sum of one shilling in the pound to be computed on the gross amount of all monies recovered and received from such estate and effects such sum to be paid into Court to the credit of the insolvent estates fund pursuant to the said Act and in the next place of satisfying all charges and expenses incurred by order of the Court or incidental to the execution of such trusts and all fees of Court and such other sums of money (if any) as shall be ordered by the Court and subject thereto of a just distribution and administration of such estate and effects between and amongst and for the benefit of all the creditors of the said debtor who have proved their debts or claims and subject thereto of all such creditors of the said debtor (if any) at the time of filing the said petition as shall within six calendar months from the date of this order have proved their claims to the satisfaction of the Court or a judge thereof by way of pro rata distribution (without priority)

And it is further ordered that after the expiration of three calendar months from the date hereof the said debtor and his estate shall be protected from arrest execution or other legal process in respect of all claims against and debts of the said debtor this Court expressly reserving liberty to all parties to apply to the Court as they may see fit or be advised.

By the Court,

Christopher Alderson Calvert,
(L.S.)
Registrar.

Clarke & Cowlishaw,
Solicitors to the Petition.



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Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1865, No 16





✨ LLM interpretation of page content

⚖️ Order for Suspension of Relief and Assignment of Debtor's Estate (continued from previous page)

⚖️ Justice & Law Enforcement
Debtor's estate, Suspension of relief, Trustee appointment, Insolvent estates fund, Creditors' claims
6 names identified
  • Maurice Mayo, Debtor whose estate is subject to the order
  • William Hannibal Lane, Appointed trustee of the debtor's estate
  • Christopher Alderson Calvert, Registrar of the Honorable Court
  • Arthur Robert Guinness, Sworn and filed affidavit
  • Garrick, Counsel for William Hannibal Lane
  • Williams, Counsel for the debtor

  • Christopher Alderson Calvert, Registrar