✨ Debtors and Creditors Act Proceedings
31
By the Court,
EDWARD S. WILCOCKS,
Registrar.
[L.S.]
In the Supreme Court of New Zealand.
CANTERBURY DISTRICT.
In the matter of the "Debtors and Creditors Acts;" and
In the matter of the estate of Matthew Henry Oram a debtor; and
In the matter of the petition of the said debtor.
WEDNESDAY the Eighteenth day of December 1867 at a sitting of the Court pursuant to the said Acts upon the application of Mr. Garrick of counsel for the said debtor and upon reading the order made herein on the Fifteenth day of November last past and the affidavit of James Bickerton Fisher sworn and filed herein on the Seventeenth day of December instant the said debtor appearing and attending in person pursuant to the said Act and upon the examination of the said debtor This Court doth declare that the following persons and firms respectively have proved their debts or claims namely:—
| Names. | Residences. | Amount. £ s. d. |
|---|---|---|
| Nil. | Nil. | Nil. |
And upon consideration of the matters aforesaid at this the final hearing of the said petition this Court doth further declare that the said debtor is entitled to full relief according to the provisions of the said Acts And this Court doth further order that Frederick Henry Melville Walker of Christchurch in the Canterbury District aforesaid Accountant be and he is hereby appointed trustee to recover and receive all debts moneys 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 realizing such estate moneys goods chattels and effects and thereout in the first place of payment of all fees payable by law And in the next place of satisfying all costs charges and expenses incurred by order of the Court or incidental to the execution of such trust and all fees of Court and such other sums of money if any as shall be ordered by the Court and subject thereto for the purpose of a just distribution and administration between and amongst and for the benefit of all the creditors of the said debtor who have so proved their debts or claims as aforesaid
by way of pro rata distribution subject to existing legal priorities And subject thereto of all creditors of the said debtors if any at the time of the 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 likewise by way of pro rata distribution subject to existing legal priorities And this Court doth further order that in the meantime and until further order of the Court the said debtor and his estate shall be deemed to be protected from arrest execution and other legal process in respect of all debts of and claims against the said debtor specified in the Schedule annexed to the said petition namely:—
| Name. | Residence. | Amount. £ s. d. |
|---|---|---|
| Cobb and Sawtell | Christchurch | 217 13 11 |
| Warner, Walton, and Co. | Christchurch | 125 6 2 |
| Heywood and Co., J.M. | Christchurch | 186 7 4 |
| Montgomery, W. | Christchurch | 75 4 1 |
| White, J. W. | Christchurch | 58 15 0 |
| Bowry | Kaiapoi | 40 2 6 |
| Barnard, W. D. | Christchurch | 53 8 0 |
| Twentyman and Cousin | Christchurch | 111 4 3 |
| Harris (Messrs. Baylee and Co., Grocers) | Christchurch | 30 7 3 |
| Oram, Herbert | Kaiapoi | 101 4 0 |
| Gas Company, limited | Christchurch | 16 0 0 |
| Ward and Reeves | Christchurch | 12 12 0 |
| Beath, Kirby, and Co. | Christchurch | 13 9 0 |
| Sarell, Thomas | Christchurch | 1 10 1 |
| Proprietors Timaru Herald | Timaru | 1 5 0 |
| Thiel, Mytton, and Co. | Christchurch | 14 18 0 |
| Barnard Simpson | Christchurch | 2 14 0 |
| Win. Stringer and Co., Drapers | Christchurch | 6 15 6 |
| Matheson’s Agency | Christchurch | 14 0 0 |
| Hargood and Son | Christchurch | 1 0 6 |
| Bargrove, — | Christchurch | 5 0 0 |
| (about) | ||
| Baylee and Co. | Christchurch | 0 15 0 |
| Newton and Barnes | Christchurch | 5 18 0 |
| Gee, Thomas | Christchurch | 15 15 0 |
| Raphael, A. J. | Christchurch | 310 0 0 |
| Peacock, J. T. | England | 2320 0 0 |
| O’Rourke | Christchurch | 1000 0 0 |
| Marsan, Donoughue (about) | Christchurch | 22 0 0 |
| Macdonald, Elizabeth | Christchurch | 13 1 3 |
| Davies, Thomas | Christchurch | 12 10 0 |
| Francis, Ann | Christchurch | 7 10 0 |
| Shepherd, J. | Christchurch | 17 0 0 |
| Davis, Thomas | Christchurch | 5 0 0 |
| Dowding, Samuel Smith | Christchurch | 4 3 6 |
| Mundy, Walter E. | 12 0 0 |
And it is hereby declared that the said debtor shall be released and discharged from all debts liabilities and engagements specified herein this Court expressly reserving to the said debtor the receiver the said trustee and the creditors liberty to apply to the Court as they may see fit or be advised.
By the Court,
EDWARD S. WILCOCKS,
Registrar.
[L.S.]
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Canterbury Provincial Gazette 1868, No 9
✨ LLM interpretation of page content
⚖️
Debtors and Creditors Act Proceedings
(continued from previous page)
⚖️ Justice & Law Enforcement18 December 1867
Debtors and Creditors Act, Supreme Court, Canterbury District, Debt Proven, Trustee Appointment
40 names identified
- Matthew Henry Oram, Debtor in proceedings
- Garrick (Mr.), Counsel for the debtor
- James Bickerton Fisher, Affiant in proceedings
- Frederick Henry Melville Walker, Appointed trustee
- Cobb, Creditor
- Sawtell, Creditor
- Warner, Creditor
- Walton, Creditor
- Heywood, Creditor
- W. Montgomery, Creditor
- J. W. White, Creditor
- Bowry, Creditor
- W. D. Barnard, Creditor
- Twentyman, Creditor
- Cousin, Creditor
- Harris, Creditor
- Herbert Oram, Creditor
- Thomas Sarell, Creditor
- Thiel, Creditor
- Mytton, Creditor
- Barnard Simpson, Creditor
- Win. Stringer, Creditor
- Matheson, Creditor
- Hargood, Creditor
- Bargrove, Creditor
- Newton, Creditor
- Barnes, Creditor
- Thomas Gee, Creditor
- A. J. Raphael, Creditor
- J. T. Peacock, Creditor
- O’Rourke, Creditor
- Marsan, Creditor
- Donoughue, Creditor
- Elizabeth Macdonald, Creditor
- Thomas Davies, Creditor
- Ann Francis, Creditor
- J. Shepherd, Creditor
- Thomas Davis, Creditor
- Samuel Smith Dowding, Creditor
- Walter E. Mundy, Creditor
- EDWARD S. WILCOCKS, Registrar