Insolvency and Customs Notices




454

And the Court doth accordingly direct that the
Schedule annexed to the Petition be amended by
specifying therein such of the said debts, if any, as
are not already specified. And upon consideration
of the matters aforesaid at this the final hearing of
the said Petition, the Court doth further declare that
the said Petitioner is entitled to full relief, according
to the provisions of the said Act, upon his execution
of the Deed hereinafter mentioned. And this Court
doth further order and direct the said Petitioner to
cede and deliver, convey and assign, all his estate
and effects at the time of his making and filing the
said Petition, to Hyam Marks, of Christchurch in
the Province of Canterbury, Tobacconist,—the said
Hyam Marks appearing to the Court to be a fit and
proper person to act as a Trustee of the said Peti-
tioner's estate; such conveyance and assignment to
be pursuant to the said Act, and to contain all
requisite powers for enabling the said Hyam Marks
to recover and receive all debts, monies, goods,
chattels, estate, and effects in any way belonging to
or due and payable to the said Petitioner, 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 Estate's Fund,
pursuant to the said Act; 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 trusts, 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 of such estate and
effects between and amongst and for the benefit of all
the Creditors of the said Petitioner who have so
proved as aforesaid, and subject thereto of all such
Creditors of the said Petitioner, 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 this Court doth further order that
in the meantime, and until further order, the said
Petitioner and his estate shall be deemed to be pro-
tected from arrest, execution, and other legal process
in respect of all debts of and claims against the said
Petitioner specified in the Schedule annexed to the
said Petition, and the amendment thereof after the
same shall have been so amended as aforesaid. And
it is hereby declared that upon compliance by the
said Petitioner with the terms of this order, he shall
be released and discharged from all the debts, liabili-
ties, and engagements specified herein, this Court
expressly reserving to the Petitioner, the Receiver,
and the said Trustees, and the said Creditors, liberty
to apply to the Court as they may see fit or be advised.
By the Court,
CHRISTOPHER ALDERSON CALVERT,
Registrar.

In the Supreme Court of New Zealand: Otago and
Southland District.

In the matter of the Petition of Walter Hislop, of
Dunedin, in the Province of Otago, New Zealand,
Draper, a Debtor; and in the matter of the
Petition of William Graham, of Dunedin afore-
said, Merchant, a Creditor of the said
Walter Hislop to the extent of not less than
fifty pounds; and in the matter of "The Debtors'
and Creditors' Act, 1862."

THE NEW ZEALAND GAZETTE.

Before His Honor Mr. Justice Richmond.

WHEREAS on the thirty-first day of October
now last past, upon reading the Petition of
the above-named Walter Hislop, and the affidavit of
the affidavit of the said Walter Hislop thereunto
annexed, and the affidavit of William Graham sworn
and filed thereon; and upon hearing Mr. Turton of
counsel for the said Petitioner, and Mr. Barton of
counsel for the above-named William Graham, the
interim sequestrator of the estate and effects of the
said Petitioner—it was ordered that within the space
of seven days from the date of the said order, or
within such extended time as this Court should grant
for that purpose, the said Petitioner should convey,
assign, and make over all his real and personal estate
and effects unto Henry Tewstey, of Dunedin afore-
said, Draper, and to the said William Graham, upon
trust for the collection and conversion into money of
the said estate and effects, and the distribution of the
net proceeds, pro rata; and subject to existing legal
priorities (if any) amongst such of the Creditors of
the said Petitioner as should duly prove their res-
pective debts by affidavits filed in the office of the
Registrar at Dunedin, within the space of three
calendar months from the date of the registration of
the said deed in this Court: And whereas the said
order has, by an order of even date herewith, been
varied in so far as the same related to the time
within which Creditors of the said Petitioner must
come in and prove their claims, and by which said
varying order such time has been enlarged from three
calendar months to nine calendar months from the
date of the registration of the said deed as aforesaid,
or within such further time as the Court might before
the expiration of the said space of nine calendar
months order and direct: And whereas the said
Debtor, Walter Hislop, having complied with the
terms of the said hereinbefore in part recited orders,
and upon hearing Mr. Turton of Counsel for the said
Debtor, and Mr. Barton of Counsel for the said
Henry Tewsley and William Graham—it is hereby
ordered that the said Walter Hislop be released and
discharged from his debts, liabilities, and engagements
specified in the Schedule marked "B," annexed to
his said Petition.

Dated at Dunedin, this seventh day of November,
1864.

By the Court,
ROBERT CHAPMAN,
Registrar.

CUSTOMS NOTICE.

Custom House, Lyttelton,
29th August, 1864.

NOTICE is hereby given that the undermentioned
Building will be known as "Beswick's
Bonding Warehouse" has been duly approved and
appointed in accordance with the 11th Section of the
Customs Regulation Act 1858 to be a Warehouse for
the securing of goods under Bond for the Payment
of duties of Customs:

The whole of a two Storied Wooden Building, cob-
lined inside, belonging to and now occupied by Mr.
John Beswick of Timaru, merchant, and situated at
"Rhodes Town," Timaru, on the Eastern side of the
Great North Road near its intersection with George
street and Cains street and on Rural section num-
bered 7555 on the Maps of the Chief Surveyor,
Canterbury, of the Timaru District.

J. W. HAMILTON.
Deputy Commissioner.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1864, No 48





✨ LLM interpretation of page content

⚖️ Supreme Court declaration of proved debts in the bankruptcy of James Hosie (continued from previous page)

⚖️ Justice & Law Enforcement
18 May 1864
Supreme Court, Bankruptcy, Trustee appointment, Estate distribution, Discharge, Canterbury
  • CHRISTOPHER ALDERSON CALVERT, Registrar

⚖️ Supreme Court order regarding the insolvency petition of Walter Hislop and William Graham

⚖️ Justice & Law Enforcement
7 November 1864
Supreme Court, Insolvency, Debtor, Creditor, Dunedin, Estate assignment, Discharge
  • Walter Hislop, Debtor in insolvency petition
  • William Graham, Creditor and Trustee nominee
  • Henry Tewsley, Trustee nominee

  • Mr. Justice Richmond
  • Mr. Turton, of counsel for the said Petitioner
  • Mr. Barton, of counsel for the said William Graham
  • Mr. Turton, of Counsel for the said Debtor
  • ROBERT CHAPMAN, Registrar

🏭 Approval of Beswick's Bonding Warehouse in Timaru

🏭 Trade, Customs & Industry
29 August 1864
Customs, Bonding Warehouse, Lyttelton, Timaru, Duties
  • John Beswick (Mr.), Owner of bonding warehouse

  • J. W. Hamilton, Deputy Commissioner