Insolvency Notices




THE NEW ZEALAND GAZETTE. 247

UPON reading the petition filed herein on the
nineteenth day of August, one thousand eight
hundred and sixty-four, the rule or order made
herein on the said nineteeth 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 honourable 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 abovenamed 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, 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 realizing
such estate, moneys, 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 moneys recovered and received
from such estate and effects, such sum to be paid
into Court to the credit of the Insolvent Estate
Fund pursuant to the said Act; and in the next
place of satisfying all charges and expenses incurred
by order of the Court 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 prove 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,
Registrar.

Garrick and Cowlishaw,
Solicitors to the Petitioner.
(L S.)

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

In the matter of the petition of Alexander Williamson,
of Princes-street, Dunedin, in the Province of
Otago, grocer and storekeeper, trading under
the firm of "Jones and Williamson," a debtor;
and in the matter of the "Debtors' and Creditors'
Act, 1862."

WHEREAS the said Alexander Williamson did,
on the twentieth day of February last, with the
concurrence of Messrs. M'Landress, Hepburn and
Co., of Dunedin aforesaid, auctioneers, who were
creditors of the said Alexander Williamson to the
extent of not less than fifty pounds, present his
petition to Christopher William Richmond, Esquire,
one of the judges of this Court, resident at Dunedin
aforesaid, praying for sequestration of his estate for
the benefit of his creditors, and for relief, pursuant
to the Provisions of the "Debtors' and Creditors' Act,
1862;" And whereas the said petition was accepted
by Henry Samuel Chapman, Esquire, another judge
of this Court, resident at Dunedin aforesaid, who
being satisfied of the truth of the matters contained
in the said petition, did thereupon appoint Saturday,
the eighteenth day of March now last, for hearing the
same, on which day, and again by adjournment on the
first day of April last, the petitioner duly attended
before this Court; and on the last mentioned day this
Court did order that the said petitioner should, on
or before this day, or within such extended time as
this Court should grant for that purpose, cede and
deliver, convey and assign unto James Taylor
M'Kerras, of Dunedin, merchant, and William
Alexander Tolmie, also of Dunedin, merchant, their
heirs, executors, administrators, and assigns res-
pectively, according to the nature and quality thereof
respectively, all the estate and effects of the petitioner,
except as in the said order is excepted, upon trust for
the purpose of selling and disposing of, getting in and
receiving, or otherwise realizing the same; and in
the first place paying, satisfying, and discharging all
costs, charges, and expenses incurred by order of this
Court, or incidental to the execution of the trusts of
the conveyance and assignment to be made in pursu-
ance of the said order, and all fees of Court, and all
payments to the Insolvent Estate Fund, payable
under the thirty-ninth section of the said Act, and
such other sums of money (if any) as should be
ordered by this Court, and subject thereto for the
purpose of justly distributing and administering the
clear residue of the said moneys between and amongst
and for the benefit of all the creditors of the said
petitioner at the time of the presentation of his said
petition, and who should duly prove their debts by affi-
davit within six calendar months from the date of the
said order, by way of pro rata distribution, subject to
existing legal priorities; and if there should be any
surplus of the said moneys after answering the pur-
poses aforesaid, should pay such surplus to the said
petitioner; And it was further ordered that the
Registrar of this Court at Dunedin should make and
execute such cession and delivery, conveyance and
assignment, in the name and on behalf of the
petitioner, and that such conveyance and assignment
should contain all requisite powers for enabling the
said James Taylor M'Kerras and William Alexander
Tolmie to recover and receive debts, moneys, goods,
chattels, estate and effects, in any way belonging to
or due and payable to the petitioner, or any of such
debts or moneys, goods, chattles, estate, or effects in
particular, upon the trusts as aforesaid; and the
further consideration of the matters of the said
petition was further adjourned until this day: And
whereas Robert Chapman, Esquire, the said Registrar,
has made and executed a deed of conveyance and
assignment in the name and on behalf of the said
petitioner, and in conformity in all respects with the
terms of the said recited order: Now, upon produc-
tion of the said deed of conveyance and assignment
and this Court being satisfied that the said petitioner
has complied with the terms of the said order, and
upon hearing Mr. Cook, of counsel for the said
petitioner, it is ordered that the said petitioner,
Alexander Williamson, be, and he is hereby released



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1865, No 30





✨ LLM interpretation of page content

⚖️ Supreme Court notice regarding the estate of debtor Maurice Mayo (continued from previous page)

⚖️ Justice & Law Enforcement
Supreme Court, Debtors and Creditors Act 1862, Creditor petition, Canterbury
  • William Hannibal Lane, Debtor relief suspended
  • Christopher Alderson Calvert, Registrar conveying debtor's estate

  • Mr Garrick
  • Mr. Williams
  • CHRISTOPHER ALDERSON CALVERT, Registrar
  • Garrick and Cowlishaw, Solicitors to the Petitioner

⚖️ Insolvency proceedings and estate assignment for Alexander Williamson

⚖️ Justice & Law Enforcement
Supreme Court, Otago, Southland, Insolvency, Debtor petition, Trustee appointment
  • Alexander Williamson, Debtor petitioning for sequestration
  • James Taylor M'Kerras, Appointed trustee of estate
  • William Alexander Tolmie, Appointed trustee of estate

  • Christopher William Richmond, Esquire
  • Henry Samuel Chapman, Esquire
  • Robert Chapman, Esquire, the said Registrar
  • Mr. Cook