✨ Insolvency Court Orders
260
THE NEW ZEALAND GAZETTE.
counsel for the said petitioners, Alfred George
Fisher and George William Moss, and of counsel for
William Isaac, Louis Thoneman, and Edward Bowes
Cargill, proposed as trustees of the joint estate for
the benefit of the creditors entitled to a distribution
thereof, and of counsel for Charles Alexander
Pritchard, proposed as trustee of the separate
estate of the said Alfred George Fisher, for the benefit
of the creditors entitled to a distribution of the said
last mentioned estate, and of counsel for Frederick
Joseph Moss, proposed as trustee of the separate
estate of the said George William Moss, for the
benefit of the creditors entitled to a distribution of
the said last mentioned estate, it is ordered that the
said Alfred George Fisher and George William Moss,
or the Registrar of this Court on their behalf,
respectively, do by deed, assign, transfer, and make
over all the real and personal property, estate and
effects of them the said Alfred George Fisher and
George William Moss, and all other property, estate
and effects to which or any part of which they are or
were at the time of the presentation of the said
petition jointly entitled unto the said William Isaac,
of Dunedin, merchant, Louis Thoneman, of same
place, merchant, and Edward Bowes Cargill, of same
place, merchant, upon trust for the collection and
conversion into money of the said joint property,
estate and effects, and for the distribution of the net
proceeds thereof pro rata, and subject to existing
legal priorities (if any) amongst such of the creditors
of the said petitioners jointly as shall duly prove
their respective debts by affidavit within three months
after the date of the registration of the said deed,
and upon further trust to pay and apply the surplus
(if any) of the said proceeds to such person or
persons as shall be the trustee or trustees for the
time being of the separate estate and effects of the
said Alfred George Fisher and George William
Moss respectively, in the proportion and according
to the respective rights and interests of the said
Alfred George Fisher and George William Moss
respectively, of and in the said surplus at the time
of the presentation of the said petition: And it is
further ordered that the said Alfred George Fisher
and George William Moss, or the Registrar of this
Court on their behalf, do by deed, assign, transfer, and
make over all the real and personal property, estate
and effects of and to which the said Alfred George Fisher
is or was at the time of the presentation of the
petition solely and separately entitled unto the said
Charles Alexander Pritchard, of Dunedin, merchant,
upon trust for the collection and conversion into
money of the said last mentioned property, estate
and effects, and for the distribution of the net
proceeds thereof pro rata, and subject to existing
legal priorities (if any) in the first place amongst
such of the separate creditors of the said Alfred
George Fisher as shall duly prove their respective
debts by affidavit within three months after the date
of the registration of the said last mentioned deed,
and in the next place, upon further trust, to pay and
apply the surplus (if any) to the trustee or trustees
for the time being of the joint estate and effects of
the said Alfred George Fisher and George William
Moss, to be by them distributed in manner herein-
before mentioned amongst the said joint creditors of
the said Alfred George Fisher and George William
Moss, whose debts (duly proved in manner aforesaid)
shall then still remain unsatisfied; And it is further
ordered that the said George William Moss, or the
said Registrar on his behalf, do in like manner assign,
transfer, and make over all the real and personal
property, estate and effects of and to which the said
George William Moss is or was at the time of the
presentation of the said petition solely and separately
entitled unto the said Frederick Joseph Moss,
of Dunedin, merchant, upon trust for the collection
and conversion into money of the said last mentioned
property, estate and effects, and for the distribution
of the net proceeds thereof pro rata, and subject to
existing legal priorities (if any) amongst such of the
separate creditors of the said George William Moss
as shall duly prove their respective debts by affidavit
within three months after the date of the registration
of the said last mentioned deed, and upon further
trust to pay and apply the surplus (if any) to the
trustee or trustees for the time being of the joint
estate and effects of the said Alfred George Fisher
and George William Moss, to be by them distributed
in manner hereinbefore mentioned amongst the said
creditors of the said Alfred George Fisher and
George William Moss, whose debts (duly proved in
manner aforesaid) shall then still remain unsatisfied.
Dated this fifteenth day of May, 1865.
By the Court,
(L.S.) ROBERT CHAPMAN,
Registrar.
In the Supreme Court of New Zealand : Otago and
Southland District.
In Insolvency.—In the matter of the petition of
Thomas Walsh, trading in copartnership with
one Henry Walsh, under the style of "Walsh
Brothers," of Dunedin, in the Province of Otago,
boot and shoe merchants, a debtor, and in the
matter of "Debtors and Creditors Act, 1862."
UPON reading the petition of the abovenamed
insolvent, and upon hearing Mr. William James
Dempsey, of counsel for the interim sequestrator,
and upon examining the insolvent and the
said sequestrator, it is ordered that the Registrar of
the Supreme Court do convey to John Alexander
Ewen, all the real and personal estate of the insolvent
whether in possession, expectancy, or reversion, or
otherwise, subject to the usual trusts for the benefit
of creditors; it is further ordered that the costs of
the interim sequestrator incurred by him in discharge
of his duties as sequestrator, of and attendant upon
this rule, be taxed by the proper officer and paid by
the Registrar of the Supreme Court out of the funds
in his hands to the credit of the estate.
Dated this fifteenth day of May, 1865.
By the Court,
(L.S.) ROBERT CHAPMAN,
Registrar.
Smith and Dempsey, Dunedin,
solicitors for John Alexander Ewen,
the interim sequestrator.
Printed under the authority of the New Zealand Government, by GEORGE DIDSBURY, Government Printer, Wellington.
✨ LLM interpretation of page content
⚖️
Continuation of Order for Assignment of Estates of Fisher and Moss
(continued from previous page)
⚖️ Justice & Law Enforcement15 May 1865
Supreme Court, Insolvency, Sequestration, Assignment of property, Dunedin, Creditors
7 names identified
- Alfred George Fisher, Petitioner required to assign property
- George William Moss, Petitioner required to assign property
- William Isaac, Proposed joint trustee of estate
- Louis Thoneman, Proposed joint trustee of estate
- Edward Bowes Cargill, Proposed joint trustee of estate
- Charles Alexander Pritchard, Proposed trustee of separate estate
- Frederick Joseph Moss, Proposed trustee of separate estate
- Robert Chapman, Registrar
⚖️ Supreme Court Order in Insolvency for Thomas Walsh (Walsh Brothers)
⚖️ Justice & Law Enforcement15 May 1865
Supreme Court, Insolvency, Sequestration, Estate conveyance, Dunedin, Boot and shoe merchants
- Thomas Walsh, Insolvent debtor, Walsh Brothers
- Henry Walsh, Partner in Walsh Brothers
- John Alexander Ewen, Recipient of insolvent estate conveyance
- Robert Chapman, Registrar
- Smith and Dempsey, Dunedin, solicitors for John Alexander Ewen
NZ Gazette 1865, No 33