Insolvency Court Orders




314
THE NEW ZEALAND GAZETTE.

William Richardson filed on the fourteenth day of
June, pursuant to such order, and the affidavit of
Arthur Robert Guinness, sworn and filed this day,
and upon hearing Mr. Garrick, of counsel for the
said petitioning creditors, the said debtor, though
called not appearing, this Court doth declare that
the following persons and firms respectively have
proved their debts or claims, namely the said L. E.
Nathan and Company, by affidavit annexed to the said
petition, one hundred and sixty-seven pounds one
shilling and eight pence; William Pratt, by his affi-
davit filed the twenty-first day of June last, forty-
nine pounds one shilling and two pence; Berliner
and Bornstein, one hundred pounds, by affidavit of
Louis Berliner filed on the said twenty-first day of
June last; and Henry Asher Davis, forty pounds six
shillings and six pence, by his affidavit filed on the
said twenty-first day of June last.

The Court doth order that Francis James Garrick,
of Merivale, near the City of Christchurch, in the
said Canterbury District, gentleman, a barrister and
solicitor of this honorable Court, do forthwith, in
the name and behalf of the said debtor, Edward
Goodacre, 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
Louis Edward Nathan, he having been appointed by
the Court to act as trustee of the said debtor's estate,
such conveyance and assignment to be pursuant of
the said Act, and to contain all requisite powers for
enabling the said Louis Edward Nathan to recover
and receive all 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 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 Estates 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 inci-
dental 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 adminis-
tration of said estate and effects between and
amongst and for the benefit of all the creditors of the
said debtor who have so proved as aforesaid, and sub-
ject 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 debts or claims to the
satisfaction of the Court, or a Judge thereof, by way
of pro rata distribution (without priority); this
Court expressly reserving to the said debtor, the
receiver, the said trustee, and the said creditors
liberty to apply to the Court as they may see fit or
be advised.

By the Court,
(L.S.) CHRISTOPHER ALDERSON CALVERT,
GARRICK AND COWLISHAW,
Registrar.
Solicitors to the petition.

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

In the matter of the petition of Charles de Vere
Teschemaker, of Spylaw Station, in the Province
of Otago, runholder, a debtor; and in the matter
of "The Debtors and Creditors Act, 1862."

WHEREAS on the eighteenth day of July, A.D.
1865, upon reading the petition of the said
Charles de Vere Teschemaker and the several affi-
davits thereunto annexed, and upon hearing Mr. W.
J. Dempsey, the attorney for the said petitioner, and
Mr. Kenyon, the attorney for several creditors of the
said Charles de Vere Teschemaker, it was ordered
that the Registrar of the Supreme Court of New
Zealand for the Otago and Southland District should
for and on behalf of the said insolvent, convey,
assign, and make over, all the real and personal
estate and effects of the said Charles de Vere
Teschemaker unto Martin Sholl, of Dunedin, in the
Province of Otago aforesaid, stock and share broker,
upon trust for the collection and conversion into
money of the said estate and effects, and the dis-
tribution 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 respective debts by affidavit filed in the
office of the Registrar, at Dunedin aforesaid, within
the space of six calendar months from the date of
the conveyance as aforesaid, and upon and subject to
such other trusts and provisions as the Court should
at or before the final hearing of the said petition
direct or approve. And whereas the said Registrar,
for and on behalf of the said insolvent, executed a
deed of conveyance and assignment of the estate
and effects in conformity with the terms of the said
recited order. Upon production of the said deed, and
upon consideration of the matter, it is hereby ordered
that the said Charles de Vere Teschemaker be dis-
charged and released from his debts, liabilities, and
engagements specified in his said schedule.
Dated the 18th day of August, A.D. 1865.
By the Court.
(L.S.)
ROBT. CHAPMAN,
Registrar.

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

In the matter of the petition of Alfred Ferguson, of
Taieri Beach, in the Province of Otago, settler,
a debtor; and in the matter of "The Debtors
and Creditors Act, 1862."

UPON reading the petition of the said Alfred
Ferguson, and the affidavit thereunto annexed,
and upon hearing Mr. Cook, of counsel for the said
petitioner, it is ordered that the petitioner do, on or
before the fourteenth day of August next, or within
such extended time as this Court shall grant for that
purpose, cede and deliver, convey and assign unto
Thomas Paterson, of Dunedin, civil engineer, and
James Melville Balfour, also of Dunedin, marine
engineer, their heirs, executors, administrators, and
assigns respectively, according to the nature and
quality thereof respectively, all the estate and effects
of the petitioner, except certain hereditaments,
situate respectively in the Waihola and Clarendon
Districts, and being section numbered three (3),
block twenty-six (xxvi.), on the record map of the
said Waihola District, and section numbered forty-
four (44), block six (vi.), on the record map of the
said Clarendon District, and comprised in a lease
dated the fifth day of March, one thousand eight
hundred and sixty-four, made between Isaac Aug-
ustus Avarne of the one part, and the petitioner of
the other part, and except also the wearing apparel
of himself and his wife and children, upon trust for
for the purpose of selling, disposing of, getting in,
and receiving or otherwise realising 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 pursuance of this order, and all fees of Court and
all payment to the Insolvent Estates Fund, payable



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1865, No 41





✨ LLM interpretation of page content

⚖️ Insolvency Proceedings and Debt Proofs for Edward Goodacre (continued from previous page)

⚖️ Justice & Law Enforcement
Insolvency, Debt Proofs, Trustee Appointment, Creditors, Canterbury District
9 names identified
  • Edward Goodacre, debtor in insolvency proceedings
  • L. E. Nathan (Company), proved debt in insolvency
  • William Pratt, proved debt in insolvency
  • Berliner and Bornstein Berliner, proved debt in insolvency
  • Louis Berliner, filed affidavit proving debt
  • Henry Asher Davis, proved debt in insolvency
  • Arthur Robert Guinness, swore affidavit filed this day
  • Francis James Garrick, counsel and ordered to convey estate
  • Louis Edward Nathan, appointed trustee of debtor's estate

  • CHRISTOPHER ALDERSON CALVERT, Registrar
  • GARRICK AND COWLISHAW, Solicitors to the petition

⚖️ Discharge Order for Insolvent Charles de Vere Teschemaker

⚖️ Justice & Law Enforcement
18 August 1865
Insolvency, Discharge Order, Otago, Debtor, Trustee Appointment
  • Charles de Vere Teschemaker, insolvent debtor granted discharge
  • Martin Sholl, appointed trustee of estate
  • W. J. Dempsey (Mr.), attorney for the petitioner
  • Kenyon (Mr.), attorney for several creditors

  • ROBT. CHAPMAN, Registrar

⚖️ Assignment Order for Insolvent Alfred Ferguson's Estate

⚖️ Justice & Law Enforcement
Insolvency, Estate Assignment, Otago, Trustees, Waihola District
  • Alfred Ferguson, insolvent petitioner ordered to assign
  • Thomas Paterson, appointed trustee of estate
  • James Melville Balfour, appointed trustee of estate
  • Isaac Augustus Avarne, original lease grantor
  • Cook (Mr.), counsel for the petitioner