Supreme Court Debt Proceedings




THE NEW ZEALAND GAZETTE. 327

UPON reading the petition of Richard Henry
Leary, and the several affidavits filed in the
matter of the said petition, and the petition of John
M'Clean, and the several affidavits filed in the matter
of the said last mentioned petition, and the rule of
this Court, dated the second day of October, one
thousand eight hundred and sixty-five, made in the
matter of the said Richard Henry Leary, and the
rule of Court, dated the second day of October, one
thousand eight hundred and sixty-five, made in the
matter of the petition of the said John M'Clean,
and upon hearing Mr. Barton, of counsel for the
said petitioners, Richard Henry Leary and John
M'Clean, and also for George Murray and John
Davie, creditors of the said petitioners, and Mr.
Harris, of counsel for Richard Bowden Martin and
Alexander Carrick, creditors of the said petitioners,
it is ordered that the said two several matters hence-
forth be consolidated and treated as one matter; and
it is further ordered that the said Richard Henry
Leary and John M'Clean, or the Registrar of this
Court on their behalf respectively, do, by deed,
assign, transfer and make over all the real and per-
sonal property, estate, and effects of them the said
Richard Henry Leary and John M'Clean, held by
them, or of, or to which they are or were possessed,
or entitled as co-partners, and also all other property,
estate, and effects, of or to which, or any part of
which they are or were each, severally and respec-
tively, in their own right, separately entitled, unto
the said George Murray and John Davie, of Dunedin,
merchants, upon trust for the collection and conver-
sion into money of the said co-partnership property,
estate, and effects, and for the distribution of the
net proceeds thereof pro ratâ, and subject to existing
legal priorities (if any) amongst such of the creditors
of both the said petitioners as shall duly prove their
respective debts by affidavit within three months
after the date of the execution of the said deed; and
after payment of all such creditors, then, upon fur-
ther trust, to pay and divide 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 Richard Henry
Leary and John M'Clean respectively in the propor-
tions and according to the respective rights and
interests of the said Richard Heary Leary and John
M'Clean therein and thereto respectively; and as to
all other the real and personal property, estate, and
effects of or to which the said Richard Henry Leary
is, or, at the time of the presentation of his said
petition, was possessed or entitled, 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 ratâ,
and subject to existing legal priorities (if any) in the
first place amongst such of the separate creditors of
the said Richard Henry Leary as shall duly prove
their respective debts by affidavit within three months
after the date of execution of the said last-mentioned
deed; and in the next place, upon further trust, to
pay and apply the surplus (if any) in manner herein-
before mentioned, amongst the said joint creditors of
the said Richard Henry Leary and John M'Clean,
whose debts duly proved in manner aforesaid, shall
still remain unsatisfied; and after payment thereof,
then upon trust to pay and deliver the residue (if
any) to the said Richard Henry Leary, or as he shall
direct or appoint. And as to all other the real and
personal property, estate, and effects of or to which
the said John M'Clean is or was, at the time of the
presentation of his said petition, possessed or enti-
titled, 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 ratâ, and subject to existing
legal priorities (if any) amongst such of the separate
creditors of the said John M'Clean as shall duly
prove their respective debts by affidavit within three
months after the date of the execution of the said
deed; upon further trust to pay and apply the sur-
plus (if any), in manner herein before mentioned,
amongst the said creditors of the said Richard Henry
Leary and John M'Clean, whose debts duly proved in
manner aforesaid shall still remain unsatisfied; and
after payment thereof, then upon trust to pay and
deliver the residue (if any) to the said John M'Clean,
or as he shall direct or appoint.
(L.S.)
By the Court.
ROBERT CHAPMAN,
Registrar.

In the Supreme Court of New Zealand: Canterbury
District.

In the matter of "The Debtors and Creditors Act,
1862"; and in the matter of the estate of
Richard Kyfin Kenrick, a debtor in custody:
and in the matter of the petition of the said
debtor. Tuesday, the tenth day of October, 1865.

UPON the application of Mr. Garrick, of counsel
for the said debtor, and upon reading the order
made on the twenty-second day of September last,
and the affidavit of Arthur Robert Guinness, filed on
the ninth instant, of a meeting of creditors have been
convened pursuant to the said order, but at such
meeting no creditors attended; and also the affidavit
of Charles Henry Lunt, filed on the eighteenth day of
September last, this court doth declare that the
following persons and firms respectively have proved
their debts or claims:-

Charles Christopher Bowen (and
interest) £ s. d.
600 0 0

Henry Bacon Quin . . . . . . . . 2,151 17 0
Belcher and Company . . . . . . 116 1 6
Thomas Woodfield . . . . . . . 40 7 4
George and Henry Lee . . . . . . 125 0 0
Edward Coleman . . . . . . . . 62 10 0
John Collier . . . . . . . . . . 63 19 4
Frederick Luers . . . . . . . . 36 17 5
F. W. Mason . . . . . . . . . . 163 0 0
Edward Reece . . . . . . . . . . 175 13 4
Henry Matson . . . . . . . . . . 81 0 0
Taylor and Company . . . . . . . 235 9 9
James Edward FitzGerald. . . . . 94 0 0
Miles and Company . . . . . . . 83 10 0
Richard Brunsden . . . . . . . . 10 7 0
William Hislop . . . . . . . . . 17 0 0
McAdam . . . . . . . . . . . . . 140 0 0
James Wood . . . . . . . . . . . 23 10 0
George Fletcher . . . . . . . . . 30 0 0
John Anderson . . . . . . . . . . 45 0 0
Charles Prince . . . . . . . . . . 3 0 0
Charles J. Sale . . . . . . . . . . 185 0 0
Ward and Reeves . . . . . . . . . 15 0 0
James Edward FitzGerald . . . . 15 0 0
Jacob W. Ladbrooke. . . . . . . . 282 19 0
Joseph Suckling . . . . . . . . . . 10 0 0
Robert Chapman . . . . . . . . . . 90 0 0
Rhodes and Wilkin . . . . . . . . 21 0 0
James Grant . . . . . . . . . . . 110 0 0
George Crawford Black . . . . . . 120 14 6
John Sims . . . . . . . . . . . . . 7 10 0
Garrick and Cowlishaw . . . . . . 7 17 0
Louis, Traver, and Hanmer . . . . 27 14 2

And the Court doth accordingly direct that the
schedule annexed to the said 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 declare that the said
debtor is entitled to full relief according to the pro-
visions of the said Act, upon his execution of the



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VUW Te Waharoa PDF NZ Gazette 1865, No 43





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⚖️ Order Consolidating Petitions of Leary and M'Clean for Assignment

⚖️ Justice & Law Enforcement
Supreme Court, Debtors Act, Consolidation, Property assignment, Creditors, Dunedin
6 names identified
  • Richard Henry Leary, Petitioner and property assignor
  • John M'Clean, Petitioner and property assignor
  • George Murray, Appointed trustee and creditor
  • John Davie, Appointed trustee and creditor
  • Richard Bowden Martin, Creditor
  • Alexander Carrick, Creditor

  • Mr. Barton, of counsel
  • Mr. Harris, of counsel
  • Robert Chapman, Registrar

⚖️ Canterbury Supreme Court: Debts Proved for Debtor Richard Kyfin Kenrick

⚖️ Justice & Law Enforcement
10 October 1865
Supreme Court, Canterbury District, Debtors and Creditors Act, Creditors meeting, Debt schedule
28 names identified
  • Richard Kyfin Kenrick, Debtor in custody
  • Charles Christopher Bowen, Creditor whose debt was proved
  • Henry Bacon Quin, Creditor whose debt was proved
  • Thomas Woodfield, Creditor whose debt was proved
  • George Lee, Creditor whose debt was proved
  • Henry Lee, Creditor whose debt was proved
  • Edward Coleman, Creditor whose debt was proved
  • John Collier, Creditor whose debt was proved
  • Frederick Luers, Creditor whose debt was proved
  • F. W. Mason, Creditor whose debt was proved
  • Edward Reece, Creditor whose debt was proved
  • Henry Matson, Creditor whose debt was proved
  • James Edward FitzGerald, Creditor whose debt was proved
  • Richard Brunsden, Creditor whose debt was proved
  • William Hislop, Creditor whose debt was proved
  • McAdam, Creditor whose debt was proved
  • James Wood, Creditor whose debt was proved
  • George Fletcher, Creditor whose debt was proved
  • John Anderson, Creditor whose debt was proved
  • Charles Prince, Creditor whose debt was proved
  • Charles J. Sale, Creditor whose debt was proved
  • Jacob W. Ladbrooke, Creditor whose debt was proved
  • Joseph Suckling, Creditor whose debt was proved
  • Robert Chapman, Creditor whose debt was proved
  • James Grant, Creditor whose debt was proved
  • George Crawford Black, Creditor whose debt was proved
  • John Sims, Creditor whose debt was proved
  • James Edward FitzGerald, Creditor whose debt was proved

  • Mr. Garrick, of counsel
  • Arthur Robert Guinness, filed affidavit
  • Charles Henry Lunt, filed affidavit