228

In the Supreme Court of New Zealand,

Otago and Southland District.

NOTICE is Hereby Given that a sitting of this
Court will be holden at the Court House, Dunedin,
on Monday, the 13th day of November next, at
ten o’clock in the forenoon, for the despatch
of all business accruing under the provisions of the “Debtors
and Creditors Act, 1862.”

ROBT. CHAPMAN,
Registrar.

Supreme Court Office, Dunedin,
17th October, 1865.

In the Supreme Court of New Zealand,

Otago and Southland District.

In the matter of the Petition of RICHARD HENRY
LEARY, of Dunedin, Wine Merchant, a Partner
of the co-partnership firm of “J. M’Clean and
Co.;” and in the matter of the “Debtors and
Creditors Act, 1862.”

Friday, the sixth day of October, one thousand eight
hundred and sixty-five.

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 henceforth 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 personal 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 respectively in their own right, separately entitled,
unto the said George Murray and John Davie, of
Dunedin, Merchants, upon trust for the collection and
conversion into money of the said co-partnership
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 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 further
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 proportions
and according to the respective rights and
interests of the said Richard Henry 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 rata,
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 hereinbefore
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 entitled, upon trust
for 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
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 surplus (if any)
in manner hereinbefore 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.

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 THOMAS FRANCIS
ROSKRUGGE, of Tokomairiro, in the Province of
Otago, Storekeeper; and in the matter of the
“Debtors and Creditors Act, 1862.”

NOTICE is hereby given, that his Honor the Judge
has appointed Monday, the thirteenth day of
November, 1865, at ten o’clock in the forenoon, at the
Court House, Dunedin, for the hearing of the Petition
of the above named Debtor.

Dated this eleventh day of October, 1865.

HOWORTH, BARTON AND HOWORTH,
Solicitors for the Petitioner.

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Printer to said Provincial Government for the time being.