NEW ZEALAND

OTAGO

PROVINCIAL GOVERNMENT

GAZETTE.

Published by Authority.

Vol. X. DUNEDIN, WEDNESDAY, SEPTEMBER 26, 1866. No. 440

[WITH SUPPLEMENT.]

THE Lessee of the Toll Gate has been duly authorised to collect Tolls at the Check Toll Bar, near the head of Maclaggan-street, Dunedin, from persons coming from, off, or going on the Main Road.

FREDERICK J. MOSS,
Secretary for Public Works.

25th September, 1866.

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

In the matter of the Petition of Wolf Harris, of Dunedin, in the Province of Otago, Merchant, trading there under the style or firm of "Bing, Harris and Co," a Creditor of WILLIAM PERKINS, of the same place, Draper, to the extent of not less than fifty pounds; and in the matter of the "Debtors and Creditors Act, 1862," and the "Debtors and Creditors Act Amendment Act 1865."

THE matter of the above petition coming on this day for the second hearing thereof, upon reading the order for sequestration of the Bankrupt’s Estate made herein, and bearing date the seventh day of June, one thousand eight hundred and sixty-six; and upon hearing Mr. Harris, of Counsel for the said Petitioner, and Mr. Haggitt, of Counsel for the said Bankrupt, it is ordered that Edward Bowes Cargill and Thomas Sherlock Graham, both of Dunedin aforesaid, Merchants, be, and they are hereby, appointed trustees of the estate and effects of the said Bankrupt; and it is declared that this order shall be a vesting order: And it is further ordered that all the real and personal estate of the Bankrupt which shall vest in the said Edward Bowes Cargill and Thomas Sherlock Graham, by virtue of their said appointment, shall be held by them, their heirs, executors, and administrators respectively (except the wearing apparel of the Bankrupt, his wife and children, which shall be retained by them) upon and for the following trusts and purposes, namely:-

1. To sell, collect, and get in such real and personal estate, and receive the monies to arise therefrom, and execute all necessary conveyances and assurances thereof.

2. To retain and pay all expenses properly incurred of, and attending such sale, collection, and getting in.

3. To pay the poundage and fees payable under the above-mentioned Acts.

4. To pay the costs properly incurred of and incidental to the petition in these matters and subsequently thereto, such costs to be first taxed; and also all costs and expenses in these matters which have been or shall be ordered by this Court, or by any Judge thereof, to be paid out of the estate of the Bankrupt.

5. To distribute the net residue of the said trust monies between, amongst, and for the benefit of all the creditors of the Bankrupt, who were his creditors at the time of the presentation of this petition, and who shall duly prove their debts by affidavit filed in the Office of the Registrar of this Honorable Court, within three calendar months from the date of this order, by way of pro rata distribution, subject to existing legal priorities; but so that the said creditors shall not receive more than twenty shillings in the pound upon their said respective debts.

6. To pay the ultimate surplus (if any) of the said trust monies to the Bankrupt.

And it is further ordered that the matter of the said petition be further adjourned until the fifth day of November next.

Dated this tenth day of September, 1866.

By the Court,

(L.S.)

ROBT. CHAPMAN,
Registrar.

HARRIS, MACASSEY, AND TURTON, 40s.
Solicitors for the above-named Petitioner.