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rD THURSDAY, NOVEMBER 25.
IBelore Mr. Commissioner Mann.l
/feWM. FRANCIS. J ÜN.
A final hearing, adjourned for the purpose 0f investigating the insolvent's interest in some property at the DryCraoL
theinsoÄ 80mecreditors> *»«? Mr^uÚehfor
Insolvent examined by Mr. Stow, said he had not leased a section from Sir. Levi. He did not know imythine about Section 961. Hw fathei¡bad bought a section fronTil! Levi
The document produced (a lease from Messrs. Levi te, William Francis) was not; ini his (insolvent's) handwriting. His father could not write, but he (insolvent) could, and to the beat of hie
odiefthe handwriting was not his. At all events, i? was I long time since, and he could not swear it was in his hand-
Mr. Stow called attention to the strong resemblance between the signature to the lease and that or the examina, tions filed in Court. m
Examination continued-Never took a lease from Mr Levi. Insolvent was present at the signing of the deeds for some land purchased by his father. There was also some land purchased at the Government Land Sale, when insolvent was present and his father also. There were two blocks, contain about 30 acres. He never had the receipts in his possession. His father bid at the sale, and paid the money. This purchase .was made in 1853," beTore the loss ot the Lapwing. He bad seen the* receipts, but could
not remember the amount of the purchase money. His father took the land-grants, but he did not think he had them now. To the best of his belief his father paid the rates to the District Council. He did not think his father paid any rent to Mr. Levi, nor did he (Insolvent) claim any land but that whicu he occupied. At the time of the purchase his father was a farmer of 30 acres rented from Sir Montague Chapman, at the Dry Creek, but had no other landed property. He had been farming there 12 years. Insolvent never had an interest in the property purchased from Mr. Levi, and never paid any money, nor lent his father any. Had never paid any rates to the District Council, nor did he know who had done so, or who liad signed the rate-book Never authorised any one to pay rates on his behalf.
Mr. Stow said that he was prepared with witnesses to prove that the writing was that of the insolvent, in which case it would be seen that there was a lease in existence which had been omitted from the schedule.
Mr. Cullen remarked that he would ¡require to be allowed to produce witnesses to rebut this statement, for which purpose an adjournment would be necessary.
Mr. Stow drew the attention of the Commissioner to au en- dorsement on the memorandum of agreement in Mr. Phillip's handwriting, containing instructions to the solicitors to pre- pare a lease to "Captain W. Francis, master of the Lapwing." He also said that the document had been in Messrs. Bartley, Bakewell and Stow's office since 1856. Thomas Michelmore, examined by Mr. Stow-Had seen the insolvent write-, believed the writing produced was his. Had bearched the District Council rate-book. The allotments 933 and 934 stood in the name of the insolvent. The entries in the rate-book were ¡n the name of William Francis, Jun., and there were only two persons named Francis on the book. In the beginning of the year 1858, the W before Francis was altered to X, which was the initial of insolvent's brother. Had had conversation with insolvent, from nine to twelve months before, on which occasion he told witness that the property on which he lived was his own. The house he had built himself, and the building as it stood was his own workmanship, with the exception of the sashes and doors. He told him (witness) that he should not have been able to build it if he had not previously sold an allotment of land.-Insolvent recalled-Did not know a person at the Dry Creek of the name of Henry Clark, nor had such a person any joint "interest with: his father in the land. Messrs. Younghusband & Co. did not owe him any money at present Some fittings from the wreck of the Lapwing were sold at Port Elliot, and Mr. Tapley had now some of her sails at the Port, which sails he had a claim against.
By Mr. Cullen-Had often signed his father's name to documents without looking at them, because his father could
The Commissioner wished to know the meaning of the , entries in the rate-book which btood in the name of the in-
Mr. Cullen remarked that the Clerk of the District Council | might make what entries he pleased, for which the insolvent
wab not responsible It was not uncommon for persons | to have rates entered against them in the books of districts where they held no property.
On the application of Mr. Stow, an adjournment was
granted till Tuesday 30_th instant, at 1 o'clock '
MONDAY, NOVEMBER 29. 12. R. W. Saint-Certificate meeting.
1. M. & R. Faulkner-Final hearing. 3. P. de P. Valrent-Proof of debts. 3. A. Fischer-Audit
' 3, Gowhng& Wipers-Audit.
TUESDAY, NOVEMBER 30.
li. Ryley& Moore-First hearing.