There is a fifty year restriction on access to bankruptcy files.
David Mitchell ROSS
David Mitchell ROSS arrived in Otago in 1867. He married Jane ROBERTSON 7 July 1868 at Moeraki. She was the d/o Thomas Robertson and Jane Pate of Anderson Bay. The Robertson's had arrived in Otago on the Philip Laing. Moved to Timaru where a son was born in 1879. He was Mayor of Timaru 1888 - 91 and his wife died 1st Nov. 1889, aged 39. His mother Mary died 31 Dec. 1889, aged 79. Both buried in Timaru, same plot. Business partner with William Montague Sims. Declared bankrupt July 1892 and served a short term of imprisonment (sentence was for 18 months.) He didn't return to Timaru. Where did he go?
The San Francisco Call December 17, 1905
MITCHELL MAKES DENIAL. OAKLAND. Dec, 16. — Chief of Police Hodgkins received a letter today from Major J. T. M. Hayhurst, a Justice of the Peace of Temuka, province of South Canterbury, New Zealand, temporarily at San Francisco, stating that in his opinion Attorney David Mitchell, in custody here is no other than David Mitchell Ross, once Mayor of Temuka, who left that country under a cloud after serving a term in a prison. Mitchell refuses to discuss the matter, but through his attorney, Hugh S. Aldrich, denies that he was ever convicted of any offense.
David Mitchell ROSS, Deputy Official Assignee, himself was bankrupt, July 1892, and Alex. Montgomery was the Deputy Official Assignee. The Arcade property was the subject of two mortgages, one to Mr F. LeCren for £2000, which expired on the 1st June 1891 and the other to Mrs Mary Ross, Mr Ross's mother, which was executed on the 31st May 1887, and transferred to Miss Mary Elizabeth Ross, on 1st November 1889. Mr LeCren's mortgage included the land and buildings to the western end of the main building in which Messrs Ross and Sims and Co. had their office. The mortgage to Miss M.E Ross included the same property and is a first mortgage over the Friendly Society Dispensary and the piece of land on the southern side of the arcade between the blacksmith's shop and the western end of the main building. Mr Ross has not sold any of the buildings in the Arcade with the exception of the Timaru Herald office, sold to Mr E.G. Kerr for £1250. His partner was William Montague Sims they had entered into partnership in Oct. 1877. Land brokers, accountants, valuators, insurance and commission agents. Their Land Transfer Office was opposite the BNZ building.
Timaru Herald, 25 January
1877, Page 3
David Mitchell Ross (the defendant) was first called by the plaintiff's solicitor, and deposed : I am a land agent, residing at Timaru. I am a member of the firm of Ross and Tate, and have carried on business there for four years. For about 10 months after I left Dunedin I was resident, in Auckland. When in Dunedin I was in the employment of Mr M'Farlane, grocer, and afterwards in the employment of Messrs Park and Curle. I came direct to Dunedin in the William Davie in 1867. Mrs Napier, a sister to Mrs Robertson, was a fellow passenger. I am a notary public, and have practised as such for about two years. I served my apprenticeship of four years in a Scotch law office, and I was or another year employed in the office. During those five year's I was employed in copying deeds and conveyances. Mrs Napier told me she was going to family residing near Dunedin but did not tell me the name, of whom it consisted, or its position. I arrived, in October, 1867, and first met with the present plaintiff who came as a customer to Mr M'Farlane's shop. The plaintiff invited me to his house soon after I made his acquaintance. He told me that Mrs Napier was a connection of his. The first time I was at his house I made the acquaintance of Mrs Ross. I never knew that she was engaged to be married before she was engaged to myself, which was, some six months after our first acquaintance. I never wrote an anonymous letter to Mrs Ross or her father, or anyone else in my life. I was married to Mrs Ross on the 7th of July, 1868, by the Rev. Dr. Stuart, at Anderson's Bay. We lived for some weeks in the house of the plaintiff, and for nearly 12 months in immediate neighborhood. Mr Robertson's age was about 70 years....
Otago Daily Times 6 August 1892, Page 2
Alexander Montgomery is gazetted deputy-assignee at Timaru vice. D. M. Ross, resigned.
Hawke's Bay Herald, 31 August 1892, Page 3
Timaru, Tuesday. In the District Court to-day, before Judge Ward, the charges made under the Bankruptcy Act against D. M. Ross, of the firm of Ross and Sims, were gone into. Judge Ward asked why Sims was not joined in some of the charges. As keeper of the books he ought to have known if the entries were fictitious. Counsel for the creditors said that the charges against Sims had been given notice of. His Honor remarked that some of the charges against Ross Involved other and graver offences under the common law, and if the evidence supported them he might direct the withdrawal of these and ask the Government to order a prosecution on higher ground. Counsel said that the creditors as a body could only proceed under the Bankruptcy Act; neither an individual creditor nor the Government would take action. It is understood that charges were not made against Sims because the creditors desired to call him as a witness, but when they did call him counsel for Ross objected that as a partner he could not be called, and the Judge concurred. The rest of the day was taken up by the late clerk of the firm going through the books tracing client's moneys into the firm's and Ross's bank accounts.
Evening Post, 3 September 1892, Page 2
Timaru, 2nd September. The hearing of the charges under the summary penal clauses of the Bankruptcy Act, against D. M. Ross, ex-mayor and late Deputy-Assignee, and agent for the Public Trustee, a member of the bankrupt firm, Ross & Sims, land brokers and financial agents, concluded last night, after four days' work. Judge Ward convicted him on the charges of failing to keep books and wilfully omitting to keep books and accounts for the purpose of concealing frauds, and on two charges of obtaining credit by fraud of the nature of false pretences. He sentenced Ross to nine months' imprisonment with hard labour on each charge, the sentences to run concurrently. His Honor said for the last 12 years Ross had been a perfect pest to the district, and he wondered how anyone trusted him, coming from Dunedin with such a record as he did. It was shown during the hearing that Ross privately, and the firm, were entrusted with considerable sums of money to invest for clients, and between them £10.000 to £11,000 had been absorbed into Ross' and the firm's bank accounts.
Otago Witness 8 September 1892, Page 19
Commenting on the sentence passed by Judge Ward on D. M. Ross, of the bankrupt firm of Ross and Sims, the Timaru, Herald says : — "His Honor had to apportion the sentence strictly to the specific charges on which he convicted the bankrupt, and that being so, we do not think that the community has much, if any, ground of complaint. The bankrupt's statements at his public examination could not be taken as evidence in support of the charges formulated against him under the provisions of the Bankruptcy Act. The evidence of his partner in the firm of Ross and Sims was ruled to be inadmissible, or at all events was not admitted, because it was doubtful whether charges would not also be formulated against him in relation to at least some of the same sets of facts alleged against Ross. Difficulties in the way of proof against the latter were thus created in regard to some of the charges. On the whole, we are satisfied with the result of the proceedings which terminated in the Bankruptcy Court yesterday. But if we are asked whether the sentence is commensurate with Ross', deserts as a polished scoundrel, a wholesale swindler and defrauder, a robber of the widow and orphan, we say without hesitation, certainly not."
Otago Witness 26 January 1893, Page 17
At the District Court at Timaru on the 18th and 19th Judge Ward was occupied with a case arising out of D. M. Ross' bankruptcy. Application was made on behalf of the creditors to have set aside a mortgage of £3000 from Ross to his daughter. Mr Stewart (Dunedin), with Mr Kinnerny, for the assignee ; Mr Joynt (Christchurch), with Mr Hay, for Miss Ross. Mr Stewart, in opening, went back to 1876, when Ross began dealings in his mother's name, and asked the court to infer, from facts to be proved, that this was a fraudulent device. The mortgage in question purported to be transferred from Ross' mother (dated 1889, and not registered till 1892) five days before the bankruptcy. A good deal of evidence was given in support of the contention that Mrs Ross had no means and as to Ross' transactions. As the judge had to leave for Oamaru, the hearing of evidence was not concluded.
Evening Post, 15 August 1879,
Timaru. 14th August.
Mr. Moss Jonas, of the firm of Jonas, Hart and Wilkie, auctioneers, intends commencing an action for £2000 damages against the proprietor of the Mercantile Gazette for having published, on the 9th of August, certain matter calculated to damage his credit. The paragraph makes it appear that Jonas made an assignment of furniture, Sec., for the benefit of his own wife; whereas it should have been an assignment of the furniture of the bankrupt to R. Scarfe, in trust for Mrs. Scarfe.
Timaru Herald, 19 August 1879, Page 4
Bankruptcy Notices - IN THE DISTRICT COURT OF TIMARU AND OAMARU, holden at Timaru. In the matter of "The Debtors and Creditors Act 1876," and " The Debtors and Creditors Act Amendment Act, 1878," and of the Bankruptcy of William Eames, of Pleasant Point, Storekeeper, a Debtor. This is to notify that William Eames, of Pleasant Point, in the County of Geraldine, Storekeeper, has this day filed a statement that he is unable to meet his engagement with his Creditors. The first meeting of Creditors to be hold at the District Court- house, Timaru, on Thursday, the 28th day of August, 1879, at the hour of twelve o'clock noon. Dated this 18th day of August, 1879. THOMAS HOWLEY, Clerk. Leo. G. Reid, Solicitor for the Debtor.
The Bankruptcy of James Ross Wilson, a Debtor. This is to notify that James Ross Wilson, of Fairlie Creek, in the County of Geraldine, in the Colony of New Zealand, Contractor, has this day filed a Statement that he is unable to meet his engagements with his Creditors. The first meeting of Creditors to be held at the District Court-house -Timaru, on THURSDAY, the 28th of August. Dated this 18th day of August, 1879. THOMAS HOWLEY, Clerk. James Ross Wilson, Acting for Self.
Evening Post, 28 February 1880, Page 2
Duncan Cruickshank was yesterday committed for trial at Waimate for fraudulent bankruptcy, making the third case of the kind for hearing at the District Court at Timaru on Monday.
Timaru Herald, 5 March 1886, Page 2
(Before His Honor Judge Ward.) The following business is Bet down for hearing this morning IN BANKRUPTCY. In re J. W. Stonyer, a bankrupt — Public examination. Mr Knubley for the debtor, Mr White to oppose. In re James Macdonald, a bankrupt — Public examination, Messrs White and Co, for the bankrupt, Mr Knubley to oppose on behalf of certain creditors. In re Charles Bourn. Application for admission of proof of debt by J. T. Brown and others.
Timaru Herald, 11 October 1886, Page 3
INSOLVENCY. The following is a statement of the assets and liabilities of Joseph Daniel Kett, of Thnaru, hotelkeeper, a bankrupt:
Timaru Herald, 19 February 1891, Page 4
IN BANKRUPTCY. In the matter of "The Bankruptcy Act, 1883," and of the various Acts amending the same. Notice is hereby given that I have this day filed in the District Court at Timaru, a statement of accounts showing the receipts and expenditure in respect of the following bankrupt estates .—
Alexander Mair Allan, of Waitohi, farmer
Thomas Amos, of Timaru, fruiterer
Thomas Askins, of Albury, sheep farmer
William Armitage of Levels. Timaru
Maxwell Speus Black, of Wai-iti
John Alfred Brown, of Chetnole, Waimate, farmer
Bell and Moorhead, of Otaio, farmers
Jules Berland? of Tiuaaru, contractor
Philip Buckley, of Orari, farmer
Adam Baillie, of Timaru, saddler
Timothy John Brosnanhan, of Timaru, farmer
George Bolton, of Temuka, butcher
Samuel Busby, of Timaru, gardener
John Carmichael, of Timaru, fishmonger
William Crocker, of Peel Forest, labourer
George Canavan, of South Rangitata, farmer
James Friers, of South Rangitata, farm labourer
Oscar Gederlund, of Temuka, labourer
Thomas Grierson Cork, of Timaru, commission agent
Edward Chiles, of Waimate, fruiterer
Michael Augustus Collins, of Timaru, soda water manufacturer
William Fowler Christie, of Timaru, farmer
Thomas Dooley, lately of Woodbury, hotelkeeper
William Darby, of Timaru, publican
Henry Drew, of Temuka, labourer
Maurice de Harven Duival, of Timaru, architect
William Davidson, lately of Timaru, now of Dunedin, accountant
David Denoon, lately of Rangitata Bridge, hotelkeeper
Walter George Devlin of Timaru, painter
George Dyson, of Temuka, clerk
James Farrelly, of Otaio, farmer
Thomas Frederick Farley, of Timaru, bookseller
Helier Fauvel, Temuka, merchant
Archibald Fraser, of Timaru, coachbuilder
Henry Thomas Fendall, of Timaru, insurance agent
Jarret Fitzsimmons, of Timaru, blacksmith
Mary Ginevra Grahame, of Timaru, teacher
Samuel Gould, of Woodbury, farmer
Samuel Edward Graham, of Opihi, Pleasant Point, dairy farmer
George William Green, of Timaru, lately licensed victualler
Alexander Hudson Guthrie, of Timaru, sailmnker
Hall and Meason, of Timaru, land brokers, &c.
Thomas Hall, of Timaru, landbroker. &c.
Edward Alexander Hornbrook, of Temuka, contractor
John Thomas Healey, of Timaru, commission agent
William Hoare, of Temuka, brickmaker
Margaret Husband, wife of William Henry Husband, of Gleniti, near Timaru
George Hobbs, of Temuka, labourer
Patrick Hamilton, of Pleasant Point
Dennis Heffaman, of Levels Plains, farmer
James Henniker and Charles Burr, of Timaru
Henry Hullen, of Waitohi Downs, farmer
Henry Septimus Decimus Homes, of Timaru, bone manure manufacturer
William Hooper, of Temuka, labourer
William Thomas Harrison, of Timaru labouor
Samuel Juleff, of Timaru, storekeeper
William Jacob Jack, of Waitohi, farmer
Edward Jones, of Timaru, commission agent
John Henry Jackson, of Temuka, bootmaker
Reuben Johnson of Geraldine, lately hotelkeeper
Alfred Jones, of Timaru, baker
Patrick Kearney, of Fairlie Creek, lately storekeeper
James Kirby, of Timaru, journalist
Maurice Kirby, of Waimate, labourer
Robert Latimer, of Timaru, labourer
William Henry Lodge, of Geraldine, butcher
Gorham Lambert, of Pleasant Point, chemist, &c.
James Langskail, of Timaru, labourer
William Lynch, of Levels Plains, farmer
Jacob Levien, of Timaru, lately cordial manufacturer
David Leach, of Temuka, butcher
Elizabeth Melton, of Timaru
Mogridge and Wiltshire, of Temuka, drapers
Charles Millar of Rangitata Island, farmer
Patrick Madden, of Waitohi, farmer
James Marshall, of Temuka, baker
Michael Maze, of Pleasant Point, farmer
Benjamin Mack, of Seadown, farmer
George Meredith, the younger, of Kakahu, farmer
John Mills, of Waimate, contractor
James Moir and George Bray, of Fairlie Creek, blacksmiths
John Morris, of Timaru, labourer
Jeremiah Moynihan, of Temuka, labourer
James McGuinn, of Orari, labourer
James Macdonald, of Timaru, farmer
John George Macpherson, of Timaru, timber merchant
J. McIntosh & Co., of Timaru, coal merchants
John McRobbie, of Timaru, hawker
Michael McAteer, of Temuka, settler
Joseph McClintock, of Waitohi, carpenter
Henry Newport, of Orari, labourer
Samuel August Nelson, of Timaru, contractor
Henry Nicholson, junr, of Waitohi, contractor;
Daniel Nicholson, of Timaru, miller
Patrick Nolan, of Temuka, labourer
Charles Neville, of Temuka, labourer
Thornhill Nicholson, of Temuka, contractor
Michael O'Connor, of Kerrytown, farmer
Henry Thomson O'Sullivan, or Carter, late of Hilton, storekeeper
Arthur Ormsby, of 'Timaru, solicitor
Mary Ann Purdie, of Timaru, nurseryman
William Perry, of Kerry town, contractor
William Patrick, of Kakaha, farmer
William Paul, of Sutherlands,. lately farmer
Godfrey Phiskie, of Geraldine, labourer
Walter Pearcy, of Timaru, billiard-marker
Arthur Padget, of Timaru, labourer
John Petrie, of Timaru, carpenter
Patrick Power, of Levels Plains, labourer
Edward Pilbrow, of Temuka, clerk
Alfred James Quelch, of Timaru, iron- monger
Thomas Rae, of Peel Forest, labourer
Charles Henry Reid, of Temuka, labourer
Michael Riordan, of Temuka, farmer
John Smith, senr., of Kingsdown
James Sanderson, of Timaru, commission agent
James Strachan, of Timaru, labourer
Francis Scoringe, of Waimate, labourer
Julius Siegert, of Temuka, storekeeper
John Alexander Speid, of Sherwood Downs, contractor
Mary Ann South, of Timaru, boarding-house keeper
Denis Sullivan, of Kerrytown, contractor
James Joy Stewart, of Timaru, labourer
Thomas Charles Soholefleld, of Timaru, labourer
Henry Saunders of Waimate, labourer
Samuel Sharp, of Timaru, factory employee
Charles Saunders, of Pleasant Point, farmer
William Ward Stokes of Timaru, labourer
Thomas Talbot, of Waitohi, farmer
Robert Tacon, of Timaru, contractor
Joseph Giles Tomlin, of Milford, labourer
Robert Martin Turpin, of Orari, farmer
George Vale, of Makikihi, blacksmith
Henry Vette, of Timaru labourer
James Watkins, of Studholme Junction, hotelkeeper
John Harris Waltere, of Orari, farmer
John Wright, the younger, of Rangitata Island, farmer
Albert Wesley, of Arowhenua, labourer
Richard Perry Wells, Gapes' Valley, farmer
George White, of Makikihi, saddler
Andrew Wilson, of Timaru, farmer
Robert Webster, of Timaru, grocer
Jacob Young, of Timaru, baker
Timaru Herald, 21 February 1890, Page 4 [132 names from the Timaru
IN BANKRUPTCY. IN THE MATTER OF "THE BANKPUTCY ACT 1883" AND THE ACTS AMENDING THE SAME. Notice is hereby given that I have this day filed in the District Court at Timaru a statement of accounts showing the receipts and Expenditure in respect of the following Bankrupt Estates :—
Allpress, Priscilla Ann, of Timaru, dressmaker
Ansley, Gilbert Edward, of Timaru, hotelkeeper
Allan, Alexander Mair, of Waitohi, farmer
Adamson, Thomas, of Albury, labourer
Adams, Alexander, of Waimate, baker
Bertie, Peter, of Temuka, hotelkeeper
Bell, John, formerly of Otaio
Bond, John, of Timaru, labourer
Bryan, Joseph, of Temuka, dealer
Bourke, John, of Geraldine, wheelwright
Buchanan, Robert Cullen, of Washdyke, tinsmith
Bruce, James, of Timaru, millwright
Burrows, Samuel, of Temuka, hotelkeeper
Burnet, John William, of Timaru, tailor
Binskin, William, of Timaru, labourer
Blackwell, Arthur Willies, of the Hook, contractor
Burgess, John Thomas, of Silverstream, publican
Bourn, Charles, of Timaru, commission agent
Boutcher, Charles Bates, of Gapes Valley, farmer
Barclay, George, of Timaru, groom
Creemer, George Walter, of Burkes Pass, hawker
Clapham, Herbert, of Timaru, woollen manufacturer
Capil, James, of Albury, hotel- keeper
Connell, Frank, of Levels Plains, farmer
Curties, Henry Gibson, of Timaru, cook
Collie, John, of Winchester, farmer
Currie, Thomas, of Waitohi Flat, labourer
Colville, Alfred, of Milford, millwright
Cummings, John, of Timaru, labourer
Close, William, of Fairlie Creek, carpenter
Cooke, John Lake, of Winchester, schoolmaster
Crozier, George, of Pleasant Point, farmer
Cready, Thomas, of Milford near Temuka, farmer
Copestake, Thomas, of Temuka, storekeeper
Cotterill, William Henry, of Fairlie Creek, labourer
Downes, Thomas Chadwick, of Sutherlands, near Pleasant Point, Farmer
Ennis, David, of Timaru, contractor
Farrell, Thomas, of Geraldine, hotelkeeper
Fanning, John, of Pleasant Point, farmer
Fitzgerald, William Lynch, of Orari, farmer
Fogerty, William, of Timaru, bootmaker
Fleming, John, of Geraldine, tinsmith
Gibb, David Duke, of Timaru, carter
Gamack, John Alexander, of Totara Valley, sheep farmer
Griffin, Maurice, of Timaru, contractor
Grant, James, of Temuka, blacksmith
Gibson, Benjamin, of Geraldine, labourer
Gibson, William John, of Pleasant Point, blacksmith
Gore, James Dixon, of Geraldine, painter
Hinkley, John, of South Rangitata, hotelkeeper
Hughes, William, of Fairlie Creek, wheelwright
Hughes, Robert, of Saltwater Creek, black-smith
Hodgson, Henry, of Temuka, tinsmith
Hall, John, of Timaru, insurance agent
Heap, John James, of Temuka, commission agent
Hoare, Dennis, of Levels plains, farmer
Hokoro, Henere, of Arowhenua, farmer
Hagerty, George, of Timaru, labourer
Hammond, Henry William, of Timaru, schoolmaster
Johnston, James, of Timaru, labourer
Joe, James, of Geraldine, farmer and thresher
Kett, Joseph Daniel, of Timaru, hotelkeeper
Keen, James, of Timaru, groom
Kyne, Patrick, of Temuka, contractor
Kemsley, George, of Timaru, labourer
Kindley, William Berryman, of Timaru, hawker
Lavery, Robert, of Milford near Temuka, farmer
Moorhead, William, of Otaio, farmer
Maze, Michael, of Pleasant Point, farmer
Munro, Donald, of South Orari, teacher
Meason, Gilbert Laing, of Timaru, landbroker (20s in the £)
Moore, William, of Timaru, baker
Mullally, James, of Timaru, labourer
Morris, George Austin, of Otaio, farmer
Meredith, George, the younger, of Kakahu, farmer
Mountjoy, Joseph, of Timaru, labourer
Mills, Henry, of Cooper's Creek, contractor
McNally, Robert, of Sandietown, near Timaru, labourer
McAuliffe, Timothy, of Timaru, labourer
McDonald, James, of Washdyke, stock dealer
Mackay, James Gunn, of Pleasant Point, stock dealer
McMaster, Anthony, of Raincliff, sheep farmer
McCormick, James, of Timaru, labourer
McBeth, John, of Timaru, late hotelkeeper
McKerrow, John Craig, of Wai-iti, near Timaru, farmer
McAteer, Patrick, of Fairlie Creek, carpenter
McDonald, Christina, of Timaru, lately grocer
Noble, Frank Joseph, of Timaru, practical engineer
Oborn, George Arthur, of Timaru, butcher
O'Connor, Timothy, of Pleasant Valley, labourer
Pulford, James, of Temuka, labourer
Peters, William John, of Timaru, cabinetmaker
Pastorelli, Leo, of Albury, hotelkeeper
Parker, William, of Timaru, boardinghouse keeper
Quinlan, James, of Timaru, labourer
Raine, Francis James, of to Timaru, sheep farmer
Reid, Alexander, of of Timaru, sheep farmer
Radford, James Peprell, of Temuka, stonemason
Stonyer, William, of Pleasant Point, miller
Shepherd, William, of Timaru, commission agent
Smith, George Arthur, of Winchester, fellmonger
Stonyer, John William, of Pleasant Point, farmer
Stephens, Frederick, of Timaru, master mariner
Sullivan, George, of Makikihi, farmer
Smith, Henry Edward, of Winchester
Sutherland, John, of Timaru, baker
Smith, John, of Waihao, farmer
South, James, of Timaru, farmer
Storm, Robert, of Timaru, pilot
Shute, Thomas Joseph, of Timaru, commission agent
Trist, John, of at Timaru, tentmaker
Tait, James, of Silverstream, shepherd
Taylor, Stephen, of Temuka, boardinghouse keeper
Taggart, William, of Hilton, contractor
Thompson, John, of Timaru, surveyor
Temperton, Henry Arden, of Timaru, stationer
Travis, Charles, of Timaru, stonemason
Tosswill, William, of Timaru, solicitor
Woodman, John, of Woodbury, labourer
Watkins, James, of Timaru, accountant
Whittaker, Henry, of Timaru, bootmaker
Wheelband, William, of Temuka, nurseryman
Waterus, John Joseph, of Peel Forest, labourer
Wiggins, Charles Lewis, of Timaru, assistant clerk to R.M, Court
Wightman, Matthew, of Waitohi, farmer
Wilson, Robert Lievesley, of Geraldine, carpenter
Walker, William, of Waitohi Flat, farmer
Wardle, John Reed, of Timaru, monumental mason
Walker, James, of Temuka, labourer
Wilson, Alexander, of Seadown, farmer
Wilson, James Park, lately of Seadown afterwards of Mossburn, farmer
Woodhead, John, of Milford, contractor
And also that I have at the same time filed in the Court at Waimate a statement as above in the bankrupt estates of Cringle, John, of Hook, farmer
Clarke' Thomas, of Otaio, farmer
Cain, Hans, of Hook, farmer
Guilford, William, of Waimate, contractor
Hamey, Malachi, of Waiho, labourer
Hunt, Edward, of Waimate, baker
McGimpsey, James, of Waimate, hotelkeeper
Parker, Robert, of Waimate, labourer
Sellors, Alexander, of Waimate, carpenter
Vale, George, of Makikihi, wheelwright
Wheeler, Stephen, of Waimate, farmer.
D. M. ROSS, Deputy Official Assignee in Bankruptcy, Timaru.
February 20th, 1890.
Timaru Herald, 25 October 1890, Page 4
Benjamin Edward HIBBARD, OF Timaru, grocer
George Clumer, of Timaru, in
D. M. ROSS, Deputy Official Assignee
Timaru Herald, 14 June 1892, Page 3 DISTRICT COURT.
The following business will be taken by His Honour Judge Ward at the Timaru Courthouse, IN BANKRUPTCY. Orders of discharg3 will be applied for on behalf of B.E. Hibbard, by Messrs Smithson and Raymond.
R. Edgeworth, A. W. Ensor, and T. C. Farnie, by Messrs Aspinall and Salmond
S. Parmenter, by Messrs Hay and Postlethwaite.
Re Mrs A.C. Ensor, Messrs Perry, Perry and Kinnerney apply for a process to be made available or the alternative for annulment of bankruptcy.
Timaru Herald, 13 December 1892, Page 3 District Court
The following is a list of the business to be brought before His Honour Judge Ward at a sitting of the District Court. The following bankruptcy will be called, or recalled, for public examination Lewis Grant, contractor T. E. E. Jefcoate, farmer; Joseph Maberley, cabinet maker. Orders of discharge will be applied for on account of the following bankrupts John McCabe, James Streeter, John J. Deeley, Francis Drake.
Timaru Herald, 5 July 1893, Page 1
IN BANKRUPTCY. In the matter of "The Bankruptcy Act, 1883," and of the various Acts amending the same. NOTICE is hereby given that I have this day filed in the District Court, at Timaru, a Statement of Accounts showing the receipts and expenditure in report of the following Bankrupt Estates : —
William Grubb Drummond, of Timaru, draper,
John Hooper Glasson, of Timaru, draper, Drummond and Glasson, of Timaru, drapers;
Byrne Bayley, of Moana, Geraldine, farmer
Tomlinson and Bracefield, of Timaru, butchers
Thomas Leonard, of Kerrytown, farmer
George Murdoch, of Timaru, painter ;
James Streeter, of Temuka, farmer and threshing machine proprietor
William Collins, of Timaru, wool scourer
Francis Drake, of Temuka, farmer
William Ingram, of Timaru, grocer
David Lennie, of Timaru, blacksmith
and Donald Maclean, of Timaru, auctioneer. And I further give notice that it is my intention, on the 26th day of July, 1893 (or as soon thereafter as I can be heard) to apply to the said Court for an order releasing the Official Assignee from office in respect; of the Estates of the above-mentioned bankrupts. And further for an order in pursuance of Section 183 of the said Act, directing the Bank of New Zealand, Timaru, to pay the balances, if any, belonging to the Estates of said Bankrupts into the Public Trust Office, Wellington. ALEX. MONTGOMERY, Deputy Official Assignee. Timaru, 4th July, 1898.
Timaru Herald, 23 May 1894, Page 3
Orders of discharge from bankruptcy were granted as follows Angus McKay, farmer, Geraldine
Timaru Herald, 17 January 1895, Page 4
IN BANKRUPTCY. Jeremiah Costigan was called for public examination ; Mr J. W. White appearing for the assignee in bankruptcy, and Mr Raymond for the bankrupt. Costigan was examined by Mr White principally as to giving the bill of sale to T. Wells over stock in the tobacconist's shop, and over the racehorse Sunrise and a trotting mare. With the money lie got from Wells he went to the Christchurch races.
PROBATE. His Honour granted orders in probate as follows :
Adam McIntosh, deceased, late of Timaru, farmer
James Jones, deceased, stonemason, Timaru
John Cuthbert, deceased, no occupation, Timaru
Letters of administration were granted as follows --
Re James Stevenson, deceased, contractor, Opihi
Thomas Rainey, deceased, labourer, Winchester
The affidavit of Mrs Wells, in re Thomas Rennett, deceased, late of Timaru, subject to filing in the Supreme Court.
Timaru Herald, 13 March 1895, Page 1
IN BANKRUPTCY. IN THE DISTRICT COURT OF TIMARU, AND OAMARU (Holden at Timaru), NOTICE is .hereby given, that William Mackie, of Fairlie, Baker, was this day adjudged a Bankrupt and hereby summon a Meeting of Creditors, to Be holden at my office, Arcade, Timaru, on the 19th day of March, 1895, at 11 o'clock. ALEX. MONTGOMERY, Deputy Official Assignee. Timaru, 11th March, 1895.
Timaru Herald, 21 May 1895, Page 3
The following is a list of the business to be laid before His Honour Judge Ward at Timaru to-day IN BANKRUPTCY. Orders of discharge will be applied for by Mr Hay, for Henry C. Davies, of Burke's Pass, carpenter, and for William Richards, of Beaconsfield, farmer.
Re William H. Ridsdale, of Waimate, baker, Mr Clement, for certain creditors, to present a petition for adjudication.
Re. James Philp, motion for order declaring the sale of stock-in-trade by bankrupt to be fraudulent and void as against the Official Assignee. Mr White for the Assignee, Mr Hay for the purchaser.
Timaru Herald, 14 January 1896, Page 4
IN BANKRUPTCY. In the matter of the bankruptcy of David Mitchell Ross.
Notice of motion for admission of proof of debt of James Shears.� Messrs Perry, Perry, and Kinnerney
Timaru Herald, 20 March 1896, Page 1
NOTICE is hereby given that James. Patrick, late, of Temuka, Baker, was this day adjudged bankrupt, and I hereby summon a meeting of Creditors, to be holden at my office, Arcade, Timaru, on the 26th day of March, 1896, at 11 o'clock. ALEX. MONTGOMERY, - Deputy Assignee
Evening Post, 7 July
1896, Page 6
At a meeting of the creditors of Harry Gardner, farmer and publican, who levanted some time ago, unsecured debts amounting to �1300 were mentioned. The properties under mortgage are expected to yield such a surplus as to provide a substantial dividend. It is estimated that the bankrupt took away about �6000. One creditor said he knew Gardner was going away, but he dare not open his mouth for fear of an action for damages for slander. The bankrupt kept the Saltwater Creek Hotel, and also owned that at Burkes Pass.
Post, 21 November 1876, Page 2
DYSON V. DYSON AND FORWARD. Dyson, the petitioner, for whom Mr. Bell appeared, had been married at Arowhenua, Temuka, in 1863, and had four of a family; the co-respondent had been living at his hotel; a week after he left, the petitioner's wife went to Timaru on a pretended visit to some friends; she never returned; he went to Timaru in search of her, and afterwards to Dunedin, where he found her; she admitted she had been living with Forward in Oamaru and Dunedin; she was asked to return for the sake of the children, but declined to return to Temuka, though she was willing to go anywhere else; he took lodgings for her, and returned to Temuka to sell out, but she shortly sailed for Melbourne, and he never saw or heard from her afterwards; this occurred in 1870; he had gone through the Bankruptcy Court shortly afterwards, and was not till now in a position to take proceedings; he had been informed that the suit would cost him £150.
Timaru Herald, 4 August 1885, Page 1
The Bankruptcy of Priscilla Ann Allpress, of Timaru, in the Provincial District of Canterbury, Dressmaker, a Bankrupt have this day filed in the said Court at Timaru a petition to be judged in Bankrupt. Dated this 3rd day of August, 1885.
Star 18 January 1893, Page 4
District Court. — At the District Court, Timaru, yesterday, before his Honor Judge Ward, probate was granted of the wills of the late Dr B. B. Lawson and Alfred Douglas. Some bankruptcy cases were called on and adjourned. Joseph Maberley, cabinet-maker, of Waimate, bankrupt, was put through part of his public examination, which was then adjourned. In the case of William Collins, woolscourer, a bankrupt, application was made for an order declaring the plant in hit. possession at the time of filing to be the property of the executrix of the late Ebenezer Smith, a partner of Collins in the works. Evidence having been heard, his Honor made the order asked for; Two cases arising out of the bankruptcy. of D. M. Ross: Were postponed till this morning.
Timaru Herald, 19 March 1897, Page 3
Thursday, March 18th. (Before His Honour)
IN BANKRUPTCY. The Deputy Assignee Mr A. Montgomery was granted release from duty in respect of the bankruptcies of M. B. Brown; E. O'Donoghue and E. Shaw.
Re James Young, of Fairlie, late storekeeper, public examination.� Mr White for Assignee; Mr Kinnerney for T. Winter, a creditor ; Mr Hay for bankrupt.
Started trading: as James Young " and Go," with capital found by his father. There was no agreement to share profit and loss, except a verbal cine. Did not remember his father signing bills or cheques for James Young and Co. Had nothing, to. do with the stables and coaching business. (Mr White advised bankrupt to be careful on this point.) Had debited customers with stable accounts. Paid and received money on account of his brother's stable business, and squared accounts m that way. (Mr White put in one account to a customer £12 odd. for stows and £15 odd for stable account, for which a single bill was taken, payable to James Young and Co.) Assisted his brother all he could, by collecting his debts and supplying horse feed, A statement of assets sent to Bing, Harris and: Co., included: "In the stable, in which we have half share horses, etc., enumerated), £400." The we meant himself and his father, his father having a share m the stable. He explained the case to the traveller. (Mr Hay pointed out that the bankrupt meant that the half share m the stable was the property of his partner, his father.) Mr White said that would be his father's private business not an asset of James Young and Co. Bankrupt said the traveller asked for the whole position. He signed the mail contract, was the contractor, drew the money and credited the stable account ; but had nothing to do with the carrying it out. Bought most of the plant, but for his brother William, with his brother's money. John Shaw was the, previous contractor, but Thomas Shaw ran the mail. The plant was paid for by Jas Young and Co.'s cheque, but his brother found the money, £90 odd. Did a good deal of business with tourists on his brother's account, even when his brother was present ; but he was often absent...
North Otago Times, 12 June 1897, Page 3
Timaru. June 11.
James Young, late storekeeper at Fairlie, has been committed for trial at the Supreme Court on six informations of breaches of the Bankruptcy Acts � failing to keep proper books, obtaining credit by false pretences, transferring L500 of his assets with intent to defraud his creditors, making illegal preferential payment. The Deputy Assignee was the informant.
Timaru Herald, 11 March 1898, Page 4 IN BANKRUPTCY.
THOMAS CONNELLY. A meeting of the creditors of Thomas Connelly, farmer, Winchester, was held on Wednesday in the office the Official Assignee. Mr. Montgomery, Deputy Official Assignee, presided. The creditors present were - Messrs J Elkis, Hayhurst, J. Brown, E. Brown, Buxton, Opie, Hoskins, Klee, Brodgen, Oddie, and Twomey. Mr Raymond appeared for the debtor, and Mr Hay for Mr Brown. The following statements were filed :...
Timaru Herald, 24 March 1898, Page 3 IN BANKRUPTCY RE B. P.
The first meeting of creditors of Boy Peter Bundesen, coal dealer, bankrupt, was held at the Deputy Assignee's office yesterday morning. Examined by the Deputy Assignee on Tuesday the bankrupt stated that he had been in Timaru for about 19 years. At the outset had £150 five of debt. Bought a property in Bank and Church streets with eleven-roomed house, in which Mrs Bundesen carried on a boarding house. Paid £200 to Mr Ziesler, the price being £1075, the balance remaining on mortgage at 10 per cent. He started in business as a coal dealer in 1880 with Mr A. Smith, Smith putting in £100, and he a horse and cart worth £40. After nine months, finding the business too small they dissolved partnership. Sold an interest in a West Coast mine for £500; gave Smith £100 for his share in the business, and gave Mrs Bundesen £100. Then bought from W, Parsons- Upper Church Street, the goodwill and stock in trade of his coal business for £200. Was doing a fairly good business till the last five or six years, when Mrs Bundesen fell ill and he was put to great expense ; trade also fell off, and with low prices, bad debts, and high interest, he was compelled to borrow money from Mrs Bundesen as long as she could raise it to meet his bills. He had often to pay 20 or 30 per cent, for accommodation. Things went from bad to worse and he saw no other way than to file. The following were present at the meeting : The bankrupt and his solicitor, Mr C.H. Tripp, Westport Coal Company, (Mr Gillies), Messrs A. Targuse, W. Coe, and John Jackson.
In reply to Mr, Gillies the bankrupt said: — I do not remember ever saying I was perfectly safe. What I think I said was that you heed not be frightened When I said this expected Mrs. Bundesen would be able to raise some more money. The household furniture is the property of Mrs Bundesen. I have no interest in any house property. The £254 my statement as bad debts represents all the bad debts incurred since I began business. I estimate my book debts likely to produce £100.
to Mr Tripp : When married Mrs Bundesen he was a widow and had an hotel in Victoria, the furniture in which was her own. She sold the furniture before we came to New Zealand; and got about £150 for it. I have borrowed a good deal of money from Mrs Bundesen, I consider I owe her £200. She does not intend to claim as a creditor against the estate. The meeting decided that the stock-intrade and plant should be sold by public auction. It was proposed by Mr Jackson, seconded by Mr Targuse and carried :--"That the bankrupt be recommended for his immediate discharge."
Timaru Herald, 22 December 1898, Page 3
IN BANKRUPTCY Mr JOSEPH DOCKRILL.
A meeting of creditors of Joseph Dockrill, baker, Fairlie, was called for yesterday morning at the Deputy Assignee's office but only two were represented, the Timaru Milling Company and J. Ballantyne and Co. Mr Tripp appeared for the bankrupt. Examined by Mr Montgomery, the bankrupt stated that he had been in business in Fairlie as a baker for a little over twelve months. Had previously been in Timaru for six years. Attributed his difficulties to bad trade and heavy expenses, high coat of flour and produce, and long illness of his wife. Could make no offer. The cart belonged to Mrs Dockrill, who had paid for it out of what she saved from 7s a week allowed for household expenses.
Timaru Herald, 18 March 1899, Page 3
A sitting of the District Court will be held at Timaru to-day by. His Honour Judge Ward, for which the following business is set down IN BANKRUPTCY. Orders of discharge will be applied for on behalf of
Timothy Cronin, hotelkeeper, Timaru
W. J. Whitley, bootmaker, Timaru
F. W. Worner, butcher, Geraldine
J. Dockrill, baker, Fairlie
W. J. Gibson, blacksmith, Pleasant Point
A. S. Waddell, tailor, Temuka
M. Scannell, contractor, Temuka
Timaru Herald, 4 August 1900, Page 4
IN BANKRUPTCY. A first meeting of creditors of William Henry Cain, of Timaru, stonemason, was held. The bankrupt stated that he had been in Timaru about four years as a monumental mason and general mason. Had no capital when he commenced. Attributed his position to losses on contract work, and borrowing money at big interest. Had taken work too cheaply sometimes, in his anxiety to get work. The landlord put in a distress warrant and sold the stock, and he was therefore obliged to file.
Evening Post, 1 December 1913, Page 8 BANKRUPTCY OF A SOLICITOR
SUPREME COURT ACTION. - CHRISTCHURCH, This Day. The Supreme Court, before Justice Denniston, is hearing a case arising out of the bankruptcy of Walter Shaw, solicitor, of Timaru. The parties are the Official Assignee in the bankruptcy of the property of Shaw and the Timaru Property Company, John Imrie (land agent), Mark Higgins (land agent), Frank Archdall Raymond (accountant), and Samuel Trevurza of Mount Eden (retired farmer). Mr. Myers of Wellington, with Messrs. Kinnerny and Weston, appeared for plaintiff, and Mr. Skerrett, K.C., with Mr. Cassidy, for the defendants except Trevurza, for whom Mr. Hoskings, K.C., with Mr. Acland, appears. The action is one to set aside an agreement entered into in December last between Walter Shaw, solicitor, Timaru, now serving two years' imprisonment for misappropriating land of the company and Trevurza. Shaw's liabilities total £50,000, mostly trust money. The action seeks the recovery for the benefit of the creditors of certain lands, or income from them, held by the company. Plaintiff contends that the agreement is inequitable.
Evening Post, 16 September 1913, Page 4CLIENTS RUINED
DEFAULTING SOLICITOR SENT TO GAOL
Timaru, 15th September. Walter Shaw, solicitor, pleaded guilty to ten charges of abuse of trust moneys totalling £6700, and one charge of false pretences. He was sentenced to three years' imprisonment. It was stated that Shaw's total liabilities were about £50,000- His assets had not been fully ascertained, but would probably equal between 2s 6d and 5s in the £. Mr. Solomon, K.C., Dunedin, who appeared for accused, stated that he was bound to admit the charges, and that his client had placed under suspicion a profession which could not be too jealously guarded. Shaw was 56 years of age. He had been in Timaru from boyhood, and had a most promising career, and had been held in high esteem. People had readily placed money in his care on deposit, and he became connected with one Trevurza, a land speculator, and Shaw lent him deposited money to finance speculations. Getting his funds easy Trevurza speculated largely, and carried Shaw off his feet. He had to pay interest to his clients while getting nothing from Trevuvza. Trevurza bought properties which brought in nothing, and were unrealizable. Pressed by his clients for, their money, Shaw sold the properties at much less than he gave for them, and, in twelve or eighteen months, he was in difficulties, but still hoped to recover by good realisations which did not eventuate, and then he began using the trust moneys to tide over immediate difficulties. His affairs became inextricably confused, and his mind also; so that he could not do what he should have done, namely, called his creditors together. Literally he "robbed Peter to pay Paul," but did not always pay Paul. It was in his favour that he stayed to face his disgrace, and take the punishment. Apart from his speculations, he had lived a clean life. For the sake of Shaw's girl wife and infant child, Mr. Solomon asked for the fullest possible measure of leniency. In reply to his Honour, Mr. White (Crown Prosecutor) said that Shaw's crime would mean absolute ruin to some of his clients. There were dozens of other cases besides the £6700 referred to in the charges. The embezzlements took place very shortly after his connection with Trevurza. The case of false pretences was a sale of property that did not belong to him. His Honour said it was a very painful case, but also a very serious offence. After making every allowance for accused's lack of business ability, and considering his career as a solicitor had been ruined, he must sentence him to three years' imprisonment.
There are two types
of bankruptcy files:
the court file, where the petition is initially filed
and a file of the Official Assignee in Bankruptcy and this may contain inventories of property and debts.
Archives NZ Christchurch holdings:
Official Assignee's files for Timaru from c. 1883-1932
Timaru Supreme Court Registers 1909-1969 and files 1909-1932
Pre -1909 Timaru records with the Christchurch material
For every Official Assignee File,
there was a corresponding Supreme court File with the same number. The numbers
came from the supreme Court Bankruptcy registers. Cases not proceeded with,
struck out or settled before bankruptcy was adjudged would have a supreme court
file, but not an Official Assignee File. A case might be filed in the Supreme
Court Christchurch (or Timaru, Greymouth) then assigned to a Deputy Official
Assignee in e.g.: Ashburton Timaru, according to the location of the Bankrupt.
The Deputy would then Assign his own Number. These two situations would cause
gaps in the main official assignee's file sequence.
The Law of Bankruptcy makes available the property of an insolvent to his/her creditors, its purpose is to: Ensure that the distribution among the creditors of what property there is, is fair and that it is proportionate to the amount of their claims. Give the debtor a chance of making a clean start, discharged of his/her liabilities.
Information Contained in Bankruptcy Files:
Supreme Court - Order for bankrupt's
discharge, motion for discharge of Bankrupt, affidavit by Bankrupt in support of
application for discharge, motion for assignee's release, statement of accounts
and balance sheet with the Audit Office report thereon, debtors petition, report
of assignee and order of release.
Official Assignee - Notice of Adjudication schedule, statement of Bankrupt, List of unsecured Creditors, Liabilities, real estate, Statement of Bankrupts Affairs, report of the Assignee, Claimants' Letters to Official Assignee, Promissory Notes, Proofs of debt.
Supreme Court - NO restrictions for Bankruptcy files, Minute Books or Bankruptcy registers
Official Assignee - 50 Year Restriction for Bankruptcy Files
Permission to view Files Less Than 50 Years Old is Given By: The Official Assignee, Ministry Of Commerce, CHCH
South Canterbury NZGenWeb Project