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MAGISTERIAL.

ASHBURTON—THURSDAY.

[Before Mr C. A. Wray, R.M., and Mr D. Shea Lawlor, J. P.] „ SHEEP ACT. James Wilson was fined 20s for exposIng sheep for sale afflicted with lice. BANKRUPTCY ACT. Richard Morgan was charged on the Information of the Deputy Official Assignee, with failing to discover to the Deputy Official Assignee all the property real and personal of the bankrupt firm of T. and B. Morgan, and how, to whom, and for what consideration such property, or any part of it, had been disposed of, auch property not having been disposed of in the ordinary way of trade; that R. Morgan had failed to deliver up to the Assignee all such property of the firm of T. and R. Morgan as was in his possession or control; that he had not delivered up the firm's books, etc., as required by the Bankruptcy Act; that he had concealed part of the firm's property ; and fraudulently removed part. Mr Fisher appeared for the creditors, and Mr Outhbertson for the accused. J. R. Colyer, Clerk of the Court, said that Humphrey and Recce filed a petition against T. and R. Morgan on 27th Feb., 1890. An order of adjudication was made on 12th March.—Richard Morgan was represented at the hearing of the petition by Mr, Cuthbertson. By Mr Cuthbertson—A warrant was issued on ,22nd March for the arrest of R. Morgan. He was arrested and retained in prison till a fortnight since. Claude Revans said he represented Sclanders and Co., Christchurch. Knew the firm of T. and R. Morgan. They gave witness a statement of their position, showing liabilities £769 19a lid, and assets £1300-r-leaving a balance in their favor. —This statement wiis prepared for the manager of the Bank of Now Zealand, Ashburton. At the time they owed our firm £201 8s sd.—Tho Morgans afterwards got goods to the amount of £30 or £40. ,They had since paid off about £60. —Understood the statement was prepared by Mr Morgan. By Mr Cuthbertson—Saw his stock and thought it was .correct. Took his word that the assets were as represented. Did not ascertain whether the houso and land were mortgaged. 35, G. Crisp, solicitor, said that on the 27th February he served a summons on Morgan to show why ho should not be made bankrupt. When accused was served he said, "I expected you. lam glad it is you. You are a decent sort of fellow. Had it been the Bailiff I would have kept out of the way ,-uid given some bother. Did not look particularly titMi c Store, but it looked like an empty place. Richard White, accountant, Christchurch, went to Morgan's place on the 12bh November last to take stock on behalf of the creditors. Morgan gave every assistance. The stock sheets produced showed j, to,tal, of £532 Os Id. Morgan gave witness a list of his book debtn amountirig to £311 11s 4d, stating his liabilities at. £735 14slid, as far as witness could remember, Morgan agreed with the valuations'.made, as the ptock w.ih taken down at edsi price. Went through tfoe whole of the stock line for line, and

handled it all. Every line on the sheets was in the store. Could not judge of the turnover, but at the time witness was

there business was slack. Day-book and ledger were shown to witness— all the books Kept by Morgan. The statement of Morgan shows more than 20s in the £. The book debts in the list are put down as good, bad and doubtful, the classification being Mr Morgan's. J. C. Bell, Deputy Official Assignee, knew Richard Morgan, but had only seen Thomas Morgan once. Accused told him that.Thomas had left New Zealand. No statement of assets and liabilities required by the Bankruptcy Act had been furnished to witness by either Thomas or Richard Morgan, and no effort had been made by either to comply with the Act in this direction. Produced a list of creditors who had claimed upon the estate and whose claims had been accepted—£642. Saw Morgan on, the day after he was adjudicated a bankrupt, and served him with the usual notices. The first meeting 'of creditors was held on March 22nd last". Morgan did not attend the meeting. On 28th March received a lot of goods from A. M. Pearson, bailiff of the Ashburton Court. The goods belonged to Morgan's estate, and were sold by auction in Ashburton, the net proceeds amounting to £51 7s 6d. Of the goods mentioned in the drapery stock list, witness had received only a few shirts and socks, and Morgan had given to witness no statement as to the disposition of the. remainder of the stock shown in White's list. Morgan had not furnished him with any books whatever; such books as had come into witness's possession were taken out of the store by the bailiff. These books afforded no information as to accused's business after September 12, 1889. By Mr Cuthbertson: A warrant for Morgan's arrest was issued after the first meeting of creditors, but the Supreme Court set aside the warrant, and about a fortnight ago he was released. Summoned him to attend for examination, and he came and answered any questions that were put. (Left Sitting). j

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18900508.2.19

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2424, 8 May 1890

Word Count
874

MAGISTERIAL. Ashburton Guardian, Volume VII, Issue 2424, 8 May 1890

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