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DISTRICT COURT

ASHBURTON— TUESDAY. (Before His Honor Judge Ward.) IN BANKRUPTCY. In re Cornelius Fanning. Public examination. The bankrupt was also charged with extravagant living. Mr Cuthbertson „ appeared for the Official Assignee, and Mr Crisp for bankrupt. . ' lkjt Cornelius Fanning, examined by Mr. > Cuthbertson, said he waa a single man, a „. laborer, living at Methven. Had been in the district for 20 years, and had, barring accidents, been always in work. Had ~ been 10 years at Winchmore. For the last 16 years had averaged £100 per annum. Left Winchmore 2* years ago, and had been working at Mr Brown's, Mr Friedlander's, and Mr Cameron's; during that time. During four weeks with' Mr Brown, of Highbank, had been earning £4 a week, but in an ordinary way got '; 25s per week and found. When bankrupt; filed he owed about £40. Some of it had .; r been owing a good while, but some of it *; was hot paid because he "had not been H' billed for it.. At the time of filing owed * Hibbs Bros £14. Made arrangements to/j pay £2 a month, but- Hibbs declined to . t arrange without a guarantee. Had to file *l, then.- At the meeting of creditors ad- J mitted -having spent or lost £15 in May. Did occasionally take liquor. Watr-work—"- ---! ing right up to the date, of his bankruptcy and had been working ever since. - t . By Mr Qrisp—Had, - had. am accident which necessitated visits' to Christahurch to see medical men. Had been dealing : with some of his creditors for 20 years, and they were willing that. he should, go „„ on again. Gave Mr Hibbs an order .for.-,. £5 on Mr^Brown, but the-manager re- 1 fused to honor it because Mr Brown was '- away. HadaskedforhisaccountfromHibba 1 half a dozen times,, and he could have paid. I. it while in Mr Brown's employ. Did:nofc;.. get a correct account until he got It with- V the' summons. No other creditors'had pressed him. • ,;. - • , Mr M. Inghrßrowri, manager, Highbank, produced hia wages book, in'which Fanning's earnings were shown. The_ £4 a week term of 4 weeks 4 days was ilk the; r harvest, twelve months ago. Fanning had ". not been working for witness for 12 months. , , [ , „:. His Honor said itwassimply absurd that ' a man earning £100 per annum shouldrv take advantage of. the Act to cover »ri indebtedness of £39. . The Act was not intended to enable a man to rob his creditors, and this was what he was doing. If any of the creditors chose to sue on a - judgment summons an! order",would issue j* at once. His Honor would not declare* }'_ the public examination closed. In Re T. and R. Morgan. Public ex« animation adjourned sine die. In R* Ei W. Osborne. Order for discharge granted. {, - Bernard Cullen vH. W. Felton. This was an appeal on the parl of Bernard Cullen against a judgment of Mr D. Shea Lawlor, who sitting.- as a Justice of the Peace, on the 3rd .of May last,-- had sentenced the appellant to pay a fine of ■ i £20 or to go to prison for three months j. '•-. having found appellant guilty of resisting and assaulting the police. ' " There was no plea of innocence of the offence set up, and His Honor said he could certainly hear the case again and decide as to the guilt or _ ■ innocence of the appellant, but he could. not traverse in any way the penalty imposed by the Justice, who exercised- • the discretion he was allowed. There was no appeal against the penalty. . Mr Crisp, in that case, would have to withdraw the appeal, and carry the matter, lief ore theJßlinisterjof^jMafcicfl^bufc mean-r~ while was there no means of getting the . young man out on bail pending the appeal to. the Minister of Justice ? His- Honor had no power to .move in " that matter. . Mr Corr, who appeared for the Justice, asked for costs, but His Honor disallowed these. „ The Court adjourned. ■

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18900521.2.18

Bibliographic details

DISTRICT COURT, Ashburton Guardian, Volume VII, Issue 2435, 21 May 1890

Word Count
655

DISTRICT COURT Ashburton Guardian, Volume VII, Issue 2435, 21 May 1890

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