GOING THE PACE.

Auckland Star, Volume XXX, Issue 88, 15 April 1899, Page 5 (Supplement)

GOING THE PACE.

In the Court of Insolvency at Melbourne on March 29, Henry Barton, typewriter, was to have applied to have an order of the Court varied. When the matter came on for hearing,

Insolvent asked for a postponement, as his solicitor was not in attendance.

Mr Woolf: I appear on behalf of several tailors—creditors—to oppose the application. This young man has been going the pace, your Honor, and since the sequestration of his estate has been living in a grossly extravagant and unjustifiable way. I appear for four of his tailors in all—(laughter)—the Messrs Thurling and Co., Mr Potts, Mr Heaveyside, and Mr Balderson.

Insolvent, at the invitation of Mr Woolf, went into the witness-box 'to be examined in support of his application.' He said that when he filed his schedule in March, 1896, his total debts were set down at £110. This was due to a mistake In totting up the figures, and the total should have appeared £65 more. At the time he filed his schedule he was in receipt of £9 a month. He was now paid £10 a month, but as a matter of fact he only drew £7 a month. His creditors got the balance under an order of the Court.

Mr Woolf: I see by this balance-sheet that since Ist January, 1596, you have incurred debts of £59 4/8 to your tailors, £5 to your laundryman, £2 5/ to your cabman, £22 4/9 to money-lenders. There is one item which should be explained— 30/.for the hire of a carriage and pair.

Insolvent: I hired a conveyance, and •they (Garton and Co.) sent me a carriage and pair.

Mr Woolf: You wanted to go to the Governor's levee, I presume?— Well, no; I was going to a ball.

All by yourself?—l had a friend with me. I may say that I was making overtime then. (Laughter.)

Tou took yourself and«a lady friend to a ball. I presume you were engaged to the lady?—Oh, no.

Was she a young lady or an old lady?— I really cannot remember who it was.

But you do not go to a ball in a carriage and pair every day. Please try to remember whether it was a young lady.

Judge Molesworth: You are not asked to mention the lady's name. (Laughter.)

Insolvent: I cannot remember the particular occasion. I have been to so many balls.

Mr Woolf: Have you ever driven a lady in a carriage and pair since that occasion?—l don't think so.

Come now,was she a young lady?—l expect she was. (Laughter.)

Mr Woolf: I now propose to ask you about the manicuring case, reported in the 'Herald* of 22nd December, 1897.

His Honor: It might be wiser if Mr Barton were to withdraw his application.

Mr Woolf: He goes and orders a dress suit at 16 guineas

His Honor: You see, an examination like this may do insolvent serious harm.

Insolvent: On 9th April, 1597, I signed an order, at the request of the trustee, by which my creditors were to receive £3 a month. I cannnot continue to pay it.

His Honor: An examination like this may affect your "present situation. .

Insolvent: I have paid £63 on that order, though my creditors have not had it all. I have already paid 7/ of "my proved debts.

Mr Woolf: And those creditors want 20/ in the pound tvpm you.

His Honor: It is very nice to drive young ladies to balls, if one can afford to do it. (To insolvent): Have you paid the solicitor who was to have appeared for you to-day? \

Insolvent: Not yet

Mr Woolf said the creditors would consent to a reduction of the order againist Insolvent from £3 to £2 a month, if Barton would agree not to come before the Court again during the next three years, and to pay the costs of the present proceedings, five guineas.

Insolvent: Will you give me three years to pay the costs?

Mr Woolf: We will.

Insolvent (hoarsely): Then I consent. Mr Woolf: It will be the most indulgent order ever made by this Court. (Laughter.)'

The application was withdrawn by consent.