BANKRUPTCY COURT.

Press, Volume XLI, Issue 6119, 29 April 1885, Page 3

BANKRUPTCY COURT.

Tumbay, April 28, [Before His Honor Mr Justice Johnston.] His Honor sat in bankruptcy at 11 a.m. DISCHARGES. Orders of discharge were made as under: —Ec John Dalzall (Mr Deacon), re H. Ottoway (in person). . BB F. B. POETEB. Mr Stringer applied herein for an order of discharge. The Official Assignee reported that the expenditure of the bankrupt on rent, &c., had been too great, and he would ask the Court to suspend the certificate of discharge. .His Honor granted the order of discharge at the expiration of three months. BE W. G. ELL. Mr Deacon in this case applied for an adjournment, on behalf of Mr Denniston of Dunedin, who appeared for the bankrupt. Mr Stringer appeared for the petitioning creditors, Messrs Harper and Co. Mr Deacon pointed out that Mr Denniston had been retained to apply for an order annulling the bankruptcy on certain grounds. Mr Stringer objected to an adjournment for fourteen days, but would agree to one for seven days. Order—Case to etand over for seven days. BE H. B. HUDDLBSTON. The debtor in person applied for his order of discharge. A creditor at Kaikoura, Mr Davidson, opposed the discharge and filed an affidavit. .-■■■•• After argument, His Honor suspended the discharge for three calendar months. BB BOBKBT OAT. Mr Fisher applied herein for the costs of the petitioning creditor. - , The Official Assignee stated that there were no assets at present in this estate. His Honor made no order. - ADJOUBNMHNTS. Adjournments were made as under—Be Arthur Walker (Mr Thomas), re W. A. Collier (Mr Deacon). PUBLIC EXAMINATIONS. The following debtors passed their public examination: — J. Strike (Mr Bussell), David Wac3on (in person), Walter Gee (in person), W. A. Wood (Mr Stringer), Thou. Cane (Mr Jzard). BB ANDBBW BUD AND JOHN BAIN. In these cases the first named bankrupt executed to the second a billot sale over property belonging to hie son comprised intheptant of an aerated water factory. The bankrupt Bain then entered into partnership with the son, his contribution being the bill of sale. Subsequently he seized and sold under the bogus bill of sale. The Official Assignee now applied under one of the penal clauses of the Act for the direction of a criminal prosesution under the Act, as certain creditors who had supplied goods after the execution of the bill of sale had been defrauded.

- Hie Honor said that he had a great aversion to putting in force the penal clauses of "the Act except when there was exceedingly clear proof of criminal intent. In these cases it wou'd Vβ better to have an adjournment in order that the matter mipht be looked into mote carefully than could be now. . The cases stood over till Jane 23rd. KB B. B. WALLIS. The debtor, who had been in partnership with one Fisher, in the Turkish Bathe, hero came up for examination. Mr Joynt appeared for Mr W. B. Scott, a creditor, and Mr Bussell for the bankrupt. Mr Joynt examined the bankrupt at some length with regard to the transactions of the firm as regarded the erection of the building by Mr Scott. • Mr Scott wee also, examined by Mr Joynt on the same subject. Kelynge F. EngLwd was called by Mr Joynt to prove that hie name had" been inserted on the list of annual subscribers to the Turkish baths projected by the bankrupts, without his consent, and that he had returned the annual subscribers* ticket sent to him. T. B. Whitfield was also called, and deposed that Wallis had asked him to subscribe to the Turkish Bathe, but he declined, point blank, to do so. He told Wallis that he had quite enough baths in the , bakehouse, without subscribing to hie Turkish Baths. E. C. Latter, Official Assignee, deposed that the lists produced, containing the names of England and Whitfield, as annual subscribers, had been handed to him by the bankrupts. On the application of Mr Joynt, hie Honor adjourned the case tb May sth for further enquiries. BE JOB HOBWSLL. Mr Bus-jell appeared for the debtor, who came up for hie examination. Mr Harper appeared for Miles and Co., to examine the banbupt. In reply to questions by Mr Harper, the bankrupt stated that he had made an agreement in May, 1884, with Mr Ford, of Miles and Co., to reduce bis account with them in four weeks to £850, and to allow of supervision by representatives of the firm from time to time of his stock and plant and works. Hβ had sold the casts, Ac, to bis son on Ist May, for wages due to him to date. This included horses, carte, pigs, &c.. and at the time of making the agreement with Mr Ford he had parted with hie property to his son. In the agreement with Mile* and Co. he had stated that rV owed no one any money except Miles and Co. When he made this statement he owed Mr Newton £62 for sheep, and Mr John Matron £100. On the Ist October, 1884, his son went off on his own hook with the carte, &c , and witness; fil-din January, 1885. His son's* claim for wages came to about £300. He was allowed l&r per week, and Is in the £ commission on sales. This went on for o*er three jean. In reply to Mir Buesell the witness said that the agreement was written by Mr Ford. • ■ ■•■ • ■■■■■-■' •'•'\- •.'•

Witness was not aware that the property was made over to the son of the bankrupt. . In reply to Mr Buasell, witness said bankrupt told him that all belonged to him except two_h_rs—>, which belonged to his son. —> -808-- HTDB. In this case the Official Assignee reported that the bankrupt had gone into certain land speculations with money obtained out of the business, which property had been settled on his wife. A-xangements were, however, in course iof being made for the re-transfer of this land to the Official Assignee. Under these c-rcT-au-tances he would not oppose the dose of the examination. The examination was then declared closed. Mr McConnel appeared for the bankrupt. sa tic-OB i~ c____a. Mr Joyce appeared for the bankrupt The examination was .declared to be closed. BE W. A. BUST. _ On the application of the Official Assignee, this case was adjourned till May sth..