DISTRICT COURT.

Press, Volume XLVI, Issue 7363, 16 July 1889, Page 3

DISTRICT COURT.

ASHBURTON.

Monday, July 15. (Before hie Honor Judge Ward.) In Bankruptcy, re alex. proctor. Application for order of discharge. Mr Caygill, for the Assignee, asked that the matter be allowed to stand over owing to the bankruptcy of Proctor, Jones, and Co. The affair wore a different aspect, and the Assignee was not yet prepared to assent to the discharge. The next Court day was fixed as the time for bankrupt to apply for his discharge. HE HENttY ANTJERSON. Application for order of discharge. i>lr Crisp for bankrupt. Order granted. RE THOMAS WHITTINGTON. Adjourned public examination. Mr Caygill for the Assignee; Mr Cuthbertson for the bankrupt. Certain creditors had, on the last Court day, sought to have the bankrupt committed to prison on the ground that at the time some of the debts were incurred he had no reasonable expectation of being able to pay the same. Mr Caygill put in the statement of assets and liabilities in support of the evidence heard last Court day. Mr Caygill having addressed the Court. His Honor said the creditors had no doubt made out a fairly strong prima fade case, but he was afraid he could not make the order for imprisonment. No doubt bankrupt had been in the habit of running up small accounts, but before he could make the order the evidence must be very clear that the bankrupt had no reasonable or probable expectation of being able to pay the same. He could not, therefore, make the order. The public examination was declared closed. RE F. D. LOWE, Order for public examination. Mr Cuthbertson said he had acted for the bankrupt in filing the petition, but he had received no intimation that it was intended to hold a public examination. The Assignee explained that at the first meeting ofcreditors a resolution had been filed directing that the bankrupt be publicly examined,* but nothing was elicited on which they could proceed, and they had consequently abandoned the position they had taken up. His Honor pointed out that the Assignee had not complied with the requirements of the Act in not advertising the matter and notifying the creditors. The Assignee replied that he had not been supplied with any funds by the creditors. His Honor said the provisions of the Ace muit be complied with, and he would consent to adjourn the public examination of bankrupt till next Court day.