NO PROSECUTION.

Press, Volume LXV, Issue 19726, 17 September 1929, Page 5

NO PROSECUTION.

B. RENNELL'S BANKRUPTCY FUBNITUBE ALLOWED TO BB KEPT. No prosecution will bs proceeded with against Bernard Bennell, • bankrupt builder, the Crown Solicitor (Mr A. T. Donnelly), to whom the papers had been referred, having advised against such a course. The bankrupt will also be allowed to retain his furniture. Twelve creditors were represented at the adjourned meeting of creditors yesterday morning, the Official A wignee (Mr A. W. Watters) presiding. Mr J. K. Moloney appeared for the bankrupt. . The Assignee reported that he had accepted the offer of Mrs Julia Bennell to pay to him the sum of £2OO for the tools of the bankrupt on condition that she withdrew all claims against the estate. The Western Timber Company had since written to him objecting to the proposal, which had therefore been allowed to lapse. He had sent the papers relating to the ease to the Crown Solicitor (Mr A. T. Donnelly), who, while stating that the bankruptcy was not altogether satisfactory, was at the same time not prepared to give a certificate to enable a prosecution to be instituted against bankrupt. The Assignee had since received £BB 2s 3d in respect of some contracts earned out by bankrupt, and there were some assets yet to be realised. "The amount is still round about 5d in the £f" enquired a creditor. "It won't be more," answered the Assignee. In answer to a question, the Assignee said that the bank overdraft amounted to £llß3. A creditor: I understand that the house was sold for £I2OO. The Assignee: The bank will not get £6OO out of the house. Mr P. McNamara moved that the bankrupt be allowed to retain his furniture. He stated that bankrupt started business with £IOOO, which was quite in order. He not only lost £IOOO, but £4OOO in addition. His bankruptcy was in a way an anti-climax. 'lt would be playing it pretty low down," he said, "to deprive him of the few bits of furniture he has left." The motion was neconded by Mr W. H. Warren (New Zealand Farmers' Cooperative Association, Ltd.). Mr Moloney stated that the bank- * runt was* not a gambler; he was a moderate man. The Assignee agreed that the motion was a reasonable one, adding that it would make no difference to the amount of the dividend. The motion was carried unanimously.