In Bankruptcy.

Daily Telegraph (Napier), Issue 6988, 15 February 1894, Page 3

In Bankruptcy.

(Before Mr Justice Riohmond)

The Bankruptcy Court opened this morning at ten o'clook. GAEL ». MOBTBN3BN. Application for disoharge. Mr Cress well appeared for bankrupt, and Mr McLean for the assignee. _, This oaße was adjourned from last session, as there was a probability of the debtor being able to make an offer to his oreditors. Mr Creaswell Baid he had not been abb to make 1 the offer. It was Baid in the report that his wife had a large amount of property, and so she had, but it was sawmill property, heavily mortgaged, and not a penny could be raised ou it. Mr McLean said the deputy assignee's recolleotion of the matter was that the Chief Jußtioe adjourned it in order that the bankrupt should pay 7s 6d in the pound. Mr Crasswell said the opposite was the case. It was adjourned in order to allow the debtor to try and raise 7s 6d in the pound. Mr McLean said ha wished the case adjourned attain, on the ground that a man named Patrick O'Shea had been adjudged bankrupt in Wellington, and it was believed that he had had transactions with Mr and Mrs Mortensen. It appeared at present that in consideration of O'Shea advancing £400 they gave him an agreement to execute a bill-of-sale, and to deliver 25,000 feet of timber per month, to be credited against the £400. The bill-of-sale was to be over an engine, valued at £235, and oertain other things. It appeared that notwithstanding thss agreement, they had transferee! this property to Mr Tanner. Enquiries should be made into the matter. His Honor said that under the circumstances he would adjourn the case until next session. HENEV SCHABBE. Application for disoharge. Mr Oresswell appeared for the bankrupt. The Assignee said tho bankruptcy had not been closed, and thera was £G or £7 due to the Government. Mr Cr*swell siid he had been assured by the Assignee's clerk that it was closed. Hia Honor said there appeared to have been a misunderstanding. He thought the application should have been made long before.

Mr Cresswoll said the man had been living in the bush, was not educated, and was a foreigner. He also had not the

money. His Honor said that the Assignee's report was not of a very favorable character. Had not the creditors" taken any steps ? The Assignee said that they intended to have him publicly examined, but did not do m. They were very angry at first, but so long a time had elapsed tbat they did not now trouble.

His Honor said that was the usual way. They probably thought it was no use throwing money after bad Mr Grot-swell applied that the bankruptcy be deolsred olossd now, and that the appli cation for discharge stand over until next meeting. This course was eventually agreed to.

\ . LOUIB FBEEDM'N. % " "Application for disoharge. Mr Oresswell for applicant. There was no opposition offered by the Assignee His Honor asked the debtor a few questions relative to his bankruptcy, and then granted him his disoharge. ',' Mr Oresswell applied for disbursements /•-vbut ot pocket in connection with the present motion, the iisiignee declining to pay them, contending that £10 covered the whole expenses. He did not ask for oouu- *~--~ sel's fee, but for disbursement only. They amounted to under £2 and the Act provided that all disbursements should be paid out of the estate if there were any assets. His Honor said he never had an application made to him of that nature before. There was some discussion on thii subject, and his Honor thought the £10 covered the costs so far as the estate waß concerned ; other disbursements should be paid by the debtor. E. OBBKNAWAY. Application for discharge. ■Mr M'lean for the applicant. There was no opposition on the part of the creditors. The debtor waß asked a number of questions by hi< Honor. Ever since his bankruptcy he had been working as a journeyman baker. Order granted. j. F. BOWBS. - Application for discharge. '•Mr Diuwiddie for applicant. Debtor was questioned by his Honor, who said he noticed he had been acquitted ~" on two charges under the Bankruptcy Act,/ Hadhekent bookB? ' The Assignee said the debtor^haffplenty booke, but did not keep>harsrproperly. -His Honcirisu. ne had nothing before '*""■ him, except that there had been two oases against the debtor. There appeared to be come complications. The Assignee s«d that when he sent in his report he thought that the Chief Justice would be here to hear the case. He had heard the actions brought against the debtor before, and was acquainted with the whole bankruptcy. His Honor thought it best to adjourn the application until next session.

EBNBX NESBITT. Application for disoharge. Mr Oornford appeared for the bankrupt. ' No opposition was offered by the creditors. Bankrupt, in answer to questions, said he alwajs paid his gross takings into the bank, and looked upon his bank-book aa a oashbook. Ha did not keep a cash-book, not being aware that one was required. His Honor said the Act was very strict in regard to the keeping of books of the account. He had committed a breaoh of the Aot, but he would grant the disoharge, to be suspended, however, for three months

B. W. HUGHES. AppHoation for discharge. ** -». Mr Cresswell appeared for the debtor. \ There was no opposition off t red. His Honor remarked that the report was a very unfavorable one. -Mr Cresswell said that there was a certain amount of misfortune attached to the bankruptcy. The debtor went up country and took up land at an exorbitant price— land that would not keep a rabbit, let alone a man and his family. • . After a considerable number of ques.ions had been asked, his Honor granted the debtor Hb disoharge, provided he paid £18 (preferential claims) or his preferential oreditora agreed to his discharge. The Court then adjourned sine die.