BANKRUPTCY COURT.

Evening Post, Volume LX, Issue 103, 29 October 1900, Page 6

BANKRUPTCY COURT.

« ; Mr. Justice Martin presided over a sitting, of the "Bankruptcy Court this morning APPLICATIONS FOR DISCHARGE. Elizabeth and Daniel M'Randall, boardinghousekeepers . applied for their discharge, which was unopposed. M'Randall, in reply to the Official Assignee, said that he had not collected any- book debts, and had no hope of ' doing so. An order of discharge was granted. In the case of George Johnston, commercial traveller, the Official Assignee said that bankrupt's wife had property of her own, and had promised to undertake her husband's liabilities, but a letter to that effect which he had been expecting had not come to hand. Mr. Luckie said the trade liabilities amounted to £242, and he was instructed that they were being settled in a manner satisfactory to the creditors. His Honour saw no reason for withholding the dischai-ge. If bankrupt was a,u honest man he would pay his debts. If he was not, the letter which the Assignee was expecting would not help the creditors. The discharge was accordingly granted. The application of IJohn O'Donnell, farmer, was, on the application of Mr. Dalziell, allowed to stand over ( until next sitting.. That of-R. E. Hornblow, auctioneer, was also further adjourned. A creditor in the estate of John M'Williams, contractor, who had threatened opposition, foiled to appear. Bankrupt was, on the application of Mr. Beers, given his discharge. T. F. Morley, storeman, was granted an unconditional discharge on Mr. Dalziel's application. In the case of G. H. Saddler, who was made bankrupt in 1886, Mr. J. P. Campbell said bankrupt had paid 3s 6d in the £. He was a, village settler north of Auckland, had ' a family of eleven children, and had a small holding of 40 acres in perpetual lease. Ah order of discharge was granted. ENFORCEMENT OF ORDERS. The Official Assignee raised the cjuestion of the enforcement of orders made in various .estates. The Audit Department was anxious to have the matter settled, and had instructed him to bring it before the Court. In the case of J. F. Johnston an order for discharge, had been made by the Court conditional on bankrupt paying £30 at the rate of £2 10s per month. Nothing had been paid,, but bankrupt was now willing to pay at the rate of 30s a month. i The Assignee asked the Court to vary the order accordingly. His Honour, doubted whether he had power to vary. The order of discharge had never been drawn up. When the man paid the sum ordered by the Court he would get his discharge, not before. The Assignee said that all the cases were on the same footing. Probably, his best course would be to apply to the Court for leave to issue a writ of execution. Could he make such an application now? ' s His Honour thought, not, without notice, i ' The Assignee enquired whether it 'was possible, in the event of execution, to attach wages? His Honour said he could not give advice on the point. The Assignee could set do,wn any motion he liked, and the matter could then come on for argument. The Assignee said he was somewhat at a disadvantage, being unable to employ counsel. His Honour said the theory of the matter' was that' the Court had investigated the bankrupt's agairs, and was satisfied that certain conditions justified his discharge. • He had npt satisfied those conditions and co\ild not get his discharge. The Assignee's remedy, appeared to be to move for issue of execution. In the meantime the debtor remained an undischarged. bankrupt. The -cases were accordingly struck off the list. The next sitting of the Court was fixed f6r the 10th December. ,