GAOL FOR BANKRUPT

Hawke's Bay Tribune, Volume XVIII, Issue 47, 7 February 1928, Page 6

GAOL FOR BANKRUPT

protection of community RESPONSIBILITY FOR DEBT. "As I have always understood it ,the bankruptcy law is intended for the protection of unfortunate traders, and secondly, for the protection of the commercial community. The penal clauses of the Act are to prevent persons fr<>m misrepresenting their positions to traders." Such was the comment of Mr Wyvern Wilson. S.M.. at Hamilton when the proceedings against Samuel Mallett, aged 55, confectioner, if Taumarunui, were concluded on Friday afternoon. People had to be prevented from buying goods without reasonable prospects of paying, and living on tile proceeds, added Mr Wilson, who said ne was bound to take that into consideration. The primary duty of the Court’s jurisdiction was to protect the community. This was not the case of a muddling man who .'ot into trouble through mismanagement Defendant had been bankrupt before, and knew the serious consequences which might follow these proceedings, vet lie had not kept proper records of his transaction. When his business wns falling awav he took no steps to find out whether he was solvent, and had gone on giving orders to merchants. Obviously lie knew lhe consequences of bankruptcy when he had his books written up just prior to his bankruptcy. "It would be ridiculous for me to inflict a fine in this case. He is fifty-five years of ape aod does not need probation. The best course is to impose a short sentence. He :s sentenced to a month’ imprisonment on each of the three charges, the terms to be concurrent, ’’ added the Magistrate. The charges against Mallett were that he failed to keep proper books and contracted debts when lie had no reasonable prospects of paying them.