CRICKET.

Hawera & Normanby Star, Volume XX, Issue 2432, 20 May 1893, Page 3

CRICKET.

THE AUSTRALIANS IN ENGLAND. (PER PRESS ASSOCIATION.) LONDON, May 19. The first inniogs of tbe Australians cloeea for 248— Brnoe 37 Conmngham ... ... ... ... 46 Bain interfered with the play. Id their second inning the Australians have aoored 151 -without the loss of a wicket. Lyons, not out, 120

(Continued from page 2.) Ca, which I paid into the Back of New Zealand fot the purpose of meeting MoAithor and Co.'s writ issued against roe. .This necessitated a payment of £46 6s 6cT. When I drew the cheque, I intended placing amount to the trust account at the Bank of New Zealand, but subsequently, on my return from Wellington, where I found my creditors would not accept my offer of 10b in the £, I repaid O'Connell £42 on account of my indebted* ness to him and retained the balance {£1 18s sd) myself. My reason for repaying O'Connell was that he had helped me in my difficulties, and I was averse to his suffering at my hands. As a matter of fact, I really paid him, for tbe reason stated, in preference to my other creditors; This is the only payment of a like nature which I have made. . . • The following statement will explain the cause of my insolvency : — Loss in the purchase of the business from Hawke for £1000, £300 ; loss in valuation upon selling to Scott, comparing the amount awarded with the Stock-taking on 6th February, 1893, £318 ; loss in purchase and additions to dwellinghouse, £30 ; loss by bad debts, £60 ; outstanding private debts prior to entering business, £175 ; household and private expenses, <£295; insurance, £25; charges, £184; rent, £75; freight, £76; stamps, £15; wages, £123 ;— £1726. In earrendering my property as I have done, I have left myself completely destitute, and have a wife and five young ohildren to provide for." A sworn statement by Wm. John Tristram, bookkeeper to bankrupt for some time, was read to the effect that he believed that while he was with Mr Fairs the books were properly kept. A sworn statement by Mrs Fairs was also read, in which tbe following questions and answers were included :—": — " For what purpose did you advance tbe said sum to yonr husband ? — I advanced tbe said sum to my basband unreservedly for any purpose he thought fit; but at the time I lent the money I understood that he contemplated putting it into business. I Should have let him have the money for &ny" pOi?poSfli" " When your husband bought the stationery business previously «ried on by O. O. Hawke, were you fcfied that your money (£1000) should utilised for that purpose ?— Yes ; I was perfectlj satisfied tbat the money should be utilised for tbat purpose. I sauotioaciT my^.uibj ! rifl-'B-"bofing''Ha"wke I 8I 8 business, ~BuT; I cannot say whether or not my eanotion was given before the deposit waa made." The Deputy Offioial Assignee said be had ascertained that the debt on the honse was £334. He stated also that Mrs Fairs had tendered a proof of debt for £1000, but he had after consideration rejected it as legally inadmissible. In addition to the payment to Mr O'Connell, which was glaringly preferential, there were several other payments whioh he believed were preferential, and would have to be refanded". Mr Major said he was assured, on the very highest legal authority that Mrs Fairß' proof must be admitted ; and as to the merits of the case he had no doubt that it would be abominable conduct on the part of tbe creditors were they to band themselves together to deprive her of her dividend. He used strong language, he knew, but it would be tbe action of a band of thieves. . Tbe Assignee said his sympathies were with Mrs Fairs, but his action was simply a matter of interpretation of the law. ln answer to questions, bankrupt admitted that he had started owing £170 or £200, and that he had borrowed another £1000; there was no valuation when he bought Hawke out ; he bad not paid everything by cheque ; tbe books had not recently been made up to inolude transactions for months past. Mr Matthews applied for the grant of such of bankrupt's furniture as was not protected to him by law. Mr Sutton moved, and Mr Smart seconded, tbat the balance of the furniture be given to Mrs Fairs. Agreed to. A considerable amount of desultory conversation occurred on complaints by Mr Cook tbat since tbe business was sold about £200 had disappeared, and had not been accounted for. It transpired tbat £50 deposit, on sale of tbe business, was in the hands of Mr Budge, of which Mr Budge olaimed commission on tbe sale of the business. This would probably amount to £35. Jfr Budge said he had Bpeoially noted tmh matter, and had i&tonded to bring it before the creditors, but when opening proceedings it slipped his attention. Eventually Mr Matthews applied for an allowance to debtor for the support of bis family until the estate was wound up, or until Mr Fairs' services were no longer tequiredi After discussion Mr Parkinson moved that debtor be allowed £2 10s per week for tbree W6eks, it having been stated by the assignee that would be the time for Which be wouid require Mr Fairs. Mr Major seconded. Mr Cook aaid he was instructed by the Wellington creditors to oppose anything of the sort, and if ie were granted the court would be moved to disallow it. Mr Parkinson said that the debtor had been very foolish and very unfair in his preferential payments, but the circumstances of the family must be looked at. The rate waß reasonable and tbe term short; if tbe Wellington oreditors chose to apply to the court they must do so. Mr Cook said tbe Wellington creditors btlieved there must be money somewhere. Debtor said he had do money whatever. Motion agreed to. Mr Cook then moved by one proxy and seconded by another that the debtor be subjected to publio examination, and tbat a solioitor be engaged to presß tbe penal clauses of tbe Act on account of fraudulent preferential payments, proper books not having been kept, and full statement of affairs not having been made. After discussion, in which tho terms of the motion were objected to, it was amended so as to refer only to tbe publio examination, and in that form it was agreed to without dissent. The assignee was instructed to have the bouse. property offered for sale by auction. The meeting adjourned.