BANKRUPTCY.—Thursday.

New Zealand Herald, Volume XXI, Issue 7001, 25 April 1884, Page 3

BANKRUPTCY.—Thursday.

, [Before Mr. Justice Gillies.]

His Honor sat in bankruptcy jurisdiction this morniDg and disposed of the following buainess; —

Mr. Cave appeared for the Official Assignee. .

Re Frederick T. Hall.— Mr. C. F. Buddie applied for adjudicationupon the petition of a creditor on the ground of the debtor departing out of the colony with a view to " defeat or delay " his oreditors. This was the act of bankruptcy alleged to have been committed on the 29th of March.—His Honor said it would not be safe to make an order of adjudication upon the : mere fact of a man leaving the colony.' A man might forget to pay a debt, and be perfectly solvent. It was not the going away that was the act of bankruptcy, but the intention to. "defeat and delay."—Mr. Buddie : But there was nothing left in his house to satisfy the claims upon him.—His Honor : That is what the Court would wish to know—the circumstances under which the person left. It would be necessary to lay tbe facts and circumstances before the Court. You might furnish the necessary affidavits. The Registrar would be able to deal with the triplication.—Adjourned. Re James Gibson Hewson.—The bankrupt is a bush contractor, residing at Whangaroa. He had a large contract with Mr. Christie. He had expended £200 upon dams, and they failed him. It was through that failure chiefly that the bankruptcy was caused.—His Honor made the order, declaring that the bankrupt had passed his last examination. •

Rβ James Mears Spewok.—The bankrupt was a storekeeper at Whangarei. He bad furnished to the Official Aesignee a supplementary report. He had made a settlement , of certain property on hie wife, but he said that this was mortgaged, and afterwards absorbed in bis business. The bankruptcy was occasioned by the failure of tbe gumfields.. The receipts fell from £170 in October, to £57 in November, and to £22 in December. The indebtedness amounted to £757 3s 9d; assets, £89 7s 6d; deficiency, £667 16s 3d. There were six unsecured creditors, varying in amounts from £506 12s 6d to £15 7s. The bankrupt filed his petition on January 31, Ibß4. The.first meeting was called on the 13th of February, but neither on that; day nor on the next was there a quorum.—The bankrupt explained that in the first of the above months the instalments of a> mortgage were coming in. —Mr. Hall-cross-examined the debtor,, but nothing material was elicited.—His' Honor made an order-declaring, that the bankrupt had passed his last examination.: '.'- ;■■' Eβ Robert McVeagh (.Cambridge).— Thia was an adjourned hearing to make inquiry. The - Official Assignee ; and the opposing oreditors ■ withdrew their opposition.—His Honor made an'order declaring' that the bankrupt had* passed his public examination. "' < ■•■-■••■-' »v'j. i"v;' Be Alexander. ■MoAbthub,—Mr. Hesketh said that id this case there was tome question:as to the proper, person to make the application that the deed of composition be approved, That was. the only' matter on I

which the Court would hare to giro any opinion.—His Honor said, that If - the debtof had asked for. his : discharge h® could not make sach'.an.order without qualification.. He wo aid have been bound to express his (ease of the reckless , way-in which " the debtor had borrowed money in all directions. Hat he did not see why he should punish the creditors by refusing to allow' the composition in order to pnnish the debtor. It was certainly an extraordinary position to/ariae;bnt there appeared to be no help for it. This was a very bad case.—The deed of compofti* tion was approved.

; Bβ Hopkins Clark.—Mr. E. Hesbetbf applied that the deed of composition be approved.—Mr. Care said that the composition was 17s6d in the pound.—-Hi* Honor i That is a substantial composition.—Deed of com* position approved." . ■".•:"•