BANKRUPTCY COURT.

New Zealand Mail, Issue 1249, 6 February 1896, Page 35

BANKRUPTCY COURT.

(Before the Chief Justice.) His Honor took his seat upon the Bench at 10.30 am. yesterday. APPLICATIONS FOB DISCHARGE. Re Joseph Henry Burfoot, sign-painter.— Mr Hall appeared for the bankrupt. After the debtor had been examined by the Assignee, His Honor said the discharge would be granted contingently upon payment at the rate of 10s in the pound on the proved debts. These only amounted to >£lß. Re Walter Joseph Newton, electrician. —Mr C. Tringham appeared for the bankrupt. There was no opposition. In answer to His Honor, the debtor stated that he was now earning 30s a week in looking after the machinery of a laundry. A series of concerts which his son had given for witness' benefit had resulted in losses. He (bankrupt) had sustained a long series of misfortunes. The discharge was granted. Re llichard Bond, builder and contractor. —Mrs James appeared to oppose the discharge. She said the bankrupt owed her d£lG for rent and that he had removed his furniture from her hou3d without _ her knowledge. She understood the furniture was under a bill of sale. The bankrupt explained that the furniture was owned by his father-in-law and was under bill of sale to Mr Smart. The rent owing was only £8 10s, and the difference was made up of costs incurred by Mrs James suing him. Tho Assignee pointed out that £5 was put on for damage to the house. His Honor did not think the bankrupt wanted a discharge. If he took work at too low a rate he was not fit to be a contractor. The discharge was granted conditionally upon payment equal to 0s in the pound. In the case of Frances Ross, actress, there was no opposition, and the discharge was granted. Mr Skerrett appeared for the bankrupt. Re Frederick Edward Thomas, commercial traveller. —Mr Skerrett appeared for the bankrupt, and Mr A. 11. Atkinson for several opposing creditors. Mr B. C. Benner also appeared to oppose on behalf of 'lhompson Bros. The Assignee said the bankrupt had offered to pay <£so in monthly instalments, but the creditors wanted him to pay .£9O. It was a question whether the £SO should be accepted, as the debts were really those of his wife, in whose name a hotel business had been carried on for six months. Mr Skerrett explained that no misconduct was imputed or imputable to the bankrupt. He had a wife and five children and also his father to keep, and his salary was only £5 a week. Hir Honor thought an order to pay £SO within 12 months at not less than £1 a week would be sufficient. On this condition the discharge would be granted. Re Percy F. G. Mumford, canvassing agent. —Mr Hadfield (acting for Mr Baldwin) appeared for the bankrupt. There was no opposition. The bankrupt explained that he had been out of employment for some time and his creditors had been pressing him. An order was made for payment at the rate of 10s in the pound on proved debts amounting to .£22, and if this order is complied with the discharge will be granted at the end of six months.

Re Francis John Buck, milkman.—Mr Devine appeared in support of the application, and Mr Bunny appeared to oppose on behalf of the only creditor who had proved. The Assignee explained that Buck was an undischarged bankrupt under a previous bankruptcy. Mr Devine said the only proved creditor was a Mr Mcintosh, who had had Buck up at Court twice on judgment summons, and then put a distress warrant in his house, whereupon the bankrupt in self - defence filed. His previous bankruptcy had been owing to speculations. Mr Bunny said the bankrupt had really filed to escape payment of the .£ls he owed to Mr Mcintosh, and had spent about £6 in filing. His Honor said the discharge would be granted conditionally upon payment of 10s in tho pound on Mcintosh's claim. This amount with the expenses involved in coming to the Court would be equal to the full sum of the debt owing to Mcintosh. These small cases ought not to come before the Court at all. People ought to pay their debts. Rather than pay this <£ls the bankrupt had incurred all this extra expense. Re Joseph Fletcher Buller, draftsman. —Mr Bunny appeared for the bankrupt. The proved debts only amounted to .£29 15s Id. The bankrupt said he received £3 a week, but was only temporarily engaged ; deductions were made for absences from duty. An order was made for 10s in the pound on the proved debts. Re Ada Frances Mitchell, baker. —The Official Assignee said that had it not been that the bankrupt had acted under the influence of the manager of her business he would have had recourse to the criminal provisions of the Act as against the bankrupt. His Honor decided to suspend the discharge for three months.

'JL'tie discharge of Henry Ash-worth, carrier was granted. Re Charles Thomas Lewis Williams, compositor.—ln reply to questions, the bankrupt said two distress warrants had been issued against him, and lie was compelled to file. Ho had a wife and five children, and had been out of work for seven weeks. The discharge was granted. Re W. M. Woodhead, timber merchant.— Mr Skerrett appeared for the bankrupt, and Mr Treadwell for E. O. Smith, sawmiller. In answer to the Assignee, the bankrupt said he had promised to pay his creditors 15s in the pound, but the,, only payment he had made was 5s in the pound to Stratford and Blair, timber merchants, Greymouth. This payment, however, was made by mistake. The Assignee said the bankruptcy was suspicious. The losses had been ,£730 in 14 months in a timber business which ought at least to pay expenses, and the bankrupt had also between the time of making the offer to his creditors and the time of filing drawn out .£l3O to spend on his own private concerns. The bankrupt sad he had lost close upon £3OO in bad debts alone. When he made the offer to his creditors he had a promise of assistance from his friends, but when he was pushed and had to filed this promise was withdrawn. Mr Skerrett said the debtor at the present time was absolutely without means, and having no expectations either he could make no offer. To Mr Treadwell : Since the beginning of August he had drawn out of the business 31130, but he had paid in again .£3O. His private drawing&had been at the rate of £25 a month. To Mr Skerrett : He had been ill and absent from business for four months. On his return he triced dishonesty in connection with lime. 1° the Assignee : He would have filed mud. sooner had he not celied upon receiving t ue assistance promised by friends in Engi and « Tne application was adjourned till next sittings. It was

stated that the time allowed for proving debts against the estate has not yet expired. C. S. Greaves, dairyman, was granted his discharge. Mr Hindmarsh appeared for the bankrupt. ORDER ANNULLING BANKRUPTCY/. Re Chas. Collier, wool classer. —Sir R. Stout applied under section 136 of the Act for an order annulling |the bankruptcy. He said the debtor had made an affidavit that he had settled the claims of all his proved creditors. The creditors had all signed the acquittance. Order made a 3 asked. MOTION TO RESCIND ORDER. Re James Dunn. —Mr Hindmarsh, on behalf of James Duncan (a creditor), applied for an order rescinding an order of conditional discharge iu Dunn's estate, and in its place to have an order made under section 64 of the Act, that the bankrupt pay a sum towards the discharge of his debts provable under the bankruptcy. Mr Jellicoe, for the bankrupt, took certain formal objections, viz., that sufficient notice had not been given ; that no grounds for the motion had been stated ; and that no affidavit had been filed at all. His Honor considered the first two grounds of objection fatal, and therefore dismissed the application, but allowed no costs. ORDER OF RELEASE. Orders were made for the release of the Official Assignee from 42 insolvent estates wound up and administered. The Court then adjourned.