ENTERTAINMENT AT GREEN ISLAND.

Otago Daily Times, Issue 9137, 9 June 1891, Page 4

ENTERTAINMENT AT GREEN ISLAND.

A most enjoyable entertainment was given by the Ole Kentucky Minstrels in the Volunteer Hall, Green Island, on Friday last in aid of a gymnasium and social club which it is proposed to start in the district. The hall was well filled, and those who attended had no reason to grnmble at the amusement provided, as the programme, which was a very lengthy and varied one, was gone through without a bitch. The first part opened by an orchestral selection, and was followedbyamedley and songs from Messrs Day, Dickie, Dallas, M'Lean, Stephenson, Christie, and Bel). The second part was also opened by a selection from the orchestra. Immediately on the rise of the curtain Mr Lee Smith gave a very appropriate speech, advising all the lads who could to take advantage of the proposed club, as by doing so they would get more good physically and mentally than they would by loafing about the street corners. He instanced the South Dunedin Club, but, as it had only recently started, could not give any opinion with reference to the actual amount of good accomplished. But even now a difference was noticeable in the manners and conduct of the boys attending it, and he had hopes that a vast amount of good would be done; that the lads there would ba able to become better workmen, better citizens, and more capable of exercising the privileges which the franchise entitled them to.—(Applause.) The second part was more varied than the first, and most of those who sang in the first part contributed items. There was also a banjo duet by Messrs Gouldie and Brown; and a long shoe dance and song by Messrs Dalian, Gouldie, and M'Lean. Mr Dickie's ventriloquial item was much appreciated. A very laughable farcu, in which Messrs M'Lean, Dallas, aud Stepheneon took part, brought the entertaimeut to a close. Those who nre promoting the proposed club desire to thank the Ole Kentucky Minstrels for the very varied bill of face they provided, and also Mr Lee Smith for his address.

You cannot always expect to be merry, unless you defy the advance of time and restore your gray hair to its early colour and gloss with Mrs S. A. Allen's World's Hair Restorer.

SUPREME OOUET,

IN BANKRUPTCY.

Monday, June 8 (Before His Honor Mr Justico Williams.) BE THOMAS 13, BUSH. On the motion of Mr Meatyard an order was made dosing the bankruptcy in this estate and appointing the 6th July as the date for application for order of discharge. BE JOHN FABQIB, Motion for order of discharge. Me Meatyard appeared on behalf of the bankrupt in support of the motion. His Honor inquired what the debt of £60 to W. Brown and Go, was. The Official Assignee^believed it was for some back rent. His Honor observed that there was also a claim for wages. The Assignee said that was due to the bankrupt's daughter, and he thought there would be enough to pay that olaim. It was ipartly preferential. Mr Meatjaid remarked that there would be no difficulty about that olaim. His Honor: I see that the principal business oreditors were present at the meeting and recommended that bankrupt should have his furniture, and also that they recommended him Cor discharge. The Assignee said that Mr Brown, who was not present at the meeting, had not given him notice of opposition in any way. Order of discharge granted. BD HENBY LAWSON JOHNSON. Motion for order of discharge. Mr Bathgate appeared on betalf of the bankrupt in support of the mofcioD. His Honor, after perusing the statement, remarked that there were no assets at all. The Assignee said there was £18, represented by a buggy and harness. Mr Donald Reid, the secured creditor, had spoken to him favourably about the bankrupt, whose failure he attributed to miscalculations and misjudgment. Mr Batbgate said that the bankrupt had made an unfortunate speculation in pigs—among which disease had broken out, with the result that a great many died off—and he was also unfortunate enough to " do " a little in Nenthom mines. His Honor: Yes, whsn ho had no capital of his own. Mr Bathgate said the bankrupt had a little capital, obtained from his father, at the time. Mr Johnson made an endeavour to get a discharge from his creditors when he found there was no likelihood of obtaining farther assistance from his father, and all were inclined to accede but the Farmers' Agency Company, who seemed to think that the bankrupt's father would not allow things to go to an extremity. However, when the bankrupt filed, Mr Grindley, who represented the Farmers' Agency, attended the meeting and seconded the proposition recommending the bankrupt for discbarge, which was moved by the largest creditor, Mr Melland. His Honor: I see that creditors representing £1800 out of £2100 recommended the bankrupt's discharge. The bankrupt comes to the court with unsecured debts to the amount of £2100 and with practically do assets or pretence of assets. The debts are the results of losses in a farming business, and to some extent of losses in mining speculations. That state of things is sufficient to show that the bankrupt has been recklees—— Mr Batbgate: If your Honor will pardoa me for one minute, there is one fact which has not come before your Honor's knowledge, but which I think it ia desirable your Honor should know, and that is that just before Mr Johnson went Home to endeavour to make arrangements with his father his available assets were reduced by £1400, and his position was improved by that amount. Hib Honor: How do you mean? Mr Batbgate said that a number of assets were realised and the liabilities were considerably reduced. It was at the wish of some of his creditors that the bankrupt went Home, and he fully expected further assistance from his father. His Honor; It is desirable, Mr Bathgate, to put the whole statement bafore the court in the first instance and not to interrupt the judge in the middle of a sentence. However, I am perfectly willing ,to hear Mr Johnson in any explanation he wishes to give, if yon wish to put him into the box. Mr Bathgate said he did not know that he need take up his Honor's time. His Honor: What I understand you to say is that before the bankrupt went Home there were assets which he then realised and distributed to some extent among his creditors. Mr Batbgate replied in the affirmative, and said tbat wages, harvesting expenses, and matters of that kind were paid, and creditors who were entitled to receive money from the proceeds of those assets received it. His Honor: What was the amount of stock realised ? Mr Bathgate said that apparently £1400 in all was paid. That included the costs of some litigation. Some pressing claims were paid, but tho3e that could stand were allowed to Btand. He might explain that the loss upon the pigs extended over a considerable period prior to this, and that the mining losses were not made immediately before the bankrupt went Home. His Honor: What I was going on to say when Mr Batbgate interposed, was that the statement of assets and liabilities, which was filed and which showed £3100 of unsecured debts and practically no assets or pretence of assets, was prima facie sufficient to show that the bankrupt in carrying on his business had been carrying it on recklessly and without regard to the proper interests of his creditors. The explanation that Mr Bathgate has given, as I understand, is this: That Mr Johnson went Home some months ago to see his father, and to see if his father would help him to pay his debts, and that at that time he had some £1400 of assets which were realised, and which were in some way or other distributed among his creditors. No doubt the peculiar relations of the bankrupt and his father—the bankrupt hoping, the creditors apparently also hoping, that the father would supply him with funds—distinguish the present case from many cases of the same kind. No doubt also the fact that out of the total number of creditors, whose debts amounted in all to £2100, creditors to the amount of £1800 raise no objection at all to the bankrupt's discharge, but are willing that he should have an immediate discharge, is to my mind quite sufficient to show that at any rate the bankrupt has not been guilty of any conduct that is not straightforward. That, I think, is plain. The assignee's report says that also, and the concurrence of the creditors in the bankrupt's application for discharge satisfies me that it is the case. If the bankrupt has been guilty of misconduct, it is simply that he has carried on a business for which he is unfitted and that he has carried on that business for a considerable time at the expense, practically, of his creditors. lam not at all satisfied, however, that it i 3 a case where an immediate discharge ought to be granted. It certainly does appear to me quite wrong for the bankrupt not to have called his creditors together at a much earlier stage. When he found that he was making losses he should have pulled up short and not have let his creditors in to the large extent he has let them. No doubt creditors to the amount of £1800 out of £2100 raise no objection to the discharge, bat when a man comes bsfore the court without assets and with such large debts I think, notwithstanding that such a large majority of the creditors offer no objection to the man's discharge, that the court should not grant an immediate discharge, though under the circumstances the period of suspension should be short. The order of .discharge will be suspended for 6ix months. HE GEORGB EDTTIN DUNCAN, Motion for order of discharge. Mr J. Macgregor appeared, on behalf of the bankrupt, in support of the motion. In reply to his HoDor, The Assignee Btated that the bankrupt was employed in a drapery establishment at a salary of £4 a week. He had a sick wife and four children, and was obliged, to keep a servant in consequence of bis wife's health. The bankrupt had a sum of £500 before he entered into some mining speculations. His Honor: I see that all the creditors except Dr Fergusson, who was not present at the meeting, and except the mining companies, have assented to his discharge. The Assignee: Yes, and they spoke highly of his personal character. His Honor: As when the bankrupt entered into these speculations he had a considerable amount of money of his own, and as all the creditors except the companies (who are creditors for calls) have assented to the order of discharge, I do not think there is sufficient cause for suspending it. The order of discharge will be made.

EB BENJAMIN CHAPMAN CALVEELEY. Motion for order of discharge. Mr Sidey appeared, on behalf of the bankrupt, in support of the motion. His Honor asked what a large debt o£ £558 wae. The Assignee replied that that was the deficiency on a mortgage. Mr Sidey stated that the mortgagee had foreclosed, sold the security for £50, and afterwards sued for the balauce. The Assignee said he understood the property was valued at £900, was Bold through the registrar for a nominal sum, and was afterwards ofiered, the bankrupt stated, for £800; so that practically the mortgage had baen paid, though there might be a legal claim. His Honor: I think the cause of the bankruptcy is perfectly plain—depreciation in the value of property. These properties of the bankrupt's were under mortgage, and the presumption is that at the time of the mortgage the mortgagee would ccc that the security was sufficient. Owing to the depreciation of the property the security has become insufficient, aud hence the difficulty. I see no reason why the order of discbarge should be withheld. Order of discharge made. RE ISAAC BENJAMIN. Motion for order of discharge. It was agreed that this matter should stand over.

BE PING QUONG AND RE AH SUE TU. Motion tor order of discharge. Mr Salomon npposred on behalf of the bankrupts in support of the motion. The Assignee mid that the bankrupts were in a port of Chinese partnership with two or three other people, one of whom wi-nt away, and another wbb bought out by a man named Ah Wong, who filed. To the astonishment ofebe bankrupts claims were then made on them for accounts, for the payment of which Ah Wong had re-

ceived money from them. When Ah Wang filed dr he did not deny the statement that he had co money handed over to him by these people to re pay their accounts. He did not pay the ac- be counts, however, and the consequence was that these unfortunate men were driven into bank- w] ruptoy. While the whole of the people in the neighbourhood told him (the assignee) that , these were thoroughly straightforward, honest men, they gave the other youDg man (Ah Wong) a very different oharaoter, notwithstanding that le had a knowledge of English. Praotioally the bankrupts' liabilities were liabilities of Ah Wong's and not of theirs. The garden which the men were working oooupied some 18 acres, 6" and was divided up batween them in a Chinese in fashion, on the understanding that each was to work his own part, y. His Honor: Each of these two has put down j n the same debts. They treat each other as D , partners. * The Assignee: Yes; they knew nothing about ; c Ah Wong, and they were told that they were legally liable, as they were working in a sort of 0 , partnership. They were not their debts at all, but Ah Wong's. t] Mr Solomon remarked that when Ah Wong D filed his creditors thought they had a right of c action against the other Chinamen. The whole tl of the creditors were now perfeotly satisfied tl that these men were innocent, and a resolution c was passed recommending them for discharge. a Mr Fraser, who represented a firm of creditors, a said that he understood that the money that ought to have been paid to his clients was paid •} to Ah Wong. Mr Solomon said tljat the bankrupts were not liable for all the schedule debts, but only for about J650. The others were Ah Wong's separate debts. His Honor: You have satisfied yourself of this, have you, Mr Ashcrof t ? The Assignee said he had done so as far as possible. An order of discharge wa« made. BE HENRI BOX. . Motion for order of discharge. Mr James appeared on behalf of tha bankrupt in support of the motion. His Honor remarked that the bankrupt's debts appeared to be old debts. The Assignee said they were, chiefly. An order of discharge was made. EE THOMAS LBAN. Creditors' petition for adjudication. Mr Fraser appeared on behalf of the petitioning creditors, Messrs Donald Reid and Co., and Mr Solomon appeared, on behalf of the bankrupt, to oppose. Mr Fraser read the petition, which alleged as an act of bankruptcy that the debtor had, with the intention of defeating and delaying his creditors, departed from his dwelling house, and absented himself from his usual place of business and residence. The debtor, learned counsel said, was a butcher at Port Chalmers, and ran up debts of £200 to £300 with various stock agents. He then shut up shop, and wrote his creditors a letter to the effect that oa account of misfortune and bad debts he desired time to settle his liabilities. After that he came up to town and saw some of his creditors, to whom he said that he was going rabbiting, but they told him that would not de. From that day to this he had disappeared. The debtor, he understood, had been realising his book debts. Mr Solomon: He ha 3 not realised a shilling on them. Every shilling is available. ' Mr Fraser (continuing) said that in reply to the debtor's letter of March 5, his creditors— whose claims aggregated some £230—wrote to him on April 6 a letter, to which no reply had been received, asking for explicit information as to how he proposed to liquidate his debts. The following evidence was led :— Donald Henderson deposed that since March last the debtor had been indebted to Donald Reid and Co. in. the sum of £59 12s 9d, for cattle sold to him and utilised in his business. James A. Johnstone, of the firm of Wright, iStephensoa, and Co., stated that Lean called on him on the 28th March. Lean informed him then that he was unable to carry on business, that he was being pressed, and asked him if the firm intended to push him for the amount of £45 18s 9d which he then owed them. He promised to let witness have a statement of his affairs, but witness had not heard from him or eeen him from that day to this. Lean told witness at the interview that he expected his book debts, together with the proceeds of a rabbiting contract, would be sufficient for him to pay his creditors. By Mr Solomon: Lean said that he was going to have his book debts collected in order to pay his creditors, and witness asked who was to receive them. Alexander George Christophers, solicitor's clerk, deposed that be visited Fort Chalmers on the 12th May to make inquiries about Thomas Lean on behalf of Donald Reid and Co. He found that Lean's premises were closed, and he could obtain no information respecting him. This closed the case for the petitioning creditors. ' Mr Solomon ridiculed the statement that the debtor left Fort Chalmers with the intention of defeating and delaying his creditors, and said that he went away with' the lawful object of obtaining money to pay his debts. The debtor, moreover, was in his father's house iv Fort Chalmers before and at the time the petition was isßned, and either a day or two days before the issue of the petition he told Mr Grindley that he had placed his book debts in the hands of a solicitor for collection. He called John Grindley, manager of the Farmers' Agency Company, who deposed that Lean was indebted to his company for about £100. He remembered having a conversation with Lean about the end of March. He told witness that he had stopped business because he could not make it pay, and he said he was going rabbiting Blueskin way to make money to pay hie debts. He vaid he was getting his book debts collected by somebody at Fort Chalmers. Witness objected to that, and told him that his creditors should appoint someone to receive bis book debts. On the 25th May witness again saw Lean and " stuck him up " about his account, telling him that he (witness) thought he was treating his creditors very badly. Lean said he had been away rabbiting, but could make no money at that, and hoped that some of them would give him work to enable him to pay his debts. He told witness that his bcok debts were being collected by Mr Solomon. Witness wrote to Mr Reid next day telling him that the book debts were being collected by Mr Solomon. By Mr Fraser: Witness signed the petition in this case. He never saw or heard of Lean from the end of March till the 25th May. Thomas Lean deposed that he was a native of Fort Chalmers, and had lived there all his life with his father. He was 29 years of age. Witness and his brother had a butcher's shop at Fort Chalmers; but his brother died, and witness did not know anything about business, and could not make it pay. He told Mr Reid, Mr Johnstone, and Mr Grindley that he was going rabbiting to get money to pay his debts. They made no objection to his going rabbiting. He told them he was going to Blueskin. He went rabbiting to Blueskin for about two months.. Since his return he had been living at Sawyers' Bay. He had not collected a shilling of his book debts since he gave up business. By Mr Frsser: When he left off basiness he had liabilities of about £230, and he had book debts amounting to £140. Witness owned a racsr—Smuggler—before he stopped business, but sold him seven or eight months ago to the man who was working for him for £6 10s. Ha did not know how much he owed altogether, but the amount was not £300. His Honor said: The natural effect of doing what the debtor did would be to delay the creditors, though it might not have the effect of defeating them. That, however, is not sufficient to constitute an act of bankruptcy unless it appears that the intention of the debtor in doing what he did was to delay his creditors. In the present case I think that has been sufficiently proved. It is true that the debtor, before he went rabbiting, told his creditors that he had stopped business, and told them also that he intended to go rabbiting. He says that he told them that he was going rabbiting to Blueskin. All those, however, of the creditors who were called say he simply mentioned that he was going rabbiting dr that he was going up-country. Being, therefore, largely indebted, he goes away without leaving an address, and when he returns he does not communicate with his creditors. It is only by accident that one of his creditors meets him in the street and speaks to him. As I have said, the natural consequence of doing what the debtor did was to delay" his creditors, because when a man is out of the way and has left his place of business, there is difficulty, if a creditor wishes to issue a process against him, in serving him, and there is no means, if a debtor is out of the way, of bringing him to book. As I have said the mere fact of the creditors being delayed, or that they might be delayed, is not of it3elf sufficient to impute the intention of delay to the debtor, but in the present case there is the further circumstance that when the debtor was away hip creditors wrote him, and he received this letter and took no notice of it whatever. The letter is the letter of the 6th April, and the creditors ask for explicit information as to how he proposes to liquidate his debts, and wish to know in whoso care the moneys are to be placed that are collected from the book debts. This letter the debtor, being away from his place of business, did not answer, though he admits that he received it. It is dated the 6th April, he came back on the 25th May, he did not answer it at all in the meantime, and he took no steps after the 25th May to communicate with his creditors in answer to it. I think it is a reasonable conclusion, from the whole conduce of the debtor, that there was the intention in his mind to put off his creditors from the immediate prosecution of their claims. That, in my opinion, is a sufficient act of bankruptcy. There will be an order of adjudication accordingly, RELEASING ORDERS. On the motion of Mr Solomon, an order wgs made releasing the assignee, under section 178 of the Bankruptcy Act, in 83 estates. HE THE VICTORIA QUARTZ MINING COMPANY (LIMITED), AND RE TIIE BREAK -O' - DAY QUARTZ MINING COMPANY (LIMITED). Motion for the Back of New Zealand to prove its claim, j Mt F. R, Chapman appeared on. behalf of the { Bank of Now" Zealand, Sir Robert Stout j { appeared on bohnlf of certain shareholders, and !Mr Solomon appeared ou behalf of the liquii dator. j This was a motion contesting the claim of the Bank of New Zealand on this estate, npon the ' grounds that the bank's claim was for an over-

draft j that by the Companies Act the company could not borrow money except by special resolution; and that suah resolution had not been obtained in the present case. Argument was not concluded at 5.20 p.m.! when the court rose.