DISTRICT COURT.

South Canterbury Times, Issue 4597, 17 January 1888, Page 3

DISTRICT COURT.

TIMARU Tuesday, Jan. 17m (Before His Honor Judge Broad.) ADMINISTRATION AND PROBATE. Letters of administration were ordered to issue in the estates of the following deceased: Susannah Mee (Mr Perry) ; Elias Copp (Mr Perry). Probate was granted in re Michael Burke (Mr Clements) deceased. IN BANKRUPTCY. C. H. Reid, bankrupt, appeared for public examination. Mr Tosswill for the bankrupt, Mr White for certain creditors. —■ Macgregor, clerk to the Official Assignee, gave evidence as to the state of the books in the estate. He considered it was impossible to judge of the state of the debtor’s affairs for the last six years, from an inspection of the books. No cash book had been kept, only a cheque book and pass-book. 0. H. Reid repeated the evidence already given by him. He said he had given up his books to the Official Assignee. Since filing ho had given £2 to his solicitor (Mr Tosswill.) He went to Dunedin and Christchurch to attend the races, and there invested money; how much exactly he could rot s-y. The boy kept his books, and his ledger showed the accounts paid and duo by him, Mr White asked His Honour to exercise the summary powers vested in him (under Clause 171 of the Act, sub-sections 2,3, 4, 7,9) and submitted that carelessness and extravagance had been shown by the bankrupt. Mr Tosswill submitted that nothing serious had been disclosed against the debtor. He had paid money by cheque and the cheque and passbook showed these payments. He deprecated so much being made of the bankrupt’s attendance at the races, and his investments in the totalisator. It was not a monstrous crime, and counsel submitted that there was nothing to justify any summary action.

His Honor said he could not see that any subsection except 4 exactly applied to this case. The mere fact of the bankrupt continuing to trade after he knew he was insolvent would hardly warrant his being committed. The failure to keep books had been held not to be punishable unless it was premeditated. In this case His Honor was not sure whether (though the books had been badly kept) the accounts, the bankbook, &0., would not if examined have disclosed the state of the bankrupt’s affairs. The debtors and creditors in the estate too, if examined might have shown the state of the business Though giving the debtor the benefit of such doubt ns appeared to exist, he could still exercise the powers conferred upon him by section 157. He should defer action till next sitting of the court,when the debtor would apply for his discharge. The present examintion would now be declared closed. Mr Tosswill asked that the bankrupt’s costs be granted him. Mr White strongly opposed. _ His Honor reserved his decision until the next sitting of the court. Re Michael Maze, a bankrupt; public examination.

Mr Hay for the deputy official assignee, Mr White for the bankrupt. Mr White objected that due notice had not been given of the intention to examine. Mr Hay said the bankrupt had been duly notified and he did not think the objection came with grace from the bankrupt. His Honor agreed, but said he was bound to consider the objection. The creditors certainly had a right to receive due notice of the examination

Mr White held that there should be no adjournment. The act did not provide for any adjournment. His Honor adjourned the examination till next sitting and ordered that due notice should be sent to the creditors. Re Thomas Farrell. Mr Hay for the Deputy Official assignee, Mr White for R. R. Taylor. This was an adjourned application by the Official Assignee to compel B. R. Taylor to recoup to the estate £74 3s 4d held by him. Mr White objected that the Deputy Official Assignee had no status. The Official Assignee, not his deputy, must make applications of this kind, for in him was vested the estate.

Mr Hay combatted this and thought a more formal amendment would suffice.

The point was discussed very fully. Fnally His Honor dismissed the application with costs, and solicitor’s fee £3 3s