BANKRUPTCY BREACHES

Sun (Auckland), Volume III, Issue 664, 16 May 1929, Page 7

BANKRUPTCY BREACHES

LENIENCY FOR FATHER OF FIVE MAGISTRATE’S WARNING On account of the hardship his imprisonment would mean for his wife and five children, lan Mathieson Nairn was admitted to probation for a term of two years following his conviction on charges of committing breaches of the Bankruptcy Act. Nairn was charged at the Police Court this morning with failing to keep proper books and contracting three debts of £125, £25 and £2OO without any reasonable prospect of paying them. Mr. V. N. Hubble prosecuted for the Crown and Mr. Bryce Hart appeared for defendant, entering a plea of guilty.

According to Mr. Hubble, Nairn, with £ 120 capital, had launched out in business in July, 1927, running service cars between Auckland, Te Aroha and Walhi. He had ceased business in January, 1928, and filed in bankruptcy six months afterward. His proved debts were then £l,lOO and his assets non-existent. The cars had been seized and the. creditors got nothing. He had obtained various loans that were to have helped the business. Mr. .F. K. Hunt, S.M.: Did the money go into the business, or was it spent in fast living? Mr. Hubble: l think in the business. It is thought that his drawings were rather high, but there is no way of telling. At the meeting of creditors it was suggested that the case be put in the hands of the Crown solicitor. Mr. Hart: That is so, but there was no seconder for the motion. Mr. Hubble admitted that to be true, but said that the official assignee had decided to take action on his own account. “In similar cases it has been the custom to impose a short term of imprisonment,” continued counsel. “The only difference in this case is that Nairn has a wife and five young children, all under six y r ears of age. It is suggested that he is not looking after them as "well as he might. He says his maintenances has been provided regularly, but he is not living with his wife at present. Mr. Hart assured the court that Nairn’s wife had collected her £3 maintenance unfailingly each week. Nairn was now in steady employment and was a good worker. Mr. Hunt; He is certainly no good on his own. The magistrate admitted Nairn to probation on the condition that lie lived with his family and took proper care of them. “Any breach and bring him up to get three months on this charge,” he said to the probation j officer. ‘’Don’t worry about the Destitute Persons’ Act.’*