BANKRUPTCY COURT.

Taranaki Herald, Volume XXXVI, Issue 7376, 20 May 1887, Page 2

BANKRUPTCY COURT.

'huesday, May 19. — Refore Mr. District Judge Rawson. EXAMINATION OF W. R. TREMAIN — Oviltd. [Continued from yesterday.'] The Bankrupt continued: la the first [uarter of 1886, (months ot' January, Febuary, and March,) my wa°;es were not ;45 18s. 6d., according to the pay-sheet if the Harbour Board. I deny that statonent. It is false altogether; and I can >rove it. I mean that my wages did not iraount to that sum; there waß overtime n that quarter. The £33 stated in the >resßnt year's pay-sheets must be correct. \ am not prepared to make any offer to ,he creditors now. Mr. Govett pointed out that the bankrupt was quite prepared to admit the paymeets as being correct. But ho (Mr. 3ovett) wanted the Assignee to elect sither to proceed with the punishment ausiness or reparation to the creditors — jae way or the other. His Honor: I have no jurisdiction at this atasje to make an order to pay. Mr. Govett replied that the bankiupt was quite willing to pay 15s. per week as stated at the outset, but the Assignee should decide to go on with the punishment or reparation. He (Mr. Govett) would advise the debtor not to pay unless the Assignee decided one way or the other. Mr. Corkill said he left the matter in the hands of: the Court. 3e called the bankrupt so that he might be examined. His evidence was before the Court. His Honor: The point seems to be whether the bankrupt is to pay 15s per week, or the withdrawal of the application for punishment for extravagant living. The Court might take the latter view of the case, but you (Mr. Govett) will first have the opportunity to re-examine. Mr. Corkill: There is nothing in the offer. Mr. Govett: If there is nothing in it, why does the Assignee refer to it ? Mr. Corkill said he was quite willing to stand by it if the offer was made. Mr. Govett : Then we are quite prepared to take the risk on the punishment clause. Hia Honor remarked that whether there was any risk or not, he should punish the bankrupt if he thought he cauue within the clause. Bis Honor thpn proceeded to quote the Baukruptcy Act in regard to imprisonment for extravagant living, &c. Air. Corkill then applied for an adjournment of the examination, so that it might n.ot t>e closed, and the bankrupt could, if the Court thought fit, be brought up foe future examination Mr. Goeett proceeded to re-examine the debtor, who deposed : When I bought the [section I told Mr. King that I had no money. I was given to understand that it was Mr. Kiag'a own land. Mr. King arranged the mortgage. I spent over £13C over and above the mortgage. I lined the house, built a stable, pigetye, and planted shelter trees. The furniture could be bought for under £5. In fact, when the Assignee went out ho expressed regret that he had come out to see it. (Mr, Corkill : I Baid I was fully satisfied that it was under £25.) During the past five years I have been a total abstainer. I may have gone into a hotel with a friend, but J have not drunk anything. I found, in the event of the works stopping, that I could not keep my. seven children in town, so I looked übout for a place. His Honor then proceeded to comment at considerable length upon the affairs of the bankrupt, and said thatiE he (Tiremain) could not keep out of debt upon 9s. a day — regular pay — and probably never expect to earn any more, what did he expect to become of him, when there were thousands of laborers bringing up as large families as Treinain's, and honorably paying their way. Many of the substantial men of the colony have done so, and wero now in a position to spend pounds a day. But if people will not livo within iheir means what could they expect but poverty, and how could they succeed ? Besides, it was dishonest, such a man partly lived upon the industry of others against their will, and virtually robbed them. Some of the creditors were very foolish to give him so much credit, he got regular pay and they should have insisted upon regular monthly payments. It under such circumstances he could not pay regularly, how could they expect him to pay eventually in full, when evidently running into debt. His Honor then granted the adjournment sine die and warned the debtor that if he did not contribute irom his earnings he should consider the imprisonment cluuses when up for his final examination. IN BE JOHN GILMOUB. Mr. H. R. Richmond moved for an order of discharge in the Bankruptcy of John Gilmour. The Deputy Official Assignee reported favourably of the proceediugs, und presented the resolution of the meeting ot creditors recommending the bankrupt's' immediate discharge. His Honor made theorder as applied for.