DISTRICT COURT—In Bankruptcy.

Taranaki Herald, Volume XXXVII, Issue 8245, 18 August 1888, Page 2

DISTRICT COURT— In Bankruptcy.

Friday, August 17.— Before .His. Hoaor Mr Dißtriot Judge Rawson. PUBLIC BXAMIKATION. _ Esau Marsh appeared for public examination. The Assignee was in attendance to conduct, and Mr Richmond appeared for the bankrupt. The Assignee stated that in this estate there were £325 unsecured debts, and £32 10s assets, whioh latter were virtually nil, as meat of them were proteoted. At a meeting of oreditors it was elicited that a number of aesets nominally belonged to bankrupt's children, who were uuder ago, ond the laud oa whioh they lived belonged to his wife, who also owned other effects. The creditors stated they were induoed to givo credit understanding tb»t Mirth bud ,

some stake in the place -where they lired, and tLat thby had always been led to believe so. There were creditors in Court, and they could examine bankrupt on any points they liked. Messrs Harris Ford, H. Joll, and G. Tatton were the oreditors in Court. Esuu Marsh stated that he had been livinsr at Waihi for five years. He became indebted to Humphries & Son for the sum of £202 10s, on account of the failure of his crops. That firm had made advances of goods to him on his caope, which chiefly wheat and potatoes. He had two bad crops. He mortgmrod his crops last year in anticipation to Little & Co., of Sentry Mill, for flour and other things. He farmed 200 acres, all open land . He had about 30 acres under tillage, but never more. He made a loss of £200 on such a small area in two years apparently, for he could not have done it any other way. The laud belonged to his wife. There was no stock on it. There were two horses mentioned in his list of assets, and two others belonging to his eons. He intended to give those two latter up to his creditors. The spring trap he drove into town belonged to his wife, «?ho bought it off Mr. Riobardson between six and seven months ago. He himself negotiated the purchaae of the trap from Mr. Richardson. He arranged the payment, whioh was £10 for trap and harness. He arranged the payment in oaten sheaves, grown on the land at Waihi, for his wifo. He and his Bons ploughed and hnrrowed the land for the oats. The seed was given to his wife by a native named Pana. He and his sonß harvested the crop. The seed did not come from Messrs. Little & Go.'s mill. Most of the debts, butcher, baker, etc , in bis filed list were existing six mouths ago, when he and his sous were harvesting the oats. He did not buy bis wife a carnage when he was head and ears in debt. The reason he bought the trap was so as his wife could, attend the Native Land Court to look after her interests. The Government had taken their land and leased it, and rent should have been paid every six months, bat they had received none for two years, which had really put him in his ptesent difficulties. Dr. Leatham's bill, £4 14s 6d, was not included in the list of debts he filed. Mr. Gollop's bill waß not ia either. He made these omissions as he forgot them at the time. His wife had promised £25 to the creditors next harvest. By Mr Tatton, a creditor : He promised to pay for the timber he got from him, and owed him for when he got his rent from the Government. He gave the p.n. for £13 in February, 1888, for the timber as he thought he would have the money to pay it. He did not say at a meeting of oreditors that he gave it to him (Tatton) to keep him quiet. Tha timber was used in a building on his wife's land. fMr Tatton here remarked that the goods were always given on the understanding that the c wns a joint partnership between Marsh and his wife as to their land and effects, but when it came to the point it was fouud that all the assets belonged to Mrs Marsh, and all the liabilities belonged to Marsh]. By His Worship : Mrs Marsh had received about £3 18s as rent from the Government since 1886. The Government had taken some of his wife's land and leased it for 30 years, and promised to pay the rent every six months. There were 120 acres at 5s per acre, that ' came to £30. His wife should have received £60 instead of £3 18s. The tenants had been advised not to pay, pending a reduction of rent, he believed. He promised Mr Tatton cash when he got the timber two years ago becanse he was expecting the rent. By Mr Tatton : He did not promise him to pay for the timber out of the wheat he was soiling to Messrs Little and Co. [Mr Tatton remarked that bankrupt paid, for two 'small lots of timber, and then got another on credit, promising to pay out of some wheat he was selling to Messrs Little and Co. Sines then he stated that Marsh had been putting him off with different excuses, and he had come to the conclusion that the bankrupt's promises bad not maoh ia them. By Mr Richmond : If the crops had turned oat gocd, and the rents been paid, he wo lid not have been in debt. He was in the boating setvice before he went on this land, on to which he went without any capital, and had consequently to get credit. By His Honor: About four months before he got the timber from Mr Tntton his house and all in it was burned down. There waß no insurance on it. Oa account of this fire he hud to order the timber. He borrowed £26 from Mr Rielly, of Urenui, to pay Mr Hay's account, which was then reduced to £6. Re-examined by the Assignee: He said that Mrs March would pay him (the Assignee) £25 for his creditors, and pay all the incidental fees of the bankruptcy. The Assignee asked the Court to adjourn the examination sine die, so as bankrupt's wife could oarry out her promise next harvest. He believed that Marsh and his wife would make an honeßt effort to make some amends to their creditors. His Honor thon adjourned 'the case sine die. IN BE JAMBS EDWARD DAT. James Edward Day, poundkeeper (for whom Mr Richmond appeared), came up for public examination. The Assignee stated that the bankrupt had been brought up for public- examination on account of the attitude taken up by his creditors, who were now conspicuous by their absence. In consequence of no creditors being present, the time of the Court would not be taken up for any length. The bankrupt stated that be filed for debts amounting to £55 4s 4d. He filed because Dr O'Carroll sued him through Mr Rennell for a large medical debt. He went to Dr O'Carroll to get him to give him farther time to pay, but he replied that he had left the matter in the bands of Mr Rennell. He did not devote his time to train a racehorse when he owed this. He promised to work DrO'Carroll'Baooountout as groom, hut the doctor replied he had no opening. Dr. O'Carroll's bill was not largo until some time ago, when the doctor visited his house for 25 successive days, charging 7s 6d per day. He devoted most of his time to the pound. When he filed in 1882 and 1883 ho owed Dr. O'Carroll about £100 he believed. Ho had paid no part of that amount since. His present bankruptcy account hud been principally contracted nt the end of last year. For the last three years ho had himself and a family of fiva children to keep on his earnings from the pound, which averaged from 15s to £1 per week. Ho did look round for more remunerative employment, but could not get any. He asked both Dr, O'Carroll and Mr Rennell to give him to the summer months to pay the former's debt. He offerod bis creditors some time ago so much in the £ through Me Hayward. The Assignee: Yes, 2s 61 ia the £. Bankrupt: Yes, 2s 6i, and somo 5s in the £. ll is Honor remarked that a case of this sort was simply the outcome of the present lax credit system. The bankrupt pointed out that three quarters of the debts were medioal fees. The Assignee pointed out that bankrupt should not have filed so precipitately, when Dr. O'Carrol), who would have given him consideration bad be showed by some overt act that he was willing to pay the dubt, pressed him for his money. His Honor coincided in this view. | The public examination then closed. I The Court roes.