TE WHITI'S BANKRUPTCY.

Taranaki Herald, Volume XL, Issue 9190, 18 September 1891, Page 2

TE WHITI'S BANKRUPTCY.

GOVERNMENT WILL SUPPLY NO FUNDS. In the District Court in Bankruptcy on Thursday morning, before His Honor Judge Kettle, Mr Samuel, on behalf of the Deputy Official Assignee (Mr Bauchope), reported on the position of matters in connection with the bankruptcy of To Whiti. Mr Samuel stated that it would be remembered that the bankruptcy of To Whiti had been in the District Court somo time ago, when ll is Honor pointed out that as the D.O.A. could not bring the bankrupt up for contempt of Court for j disregard of tho provisions of the Act, on account of there boing no available funds in tho estate, the only course was to apply to the Government for funds to enforce the law in bringing To Whiti before tho Court for contempt. In accordance with this direction the D.O.A. had written the following letter to his superior officer, the Official Assignee at Auckland [Mr Samuel here read the letter], which was as appended: — " New Plymouth, 14th August, 1891.— Tho Official Assignee in Bankruptcy, Auckland. — Re To Whiti, a bankrupt.— Sir, — Te Whiti, of farihaku, an aboriginal native of Nev Zealand, was adjudicated bankrupt on the 14th July last, in tho District Court of Taranaki (being a local Court of Bankruptc}'), holdon at New Plymouth, at the creditor's petition of John Stitt, of Opunako, storekeeper. By notice duly advertised I convened a moeting of creditors, to be held at the Courthouse, New Plymouth, on tho 21st July, at 2.30 p.m. I got a copy of such notice, and also a copy of the order of adjudication, written in Maori by a licensed interpreter, and I went to Parihaka on tho 17th July, accompanied by an interpreter, and saw Te Whiti there. I told tho interpreter to explain that To Whiti had been made a bankrupt, and that, being a bankrupt, all his property vested in tho Official Assignee, whose deputy I wa*, and that he had to file a statement of his assets, debts, and liabilities, and also io attend tho meeting of his creditors. I had with mo the Bankruptcy Acts and Rules, and indicated to tho interpreter the sections by which those things were required. I told tho interpreter to tell him that if he failed to do either of these things he waß liable to be punished for contempt of Court. The interpreter (so far as I can tell) explained this to Te Whiti. Te Whiti replied (aa the interpreter informs me) that he would not recognise any pakeha Court, and would not attend at New Plymouth unless he waß brought in. The interpreter then began to read to him the Maori translation of the Order of Adjudication, but Te Whiti immediately arose aod loft tho room. About an hour after we saw him sitting on a chair outside a house, and the interpreter took the Maori translation of the Order and notice of meeting to him. Te Whiti got up from the chair and refused to take the papers, and the interpreter then put them on the chair, and. after directing Te Whiti's attention to them, left them there. Te Whiti livos in common with many Maoris at Parihaka, and 1 could find no property to seize. He has not filed any statement, as required by Section 59 of the Act of 1883, nor did ho attend at the aieeting of creditors as required by Section 64. So far as I can ascertain, the only property the bankrupt has ia interests in several blocks of land under "The West Coast Settlements Reserves Actß," and I cannot find that these are, or caa be made, available in bankruptcy. There are not (and have not been) any funds whatever in my hands, and I have already incurred expenses to the extent of about £10. Seeing that the bankrupt thus deliberately sets at defiance the Court, I yesterday caused a full representation of the facts to be made to the Judge at a public sitting of the Court, when His Honor directed mo to cause proceedings to be taken to summon Te iVhiti to attend the Court and show cause why he should not be committed to prison for contempt. The fact of my having no funds available was then made known to His Honor, when he stated that ie was absolutely necessary in the interests of justice that no bankrupt should bo allowed to set the law at defiance, and that in his opinion it was the duty of the Governmeut to provide funds for the purpose of vindicating the law; and he advised mo to apply for authority to take the steps which he had recommended, and for a promise from Government to recoup me all costs which I have incurred or shall incur in the bankruptcy, subject to the saino being certified by the Judge as reasonable in amount and properly incurred. I have the honor, therefore (before taking any further step), to submit theso facts to you, and to request that you will forward this letter to the Hon the Minister of Justice as speedily as possible. — I have, &c, Robt. G. Bauohope, Deputy Official Assignee." In reply to this letter the D.O.A. received the following letter from tho Official Assignee at Auckland : — %( Auckland, August 31.— -The D.O.A. Now Piymouth. — Your request for authority and funds to enable you to bring the bankrupt before the Court. I now enclose copy of letter from the Undersecretary to the effect that tho Minister of Justice cannot see his way to interfere at the present Btage of the proceedings. — ■ Yours faithfully, J. Lawson, 0.A." The enclosed letter from tho Minister of Justice, underdate August 27, read: — "I have the honor to acknowledge tho receipt of your memorandum of the 15th inst. enclosing a letter from the D.O.A. at Now New Plymouth with reference to bringing Te Whiti before the Court for contempt, and in reply, am directed by the Minister of Justice to iui'orm you that at the present stage of the proceedings the Government does not feel justified in interferingi n tho matter. — I have, etc., C. J. A. Haseldean Under-Secretary." Mr Samuol added that it appeared to him that the bankrupt could now set tho Court at defiance without punishment. The Assignee had already incurred JSIO out of his own pocket in- connection with tho bankruptcy, and there appeared no possible means of getting it back. Under the circumstances Mr Bauchope could not be expected to incur any further expense especially in view of the letter from the Mmißter of Justice. His Honor replied that it was open for the Court to direct the Assignee to have the bankrupt arrested for contempt, and brought before the Court, and he could make an order for expenses incurred in that manner The proper course, he thought, was to summons tho bankrupt under section 99 of the Act, and if he did not appear under that section then ho could be arreßted under a warrant. It did seem absurd that the bankrupt, who was amenable to the laws i the same as any other person, should bo allowed to set the law at defiance. Mr Samuel remarked that he would sooner advise tho D O.A. to resign rather than Mr Baucliopo should incur any further expenses out of his own pocket, and as solicitor in this district for the Auckland Assignee be would object to the matter being shifted on to that officer in tho present state of affairs. His Honor stated that he only suggested a course that could be taken. Mr Samuel said the course was clear, but there were no funds to cover expenses, and Te Whiti could now see that he could defy the law with impunity. The only way lie could suggest to approach tho Government was to send down a petition from the creditors, but it was rather late in tho session even for that. Hie Honor pointed out that the Minister did not say he would not advance frjn^

but that ho would not interfere in tho present stago of tho proceedings. There was some further discussion, and tho matter dropped.