DISTRICT COURT.

Timaru Herald, Volume XLIII, Issue 3620, 8 May 1886, Page 3

DISTRICT COURT.

TIM ARU— Friday, Mat 7th. (Bofore His Honor Judgo Ward.) His Honor took his seat at 3.30 p.m. IN BANKRUPTCY. lie Jamea McDonald, a bankrupt. Mr Whito applied for an order of discharge. Mr Knubloy opposed this, ond addressing His Honor said it was not necessary to go into the evidence again, but he opposed tho discharge for several reasons, amongst them being that the bankrupt had not kept proper books, and that he had failed to give the Deputy Assigneo or his creditors any explanation as to how he sufforod loss, and finally on account of having very shady dealings with Miles, Archer and Co. He (tho bankrupt) had been examinod from lime to time. On one occasion in order to get him to sond in an account, which he did, but it was a very meagre one. Ho was also examined at tlio Deputy ABSigneo's office before some of the principal creditors, but ho had failed to obtain any information as to how ho orrived at his loss — £2500 in the course of two and a half years. Ho (Mr Knubloy) could not believo that such a loss could bo made. He thought bankrupt must have kept back certain moneys or information from the creditors, Mr Knubley then spoke of the transactions which tbe debtor had had with Miles, Archer and Co. ; how ho had sold sheep through •Jonas and Bourn, auctioneers, and had not paid one penny of it to Miles, Archer and Co. In looking at tho whole facts of tho caso it was unsatisfactory. He therefore nrgued that the ordor should bo suspended, ond citod section 158 of Bankruptcy Act, 1883, in support of his contention. In answer to His Honor, Mr Knubley siid tho deficiency amounted to between £1300 and £1400. Mr White said the opposition to the discharge was based merely on suspicion. As far as the cross examination went thoro was no proof that tho bankrupt had been guilty of any unfair dealing ; of keeping back money or property of any kind. If thero had been any thought of dishonesty, tho bankrupt had been before tho Court and the creditors many limes, so thero would have been plenty of timo to have mado tho allegation there. Tho bankrupt had given his creditors tho bank book, the butt of his chequo book, and every information that he could possibly give. Ho confessed tho bankrupt had done wrong iu not keeping books. He was sorry his learned friend suggested that property had beon withheld, but it was simply an allegation. Tho fact that ho had not kept books was not for the purpose of hiding his position. Tho transaction with Miles, Archor and Co. was on ordinary dealing. He bought sheep from thom, and gave them a " bill " for them. He sold tho sheep in tho ordinary way through Jonas and Bourn. The bankrupt never had the mor.oy. It was now six months Bi'nce the debtor had filed and he had been kopt in a stato of uncertainty since, not being able to on ter into business transactions. He had attended a meeting of creditors tho other day which showed that they wero unanimous that ho should get his discharge. It was evident tho creditors did not think thero was anything dishonest or fraudulent about tho. bankrupt. tl is Honor said there had been great carelessness on the part of tho bankrupt, and his discharge would have to be susponded for six months. rnoBATB. lie Jane Cain, deceased — For order of probato to P. LeCren, or administration to Kato Emily Hall (Mr Knubloy). Mr Knubley said ho had filed an affidavit (put in) in accordance wilh tho order. Tho order was granted that Mrs Hall tako out letters of administration. In re James Eagon, deceased. Mr Whito applied for probato of tho will, which was grontcd. In re J. Crocker, deceased. Mr Whito appliod for probato of the will, which was granted. The Court then adjourned.