DISTRICT COURT, WESTPORT.

Westport Times, Volume IV, Issue 738, 17 November 1870, Page 2

DISTRICT COURT, WESTPORT.

BANKRUPTCY JURISDICTION

Tuesday, November 15. (Before Mr Justice Ward.) In re duxcax m'laciilan".

Tbe bankrupt appeared for his final discharge, and there was no opposition.

His Honor said that the Trustee did not report favorably, and referred to the absence of such accounts as had been ordered by the rules laid down by the Judges of the Supreme Court. If such an account had been filed, and there being no opposition, he should have proh bly granted the discharge, but it was impossible for him to make such an order until the rule bad been complied with, or it was show that it had been impossible for the applicant to have carried out the strict letter of the rule.

Tho bankrupt was put back till the next sitting, and ordered to file a proper account of assets and liabilities, and receipts and expenditure during the six months prior to the adjudication of bankruptcy.

In re j. a. care

In this case the bankrupt was also set back until the next sitting, and ordered to file full accounts. In re george limerick.

Mr Pitt, who appeared for the bankrupt, stated that the final instalment, involving but a small payment, had not yet been made good. The bankrupt had proceeded to Dunedin, to a situation, and he should ask the Court to adjourn the final order until the next sitting of the Court, meanwhile continuing to the bankrupt his protection. The circumstance would probably be within his Honor's recollection that the bankrupt had filed an arrangement with his creditors, and bad paid one instalment under said arrangement. The trustee was in attendance, and intended to oiler no opposition to the protection being continued. His Honor adjourned the ease until the next sitting of the Court. Bankrupt's protection to be continued.

In VP CiESARE NOSHI

Mr Pitt applied, on behalf of the bankrupt, for a further adjournment to file a statement.

His Honor, on learning that the case had been previously adjourned for the same cause, withdrew the bankrupt's protection.

The case was set down for hearing at the next sitting of the Court.

Iu re owen o'neill

The bankrupt, who had been put back from the two previous sittings of the Court, iu order to file proper particulars of accounts, appeared to receive his discharge. Mr Home opposed on behalf of the creditors, and objected to the statement filed as incomplete. It was impossible to arrive at anything from the accounts that the bankrupt had furnished.

His Honor said that tlie case must be adjourned, as it was imperative that the statement should be filed ten days before the application for discharge. The statement had been filed on the 14th November. Jf a proper statement were not filed previous to the next sitting of the Court, the bankrupt's protection would be withdrawn.

The bankrupt said that he now labored under some difficulty, having been previously advised by counsel, but, in consequence of the* frequent postponements, he no longer possessed the means of commanding legal assistance.

His Honor informed the bankrupt that he must present a statement of his assets and liabilities at a date six mouths previous to his adjudication of bankruptcy; and a statement of his receipts and expenditure from such date to the date of adjudication.

In re ciiaeles startist fox

Mr Fisher, who appeared for the bankrupt.stated that Fox was in custody and had so been since the last sitting of the Court.

. Mr Pitt appeared on behalf of the supervisor.

His Honor directed that the debtor be brought before the Court.

Sergeant Kiely returned and informed his Honor that the gaoler objected to deliver up the debtor without a written order from the Court.

His Honor: Inform the gaoler that if he treat this Court with contempt, ho will be himself committed to gaol. Maguire, the gaoler, then appeared and stated that the debtor would be in attendance immediately, and Pox was brought accordingly. Mr Pitt objected to the debtor receiving his discharge, in consequence of his refusal to give up the books to the supervisor in the estate.

The bankrupt stated that he had only once been asked for his books, and he had not given them np in consequence of there being no trustee appointed after the resignation of Mr Harris. There was only one book of account—a ledgor, the remainder were lost or mislaid, in consequence of having had to remove three times. The bankrupt was examined at some length with respect to his affairs, and more especially the missing account books. His evidence with respect to the account books, was contradicted by Mr Whyte,the supervisor, His Honor said that the fact of books being missing was at any time a very suspicious circumstance, and, when added to this, the bankrupt had been shown to have thrown difficulties in the way of the Court, and then prevaricated in his evidence, there could

be IiLLIo doubt as to the motives that bad impelled the bankrupt to apply to that Court. It had been shown very clearly that the bankrupt, for the purpose of preparing his accounts, had received, upon the order of the trustee, two account books and a file of papers from tho supervisor. These he first of all refused to give up, and then alleged that one of tho books had been lost. Tho bankrupt's certificate would bo suspended for three months

The Court then adjourned sine die.