DISTRICT COURT.

Ashburton Guardian, Volume VII, Issue 1785, 9 March 1888, Page 2

DISTRICT COURT.

AFHB ÜBTON— FRIDAY. (Before His Honor Judge Broad.) IN BANKBUPTOY. ordsr of discharge. Re Robert Hii.-k*— Mr Crisp for b nkrapt. — Order granted, iJe A. O. Prich rd — Mr Cri3p for bankrupt. — Order gr-infed, PUBLIC EXAMINATION. Be ThoniMß H-ult.— Mr Purnell for i Deputy Official Assignee. Mr Cuthberfson j for bankrupt — The e videnc9 ia the cast) wa3 partly heard last ('ourfc day. The followiug additional evidenco was now called :—J nines Osborno, farmer at Wil lowby, kaew Houlf. Sold pgs to him m August ; d livered them on the 16 h i Sold him 9 pig 3at3d a p nnd. The total value was£lL 13 < 9-1 ho 'telieved. H» offered to p <.y witness within a mooth and thia the witness agrtf d to. Witness never had any buainosa with Hoult before and Rnow nothing of hia posi:ion. At the time the pigs were sold Hoult gave him uo reason to -uop s the monay wou'd not be forthconaiog. Weat to HouU on September 17 ■ fTe did not pay, but said the money would be paid into the Bank m about a week Went to the Bank next week but n > money had been paid ia Weut to '■ oult. He promised to pay on the following week and tne week lollowing, but did not do bo. Witness took proce dings to recover and Hoult confessed judgment, issued execution, but did not gee anything as Hoult filed. — By Mr Guthbertsoa : Was not aware (here was a bill of sale over Hoult's property at the tima he issued execution. Waa not aware his doing ao caused Hoult to file. — Peter Stewart, cootractor, said that Hoult owed him money oa a promissory note, but did not know if It waa m August. Ooald not say the date, and did not know bow long It was before August. All witness's memoranda were destroyed by fire, Only held oce proiniaaory note ; never had two. Got the money from Mr Neate. Did not know if it waa on September 23rd, bat could ifljeitan by going to the Bank. (Th« wltneß3 was here directed to go to the B*nk and find out the date) —J, R. Coiyer, Clerk of Uourt said that on October 13th there were three judgments against Hoult ; F. Olark v H >nit, £8 17*; J. Oabocne v tioult, £12 3j 9i. Fciedlander Bros, v Boult £10 14i 9d. None of those j adamants were satisfied. A distreao wairant was issued m Osborne'a oase on October 13 aud returned nulla bona. Distress -warfaot nag issued by Friedlaoder Bros, on Oo'ooer 14, and it was also returned nulla bbouta t The debt due to Olatk was on a dishonored proraisa. ry note, and that due to Friedlander Bros waa also on a promissory note.— A, fit. Pearßon executed warrant, Oaborne v Hoult, on October 15. Took possession at Uouli's shop m East streat. Thought Hoult was there. Saw Hoult that day. Hoult resisted the man who took possession of factory ia Moore street under Friedhnder's warrant. A claim web made under biil of sac arid the landlord made a claim f>r "rent — By Mr (Juthbertson : The c'aim for rent waa about £& 4j.— J. 0 Bell, Deputy Official Assignee pto-dn-.ed statement ot as.ttg and tiabi lbua 1 Boult'e eaate. Theimoaue of aecarei liabilities waa £405 10a, £300 on mortgage to T. Buliook ; aud £106 10s oa bill of tale to Mrs .Neate, Dd n-t consider the property would realise the amount of the bill of eale. The bill if Bale waß dated August 19 ;h 1887. The Und was not worth <he amount of the mortgHge and the bankiupt valued it at £50 Isb The unsecured claims were Bet down at £154 8. 41 butaome other claims had emoo come m There were no Uhßecurtd bbjuis In the statement, but witne s had readied £11 14 1 81 for book d«bt» and property uot secured. The bank upt, had handed witaesß hia trade boot- a consisting ..f lodger, o-trh book, and book i f miscellaneous transaction?. T c oaan bo k Bhows u.o entry ot receipts ) it only shows payments. Tne bankrupt, nad stated to witness he kept no recrd of receipts. H ulc had never kipt any bill book*. There were bills current at time •>f the bankruptcy. It «as imp >Bsible to get at the t-tate or the bus ness from tne books. It wae impossible at any time to ascertain from the bo«ks whether Hmlt was solvent or i.ot The cash book went hack to Janmry 1884 Examined H jalt <m oath ou October 19: b, October 21st and October 26th. Reduced his statements to wriimg and they were aigned by Hoult. — By Mr Outhbertson, — None of tl.e claims Witness had subsequently duoove^ed had been proved ; Houtt had told witues* of some of them. It is not an unusual thine for books to be incomplete m bankruptcies In the ledger certain aocoants were ruled off as paid. It would not give an idea of the business, as it could only represent a fow customers whose accounts were current. — By Mr Purnell : Never came across tradesmen, m as large a way of business aa Hoult, who kept no record of cash payments. — Pater Stewart, re-called, said that he got the money above referred jto about; September 24th. — By Mr Outhbertaon : Only had the one transaction with Hoult, — Thomas Hoult, the bankrapt, waa then called. He said he had been carrying on business as a pork butcher and herbal beer manufacturer. Had two shops and a faotory. Began to get Into difficulties about two years and a- half ago. Had no property at that time except plant and stock, clear of mortgage. The value was about £150. Told the Aeaignee that previous to that he was about £50 to the good after all cfebta were paid. Got into d.fficalty ovei bacon He got'in a large stock, the price dropped and he lost over £250. Witness* mode < f carrying on business was when he sold one lot of pige, with the proceeds h-< pild <ff those from whom he bought the previous lot. After witness got into difficulty his business began to get worse and worse. Ob borne bought the pl^s on August 16, and on Anguat 19 witrjeas gave a Bill of Sale to Mr Neate.— By His Honor : But for the distress warrants which were put m witness had reason to believe that he could have pulled through. —The examination was continued by Mr Purnell at considerable length. The bankrupt said that when he obtained the ptga from Oaborno he was owing money to several creditors who were specified. He paid a number of creditors iff with the prooeeda of the bill of sale which he gave to Mr Neate, He had been m the habit of giving bills. He kept no record of them but he knew In his memory when they became due. There were bills outstanding when he filed. H.v never kept a banking account. Ho had had men wcrk-' ing for him, and did a pretly extensive business m herbal beer. Tais paid well before the pnea waa brought down from 2* to Is 3d a doxen when he lost money,— By Mr Ou'hbertsoa : The herbal beer eeabon began about October and during »ha season he oewfc out from 150 to 200 dozen a week. The price was again up to 2. Two years ago he waa In a go.d position but he lost money on piga ; the o*x<; year he lost moiey on herbal beer. i The money whioh he reoei/ed over the counter he paid a^ay In various ways. He tried to do a cash business. Ha never had muoh capital and he started with nothing.— Mr Outhbertaon addressed the Court —His donor said that he had carefully coaeldered the evidence which had been taken on thli and the former ocoaslon when thia case was before the Oourt. The charges against the bankrupt were four m number three being that he oould not have had at tbe time when he incurred the debts due to Osborne, Harrison and Uayman any reasonable or probable ground of being ftb!e to pay tbe game, the other bejog that

he had within three vai before the commencement of the bankrupt y failed to keep usual and reasonable b.;oks. and account*, netting forth trathfaUy the stato of hla basinoas transao ions. With regard to tho last charge, the bankrupt might have kept his books oarelaaaly, but 'i! * H "r* nt c>mmittal fraudulent Intent should be shown That everything except the receipts were recorded might give rise to the presumption that the bankrupt wished tn cmaoal the gUto of Mb business and the Court would be jaa iOd m suspending hia discharge bat not m committing him. With rega-d to the other ch«rgQ3 it oppaarod to his Honor that the only ground the bankrupt had tor believing he could pay the partlccilar debts, was that; something might be* done In the herbal beer baeineaa and that he might gat Borne more goorfa on credit. Seeing that the insolvency of the bankrupt was •Tell known fci him, then this hope was a desperate one and certainly not a reasonable expectation to mset hia debts. It meant thac if he could oontr »ot naw dehti then he might pay the o'd ones. His Honor was exceedingly loath to act under these sections of the Act, but when men would trade io a reckless faablon there w« nothing else for it. The present oasa aid not call for g B v«re punishment bat tha law had been violated. On the three charges the Court wonld order the bankrupt to be lmprlooned for one month at Addington.