District Court

Feilding Star, Volume XII, Issue 130, 25 April 1891, Page 3

District Court

Palmebston North, Wednesday. (Before His Honor Judge Kettle. In Bankruptcy. Robert Parr applied for his orde of discharge. Mr Cook for debtor Mr Fitzherbert for the D.O.A. I appeared that in 1887 the d«htor ha< made application to the Court fo his order of discharge and the ap plication was refused, on the grounds as stated by the D.0.A,, that th< debtor had not properly kept hii hooks, and that he had failed t( to account for a sum of £600, whicl he had received in the business. Th< business of the debtor was beinj ■carried on in Feildiog by hia son.— Mr Fitzherbert opposed the applica and after the debtor had beei /'^examined and counsel had addressee the Court, His Honor said tha since his bankruptcy, over five years ago, the debtor had done nothing ' whatever to settle with his creditors or to pay them anything at all. I' appeared that the business previously carried on by the debtor was ■ eing >c.-irried on by the son for the benefii of the family. To entitle the bankrupt to receive his order of discharge it should be shown that the bankrupt had made some effort to satisfy his creditors, or if an order was madt it should be a conditional one. Looking at, the circumstances of the case, he was inclined to grant a conditional order in this way : -On payment oi 5s in the pound to the creditors, oi -security to that amount being- given as provided by the Act to the satis"faction of the creditors, the order of discharge would be granted, subject to the fuither stipulation that out of the proceeds of the earnings of the business, the debtor would within a period of 18 mouths from the issue of the order of discharge pay his •creditors 5s in the pound, making al' together 10s in the pound. The •amount of the liabilities in the estate Wus £310.— Manawatu Times.