Police Court.

Feilding Star, Volume XV, Issue 315, 16 May 1894, Page 2

Police Court.

PALMERSTON-TUESDAY. (Before Messrs R. S Abraham and J. Beale, J.'sP.) James Charles Morey was charged under the Bankruptcy Act of 1892, with giving £100 to Maria Oliver, a creditor in the estate, within three months of his bankruptcy, with intent to defraud other creditors, Mr J. H. Hankins appeared for the D.0.A., and Mr Baker for accused. Mr Matravers, Clerk of the Court, produced the petition in bankruptcy. Mr Hankius produced the certificate \ of the Crown Prosecutor. G. J. Scott, the D.O.A. in bankruptcy, produced the minutes of the examination of the bankrupt. At the public examination before the District Court he heard bankrupt say that within three months of his bankruptcy he had paid £100 to Maria Oliver, who had endorsed a promissory note to John Notman, the D.O.A. in bankruptcy at Wauganui. Cross-examined by Mr Baker : The debt due to Maria Oliver was a just and proper one. Considered a man should discharge his liabilities as they became due, always taking into account his position and his other creditors. The complaint respecting tho particular offence with which accused was charged was that a bill of £125 payable to John Notman was dishonoured, and that after bankrupt had had a meeting of certain of his creditors in Wellington, where he promised to realise his assets and hand them over for Montague Laiug as receiver for the creditors, he had returned to Foilding, and within a very short time had realised assets to the extent of £140 or thereabouts, by collection of book debts, auction sales &c. Out of this money collected he paid Maria Oliver £100. None <«f the transations mentioned were shown in the bankrupt's books. Bankru jit agreed to assign his assets as shown in the assignment (produced.) Did not know whether Mrs Oliver or Mr Notmou was consulted previous to tbe assignment being made. Heard the bankrupt say at his public examination that the local creditors were not consulted as to the assignment.

Bankrupt reserved his defence, and on the application of Mr Hankins he was committed to take his trial at the next sitting of the Supreme Court held iv Wanganui. Mr Hankins offered no objection. The bankrupt was further charged with having failed to keep such books of account as were proper to his business, aud such as would set forth sufficiently his business transactions, and disclose his position. Mr Matravers, Clerk of the Court, produced a copy of the petition in bankruptcy, and a copy of the notes taken during the public examination of the bankrupt. Mr Hankins produced the certificate of the Crown Prosecutor. G. J. Scott, the D.O.A. in bankruptcy, produced the books of account kept by the bankrupt in his business at Feilding. The cash book contained some entries for casli for April and May but no year was stated. The bank book showed that bankrupt commenced business in Feilding in March 1892. The books kept by the bankrupt did not sufficiently set forth his business transactions, or show his position. In the absence of a cash book, the books kept by the bankrupt were not usual and proper books to bo kept in such a business. Cross-examined by Mr Baker : Bankrupt should have kept a casli book, and an invoice book. No record of the cash received or paid away appeared in the cash book given in by the debtor. There j was no record in any book of the sums received and paid away from the sth of February to the date of the bankruptcy. The day book disclosed a number of cash entries. Up to the sth of February the system pursued by the bankrupt, if carried out correctly, would enable him to say how much cash he had received and paid away. Accused was also committed on this charge to take his trial at the next sitting of the Supremo Court held at Wangauui. Mr Baker asked that the bankrupt be released on his own recognizances to appear when called upon. Mr Haukius opposed Mr Baker's application. He would, however, agree to a reasonable bail being fixed. Bail was allowed in two sureties of X'4o each, the Bench expressing the opinion that the bail should be for a substantial sum, — Standard.