Hon. J. G. Ward's Affairs.

Feilding Star, Volume XVIII, Issue 274, 26 May 1897, Page 2

Hon. J. G. Ward's Affairs.

APPLICATION FOR SALE OF LUUHjITIES HE FUSED. (Per Press Association.) Dunedin, May 25. i Mr Justice Williams refused tbe appli- | cation for tbcsaloofJ. U. Ward's liabih- j ties to the Colonial Bank to Mr Batger. Iv the course of liis judgment the Judgo said that if fcbe cvirleuco brought forward disc 'used prima facie tho existanco of pravo commercial irregularity -s to whicb the debtor, wliosedeht is proposed to be con; promised, was a party, aiid if the effect of the compromise would probably be to assist she debtor to escape bank- J ruptcy and so prevent his couditiou being j further enquired iuto ami adjudicated ■ upon by the proper tribunal, I do uot think a compromise should be sanctioned ! by tiio Court. To sauctiou a compromise : in such circumstances wouldflbe for the Court to allow itself to be made au instrument to protect persons guilty of commercial irregularities from their lognl consequences. If there in evidunco in existence of irregularities the term-; of tliocoajprotin.se offered — m or o probably it is that [he oflor is runcle with a yiew ! of hashing up such irreffularitics above — contains what I conceive to be a corrpcl stit^nifint. The principle »pplicF\l>l.-) in cases of this kind, the Judge said, waa in accordance ivith the inrenion indiuitol on ihu I ist occasion. I have consulted oilier Judges on the subject, and also furni.<li«<l ihem with a report of the pro* ceedingj in connection with the present npp!ici>tion, and of other evidence of which tbo Court was in possession in conn: ct:ou with Ward's bu.-infis.-! trnu.-RC ' tion;;. Tho liifiiority of the ottier Jud^rs ! concur with me in tho above statement of principles which 'ire applicable, and also consider that, looking fit thn mateml bnlcro the Court and applying the abovu principles, n compromise on^lit not to bn .«<inciioned. I rc/,'rot, therefore, that 1 cannot accede to the application.