IN BANKRUPTCY.

Grey River Argus, Volume XII, Issue 1313, 14 October 1872, Page 2

IN BANKRUPTCY.

Re James Bbrgin.— This case has been before the Court several times, and was last adjourned for the evidence of Mrs Bergin and a miner named Furness. Mr Guinness appeared for the bankrupt, and Mr Newton for Alexander M'Hardy, a creditor, and also for the trustee in the eitate. Catherine Roache Bergin, wife of James Bergin, said : I remember my husband being put in Cobden Gaol at the suii of Johnston, storekeeper, Antonio's Flat. I was then in charge of our house on the Flat, and Johnston wished me to go out of it. Johnston summoned me to the Court at Ahaura to give up possession of the House, and the Warden ordered me to .leave in seven days. As I had no other place to go U with my family, I j did not leave, and Johnston came and said it was nine days since the order was made and I had better leave at once. I then bought the house from him for L 76 — LSO in cash, and the balance to be paid by St. Patrick's Day. On that day Johnston claimed L3O, including L 4 fo.r his own expenses, but as I had no money he sold the house to a digger, Samuel Furnens. During all this time my husband was in v Cobden Gaol. — Cross-examined : It was all borrowed money I gave Johnston. I then had a little money of my own which I used to aupport ray children;. I think between L 35 and L4O. I had the whole of this before Bergin went to gaol. He went for a debt of about L4O. The persons I borrowed the money from were Sam Furness L3O ; Mick Millan, L 7 ; Tom Callan, Ll3. When I could not pay the balance to Johnston, Furness said he would go out and get a bit of gold and buy the house. He did buy it. I asked Johnston to give me back LSO and I would let him have the premises,* but he refused to do this. Furneis agreed to let me rent the house for 53 per week. 1 have not paid him any rent : he asked for none. I nave paid back none of the money I borrowed ; it has not been asked from me. —By the Court : At the. time of the sale there was an agreement in writing between me and Johnston. I got one copy, and Johnston the other. I did not bring mine with me. I did not tell my husbaud where I got the money to pay for the house, or that I had between L 35 and L4O of my own money when he went t© gaol. The money was in my box in Dunedin, and my husband was six weeks in gaol before I got it sent. The money was earned by myself while in service, and before I was married, so I thought it was my own private property. — The Judge : And yet you would let your husband lie in gaol for three months rather than release him. "You can stand down : it is a most melancholy exhibition. — Samuel Furneas was called, but did not appear, and the case was put to the bottom of the list for his evidence. JRe Donald Chisholm Cameron.— This .was an application for final discharge. The bankrupt appeared in person, and Mr Perkins to oppose on behalf of J. Hamilton and Oo.,'Marsden, who were creditor j to the amount of L 77 133 7d, for goods supplied while bankrupt was working on the Lagoon Lead, vhich recently turned out a failure. From the evidence given it appeared that bankrupt refused to give Mr Hamilton an acknowledgment of the debt, as his other mates had done. He had also refused to work out the debt, when Mr Hamilton offered him employment at current wages, saying that he would wipe off the debtby going through the Court.— The Judge, addressing the bankrupt, said : You Beem to think that storekeepers are fair game for the miners, and that their goods are only equal to your labor. You have no other liability except this debt, which Mr Hamilton, in the kindest manner, offered you the opportunity of working out. In nine months you would have worked it all off. — Bankrupt : But does your Honor think I should work another nine months after working so lonj in the claim for nothing ?— The Judge : Certainly, you should hare gone to work it out, if you were an honest man. — Bankrupt : I always considered myself an honest man. — The Judge : Well, I may have a different opinion ; your certificate is suspended for twelve, months. — Bankrupt : Am I protected from arrest ?— The Judge : No, your creditors can put you in gaol if they like. Re William Leach.— Final order of discharge granted. Re Edward Hankins.— Mr Gainness made on application for an adjournment of these proceedings, as from' the bankrupt's pecuniary circumstances, he could not travel from Reef ton. Mr Meyers was present, from Hokitika, to prove as a creditor in this estate, oh the ground that he was a creditor in bankrupt's previous insolvency in Hokitika in 1 1870. An affidavit was also put in by the trustee in the previous. insolvency stating that these proceedings had never been completed, and ajkiug that an order of the Court made in Hokitika in 18,70 should now be enforced. Th,e pasp was adjourned until the December sittings. As to the Hokitika application, the Judge remarked that it was quite unnecessary, aa the previous order of the Court was still in force, and could be enforced at any time by the trustee if he thought fit. The Court could make no order now. Re John O'Brien.— Adjourned until the 30th inst. Re George Cooper.— Adjourned until the 30th inst., for an amended statement of accounts to be filed. Re James O'Brien. — An application for an order of discharge. Mr Perkins*for the bankrupt, Mr Guinness for Mr Joyce, a creditor, to oppose. After a lengthened examination, in the course of which the bankrupt stated that lie had for years been in constant employment, but frequently " got on the spree and lost time," the Judge said— The grounds stated by this bankrupt why he should come to this Court are sickness in his family, losses by the flood, and pressure of creditors, but he has failed to convince me that any of the grounds he aflegss caused him to come here. His reasons are only an attempt to blind the Court. " Pressure of creditors" is no reason for insolvency, and in Victoria is not allowed to be so stated. The man is, and has been io good employment, earning good wages, sometimes as high as L 6, if lie chose to work/ but iie admitted that he "got on the spree, and lost time," and no doubt spent a good deal of money. The fact was he was a man of drunken habits, and spent more on drink than on medicine.

As no mention was made in the statement of the amount of money spent on drink the accounts were false. The certificate would be suspended for six months, and protection withdrawn. Mr Guinness applied for his costs of opposing out of the estate. The trustee said there was not a shilling in the estate. The Judge made an order for the opposing creditor's costs to be paid, leaving it to him to take what course he thought fit for their recovery. The Court adjourned until 11 o'clock this morning.