THE DUTIES OF TRUSTEES.

Kumara Times, Issue 493, 26 April 1878, Page 2

THE DUTIES OF TRUSTEES.

Trustees in bankrupt estates should be 'careful to attend to that part of their duty which involves a strict personal examination of the bankrupt as to the state of his affairs. This subject recently came up in the Supreme. Court' at Christchurch. Mr Wyan Williams had obtained power for the examination of a debtor and.his wife (William Henry Miller-and Mrs Miller), before his Honor in Chambers, and pursuant to summons.,.-the debtor attended for examination. Mr Deacon (representing Mr W. Williams) appeared to examine, and Mr Slater appeared for the debtor. On the debtor being examined, it transpired that the trustee Lad not previously examined the debtor. Mr Justice Williams thereupon pointed out " that this omission was an abuse of the process of the Court, and that.the trustee should have summoned the debtor and cross questioned him." His Honour further called attention to the words of the trustee's affidavit—" The debtor has apptaied before me, and has been examined as to his business transactions and as to his assets." This would lead the. Court to believe that, after the first meeting of creditors, the: trustee had summoned the bankrupt, and examined him, and found there was a concealment. A judge was not supposed to do the trustee's buisness; He (Mr. Justice Johnston) had been doing the trustee's business for him. After this decided expression of opinion it will be advisahle that trustees should attend more strictly to thoir duties. Some of them take things very easily.