DISTRICT COURT.

Mount Ida Chronicle, Volume IV, Issue 246, 21 November 1873, Page 5

DISTRICT COURT.

IN BANKRUPTCY. (Before his Honor Judge Wilson Gray.) Saturday, November 16. In the matter of JR. Keenan, of Naseby, a bankrupt. Mr. Leary appeared on behalf of the creditors, Mr. Rowlatt for the bankrupt. The bankrupt, being sworn, was examined by Mr. Leary. He said: I commenced business about four years ago, as hotel-keeper. I had not much capital—about £25 or £3O. I was also carting coal and wood, and owned one horse. After the first twelve months I was in a better position—probably £IOO better. I bought a team of horses. Subsequently I went into farming at Kyeburn—say in July, 1872. I bought a farm from Mr. John Cogan—not giving up the hotel. Mr. Leary then requested that all witnesses might be asked to leave the Court. His Honor said of course, he must make the order, which was reasonable. He regretted having to order them outside. Examination continued: £340 was the price of the farm, payable—£loo in cash, and by bills of exchange, with interest, due at three, six, nine, and twelve months, one for £4l, and the remaining three for £7O. I paid the first bill of £4l. Ido not know when. I could not say how much I had paid towards redeeming the bills. I might have paid £IOO. F Mr Leary: Would you be surprised to learn you had paid £l6O ? No answer. Mr. Leary: On August 12 did you pay £35? Bankrupt: I don't know. Mr. Leary: If a cheque drawn by you in favor of Mr. Cogan was paid on that day, would it be towards the bills ? Bankrupt: I suppose it woflld. Mr. Leary: Are you sure ? Bankrupt: The first £IOO I had not paid for a month. Mr. Leary: This £35, then, would be balance of the £IOO ?

Bankrupt: Yes. ' Mr. Leary: On October 18th a cheque for £25 was paid to Mr.. Cogan; was that towards the bills ?

■Biakrapt-: I mljat hare ,piii it. t>o*i&' remember the late. I remamber paying^--Mr. Lear/; On November 4th £l6? vr - : . -* ' Bankrupt: * I could not bs sa£e&£r.date. Cannot tell what I am indebte&W'Mr Gogan without going to the bank, the"hotel wa# given as security for bills; The Court: Do you maan to say drew up your schedule without thebank and knowing what you owe'c£? Mr. Leary: Which: you swore w&3 correct. Bankrupt: I did not understand the matter. Examination continued: I could not remember the'security L gave Cogan for these bills. I gave him the house 1 am living in —thei Ovens Hotel, built on freehold ground, and a billiard table on the premises! Mr. Leary: Nothing else ? Bankrupt: Nothing I am aware of. Mr. Leary: Be sure. Bankrupt: A. chaff-cutter on the'farm. Mr. Leary: Nothing else ? ■", Bankrupt: A reaping machine.- I gave a bill of sale and mortgage, which was to be released when the bills were paid. Mr. Leary: Then, when this money is paid that is owing to Cogah, the property will revert to the estate ? Bankrupt: Yes! Mr. Leary: And yet you have entered your assets on the' schedule as nil. Bankrupt: I don't know what I owe Cbgan. Mr. Leary: As a matter of fact, if accounts, were adjusted between you he might possibly owe you money, might he not ? Bankrupt: 1 don't know. The Court: You don't know whether Cogah does not owe you money? Bankrupt: Not that lam aware of. I believe he does not owe me any money. Mr. Leary: Suppose you had an order of discharge, and he was to tell you you owed him £SO, would that be correct ?

No answer. Mr. Leary: Would you give him £SO and' take back the property ? Bankrupt: I don't know how miich I owe * him. T have not paid Cogan anything during the last two months. lam quite-cer-tain. Cogan took possession when I signed the security. I believe he has taken possession. I have been living in the house, and have held the license. , It has been renewed in my name since the assignment. I cropped the farm. A crop of oats came up. I had to give the oats over to a young woman I owed money to. I owed her £350. Her name was Bridget Mungovan. She was liy> ing with me as a servant.—(The bankrupt's attention was then drawn to a deed to Bridget Mungovan, purporting to be a bill of sale to her, dated December 2nd, handing over three horses, one dray, three sets of harness, 100 acres of oats, plough, &c, as security for a loan of £300.)—1 had nothing else but what I sold to Bridget Mungovan. After I bought the farm she gave me money to buy horses and to put the crop in. About two after, she gave me £l5O in cash—in notes. I don't know where she got the money from. I had been paying her wages for four years. If you prove that Miss Mungovan had no money I would not think I had made any mistake, as I could not say what she had. She was my wife's sister. By the Court: She took the bill of sale in: satisfaction of all I owed her. I was working for her from date of sale. She was to give me £2 a week and tucker for my wife and family. Examination continued: The business of the hotel from that date belonged to her. I did not transfer the license. She was to have all the profits of the business. I managed the business for her. His Honor cautioned the witness that he was in danger of imprisonment if he prevari cated. Mr. Leary: What did you give in return , for the £2 a week ? Bankrupt: I was working the farm. Sometimes T was in and out. I had to sell stuff off the farm for her. She was the owner of the crop. She was to get the profits. I gave up all but the land, which I value at nothing. Mr. Leary: Or you would have mentioned it in the deed of sale ? Bankrupt: Yes!——No! Mr. Leary: Well, I think you would. Everything went on exactly as before ? Bankrupt: Yes. I sold crops in my ownname. I never led anyone to suppose I had parted with stock, crops, &c. Several knew Mr, Leary: Name one. Bankrupt: I understood it was bo public that everyone knew it. * Mr. Leary: Did you post it up anywhere ? Bankrupt: No. Mr. Leary: Who did you tell?

Bankrupt: I sold Bremner oats in my name as her agent. I did not specially tell him I was acting for her. I supposed he knew it. I don't remember Bridget Mungovan suing me in this Court for wages. I was not served with a summons from her-that I am aware of. Have a bad memory. She claimed £350 from me. It was for money lent, and wages which must have been under £2O. Quite certain she did not sue me or claim £7B. I continued to buy goo is in my own name just as before the assignment. I bought a horse for her from a man at the Kyeburn last November. I think his name was John Highland, or Heeland—some such name. I gave £25 for it. He gave me a receipt for it in Miss Mungovan's name. I had no cattle. Miss Mungovan had some. She got them in January last. I did not buy them. She instructed me to "make an exchange for her. She bought ar cow from a man here called Kearney. She instructed me to go and buy it. Miss Mungovan is dead. She made a will before her death. She willed her pro. perty to trustees. I don't know the terms of the will, -.;•-.

. Mr. Leary: Now,, Mr. Keen an, you know the' property was left to your wife. Why do 3 T ou twist and turn in this waj;, and say it was left to trustees. Was it not left to your wife? .'■'''.. .'.'..

Bankrupt: Yes. Mr. John Cogan is the trustee. He has employed me to cut the chaff and bring it in as usual. My wife suggested tliis arrangement. Some of the chaff is sold. Some of the money I gave to the wife, and some I have not got. I have no 'shave in the Water Works Company. I sold it to Miss Mungovan. I did not transfer the share. I could not say who transferred it, if it-was transferred. I have not introduced any furniture into the-hotel since I assigned the property. ■ . " •Mr. Leary: Was the sewing machine in the house when you assigned ? , Bankrupt': No. Mr. Leary: Then how did it get there ?. Bankrupt: Miss Mungovan bought it in Dunedin, and paid the carriage on it. I had no pigs at the time of sale to her. She bought pigs afterwards. ; Mr. Leary remarked that he would not further question the witness —it was useless. Mr. Rowlatt declined to cross-examine the bankrupt. Mr. Walter Tnder, auctioneer, resident at Naseby, being s vorn, said : I have known the bankrupt, R. Keenan, for seven or eight years. , About September, 1873, he employed me to offer for sale a farm, crops, implements, cattle, horses, &c, at Kyeburn. He arranged forms of sale, date, and advertisement. • I understood the property, was his. I never knew he had mortgaged the property. He acted as owner. I held the sale, but could not get bidders to reach the reserve, so there was no sale. T knew the late Miss Mungovan. I did not know anything of her circumstances. .The first time I heard of Keenan's having sold to her was in the Resident Magistrate's Court here, when the bill of sale came up as defending property • claimsd by creditors—M'Credie and others. This was just before Keenan filed. He dealt with.mo off and on up to date of bankruptcy. I supplied hira. with goods and cash._ He always jjot goons in hi< own name, He never led me to believe he had parted with an;/ of his property to, Miss Mungovan. During the last six. months ho borrowed two sums of £6 I2s. ttd. and £5, to meet Mr. Cogan's bill. He' owes me more than he has put me down fOr; , , ,

■ Cross-examined by Mr. . Kowlatt: Keenan : held the farm by an arrangement with the ' squatter.. He had the same title as Cogan ' had. . I think there was an agreement. Possession was relied upon—the runhokler ac- ; cepting Keenan as tenant, in lieu .of Cogan. Any person buying would have had to give a receipt. I should 'expect property even of that 'sort- (uncertainty of tenure alluded to) to belong to the party instructing me. to sell —uniess'a contrary statement was made. I never had the least suspicion of there being a-change of I am not a member of the Chamber oE Commerce, nor.have I any connection,with that body. .. Mr.. Robert Aitken, baker, &c, resident at Naseby, said; I know Mr. Kobert Keenan, and have had .dealings with him since the 2nd of last December, by the supply of bread and. stores. I also agreed to buy 200 bushels of oats from him. Previous to the insolvency I-bought the oats, f paid him. in two sums of £25 each. I gave him the £SO before delivery; He said he wanted money to meet Cohan's bill. These were his own oats. I had no reason to believe they were not his own at that time. I got delivery of about sixty or. seventy bushels. .. I heard, for the first time, about two months ago, he had sold to Miss Mungovan. .It transpired in Court here. I remember the farm being offered for sale. It. was after I bought the oats. • The property was offered on behalf of Keenan. Keenan offered me the }?; cm as security for my debt—about £!oo—at that time. I expect the farm would be marketable. It would not suit me. I told him I would not mind taking the f;;rm as security, but would not work It. I never heard of any .sale. If anything of the !?ort had been known I should have probably heard of it. I remember buying a sewing machine from Keenan about July last. He came to mo and offered it. I :hold a receipt (prod uced) signed by R. Keenan. It. went against ray account. The receiptin'cluded a cheist of drawers. . I got one horse at the same time, valued at £lo—(receipt, J signed by R. Keenan also, produced). I con- I sidered it his horse. • I ' Cross-examined by Mr. E-owdatt: Keenan } never told n?e anything about the ownership of the goods I never had possession. The Court: \Ybat became of them ? "Witness: He asked me to let them remain. Mr. ; Peter Law, blacksmith, residing at Nasehy, being sworn, said: I have known bankrupt about three years'; have had dealings with him for blacksmith's work, coals, ■ oats; &c. He was indebted to me about £2O on the 2nd December last. He has not paid me. He gave me a promissory note for £23 ss. Gd. on January 9, 1873, at six months.

Mr. Leary: Which was duly dishonored ? -"Witness:. .Yew. fie said to me —""What fire y 011 frightened of ? t am worth -A'6oo or ' •■-ifeTQO." I had no reason to doubt it. I knew ,he" hr*d o>vned the hotel and the fa.rm I had no reason to think he had assigned. I heard • first of an assignment/when Mr. M'Credie Bumiubned him to Court. I never, knew any - one.Bay .that they the property was Mi.sa Mungovan'a. Iminodifsieiy, before he filed, on my demand for security, hs.toid me 'lot the .time that the property, did noi •helon'g to Bim. •■■Mr! J. *•'-■ .Brercner, storekeeper, residing "• jit Na9ehy,. ; herng sworn, said: 1 have knows "'' tb=) ; hMilo Jipt : lor some ., "Have hari ' ' dealings with him' "during the last twelve rrontba. He is '.'he reputed owner of-pro-

Ajitiim Hotel, in teven-street; of another hotel, lower down, called the Ovens Hotel; and of a farm at the Kyeburn. : He has also worked as a coal carter. He always represented himself as the owner of the properties. I never knew, till a rumor arose from what transpired iii this Court—the Resident Ma-oist-rate's—that the property was Miss Mungovan's. The..first instance in which I dealt with him he came to me, as he -was short of money, and wanted £9. I bought 100 bushels of oats and some chaff, to be delivered in a month —(sale note produced, acknowledging £9 on account, signed by Robert Keenan). He represented the oats as his own. I never suspected any. other. Since December last he has delivered me goods to the value of £4O, on his own account. I knew Miss Mungovan by sight. She : was supposed to be a servant in Keenan's. About eighteen months ago she came to my house, asking for a situation—representing herself as being in poor circumstances. ' Cross-examined by Mr. Rowlatt: She told me she was in poor circumstances. Scarcely knew where to go. I understood the reason why she left Keenan's was a dispute in Court. : Tt might have been a claim for wages. I did not know anything about the particulars of sale from Cogan, nor of the mortgage of house to secure the purchase of farm. Mr. John Cogan, hotel keeper, of Naseby, being sworn, said: I know the bankrupt, Robert Keenan. In July, 1872, I sold him some property—a .farm at the Kyeburn and implements. I think there was a stack of hay. £340 was the price, to be paid—£loo in cash, and bills for the balance at three, six, nine, and twelve months. £lll has been paid on account of bills. . Mr. Lear} 7 : Now, Mr. Cogan, 7 why did you refuse me that information before ? Why compel me to bring yoti into this. Court, and myself to have to come from town for the purpose. Witness •. I thought vt was -not my business. I was so advised.

Mr. Loarv : Bv a solicitor ? Witness:" Yes. /' - Fiis Honor:' By a'solicitor ? ; Mr. Rowlatt.: It is not the case. I can easily explain it. Mr. Leary : Pardon me; it was so. All information was refused to my agent, and to myself .personally this morning. His Honor remarked that, in. the happy phrase of Judge Ward, anyone coming into Coiu*t as a bankrupt was in the position of a culprit. It was very similar to the case of a constable in search of. goods. Any person, then, who conceals transactions with or for a bankrupt is guilty of. a very serious misdemeanour.

Examination continued: I clpim. £149 4s before releasing the property. Mr Leary: You might- as well have given me that information without making.medrag it out of you here. Here we have the assets as nil, when the right of redemption of /the whole property, worth £2OO or £3OO. is only £149.

The Court: Ignorance is no plea for y,ou. Men going into, mercantile matters of credit have responsibilities and duties from which ignorance is no shield. Examination continued: Tam also an unsecured creditor, but do not know the amount. He owes me about £2O or so, independently of the bills. I knew the late Miss Mungovaii. I was urged to go and see her the night she died, to act as executor. My solicitor has proved the will. I went to Mrs. Keenan and advised the crop to be seen to. I offered to go myself, if I was paid for it. She said she would send her husband:

* Mr-Leary '-. "What were you intsructed to do as trustee ? '

Witness: Nothing. I left it in the hands of Mrs Keenan (the legatee). I am not exercising the trust. Mrs Keenan handed it over to her husband. Keenan told me he would give me an account, but he never.did. Mr Leary: Did you not know you were re ST3onsible, as trustee, for all the property ? Witness : No. The Court, at this stage of the proceedings, agreed to adjourn till Monday at 10 a.m. Monday, In'oykmber 17th. On his Honor taking his seat on the bench, Mr Leary asked to be allowed to recall Mr Aitken. Mr Aitken, recalled, stated that, with reI to the horse, it is still in Keenan's i stable. .1 gave no money for the horse oi articles, but took them as security. Keenan ! was-frightened some of his creditors were | going to pull him; indeed, M'Creadie v. i Kec-nan was on at the time. Keenan sug- | gested t should take the goods. i By the Court: He came to me—on 25tt 'July. J never took possession. Air Keenan, being recalled, was asked. Where are the horses, dray, chaff, oats, po tatoes, plough, harrows, and reaping machine conveyed to Aiiss Mungovah ?—The oats ar< cut into chaff. All but thirty-five or fort] I ba/>s in the stable are sold. There is nothing 1 onthe farm. The plough is lent to Patricl I Ryan. I lent it. The harrows James Mac 1 ' namara, of Clare Flat, got. . / '.l Mr Leary : Did you lend the harrows? ! Bankrupt: Macnamara told me he go them from Cogan. - \~ ■ I Mr Leary : Did you deliver them ? >•! Bankrupt: I agreed to haul" them a part o ■; the road: * » Mr Leary: Then yod did deliver them- ! why Could you not say ro at once? 5 Bxamina.tkm continued: There ia nothin 5 -£jse' at-Clara plat—no potatoes. I got n money from Aitken for the horse, sewin {. machine, and chest of drawers sold to him i 1 don't know wh ether ho o-ves me any thin I. for them. I was instructed by Miss Mungc i van to sell these things to Aitken., Mr Leary: If Mr Aitken swears he neve . 1 i jl,™,. r.1./in+. fo/lica TVrnntmiT-n.Ti in -fcni

matter, would he swear falsely ? Bankrupt: I don't know.' Miss Mungovantold me. Mr Aitken asked rae for a receipt-." I told him the sewing machine was hers, hers. " ,

Mr Leary: How could you sell what was' not yours for your own debts ? Can you explain that ? I suppose you cannot! No answer. ' - ■ Mr Leary : Do you know' whether Cogan intends to collect the money from Aitken?; Bankrupt : I don't know! ; " "I" never told Cogan L had sold the articles on her behalf. Cross-examined-by Mr Bowlatt: At the time I bought the farm there was a stack of hay on it—value, about £IOO. There was no other crop besides the oats.' ■ It did not realise its value—not by one half. •It was damp—partly rotten. Tjhe loss by that would be about £SO. . \: i Mr. Leary : He swears he owed nothing ! when he made the sale to. Miss Mungovan, so he does not require to account for losses. (Jross-examination continued : .1 had authority from Miss Mungovan when I went to Inder and George to sell the farm. , I knew it was not my property. I told Inder I. was I instructed by her to put the farm up. I said, it was no odds whose name it was offered in. I heard Mr. Inder's statement" on Saturday to the contrary. I told Inder it was Miss Mungo van's, and she wanted her money. The Court : What was it 1 Bankrupt: The property. Cross-examination continued: M'Credie sued me. He put in an execution to the hotel. Bremner also sued me I had no alternative but to file. Ziele also sued me. It' was in August. M'Credie threatened-to lock me up. This might be three or-four days before I filed. Mr Learjr : Do you consider you are sworn? Bankrupt: Yes. I still adhere to my statement, as to instructing the auctioneers: Inder said to me,""lt would be better-to put it iip in your own name." Mr Walter Inder, recalled \)j Mr Leary, i said : It is not true that Keenan stated the j farm was the property of Miss Mungovan; I and that I said it would be better to sell in i his own name. He said nothing to lead me j to infer she was interested in the property.. I \ never beard of the alleged sale to Miss Munigovan. Keenan signed the conditions of sale in his own name] Mr Vincent A. Pyke, .being sworn, said: I remember the late Bridget Mungovan. No

account was opened at my bank in her name There was a deposit in her name. Mr Rowlatt objected to this line of exami nation. Mr Leary, he said, had no right to enquire into the private business of others not connected with this case. Witness : I am afraid, your honor, I have said more- than I ought to have done—not being at liberty to disclose the private business of the bank. The Court remarked that it was compulsory upon the witness to disclose all he knew —he would take care witness was not- asked what he should not be. Examination continued: There was a sum of £IOO deposited in her name. Mr Leary : When was this drawn out ? Witness : Must I answer that question, your Honor ? The Court -. Yes. Witness : On the night she died. It was done by her authority on. her death-bed. She told ine to keep the money and hand it over to her sister. I did so. Mrs Keenan was her sister. No account has been opened in the name of the executor or tiustee, nor is there any money in her name now in the bank. Cross-examined by Mr" Eowlatt: Miss Miingovan-directed-this £IOO to be paid to her sister. It was paid in a peculiar way. I' considered.it paid when the receipt was signed, although the cash, was not actually handed over till the following morning. I could not carry about £IOO in my pocket at midnight. Mr Leary: You simply held it in trust for Mrs Keenan ? Witness : Exactly. Mr Leary remarked that this was the worst case he had ever liad anything to do with. The fact of the bankrupt continuing in possession and appropriatingproceeds—the whole property being made over by will to the bankrupt's wife By the Court: The bankrupt stated: I have had the hotel about two and a half years. Miss Mungovan was in my employ about four years. I was managing a water race previous to the hotel business. She was not then in my serviced The whole £3OO she lent me might not have been accumulation of wages—she might have had moneywhen she came from Victoria. Mr Leary, continuing his remarks, said it was to be regretted that" Miss Mungovan-was dead. If she had lived a very different light could have been rendered upon this.- He must say, for his own part, from the examination, he could not place the least reliance upon the bankrupt's evidence, especially 'that portion that conflicted with Mr Inder's.■- Mr Inder was. a credible witness, and was supported by others as to the concealment of the sale. In answer to questions the bankrupt equivocated throughout. He states that in December he assigned everything to~ Miss Muhgovanj'while he was indebted to a host—establishing at once a fraudulent preference. From the evidence adduced, it was "a Veryclear matter of doubt whether Miss Mungo-. van> had any money or no. The bankrupt states that he was her servant at £2 wage; yet,- in the schedule, we find her down as a creditor for £2O wages. He now states he was carrying on business for Miss Mungovan. He certainly incurred debts to the extent of £2OO or £3OO on the false pretence of ownership. ' In answer to the Court, the-bankrupt stated that the £2O down in the schedule was

up to last'settlement in -November or-Decem-ber. . .. •,.,-...-,,?,.- y Mr Leary : Or any. month that would siut.. I wish to point out that,, instead, of .this sale being notorious, it was most scrupulously concealed, which is clearly established by-the evidence of Aitken, Law, and others.- He still continued to sell in hjs own name, showing that the sale was a fraud. I do not believe there was any money due to TiJiss Mungovan, but that the whole was'simply assigned to defraud' the creditors." His assets' are placed in the as 'nil, whereas £145 only is due to' morbgagee r of property worth £2OO or £3OO. He has" caused the trustee to give no information, -so that-'any-thing might be arranged; 'he Has left out'the horse power and-the ecjuity of redemption to' all the property; he has also omitted a statement'of £SO due-to Aitken. It. is the duty - of a bankrupt to make a fair., statement, * which he swears to as correct. < The Bankruptcy Act clearly provides, under-clause 302, sub-section 2—'' that if. he ■ does not truly discover,"?&c; or, under sub-section 3, "if he removes or conceals any property," &c.;. and,, under sub-section P, "if he, with intent to defraud, obtains goods," &c. The Act provides that all these offences are punishable with imprisonment for three or four years, with.or'without hard labor. The mortgagee, by declining m formation

Mr. Kowlatt':, It "was not the case. I was employed-as solicitor. Mr. Cogan is an illiterate man, and I told him to answer nobody, but' to refer any inquiries to me. " Mr. Leary explained that he had it in writing that Mr. Cogan i'efuse'd*o give information. This all pointed to the fact that he had been made a'tool of for the "purposes of the bankrupt. ; I shall ask the'Court'to suspend the-bankrupt's certificate; also for an indictment for a misdemeanor under the Act ;■< also for an order under the 145 th clause and 14th section for the sale of three -horses, three sets of harness; one dray, oats, potatoes, farm at Kyeburn, with buildings and chattels, one plough, harrows, and reaping-machine-; stock of wines, beers, spirits, and furniture at the Ovens Hotel, Naseby, including one sewings machine, and one chest of drawers) fraud nently made' over to Robert Aitken. With regard to the strong presumption of perjury, I leave.that for further question. • Mr. Howlatt said it was sufficient for him to ask that the metion that the order to be discharged be granted ; but with regard to the order for sale asked for, he submitted it should have been notified. The property is now in the third hand.

Mr Leary: No; it is not so. It has merely come back again to its old owner. His Honor remarked that if the bankrupt had come' into Court with open frankness it might have been different. As things nrcit appeal's very hard to refuse the application made by Mr. Leary. From all the evicleice it appears that he was claiming the property. JVtr- ißowlatt was not prepared to say anything on behalf of the bankrupt any more than that the order asked for did not affect the discharge. With regard-to the manner in which he had given his evidence, the hankrupt was notoriously stupid.-

His Honor remarked that it was unfortunate that persons should be so stupid as to, get themselves saturated with other-people's property.. Some of this property—the farm,' for instance—appears not'to be assigned." : Bankrupt:" I thought" it belonged- to Mr Aitken. '- . -~ ■ ■ . .> ■ Bis-JETonor : -It was a curious transaction with' Aitken. This farm, too, which- he ■ would nob have anything to do with, regard- * ing it as a sort of white' elephant. -The horse power also is not assigned; areeyou prepared _ to give it up?- ■'•■"■• Bankrupt: It is in Mr Cogan's hands. The Court: Have yoii not-got possession? Bankrupt: It is at the Kyeburn. His Honor said he did not think there were grounds for a prosecution. He entertained ho doubt that the whole property assigned to Miss Mungovan was concenlcd. As to the certificate, if the creditors ask me to delay a decision until a report has been given by the trustee, as to how he proposes to act, I will do so.; The certificate will certainly be suspended for some time more or less. lam prepared to adjourn the consideration of that till next sitting/ The bankrupt will have to give up all he possesses, or is held, for hirh. If he does not facilitate the trustee in obtaining possession of every portion,- including this property of Miss Mungovan. he will be guilty of misdemeanor. The osder for sale-applied for would be granted. Mr Leary "said that, in order to give the bauki upt-time 1o make some amends and give restitution, in, which case the creditors might be inclined to d al more*leniently"' with him, be would agree to the adjournment of the further consideration of a suspension of certifi" cate.

His Honor said he looked upon the ease as a very bad one. If any creditor attempted to realise lie was told to hunt the &lipper among the different members of the family. Whether the sale to Miss Mungovan was a valid one or not, the case comes under the reputed ownership clause. Keenan said he was worth £6OO or £7OO to one' creditor ' when he was not worth a red penny according "to his own showing. Imay suspend the certificate for three years, and I can also suspend: it'for twelve month's. <-1 will suspeiid'it,- there is'-no-"ques-tion. I may take into 'consideration- such diligence as he may show in- satisfying * the trustee. Formerly this suspension depended upon the creditors, who certified satisfaction or otherwise. It was then found that' 1 a few selfish creditors were in the habit of withhold - ' ing their rianaes—hoping to make a' bargain. Consequently it was now left to the 1 Cotirt. , The trustee' must furnish a report.- "That reJ port will be entitled to the highest credit. - The Court then adjourned.