DISTRICT COURT.

Mount Ida Chronicle, Volume V, Issue 259, 20 February 1874, Page 3

DISTRICT COURT.

Friday, February 13th, 187 i •

% (Before Ms Honor Judge "Wilson Gray.) "IS. f THE MATTER OF ROBERT KEErPAN, A BANK—''"Final Examination of Bankrupt, and Application for his Discharge.—This matter had been adjourned from last sitting (in November, 18. 7 3) to the first day of tins sitting. At the last sitting, Mr. Leary, the Trustee, had attended from Dunedin, to oppose the discharge,- and'had moved the Court for an ad- ? journment to this sitting, which was granted. ' The bankrupt was examined upon that occa- • sion at considerable length, as also were several witnesses. We have already reported the evidence very fully. ,0n the first day o£ this sitting (Wednesday last) the case,, on the - motion of bankrupt's solicitor, was adjourned to this day. The bankrupt was now present. Mr. Row- .•' latt, solicitor, appeared for Mm. ' •»>. The Trustee did not appear, nor any-of the, , creditors

The Trustee's report wasread„ which reported that sufficient had beea realised from, the estate, to pay the creditors a dividend of twelve~and sixpence in the pound. The bankrupt tendered himself for further examination.

' His* Honor said that he had this morning read over carefully the notes of the last examination, and all the evidence then taken,., and he did not wish to ask the bankrupt any further questions. The Trustee's report * showed that there would be a good dividencLfrom the estate. The report, although—except as to the amount of the dividend (which. . was but little owing to any merit of the. bankrupt)—it had nothing to say favorable: to the' bankrupt, said nothing to suggest a, suspension of the certificate, and did not absolutely complain of any conduct of the bankrupt.since the last sitting. His- Honor took. it, therefore, that the Trustee did not oppose the discharge, and no-other person now appeared to oppose it. He presumed the creditors were satistied by the favorable character of the dividend. He could not, however, pass over the circumstances of this bankruptcy without more or less marking the Court's opinion of the bankrupt's conduct. He could not now review this conduct at any length. The bankruptcy was quite unnecessary; and if the bankrupt had not endeavored to withdraw his property from the. reach of his creditors, his estate would have paid them 20s. in the pound. Although the. creditors did not now oppose the discharge,, he thought the Court could not wholly overlook the bankrupt's conduct. He would therefore suspend the discharge, but would, deal leniently, and suspend it only for a short period. In consequence of the adjournment, from last sitting there had already been, practically a suspension of some months. This he would take into consideration, and he would now suspend it for one month additional. His Honor founded the suspension on the bankrupts preference of the. creditorAitkeri. Discharge suspended for one month from this- date.