IN BANKRUPTCY.

Nelson Evening Mail, Volume IX, Issue 16, 19 January 1874, Page 2

IN BANKRUPTCY.

Saturday, January 17. In re Geokge Silcock, of Spring Grove, laborer, a bankrupt. On Friday, January 9, Mr. Pitt obtained nn order for the re-hearing of the bankrupt's application for his order of discharge, on the ground that the orJer had been obtained on improper evidence, Mr. Acton Adams now appeared for the bankrupt, to renew the application for hi* discharge ; and Mr. Pitt for George Hopgood, the opposing creditor. Ihe bankrupt was examined by Mr. Pitt who called as witnesses, in support of the case of the case of the opposing creditor, G. Hop-, good, \Y. Foster, and Gt. Andrews. The c:ae was a small one, the total amount of bankrupt's liabilities being only some £29, of which £20 Wfis a judgment debt due to Hopgood. The principal transactions complained of were the removal, by the bankrupt, of most of his furniture just before his bankruptcy, and handing over a wire and foal to his bro-ther-in Jaw, and .i rifle to his father. Mr. Pitt an I Mr. Adams having addressed the Court, His Honor said: I eh all deal with the present case on broiid grounds. It appears to be quite plain that proceedings in bankruptcy have been taken in the present caae solely ■with a view of getting rid of his liability to one particular creditor. The bankrupt conceives thrtt this debt is not justly due, but it has been recovered by ordinary legal process, and he is therefore not entitled to tsike the position which he has assume'l. He comes here to get rid o' a creditor whom he is very well able to pay, for I can hare no doubt as to his ability to pay, it is only a question of time. The statute, however, does not enable me to deal with cases such as this on as broad grounds as I should wish, It is a simple abuse of the Act to come to the Court under such circumstances ns the present, Moreover I have strong doubts as to the legitimacy of some of the bankrupt's transactions, such as the removal of the furniture. This net though not of a very great practical importance, aa the bankrupt wou'd in any case be allowed to retain hi? furniture, gives a color to the proceedings, and it is a, question whether it was not sin attempt to put the property out of llopgood's way. As to the mare and foal, this look» very much like a family arrangement, and the story about the rifle is so queer that I cannot give credence to it. I have great doubt on all these point?, and if looked afc strictly from a legal point of view they might constitute misdemeanors. I do not, however, think at present there is sufficient evidence to support a criminal charge. _ The only conclusion at which I ciiu arrive is tint tho bankrupt seeks the aid of this CourS solely to get rid of one particular creditor. I shall therefore use my somewhat limited powers by delaying the bankrupt's order of discharge for twelve calendar months. I cannot say that the bankrupt has been proved to have been guilty of any specific offence, but in my opinion he is certainly not entitled to an immediate order of discharge, which must therefore be suspended. Ao I have already told the bankrupt, when he gets the order it will only relieve him to the extent of 10s in the pound; and if I may {uveaword of advice to his friends, who appear to be well to do, they had better come to a reasonable settlement with the creditor. The opposing creditor must be allowed his costs out of the estate. His Honor, at Mr Pitt's request, gave tho opposing creditor leave under section 49 of the Bankruptcy Act, to issue execution against the bankrupt.