DISTRICT COURT.

Nelson Evening Mail, Volume XV, Issue XV, 22 November 1880, Page 2

DISTRICT COURT.

[Before His Honor Judge Broad.] On the motion of Mr Fell, letters of administration were granted to the Rev. J. C. Andrew in the estate of his late wife. On the motion of Mr Fell, letters of administration were granted to G. F. Frank, and R. Stewart in the estate of the late Jacob Franks Re T. S. Wymond's Estate. Mr Pitt made application for an order to restrain the National Bank from proceeding with an action against Thomas Stocker Wymond. He said that, on the sth November an affidavit was filed by Mr Wymond, who, on the following day, executed a deed of assignment, and in every way complied with the provisions of the Debtors and Creditors Act so far as related to a deed of arrangement. On the 15th he was served by the National Bank with a writ under the Bills of Exchange Act. What object the Bank had in view he could not tell, as it was clear that they could not proceed with the action, as the hands of individual creditors were stayed until tbe whole body had decided what was best to be done. Mr Fell, for the Bank, said that they were acting under instructions received from the head office in Wellington, issued, he imagined, with a view to ulterior proceedings against other parties. He could urge no reason why they should not be restrained from proceeding with the action. His Honor said that the Bank would have to come in with the other creditors, arid granted the order as prayed. Re Golden Point Mining Company. On the application of Mr Barmy, an order was granted confirming the appointment of W. E. S. Hickaon as liquidator for winding up the affairs of the Company at his office in Wellington. lie Johw Utrange, a Bankrupt. Mr Fell applied for the bankrupt's discharge, and Mr Pitt opposed on behalf of Mr Adam, one of tbe creditors. The trustee in his report stated that tbe liabilities were £69 Os 3d, of which £9 7s 9d was secured, leaving a balance of £5U 2s 6d, the assets being nil No books had been kept, and he was of opinion that tbe bankrupt merely sought the protection of the Court in order to get clear of his debts. Mr Fell : A very common thing with bankrupts. The Bankrupt, examined by Mr Pitt, stated that he had been through the Court about ftix or seven years previously. Hia wife died after a long illness some three years ago, at which time and since then his dabtt were contracted. He had two children to keep. He had a mate named Porson, who shared the receipts with him. His earnings did not average more than £1 a week all the year round. He borrowed £1 to pay the expenses of filing his declaration of insolvency. Mr Pitt said he bad been instructed by Mr Adam to oppose, as he did not believe in the affected simplicity of the bankrupt, who had once before got whitewashed by the Court, and now sought to have the process renewed, thus making others pay the cost of his living. He had paid Adam no rent nor anything for the use of a net hired from him, and,, while his partner paid bis way, he ran into debt. He looked upon the Court nierfly as a means of getting rid of bis liabilities, a belief that certainly ought not to be encouraged. The fees of going through the Court would amount to some £6 or £7, and this should have gone to the creditors If he had borrowed money to pay the expenses of filing be might have done so to pay bis creditors. If he could not make a living at his present occupation he should try some other, and not endeavor to live upon the credulity or benevolence of others. Mr Fell said there was no reason whatever for refusing the discharge. Bankrupt's debts had been contracted owing to his wife's illness, and while he only earned £1 a week he was saddled with liabilities amounting to some £60. He was sued for one of his deb s, and as the only course open to him sought the protection of the Court. Something had been said about his partner paying his way, but there was no evidence of this, and for all they knew be might be in debt or living on the earnings of his wife. What would have been said of the bankrupt if, as Mr Pitt haJ suggested, he had borrowed money from others to pay his present creditors, knowing all the time that he could not repay the money ? He asked that he might be discharged. His Honor said there were twenty creditors, and Adam was the only one who bad attended the meetings. He was rather surprised, considering the fact that the bankrupt had only so recently gone through the Court, that so many should be found to give him credit.. There was no evidence that he had been earning more than he Btated and putting by money, or of his having lived extravagantly. He seemed to have been laboring under a dead, weight of debt contracted in conaequence of his wife's illness, of which he had not been able to get rid. iThere was a pood deal in what Mr Pitt had said that individuals should not be encouraged to run up debts as quickly as they could and jthen go to the Court for relief, but there was no evidence of that having been so in the present ense, and be saw no sufficient reason for refusing the bankrupt's discharge. Discbarge granted.