IN BANKRUPTCY.

Poverty Bay Standard, Volume I, Issue 133, 16 May 1884, Page 3

IN BANKRUPTCY.

(Before G. L. Greenwood, Esq., Registrar.) OnicxAt v, F. Steele. This case was brought by the agent of the official assignee in the estate of G. Beveridge, to recover a cart, harness, and two fillies from defendant. It appears that the debtor, Beveridge,handed over to the defendant the things now claimed in liquidation of a debt due to him (defendant), within three months of filing a declaration of insolvency, which was contrary to the provisions of the Bankruptcy Act. Mr. Ward appeared for the plaintiff, and Mr. Nolan for the defendant. Geo. Beveridge deposed—l am the debtor, Mr. Steele is a creditor of mine. I have had a conversation with him regarding my straightened circumstances. I did not tell him the exact position, only that I was short of money. Mr. Steele’s claim was for labor done at my house. I handed to him a cart, with harness, and two fillies. I only received the old debt, which was £l2. The documents produced are the receipt and sale note of the same. At that time I was pressed by my creditors. I had nothing to offer him but those things, and he promised to let me have the use of the cart when I wanted it. The cart cost me £6 second-hand, I could not say what the fillies were worth. To Mr, Nolan—Mr. Bennett was pressing me. The debt due to Steele was for wages. C. D. Bennett—l am acting as agent in the estate for the official assignee. lam a member of the firm of Graham Pitt and Bennett. The debtor was indebted to that firm, to about the amount of £6. The amount has never been liquidated. I have relinquished all claim to the debt, and wiped it off the books. As a creditor Ido not make any claim against the estate. To Mr. Nolan—Steps were taken to recover the debt. I took out a distress warrant, and seized the horse, harness, and a plough. Mr. Nolan made an objection to the official assignee acting, as he was a creditor. Mr. Ward submitted that by the assignee relinquishing the debt, he was no longer a creditor. Mr. Nolan said that was not so. The Act did hot apply to any relinquishment at all, and no provision was made for it in the Act. Much argument ensued here as to that point. Ultimately Mr. Ward asked the Registrar to leave the matter to the decision of the Judge when he arrived, and after further conversation raised the objection that Mr. Bennett was not the official assignee, but only his agent. The Registrar overruled that objection, but took a note of it. He said he did not feel competent to decide either one way or the other on the points raised, therefore the case would have to be decided by the Judge. Mr. Nolan asked for costs, to which Mr. Ward objected. The Registrar allowed £1 Is. costs.