DISTRICT COURT.

South Canterbury Times, Issue 2294, 24 July 1880, Page 2

DISTRICT COURT.

TIMAKU—THIS DAY. (Before His Honor Judge Harvey.) IN BANKRUPTCY. hi vo John King, a debtor. Applica* tion for order of dischargeMr White appeared for the applicant. Mr Tosswili appeared to oppose the application on behalf of the trustees. Mr White remarked that counsel could not oppose on behalf of the trustees ; the trustees must make such application personally. Mr Tosswili replied that when the trustees were also creditors, they were clearly entitled to be represented by counsel. Judge Ward had already ruled this.

Mr White said that so far as he knew the point had never been raised before.

After a good deal of argument, His Honor ruled that a trustee cannot now appear as a creditor, and that trustees arc entitled to appear by counsel. Also that a notice (alluded to by Mr Tosswili) “for other proved conditions” is too vague. Mr Tosswili then applied for an adjournment. His Honor replied that Mr Tosswili had not the power to make the application ; he had no locus sfuncU. Mr White submitted the case could now bo treated as an unopposed application.

John King, the debtor, was then examined and stated that his suspension had been for two years. Mr Green had been appointed trustee, and ho had handed over the books to a man named McGeorgc for examination. His Honor expressed some surprise that the trustee did not himself examine the books—he could not, in fact, delegate his power to another. Mr White suggested that the trustee might not in every case be a practical accountant.

The examination o£ the debtor being continued, he said he had always given McGcorgo every information and assistance. Had never declined to assist the trustees, but had, on the contrary always endeavored to urge on the examination of the books,.papers, &c.

Hr William Storicker, accountant, stated that ho had examined the books of the debtor and found them in a satisfactory condition, although there was no balance struck. The iigurcs were in ink, hut the additions were merely tilled in in pencil. 1!. It. Taylor, one of the trustees in the'estate, appearing to oppose the discharge of the debtor, then got into the witness box. lie stated that (he books of the debtor showed a large deliciency. There wore unsecured liabilities to the extent of £13,000. Another thing he Avould wish to direct the attention of the Court to was the fact that about 1877 Xing admitted a partner to his business of the name of liable. This man put no money into the business, but in twelve mouths he drew out something like’;C1000. He was debited •with that amount in the books.

Mr While remarked that that this might be easily explained. Mr I\amelia d been paid a certain sum for going out of the business. He bad drawn out ,CI I'jn in fourteen months, and not £1(300 in twelve months.

By Mr White —Have never said that I would withdraw my opposition to the discharge. Some further evidence having hecu given,? His Honor granted the debtor's application, and the Court adjourned to July 27.