BANKRUPT IN DOCK

Sun (Auckland), Volume II, Issue 440, 23 August 1928, Page 9

BANKRUPT IN DOCK

INCURRED DEBTS BEFORE BEING DISCHARGED TOURIST VENTURE FAILS Alan Stewart Blackie appeared at the Police Court this morning and pleaded guilty to five charges of incurring debts over £2O being a person adjudged a bankrupt on November 24. 1921. and not having obtained an absolute order of discharge. The creditors worn* Tonson Garlick. „£s7 ISa.; Gladys Ethel Nicholson. C 60: Klizabeth Moore. £225; Geergv Fowlds, Ltd., £3l lfts Id; and I>aniel Henry Poe. £27 11s 6d. For the Official Assignee, Mr. V. llunnibel said that Blackie had been first adjudged a bankrupt in Hamilton in 1921. His liabilities then were £784 and his assets ISs 9d. At the time he was convicted on three charges of converting money to his own use ami admitted to probation for three years, being ordered to make restitution of This amount, part of £784 owing by him at the time of bankruptcy, was paid otY but the other creditors had received, nothing. Counsel said that Blackie had not received any discharge but had incurred further debts until he was again made bankrupt on June 29 of this year. Mr. Hunnibel then read Blackie’s statement in which the second bankruptcy was attributed to the failure of certain tourist enterprises in which he was interested. The liabilities in this second bankruptcy were £SOO and. of the assets. £350 wus owed to bankrupt by National Tours and would probably never be realised. “Any assets realised in this second bankruptcy,” said counsel, “will go to the unpaid creditors of the first bankruptcy.’* In conclusion, Mr. Hunnibel referred to the serious aspect of the case, which was that Blackie had incurred personal debts though he had been placed on probation and must have known he was not discharged. The excuse offered for defendant by Air. W. A. Beattie was that Blackie had understood that when the term of probation was over he was free from all obligations, and so had not applied for his discharge. Counsel considered it a mistake that any layman in bankruptcy law might make. “Blackie’s bankruptcy is due to misfortune not lack of industry,” said counsel. “If you can keep him out of gaol he will undoubtedly make good and pay his creditors in full.” “What counsel has told us,” said Mr. W. R-' McKean, S.M.. “may be an explanation of the bankruptcy, but it is hardly an answer to these charges.” Blackie was remanded until to-mor-row for sentence.