DISTRICT COURT.

Taranaki Daily News, Volume XXIV, Issue XXIV, 23 May 1902, Page 2

DISTRICT COURT.

BANKRUPTCY. Thursday, May 220d.-Before his I Honour, Mr District Judge Kettle.

APPLICATIONS FOB DISCHARGE. 1 Be Henry Ruvell, He b*k"r ■ f N w J E'lymout!.', uikl now ( I Stiatfoid.- Mr \ Hu»he-i appe.rtd for applicant, who was grunted his discharge. lie John Abbott, tii-smitb, New Plymouth. Mr VVtston *ppe*red i" sup- J port of the application. Mr flutch n _ opposed on b.l'df cf Messrs Briscoe j and Company. B nkrupt was ix-| aniined but no f.esh ho s elicited, j With regard to hi* wife's property, he j S'id she had a boirding-houw and two! co'.tag*s, but did not ktow wha 1 ; money she had. Thought: no', much. ll'j could st*ta thife the creditors look j .£2OOO worth of his piopjrky, and he I owed only £\ 300. His Honor called for the bankrupt's books, which were pr< duced. Charles Tuobridgo euid he commenced to kenp the books four or fiva yr-ars ago, when he w:s 19y>'ai's of i H.id no previous experience A'so as- j sis'ed in -hi shop. His father h-lpod io kepiug the bo,ks. The cash book was ncvoi' balanced. The bll book showed the liabilities, but not aR to Briscoe and Co. or 1). Berry and Co. Entries isi the c-inh io;k were randdj direct. Pcty ci'h wis paid out of thi till. j To Mr Hutchen: The ac:'oun's in , the bilger as to Sole and Movty i-'M not ', show the actual transactions, h'o far as he knew trade>meu'« acejun'sowiog by his father were nit p»id out of the business. His Honor said bi bo'ie-ed the wit- j had dine his best to keep the bojfos, but the question wis wh'th r it j was right to employ a y-u-ig fellow j with no experience for such pup s°. I E. Gerard, DO.A., said the books] wero kept op to the average of thw I class of tradesmen's books. I To his Honoi : He coiwidored that an experienced accountant c mid from the books as they were kept strike a a balancj at iny fixed period. Bankrupt's books were all that was required but they had not t;een properly k«pt. It was impossible for a young nun without experince to ksep books properly. James Butterworth gave evidence hs to Mr and Mrs Abbott being hardworking frugal people. Mr Hatchen submitted that the financial transactions between bankrupt and his wife wero of a fraudulent nature within the terms of the Act, aud a r> solution had been passed by the creditor* to institute a prosecution, but this resolution had bean recently resciuded. Also that on the ground of extravagant expenditure the discharge should be withheld. Mr West.ju i eplied. Banltrun'. said, in answer

to his Honor, thii if bis wit'e't tstate whs realised it. would produce « few hupdreds beyond the encumbrance on it. His Honor said he had some difficulty in dealing with the e*su. He was sitlsfisd there wis no c u-e to Hu-.puoj anything in the shape ot fraud ion the bankrupt's part, He was alsa ! satisfied that the busine-s had been > carried on honestly and wiih ability, and no slur rested on the bankrupt. ' At the same time he was to blame for ! omp'oying an young i fellow t3 kaep his bouka, but there wis no reasm to think the books hid been improperly kep 1 ; no a* ti dtceiye the creditors, and there was no ground for inferring fraud. A difficulty was cm,ed oy the business baing m<xed up with the boirding hou3<-, and there : being nothing to show how much was takenout of the business for the boirding ' house. "J he la'o D O.A. had tugleeted to make ihe investigation ac.oiding t>>! the resolutijoo passe J by i h-j ere ji to is ' That resolution had ne»n re*'ind*d, and the dissentient credit.is contended there had been no opportunity of going into tha whole thing so as to rank" up lheir minds whether any attack should

be mnde Jfo Abbott. Under these cin-umstauies ic was desir.ibli to »'ve an opportunity for investigating, nnd it would bi batter for iho binkript hiinsjif to have th* iuvoatigatiou made Tha application for d sol arge would therefore ba adjourned for thies montlis. D 0.A.: I understand that unksg 1 am moved Co take ac ion that I do nothing further. His Honor : That is a<\ and in face of the resciadiug resoluiiou the dissentient creditois will have to binr the cos:; of the inquiry if aad?. Junt before the rising of the Ouurt his Honor iutim*ted that he considered Mr Hutc'aeti'd clients should make up their minds »vi h n a month as to <a»ing action agaiu»t Mrs Anbuit, nnd he therefore umda the following order: - Thut the order of dieclurge should issua at the end of a month from tha present time, unkss Bri-eoe nnd Company take action us o t< e mvi stigitioi l , which wouid be at their own expeuse. KELKASISQ ORDIES. Oil the appiiwation of iho D.O A. rahasiug or,!ers "ero giMnxed :o him ti the e Mt s of F. W. Wads and F. T. Austin. Tl.e Oo'.u't tho'i lose.