District Court.

Taranaki Daily News, Volume XLVI, Issue 262, 9 November 1904, Page 4

District Court.

TUESDAY, NOVEMBER 8, 1904. (Before His Honour District : Judge Eyre-Kenny.) —ln Bankruptcy.— 0a the application of Mr D. Hutchen, instructed by Messrs Roy and Wilson, a discharge was granted in the bankrupt estate of Frederick Hallmond. —Onicial Assignee v. Mary Burke.—

Tliis was an action in which the plaintiff, acting in the bankrupt estate of Amin Burke, Eastern trader, sought that Mary Burke should be called to show cause why the amount expended or paid by or on behalf of Amin Durke in, or. towards the purchase of section 68 in the Omata district in her name should not be ascertained, and why s - he should not be ordered to pay amount so ascertained to the Official Assignee ; and why iu the event of the said Mary Burke failing to comply with tie order within such a time as the judge shall limit the Official Assignee shall not be directed to sell the said section ; and why the court should not make a vesting on another order necessary lor that purpose, so that the Official Assignee may retain out of the nett proceeds of such sale so much as may be required to satisfy the amount so ascertained as having' been expended by the said Amin Burke to such en extent as may be sufficient along with any other assets in the estate, to pay 20s in the £ to the creditors of ithe said Amin Burke. The grounds of the summons were (1) that the, said Amin Burke has .within two years before the date of the adjudication purchased the said section in the name of his wife ; (2) that the said Amin Burke has within two years before the date of his adjudication provided money to purchase the said section in the name or on behalf of Ms wife, and on other grounds brought out in evidence.

Mr 0. Samuel, instructed by Messrs Gomett and Quiliiam, appeared on toenail of the plaintiff, Mr 1). Hutchen for Mrs Burke. Mr Samuel, in his opening address, said sbme of the evidence had been taken on commission in Damascus. Mr Hutchen intimated that he would ojojeot.to its admission. Mr Samuel entered into details of Burke's bankruptcy, in which the deficiency was over £3OO, the cause of which was not explained by any extraneous misfortune such as loss by fire. Mrs Bur£e said that she **? ' br ° u ? ht ivom H * ria about idOO, all ,„ English gold, which she put rnto the «roperty, which statement was connbatted.

Aigiuuent ensued as to whether District .Judge Kettle, at the last tearing of the case in February had ruled the affidavits out altogether or simply to allow time for perusal y the parties. A telegram was despatched to Judge Kettle asking .what was his ruling. Mr Samuel called "_ Ernest Gerard, Official Assiew* to. -tix .Aforliern district, who l£f£ b£ jmted -New umes m connection with the bankr Sfted Urk6 V HiS **«* "ad adfflitted a proof of claim by Han . n , ShoWn hi ' dubtor 's stateH„ detoenc y to over £3OO. He had investigated the transacts between bankrupt nab from October, 1900. Bankrupt «* hj, son were working E* was entered inSd'ET ?*»»■* °« the one part and bankrupt and his two sons on the other on February IStTlgoa prior -u, which the senior was pay! mg fas way. yrom that d tak,tb«p un4aa!ffßM „w . j ~ thls amount Uiey liquidated by way of cash, payment* and goods-returned, £236 2 3d Tins to a balance of £417, but when to £142 14s 3d, leaving a difference unaccounted for of £274 os 9d and this assuming that thev hari no proflts The^tockln *.bU tumrture and harness alsn nilind less than valuation * •ftSTS? ,I,fa<l ' 1 by Mr Hutchen : lUere was no mention- of rent in the the debtor's statement »^f Xa Tf ed : He dW not Pro'«« lo show the receipts and expenditure of debtor ; merely the amounts

paid on account of the goods. Amin Burke, who said he was a Christian, and who was sworn on the Bible, though he gave his evidence through an interpreter, said he was a native of Syria, living with his wile at Masrah, being a tunner by trade. His wages were equal to about three shillings per day. He left nine or ten years ago, with his son John, to go to Sydney, remaining there nearly Jour years carrying on business as a hawker. Thence he went to Adckland, coming to New Plymouth about two years ago. He sent for Ins wile nearly tlu'eo years ago. Here he carried on hawking, also a shop business, this being entrusted to the eldest son as neither he nor his wife understood English, nor could they read or write. He brought but a small amount, though he could not remember how much. Of the proceeds of hes hawking he had paid Hannah uersonplly on one occasion, giving the money to his son for remittance to Mr Hannah. He .waa now living on the farm belonging io his wife. He did not know what the property cost. Pressed on this point, witness said it cost £4 per acre, the area being 50 acres. His , wife often mentioned that she wished to buy a farm. He, Ms wife, and son John went out to inspect before the purchase was made. The son, who could read and write, conducted all the negotiations. Theiv were three milking cows, four or live calves, and a horse, mure, and two foals on the land. He had only his wearing apparel.

Cros»examined by Mr Hutchen : He sent money to his wife in Syria, one amount being £4O. Witness was cross-examined at length as to various items of expenditure. He bad no assets except the partnership assets. lie-examined : He had no money when he came to New Plymouth. uypien Hannah, an importer carrying on business in Auckland' lor TL. ? , fourUie a year's, had supplied Burke with goods for about six years. He received from bankrupt a number „f letters (produced) in the handwriting of John, Burke the son of bankrupt. Goods to the value of £677 were forwarded to Burke at X»w, Plymouth, iv > T, ';f h £19510s W aad in returns to the amount of £34 17s 4d. \ fair profit to hawkers was 100 per fW t- Ki lß ,?! me t0 Nctv pl y»°uth on October 7th, 1903, to take stock, which with Burke and his son John he valued at £147 7s 4d. He found there was a very large amount missing. He wanted to take possession but they w o uld not ailow this unless lie gave a clean receipt. He therefore returned to Auckland aad issued a writ.

Cross-examined by Mr Hutchen : He was satisfied with the stocktaking. He denied making the value of thu whole stock, and that young Burke liad expressed disapproval of that valuation. He did not send a countryman to Sjria when tte commission was granted.

John Spencer Stanley Medley, Deputy Assignee for Taianakn, had in his possession a proof of debt (produced) in the estate of Amin Burke, sent in by Messrs Govett and Quilliam. He was satisfied tltat the proof was correct. He had minutes ot the sworn statement oi debtor and those of his wiie, sons, and daughters. He aoticed that bankrupt s statement showed a less amount as due to Hannah than did the proof of debt. He questioned the ™£ !! *?' aS te n«t very well understand the father, and he came to the conclusion that the proof was t/he more reliable The books being in AraJ)ic he verify the statement by these of^r? UtChen admittod the lament John Burke to Brittain and Carthew and Standish and Kerr Mr Samuel here tendered the evidence taken on commission in Damascus.

Mr Hutchen objected on the ground that this was not in accordance with the order of the court, in that neither the British Consul

nor a member of his staff took thi evidence. Even if it were competent for another person to take evidence "'""•o was nothing to show that an> nesses hud l»en called ; further. t there was nothing to show u ,ut there hail been examination or After argument his Honour ruled that the returns were not uiilmisble, on the ground Unit the peron taking the I'vidence was not authorised ; further, that the evidence was not given on oath or ( ffi,,| »"- tion. In I'uct if the parties it he was willing to again adjourn the case and issue another order. Both counsel agreed that the evidense could be done without, and tine case proceeded. This dossxl Mt Samuel's case, with the exception of erne witness, as to affidavits. At 9.55 p.m. the Court adjourned till 9.(it) a.m. on Thursday.