District Court.

Taranaki Daily News, Volume XLVII, Issue 7889, 3 August 1905, Page 2

District Court.

BANKRUPTCY CASES. A sitting of the District Court was held at Now Plymouth on Wednesday ■before His Honour, District Judge Haselden. Two applications for discharge in bankruptcy comprised the business.

—l'roposed Criminal Prosecution.— ! Mr Hutchen applied for an ordti ' of difchai|gu on liehalf ol A-mi/i liurke. bankrupt. Mr Quil-liam appeared to oppose on /behalf of (J. Ibuma, Auckland, the principal creditor. Mt . Kerr, acting on behalf of the Deputy Ollicial Assignee, stated that since notice had ,'i:oen received of Uic bankrupt's intention to apply lor his discharge, fi;e (Mr Kerr), had been going inlo the matter hy direction ol ilia 11.1). A. to see the facts disclosed at the various hearings di<l not, warrant a criminal prosecution iigainst ihe bankrupt under 'the provisions of ihe Act. Some delay had been occasioned through .Having to send away for copies of the notes of gested lhal the application for discharge should 'ba .adjourned. '•Mr Hutchen pointed out that the bankruptcy petition had been filed in November, 1903, mid tl.ie .case bad been dragging along since. He was anxious 'that the matter should be closed, and un order Obtained il' possible. Counsel considered the report of the Assignee vague,. und iui some •instances misleading. Xlo asked that it bo a condition of tnw fidjournment that the D.O.A. furnish a written statement of his objections to the present application. His Honour naif} tnat, the documents and reports placed strong marks lot suspicion against Burke,who was a most unsatisfactory bankrupt. Was it likely that any judge would grant n dischgrge in !the face of the proposed criminal (proceedings ■'/ He thought Mr Hutchen's application should stand adjourned until next Court. Thu palpable points that the bankrupt would probably be called upon to explain were that there was a large sum !,>f money, unaccounted for though then; wus nothing to suggest tfiat he lost any money, in ti-iu .e ; and secondly the highly suspicions fact that his wife had Acquired and improved a farm at Omata.

The application was accordingly adjoiirnod until the graver issue is decided. —A Horse Trainer's Case.— Mr W. Fit/herbert made an application for discharge on behalf of Edward A. Laurent. The D.O.A, explained that, the deficiency Was £241. The assets had consisted of some racehorses which'were .-.old by the holders of bits of Sale, but did not realise the amount expected. The petition was filed m January last. Bankrupt, in reply lo His Honour, staled tll.it he had ' never been a heavy <>elting man. He took tofli'ainiic4 anil owning racehorses about livo yeais ago. If the rncehorses had been sold on t|ic s.'cond. day of the race meeting, as recommended to the secured crmlHors, they would have

brought twice or three times the. amount realised, and this would have met all liabilities. Hy holding tine sale on another date the horses were simply sacriliccd. Witness was not in employment at present. Since, his .bankruptcy hit had been employed at odd jobs.

The D.O.A. stated, ill reply to llis Honour, that hi! had no reason to

suppose the bankrupt ha<l kept back any ascets whatever. Me did not afv

pear to oppose tfic application, 110 creditors IniUins; in an appearance.

His Honour .said ;"i.o supposed horse racing was looked upon as illegiti-

mate these tiines. It, would lie less unsatisfactory for him to grant a discharge if the bankrupt's insolvency had arisen from some less sjwculative and risky; 'business. One did not. look with satisfaction on racing men losing

their -monuy or rather their creditors' money, and coming to the Bnnkmptcy Court to get thieir discharge from liability. Ho had no strai&ht-laced puritanical »i'd«us with regard to horse racing, bu,t it was highly speculative and tr-en circumstanced as t'hv debtor was had no 'business to go into

highly speculative ventures. At the same time his Honour d'id not see his way dear to create a precedent by suspe.jding bankrupt's discharge. The order tor discharge was accordingly granted.