IN BANKRUPTCY.

Temuka Leader, Issue 1153, 18 March 1884, Page 3

IN BANKRUPTCY.

At the District Court, Timaru, yesterday, His Honor Judge Ward presiding, Mr White appeared on behalf of Peter Sinclair, a debtor, Temuka, to apply for his discharge. Mr Clement appeared to oppose on behalf of Messrs Slee, Manchester Bros., and Goldsmith, Hunt, N.Z. Woodware Co., and the Trustee. A discussion took place as to the legality of the opposition, notification of which had not been given. The point being waived by the debtor’s solicitor, Mr White stated that he had been informed that the Trustee had been prevailed upon to lend his name to the opposition, while he really had no ground for opposition on his own part. George Bolton, the Trustee, being sworn, said that he had signed the document stating that the bankrupt had given up all his property to his creditors and in every way complied with the requirements of the bankruptcy law ; but some creditors had represented to him that they had been led by the debtor to expect certain payments from him which had never yet been made. Personally he was satisfied that the debtor should get his discharge. After His Honor had made some remarks, Mr Clement said although it might be said the debtor had no means, he had a salary, and the creditors ought to get a portion of this at least. His Honor said he could find no clause in the Bankruptcy Act under which any such application could be granted. The property of the debtor at the time of his filing was of course the creditors’ when he filed ; but clearly his earnings were his own. If out of his future earnings an honest man chose to devote a certain amount to the payment of his debts, well and good ; but assuredly the Court could not order such appropriation of his earnings. The order of discharge could not be withheld for any reasons yet adduced. The debtor was examined by His Honor, who then granted the application, Mr Clement still pressing for a suspension.