DISTRICT COURT.—Yesterday.

Thames Advertiser, Volume VII, Issue 1859, 8 July 1874, Page 3

DISTRICT COURT.— Yesterday.

(Before T. Beokhah, Baqt., District Judge,) ; IN BiNKiiopror. Eb George Cbokeb'. —In this case,the liabilities were set down at £590 13s SJ, and the assets at £6, leaving a deficiency of £581 13s sd.—Bankrupt appeared to pass his final examination and apply for his discharge—The bankrupt was examined by Mr Macdonald, who then read the report of,the trustee in bankruptcy, from which it appeared that bankruptcy was caused by losses in business and mining speculations- -No creditors had proved, and there was no opposition. — Tho bankrupt was discharged. • Re William Heney Poits, —The bankrupt wa3 a miner. His; liabilities were set down at £5515s 6d; assets, nil. — Mr Dodd appeared for the bankrupt, who was examined'as to the truth of the state, mcnts which had been made.—Mr Dodd then read the report of the trustee in bankruptcy, from which it appeared that bankruptcy was attributed to losses in contracts; for the last six months he had been in work at £2 8s per week, aid had paid a large amount of his old debts.— The Court said that he could not see the reason why he should come into the Court for such a small amount, or why he did not arrange to pay. his creditors week by week a proportion.—Mr Dodd said that it was against the bankrupt's wish, but he was threatened with gaol. He had a sick wife and children, and if >he lost his present situation ho would not perhaps be able to obtain another.—The Court thought the creditors must be very unwisoto drive him into tho Court, for the Win which it cost him would pay a dividend.—There was no opposition, and the bankrupt reooived his discharge. Be Edihwd Wade, Stobekeepee.—> The liabilities were £<M 1 9j Ojd, and the assets £110 Is Id, leaving a deficiency of £3317s 11-3-d.—Mr Tyler appeared for tho bankrupt, and said that the report of the trustee was n,ol, he was sorry to say, before the Court. It bad been prepared, but as the usijal fee had not been p:iid tho trustee would not allow it to be produced.—Mj" Macfarlane, tho Trustee, in Bankruptcy, said'that he would throw no , obstacle in the way. Creditors and solicitor had come down from "Auckland to oppose, and he would not, let tiis own private interbsts stand"' in ' the way. -Mr Tylor said that he was quite unprepared for this extraordinary liberajity 011 the part;of, tlie trustee.. It was the first instance 110 had over..known of the kind. He was not awaro of it, and tho bankrupt was now away trying to got the two guineas to- pay'Mo fee. — The Court allowed tho case to stand over for a time. When bankrupt appeared -the hearing of the case was - resumed.— Mr Tyler appoared for the bankrupt, and Mr Thorno- to oppose on bohalf of the Auckland creditors, flit Tyler read the rejort of tk ia-Baaictuptoy,

which was as follows: —! he Trustee's report stated that bankrupt was a storekeeper in fxrahiimitown, having a shop of his,own, subject lo a rent of £16 -10s per annum, These premises were offered for sale by me, but did not realise the quarter's ground rent due and expenses. He stated that from the current trade having left the district in which tthese premises were situated his business'fell off, and one of his creditors having sued him, he was compelled to file his schedule. Before taking this step, he endeavoured to effect an arrangement with his creditors, but they declined to do so, not.being satisfied with the statement of his affairs laid before them. I have since looked into the statement as filed in the Court, and have endeavoured to get the books of the bankrupt to assist me in this, but I have only been able to get one book, and that book has evidently . beon written up shortly before he filed his'schedule, and the book or books from which it was so written up aro stated to have been destroyed. This book only contains a list of accounts said to bo due to tho estate. He kept do cash book, and his statement of receipts is made up from the accounts which'he paid, the one balancing the other. On looking, at the claims of the creditors filed with J ine; T see that he omit's from it goods received from Brown, Barrett, and Co., to the amount of £56 2s 9d; D. McPherson, £29 12s 10; and he has paid D, Stephenson and Co. £10' which is not entered in his statement; clearly showing that his statement is either falsified or made up with culpable carelessness. He then examined the bankrupt, who deposed: I am the bankrupt before the Court. I have filed lists of my. creditors and statements of my property, all of which I believe ;to be tr.up. IJonly kept one book, and."it is' not 'true that I ! destroyed any book. The book I, kept was an account of goods supplied to different persons on credit. Onjthe 30th November I was indebted £58 lis 2d to Brown, Barrett, and Co. On; the 13th of May, 1874, it appears by the list that bankrupt was indebted to Brown,.Barrett,! and Co. r in £110 15si '1 Id.) . That sum included the sum owed in November, 1873. The same sum appeared on the nest statement when filing a petition for adjudication.—Mr Tyler said that he drew his Honor's attention to this because it was stated in the report that a sum had been omitted. It was omitted from the final.statement, but it could not have been from a desire to conceal his position as it appeared in two. statements previously before the Court.—Esamiha"tion resumed: On the 30th November I owed D. MacPherson in the sum of £31 la 31: I believel had'goo from him' amounting to £5 since then, but it is incldjled in the £31 Is 3d.-The Court pointed out that ■ ,both, <Jtatemeata ! could not be correot.-Bankrupt withdrew the last statement. He was only indebted in the sura of £31 Is 3d to MacPherson altoTyler drew attention to the fact that there were four statements shdwing this indebtedness, although the trustee's report said it was omitted, tie (bankruot) remembered paying a sum of £15 to Stephenson and Co. since November,'.but he had omitted that from his statement as he .could not find Mr Stephenson's; accQunt. Before , filing, he i was- pressed for 'money 1 by Joli'n' Buchanan, one of his creditors, and by Brown,Barrett, and, ; Go.. He,,told Mr Buchanan that he would pay it if he got time, but he pressed him four times in one day, but he afterwards said he would give liira .time.He (bankrupt) ".sent to Mr Maj ir to call ameeting' of his creditors in Auckland. At that meeting, through Mr Major, bankrupt; offered to £[ive up his store, stock, and book debts, Sad to give his assistance in collecting the! book debts. He also stated that he would do nothing dishonourable towards the: creditors if they desisted from anythijig of tho like towards him, that he would not go into the Bankruptcy Court, and if he succeeded in any future undertaking he would pay the ; balance. They, refused after sending an agent to take stock. They wanted tho. stock and storej but refused to give a receipt for it, and he declined to hand them over without a receipt. After that he was summoned by one of his creditors. It was a debtor's' summons out of the Court of Bankruptcy in the Supreme. Court, commanding him to appear in Auckland on a certain day.- Tiiereupon' he .filed a declaration of insolvency. It was that pressure which caused him to seek the protection of the Court. He delivered | over to the trustee everything he had in. the worid escept the furniture, which -he was allowed to keep,'and had placed the; whole state of his affairs before the Coiirt. There was nothing concealed' that he' knew,of. He carried on business about, five years, and-had dealt' with most of his now creditors during that time, and had paid them from time to time large sums of money. Up to the end-he paid them as he got money to pay with, and the day he was sued he had .not a ten-pound note. He' was married, and had five children. He was not estravagant in any way, and the cause of his bankruptcy was the falling off in business at his store. —»By. Mr Thome: I remember having a conversation with Mr Brown, Mr Owen's clerk, relative to books. He asked me to show liim the book, which I-did. That is not it produced. The book 1 showed him is filled iu^and^destroyad—jriiai-pefutmua-books were also filled in and destroyed as 'waste paper. The entries in these books were made day by day, and the book now produced is made up in the same manner. This book has been .in use about three months, since shortly after Mr Brown took stock. The accounts still owing were transferred to the new book before the old book was destroyed. The book immediately preceding this one ; was filled in. There were two or three entries made in it after Mr Brown saw it. I never told Mr Brown that I would not show my books to anyone, even to my wife, and if Mr Brown says I did I won't believe him. This is the only class of book I used in my business.—Bankrupt was then examined as to the omissions in his final statement and the indebtedness to: Macpherson. (Macpherson's account' was placed in his hands, from which it appeared that some of the goods were supplied between December and February.) I know I got the goods and owe the money, but cannot say whether they wore supplied on tho dates referred to. He offered to give the goods over to Mr : Brown if he gave him a receipt for them. He oxpeoted, in consideration of his handing over the stock, &e., that the creditors would give hiraacleju receipt, but if Vfr Brown had given him a receipt for the goods he would havo handed them over to him. There were no goods removed from the .store before he filed his declaration of insolvency. My liabilities on tho 30th No vember were £266 0s 3d, ftnd now are £4119 i o|. Thoy htve jncreased during the ' last sis months about £175. Ho paid pash for his homehol'd expenditure, butcher; baker, draper, S&oi ■ Bankrupt was then esainined as to his assets.-- iamuol Oarey Brown osimiued, deposed that he was bookkeeper to. (J v

end of last, lie was seut down by - the creditors in Auckland to try to mako _• a settlement of, the estate. ; Iherehad 1 been a meeting of tlio creditors in Auckland, and Mr Owen was appointed a trustee. The meeting considered Wade's offer, and decided that witnessi' ; should come down and take stock, and take Wade's books. He took stock of Me Wade's goods, and then asked for the books. Mr Wade showed him a book of accounts. It- was a fair copy-book, not an original book; that was his impression. It represented debts duo to Wade, with particulars. It was written only on one side of the page. There was plenty of room for other accounts;; the book was not filled. He questioned Wade about the accounts, as to where the people indebted were, and he made metnorandaof his answers on the fly loaf opposite each ■ account. Ho found inaccuracies ■in his statements. He said ono persoia had gone v . to Auckland ; eighteen months ago, and found goods debited to.him within >three or four months of the then date. In another c&?e. he ..said; a . m,mJiad.gone to.jQueensland, who was debited with goods . „ a few days before. : He then refused to examine.the book further, and told .Wade unless he.showed fitness his true books,-> it was no. use in h'Wm.'i • going'- 'pn.--Witness pressed this point, and. Wado admitted that the book was copied from v' something else'. He then, asked why he ' would not show his current hooks. Wade replied thpy ;wgre.ngt fit to bejseen, thatsonietimes himself and . sometimes his wife' made, entries in them, aijd ..'that*;ho ,; would show them to. no one.Witness , then asked;whether..he kept ai cash account. " He -said, .'-I have not;oi why should I keep- a cash- account, are notiny 1 bills sufficient." I had pre?iously- ! mado tho , ;offe.r_.to__Wade_that.if ho,.would.giyo up his books, his goods, and all that ho possessed, the would grant him a release if ,on .investigation they found ( ~ thai the failure Wnot a fraudulent onei ' and : added that;lie Would 'have to,furnish > better accounts and 'let them havo-his- • books. The letter to Mr Wade from Mr. iOwpn embodied this offer." Waiie said that his baainegp/dwiadled ayvay.fjr/JD.hera was: nothing said about giving a receipt, for the;goods/i';WaidWid-not askforone. f H ■; lie {would' not give up the goods except £ he got an indemnity, absolving him from ,*>■.. ■■■■: all his liabilities.—iohn Buchanan' doposed that he had an interview with Mr Waiie. regarding his-liabilities. Wade . intimated that he ojald not pay his credt- - - tors'. Witness, asked him ,to nuko up a statement of the goods he had received . for the last sis months* and the moneys he had. paid,; together, with an estimate of,, tho value of his stock, and if he could give them an honest and intelligable state- ; mjqt he was sure, speaking on behalfofthe creditors, that they, would take areason- . v ; able olfer'as they -had uo wish. to throw • 1 "• away the estate in'the Bankruptcy' Court. About ton ;dayd; elapsed* and Wade did. nothing in the maotor,; find with tho knowlodge of tho creditors, Mr Owen took a writ out for the purpose of getting that statement 7 add prevent the estate .■■■.. being wasted in Wade's hands. .He saw-;.: , y Wade after but could get no satisfaoliohv' ' , The! whole object of Wade appoarcd to be ..." to get a release from, his creditors, and v . let jthemiget their amounts how they'could. . Witness took tlli3 trouble to pre- : ; ; - : - vent it coining into the Court at all. Witness was in Wade's shop early ;ia, May. Ho was in this habit of visiting Kim; ' once a fortnight.He was in the habit of keeping a good stock. Witness could only tell generally as ■to the value of the • stook. Witness had some experience of retail business, Selling sis gross of matches in three months would be doing, , a good business in , that branch. If he i/V ■ sold the other goods he refers to ho would ". consider Wade was' doing a good business : > , , for a shop of that kind.—Air Thorno'thea addressed the Court, contending chat tho bankrupt was not entitled to his discharge. He did. not come before the Court with clean hands.—Mr Tyler i replied to Mr Thorae's 'arguments, and; contended that nothing had ; been shown which would lead .-the . o'ourt to suspend the bankrupt's* discharge.-? The Court said of course they', musV bo'guided by the evidence. ~ He" thought that in regard to; the sections regarding fraud the evidence was.not sulfi- , cient to bring anything' the-bmkrupt had !done within the meaning of : those secbuthe was afraid tneevideuce was - - too abundant of the bankrupt not haviug ;.h. kept proper books; When amm lived . on credit he should keep p'roper books, if '. - not he'would com j under that. seotiou of • the Act, and ho thought; the intent was , approved by Mr Brown's evidence. Ha was'also quite clear that lie oame under the Il9th. section, of the Act., Ic was plain he ought to have kept proper books,: and'if only for that alone he was not enti- ' tied! to ainy.consideration. , The Court % did inot think he was eutitled to his discharge, and it would depart from its duty • . if it did hot suspend bis certilicato for a year. Ho would do so in this oase. Its Samuel Xoim—Mr Macdonald made application the estate of : : samuel fouug iu accordance with tho :■ 9th and 10'ch sections ot"the Bank-; ruptcy Act; , 1868, . for an order of the . . Court vesting the estated in the Provi- ; sional Trustee in Bankruptcy. He pro-; duced the necessary affidavits, and the order was granted.