DISTRICT COURT.—YESTERDAY.

Thames Advertiser, Volume VII, Issue 1847, 2 September 1874, Page 3

DISTRICT COURT.—YESTERDAY.

(Before T. Beokhaji, Esq., District Judge.) W BANKRUPTCY. Ee Samuel Young.—The bankrupt appeared for the purpose of passing his last examination and applying for his discharge. The liabilities were £589 3s Hi and the assets £302 17s 6d, leaving a deficiency of £286 6s Id. The assets had only realized £108. MrMaedonald and Mr Brassey appeared for the'bankrupt, and Mr Tyler to oppose on behalf of Ryan, Bell and Co.—Mr Brassey read tho trustee's report. —Mr Macdonald stated that the opposing Council had no intention of proceeding with the application made for removal of the trustee. He would not have mentioned the matter only that the public were made acquainted with the fact that there was a charge preferred against the trustee of devastating the estate. Tho devastation of the estate was only incurring legal expenses, but these expenses augmented the estate to a considerable extent. It was, he believed, on this account that tho application was withdrawn.—Mr Tyler said he used the term devastation in its technical sense. They had no desire to impute improper conduct to the trustee, and the necessity for the application not now existing they withdrew it.—Samuel Young deposed: The statements produced are the final statements made by me, and are, to the best of my knowledge and belief, true.— By Mr Tylerl carried on busines as an hotel keeper in the Court House Hotel, I entered the premises in March, 1873. I purchased .the stock-in-trade and good-will from Ryan, Bell and Ca., incurring a liabilty of £285 14s 4d, for which I gave certain bills. To secure payment of that, I gave the bill of sale mentioned in tho trustee's report. The bills which I gave were not met. At the time of entering on that business I had a business in Auckland which I sold some time after, about 3or 4 months. I sold it for £260 cash. I paid Ryan and Bell £110. It was they who sold the business. Mr Seccombe was paid £110 or £115. Tho £260 went to pay debts incurred in keep-, ing the Waverley Hotel. It paid up all tho liabilities within a few pounds. The time I started business in the Court House Hotel I owed tho £284 to Ryan, Bell arid Co., and about £8 remaining of the Waverley debts. I thought I would have been able to make the house pay, but I found out it did not. Ryan and Bell induced me to take it. The bills were payable 3 and 4 months after date. There were 3 bills neither of which was met at maturity. Tho business was not up to my expectations. In January, 1874, my liabilities had increased to £395 12s. On July 2, 1874, I had still further increased my liabilities to £589 3s 7d. I had been gradually increasing my liabilities up to the time of filing my declaration of insolvency. I found after purchasing the business, stock, &c,, that t had not value for the money. I first came down to look and found thatthe value as represented was there then. T then returned to town and got Mr Bell to reduce the cost £10 or £15. While he was there he signed the receipt note. Mr Beil came down to take possession of the house from Mr iVluir. When I returned I found that Mr Bell had allowed Mr Muir to take most of the furniture. I was dissatisfied. It was then that the reduction was made. I asked them several times to take the house off my hands, but they would not do so. They induced me to remain in it, and said they would not press for the money.—Bankrupt was further cross-examined on the statements filed. He had no books except his bank book. His receipts were £387 18s 6d while in the businoss. The cause of his bankruptcy was the depression in business. He ordered goods two days before he filed, but he had no inteution then to file. He sent £25 in a letter to them on that day to pay for the license of the hotel, and he enclosed a cheque for £15, to be presented a week after. He had no notion then that Ryan, Bell and .Co. were coming down to take possession of the house. He then told Mr Bill that there was no rum or brandy and Mr Bell said that the stuff would be down next day. The stuff was sent for the benefit of the house. Mr Bell refused to allow him to take his wife's things when he took possession. He said, " Now file your schedule, but keep us out of it." —After a lengthened examination by Mr Tyler, bankrupt fias re-examined by Mr Macdonald, who then applied to the Court to say that bankrupt had passed his final examination.—Mr Tyler addressed the Court.—The Court ruled, that he had passed his final examination.—Mr Macdonald then applied for the bankrupt's discharge.—The Court was of opinion that the bank book should bo before the Court. It would be more satisfactory to adjourn the proceedings until next Court day.—Mr Tyler addressed the Court, opposing the bankrupt's discharge. He contended that he wa* not entitled to the order of discharge, inasmuch as he

had delayed filing his schedule, and for other reasons which he ptated, amongst others that he ordered goods which he could have no reasonable expectation of being able to pay for according to his own showing, and on the general ground that the bankrupt had carried on business which he knew was not paying. Another ground was that of undue preference to some creditors, and the fact that he had not kept proper books.—Mr Macflarlane produced the bank book, which had been sent for. He had compared the entries made, and they corresponded with the statements filed.—.Mr Macdonald replied

to Mr Tyler's arguments.—The Court commented on the fact of the bankrupt not having kept proper books, and said that if the Court was not to show by its act the necessity of complying strictly with the rules instead of carrying business on hopelessly, the Court would be departing from its duty if it did not withhold his discharge for three months.

Ke Jacob Jung.—The bankrupt appeared to pass his final examination and apply for his discharge.—Mr Dodd read the trustee's report. The liabilities were £493 12s. The assets, consisting; of book debts, were £'313, leaving a deficiency of £180 123.—There were no opposing creditors proved. The bankrupt was discharged.