DISTRICT COURT.

Thames Star, Volume IX, Issue 3024, 24 October 1878, Page 2

DISTRICT COURT.

THIS DAY. (Before F. P. Fenfcon, E«q., District Judge.) IN BANKRUPTCY. BE W. H. YOTTHG. Mr Dodd applied for the final disehcrge of bankrupt to which there was no opposition. W. H. Young, sworn, deposed—l have given up all my property. * I Order of discharge granted. i BB JOHN O'KIBLL. ; In this case, which was heard yesterday, His Honor delivered the following important judgment :—" I think that bankrupt filed his declaration of insolvency, not with the view of obtaining protection from the Act, nor for the purpose of causing a just and frugal division of his property amongst his creditors, but with the view of depriving Mr Mcllhone of the benefit of his judgment. At the time he made his declaration of insolvency he had assets sufficient to satisfy all his creditors, end the offer made by Mr Deeble to lend'him immediately money to discharge the execution, placed him entirely at ease, as to the most economical mode, of procedure. He seems, however, to have been inspired with a strong feeling of revenge, I might almost call it malice, against Mr Mcllhone ; and he avowed to Mr Deeble that he had no intention of doing any of his creditors except Mr Mcllhone, and he was determined not to pay him i 5 it cost him £50. The result of this determination is that an estate which could have paid all creditors in full, will scarcely pay anything to any of them. Now it appears to me that the bankrupt has been using an Act which was intended for the benefit of insolvents and their creditors to the great injury of. persons to whom he owed money. He has in faot made it serve as an instrument of private revenge. Although not a technical fraud, this is to my mind a moral fraud of the most egregious character. I cannot conceive any conduct much worse than that which converts the laws of our country into an instrument of wrong and oppression; and I feel bound to mark my sense of bankrupt's malfeasance. I have the power to make such order as I think fit. The extreme limit of suspension of. a discharge is three years, and I think t ought to approach that limit at lipst, but I desire that a locus penittntia, should not be denied, and, as this is .the first case of the sort that has come before me, I order application be adjourned to the Court that shall sit here next after the expiration of 12 months from to-day, by which time it is possible that the bankrupt may have endeavored to remedy the mischief he has done, when he may renew his application. I. may add that if at that time there is no .evidence, of honest efforts having been made, my present mind is that he shall have no benefit from the Act which he has abused, but that his discharge shallbe postponed for a further period of two years." , . . --. \ Mr Miller applied for the costs of opposition out of the estate, which was granted.

BB /OHH F. AHLOUK. In the matter of this bankrupt, who obtained hiv discharge yesterday, Mr Brassey applied that the costs of the bankrupt's solicitor be paid out of the estate. Granted. CABHBH T. TINIPOAKi XSI> AVOTHXB. Claim, £72, posts a^d rails supplied. Mr Brassey for plaintiff. Defendants failed to appear, and Mr J. B. Mason, bailiff, proved the service of the summons. Thomas Cashen proved the debt. Judgment for plaintiff for amount claimed, and costs £7 3s. GILBEBT V. COCKS. Claim, £100, damages for alleged illegal removal of furniture by defendant from plaintiff's house. Neither party appeared, and the case was struck out. Court adjourned.