The District Judge's Opinions on the Bankruptcy Laws.

Thames Star, Volume XI, Issue 3672, 1 October 1880, Page 3

The District Judge's Opinions on the Bankruptcy Laws.

Judge Williams says :—" In England bankruptcy is still thought a disgrace. Here it appears to be considered, by many, more in the light of a good joke. Our.r present system is thoroughly demoralising ; it encourages rascality, it places, the .honest trader at a disadTantage, and causes enfertnous pecuniary loss to the community." District Judge Harvey, in advocating the granting of a summary power of commitment for contempt in cases of prevarication on the part of a bankrupt and witnesses, says:—"ln my opinion snch power would be of the greatest assistance in checking what I must characterise as the most frightful amount of perjury which at present exists." The District Law, Society of Dunedin considers, that if it is practicable " a provision should be made to prevent debtors in insolvent circumstances and on the eve of bankruptcy, from making vain efforts to save themselves by throwing themselves in the arms of usurious money leaders-the 60 and 70 per. cent. men." Disirict Judge Kenny considers that "bills of sale should be made void as against all creditors under a bankruptcy when given for future advances or for a passed debts—another name for a fraudulent preference. A bill of sale would then only hold good against bankruptcy creditory when given lor an actual present advance of money." This' Judge also considers- that "the landlord's privelege of distress should be wholly abolished." It is a barbarous service of fendalism. . District Judge Weston considetßj, v thß.t " unregistered bills of sale are cruel instruments, and a curse," and "a rather lengthy experience as a practitioner and judge " convinces him that but little benefit is derived by the holding of the instrument, whilst ruin in most.cases result to the giver, and great loss attaches id the unsecured creditors." With regard to " deeds of arrangement,'' Judge Weston considered they are a cloak to cover inquiry when perpetrated upon a large scale. The small dealer, without friends, with an empty chest, is compelled to file and submit to an examination; whereas the reckless, and often dishonest mevchantj with funds to pay a small composition, and aided by a solicitor of influeac^ and, manner, can invariably cdilecit a! small meeting, of creditors and obtain the 'sanction of the majority to a deed of arrangement and a release. In this', way he escapes an examination, and possible punishment, the fate of the man less favorably circumstanced. District Judge Broad, 'bn the contrary, thinks "'deeds of arrangement should be continued. They sometimes enable desirable and convenient compositions to be made which L could hot be by other means." District Judge Mansford, "could never n^ver understand why, in the colonies the landlord's power of distress for rent should be psrmitted. He ought to be treated the same as the butcher or baker."