PROLONGED BANKRUPTCY.

Wairarapa Daily Times, Volume XIII, Issue 4111, 12 May 1892, Page 3

PROLONGED BANKRUPTCY.

Joseph and Emma Ingley. 'Another Adjournment In the District Court of Bankruptcy this {Thursday) morning, before His Honor District Judge Eobinsonjoscpb and Emma Ingley, who,over,two years ago, were declared bankrupts, made application (or their , discharge. Mr B, Acbeson appeared for tho bankrupts, Mr Bunny for the Official Assignee, and Mr H. Btratton-lzard ' for certain creditors, Mr Aoheson, on oath, deposed that lie had notified the whole of the creditors by postcard of tlie intention of the bankrupts to apply for their discharge ta this sitting of the Court. Mr Bunny said the estate of Emma Ingley could not have been declared closed, She had not como up for pubho examination. Mr Aoheson : The public examination in both cases has been declared closed, : . His Honor stated that this bank' . tuptoy bad taken so many turns that : it was difficult to understand. His : notes extended over several hundred pages. There bad also been a change of Official Assignees since, the case came Deforo the Court, and the Clerk of the Court (Mi- Freeth) was absent through illness. Mr Acbeson pointed' out that the estates of the two bankrupts were really one. Mr Stratton-Izard: The public oxamination of the bankrupts has t been declared closed, but has the bankruptcy been declared c'osed ? His Honor: That appears to he the question. The Clerk stated that he bad lit record of the closing of the bank' ruptcy, Mr Acheson mentioned that be ha< been advised by the Clerk of the .• Court that the bankruptcy had beet declared closed. His Honor; Have you the letter' Mr Acheson: I have not, you: Honor. His Honor: Was the communica tion in writing ? Mr Acbeson: It was. His Honor ruled that the bank ruptcy had not been declared olosed It was then ft question whether thi application for a discharge could b . entertained. Mr Stratton-Izard i The applica tion would not be opposed if Mr Ingley had been examined. Mr Acheson: If any other perso had made the suggestion ! woul [' have replied, but from you, Mr Izarc \ I expected better; you ought "t know the cironmstances of the case. Mr Bunny stated that without th assent of the majority of the creditoi the bankrupt could not be dischargei Mr Acheson; My friend then saj that the bankrupts will never obtai their discharge. Mr Bunny.: Not without theasssi of tho creditors. Mr Acbeson: But supposing tin assent cannot he obtained. : Mr Bunny: My friend knows pei fectly well the circumstances of tl case. The bankruptcy is a disgracefi one.

Mr Acheson; We only have the authority of yourself on that point,. His Honor: The only thing that oan be done is to adjourn the applies,- i im sine die until the bankruptcy ia 3t declared closed. - \ au Mr Acheson : But supposing tho Official Assignee does not apply for tho bankruptcy to be declared dosed! ~ Mr Bunny; Then it can be olosed ( with the assent of the creditors. Mr Acheson: And if the assent cannot be obiained we remain without our discharge for the remainder of our liV'S. ■ ■ ■ Mr Bunny: And quite 'right too. £ Mr Stratton-Izard: The oreditora r will give their assent as soon as they see something in the estate. Mr Acheson: It will be somewhat of a joke if we find that the bank- J ruptoy has been declared olosed. ta His Honor: It certainly will, but if I have- no record of it, 1» . Mr Stratton-Izard : 1 cannot see how it possibly can he, Mr Acheson : I am satisfied tho bankruptcy is closed, or I should never have applied for a discharge, J His Honor • I will fix the next sitting of the Court for the hearing of the application. '