DISTRICT COURT.

Wairarapa Daily Times, Volume XV, Issue 4903, 15 December 1894, Page 3

DISTRICT COURT.

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By Mr Bunny ■ Knew tho bankrupt bad sold tlic <IOO sheep pnrcliasedjdraf ting them, and in sorao instances lie lost on them, _ It was of the bankrupt's own freewill that tho secured lieu over his crops was taken by witness. Practically speaking, ho understood that at this time tho bankrupt had very little stock on his property. Knew that the bankrupt bad bought stock which he subsequently sold in Masterton at a slight loss, as thero was a drop on cattle all round. Took his solicitor's advice in all matters connected with the security. It was not until after the sale that he became aware of tho fact that certain of tho Carterton creditors were going to oppose his lien. ln answer to His Honor, the witness said he could give no reason for his forgiving the bankrupt tlio £l4 Benjamin Dawson, called, stated that ho was a farmer residing on the Taratahi, ■ Eemcmbered being with Mr Pilmer in the Club Hotel sitting room, when Mr Donovan talked about making a rebate in order to mako clear, tho sale of his property to witness. Tho bankrupt did say something about owing some money to storekeepers in Carterton, which he seemed to treat very lightly. They subsequently went to Mr Gawith's office, and while there, Mr Gawith asked Donovan whether any act of bankruptcy liad been committed. Had heard Pilmer enquire of Donovan what his position was. Chas Frederick Gawith, solicitor,said lie was present with Mr Pilmer at tlio settlement with Mr Dawson in Mr l'owpall's office iu connection with the rebate asked for by Mr Donovan. Donovan gave as a reason for asking the robate,that lie wanted to square up with tho rest of his creditors,who wcro several Carterton storckeopors,and if Mr l'ilmer would accept £l5O ho would be ablo to settle with them. Witness was informed by Donovan that no execution had been taken out nor any act of bankruptcy eommittedX After conferring with Mr Pilmer, li&Sme to the conclusion to accept tho TWiO, and enable Donovan to completers other payments, There was nothing said to infer that Donovan was in an embarrassed position. After the enquiries witness made, he advised Mr ; Pilmer that the security was bad if bankruptcy supervened within four months. Witness was 'not aware at this time that Donovan had been sued by yarious creditors, There was nothing to lead witness to think that HU>onom contemplated bankruptcy. ■HT concluded the evidence. Mr Pownall addressed the Court and quoted "" in support of his case several cases from the New Zealand law reports of decisions given in the Supremo Court, Mr Bunny replied at considerable - length. ' His Honor said one at least of the questions raised was ouo which had not besn settled before in the Colony, and on which he knew of no English decision, and lie thought it would be well to reserve his judgment and give a written decision, as the party whom tho judgment was against might see iltto appeal. I'UULIC EXAMINATION. On the Court resuming at 7.30 p.m., T. J. Donovan was publicly oxamincd, Mr Bunny appearing oh behalf of the Official Assignee, Mr Pownall for the bankrupt, ana Messrs Beard and Acheson for certain creditors. I. J. Donovan, called, said that,ho filed his schedule in November last, and the statement of assets and liabilities, now produced in Court, containing his signature beneath, were quite correct, Ho did not wish to mako any amend- . mcnt of tho statement, The statements made before the Official Assignee, and read, were comet* with the exception ofonc or two items. _ ' Jfis |l6rioi 'hero informed the bankrupt that ho'was ; at liberty to alter tho : jtfadiri# 1 of ' any statements which were coneidefed iijcorroet, 1 ft? (terns were corrected and then - ,:

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