The Westport Times. TUESDAY, JUNE 14, 1870.
The Otago Chamber of Commerce, after a careful consideration of the amendments required in the present Bankruptcy Law, has suggested a number of provisions that it is thought would go far to remedy the defective working of the present Act The Committee considers it desirable that miu piliiuipic IUUUUUCCU IU LU UIB -Eiflglish Law, in accordance with which the debtor cannot petition the Court on his own behalf, should be adopted in this Colony ; and to obviate the chance of distant creditors being jeopardised by the change, it is suggested, that all creditors should share in the proceeds of an execution, levied within thirty days of bankruptcy ; the right to petition for adjudication to be granted to any creditor or creditors whose claims, separately or jointly, amount to £SO. The desirability is also urged of granting no discharge, except by consent of creditors, unless the bankrupt's estate realise a dividend of 10s in the £, and in the case of debtors who are in receipt of salaries or wages it is recommended that a part of future wages should be made liable until the above dividend is made up. It is also urged that after adjudication of bankruptcy the law coats, incurred on the debtor's account, should not be made a charge upon the estate, and that where fraud was manifested, the prosecution ought to be at the public expense; and the onus of proving himself unfortunate and not dishonest, should lie upon the bankrupt. The foregoing suggestions are among the more important that have emanated from the Dunedin Chamber, and in conformity with which it is sought to obtain an amended insolvency law. The proceedings in the District Court in its bankruptcy jurisdiction recently concluded at Westport, presented, we should imagine, a totally different phase to that which either some who applied for their discharge or the public generally had anticipated. It became apparent that, even under the working of the present bankruptcy law—in spite of the alleged facility with which it had been always maintained the dishonestly inclined might avail themselves of its protection the Court could be rendered the very reverse of the comfortable sanctuary that popular delusion had conceived it to be. It was pleasingly evident that Mr Harris in his position as Provisional Trustee purposed some thing further than the mere nominal fulfiment of his office, and he discharged the duties with an efficiency and zeal that cannot be too highly commended. Indeed, the severe ordeal and examination to which the various" bankrupts were subjected, while doubtless, satisfactory to the honest but unfortunate insolvent, must certainly tend to deter others from recklessly taking the benefit of the Act in order to avoid payment of liabilities which, if honestly disposed, they might very well meet.
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Westport Times, Volume IV, Issue 671, 14 June 1870, Page 2
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465The Westport Times. TUESDAY, JUNE 14, 1870. Westport Times, Volume IV, Issue 671, 14 June 1870, Page 2
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