DISTRICT COURT, WESTPORT.

Westport Times, Volume V, Issue 830, 27 June 1871, Page 2

DISTRICT COURT, WESTPORT.

IN BANKRUPTCY. Saturday, June 24. (Before His Honour Judge Ward.) IN RE EDWAED SMYRK. The bankrupt failing to appear, the case was adjourned until the next sitting. Protection withdrawn. IN BE J. A. M. TtTRNEU. Mr Pitt appeared for the bankrupt, and Mr Home opposed on behalf of' the creditors. The bankrupt, sworn, stated that he owned, prior to filing his declaration of insolvency, certain property in Moles worth-street and Freeman-street Westport. He had purchased this property some time back at a total cost of £SUO. la July, 1870, the encroachments of the sea had reduced considerably the number of habitations in that portion of the town, and for that reason he decided to move the Niagara Hotel to Palmeraton-street. During this time he was receiving rent from cottages on the property, also £lB per year from Mrs Parsons, £26 from Parker and Garsides, £2B yearly from Miss Johnson, and rent also for the Devonshire Hotel and other properties at intervals when tenanted. The whole of tins property, with the exception of the Niagara Hotel, had been made over to the trustee of the estate. On September 7th Ito settled the letter on his wife and children, and he wa? solvent at that time.

Cross-examined : My debts in September last did not exceed £BO. I do not believe Whyte and Pirie sued me until after the date of the settlement of the property. The copy of the summons produced shows thai the service was effected on September 6. I

owed Munson money at that time a small portion of which is still owing. I also owed Falla £4O, but the whole of that has been since paid. The book produced is the only one I kept, and I swear that the entries were not all made at one time. I obtained judgment from Lane for £l3 Bs. My solicitor drew the money, and that is the reason my cash account is not debited with the receipt. I see that cash is credited with the amount as a payment to my solicitor. lam quite certain that I was solvent when I settled the property upon my wife. I owed Mr Heid £ll, having guaranteed some printing for a person named Goldstucker. I was asked to pay the money several times, but put it off because it was inconvenient to pay, and also because I resolved to get the money from Goldstucker. I sued him, but I could not get the money. I did not discover my position until early in February. Between September and February the property in Molesworth and Freeman streets had greatly depreciated ; a large amount of book debts which I had considered good I was unable to collect, and the hotel business in Palmerston-street was nothing like so good as I had anticipated. These were the causes of my insolvency. Mr Home contended that the bank, rupt was insolvent whgn the settlement was made, and that it was done merely to defraud his creditors. He should pray the Court to set aside the settlement. With respect to the book produced, it bore evidence of having been prepared for the purpose of concealing the true state of his accounts. He was satisfied that all the entries had been made at one and the same time. for the purpose of presentation to the Court. Mr Pitt having addressed the Court, His Honour made an order that the insolvent's property should be sold, and his certificate suspended for eighteen months without protection. IN BE EOBEBT AND JOHN HENDEBBOS. The bankrupts had been sent back from the previous sitting to enable a report to be furnished by the trustee. The debts were £574, and the assets consisted of mining property assigned to the creditors. There were no debts proved and there was no opposition. Order of discharge granted. IN BE MICHAEL M'MAHON. In this case no debts had been proved and there was no opposition. Discharge granted. IN BE ALEXANDEB CAMPBELL. Mr Pitt opposed on behalf of the creditors. The insolvent was put back, owing to the statement of receipts and expenditure not having been filed until the 22nd in place of ten days' previous to the final hearing. Adjourned until the next sitting. The Court then adjourned sine die.