DISTRICT COURT, WESTPORT.

Westport Times, Volume VII, Issue 1067, 29 April 1873, Page 2

DISTRICT COURT, WESTPORT.

(Before his Honor Judge Harvey.) Friday, Aprix 25 Ik Bankruptcy. Be 'Pell and Atkinson:—lnsolvents in person, Mr Shapter for the trustee. This case had been adjourned from the last sitting of the Court for amendment of insolvents' statement of accounts. Mr Shapter now stated that the accounts as amended were still unintelligible, and that the trustee had only vouchers for a portion of the items included. It was admitted that the trustee had not fullv gone through and examined the accounts so far as the vouchers furnished would admit. The Court said the trustee in the fulfilment of his duty ought to have been prepared to make up the accounts, and by order of the Court could have enforced the assistance of the bankrupts. The vouchers and accounts before being brought into Court should have been epitomised and analyzed so that the trustee might state what he did or did not object to. Case adjourned until next sitting of the Court to enable trustee to verify the accounts of the estate.

Be Charles Crowall and Edward : —Application for final discharge. Mr Pitt for bankrupts. The trustee was not in attendance, nor was his report produced, or statement of accounts. The Court expressed an opinion that although in theory the management of insolvent estates bycreditors was good, it was found in practice that such matters were better looked after when an officer of the Court had the management. Case adjourned until next snting. Be William Morris:—Mr Pitt appeared on behalf of some of the creditors claiming that they should have the control and distribution of moneys accruing to the estate. Mr Bowen, as official trustee, opposed the application. The short facts of the case were these. Insolvent had contracted with the General Government to do certain road works, and on the strength of such contract had been been supplied with goods by certain of his credtiors. The contract was not fulfilled at the time specified, and the District Engineer enforced full penalties for the delay. The creditors had however, still given credit to the insolvent, and when he had even tually completed his contract the creditors applied to the Government for a remission of the penalties imposed ; upon the plea that having enabled the insolvent to complete his work they had virtually saved the Government a loss of several hundred pounds which would have resulted had theinsolvent left the work uncompleted in mid-winter. Insolvent had given the applying creditors a Treasury order to receive all inoi>eys coming to him as final payment, and the General Government, recognising the fact that if these creditors had not foreborne end helped bankrupt the cost of the work would have been increased, remitted the fines inflicted to the extent of £384, of which the applying creditors claimed the solo disposition. The official trustee claimed that the money should bo paid to him for distribution as a general ab,set of the estate. The insolvent in examination said: The asset set down in my schedule -as

£1193 12a Id i 3 for worlt done for the Government. Before filing schedule Mr Dobson, the surveyor. Gad Baid he would inflict the full penalties, and would give no order for more money. The assignment produced was signed first by certain creditors who claitii3 altogether amounted to £179 7a 7d, but it was left open for others to sign if they had chosen, so that all might share any money that might becoming. The contract was completed at the time of the assignment, and all the debts on my schedule, with the exception of some small items, were incurred on account of the contract. The contract was finished on the 18th September, the Treasury order is dated the 19th, and the agreement is dated the 20th. My contract time for the work was two months, and I commenced in the beginning of March, but did not finish for nearly six months after. I had six sections to complete, and the penalty was £1 per day on each section, no allowance being made foT detention of work by wet weather. [The Court said such enforcement seemed unreasonable and unjust, and it hardly seemed probable that any judge in a court of law would allow the recovery of such penalty.] The contract price for the work and extras was £4017, and of this I received £3500 in cash. The asset £1193 is made up by charges for work done on two other sections of the road which I had commenced, but which Mr Dobson took from me at 24 hours notice, and for which as yet I have received no payment, although I have incurred liabilities for labor thereon to the extent of £IOO odd, and I have been sued for some of the money. My contract work would have been completed sooner if the original survey had been adhered to, but the line-of road was altered in several places, and one ■cutting of 20 feet was increased to 31 •feet. The road was not open for a long time until after my work was finished, and one section was not let until August. I have never received from Mr Dobson any specified statement of the fines imposed upon me. He merely told me that I should get no more money. Mr Pitt argued at some length the claims of his client to the exclusive control of the money specially obtained from the Government. To this the Court demurred, and said that the official trustee would, by order of the Court, serve notice upou the General Government not to pay the money on the Treasury order produced, but into the general estate for distribution by the Official Trustee among all the creditors.

He Stephen Lowik.—Final meeting of creditors. No claims had been proved, and no creditors being present an order was made for adjournment until the 2nd May proximo.

lie Heiiir axd Molloy.—Order made declaring complete execution of deed of assignment.