The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-07-30 00:00:00

RE ITER DISTRICT COURT OF
BANKRUPTCY.

TUESDAY, July 23.: -Wore. Mr. Commissioner

ANIIIMWS.)
Re George Alfred Obiloott, of Stratton Mills,
near Dorchester, miller and baker. This was
an miloarned meeting for last examination and
discharge. Mr. Symonds, of Dorchester, appeared
for the estate, and Mr. Merlin Fryer for the
bankrupt. From the report of the official swipe.
read at the last meeting it appeared that the
bankrupt owed to creditor. unaecured £1.431 2s. 3.1.,
pay.ble in full £55; stilus of property bold by creditor.
£1,237 4.. 34.; total debts and liabilities 12,723 6s. 64.;
amete—debts and goods, £1,384 6e. 8.1.• doubtful.
£134 2s. Id.; bad, £490 17.. 104.; setimated ;else of the
whole, aoo. Property given up and furniture.2oo;l
stook-U-trade CM.; coeque handed to Mr. Loggin.
solicitor, £49 4a.; each given up by Mrs. Chileott,
£745.. Si; grass crops in ground. £150; Weston.balano,
of distress, ES 3s. 8.11.; Green. ditto, £1 16.. Total meets
E 1,728 9.. 4411., leaving • deficiency of £994 17s. 2d.
Bankrupt, in reply to Mr. 13ymon4s,said : I never paid
Mr. Weirton any money on aooount of rent. The I
widow of the Lie Mr. J. Stone held • sale, and I
poraband • quantity of oats and grass, in order to get
my amount for Need wheat paid. I sent her solicitor •
cheque for the balance, but it was returned to me, the
solicitor refusing to allow me to set off my amount. I
then gave Mr. Weston • cheque for the full amount of
my purchase, at the sale. That was du cheque In
question for /111 10a 44. After that I sued the widow
Stone in the County Court. The 600 or 700 sacks of
dour referred to in my previous examination as being
left when I went to America, were stored in the mlii
and barn, and 120 were on the line and Brietol.
There were about 50 sacks at Stratton. The barley,
wheat, oats, and seeds lure at Strattoc also. I returned
from America about the 15th February, and the balance
of £23.. 44. appearing in my cub ricoount was about
the sum in band when I Game home. From that tilDe
up to the date of my bankruptcy my receipt' were
£385 14e.; and my expenditure. including the £llB
taken from the countinirhouse, 081 4.., leaving • ,
balance of £4 10s. I have paid my accountant,
£l4 ; but I have made no payment to my solicitor, Mr.
Weston. I borrowed the matey to pay the accountant
Ever since my bankruptcy I have been dependent on my
friends. When I went to Exeter on the 201.11
the day before the bankruptcy, the tetab box was safe in
the sonatina house. It was in the same drawer which
Symonds had previously broken open on the morning
that be went 'may. That was in February. It WY •
very good job for him that he went when he did. The
drawer was broken open • month before I went to
Exeter. I did not know of the loos of the £llB until
the tommenger's amietant thooveted
. . . . .

By the COmmissioner : I saw the EllB in the ash boi
ea the morning of my setting oat for Exeter. A men
had paid me £lB that morning. The two servants and
children were left in the bons&

Mr. Symonds then tendered the folbwing evidence se
to the manner in which the bankrupt's estate had bees
realised by the creditor's assignee, whose conduct wee
sailed in question at the last examination.
Mr. 'leery bobs: I am the creditor's assignee of this
estate. After the Unkruptey I visited the bankrupt's
farm at Stratton cud Orimstuse, and gave orders for the
cropping of the lend for the Lent crop, which were
carrMd out. I ascertained what the bankrupt's out-
going rights were, end gave instructions for advertise-
ment for vile thereof by tender. Tenders were received,
and I authorised the acceptance of Mt. W. Cbilsott's
tender at £121; which, in my opinion, we. quite its
value. The mousy has been paid into Court.
The Commissioner said it was in respect of the sale
of these rights that the assignee'Boondoot was impeaohed,
not as to the manner in which the clover and trefolium
mud and a waggon were disposed of.
. . . . . . . .

Mr. Symonds understood that the aseignee's oondect
generally had been questioned-
Examination motioned : The sale for the seeds, kit.,
was held by Mr. Bryer, auctioneer. I did not give him
instructions. I believe you (Mr. Symonds) did. I bad
nothing to do with the lotting of the effects. • waggon
was pat up ; I bid for it and 11w.. knocked down to se.
I bid for other things, whir& I did not buy. I had no
eommunioation wi b Br. Brier. The seed was kept in
the top store over the mill, which was note pls. easy
of asses. and at ing suggestion • sample sack of lA.
seed, which was old was pitched in the yard. Tbe
sewn for the seed had priss&luzd the Taloa deteriorated.
I bought the old trefollum seed, which was only at for
crushing or feeding purpose. Old seed of that kind
was worthies for sowing ;it never grew. I bought that
seed slits full value. I saw the store room, which was
'NAIL It was imposible to store 600 seeks in this
room and the mill, and to work the mill at theses.
time.

BY Mr. Fryer: I am • seedsman sad oath's dealer.
I cannot say in what quantities the seed was put up.
The Glover and trefolium were each put up in one lot.
This prevented farmers from purchasing. I was not
applied to during the male to have moms of the lots
divided. Supposing the seeds had been put up in
smaller quantities. I do not believe it would have
realised more. I do not think it would have been
sold. I did not, after 1141 sale, offer any seed to Kr.
Davey at a profit of Id. per lb. The clover seed was
not purchased for me, but I had ths seed after. The
clover was knocked down at 20& or 21s. per owt. I had
It st the same prices. the purchaser. Mr. Dusmr, pe
for it. Denman was adsised to get rid of it, es it
would be no use to him another year, and I offered to
take it off his bands. I don't troller offering Davey
any of the seed at • profit. I never asked him to
make me s bid for it. I think I gave ELI or EIS for
the waggon. My little boy bought a saddle and bridle
acid one pony, and I bought another pony. I
stated to Davey that I hod bought enoogh at the sale
to cloth re from the bankruptcy. I did not put any
stook of my own on bankrupt's land. I sold itorneestthe
to Mr. William Chiloott to go there. The
sheep be., were sold after Chiloott's tender was
asnipted for the estate. I never herd that
bankrupt's wife carried away any plate or other things
Immediately prior to the bankruptcy. I never heard
of anything but the oath box. I have disposed of the
whole of the benkrupt'e estate, except the growing
crops, which will be sold on the land. All the Sutures
at the mill are to be taken by arrangement by Use In-
sewing tenant
The Commissioner: Who has got the warm
now?
Wits...: I hays got it, your Honour. I bought it for
my own use. I thought I had • perfect right to purities
anything at • public auction.
The Commissioor : Then let ma explain to you that
you have no right, and no assignee has any right to
purchase anything belonging to • bankrupt's estate, at
an auction or in any other way, without first applying
for, and obtaining the leave of the Court to do so.
Witness : I was quite unaware of that.
The Commiesioner : I am quite willing to believe
that it was done unwittingly and with perfect boos
fuses; but I wish it to be universally known that an
urger ham no right to do such things. Bach • sours
leads to suspicion, and the creditors and bankrupt are
induced to believe that the best has not been done for
the estate. Noon' connected with the bankruptcy sort
has any right to buy anything belonging to &bankrupt's
1 estate, without express leave ; and any soignee who
does so is HAIG to be ordered by the Court to pay the
expenses of having the things put up for sal* again, and
If they failed to realise what he originally gave for them,
he would have to take them beak.
Mr. Dryer, auctioneer and sheriff's °Meer. said : I sold
the bankrupt's effects, and arranged the lots for
sale. Rome stook had been previously sold under
distress. The lots were arranged In • meaner most
beneficial to tbe estate. Kr. Duke suggested that
I should have sample sacks of the seeds pitched in the
yard so that all parties might see it, and I did so.
Kr. Spired.: Were any complaints made as to the
manner in which the seeds mem lotted?
Wits...: No. On the contrary, miry farmer gave
me rest audit for the way in which I bad conducted the
the sae, and wished me to dart in another line of the
business,
The Commissioner Now you are thing this
gentleman's modesty to • very severe laughter).
Witness: I sr not very modest, your Honour—
(renewed laughter).
William Harris, assistant messenger, was then called.
Hassid: I went to Stratton Mills on 22nd March last
to take poieerion of the bankrupt's effects. Co my
arrival I found two servants, bankrupt's child, and the
baker. Bankrupt arrived roe alter, and told me that
In the ash box in bit ones there was from L'l2) to
£l4O. I wished him to go is the office with
me, bat he said " I want to go into be
village; the servant. Ira*, lames all about
the office and the books." ILr. Cbilooth gave we
the key of the canoe door and two smell keys. The
• servaal eat I west Into the ono loSetiww. I issrebed