§ MR SEYMOUR KEAY (Elgin and Nairn)
I beg to ask the President of the Board of Trade whether his attention has been called to the examination in bankruptcy of Thomas Harrop, an auctioneer at Mexbro', at Sheffield, on 16th May last, and to the serious allegations then made respectihg Mr. Samuel Brown, the Town Clerk of Salford, in regard to his pecuniary dealings with the bankrupt; whether he has observed that the Official Receiver stated on that occasion that he must insist on Mr. Samuel Brown being examined, but that, nevertheless, at the adjourned examination on 12th June, he refused to summon him for examination, although an offer was made by a creditor to pay the expenses for so doing; and whether there is any process by which the said Samuel Brown can be brought to account in respect of his dealings with the bankrupt?
§ * THE PRESIDENT OF THE BOARD OF TRADE (Sir M. HICKS BEACH,) Bristol, W.
I am informed that, in the case referred to, it is alleged that Mr. 890 Brown received moneys from the bankrupt, which he ought to refund, but which he refuses to refund, on the ground that he has a counter claim against the bankrupt's estate. The Official Receiver was superseded by the appointment of a Trustee at the first meeting of creditors, and it is no part of his duty, under such circumstances, to undertake proceedings for recovery of moneys alleged to be due to the estate. That duty now devolves upon the Trustee, who has ample powers under the Bankruptcy Act both for examining the parties concerned and for obtaining the judgment of the Court upon any question involved.