HC Deb 21 June 1894 vol 25 cc1634-5
MR. HEYWOOD JOHNSTONE (Sussex, Horsham)

I beg to ask the President of the Board of Trade if any, and what, person was appointed by the Court in the bankruptcy of Mr. W. E. Warren, late of Iping Paper Mills, Sussex, to represent the debtor, in accordance with Rule 271 of the Bankruptcy Acts 1883 and 1890, he being at the time detained under certificates as a person of unsound mind; if the debtor, or any person duly appointed as his representative, was present at any public examination during the bankruptcy proceedings; and, if not, whether any order was made under Section 2 of "The Bankruptcy Act, 1890," to dispense with his public examination, and upon whose application was such order made; and if the Board will allow the debtor or his solicitor to see the accounts transmitted to the Board by the Trustee under Rule 289, and any Report on his accounts which may be made to the Board before his release is granted under Section 82 of "The Bankruptcy Act, 1883"?

MR. BRYCE

No person was appointed by the Court under Rule 271 of the Bankruptcy Rules to represent Mr. W. E. Warren. No public examination has been held. The sitting of the Court for the public examination was fixed for the 20th of August, 1891, but was adjourned sine die in consequence of the debtor's non-appearance. The examination has not been dispensed with under Section 2 of the Bankruptcy Act, 1890. If the debtor desires to obtain his discharge it will be necessary that the examination should be proceeded with in the usual way. The accounts transmitted by the Trustee under Rule 289 are by Statute open to the inspection of any creditor or of the bankrupt, or of any person interested. There is no statutory right to inspect Reports prepared under Section 82 of the Bankruptcy Act, 1883, but when the Report is prepared in the present case it will be considered whether an inspection of it can be permitted.

MR. HEYWOOD JOHNSTONE

May I ask whether the estate of an alleged lunatic is liable to be administered in bankruptcy without any person being appointed to represent his interest, or without any communication to the Judge in bankruptcy or the Lord Chancellor?

MR. BRYCE

The question does not arise out of my answer, and I think notice should be given of it. It does not appear from the circumstances of the case, so far as I can ascertain, that any injustice has been done.