At the sitting of the Bankruptcy Court here last evening a lengthy discussion took place between Messrs Bunny and Pownall and His Honor Judge ICettle as to the admission of the evidence of witnesses at the public examination of a bankrupt. Learned counsel contended that the exami nation of a witness was allowable when it would assist in throwing light on the affairs of the debtor, and showed that the Act contemplated such a procedure by giving power to Magistrates to take evidence in connection with bankruptcy business. His Honor pointed out that the section of the Act relating to the power of Magistrates, the clauses of which he himself drafted, was only intended to apply to witnesses residing at a distance, when the debtor had committed some offence, but the Act did not provide that evidence, other than that of the bankrupt, should be given at the public examination. On the present occasion he would permit it, but it should not be taken as a pre cedent.
Masterton, April 3.
