Sheffield Daily Telegraph – Friday 02 December 1921

Judge On Mexborough Miner’s Conduct.

An application for discharge from bankruptcy, of a very unusual character, came before Judge Adshead Elliott, at the Sheffield Bankruptcy Court, yesterday, end his Honour, in refusing it, made some strong remarks.

Applicant was John Hayes, miner, 283, Wath Road, Mexbro’, who filed his petition in March last year, with liabilities amounting to £58 , and assets 10s. 8d. In 1917 he was co-respondent in a divorce suit, and his only creditor was the petitioner in that case, who obtained judgment against him for £58 costs.

Mr Philip Howe, for the debtor, said he realised that his discharge from bankruptcy would not affect his liability to pay the amount referred to, but he wished to be discharged in order that, if he should desire to start in business, he might do it without incurring any criminal liability. He was unable to pay the costs at present, as he had no money.

Debtor, in answer to the Judge, said he filed his petition to prevent a judgment summons being issued against him for the costs referred to. He had since married the respondent in the divorce case, and she was carrying on a business as fruiterer in Mexborough Market.

His Honour said there were cases where one’s sympathies were entirely with the bankrupt, who might have been the victim of misfortune. But this was no such a case. It seemed to him that it was nothing but an abuse of the process of the Court for a man to file a petition in bankruptcy to escape costs, especially in a case of this description, and then a year after, to apply for his discharge in the hope that those costs would never have to be paid. If debtor had an offer to make, that those costs or a substantial part of them would be paid, he might be inclined to grant the discharge. As it was, he did not think he ought to have any sympathy with the debtor, and he refused the application.