328
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S M I
Report, 1897 — continued.
Sarjeant, Frederick Arthur. (Digest of his Evidence)—continued.
loans from the Southern Counties Deposit Bank for which he gave two promissory
notes, and, eventually, a bill of sale, 37,55 et seq. Legal proceedings in connection
with the distraint levies on Barrett’s goods, after some instalments had been paid ;
allegation that the bill of sale had been obtained through fraud, the action having been
settled by the payment by the bank of 105/., for costs and damages, 3762 et seq.
Scobie, Mackaij John Graham. (Digest of his Evidence.')—Witness is official receiver
in bankruptcy for Hereford and Leominster, 1367-1369.
Particulars respecting the bankruptcy of William Barrell in 1896, he having had
three transactions with Messrs. Fieldings, Limited ; total payment of 135/. by Barrell,
he having received 125/. the balance still owing being 76Z.; 1370-1433. 1482
Bankruptcy of two of BarrelFs brothers at the same time, 1373, 1374 Reduction bv
witness of the proof of debt, for purposes of dividend, from 761. to 58/. 18s. tiri.;
further reduction, on litigation raised by Fieldings, to 501. 3s. tod.; 1415-1433.
Explanations respecting the twenty-third section of the Bankruptcy Act of 1890,
as being easilv evaded and unworkable, in respect of the limitation of the rate of interest,
for purposes of dividend, to 5 per cent. ; amendment suggested, 1415-1425. 1447-1458.
1516-1523 Consideration of the legal right of lenders as regards allocation of the
whole ot the payments to interest, this holding good only in bankruptcy cases, if it has
been made before the date of the receiving order, 1434-1443. 1452-1355.
Recommendation that the rate of interest be clearly shown on the face of the
promissory note, instead of being stated in a lump sum, 1455-1458. 1478, 1479
Proposal as to instalments being applied in reduction of principal as well as of interest,
1458-1466. 1516-1523 Suggestion as to the registration of professional money
lenders charging above a certain rate of interest, 1467. 1540-1552.
Great hardship when borrowers once get into the hands of money borders, 1468-1471
Advantage if the bankruptcy court and the county court could apply some check
upon enormous rates of interest, 1471—1477.
Information as to the case in bankruptcy, of James Barry, of Abbey Dore, who paid
to Isaac Gordon (alias B. Edward') 110/. for interest in about three years on a loan of
50/., the proof of debt having been for 55/.; 1480-1495 Summary of the case of
Alfred Lewis, w ho paid to Isaac Gordon a total amount, of 1,717/., having received
about 1,105/., and still owing at the time of his bankruptcy 890/.; 1496-1517. 1538,
'539 Very high rate of interest charged by Gordon upon a loan to Mr. Hope, 1524.
Suggestions in favour of a line being drawn as to the rate of interest, above which
the rate charged should be deemed usurious, 1525-1538,
Scotland. Very few loans made by Fieldings in Scotland; thev have had no action there,
Samuel 2228-2236 Discontinuance of witness’ business in Scotland owing to the unfair
operation of the law of hypothec, Gordon 3104,3105.3371-3387 Inexperience of
witness as to lending in Scotland, Kirkwood 4159-4163 See also Summary Diligence.
Secrecy. Great desire for secrecy among borrowers, witness respecting this feeling as
much as possible, Gordon 3200-3211.
Selection of Cases ( Hate oj Interest, Sc.) Difficulty of witness in satisfactorily proving
his list of charges if he is limited to the production and subslantiation of only fifty
selected cases; amended list of cases under different heads, witness proposing to select
ninetv-lour out of 574 cases. Farrow 487, 488 Several selected cases submitted in
proof of the enormous rates or interest charged for loans, ib. 660-717.
Sheffield. Discontinuance by witness of his former business in Sheffield but without
having been driven away from the town ; reference hereon to a coroner’s inquest several
years ago upon two elderly people named Osborne whose deaths were said to have been
hastened through harsh treatment by the Sheffield Deposit Bank in enforcing a bill
ot sale, witness knowing nothing about the matter, Kirkwood 4237-4251.
Documentary evidence and explanations in connection therewith respecting the deaths
at Sheffield, in December 1881, of an aged couple named Osborne, witness submitting
that he thereby entirely refutes the insinuation that he was responsible in the matter,
Kirkwood 5234-5249.
Shepherd, Ebenezer. Repayments to the amount of 71/. by a man named Ebenezer
Shepherd, to whom witness had advanced 15/.; endeavour of witness, nevertheless, to
commit Shepherd to prison in respect of a balance due, the court, however, having
refused to commit, Gordon 3284-3296.
Smith, John, C.B. (Digest of his Evidence.)—Witness is Inspector General in Bank
ruptcy, many money-lending cases having been brought under his notice, 3583, 3584.
Frequent failures of Welsh farmers through the very high rates at which they have
borrowed money, 3585-3587——Explanation of three different modes of evasion of
Section