Re Insolvency of Benedict de Croos

Re Insolvency of Benedict de Croos.

D. C, Negombo, 61.

Insolvency-Certificate of conformity-Offence under s. 151, sub s. 3 of Ordinance No. 7 of 1853-False statement by insolvent in his examination as to his trade-Carelessness and misfortune-Report, of assignee.

A person who commenced a business without being brought up to it and upon borrowed capital; who acted carelessly, rashly, and imprudently in several respects; who did not keep proper accounts, and whose insolvency was not brought about by misfortune, should not be refused a certificate altogether, if he was not guilty of actual fraud.

The Judge is not bound to act merely on the report of the assignee, but must satisfy himself whether an insolvent is entitled to a certificate of conformity or not.

The case of Presslie (1 N. L. R. 321) explained.

The case of a trader is very different from the case of a clerk or superintendent of an estate drawing a small monthly salary, and a Court in the former case should act with greater caution and circumspection before issuing a certificate of conformity which would enable a trader to at once re-commence his trade, should he desire to

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