The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-01-26 00:00:00

Legal.

COURT OF BANKRUPTCY, Basinghall-st., Jan. 19
---
(Before Mr. Commissioner Evans.)
COLONEL WILLIAM PETRIE WAUGH OUTLAWED.

The bankrupt, a brickmaker, trading as the Branksea
Clay and Pottery Company, was also one of the direc-
tors of the Loudon and Eastern Banking Corpora-
tion.
. .

This was an adjourned examination meeting.
Mr. Linklater, for the assignees, said that the act of
bankruptcy upon which the proceedings in this case
were founded was his absconding, as the assignees said,
to avoid his creditors. The bankrupt had remained
abroad from that period to the present. It had been
represented from time to time that it was the intention
of Colonel Waugh to afford such information as was re-
quired by the creditors as soon as the state of his health
would permit. It was under these circumstances that
that he (Mr. Linklater) had been induced to consent
on former occasions to the adoption of a more lenient
course of proceedings than otherwise might have been
pursued. Upon the last occasion Mr. Commissioner
Fonblanque ordered an adjournment, with the consent
of the assignees, but said that some very strong evidence
must be brought to induce him to believe that Colonel
Waugh's absence was not voluntary, but from ill health.
Upon the present occasion he (Mr. Linklater) proposed,
in the absence of certificates, not that the sitting should
be adjourned sine die, but that a memorandum should be
placed upon the proceedings that the bankrupt had not
surrendered to the adjudication. Whatever might arise
out of this course the bankrupt had brought it upon
himself. The case had been before the Court for
several months, and it was incredible that Colonel
Waugh had been necessarily detained abroad in conse-
quence of ill health. Colonel Waugh had been travel-
ling about the continent for a considerable period of
time, and there were doubts as to whether he was in
Spain at the time the letters produced upon the last
occasion were written, although the letters in question
were dated as from the coast of Spain. The inconveni-
ence of the course adopted by Colonel Waugh was evi-
dent, for the creditors were kept without that informa-
tion which they required, and perhaps it would be
necessary to go to the directors of the London and
Eastern Bank for the requisite information.
Mr. Lowrance, for the bankrupt, said he did not
think he could resist the course suggested, he (Mr.
Lowrance) being unprepared with evidence that could
satisfy the Court with reference to the absence of his
client. Colonel Waugh might at some other time and
place, if necessary, satisfy other persons as to the
cause of his absence. He (Mr. Lawrence) was without
any such instructions as ought to satisfy the creditors,
and he only attended the meeting out of a feeling of
respect for the Court. Mr. Linklater had questioned
the fact of Colonel Waugh being in Spain at the time
the letters produced upon the last occasion were written;
but upon that subject he thought his friend was mis-
instructed, because the letters were not only dated from
Spain, but also appeared to have been posted in Spain.
The question was, however, whether he could satisfy
the Court as to his absence. He confessed he was not
in a possition to do so. He had received several letters
from Colonel Waugh breathing anxieties for his coming,
and he had received a proposal from him to pay the
creditors 2s. 6d. in the pound on the Ist of July and
Is. 6d. furtherin December, and he might say that he was
instructed formally to lay that proposition before the
creditors. He had, however, declined to do so unless
the requisite funds were placed under such controle as
he could satisfy the creditors that they would be availa-
ble for them. He hoped this would be the ease in the
course of a few days, but he did not wish to make a
proposal which he bad not the means to carry out.
The commissioner then acceded to the suggestion of
Mr. Linklater, and the bankrupt was afterwards pro-
claimed an outlaw in the ordinary form.