The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-05-01 00:00:00

Da* to the bankrupt .

191 14 8

- -
If this stiitement be not correct, let the agreement,
which is so carefully congealed. possibly for some snobs*,
pippin% show it to be otherwise. Let it show, if it
will. &het ti. work r na-mari was to have the pel:ry mem
of 40i, a week for labour of himself and family, whilel
the capitalist was to take the re-it of the Profit.. • Not,
until it bag been proved, I shell contend that he hae an
equal right with his partner. Next, ea to the eiliciencr
of the bill of sale, let those who seem to know but little
of the law applicable to it, hear what able writers (I
need not gratify them with names) state cm the subject.
They say .—" It seems that where • trader haw mut-
mitted an ILA 01 bankruptcy (for crumple, &alining all
his present property as • surety for en antecedent
' debt') more than twelve mouths before the petition
for adjudication (which -as the ease here], such assign-
ment, although not an sot of bankruptcy for the per-
pose of supporting an adjudication, may yet be an net of
bankruptcy for the purpose of rendering • deed a fraud
upon the creditors, and as cosh ' void' And 'no tans
action,•bioh, of Wien', oonetitutee an act of bankruptey
is protectod ; the °Fleet (of the act) being to protect
transactions to themselves • valid'''. This Is such Plain

commou sense, aa welll-is good law, that one Pear
&oppose none but the lutereated Mr. Rolls &nil his
solicitor, wo•ld venters to doubt, much he, contend
agsiest it. But even menacing they ere both right.
then comes another stumblinghlook for them. For, by
U.. Brikrept Acts, it is enacted that:—" If any benk•
met, at the time he becomes bankrupt shall, to the
eonsent and permission of the true owner thereof. have
In is porosities, order or disposition, any geode or
chattels whereof be was reputed owner, Um omit shall
have poster to order the same to he sold for the bereft
of the ereditors rider sh• baakrupecy." Now, not ouly
were the goods included in the bill of oak (gives for an
antseedeat debt), hot also the the, which was Cot
inoladad in it, and which was both, at and after the
histikruotcy, daily being made op into bread. clearly in
U.. order and diaper ion the bankrupt as the "Ira.
owner," he being of the firm of Mun&v and f'st., and
therefore as clearly within the above ensetimmt. And
so stringent is thi• law that, oontinsed the teamed
authors referred to, "the far that possession by •
mortgagor is consistent with the iszpreas provisions of
the deed of mortgage, in no respect offsets the applies.
roe of the law, or to reputed owoership." Wu T then
such • bl-ekheael as those who wished to snake me one,
I. oohing this court to treat the hill of ars as " void
against creoliase," and to order • side for their benefit
of both the dour and effect• under the above sections?
And is it not rem that the self -appointment of Mr.
Rolls, or sole aatignea, was to Oro hinseelf on the
anomalous position of csilusg upon himself to account
as partner with himself so &risme, and of conte-sting
hi. own claim under the billet ssle against his right..
assignee?
Nothing can be more manifestly absurd ; nothing no
clear, as that • non-creditor (as in Re Marshall) should
therefore have been appointed assignee in his steed.
Find this been done, the rimer might have imisted
upon the partnership amount, upon an order of male of
the floor and affects, notwithraediag the bid of sale,
and upon the funds being brought into court, and dis-
p eed of mooring to the laws of benkruptey forth.
benefit alike of the henkrupt and his creditors, instead
of being •11 quietly left (only for the present, I hope)
I. the bands of Mr. Rolls for the benefit of the lucky
putter of the distressed bankrupt,
I am, fiir, your obedient servaut,
H. MOORE.
Wimborno, April 24th, IN&

E ad.
Jana 1. 15 sacks of fined inr, and Rao nooks
of moondu at 33a. and 38... from
Mr. Davis . . . _ . 27 10 0
12. ?Ivo sacks of Ana dour, from Mr.
Roo, at 24.. • . • 70 0
July 24. 15 sackn of fine Soar, from Mr..
Fry, at 30a. . . . . 22 10 0
15 fluo, and five maks of flour,
from Mr. Doris, at 28a. and Ma: 2910 0
25. 15 floe, and Sae mooodo, from Mr.
Davis. ad 280. and 30a. . . 29 10 0
2& 20 soots of Ana flour, from Mr.
Dario, at 29a. . ' . . 29 0 0
Aug. 24. 151.., and Sr. almonds flour, from
Mr. D•Win. at 33i. &ad Mo. . 34 10 0
25. 20 nooks of floo Sour, from Mr.
Harris. at 33.. . • . .33 0 0
0 8..19. 19 sacks of Goo dour, at nu; and
comsat* of woods, at 33a., from
Mr. Davis . . . . . 34 18 0
28. 20 sacks of Ann floor of Mr. Fry,
5534 i. . . . . . 34 0 0
Oct. 9. 20 moan of 8.. Sour, from Mr. _
. .

,
H ante, at 345. . . . . 34 0 0
30. 15 Gee, and five swede from Mr.
Dena at 33t. and 34a. . . 33 10 0
Nov. 6. 15 ian. and flea .monda leer, of
Mr. liarria. at 33a. and 34a. 33 10 0
16. 90 ..áa of Ina dour, from Mr;
Fry, at 35a. . . . . 36 3 0
Dec. 4. 15 mats the, and five seemodsfiettr,
from Mr. Dori., at 36s and 33e. 34 10 0
19. Flea men. woods. and 15 fire Boar
.1 )6,. Darla, at 33e. and 35e. . 3410 0

186&
Jan. 4. 15 sacks ha, and Iva smasids Soar
of Mr. DST* It 335. sad 30.. . 34 10 0
IA 15 sacks doe dour, and Ivo sesoarla,
from Mr. Fry, at 33a. and 35, 34 10 0
22. 15 floe, and firs assort& flour of
Mr. Doris, at 33.. and 355. . 34 10

588 18 0

31. Dedust flosz Isft in store at this

&Ms, and Macs used by me

---.
31 2 0

668 16 0

Paid Mr. Atkinson's charges for
preparing bill of kale le Dec.,
1862 . . . . . . 516 0

M 4 12 0
Cr. By ..nouot of book Id a. d.
debts token off by
we in part payotoot
of tits above . . 306 $ll
By cosh ',valved as
par book . . 78 11 5t
- 385 0 5.1

179 11 61