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

Corrnsponlnna.

RS JAMES MONDAY.

To tAr Editors.

My attention has been drawn to the mart of aim
c.ive in your paper of the 11th lust, in whish I and
your reporter has given a garbled etatement of what
wee said by advocate., inetead of oonfiniag Idascolf, mu
tumid and proper. to what yes proved or stated by the
judge. And as he Ilea made that, as well hie former
report, somewhat personal to in. by girls& replies to my
erguinente without sho.iag the arguments themselves,
I am compelled In self-clefenea, to enter into a lengthy
explanation, and to rely apes year doing in. the Jeri.
•rt i• 'orgies it ; more eapeeially ea it ie right the public
should know how bankruptcy asetten are managed in
'be local marts.

The facts proved, and capable of proof, are thee. :
F.., about 15 years t be bankrapt was Use partaar of Mr.
Charles Rolk in a baking bushiest, at BlaseWord, under
SC agreemoot of wbiels the baekrupt norm beds sop,;
nor t 1111 it ever been produoed torn., or to the court,
although notice was given to hint to tlo ; nor, strange
to say, has ttever been eallod for by the spurt, important
t. a, document manna to be to Mae bankrupt and his
creditom

It ....toted, but Dot proved, that antler this &grew-
ment Rollo was to .upply dour. and &b. bankrupt tem
to work it up with bread and that for this As bankrupt
WOO to receive week', Rolle lading balm Mt and
fool; bott whether this is tlbe fact or not, I bad no
moon. 1 .saertaining, for even a amp of it was refused
by Mr. 1). Barton (who prepared it when be wee an
att quer's clerk), after be lied applied to Rolls for
pertniseloo to do eel_ _
-

r.
In Om amine of this In parthership, Um bankrupt
employed not only all hie own time mid great labour,
bat, for several years of it, that of his wile and ehildren
In e‘tabliabiag • basins., retuning, in trill preaantly
be lain, shout LIMO • year; and ems it be reasoaably
supprired that he Intendod to do this at •:partaership
risk, for no mull • remuoeration

_ .
;t if chit mai, wee the original intention of ths
parties, why was he not made • hired servant, Instead
of. partner? However, to show slearly that We WU
not the understanding of the bankrupt, st I..at he, it
is said, in 1862 bad gradually overdrawn, with the
knowledge of Ma partner, no lies • sum than £lB4.
TliM sum the partner claimed against him • and be it
aea ma without understanding bis true postion, or his
par... p tights. was induced to give a bill of *ale oi
ell hi• eff• ets, for mewing the amount to his partner
1., .1, nary bat, this security WM intoned after • single
,1 demand of payment, sectommanied by Omuta of
poereeration for any delleieney; which threat., though
it., the advnadc, the bankrupt was pared to
t ~,,,,, A salad the effect. being adys • , I ed wised
tl,c hanknipt to petition the Onort of Beakruptels not
only t.. Protect himlf against furtLee merciless pro-
cl.ngs, but also for the purpose al baring bis rights
...ca.rtained both as pat titer and under the bill of ode ;
el..rh I, on better authority than Br. Atkinson or his
`tfblti.o. clerk, a. will presently be seen, comidered
you, as against hia creditors. After the petition was
BW, I gave notice to the austionmr (who by the way.
wee then the messenger under the bankruptcy, ai.d
whme duty it re.. therefore to know without notice,) of
it, nl that the I ffeeta were claimed on behalf of the
ett'lltors, but this WM not sosorlied with, and • sale
therefore took place of every 'dish and croon" the
N' bs, krone po.m.sed, so that be sod his family
were obliged to quit the bone' and go into lodgings.
At IL. Lest court I applied to the judge to have the
, paid into court under thy Bankruptcy Acta,
heat of the ereditors, which he declined to
d I then gave Hs* anationeer notice not to pay the
'Ol the sale to any one but the official 'misuse,
notice be observed. Next muse the appointment
and then Hr. Rolls appeared before the
and after swearing th.t the bankrupt wan
:rlitlY and truly indebted" to him in the sum of
,
11.. 61 upon the secount which is filed, and a
oi which is subjoined, and be applied, through his
solicitor, to he appointed trade amigo..; which, there
bcittr no other creditor Analilied to vests, all the other
dehts not amounting to MO, timuld not be misted.
Tl4l tellsonstituted assignee that received lb. ma-
c", of the tale, but whether as • creditor or as
assignee. remain. to be men. On the bankrupt seri,-
Mg for he final order, I amain applied to the Jat,if
h ave the nvalev a* well as the proceeds 01 some • g
"1 2, in the "order and diaposition of the
at ah° Mkt of , has petition, paid futosoort
for distribution recording to the Bankrupt Laws, but
this wee also refused. Nor was Mr. Bolls ordered to
account a. • partner, or even to pay for pa Saint.,
valued at £3 10s., which It. had aetithllY agreed to pay
for ; the bankrupt's discharge, however, wee 11"2"'"'
At the last meeting, hild on the 11th lash, not discos-
cog,d by three cesurviewps, I again breaght the matter
before the court, in the fulls.' srpsetation that it would
be la ked at. both in the interest of the bankrupt and
of crvditor • land had It area the. resolved that
sosaideration it .dmismed, 1;2 believe that net cab
would every creditor benia NU, as well as the
%P.n.s. of the bankruptcy, laird of liziafalis poor
elt.upt with them ; but aso (ea In a case had
at Wiretaorne), the hanknipt Weelha ba". blrelo:rd
entitled to • considerable surplus, ars the me
‘44"^uY will tend to prove it it will be elm kt!te
inabjeined amount, that fa ego thea wirdlialhe. saw

supplied the firm of " kfundey and C 0.," lour to like
extant of 1509 18.., or after the rate about two •
year. The incense arising from this being ramarrted
to bread, I eon neither state, uor am I aware whether
or not the surveyor of totes min do at. But whau.ver
jib., the bankrupt would be entitled to • Owe of it.
4ad NlPP"ille it be oniv ffal • year, the amount, in
round numbers, would stand flu:—

C s. d.
Three years' Income
Half tbe book dtbts
LILA arising from ...le of effects ander bill
of male (shut) . . . • . 25 0 0
Half sash received by Rolls aa per statement
below . . . . . . . 3000
0-_iattinp valued al

311 10 0
e id
Less doe to Rolla oo bill Nolo 184 0 0
To creditors in tall . . 515 6
1/18 15 6