The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-07-12 00:00:00

Legal.

EXETER DLSTRICT COVIZT OF BANKRUPTIX.
Faiimi, July I.

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-I:4FUSAL oF CEUTIPICATE.

114- J,,s,ph 12vIr r veterinary sill-main. of Char-
Ili. ibalor mow pros:m.lc i to 4ive
H. laid the bankrupt applied to-day fur a ea—tint:ate ;
but the ;;raiiting of taut certificate Mel leen uppa.e..l on
behalf of :dr. Bennett, oil the ground that the bankrupt
had removed goods to the ovoids,. of Audieas' nod
Dyer fur the purpose of coucealment ; mud that the
bankrupt hail givco fraudulent prefereoce to certain
creditors. The plaintiff said the goods wf.trC reuieved
by his stepson Walker. to Andrews', some days before
the billkrUptZY. He also stated that he took Dyer's
stables a week before the baukruptcy. from Dyer's
evidence. however, (which was not shaken in
cruss-exawination,) it appeared that he let the
bankrupt the stables on the 21st March—a day
before the bankruptcy—and that the removal of
goode took place the following day. Now, with
reference to the goods removed by Walker, if there was
a debt owing to him it was admitted that it MU a
Indolent preference; and if there was no debt, then
the removal must have been for the purpose of conceal-
ment and to benefit the bankrupt. The bankrupt, he
found, said nothing of the goods at .tnilrewa's until
the choice of assignees, when being, no doubt, well
advised, he told the messenger of thorn, and they were
again brought hack. Nothing. however, was even then
said of the goods at Dyer's, or the wheelbarrow at Hull's.
On the bankrupt's last examination he was asked
whether all his goods were in the possession of the
assignees, and he replied all. Dyer had stated that, on
the 21st March the bankrupt removed two horses into
the new stable ; but the bankrupt had stated it was
only one. This was also an important point. There
was also no mention of the• goods at Dyer's in his
balance-sheet. The last examination took place on the
3rd May, and on the 4th the gouda were found by Mr.
Bennett at Dyer's. It was said these goods, and also
those at Andrew's were removed openly ; and that
certainly was • point fur consideration ; but he could
not but be of opinion tint the fact of removal of the
goods to Dyer's must have been present to the bank-
rupt's mind at the choice of assignees, Wllell he pre-
pared his balance-sheet, at his last examination, and
when he cross-examined the inventory, taken of his
goods and said his property was all in Hui poseinision of
, the assignees. By the removal of goods to Dyer's the bank-
rupt had infringed the 2.56t1i section of the Bankruptcy
Act, and in giving a fraudulent preference to Walker lie
' had transgresaed the 2015 t section, and also the 251 th.
' rioter these circumstances he felt, looking at the act of
1 parliament, that lie had no alternative, but that it was
his bounden duty to refuse the plaintiff a certificate.
' Tim Commissioner subacquently said, ho hail thought it
un-necessary to go into the other points of objection
raised by Mr. Terrell.—Mr. Terrell: Do you think in
this case you can grant me any costs, your Honour?
The solicitor to the assignees is solicitor also to the bank-
rapt. The asstnees were friends of the bankrupt, and
it WWI probable that many of the goods would not have
been returned if Mr. Bennett had not opened the
matter.—lliA Honour said thcre were circumstances in
the case to which he need not now refer; but he could
not grant any asitu—Mr. iitegdon sail as the opposing
creditor, Mr. Bennett, intended to execute a process on
Om bankrupt's person, he applied to his Honor to grant
him protection for sonic period, in order to give him an
opportunity of appealing if he thought proper to do ie.
—His Honour said he should be very glad to do so if he
could, but he was afraid by the Act of Parliament he
could nut.