The Express.
London, England, 1863-10-28 00:00:00

IN RE DAVID iNENCH.

The benkrupt was a earn and coal merchant, carrying oa
busing.. io a large way at Chatham. The ease bass been
frequently before the court. At the last sitting the beak•
rupt passed his examioation, and the order of discharge wee
adjourned. The aooouota, prepared by Masers. Hart
Brothers and Haylea, are extremely voluminous, but the
subjoined is e summary of the liabilities and assets :

To cre.litors unsecured ace= 110
To cre litots holding .ecurity
To liabilities on lolls
To habUities to Mr. Kendal
To creditors to be paid in full

a 33,507 11 5
Ct.
By debtors uoul
By ditto, doubtful 47-4,927 7 6
tatimated to realise
By ditto, bad 44440 9 10
if 57ert fa7hte alien up
gcredl t ors 1,245 7 II
1451.5 0 11
lil amount depo•lted In court lOO 0 0
By billsreorlvable 1,0.5 0 8
By &Selene,'

633,59713 5
Mr. Joseph Hart, the manager of the estate, has his report
on the case, states that the bankrupt stopped payment ha
' July, 1462; but it appearing, upon • statement of affairs,
that he was then solvent, with a surplus of 1,8g6., he was
empowered by letter of lionise to carry on the buui.
nese for twelve months under inspection. The liquida-
tion had been unfortunate and most disastrous, the
estate baviug been involved iu two Chancery suite, and
two actions at eommon law. The books had been regularly
kept and periodically balanced. Sinoe July, 1862, loam
to theamouot of 12.2921. had been incurred, et which 6,063/.
was by bad debts, 2..AX01. on the ships Martha and Emily,
and 3,f081. by depreciation in the value of property.
Mr. Graham. the official assignee, in his report on the
case, dated that 22 creditors had proved their debts, sod
three assigoees had been appointed. The accounts filed
were fully vouched by the books.
Mr. Lawrence, for the mangoes; stated that the
aggregate a-nount of their debts WWI 6,3671. Two of
them offered no opposition and recommended
that an imiamediate order should be granted. Mr. Magnus,
the third assignee, bad opposed at • former stage
he now wrote to say that he still objected to Mr. French
paring, but he bad given no special instruction. The
circumstances of the case were wormier. French hod been
Imukrupt in 1631, and obtained a certificate of the third
class. He bad since since conducted a prosperous business
as coal.rnerchaot, at Chatham ; and in December, 1661, he
was before the world upwards of 7,00J1.
Mr. Joseph Hart, in answer to the court, said this was
confirmed by the books.
. . .

Mr. Lawmnoe said that the surplus bail gone on pro-
gressively increasing from 1853 to 1861
The Conanisaioner—What became of this large surplus of
7,0004 •.
Mr. Lawrence said that the bankrupt being pressed
for paymeot in June, 1862, laid his affairs before
his creditors, and acting on their advice, suspended
his principal business; operations, but carried it ce
for twelve months longer under inspection. The statement
laid before the inspectors clearly showed that the bankrupt
had then a surplus of I,Boof. Unfortunately, everything
turned oat %droopily ; then were large losses on the mort-
gaged property, also on a vessel called the Shanghai. which
had been taken by pirates ;and in March. 1863, it was found
that the 'meets had considerably diminished.
The Commissioner—How often, in your experience, has it
turned out that these inspections have resulted favourably
for the creditors?
Mr. Immune* said he had known some such instances,
but it was severally the other way. In March, 186;, French
offered a composition of 4a. in the pound ; but certain of the
creditor* dissented, and ultimately he came to this court.
No debt had beau contracted since July, 1862, and the
creditor■ had now to deal with an estate which in March
last would have paid 4s. in the pound.
The C,ommimioner—No doubt half the estate has boon
swallowed in up in expenses of the inspection, and other
things.
Mr. Lawrence said that was not so. There was a sum of
I,loof. for the socountante' charges ; but the services they
had rendered were very valuable.
Mr. C. E. Lewis. for the bankrupt, said that the demot-
ing assignee, Mr. Mamma, had received no less than :10.0001.
from the bankrupt duriog his period of touting, besides
16,000 f. for cash transactions. He submitted that the bank-
rupt was entitled to his order.
His Honour said this cam showed how touch creditors
were disposed to deal fairly sod considerately towards their
debtors, where thee were consumed that everything was
straightforward. It was singular that after the bankrupt
had bad so large a surplus ma 7.0001. io leil, the «tate had
dwindled down to a serious deficiency. How much would
the dividend be ? . .

Mr. }fart—Between 2s. fed. and 3v. in Ur pound.
His Honour observed that 1,100/. and upwards had been
wasted on the inspoctioo and the attempted rotripootition,with
a view to avoid the publicity of bankiuptcy. It was too
often the cove that estates were thus frittered away. The
books bed been well kept, and the court had pleasure in
complying with the reonnimemlation of the creditors, and
granting the bankrupt his order of discba.-ge.

A,AIDENT ON THE LONDON AND NORTH-WE,-
TERN RAILWAT.-011 Monday evening while the L0n.1.0
and Nortli•Westers express which left Stafford at 4.29
p.m. win between Colwich and ttugoley, ate! going at a
speed of between 40 sod 45 miles an hour, the tire of the
leading carriage soddenly snapped asunder. and, hail the
pieces down inwards and through tho carting*, as in nine
eases out of ten they do, the passengers iu the otrrinces
would moat certainly have been struck, and perhaps
An it W.B. the train was dragged off the rails for a eon•
siderable distance, and the passengers were much shaken
and bruised. They are Indebted to the promptitude of the
driver and guard for their lives, they .11100110dily( in stopping
the train in GOO to 650 yards, for had it been dragged live
yards further the whole roust have rolled down the ,teep
embankment, when the injury and keg of lib would kayo
been fearful.

FEARFUL MtTRDER ne 1.4131 ICK. —DYER I. K,
MONDAY, Ocr. 2G.—Much alarm bra been occesiooed in the
locality of Hruff. i• this county. by the perpetration of •
murder, which came to light list night, in the dis,royrrv, by
the eoostabulary, of the body of a man named l'atriek
Quinlan. a b.iker by trade, whose remains were found, shock-
iogly mutilated, upon the roadside at Belliesgools, neer
Grange. The skull wasfractured in several pilots, sod injuries
of a severe asters were apparent on the chest, neok, and
arms, se if indicted by some weighty instrument or
bludgeon. Two men, named Thom*. Hogan ■od Thomas
Shaughnessy, who were seen in the company of the deceased
early last even*, have been arrested on suspicion, and
marks of blood, it la said, have been discerned upon their
clothing. Fos this one of them (Hogan) accounts by stating
that belted • tight with Shaughnessy. An invest will be
held to-morrow by the coroner. The prisoners are in cus
tudy.— Era/eases Journal.