The Express.
London, England, 1852-09-17 00:00:00

Rain intentgence.

COURT OF BANKRUPTCY.-YESTEIWAT.

b•russ lila. thinnemans
IN is MILLEU.

This was the certificate meeting in the case of A. Mil-
ler, corn dealer, of Ceedoltitreet West, Paddington.
deb' ti unsecured monies were upwards of 5,00 W.; assets
about I,IOW.
Mr. Lawrence, representing the assignees, stated that
i they did not intend to offer any opposition to the bankrupt
having his certificate.
His Honour said the lodance-sheet showed the bankrupt
to have traded most unwisely and recklessly; but as no
charge of fraud had been made against him, and as Mr.
Johnson, the official assignee, stated that he had done all
in his power to a est his creditors since the failure, a
second class certificate would be granted at the end of six
Months, with protection is the meantime.
IX KZ KLCO.—TLIZ RZTALSSITA AKADICA FOOD.
Chritian Klug, described as an 'debits importer, of New
Bond-street, who had traded coder the firm of " Du Barry
sad C 0.." applied fur kis certificate.
Mr. Blyth opposed for the assignees.
The bankrupt, in examination, rated that the business
had not been carried on by him since the failure, but by a
Mr. Lloyd and his clerks. Bankrupt had been employed as
a clerk. He had no agreement for a partnership.
The main sound of opposition wee, that the bankrupt
had vexatiously defended various actions. From 1832 to
1837 he had been in the employ of the trade assignee, Mr.
Schwann, and was then seat out as their clerk to New
York. While there he claimed an interest in the concern
of F. Samuel and Co., end the result was some ,rotracted
proceedings in Chancery, terminating in a final decree in
1811, adjudging the bankrupt to pay some 18;000
dollars to the plaintiff. Bankrupt was then in
Paris, where proceedings against him were com-
menced, and a decree of the Court of the Seine was
obtained against him, and afterwards, on appeal, from the
Coot Revile de Paris, for 63,000 francs. It was 1843 before
this result was arrived at; the bankrupt had then left Paris,
and it was only recently that Mr. Schwan had discovered
he war carrying on business in England, whereupon be had
instituted these proceedings. It was contended that the
bankrupt bed been insolvent during the whole period of his
trading here, which had been carried on under a fake name.
His balance sheet showed his trade expenses to have greatly
exceeded the profits. On a return of nearly 10,0001. the
trade expenses, cost of printing, advertising, &e, amounted
to upwards of 6,0001. Then were imasignments to the
amount of 3,0001., while the bona fide trade debts due to
him were only 1,7001. The bankrupt had kept up two esta-
blishment', and, though a married roan with three children,
he had kept a mistress at Notting-hill. Under these cir-
cumstances it was submitted that the case was one calling
for the punishment of the court.
Mr. Lawrance, on behalf of the bankrupt, submitted
that the court could not take cognisance of the law pro-
ceedings, as the last act relied on took place in France in
1848, before even the present act passed ; awl the express
terms of the 259th section, confined it to offences committed
after the commencement of the act, and six months within
the time of the bankruptcy. Nothing could be more clear
than the intention of the legislature to prevent the act haw-
ing an ex post facto operation. Even if the act applied to
this case, the limitation of six months before the bank-
ruptcy, would take it oat of the penal section. The
legal proceedings in question had extended over
fourteen years in New York and Paris, and had
only been brought to • violeat conclusion in 1818,
in consequence of the late revolution in France.
While the judgment of the American court bad been for
4,0001., that of the French court bad only been for about
2,0001., • proof that the suit had not been vexatiously de-
feuded. But for the proceedings of Mr. Schwas', whose
debt dated as far hack as 1837, the other creditors would
It ore got 20s. in the pound.
His Honour said the important point in the case was that
the bankrupt bad come here, owing 2,6004, mad hid vet
maimed business in an assumed name. Was these Off eel
donee that he made known to his creditors the Mae of his
affairs
Ms. Lawrence said the assumption of the name had not
bean Lone to evade Mr. Schwalm, or deceive his creditors,
but sorely from a dislike, which was generally felt, to
ban his name connected with a patent article.
lizekrept —Mr. tiehween knew of my carrying on the
Miaow ter four or five years.
Mr. Lawrence said the whole of the creditors but Mr.
ilkewann, including one fur 1,1001., were anxious that the
bankrupt should receive his certificate, and had signed •
recommendation to that effect. The bona Me creditors
had more to complain of Mr. Schwan than of Mr. Klug.
The slanderous imputation made against the morality of
the bankrupt was without proof, and therefore recoiled on
those who made it. The small amount of expenditure was
inconsistent with the idea of any course of depra-
vity. The chief trade expenditure was for printing and ad-
vertisements, to meet which there was a carols profit of
0091.; the house and personal expenditure had been 6611.
He had had a capitol of 2,1351.. in book debts and stock, on
the lst of March, 1851, and bad carried on the business
with suceei• for five years. He now owed, to general cre-
ditors, 2,9701. ; he gave up debts estimated on his books at
6,0001. (including consignments), which would produce
2,5001., with other property amounting to 2561.; so that
the estate would in feet have been a solvent one, but for the
interference of Mr. &Swann, who put in force his old
judgment in the French court. He had done hie best to
assist the official assignee since the bankruptcy. Ile there-
fore hoped for an immediate certificate of the highest clam.
Mr. Blyth said he was instructed positively to deny that
Mr. Schwann knew of the bankrupt carrying on this bud-
s. earlier than April or May, 18,1.
His Honour said he must take it for granted, unless
evidence to the contrary was produced, that the judgment
ia the French court was correct.
Mr. Lawrence said he had opposed Mr. Schwanu's proof,
but without success.
The bankrupt said there were two parties in Hudders-
ikld who could prove that Mr. Sehwaun knew, four years
ago, of his carrying on the business. lie denied that he
owed Mr. Schema anything. Mr. Schwalm was his debtor,
gad always bed been.
The Oesusisdeear—What name did you go by at your
pima lleent
; it was in the Directory.
Mr. myth denied this, end said that the firm appeared in
the Direerery as " Du Barry and Co."
The Commissioner—Why did you adopt the firm of " Da
Barry 1"
Bankrupt—l did not wish at own name to appear in the
advertisement., perhaps from a false feeling of delicacy.
My own name appeared in the Directory for my residence
at Two years ago I told Mr. England, Mr.
Sehwann's brother-in-law, that my name was not Du Barry,
bat Klug.
His Honour said he did not think the case came under
the penal clauses, though it was difficult to understand
those clauses, or to recondle them. He trading under
another name, and concealing the state of his affairs from
his creditors, were • serious matter. The court would con.
eider its judgment.
The bankrupt said he had no doubt he could produce
evidence of Mr. Schwenn's knowledge in the course of a
fortnight—The case was then adjourned for that period.
IN ax MACAXDREW.
The bankrupt was a brewer, of Mill-wall, Poplar. This was
the certificate meeting. The debts were 3,0.541.; assets, 2861.
The assignees opposed on the ground that the bankrupt
had mortgaged nearly the whole of his property.
The bankrupt stated that his trade debts were only
1,1001. or 1,2001. His failure had arisen from his having
purchased a brewery, which turned out to have been mort-
gaged after he had :aid out 1,500/. on it.
His Honour said the bankrupt bad made • mistake in
attempting to trade on too small a capital. He might
have a wconthelass certificate at the end of three months.

INSOLVENT DEBTORS' COURT.—YEstuDAT.
Barns Ma. 0311101.101111 t Law.
IN xi Giounk Bt.ruitt.
This Insolvent was heard before the vacation, and came
up to-day for judgment.
Inr. Commissioner Law ordered him to be discharged
forthwith, but shortly after, being reminded of his expressed
intention to remand the insolvent, sent for the latter back,
and pronounced a less agreeable judgment of a discharge
after ten calendar months.

THE POLICE COURTS.
MANSION-HOUSE.
Isabella Reid sad done Price were brought up charged
with basing committed several robberies.
Jane Price, who is a simple-looking girl between 14 and
15 years of age, got into the temporary service as respect-
able woman by appearing to he in extreme Ektross, and
contrived to prevail upon her =norm to blast a large
bundle of clothes to Isabella Reid so a bararbeena. Neither
clothes nor laundress' ever appeared at Mee lhamloaftorwards,
but the police, who had received infenuallent tram other
quarten about the latter prisoner, secured boles Ong petter-
day the justice-room was crowded with feuds win had
been plundered by a pretended washerwoman mai we.
found to be Mn. Reid.
Me,. Elisabeth Casey, of Harpur-street,
said on the 17th of August, Reid called :Vs=
told me that she was recommended to me by •
lady of my acquaintance, as a laundress. I wilaodiallot
time to change my laundn se, and I goes bat a bundle id
articles for the wash. I /le cur had them again.
The Lord Mayor—Prisoner, do you wish to ask the wit-
ness cry questions ?
laid—l have nothing to ask her. I never saw her
bonito.
Miss Sarah Allen—l reside with my mother is Spencer.
street, Canorebury.square. On the 16th of February
Reid came to the house and said she was seat fur the
clothes by Mrs. Odell, who is our laundress. The clothes
were accordingly d -livered to her. We never got the
clothes back ; arid I have never seen the woman to whom
they were delivered until now.
The Lord Mayor—Are you quite sure that Reid is the
person to whom they were delivered ?
Witness-1 have not the lenst doubt of it.
Reid—Not a hit of it. lam not the pi rson at all.
The mother of bliss Allen confirmed the statement of the
young lady.
Mrs. Ma) hew, of Wooil•etreet, Exmouthadreet, Clerkcn-
well—l take in mangling. On the 13th f August the
prisoner Reid came to my house and said she cause for a
bundle of mangling from 43, Easton-street. I had received
a bundle of clothes from that number for the mangle, and
1 delivered a &sot and 11 articles, which belonged to a
Mrs. Dedilenue, to her. I had no doubt that all was right,
as she called a little before the exact time at which the
owner had ordered them lobe punctually ready.
Reid—l know nothing at all about you.
• Mrs. Xonloy—l as Oa 'milady 01 the hoop in which