The Express.
London, England, 1864-01-12 00:00:00

LAW INTELLIGENCE.

COURT OF BAITIERUPTOY.—JAzt. U.
(More Mr. Occuairkeer Faos.)
IN 11 EN. P.INU DOLL-ANOTHER =AL= OF EDI-

The ksekrupt wee desenbed aaastationer and newspeper
proprietor, of nevenosks. Kest He had been proprietor
of a small local journal celled the Mast Timm This was
the sitting for examination and discharge. Debts 2,9391.
' assets about 4001. Th. case woo in some respect. similar to
the one reported above.
Mr. C. E. Lewis, for the usigoas, asked the court to
deal with the 011.11 under the alternative provisions of the
Ist clause of the 159th section (given above).
Mr. Law contended that the court °mild
_not in:

quiTeinioiliTiOre;;;;;;;; uaderWhie/7;l;n7t-dsTe:ii had
bees executed. It validity had already been settled prier
to its reels intim
His llama considered that the words, " with • view to
conceal the state of his affairs, or to detest the objects of the
law of bankruptcy," were sufficient to cover the cam.
Mr. Lowrance urged that the books, sad does.
meets referred to in the seetios Gould relate to hooka,
papers, and documents mandated with the kaakrupt's
trading, and not to such a document as • trust deed, where
• trader might sully tasks • mistake u to the somber or
amount of his debts. The cowl would never so strain the
act as to hold that • mss was liable to as tedistment
that grimed.
Mr. Lewis said that the heading of the deed itself proved
it to be a document relating to the bankrupt's affairs.
His Hosour concurred. _ . _ .

His Hower, after beerier the facts, said he considered
the case one of the most important that had come under his
notice since the passing of the act. If it were permitted
for parties to collude and concoct deeds for preventing
cases coming into open court, it IMO high tune that the law
should be altered ; aad he believed it would be dope in the
next sessions, for he was convinced that these frauds were
becoming very common. The question here was, not whe-
ther the bankrupt had been guilty of any of the offences in
the 221st section, but whether there was a sufficiest prima
facie case against him to induce the court to direct a prose-
cntioa. The charge was that he had made a false state-
ment in a document relating to his drain, and
with a view to defeat the objects of the law
of bankruptcy. It wee unoecessary to go
into the facts, as that might prejudice the ism All the
court maid was, that there was suffientat and abondsat evi-
dence for patting the bankrupt on his trial in a court of
criminal jurisdiction. The order of discharge would be ad-
journed; the court would direct the &esquires to in-
stitute a prosecution, and in the meantime would express no
opinion on the merits of the came. The creditor? amigos*
would be directed to conduct the prosecution, under the 7th
' clause of the 221st section. It was high time that it should
be determined by the highest authority whether thee,
frauds in connexion with trust deeds wuM be perpetrated
with impunity.
Mr. Lawrence said that the bankrupt would appeal
spinet his Honour's order, and asked that 21 days should
be allowed for the purpose.
His Honour doubted whether he had the power to etc,
the proceedings of the assignees, if they wished to promote
the bankrupt ; bat be would consider the point Wan the
order wee drawn up.

IN RE H. H. RASHALL.
The banlaupt was formerly an insurance broker, of Corn-
hill, in pastaership with other permute His debts were
15, 01W., besides liabiliees of 75,0004 on account of the firm
of Bothell, leery, snd 00. lbws were ao assets. Of the
debts of 15,700/., 16.0001. was dee to the bankrupt's father,
who it was stated lad paid that assent into the firm oe
the bankrupt's behalf.
The order was granted.