The Express.
London, England, 1863-01-29 00:00:00

bonded, and direct widens of the adultery having been
given,
The Court made a decree 011 i, with costa, Sir C. Cromwell
remaridag that it was a cue of shocking misconduct, pro&
pay, and cruelty.

COURT OF BANKRUPTCY.—JAN. 28.
(Bitore Mr. Ociftunimioutz Hoiropi.)

11/1 11l 1. C. RUM
The bankrupt, described as a dealer in colonial produce, of
Bayswater, was brought up in custody from Newpte, where
he has been committed on • charge of conspiracy with ano-
ther party to defraud the Hon. lfr. Bingham by maim of
finite= tee.warranua The particulars of ;the charge re-
cently appeared in our police report. This was the sitting
for the brialut's examination and discharge. The debts
are about 2,
Mr. Linklater, for the opposing creditor, the Hon. Mr.
Bingham, asked for an adjournment nu die, in order that
the result of the proceedings in the criminal court might be
known.
lir. 'Jolt, for the bankrupt, did not object, and an ad-
journment sine die wee ordered.
IN HZ W. HALL
The bankrupt was a farmer and manure merchant, of the
Grove, Southwark. This was the sitting for exsmmatiou
and discharge. Debt., 9041. ; assets, 2001.
Mr. Dowse, on behalf of Mr. Borer, the assignee, com-
plained that the bankrupt had contracted a debt with bin
without probable means of payment.
Mr. Borer deposed that in March, 1862, being thee resi-
dent at Tunbndge Wells, be advertised for a tituatioe as
clerk, stating that be was prepared to advance 2001. or 3001.
to the huskies& An answer was received from the bankrupt,
who appointed an interview in London. He offered to engage
the witness as clerk, and said that • little MOW
would be an 'Unsure to him in his business—that
he should require the witness to travel occasional, and col.
lent accounts. Witness told him he had only 1001. at coma
mend then, and the bankrupt being asked for security, said
he could only given promissory note, but could refer to the
Rev. Mr. Grp, as he was precentor in his chapel. (A
laugh.) Heals, said that he was doing an excellent Wi-
ner and expected to do more. He was doing 501. • week,
and only owed a few pounds. Upon thoustatements and
the bankupt's plaudbls manner witness agreed to lend him
1001., and was engaged by the bankrupt as clerk at 801. •
year. He also said that if witness could advance 5001., he
would guarantee him 1501. a year. A promissory note was
given for the 1001., and witness took his place ia
the counting-house. His salary was payable weekly,
by agreement ; but, at the request of the bankrupt, it was
allowed to run on for a quarter. A cheque wee then given
for 51. only, and witness did not get the remainder for six
weeks. lle then told the bankrupt that as the agreement
was broken be should not advance the rest of the 3001., and
wished him to come to some arrangement about the repay-
ment of the 1001. At the end of the next quarter bank-
rupt wanted the other 2001. ; witness refused it ; he got no
salary, and shortly afterwards left.
By Mr. E. Reed (who appeared for the hankrupt)—There
was no specific agreement as to repayment. The bankrupt
showed me his carman's book, but not the other books. I
never gave the bankrupt 'ix months' notice to repay the
1001. according to the agreement. I declined to advance
the other 2001. ; he might my the result of that would be
to compel him to call together his creditors. Boon after I
went to him there were several applications for money, and
one firm threatened proceedings.
The bankrupt, being examined, said that in March, 1862,
he did not know that he owed 2001. lie now owed 90041..
Three months after Borer came into his employ he was a
little short of capital; that was the time when orders for ma-
nure were coming in, and it required capital to execute them.
Before Mr. Baer left he agreed to take his 1001. by quar-
terly instalments of 2a. in the pound, and ell his other cre-
dit*" with one exception agreed to the game. He fouled
it oecemary to file his petition in the following week. Had
never been bankrupt or insolvent before. In twelve months
he had lost 2531. by disuse among his horses.
Mr. Reed submitted that the bankrupt bad acted in the
moat open and straightforward manner. He had made
known his position to Mr. Borer, inuring that he needed
capital in his business, and bad no security to offer. By re--
fusing to advance the other 2001. Mr. Borer bad broken his
agreement, and had compelled the bankrupt to call his
creditor together.
His Honour asked Mr. Borer if he had gone to Mr. Spur-
geon to make inquiry as to the bankrupt.
Mr. Borer said he bad not done so. From the bank-
rupt's plausible manner he had not thought it necessary
to do so.
The 00C2MiiNiONST—Are you • regular motley lender ?
Mr. Borer—Oh, no. I merely advanced this 1001. as
security for my good conduct.
His Honour did not think that he could suspend the
order without straining the Act of Parliament. The bank-
r)pt was new to insolvency ; he had given a most respect-
able referenos ; Mr. Borer had not chosen to make any
inquiry ; therefore it did not lay is his month now to take
away the character of the bankrupt. The case was favour-
ably distinguished from others ; the bankrupt gave up a
considerable amount of assets ; and he would receive his
order of discharge, with • caution to be more careful in his
future transactions.

BIRMINGHAM BANKRUPTCY COURT.
Jur. 28.

(Wore Mr. Registrar Wilma.)

1/1 u BANDEL 01/7/Yrißt OF WOLVIENAIIPTON.
This day was appointed for the choice of assignees inl this
bankruptcy. It is on the separate petition of this bankrupt,
recently extensively engaged in the iron trade of South
Staffordshire. There iialso a joint petition of himself and
his partner, Mr. Edward Bagnall Thornsycroft, questions
arising out of both petitions having been recently discussed
before the commissioner in London and the Lord Chancellor.
The case has excited a good deal of interest in the iron
trade, and it was understood that a sharp fight was to be
made for the choice of assignees, but this mornin; a proof
was put in by Messrs. Allaway Brothers, in the iron trade
at Lydney, in Gloucestershire, for 31,9001. Messrs. Florh-
am, Allen, and Hodgson, who appeared as agents
for the petitioning creditors, aignified their willing-
ness to accept this, though they bad not been
able to obtain information from the official assignee
in reference to the bills of which the amount was com-
posed. An understanding was, however, come to. that Mr.
Deny, of Birkenhead, and Mr. Churchill, of Worcester,
should be appointed assignees. Subsequent to this an
opposition was raised on behalf of Mr. George Pell, of
tsorthamplonabire ironworks, for whom Mr. Knight ap-
peared, the ground being that the proof for 31,900/. had
not been established. The bankrupt was therefore ex-
amined upon the items in a schedule which he filed in
February last year, which showed liabilities to the
amount of 202,0001., the debt due to Allaway Brothers
being put down in it at 10,5001. only. In reply to ques-
tions, be said that he had had dealings with five firms of
the Allaways, and that in fact the amount due to them was
some 40,0001. beyond what was inserted in the schedule.
After a long discussion it was agreed that an adjournment
should take place for three weeks, and that in the mean-
time the particulars Is to the items which composed
Messrs. Away's claim should be examined before the
official
Mr. JaVieseath for the bankrupt.