The Express.
London, England, 1862-10-10 00:00:00

NAVAL AND MILITARY.

Lab) Intelligence.

COURT OF BIiNKRUPTOY.-Ocr. 9.
(Before Mr. Commis/00er Haroyd.)
Itt 00IIDTAff VIIILLLID.-APPLICATION TO ZXAXINI
WlTNEenlia.
Thiamine came on by adjournment from Monday.
Mr. Lawrence appeared for Messrs. Mappin Brothers ;
Mr. Biechafe for the inspectors under the deed ; and Mr.
H. Linklater for the Hon. Mr. Cadogan.
Mr. Lawrence said that since he was last before the court
he had given Jake to the solicitors of the inspectors, in
pursuance of the suggestion of his honour, and Mr. Bischoffe
was now present wiib the deed.
Mr. Bischoffe predated the deed, and handed a copy to
his honour for perusal.
His Honour glanced at the principal portions of the deed.
Mr. Lawrence-Your honour is of course aware of the
ease in the Exchequer, " Walter v. Adcock," which leaves
the point undecided whether such a deed as that is within
the 192nd section.
Mr. Hachette-If I had supposed that the question to-
day would turn upon the validity or invalidity of the deed,
of course I should have requested to have the counsel here
who settled the deed. I have come here upon • notice that
application was about to be made to your honour to examine
certain witnesses.
Mr. Lawranos-1 am not at all questioning the deed. I
consider it binding for the present purpose, as well upon
those who have formally animated to it, as npon those who
have not: and considering it to be a binding deed, and
one of which the debtor will claim the benefit under the
192nd section. I, under the 197th section, ask for leave to
examine the debtor, and all persons who can give informs-
CHATHAM, Ocr. 9. 1 Sion as to the dealings and transactions of the debtor.
The Commissioner-That is • prime facie duty which
The Pylades, 21, 350 horse power left this po!.t : would devolve upon the feuding or inspectors under the
thi morning for the Nero, to make her 'trial trip at the deed. Is the examination which you propose with a view
Maplin Sands. According to present orders she will be to obtaining assets to he divided amongst the creditors?
masted to-morrow, and immediately after placed in dock to ; Mr, Lnoraiao,_c,artaiory. I hare no hesitation in saying
ho prepared foe am. I that one part of my examination will be directed to the
Orders were this morning received from the Horse establishing of a partnership-a partnership with a solvent
Guards, directing the non-commissioned officers and men person, in which case the creditors would undoubtedly re-
who have been *elected from the companies of Royal En- carve 20s. in the pound ; and the very fact of Mr. Bischoffe
masers to be employed on the Ordnance survey of Great proposing to oppose my application would, I apprehend, be
Britain, to proceed forthwith to Southampton, to join the prime facie evidence of • disinclination on his part that the
surveying common.. Oa receipt of the order the men inquiry should proceed. At all event., lam quits willing
were inspected by Colonel Browne, C. 8., and they well pro- ; to take the sitting on the terms usually made, that if the
steed to Southampton tomorrow morning, result of the inquiry should not be beneficial to the estate
- I we will pay the costa.
The Commissioner-Von must, in the first instance, pay
the costa, under any circumstances.
Mr. Lawrence-Undoubtedly. I am prepared to do that.
When your honour is pleased to appoint a meeting we will
deposit as costs any sum which the registrar or taxing-mas-
ter muy name.
The Commissioner-You ask for this examination with
the view of eliciting information that may bring assets to the
creditor. ; and according to your view the inspectors are not
taking any steps to get that information.
Mr. Lavrrance-Upou the face of the account, as rendered
by the debtor, there seems to be a very large deficiency.
My first inquiry would be whether that deficiency really
exists. I propose to examine the debtor as to his estate and
effects. He is in • deficiency of many thousands of
puede ; and the whole of his liabilites have been
incurred between the Ist of May and the execution of the
deed. I also propose, as part of the same inquiry, still
having for its object the payment of my clients and other
creditors, to examine other parties, with a view to establish
a partnership which will undoubtedly ensure payment in
full. Them are the two grenade on which I make the ap-
plication.
Mr. Bischoffe-I believe that applications of this kind
under the 197th section are entirely in the discretion of the
court. I oppose the application as one utterly unjustifiable,
at the present time, on the part of an individual creditor.
The inspectors were duly appointed at • large meeting of
creditors. More than nine-tenths of the creditors in amount
have already come in, and formally signified their assent to
the deed. Those outstanding may be several in
number, namely, 17 ; but of those 17, ten are
creditors for small amount', under 50i., from
whom no answer has yet been received. If we
were to imagine • case which the framers of those clauses
might have had in view when the clauses were drawn, this
is identically the cam, where an estate-not particaLly a
mercantile estate-can be wound up under the care and con-
trol of individuals elected by the creditors, with liberty for
those parties to come to this court, not only for advice but
for the decision of any questions that are mooted. The in-
spectors are exerting themselves to the very utmost. At
the very time when Mr. Lawrence applied to your honour
on Monday last, Mr. Cadogan hail voluntarily and of his
own free will asked permission to attend the inspectors, to
give them all the information in his power. He did attend,
and offered to answer any questions that might be put to
him. Of course we have no power to administer an
oath ; but he was examined, and we took his evi-
dence down for the purpose of eliciting all the information
that could be obtained. Nis of course the duty °tithe inspec-
tors to do everything they possibly can to benefit the estate ;
but it in only right and just towards the Hon. Mr. Cadie,an
that I should state to you that at the very first interview
which I had with him, immediately after M. Veillard's
failure, Mr. Cadogan said, "I am ready to place my claims,
my portiere and everything else, in the hands of yourself,
as representing the creditors, or in the hands of Mr. Fled-
gate, or any other person that may be thought proper ; and
I will do whatever any such person tells me lam }mend to
do." I moiety mention that in justice to Mr. Cadogan ;
because out of doors observations are made which, whether
correct or not, are highly detrimental to the character of
individuals, and at the same time I believe highly detrimental
to our estate. Very difficult questions are occurring. If
Mr. Lawrence could show that the inspectors are not doing
their duty and not exerting themselves to the utmost,
there would he some ground for the application now made.
There is another question, of a partnership -a more impor-
tant one than that relating to Mr. Oedema. I will not
mention that individual.
Mr. Lewrance-That is the one I had in view. I did not
mention Mr. Cadogan.
Mr. Linklater-You did on a former occasion.
Mr. Litwranne-Since then I have obtained evidence
which will completely establish • partnership with a solvent
man.
Mr. Bischoffe-As nine-tenths of the creditors have
agreed to leave the control of the estate in the hands of the
inspectors. the duty of those creditors who are in possession
of any information which may benefit the estate is to com-
municate that information to the parties who have the
charge of the estate, and not to come here and ask for
a public examination in this court upon those very difficult
questions, for purposes which I confess do not seem to be
fond fide. Let Mr. Lawman, or his clients, communicate
to ine the inforinatioa which they are in possession of. It
is for the interest of all the creditors that they should do
so. Mr. Lawranoe's client is in a better position than most
of the creditors ; he has received a very large sum of money
on account of his claim, relatively much larger than most
of the others have received. The motion is one which I
feel bound to oppose, as an unjustifiable interference with
the duty of those gentlemen who have been selected by the
creditors to wind up the estate, and whose duties are
extremely onerous. I submit that no case has been made
old for your honour's interference at the present moment,
which would be an imputation that the inspectors were neg-
lecting their duty.
Mr. Lawrence said that after hearing this statement from
Mr. Bischoffe, and having the fullest reliance on his as-
suranoe that he proposed to penmete those inquiries, he
would at once withdraw his application, with liberty to re-
new it at any future period, if in his judgment. or that of
his clients, them inquiries were not prosecuted with due vigour.
The only object of his client wan to benefit himself and the
other creditors as well ; he had no wish to benefit himself
at the expense of other 'efferent, or he might have raised
the question whether he was bound by the deed, either by
filing a petition for adjudication, or proceeding by action
against the debtor. Accepting the aasurance of Mr. Bis-
choffe that he meant to follow up the inquiry as to a part-
nership with • solvent man other than Mr. Cadogan, he
(Mr. Lawrence) would give him the name of the person who
bad been indicated to him as a partner. and theevidence which
had been furnished to him io support of that partnership.
Mr. Liaklater- I appear for the Hon. Mr. Cadogan, who
will certainly be very much disappointed at the result of
these proceedings to-day, se it was his anxious wish that
his examination should take place ; and before your honour
gives a final decision as to the course to be adopted, I may
say, on behalf of Mr. Cadogan, that he demands • public
inquiry ; he courts it at the hands of Mr. Lawrance's
clients, or any other of the creditors.
The Commissioner-At present it appears tome that the
application is quite premature. I fully miscue in the obser-
vations which have been made by Mr. Bischoffe, and which
have been acquiesced in by Mr. Lawrence, that very strong
ground ought to be shown, in say investigation either in
I bankruptcy or under a deed of arrangement, for taking
THR RICILDTBATION roe 8017TH LANCASHIRE.- the matter out of the hands of the trustees
The conservatives of South Lancashire are said to have ob- Or inspectors, Perseus who ere appointed for the very purpose
jaded to DO less than from 8,000 to 9,0151 parsons out of a of winding-up the estate, getting all the information they
total of little more thaa $2,000 on the list of vans this can regarding it, and acting for the benefit of the general
year. The liberals have issued objections to about 11.000. body of creditor. To rent such an inquiry upon the ap-
plicatim of any individual creditor, an long as the trustees
Cueferxi. PALACIL -Bloodies benefit takes place
or inspectorsare not neglecting their duty, would be very
today, and M. Bloodin promises to exert himself to the
rn h vow course to adopt, and would lest to a vest deal
utmost on this occasion, both on the low rope and high - le by having twoinquii lee going on relative to the
rope, in the centre transept, and on the high rope over the expense,
tter
fountains, introducing all hie most daring and marvellous mineMrinijiimis-ter-YOur Honour at the nme time sees the
fats. In addition, he will carry Madame Blondin over a •• •
'were that a Gone to air. Cedegan. Imputations have
roes specially fixed for the purpose from the front gallery
nese made behind his beck, sod he a now denied the oppor-
to the great orchestra. N. Blonde, will conclude by walk-
`"
rope '' of refuting them.
ing the terrace at dark &midst a display of fireworks
Mi. Lawrence-I think you had better not take too high
and a brillant illumination of the fountains. The doors of
ground.
the will remain epee for admission until seven
Mr. Lieklater-I am not taking too high ground at all.
o'i:dor:The evening, and the new candelabra in the naves
Mr. Bache& -The inspectors have already received a
will be lighted at dank. very large sum, Dot one penny of which would have been
FATAL ACCIOVAT.-A fatal accident occurred yes- got if the estate had pee into bankruptcy.
Mislay afternoon to Charles Clements, a workman employed Mr. Lioklater-Of which, I believe, Mr. Cadogan has
at the new military church Dow being erected on Woolwich been the instrument.
Common. It appears that deceased by ?nee means slipped, Mr. Lawrance-There is not the slightest evidence of
and fell from a height of 50 feet, receiving sash injuries to that.
his skull that death was immediate. The Commissioner-
( Advertinement.l-Henanireese Oncritare AND into the matter now.
Pli.ba.-lioundnem of 91110.-11Mly variety of Sore, ulcer. erup- IN RI lITOTL.
Lon. toil, and carbuncle is safely stopped In its destructive bankrupt.
a draper, at Lissabooss, applied for his
course by the timely tlealtinit or this hraling ointment. It The
arrests unhealthy. enbutes healthy, action, and to cures both order of discharge. Debta. 9901. ; assets about 3001.
the inflamed, Irritable, and spreading diseases affecting the skin. Mr. A. Jones and Mr. H. Lloyd opposed ; Mr. Lawrence
Holloway's Olnesent has gained an imperishable fame for its supported.
farility In healing old hellaminstory sores about the shins and
unties, sad kw bed Ism and nit wounds It cannot be eon 'he bankrupt, it appeared, bad been struggling 04 for
some time, having great difficulty M meeting his payments,
• nee hit lam 0111011a100lin gathered brassie and abscesses. When
the er.a,plaint has been of long continuance Holloway's Pill. will sad,.
to ori °°31411"611. pledging small Week of goods to enable
expedite mower I/ takes in thew haw which act as alteratives elm six as April he :Imbued 1001. worth of
writs. March sad Wake ea the oosetitation. , geode ad Name. Pool aid Co. ; bad paid them teething,

ADMIRALTY, ()cr. 9. Arrow:* Sub-
Lientoneot the Hoc. H. H. Nolvaeux. to the Revenge.
Surgeon J. blborne, to the leioyard.
Moistest Paymasters H. P. Breime, to the llawitlems ;
and E. H. Wright (in charge) to the Fox.
Assistant Clark W. N. Thomas, to the Colossus.
_ _ -

i 17d :h ro 13 J, &O. Garter, to the Marlborough, as
supernumerary for disposal.
Chief Engineers J. Connor, to the Cumberland, for ser-
vice in the Amos ; J. Lee, to the Leopard ; and M. John-
son. to the lodes, for serails) in the Exmouth.
First Class Aseirtant Engineers J. F. Moreton, and T.
C. N. Knight, to the Leopard.
Second Mau Assistant Engineers W. Edwards, to the
Leopard; T. J. Finley, to the Indus, fur service in the
Tilbury ; W. Hawkineou, and J. A. Rowe (acting), to the
Leopard.
Naval Cadets W. W. Pughe, to the Galatea ; and F. H.
Johnston, to the Nile, as supernumerary for &lama

PORTSMOUTH, Ocr. 9.
The Victoria and Albert, royal steam yacht,
C►ptain O. H. Seymour, CB., will sad to-morrow morning
for Antwerp to embark her Majesty the tjueeo and the
Court, for conveyance to England. Her Majesty will return
to Osborne.
The Virago, 6, steam sloop, Commander N. J. Hope
Johnetoes. arrived at Spithead this morning from the east-
ward, and sailed westward with supernumeraries.
The Smoot, 72, old sailing line-of-battle ship, arrived
yesterday afternoon from Cowes. She has been converted
by Mr. White into a store-ship, ►nd will be fitted out for
service on the South American station.

WOOLIVICIT,..Ocr. 9.

The whole of the available force of the 'Woolwich
division Royal Marine Light Infantry assembled oo the own.
mon this morning for inspection by the commaudant, Major.
Gmmal sir R. nacres, and to carry out a sales of battalion
evolutions. . . . . .

An immense casting intended u a block for the large
Nasmyth steam hammer, and weighing 50 toes, was this
day turned out at the royal arsenal, under the direction of
Mr. Frazer, of the gun lactation. The metal mu run into
the mould by means of six cupola (minces.

SPORTING INTELLIGENCE.

TATTERSALLII.-THUSADAY.

There was a good muster of subscribers at the Corner
this afternoon, and speculation on the Cesarewitch was
somewhat animated, the principal feature being the advance
and increased firmness of Umpire, who was supported
freely at 100 to 15. Benham Las, about whom 100 to 8
had been takes freely on Monday, receded to 14 to 1, at
which price, however, she left off in good odour. Balder,
whose successful "trial" caused such a rush to " get on"
at Bedfcrd on Wednesday, was invested on at 15 to Ito
money, while Cateh-'em-Alive and Clare Arnie were re-
ceded to 25 slid 40 to 1 respectively (taken and offered).
Closing prioes
CESAREWTICH.
11 to 2 apt Mr. Grimshaw's Silkstone (t)
100 to 16 Mr. It. Tee Broeck's Umpire (t freely)
14 to 1 Mr. Bevil) e Henham Less (t)
15 to 1 Lord Coventry's Balder (t)
25 to 1 Mr. J. Smith's Hartingtoe (t)
25 to 1 Mr. T. Jeosattaaggs Strudel's (a and off)
25 to 1 Sir C. W. • 's Catch'em Alive
(t and off)
30 to 1 Lord Gamow', Anonyms (t)
40 to 1 Mr. IL C. Naylor'm Chore Arnie (t and off)
40 to 1 Oast Batthyany's Loiterer (t)
40 to 1 Caplan Coateses Flirtation (t)
50 to 1 Mr. Bevirs Audrey (t)
50 to 1 Mr. Naylor's Agag (t)
1000 to 10 Mr. J. Smith's Queen of Spain (t)
CAMBRIDGESHIRE.

1000 to 15 apt Lord inireeley'SietTof Club (t)
The subscriptioe TOM will be open on Saturday for
"comparing "oe the Osearewitell, and the transaction of
business as nasal.

UNIVERSITY INTELLIGENCE.

.911,9 RD, Ocr. 9.

Congregations will be holden far the purpose of
wenteg grace' sod conferring decrees on the following
days in the ensuing term, pis.: Fraley, (let. 10 ; Thurs-
day, Nor. 6 ; Thursday, 27 ; Thursday, Dee. 4 ; Thursday,
11 ; Wednesday, 17.
Candidates for degreasers required to enter their names
in a book kept for that purpose at the Vice-Chancellor's
house on or before the day preceding the day of congress-
P. Licarrroor, ViorChassetlar.

THE REGISTRATIONS.

-I think we had better not go farther