The Express.
London, England, 1863-02-07 00:00:00

COURT OF BANKRUPTCY.
(Beam Mr. Commissioner Ana.)
Of I! TSB AIOLO•PIIICI LGI

001112. m

(umirr.D).
A winding-up order was recently made in the came of
this company, and this was the day appointed for seta*
the list of contributories. The company was tared
wider the Limited Lisbihty Acts in August, 1860. The
nominal capital was 25,0001., in 5,0001. shares of 51. each ; but
et thong only between 300 and 400 had been taken up. A
board of directors was formed, of which Mr. Stabbing,
President of the Chamber of Commerce, Southampton, was
ehairmaa. The objscta of the company, as stated in the
were the importation of cattle, sheep, grain,
r"frstal'i Brittany, in France, and the exportation of artifi-
cud, manure, agricultural implements, machinery, linen,
slates, iron, &c. In promotion of these objects, she com-
pany Proposed to purchase, as a centre of operations, an
estate advantageously situate on the great imperial
route from St. Mato to Napoleonville, i• the vicinity of the
flourishing port of St. Brienne, contiguous to the direct
line of railway from Paris to Brat, within 14 boars ,
distance of Paris by railway, and 24 from Loudon. It was
thought that • favourable opportunity for the operations
of the company presented itself under the new commercial
treaty between England and France. It was part of the
scheme of the company to establish brickworks, distillery,
flour, and saw mills on their estate, to purchasing neighbour-
ing properties, divide them into farms, and resell them •
and to lay on two steam.vessels, to be despatched at regular
periods, for the conveyance of merchandise mid pemmican.
From all these sources it was anticipated that a
large dividend would accrue to the shareholders. It I.
seedless to say that none of these extensive operations were
carried out.

Mr. Bailey appeared for the official liquidator ; Mr. B.
Griffiths and Mr. Weston for the contributories.

The list was a short one, containing 18 names only. On
the first name being called, that of Mr. Citherlay—
Mr. Bagley submitted that the register of shareholder
vu of itself suf6cient evidence, under the 26th aim. of the
set of 1857, of the matters contained in it.
His Honour concurred, and several came ware disposed of
on this principle.
Mr. H. Griffiths appeared for Mr. G. Dunlap, who was
on the register for 20 shares, and who denied his liability.
Mr. Dunlop, merchant and shipping agent, of South.
anspton, deposed that he had never verbally or in
writing gives say authority to thyme to take shares in
the company. He never made application to the oompaey
or any of its 'arrests to be allotted any shares, nor had he
paid any money in respect of shares.
The Commissioner—How comes bees the register? Wass
his name put on without any authority ?
Mr. Begley mid it would appear so ; but if that were the
ease, he ought to have taken the proper stela for getting his
name removed from the register, by applying to one of the
superior courts for that purpose, as pointed out by the 25th
section of the act.

Mr. Griffiths submitted that the register was only
prima facie evidence of certain persons being share—
holders. Where a person disputes his liability, there mast !
be further evidence in order to fix him. It was extremely
bard on peruse alleged to be contributories, that they
should be brought here at great expense to show that their
names were improperly included in a list which bad been
compiled by a bankrupt promoter of a company.
His Honour said that the question was one of grave im-
portant*, and he should take time to consider him judgment.
Mr. Bugle/ would refer his Honour to the cameo," Ex-
perts Birth,' which he said decided this gelation.
Mr. Griffiths further called attention to the 9th motion
of the act, which rendered it necessary that there should
be an acceptance of shares before a person wu placed on the
register.
Mr. Philip Hedger's case wannest taken, whom nuns was
on the register for 12 shares. His deposed that be was=
intendant of the Southampton Docks. He umr
directly or indirectly for soy shares in this company-OPM
Paid soy deposit, nor accepted any shares. He wee present
at one meeting of shareholders for a short time in January,
1881.

lir. Westall submitted that the 26th see. of the set
already referred to related to compauies not io course of
being wound up, where the alleged shareholders had so
other opportunity of haring the register reviser& Is cams
wiodult-up the court had full jorisdietiow to settle the
list.

Nr.
other. Bagley laid that one of Mime miss mold decide the
Juarteot maned.
Mr. John Langley, of araleameptest like lip ie ties
reeks fie 90 shores, alto denied its liability. He dinfed
Z72,44)Phed fOT soy shares. we Ma say toweeks. or
air mooting. The eleakikia ia We MO was Ow
rimmed, is it was io several oth.e sarailar aria
No goatee arose oo any of the other =nee.