The Express.
London, England, 1855-10-13 00:00:00

Lab) intelligence.

COURT OP BANITRUPPOL—Oar. 11.
moms lea semamma swam
111 Till )L&TTIR OY ISTkLIIAN. WM. AND
RAM
This vie the dividend ametieg soder *IMMO wall m
tlie musts blabs la this ease ; bet bob OW tee egired
at the waft joTesedellt me Mimes *.a
ea dividoad
mot sad sessegesstiy ball MOD lateral me
essissi 1, w posmaisi.
The Ossmirioner; ea tekieg be seat. said be medendeed
that $ ilsed of pertmehip had less assisted vbs. Mr.
Bets" bised the :he wished* se thalami
Mr. Lewsesse sold he bed snags ingsiry Meet that deed.
Mr. BM' ebbed that oil& • deed had lima essested. sad
M thought It.wM ameg.tbe lepers oi the Adel weigagen
TM Ommiselaiw-1 wont it this smilfild•
Lownme-1 hem sever 'sib byselL •
Mr. 801 l (the disks/ essignes)—Ber have I.
islutrirreses—WAh Mthe riot robed by*,
emel. lir. Begley, at the his Meeting, as to
soaking dui sem% m impose to have a rivets 'Ming, to
esumbe the parties es to the abase of &Meg, sad than to
agree is tbe bete 'ALA my be presented es year Hems:
is a ism ua which the emit ma Obligate. TM robot is
of very emeidereble bipertuase t sad thine is sae but tote
we propose to Moire, with the essiobinse of the
burned osemel—senely. se to the bode is whisk CM belt
pay isd ether mama of Alien wee resolved by the
leskrepte es limy 'gems. Your Hewer b mere that
same. set only Mese mites ia this amatry bat buss OS
isseige servile, sive their *my nests mum of Mersey to
nisi,* their pay ; sad a good deal will of mores domed.
wesidering this waive, is who ere the proem semod
is time perm of ast'ra'y.
The

I my salads" aged that, I
dada OM to the peztaereldp deed.
Ma Laweelee—We will mad Mit ; bat at puma we
M mg knew Mon to look for It. TM point need sot be
deeseminedte day ; sad if year Moment will permit or to
bawl • private wasoden, we em maims the bukrupts, mad
alsetheir prime* sleek, Mr. Tory, who eseaseeed that
put oldie busies., sad had the menagesetest of the books.
Will Wednesday salt your amour for the private meet
fae
The Cammiesionee—l had either wait *eta I see the
deed; them I will tall you.
Mr. Lammas said that a proof had bees teadered at
fieelea seeing by Mr. Prier is is. of Genial' bins for
gilligejcs sad sd thaiumPfli! the 1101"8 "erg" "Pitlaire
had OWs value for the bill. Mr. Prior bed mw ea
• _Mr. Prior—l hen here my own reek-book; sal ea tbe
=Mb ed May, I think, you will fled that I gale OM
VlTfor SOW., 100 i., end 3871. 18s. 11d., ameelhangte
.. 11d. 1 diecouoted the bill for Mr. liolieele.
Who appears to have endorsed it. (The three abates lien
peened.)
Mr. loserrases—Ave you prepared to Mat .111111.11011
46
were riven is dimmest id that bill? 27!Prier—Yes. I am.
Mr. Lawrams--What was the rate of diesegaill
Mr. Prior—Five per cone It wen hada In are 110
Menem I took it on the faith 01 Mateligelli•Mia
knowing, of coarse, that there woe anything wuu Is amyl
air.
Lawrence—There can be ao forth'r objeetice to the
proof. I wish that all the transactions were ea straight/as
ward es this appease to have bees.
Mr. Prior—l wick to give em all the information I MS
I do not Mow that I sea give loamy more.
TM proof wee thee admitted.
Mr. Linklater mewed the question nieed at the lest
meeting as to • proof tendered -by Mr. Walkingehure, u
repreesetieg the Olugew Imumaint Company, en a sum of
18,3841. Hs had since looked into the dual W which the
bulimia covenanted to guarantee the lemma bri=
°soden, in three instalmeats, of 20,0001. mShe
company• and he now proposed to the post at
claim of Mr Walkingsbewe, Mumma es the same the
company reprounred by him was egammelkeied le glean&
oositainieg the covenant on which the skim wield to mid*.
He would now propose to enter • anise as the pert of the
Sire gentlemen mused in the deed—Mr. limey Dunlop and
others—i• favour of whom the covenant of the haokroots
was gives. He would submit his claim in the foliewiag
fors:—" By isdenture dated the 2nd Jon., 1851, John
Haskins Gankll and Edward Frederick Osedell, then of
Cesium sued, in the city of London, civil en
trays, and the said William Swabia Sir John
Paul, and Robert Makin Bites, es surety for
the said G. and G , did for themselves jointly and
severally, and for their respective helm taunters, and
administrators, covenant with Heavy Dunlop. Alexander
Wiesen, Andrew Stephenson Dslgliab, William Whyte,
and Jobs Taman', therein described, that the said G. and
G. their enemata, to , would pay unto the said Henry
aid oaten, their executon, Ac., the principal
sem M 20,0001. by the insulesenu' and with interest
thereon, at the rate in the said deed after provided ; and
that the said sem of 20,0001, should ho paid as aforesaid by
the followieg insulation, vie.:-8,6.01. on June 2, 1866 ;
visa em Jone 2, 1866 ; and 6,7001. on Jane 2, 1867;
whisk said sum is by the said indenture stated to have
beou paid to the said G. aid 0. by the said Henry Dunlop
and others; the said indenture also contains a similar
tieviessnt for payment of interest by half-yearly payments,
a the 2,.d of Id ember and Zed of Jose In every year, on
the total principal money for the time being unpaid. The
first isstsiment of interest became doe on Th-cember 2,1854,
and con paid cot December 6. The first instal-
ment of the principal soot of 20,0001. Meanie
dee and me paid with interest in 2nd Jam,
1866. The p.titicn for adjudication of bankruptcy amiss*
the above named bankrupts was filed on the 11th Jana
1866. The said Gandeli and G. have bun declared bank-,
emu seeordiog to the laws of France, and are wholly us'
able to pay the balance of principal end other moneys
mewed by the said Indenture, sad there still romans owing
to the said H. Dunlop and others the sum of 13,3501.,
Mies the unpaid educe of the said sum of 20,0001., which
said sum of 13,3501. the said H. Delano and others claim
genet the separate orate of the said Wm. Strobes, upon
and by virtue of the aforesaid
interest The said IL Dunlop, Ac., have not. nor has
either of them, eceived any satisfaction or security for the
said sum of 13,3501, or say part thereof, save and
except the said indenture mid four policies of assurance no+
prodmed, sad which are referred to in the said isdeeture."
These facts were beyond dispute; the pidecipal question
that +cold arise would be, whether there wee a Present
rate of proof, tumult se the bankrupts were stated to be
sureties for the payment, by Meters, Gendell, of 20,0004,
la three inanimate, two of which were not yet deo. He
contended that, seder the 177th sad 178th sections of the
Bankruptcy Au, thus "oedema were entitled to eater
• claim to prowl ia proper form so soma the eoutiegency
cease which would give them the right to do so. In support
of this view Mr. -Liakleter cited the followiee tosses
sr En pane Lewis." 1 Mua. end Mac, 426 ; " Bu parte
Myers," 2 D. and C., 251; Ei puts Marshall," 1 M. and
A. ; " Bn pert. Sionem." ditto ; "Thompson v. Thome
me," 2 Brie.; "Re Willie," 17 L. J. ; Sew, 4 Rs.
shaper Poss. v. Winter mil another" L. T. 9th of
Juno Ju
ly.
Mr. Warbary v. Tucker," L. T , 14th
Me. Lewrenre took the objection that the deed emitalsed
so cevesast on tee pert of the beak/sots to pey, but merely
that some other mums should pay. They did ant say that
if Gaudette did eet pay, they would do so. There was
therefore so contiageasy in the cue. It was admitted that
the Smalls wi re bankrupt in Franco; but the covenant
was sot sash as to give theta bankrupts • right of proof
simian Guided. mute. Had the bankrupts bete called
is to make any paymoot is fulfilment of this covenant, they
might hays p:uved against the estate of Gs:Wells for that
amount. Another objection was that at the time of Muse.
8 rattan's bankruptcy the principals, Messrs. Gaadell, were
solvent. Were this proof admitted, the dividend would be
indsfisitely drlayed ; but for it the separate estate of Mr.
&reheat winld be nearly solvent. The aces relied on
were Amite v. Holden" (22 Law J.); Towne v.
Field" (4, Q. 8., 386) ; " Warburg y. Tucker" (25, Law
Times. 246,.
Mr Haman tendered • proof for 10,0001., ea bebelf of the
Edinburgh Life Issuance Company. against the separate
eaten of the bankrupts. The proof was made by Mr.
Gilbert Laurie Finlay, the manager of the company. It
maa (twirled on a rove to pay a large sum of mosey, be
eight instalments of 3,0001 each ; dine had been paid, and
is. was dee at the time of the bankruptcy. In this rem
there was • covenant by the bankrupts themselves to pa
Be impend to prove either for the whole &mosey" gar tbn
3,0001. du in July last, coterie's claim for the esearlader.
This was another ease in which the bankruptelled bosom
eared*. for Mean. Goodell.
The Commissioaer—The only difference *Nonni to be
that is th 4 ease they covenant to pay, in the other they de
not.
Mr. Hecoo—And there is • default in our case.
The Commissioner—There is no default before the time of
the bankruptcy.
Mr. Huns—Bat there Is default before the proof le
made.
Mr. Linklater—Perhaps the course will be to adjourn the
div.dond under the separate estate., es well as under the
joint estate. We understand your Honour to reserve year
judgment on this question.
The Commissioner—Oh, yes.
Mr. Lawrence—Thou I think it is but fair Hut the di*
dead sbouid be adjourned. Perhaps it will boom ear
easiest that the Sitting for dividend should be
until the day app;leed for the last smosinellearrxt
December. In the meantime, we shall be ebb diatereelee
this and other question'.
The Cosentineioner—Very Well, let it be ed.
Mr. Bell (B. dford row) teetered a proof fm 7,1001.
against dm separate estate of Sir J. D. Paul, gaiter file
manisge settlement of Mr. Aubrey John Deegigni. kb
see, on his marriage with Min L. L Kaye, 811 J.
D Paul bad etearastud to his MI as me a Eat fa
quarterly instalmesta The ••••taistmg bad yaks'
b 7 Kr. Morgan et 7t2211. A tastier 11111. co
stendered is respect of is mauler t• slab see ass's
wife was 1* the event et eis , eel tam sal
llr lion7los WI&
JAWSSII6O oared se •bleaden t• the Lot port if if*

jaNiallimel6l the eagegament might lave hiss as impir
M/ ese as Unpin et 6k him earsL As *the latter
MEb, le did set sae low the fesitabilayof the
set wearryfag again weld he made a wheel of
y Mr. Merle*
1.2 Alma
ever sed mid the least pod of the
NMI Mad ever he bribes seesidellelle.
itr. DA submilleol smother prod ea behalf of 11r. Astray
Paul Itai 4,0768, his*, vein of a renesisaerf Waren*
SAW flank. arbiati the ma. whoa la sanest see he 1549.
had by Geed sa~sred le his faller, 11, hire giving hie
feasseal
enessat that ea kis *Okada meshes &mad pay
the anew&
Mr. Lawrseas Mitred se *Wks, and the gaol was
Lawman said Gat, Hie. Aubrey Paul Why a ear
'Mesabi, deafer to the a debt end be Awed es
sit eM la ef his _
Oilse~nindea renewed "he camellia el the Data beads
ea India be bed aseght=eatheether day, sad ogles
sehdag ties already
these&trilig""&
Mr. arrsairsa—be bad larlielaUld that •
• Oebreshise said OW arum& of bad boa
raised ea beads whisk had bun mitegglegelateh Tles
solicitor is the melees% formerly the eallterM tht blab
nets, is gem reams er ether was
t=sllll yenta *e
',editors lantes the basalt of thk
Mr. LIIIIMIIBII said that a min walrus slatemat tam
sent made. Re bad seas anal ad mildew le Ihe Mak-
rapes, sad bed sever eves nes *sea tiam:lpsea whisk
they were mode *skew's. There were et 1.100
rose es IMO .Meta I and every ad appeal*
was weeded se the amment it was made.
Mr. isetimin *et lbe arediemna the mirky
senrhiss get ilebeft Is tbe paella of
bet eagle te be gambled le preys at sase, otherwise they
Gould sat take fen at the late exankelha hes**
Tin Cesentimiewer—Thaes men hoe sammtilega mime ,•
do the arehmee whit te pass it over, by pie*, *eh debts
Mr. Lawman NU that the panties Mem NMI= wend
an be at all ellseled by say mune they We* wow lake.
He kid is his heed a list, ennead by the amemilens.
all *e essmitin whisk have lama desk with by the
Visitsfitear observed that at the former eaetlsg, wawa
panties wee applied for by the baikrepts, se append=
was eareshead it was of nurse (nand.
Mr. Odemlihse said le whin' se prove her 4831., is behalf
of Captain lleseis. whom Dutsk beads had bees pledged
wink Mr. Pappensaa. Thwere prepared with proof o 1
the eanumisa.
Mr. lAndoes said be had ae elfeetlea whatever to
admit this reef. Hebei prepared a list of andiron when
seserities bad ben impaperly dealt with, es whose behalf
be proposed to eater Adm. reeerving their right to say
*rake that lait* 19, seerneed ken the deposit's@ of the
beads. If 11r. .
Os
wished it, Its wend strike Dept.
Monies ems eat et *se w
Mr. Colombia* said he sheahl wilt that to be dome.
The Osurnissionr I Mob yea an *Meg rather a
doubtful seem. Have yea sammuelieled with year ellen
on this sew slate of things
Mr. Ceiembin saki be was fully imerasted, mad wished
his claim to be asentseted has • presd
as —absaisabsdazi
.!aim be might have a esadageat mid* le be
from the degmiless of the beads.
The fees! was admitted ea this nankin.
me twine me jossa4 reek were ail=sernd the
antSo ingwas me el athareed *the ll* of
Fria to rye mesa* of she* MAX were made is die
nurse Gt the sillies. =dad* et the list of *elm pet is
by lit. Lawn*. em bean et the headers of the relestag
neuritis'. The total at Wu skims, 40 in ausber, emeasts
In 123,8781. 10a. 84., the amounts varying ken MU to
21,3871.—the claimant ter that usenet being Dr. Griffith.
The following is • samemay of the enarities
868,000 DatsL liras. 24 per oak at hi £46,117 10 0
16,800 leak Beads at 22 p. p. 16,973 18 0
10,00 liabegass Bills at 14 p. p 10,673 10 0
10.010 Death 8 par mate. at 82 8.200 0 0
1,000 Do. I per seals. at 1021 6,126 0 0
88.000 Data Si pee NW& at 90 6,600 0 0
60,000 Do 4 per seats. at 96 3,968 6 8
12.700 Brazilian 6 per cents. at 100 12,700 0 0
12.000 De. 41 per cents. at 93 ll,lBO 0 0
8,000 Canada Bonds p.
128,498 2
Dednet 2,800 Exchequer Bak belonging
to Strata and Co
£133,87810 II
The following memorandum was sussed to the Lets
"Admitted as tiaras only, without prejudice to any quer
tioa of moat, and also without prejudice to the right of
the claimants to pertleipete in the funds whin may rennet
is the heads of the Separates* of the securities."
IN as C. I. YARN.
This was the first meeting under the bankruptcy of Charles
John Mare, shipbuilder, et Orchardlard, Bilateral. The
court was most laconveniently crowded with creditor',
upwards of a hundred being present ; and the formal lila-
sees of tails unopposed proofs occupied a long time, owing
se the difficulties which gentlemen experienced in making
Sisk way to the front of the court to be sworn.
Fresh to the amount of about 60,0001., chiefly on trades.
manes bills and banking accounts, were taken is the course
▪ the day, and the following gentlemen were chosen trade
meiguees :—Mr. Peter Rolt. M.P. for Greenwich; Mr.
hark Rueter, of the Commercial Bank ; and Mr. Samuel
Tuner, merchant, of Shadwell. Mr. Lee is the official
soigne* under the bankruptcy ; and Mears. Lawrence,
Plows. and Bayer, the solicitors.
A statement of the estimated liabilities and meets of the
bankrupt hat already appeared in the Doily News. The
unsecured debts are about 160,0001. ; total liabilities about
400,0001. Tbe assets cannot yet be correctly estimated. The
business is being carried on under the direction of the
official amines.
Mr. Liaklates appeared for the beekrupt.