The Express.
London, England, 1863-05-19 00:00:00

LAW INTELLIGENCE

COURT OF BANICRUPTCY.—MAT 18.
(Before Mr. Commissioner Pena)
rie BAMUAL ADLUB.-11TRAOILDDIART CAM
The bankrupt was • banker of Hertford and Want He
failed in July, 1866, with liabilities of upwards of 130,0001.
Dividends of 6a in the pound bare Shia. been paid,
and some two or three years ago an order was made for
superseding the bankruptcy op certain rims. A petition
bad now been promoted asking that that order might be re-
voked on the ground of fraud.
Mr. Lawrence appeared for the assignees, who bad pre-
sented the petition : and Mr. Sergood for Mr. Adiuns.
Mr. Lawrence said that the petition prayed for an inquiry
into property which the bankrupt was believed to have con-
cealed, and that the order annulling the bankruptcy might
be rescinded. It was alleged that the bankrupt had omitted
from hie Wanes-sheet moneys to the amount of 1,4C3/. or
1,6001., which might have been reoovered for the creditors,
snit which might now be recovered if the assignees were re-
instated in their function. The first was a sum of 501. which
the bankrupt had recovered from Mr. Cobham, of Ware,
solicitor, and which was the property of the assignees, but
had been wholly omitted from the balsam-sheet, and had
been since recovered by the bankrupt The next was a sem
of 5791. 4e. 6d., due from the bankrupt's nephew be-
fore the bankruptcy, for which the bankrupt
had sued his nephew to judgment, and which
was also wholly omitted from the balancatheet.
There was farther a debt of 2001. due from Mr. Jordea, of
Southampton, which was not disclosed to the assignees, end
for which the bankrupt bad obtained a decree in chancery
so recently as the 30th April last. The bankrupt bad also
purchased in the name of Coker some land, formerly part of
his estate, for which he had paid 2091., which mousy the
petitioners contended woe part of his estate, and bad been
improperly concealed from Lis creditors. He had also
bought from Mr. Collett a house called Collett Hall. for
8601. ; and a boar in Back-strest f0r2101., also part of the
bankrupt's estate.
The Commissioner—According to that he has kept back
about 1,5001.
Mr. Lawrence said that the bankrupt had pared his exa-
mination, and signed the usual declaration that he had given
up all his estate and effects. Is accounting for hie property
be alleged that he had lent 3,5001. to one Captain John-
stone—or rather Robert Johnstone. On the faith of that
statement Mr. Adams had pared his examination, John-
stone being returned as a debtor altogether for 6,5001. Of
this there was no doubt he hod lest Jobnetone 3,0001., but
not more. Johnston. himself afterwards became bankrupt; '
and ou his being examined as to the alleged debt of 3,6001.
to Adams, be denied that he had ever had it, or any part of
it. Adams was brought bets the following day ; John-
stone's examination was read over to him ; and he than
admitted that his former statement was wholly false, and
that he had advanced no more than 3,0001. to Johnstone.
Mr. Sargood said that before going into all these fasts
there was a question of jurailictiort. Here them was no
bankruptcy; the petition was merely entitled, "In the
matter of Samuel Adams, of Ware, in the county of Hert-
ford, banker," Inc.
The Commioaioner— And you say that Adams is not •
inkrupt?
Mr. Sargood—He is not, or they would bare added, "a
inkrupt."
The Commissioner—Then you say that I hue no jade.
thou ?
Mr. Sargood—No more than I have. The matter is
tram non iodic.. There ts uo pending bankruptcy, and the
ration hull abstains from calling Mr. Adams • bankrupt.
Ei May, 1860, the bankruptcy was annulled.
The Comuussiouer—There was • regular compromise, was