The Express.
London, England, 1852-03-27 00:00:00

THE EXPRESS, SATURDAY EVENING, MARCH 27, 1852.

support • easapalsory rate ; sad they bad tierelerie
tole gelded by the sums of 1679. The ea Me
halter the appellant went to the Millet world
have hem sodded seder theisldee MOO* law to hug, and
whs the logielnleme Owed the lam he wee, tberehee, en-
se the-bees& edam sebeekatedemele of relied Pat
be (Lord Traro) apprehended that it was ignite • Weeks
to suppose that the appellant meld dim to be chided to
beg wfihia nen* et the elate le. The simple quo-
dee wet the esalesialou el lb* set of 140.4e1tedoer a
MS mad in bed, see he meridoeed on " ineelent 1" It
appeared to WA ibis there was me ground whatever for
sillemeeimig. Pin dente whatever had been
eetertaised ea this gentles ern the bft!smug et the pew-
ees. emetery in the use wdeletedte etM !aleck t. Dow
Nei r bet with all due roped tte the ealireley et the
lend Jemi be that we, he Rest say this 9 Mier
armed me- it Owe Iseneed persona had bes• MISSIIIkg
gumbo et improvise the laws the eadoneeileg tear
striae dry Seettieb sets of parlieneeL The gated pew
ties was net see on which these meld be ray heat.
2:4 as to the Bth and Sib et Tiolleth. it it
provided that It iheelil nut
give say =N:: any abliebedled pewee le he yet
on the roll. Under that act the applies* dearly had no
right to claim relief. The set wee very invariant sal de-
risive, and the house alight at once have &idol IM emotion
on that authority, but on a question of this pedelle_lneort-
lace it was. perhaps, better that Me point Weed should be
decided on the general merits. On the warily he was of
opinion that the judgment below ought to be atdrmed, and
this appeal distaissed.
LINDSAY V. WThen.—JUDOMINT.
The house simply alarmed the judgment in this case.

Mr. Ruddkatowe, who was one of the soused for Om pro-
'coition, rose sad addressed Mr. Justice Wiabtutan, and
said he humbly prayed of his lordship that the prisoner
might now be celled up ; and the learned counsel also sp.
plied to his lordship to order the reran* incurred by
the case being argued before the judges in London.
Hie lordship intimated thst the expenses would be or-
deceit. sad
TM primer was saki upon to noire jult.
His lisokidp said that be was net aware of the
writs ef the ease.,..bat be had resolved • essissaukatioa
from his broths, wba toted *be ease at en lest anises,
stub.. what he thought the seinesse should be, which
mamma ha abeeld new presewses. The misses wee,
that be sheets be isepriessed sad kept to bud labour for
12 calendar maths. . -

The primmer sppeared my pale rid diented. Ha was
removed is emetody.

COURT OF BANKRUFTCY.—Yiuntamr.
... Boom 110. Casnomouria num.__

IN 11 FT/Fll MiLTITT;;3.-EXT11(;;;IIIKCANTILII

FATtuan.

This was the last examination meeting in the one of
Edward COWIN'S' Fyffe and Ebenezer W. Fyffe, I
merchants, of llowford-buildinp, FenchureaseelegL ffe
smut was crowded with amain and others ileassimil is
tads important case. The noments are in smosstassegs.
meat by Messrs. Quiltersinn. trihAs llis as slim es
the business carried es Is idslsis bum or
pleted and the joint behmee-ihret, bed be..
lied, shows the following results :—The amounts
from. January, 18.50, to February, 1862, and show, toms&
toes, 11,0591. ; ditto secured, 34,9771.; liabilities Is
of standing consignments, 1,7811 ; liabditimbe d
unfulfilled contracts, 5,292/. ; liabilities on bills worrarilin
considered good 20 ,3151.; capital, 3.5711. ; wag%
By good debts, 1.0101.; property, 1,7561.; dittoing=
el creditors, 2;3,7711.; property claimed, 6431. by B.lfter.
Jun., Calcutta, 4,11951.; expenses, 6,5431. ; losses, 23,494/. ;
partners' drawings, E. C. Fyffe, 7841.; ditto, E. Fyfe,
Jun., 1,0311.; ditto, E. W. Fyffe 452/.
Mr. Lawrence said be appeared for certain large cre-
ditors in this ease. Ile presumed, as the accounts were
only partially rendered, that the bankrupts could not now
yam
Mr. Baker, for the assignees, said the bankrupts bad
rendered the axounts of their transactions in England,
but they had also carried on business at Calcutta, and of
course those accounts were not yet prepared. There was
another partner in the Calcutta firm, E. Fyffe. jun.' who was
not a bankrupt at present. The English amounts had been
made out by Messrs. Quitter, Ball, and Co., with the con-
sent of the assignees, who had no wish to delay the bank-
rupts' passing longer than could be molded; but as yet no
accounts whatever had been received from India.
The Commissioner—You say it was one firm, do you?

Mr. Baker—lt was.
The Commissioner—That being to, the bankrupts cannot
pass on any accounts which do not include the Indian
accounts u well.

Mr. Lawrence—At the preliminary meeting of creditors
the opinion was very strongly eapremcd that the partner
in Caleu.ta might also to submit to bankruptcy. Your
Honour will readily perceive the difficulties which might
arise in administering an estate where one of the parties
was legally solvent.
Mr. Baker—We hare already sent out a power of attor-
ney and an assignment to Mr. Edward Fyffe, on which to
found an act of bankruptcy. We hope they will soon be
returned, executed.
The Commissioner—Would not the best course be for
some of the creditors to attack him there ? Let them sue
him in India holding out the writ in one hand and the
olive branch in the other.

Mr. Baker—l still think that that would be • proper
course to adopt; and my client is willing to do it for the
benefit of the estate, on being indemnified by the creditors.
Mr. Lawrance—The misfortune is this, that if any pro-
ceedings are taken against Edward Fyffe in Calcutta, and
be should take the benefit of the Insolvent Court there,
that would not improve our position. If the intimation of
the creditors and of the court were conveyed to Mr. Edward
Fyffe, as to the expediency of his coming over and sub-
mitting to bankruptcy, I hope that be would do so.
Mr. Baker—l think the suggestion made by your Honour
just now is very desirable. It is important that he should
submit to the jurisdiction of this court for many reasons.
Mr. Lawranee—There are questions as to the disposal of
property by these gentlemen just before the bankrupts',
which certainly cannot be decided till Mr. Edward Fyffe is
also bankrupt.
Mr. Baker—l don't see how the bankrupts eau pass their
last examination at present.
The Commissioner—They cannot, unless they have some
means of rendering the Indian accounts. The end of it all
is that there must be an adjournment. And it is useless to
In a day almost. What do you propose ?
After a conversation, in the course of which an adjourn-
ment for three months was suggested,
His Honour said he thought the best course would be to
take an adjournment sine the, and then the bankrupts amid
come up wh they were prepared.
Ultimately en adjournment sine die was agreed to, with
protection.
Messrs. Prescott, Brothers, of Manchester, sought to prove
for 5,0341.
Mr. Baker opposed the admissibility of the proof and
cited cues in support of his argument, that Mears. Pres-
cott, having obtained property by way of fraudulent prefe-
rence shortly before the bankruptcy, could not prove until
the property was given up.
His Honour, after consulting one of the other commis-
*Misers, said the proper course would be to admit the proof,
the assignees being at liberty to bring an action for the
recovery of the property, if they were so advised.
The proof was admitted, end the egarainatioa was ad-
journed as agreed on.