The Express.
London, England, 1863-06-02 00:00:00

LAW INTELLIGENCE

COURT OF BANKRUPTCY.—Juxa I.
(Mon Mr. Commissioner Hokoyd.)
IN MI T. H. STENCIL

• curious question him arisen under • deed of arrangement
executed by Mr. T. H. Spencer of the Mitre lon, Maidstone.
The trader had fitted up new premises for the accommoda-
tion of persons attending the assizes at Maidstone, and
others ; he had ordered a quantity of furniture of Messrs.
Stanger and Edmett, of Maid.tone, about 1501. worth of
which was supplied previous to the commencement of the
last assizes. Within a few days of that time Mr. Spencer,
finding himself inconveniently pressed by some of his credi-
tors (his debts being then upward. of 18,0001.), sent for Mr.
Stanger, and offered to convert the contract for sale of the
furniture into one for hiring, at 15 per cent per annum.
Mr. Stanger acquiesced in this proposal at the time, and
made an entry in his book to that effect, which was
by the
debtsou% toSureb"vuse:ltieyiurnMriture Stanger,wiitiavi!lnrg
Spencer at first cousented, but afterward', on the remon-
strance of some of his creditors, 'misted the removal, and
the furniture remained on the premises. On the next day
the debtor bad executed the deed of assignment, and the
trustees claimed to retain the furniture as having been put.
chased by and being in the possession of the debtor. The
parties had agreed to leave the matter to the decision of the
court.

Mit; facts had been turned into a special cue.
On behalf of the trustees it was contended that the
property bad been absolutely purchased by the debtor prior
to the date of the deed ; that the arrangement by which it
was alleged that it was returned was a fraudulent pre-
ference, and could not be supported as against the trosteeri ;
and that the furniture and effects were, with the consent
and permiasion of the true owner, in the order and disposi-
tion of the debtor at the date of the deed.

Hie Honour said Nut is deciding this owe he roust put
himself in the position of • jury, and he could only come to
the conclusion that the transfer of those goods by Spencer to
Stanger and Edmett was not only voluntary, but was also
made in contemplation of bankruptcy. The deed executed
by Spencer under the 197th section was tantamount to an
adjudication of bankruptcy obtained against himself ; and
looking at what had taken place between the debtor and
Yeses. Stanger and Edmett immediately preceding the
execution of the deed, when he told them that he was
unable to meet his engagements, and that he wished to
protect them, the court could come to no other
conclusion than that the trlinelletioo was, SS the bankrupt
said, for the protection of Messrs. Stanger and Ealmett, by
giving them a preference, and putting them in a better poM.
Mon than the other creditors, by securing to them at all
events their goods, leaving it uncertain whether the other
creditor, got 20s. in the pound or not. The court felt bound,
under the circumstances, to adjudge in favour of the trustees,

however hard it might be upoil trade men who had suppinpa
goods so recently before the execution of the dad of
arrangement.

DE. DI JONOWB LIGHT-BROWN COD LIVER One
—The following communication from A. G. Chattaway, Esq.,
Surgeon. of Leominster, tee, Dies to the cerability of consump-
tion by the exclwire use of Dr. de Jough's Nese, e.ur
years since two cases of confirmed plchisis were placed under
ay care. The sole remedy empl rod was Dr. de Jonah's UAgbt•
Brown Cod Liver Oil ; end now IMO, the pstieuts ere strong sad
fit end in the one cue 'male htuiting fishing, end 'booting are
freely indulged bead only In capeuled bottle; 2s. Ott,
and vs, 4 Dr. de Jongh•a agents, Anew. Barfrd,Yd Co.,
TI, Strand, London, and chentisla—LAdvarthentent.)