The Express.
London, England, 1855-05-14 00:00:00

COURT OF

IN 111

r,MAy 12.

lIITANT 4LITIMITION VXDIIIR TIM
MAT 01•178/110.

A home engaged is the Australian trade, and which
failed fora very lards amount, petitioned this court lands,
the Arrangement Clauses of the Consolidation Act in 11149.
The creditors bad appointed trustees, one if winos wee a
credit*, for 90,0001. Is onsequesos of a few enthuses re-
fining to epee to a twoopositioo, hot insisting span pas.
meat is fail, the pertain is the ern petitioned the court
%wilder the 212th sec ion. According to too provision of the
a state an afildavit is antiesed that the petitions,. have
assets ready to be produced to the value of 2001. and
upwards. In this nee that sun was paid over
to the 'anal sadism when the pstitias was
illedos the 70th et March, 1816, and the petitioner,' set
forth alat their 'usability to meet their engagements arias
fres ao: °Wines renittnese hen Adelaide sad Mel
ensine, settiner they had eossipsed large quantities so
end& Is .neurdesee with the payer of the petition, pro-
ceeds. wee Oen to their property and persona. To, ap•
obatio, asw .'ride by W. 'Awnings was that petiloa
4bt be &mined, ind that the 2001. paid iso the 'mini
rces heads might be restored to the petition's.
e Ctengeleaebeg gel any meta bad boss realises)
Vain the Mate ?
Mr. Lewr.:44.....nne
wee 40:0004 tha hoods of the

ineteas "Yea tM potiliee cite Mei. Mid I believe 10,0001. •
mon hea shies Dm realised. -
The Osmeisinet--Whst Op Welt pine wider the ►yeti-
Men
Kr. Lemma—Nerve at all. Ne creditors stew:led.
The Oosamissiseer—tee been( obtained the prof.ection for
tbek pence sad *hale /newsy from this aeon, they
MW hens to ask Ore tie 2001. may be handed back
M them.
Mr. Weems—lt tt the creditors did not wlah to
follow up the gad 'coexistent!, the pee
tionn mit Ise rattled Of the petting.
The Comedeiner..-The dismissal of the petition will
amount to aa eft of baakruptcy under the statate.
Mr. Lateness was aware of that, bat that wee no reams
why the emit Gisela set seeds se his application.
The Camembert meld net see bow be weld make any
order for the obidway up of the 2001. under such circum-
stances.
Mr. Lawraumesii, that though the dismissal of the peti-
tion would NNW to an act of bankruptcy, yet of that the
court could not, so to speak, take mottos.
The Commissioaer—They are then bankrupts.
Mr. Lawresses—Not uat*l the Media; was proved, sad a
petitioning ',editor's debt established, neither of which
amid be don unless by creditors; bet toe creditors were
satisfied in this ems and would not move.
The Commiesiesa—But ea act of bankruptcy having been
oommitted is the otlisial assignee not obliged to take notice
of It I Is he Junin in heading over the mousy ?
Mr. Lawraase—Tes, in the same way as when a bank-
ruptcy is superseded, though the 6a of bankruptcy still
remains; for if the act of bankruptcy were up,n a declare
don or lasolvoney, a creditor can proceed upon It for mouths
after ; if on an easignment to the creditors to twelve months
after.
After some farther diseassioo, his Honour made the order,
the petition.

INSOLVENT DEBTORS COURT.—MAT 12.
1111101111 tan. 0011N111•110.111 mums.
IN Sfh MATTIS OP JAXU HOWARD TULLY,
TIitteTILIO•L lIPSCULATION.
This insolvent, the well-known musical director, lately
saaarger of the Strand Theatre, applied and., the Promo-
tion Ain foe a day to In named for the final inner.
Mr. Reed supported the applioation. Mr. Lusts was in
attendance to oppose on the part of Mr. Raiford, who had
been a member of the corps dronssrigia of the theatre, and
had 'sled the insolvent, but shortly before the case was
ttaUsd the affair wu settled, and no opposition was offered.
The selei dale contains debts to 5051, of which 1671. were
men Shea own entered. The only debt owing to the insol-
vent wee from Mr. Charles Mathews, tor services rendered
at the Lyceum Theatre as musical director. The claim was
221 10.., and inserted as" good " The insolvency was attri-
buted to his having taken the management of the Strand
Theatre, an nadertaking which proved to bee failure, and
also took him nom other duties. Further, it appeared
from the proceedings that from July to January the lases
at the Snead Theatre amounted to 2501. Mr. Allesoft
was a creditor on the sett. dole.
Mr. COMIIMiI/1011t/ Phillips looked over the schedule, and
referred to a debt owing by the iosolvdot to the Dramatic
Authors' Society " for plays written and supplied to him."
Re asked for as implanation of the es try.
The insolvent said it w.s for sating pieces at the theatre.
The partial, were members of the sonny, and so mash was
charged per night.
Mr. Commissioner Phillips thought it was an odd entry.
Mr. Reed remarked that the insolvent bad been lessee of
the Strand Theatre.
Mr. C..mullesioner Phillips was aware of the circumstance.
The ins ilvent stated that for a one act piece 10.. a night
was erarged, and for two acts 11., and so on, according to
the first and second ekes theatre. 1 hey were called authors'
and traaelaton' fere.
Mr.

Phillips said be was afraid It was all
the same thing to authors and translators. (A laugh.) His
Honour ordered a day to be named tor the final order, and
seeing Mr. Lucas In court asked if be opposed.
Mr. Lucas replied that he had no opposition to offer.
A day was named for the second bearing, and the protate
Mon was renewed to the 9th of June.
DILL DISCOUNTING.
In a cue heard to day it appeared that a bill discounter
had taken 31. as diennut.t on a 201. bill at three months.
Besides the discount, 21 was charged by so agent as " cam-
erasion " arising on the ietroduction.
Mr. Commissioner Phillips did rot wonder that parties
who bad anything to do watts them became iosolvsat. It was
ae the rota or 125 per cent.