The Express.
London, England, 1852-11-04 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBFR 4, 1852.

to issue the bill. Ilia lordship thought it would be Molly
il.iugerous in • counn,reiel community like Ibis to hold in
• court of justice that such a bill payable to the bearer or
ordur, ourld nut be recustred by a bons Me bolder. A.
thu case was one of the greatest impatience, the court
would not grant • rule without the fullest consideration.
Judgment socordingly dr r.areil.
LTKIIS I. Low CnaaLr.s Hurssu..—Titz ♦LIDITT
OF h. WIJ/JLA7IT ',SURD ST TUB St. ALBANS ELICTION
Cumurrres. . _ _ _

This was an action tried before the Lord Chief Justice,
at the sittings after the last term at Middlesex, when
a verdict was given for the defendant.
Mr. Edwin James, on the part of the plaintiff, now
moved for a rule for a new trial, on the ground of midi-
recites. The learned counsel stated that the question was
as to the validity of a warrant issued by the chairman of
the St. Albans Election Committee, under which the plain-
tiff was arrested and detained in custody for three date.
' At the trial, the case having been opened and the &fen-
,' drat having pleaded a justification, put in the warrant,
signed by the Serjeant-atAnas of the House of Commons,
and the Chief Beres held that under such an instrument
the defendant was justified. The question now, therefore,
arose.. to whether the warrant was valid or not. lied
the warrant been issued by the Rome of COISIMOCI it would
have bean bold a legal warrant, and he (Mr. James) be-
lieved the question intended to be argued by the Attorney-
General would be as to whether a select com-
mittee of the Howe of Commons had the name
authority in issuing writs as the house itself.
H. had no authority to state this, but believed that it
would be so from the course taken at the trial. The ques-
tion therefore would be as to what jurisdiction a select
committee had relative to the issuing of writs. The plain-
tiff Lynes was a voter, and butler to Lord Vernlem. lie
had been summoned as • witness to attend the select win-
mitWa appointed to try the merits of the St. Albino eltc-
tion. When before that committee the chairman thought
that, in answer to a question put to him, he prevaricated ;
and he (the chairman) issued the warrant in question under
the act of parliament by which the select committee* to
examine into election petitions have this authority. This
act was 11 & 12 Viet , cap. 99, which prescribes the form
in which the chairman should be elected, and section
createerin fact, the powers under the Select Committees
Act. The following were the words of that section :
" That every such select committee may send fur persons,
papers, and records, and may examine any person who
s subscribed the petition which such select committee are
appointed to try, isolate it otherwise appears to such com-
mittee that such person is an interested witness ; and they
shall examine all the witnesses who come before them on
oath, which oath the clerk attending such select committee
may administer. And if say person summoned by such
select committee, or by warrant of the Speaker of the
Mouse of Commons (which warrants the Speaker may issue
from time to time as he thinks fit), disobey such summons,
or Uses, witness before such select committee give false
evidence, or prevaricate, or otherwise misbehave 111 giving
or refusing to give evidence, the chairman of such select
eewinittee, by their direction, may at any time during the
seam of their proceedings report the same to the house for
the inteeposition of the authority or censure of the house, as
the case requires. and may by • warrant under his
hand directed to the Serjeant-at4rma attending the Mouse
of Commons, or his deputy or deputies, commit such person
(not being a peer of the realm or lord of parliameut) to
the custody of the said serjeant, without bail or mainprize,
for any time not exceeding twenty-four hours, if the house
be then sitting, and if not, then for a time not exeeetling
twenty-four hours after the hour to which the house stands
adjourned."
Their lordships wouldrentember that this was an addition
to the power given under the Grenville Act, by which
they only had power to report to the house for the
interposition of the authority or censure of the house.
What he now complained of was, that the
plaintiff having, when before the committee, been
mewed of prevarication, he was delivered to, and detained
in, the custody of the Sergeant-at-Arms for three dajt
under the warrant in question, to which he had three ob
}actions, vie., it did not state any offence; it did not say
that the plaintiff was summoned u • witness; nor that he

was ezaaUrt" ed ea oath. He (Mr. Jamts)Woull further
submit that the jurisdiction of a select committee was
very different to that of the House of Commons hack. It
was merely a seethe of the house which bad particular
powers, whisk mist be legally and, correctly carried out,
sad they themselves were subject to the house. The com•
mitts, mealy bad the power delegated to them in election
petitions to inquire into facts and report thereon, and if
anything further were to be done, application must be made
to Hs Mese itself. . .

TIM Lial didaßaros said there were many eases in which
=fedliedig almimbers made orders which would by
as Weft hem a branch of the superior courts
at Westminster._ _ _ _

Mr. James atelealtbed that in the case of a committee they
tandd make se laden ; they must apply to the house.
The Lard Odd Moen considered the question one of
imgeirtimire, as betrakiss a great principle and the liberty of
the saint.
Bei NMI granted.

KJER CI:IAMB/at-
____—YESTERDAL
BORINZIO OF TYR COVET.
_

Hurt sat today for a abort time, and announced that
it would sit on the 9th inst. to hoar snots from tho Court
of Cloores Beach ; on the 28th and 27th nut. to ►air errors
feea the Court of Common Pleas; and on the 29th and
7011 tan. to hear strum from the Court of Exchequer.

COURT OF BANKRUPTCY v ESTERDAT.
Somas N. 031111111KOMIZ1 YolaiminaLa.
_ _ BA FltAlillt ♦ND LIGHTFOOT.

The bankiiiptsv;erO7n;raiantT,liiiiWstreet. This
was the sattileate meeting. The items in the balance-
sheik whisk astended over 3i years, showed the failure to
be a omelderable ens. The bankrupts owed to unsecured
creditors, 64,11161. The assets were estimated at 1,680/. in
debts, and 2,3071. in goods, besides 21,2071. due on consign-
ments. Theca were no profits; the losses had been
19,6531. ; teals 3,7801. ; drawn out by Fraser,
3,7601. ;by layybdoot, W.
Mr. Reed apposed, for the assignees, on the ground of
reckless trolling and excessive private expenditure. The
belanse-shest entsualed from September. 1848, when the
healtrwpie asunsweed busineu without capital. One had
ham behudime it India ; the other was respectably con-
nientsA Their imam business was to purchase goods,
sod sleds Mama as them of 75 per cent. They had
sows es dark tranesetioas sad their credit, willi-
es' a Ibmbleg gel either own to M hook upon. They
had lotaght goods 'tweedy wiry we, there ben about WO
coedits= ea the balaasewheet. and bad nada sassllistats to
every pest of the weft& including India, Mem Australia,
sad Oaillersia. At the time of the failure they hod son-
alereems eutstandlyr valued at
_..10,0001., ea which they
W obtaiaed esivemess of 43,0 M TheyThghod olusinned
lamely to Mr. Rash* of New Tut. WU had authority
%sell for Molnar Om he could get TIM he did on the
Muse, and the searegessee wee dim wow nothing to
moo he the estate ; but . te the Misr hoed, lb. Ritchie
heed to be a attain Altagatior there were claims
against she estate of 67,8001.; way had been received
end the name mem& resolvable would be
4,001 N. lisin may ease% owing to the went of sufficient in •
quiry into the stability of the assignees, there bad been
homy leases on the sessignmente. The amount es far
ascertained was 13,1731., fa addition to 6,000/- by bad and
doubtful dews. Win ea item of 21,0001. put down as M-
imeses duo ea maligaments on which advances bad been
wage, but on wbieh the assigeoes did not look with any
Impsful eye. Them bad Ulla literally no profits,
Mee the trade expenses bad been 3,7601., the private cl-
llir of Feuer 3.3101., mad that of Lightfoot 4,3281.,
si itsrespectively at the sate of 1,0001. and 1,4001. a year.
T o letter, whams ospeaditare was the heaviest, was a
sea, and was iwealvent to the extent of 4601. at the
mmeseaseinent The bankrupts had suspended payment
be August, 1861; they had then convened their creditors,
smil submitted a statement showing a surplus. Inspectors
were appointed; they found front time to time that the
mats were melting away, and eceordingly required the
bankrupts to plum themselves under the jurisdiction of the
Mart, which they immediately did, by doming declarations
of %solvency. Only 2001. or 3001. was collected during the
▪ lisallis by the inspector.. It could not be contended
tee the Urea were unavoidable, but the assignees did not
Wilk to form vindictively against the bankrupts.
Mr. Lawrence, in support of the bankrupts, admitted
that the amount of meets was uncertain, but showed that
this wee attributable to the speculative nature of the bui-
the latila
lt= the basissuses owed es, that of consigning goods to
nesiset.
The Cominideese—ilse not that been matter of nolo-
.

riot y for paspassad years t --.-
Yr. Lawmen said it wee me, bat it was also notorious to
the creditees that this bankrupts mem engaged in this busi-
ness. It Me said 82 had mmalgeml to an parts of the
world, but their Fri teesiskaabes had been to India,
where Kr. Fraser, the priadvii paddler, bad been, and had
a perfect knowledge of the marksts them. AU this was
knows to the madam& who would not, therefore, complain
of the way in whisk the huetwees was carried on. It was
said the bankrupts had reposed plenary power in their con-
signees. Such was the uniform practice ; and it must ne-
cessarily be so; for how could consignees at such a distance
oessmunieate with their principals ? All the large mercan-
tile Mimes condected their basiesse on this principle—ob-
taining advances en the goods, and relying on the probity
of the eewign.ea fee the rest. Nothing was so sensitive as
the state of the foreign markets; on this depended, in
many eases, whether a merchant became a bankrupt er a
mill cream. The great loss in the realisation of the motet,
was mainly attributable to the failure. At the time they
were in the highest possible credit, and might have pur-
chased to any amount; but the moment they found them-
selves in dificulties, they called in accountants, whose state-
ment showed either a surplus or assets producing n...r in
the pound. But the arrival of advices from In undiug iv Nil
them; though nearly 20,01101. was still du.• on r.in•iginuente
taking theta only at coot price, it was 1.m1,,h1e that little
writhi he receited ; fur the roii.o.tnees if they ...11.1..ed any
art..ll.lt set atil, wouldlto vat/to render It to 'net, own
law ao we, always done in the easo of liiltir. ,red
rrsu.t vie" the creditors solf,.rud. we. no ['remain,
for eivirigitip the II Mkt oliblit with fraud or diabolic.%) : th .re
had teen 110 Ilailt•r.Tv.ol.l.itioct to creditor, 11114401. r..
Ki air', of their mince) • and no individual en ;lit
iiirwsrd to c was arid Bo t, intact, he I i.ern
tockles* and improvident ; hot that depen .e.. 1 on thn
1.1 the b • •s Calfliol en, .ual t.huuld n,, In jitilge.l 1., the'
noun. It trio .11. y had no capital, nod acre not 0.-.
titl..d in coutisuing their truth. in tl:e fact tit hirge
Nur had tt.ry done el. they were obliged to wait for ad-
Itll c mitt nut kn.., the reault till tl.u..e wee.)
els:rived. They had not kept thoopelvin Almt by twin 0000•
Lllparidinslng, but had applied their ad. &man in the
IN.. The large expenditure had arisen from the
opine it whisk the bankrupts were obliged to =pre.

They bad been out of business since August, 1851 ; the
toe bad been before the court iduce March last; it wo,
therefore, hoped they !night now receive their certifie.des,
' as the book-keeping had been remarkably accurate, and the
justice of the case might be said to be swindled. The losses,
nrising from andenmenta to foreign markets, were els:m.4'l
univuidahle.
The Commissioner—S',ow me that there was any special
shock to the market, and I may come to that conclusion.
Mr. Lawrance urged that the foreign market had been
in an unsettled awe ever since the panic in 1817.
The Commitioner—That ought to have mude parties spe-
culating more careful. Is it usual amongst merchants to
make advances as high es 7.3 per cent. ?
Mr. Stenstield (the official assignee)—lt used to be so ;
but in the last few years the syrem has been very much
altered. It is found that there cannot be a profitable busi-
ness carried on by making such high advances. The
charges upon the goods, and the unlimited power given to
the houses abroad, halm away all chance of a profit, it the
advance is so high.
Mr. Laurance—Such advances are made here by the
Oriental Bank and by the Simla Bank. Tho best test of
this is that it has been done in this ease.

Mr. Slam&ld—But it must be admitted that these Urge
advances are now very much circumscribed.
Mr. Lawrancc—No doubt of it; but still such advances
are made by bankers sad others who ought to be able to
judge of the value of the security.
Mr. Stsusfield—lt toads to the destruction of confidence.
The

•And it is a system which enables
men such as these were, without capital, to go on with the
semblance of means which they do nut posters. It appears
that these bankrupts commenced business the one with
nothing, and the other worse than nothing. I have fre-
quently said that I do not consider the mere tact of a man
emmencing without capital to be an *Mince in itself.
Thousands have dune so, sod thousands have prialiered.
But it is essential that a man entering business without
capital, should take care to carry on his business in a very
steady and careful , so as to ensure his not ultimately
speculating—not at his own risk, but at the risk of his cre•
Miura. Under these circumstances, the bankrupts having
no capital in tho one case, and a deficiency in the other,
entered into a business Involving such very large sums
as one which now meets my eye.—" Cansiguments,
09,0001.; deduct advances, nearly 48,0001." This
was utterly unjustifiable. I therefore must con‘ider
that they have offended greatly in excess of trade ;
and when the matter comes here, or comes into any court,
it lino excuse to say, " This is a prevalent offence—• pee
valent vice ; this is a system of gambling which the trading
world generally recognises." Here we must consider it as
undue speculation ; even if every creditor had been aware
!ache market to which these goods were to go (which is nut
drown, and I should rather presume the contrary, because
1 Who it that when a creditor sells goods he very seldom
oho where they are going), I should still say that taking
geode upon this reckless speculation, continuing to borrow
mad buy—borrow and buy—would be highly reprehensible.
nal next point, though it bears but a slight proportion to
tho offence of the reckless trading, is, that the bankrupts
!Individually pare nut shown that regard to economy which
awry trader, and especially a trailer without capital, ought
to sbow. The expenditure, especially of the latter bank-
Mt, is utterly unjustified. I can see nothing of unavoid-
able kiwi or misfortune in this case, except the loss and mis-
fortune arising from reckless trade. This may have been
unavoidable in some instances; I will give them the benefit
of the probability of that; therefore, I will not degrade
them to the third clam of certificate, but will give them
each a eertificatirof the second class; but it must be sus-
pended fur 12 months from the time of their passing their
last examination.

Mr. Lowrance applied for protection, which was granted.
Is RE BAKER AND BAKER.—IRPOIITANT TO STOCK-

BIWILEI/B.7MISAM4PRIATION OP FUNDS.

The case of these bankrupts, stock brokers, of Throg-
raorton•etreet, was reported in our journal a few days
neer.

His Honour today said he was sorry to say that the case
lay in • very small compass. Thu bankrupts carried on a
business of which very few came to that court, and when
they did so come, it became the duty of the court,
from the peculiar nature of their business, to re-
probate very severely any misconduct of which
they might have been guilty. On the present
ease it might be remarked that these bankrupts bad made
Large losses by speculations, and lived at a rate that was
very nearly equal to the amount of their commission as
brokers, leaving little or no margin to cover their losses by
specul Aeon, to the amount of upwards of 8,0001. The
speculations hal been principally by the younger bankrupt,
but be could not but hold that partners were liable lot the
transactimis or misconduct of each other. It was the duty
of partners to watch over and investigate what each was
doing, and she; once attention had been excited to any
irregularity or impropriety of conduct, it had become the
duty of the partner whose attention had thus been excited
to be most especially careful, and to consider that every act
of the ether partner was, as it were, his own act.
In this case the attention of Mr. Baker, sen., had then been
excited. He hail reproved his son for the speculations, and
the chairman of the Stock Exchange had also made remon-
strances on the same subject. The father's sins had been
situ of mi.,' ',ls in not sufficiently controlling the actions
of his son and partner, but although he had not been so cul-
pelvic as his 600, he must hold him as • partner responsible
for his misconduct. The bankrupts belonged to • class
whose conduct it war the duty of that court to watch with
peculiar vigilance. They were entrusted with other people's
money for the purpose of investment, and the commission
upon those salts or purchases was the full measure of their
profit. They were in some respects similar to bankers, but
there was this difference—the customer of the banker en-
trusted his money with • reliance that he would lend it to
others only upon approved securit es, and it had been said
before a committee of the House of Lords, that where •
banker faithfully performed his duties, the nature of his
business was such that it was scarcely possible for him to
become bankrupt. Now, if this were so in the case of •
banker, lie (the Commissioner) could state that no blotter
could possibly fail who confined himself to the legitimate
business of a broker. His stock in trade consisted purely of
his punctuality and integrity, and that court must
heavily reprobate any dereliction in this respect.
He would state that the conduct of both these bankrupts
had been generally faulty, but there had been a special
case of arise ,tiduct for which so excuse could be made.
They had become the brokers of Mrs. Sutherland, and em-
ployed by her in many extensive transactions, to the amount
of between 30,0001. and 40,0001. As ouch they were en-
trusted by that lady to sell one description of stock and
invest it in • different kind of sea urity. She gave
special directions in the matter, and the only thing
that could be advanced as an excuse for the mis-
appropriatios of any part of the money was that the
stock required to be purchased was one that was
not readily procurable in the market. He had carefully'
examined the correspondence, and be had no doubt in his

mind upon thisPoli. He 'la; believed that there had
been nu premeditated intention on the part of the bankrupts
to misapply the money. Thus the case was not like that of
some parties, who induced parties to entrust to them money
without having any intention to appropriate it properly.
lie did not think in this ease that even the younger
b inkrupt intended to misappropriate the money ; but
that a delay being necessary in completing the pur-
chase, a part of the money—he (the commis-
sioner) hoped imperceptibly—was drawn upon. He
would here take an opportunity to remark that Mrs.
Sutherland was not a person who had been wronged or de-
ceived as a widow or inexperienced woman. He (the com-
missioner) had very seldom seen more business-like letters
than that lady had addressed to her brokers. Still, though
that circumstance did not leave the conduct of the bank-
rupt so bad as it might have been, it did not prevent the
circumstances of the case from being bad. Mrs. Suther-
land's suspicions having been at length excited she in-
structed her solicitors to apply for the delivery of the certh
Scales of the purchased stock. The solicitors were at once
told that the bankrupts were not in a position to fur-
nish them, and that time was required. They
admitted that the money had been used, but hoped
that they should in • short time be in a position to replace
it by means of raising money. There was no misrepre-
sentation in this respect. The bankrupts did endeavour to
raise money, and a Mr. Severs became security for the
amount due to Mrs. Sutherland. Severs was represented,
but not, as it appeared, by the bankrupts themselves, to be
a person who had long been in business, and no speculator ;
bat it was observing of remark that Severs was at this time
• large ebtor to the bankrupt', and which debts had
mainly- arisen from speculative transactions. Severs be-
came bankrupt, and his security worthless. A portion of
the amount hail, however, been refunded in another manner ;
but here, he must observe that there had been the unfa-
vourable circumstance that the bankrupts had professed to
have paid the calls upon certain shares which really bad
not been paid. This might have been done in order to
convey to Mrs. Sutherland's mind an impression that ell
was right. The calls had been afterwards made good by
the bankrupts, but it was at the cost of those ready mere
icing classes, unmarried aunts and spinster sisters. Ha
(the commissioner) felt that it was the duty of this court to
visit severely all caned breach of trust, and he had doubted
whether, in the case of the younger bankrupt, be
could stop short of • refusal of the certificate
altogether; there were however the favourable circum-
stances that there had been nu premeditated intention to
misappropriate, and that the books of the bankrupts con-
tained* lull account of their transactions. Taking into
consideration these eiresoustances, lie should stop • little
short of the total refusal of the certificate of the younger
bankrupt, but it weula be suspended for the longest period
short at a rsdusal--taat sal three years. The certificate of
the other bankrupt would he suspended one year. As re-
gardi d the class of eert fit KC, there had been nothing
of unavoidoble hhs or m.-fortuue in the case ; the err-
. titivate of each bankrupt would thus be of the 3rd class.
The Nair.* ltad arisen from undue speculations on the
pert of the younger haiikrupq sod which soceulatioha the
other leukrupt had rant sufficiently eact tril himself to
arrest. Ile Inuit also sta.° that the certificates whin
arsursd would m ly hoete no the consideration that in the
ev....t of the 11.116.riipt- hereafter coming into the poectsion
of lie peaty, they eho.ill not be pleaded as against the
i right, of the keur, of Mr. Sutherland to recover the
amount, nrinippridiatel. Protection would be granted,
es fur court could not loch that It ought to give Mrs. Suther-
bud a double retne•le.
timue sent of., tweeds raised as to the circumstances
wilier a toes Mrs. Sulierl 4114.11 extrotors might prosecute
their chum, what it as. 414 cidrd Chit they should be
goy. real by the decision or order of this court.

INSOLVENT DEBTORS' COURT.—iESTERDAT.
iilrOat 11111 Cain 0,1111111040NP11.
IN TON MATTER OP lIEVJANIN J•RNAN.—A LONG
INPROSUNNIMT.
Th't imolvent, an old man, applied to be discharged from
Horsemonger-lame Gaol. He had been_ in prison many

Bye years, and said he had been supported by the county
all. !axe.

The. Chief Commissioner asked him the ul staying
in privm st long.
The insolvent replied that he was tryinq to settle.
Chief Commissioner—What "trying to settle" all that
ti we ?

'I he in.olvent said he had expected to get out but cmald
not, and ho now petitioned.
The Chief Commissioner inquired how he had procured
the means to rile his schedul, T

It was explained that an application had been made to
the charitable fund of the court, and an allowance had been
granted.
Hi■ Honour ordered the old man to be forthwith die.
charged.
MORN ACCOMMODATION BILLS.

Since the sittings of the courts have been resumed mists
Face been beard in which the applicants had got involved
by putting their names to accommodation tolls. and by be-
coming security to loan socitti..s. 'fo-day one party ad-
mitted his "foolishness," sod promised never again to
offend.

The learned (7ommisqoner exposed the system in the
hope that other persons would aluunin tom uhiininst their
friends with their names and thereby getting into prison.