The Express.
London, England, 1864-01-09 00:00:00

LAW INTELLIGENCL

(THIS DAY.)

COURT OF BANKRUPTCY.
(nefore Mr. Commissioeer Goulbura.)
VI RE =IR! FENTON JADIA—THE BRITISH COLUMBIA
OVERLAND =your COMPANT.
The bankrupt. described as controller et corn returns in 1
the Board of Trsdo, lately residing at Albion Villan, 1
applied for his Meuse from custody. He was 1
;De of the defendants in an notion brought against the dine-
to:. of a concern known as the British Columbia Over.
Lad Tenet Company, of which the well known '
i* lone! Sleigh appoired to have been the chief pro.
and which made such a lamentable fiasco
at
_a twelvemonth ago. The unfortunate adventuress,
;co had been induced to pay their passage-money and
se:r left desolate in the snowy wilds of Central North
A meri:a, brought actions against the bankrupt and other
~..rectors ; and the result in one cam wu a verdict for 16W,
Ages. The bankrupt wee taken in execution, and after
:r-_g in Whitecrossatreet prima for nineteen days, now
for his release. His liabilities are stated at about
ay. including claims made by the other disappointed
...imagers;
Mr. t.. Lewis appeared in rapport of the bankrupt's sis•
Mr. .1. Harris opposed on behalf of the detaining creditor,
whose debt was 'Ol/ and contended that the creditors
:weeny had had no notice of the adjudication, which only
place on Wednesday last
Mr. Lewis said there had been the usual advertisement
in the ("Prete, which was notice to all the world.
Mr. Harris—The adjudication only took place on Wed-
nesday last, and the assignees have not yet been chosen.
Mr. Lewis—The notice required by act of parliament has
been given.
The Commissioner—How can you expect the creditors to
wade throngh all the notices in the Gazette, and pick out
this •• zeedle in a bottle of hay..!
Lewis urged that the bankrupt bed been in prison
1:110-1. and during nearly the whole of that time he had
been in the infirmary, as he was suffering from a severs at-
: of rheumatic gout. This wan a CMS when the Wa-
rr
.2.' luld been led away to give his name as director of a
44 company, had been mead as mach director, and bad
had a verdict given against him. His personal debts were
only 162,., but the debts of the company had brought him
tare. The state of his health alone would entitle him to
the :tilideratiee of the court,
The Commissioner—ls he able to find bail!
Mr. Lewis said this was unnecessary, as in his position
the bankrupt could not go away. He was a controller of
cmi returns in the Board of Trade, and must be found
there at any moment. He had been arrested in his office.
The Commissioner—lf he fills an office of that kind,
~rely he can find bail for his
Mr. Harris would consent to the if bail were given.
Mr. Lewis again urged that this was un as if
the bankrupt went away he would lose his bread. He had
Seen 4:1 years in the same office. This was a case in which
the discretion of the court might be properly exercised.
His Honour said it had been distinctly laid down by
the Lori Chancellor' in the ease of Colonel Waugh
hid other cases, that these applications for re-
lease were not to be treated as mere matters
of course, or as a question merely between the debtor and
detaining creditor. but that the creditors generally
were entitled to a voice in the matter se to whether the
release of a bankrupt from custody would be of advantage
to the estate. This being so, and the creditors having had
no opportunity hitherto of is:premiss their opinion on the
matter, the court would only order the bankrupt's release
on 'nth conditions as would secure his attendance at the
little( for choice of assignee.. and at the subsequent
sitting tinder the bankruptcy. He most enter into his own
rvoannanee of 100/., and fled two metier in 100/. each.
Mr. Harris asked that notice should be given of the bail.
The Comrsiesioner—That is of course. It will be part of
•be order that twenty-four hours' notice of bail be given.
1 therein' they might put in the sweeper of the crossing
here.