The Express.
London, England, 1863-02-10 00:00:00

FVENIN G, FEBRUARY 10, 1863.

Ran) Intelligence.
- -
COURT OF QUEEN'S BENCH.-FIB. 9.

After Term Sittiopat Nisi Prins, at Westmiostor—(Bo-
tort Lord Met Justice Cockburn and • Special Jnr)•)

JON= V. THE LAW FM INSURANCZ COMPANY.
(Continued from yesterday's Express.) Charles For, shopmen, was called, who put out the lights
on the night of the firs. Everything appeared right at
'levee o'4oek.
Cray-examieei—There wee • large stock of gloves, scarfs,
tier, collars, &a., of • middling duality. He saristed to
make out the claim. He ooesdered it • fair one.
He did not tell any one the day after the fire that the baler
were rather en•pty because they had been reducing the stock.
They had not been reducing the stock. He was not told
by say one it was important the things should remain as
they were after the fire. He was not asked bow the fire
broke out. He was now in the plaintiff's employ.
Re-examined—The man sent from the office first moved
the salvage.
By the Jury—He first saw his master after the fire at the
station-house. They were throwing water in his face to
revive him.

The plaintiff's brother and brother-in-law were called to
speak to the amount of the stock.
Arnold, the conductor of the fire maps at St. J 5011111.6
Church, nearly opposite the plaintiff's shop, found the
plaintiff's brother holding on by the sill of the third
door window. He brought him down safely, and then went
up again. He found the plaintiff lying in the gutter of the
roof in an insensible state. He h d only his night-shirt on.
Witness said to him "For God's lake come on," sod the only
answer he got from him wee, " I am a ruined man." After
the fire he was sent for, and he west to Mr. Eiloart's, who
questioned him as to the state in which he found the in-
mates. Mr. Easel asked wither if he could swear the
plaintiff bad no clothes on underneath his shirt. He told
him he would not swear be bad not a flannel shirt on, be-
canes he did not examine him closely enough for that.
Eliza Morgan, plaintiff's servant, deposed that she turned
the gas off from the meter about half-put eleven o'clock.
She bed to go through the shop to do it. All was then safe.
She escaped by the ladder on to the roof.
Mr. Jones, sen., plaintiff's father, deposed that the day
after the fire Jackson called upon him with one of Mr.
Eiolart's cards. He said it was a troublesome thing to
make out a claim, and as the company were very
he advised them to call in the assistance of Mr. Mirathin
whom the office bad confidence. Mr. White afterwards
called, and he was engaged to make out the claim. His son
was so ill that he was confined to his bed the first day, and
partially the second day after the firs. The shop was well
stocked and of the best quality London could produce. He
bad the best French =thes of gloves. They still
beat us in neatness of make. lie believed the
claim was perfectly correct. On the 13th Sept., when the
defendants were moving the salvage, be found Mr. Jackson
there esaisting. He asked him by whine authority he was
removing the goods,and be replied, Witham
said, " Then you are taking the salvage.' Mr. Jackson said
he was going to take it to Mr. Eiloeut's office. The debre
they had packed in boxes. As there was a dispute with the
office he asked to have it shown to Mr. Beaman and another
gentleman, witness had called in. Mr. Jackson declined,
as he bad no orders. Witness said the circumstances were
very suspicious, and that the effect of taking it to Chancery.
lane in • cart would be, that it would be no longer reoog-
Disable ; that he should act fairly, and show what it was he
was going to remove. He still refired to show it, and witness
asked him what was its bulk. He declined to say ; end
witness said, then be must tell them—vix., two barrows
full. Mr. Jackson did not deny it. In using the term
d6bris he confined it to what was not worthy to be consi-
dered salvage.
Mr. White was then called, and said that be made out
the claim partly from what he saw and partly from what
the plaintiff told him bad been consumed in the fire. As
to the &brie, he took the account from the plaintiff. It
was very difficult to ascertain exactly the amount destroyed
of articles of the kind dealt in by the plaintiff.
The further hearing of the came was adjourned until this
day (Tuesday).

The meisnese did not oppose. The dot* were
2,5301. ; easels about 300 f.
Be Honour said the use was a pm:aline one, and raised
the question so frequently brought before those courts,
what coarse was to be t•kee with a bankrupt who, after
heal in trade for some time, and being called on by hie
auditors for • full and trim account of his estate
and effects, gave no real or automatist aocount, but
rested entirely on goer-work. The case had been
before the court sines April last, there having
been frequent adjudications for better account.. Al the bank-
rupt had only 300/. with which to pay debts of 2,5001., con-
tracted within 18 months, the creditors were naturally
anxious to know what had become of his property. The
ease was • good illustration of the ingenuity of morentants,
for the accounts filed were a complete mama of contusion,
and worse than confusios—of purposed attempts to mislead.
One of the principal creditors was the Ben. Colonel Cattail,
• gentleman of position and rank in the army. He had car-
ried the choice of assignees, and had appointed Mr. B
the bankrupt's medical man, and a corn-dealer, a moral
creditor for 101, 17e. These persons naturally took
little interest is investigating the bankrupt's affairs
and the duty bad thus been thrown on the
creditors. Formerly, if • bankrupt did not render
full and true amounts be was committed more recently,
it had been the custom to adjourn the examination sine
die ; but reoently it bad bees held by the Lords Justices,
in two or three cams, that • man might be allowed to pass
on rendering what he repreesoted to be the best accounts
in his power, his negligence to keep proper accounts being
matter for consideration at the certificate meeting. Now,
the legislature bad taken away the discretionary power of
the court to consider the general conduct of the bankrupt
on his application for discharge; and it was important to
ascertain whether, under them altered circumstances, the
appellate jurisdiction would allow a bankrupt to tams, and
mill on the Commissioner to certify that his accounts were
full, true, and sufficient, when in fact they were empty and
delusive. The court would have sent this case before
the Court of Appeal on this point but for the
circumstance that the assignees were favourable to
the bankrupt, and were, so to say, in the
lame boat with him, and would offer no opposition to
him in the Court oflAppeal. It would,:theref ore, be futile
to do so. But the court would take the earliest oppor-
trinity of rending • case before the Lords Jurtices, or the
Lord Chancellor, with a view to obtaining • decision on this
point. In this case the court would make the Name order
as in Sellers' ease, allowing the bankrupt to peas, without
prejudice to any question that might be raised on his
application for an orer of discharge.
- Mr. Sargood asked for the coats of the opposing creditors,
which were allowed.

IN RI SCHORIUMBEIG.

The bankrupt, • merchant, of Nicholas-lace. applied for
his order of discharge. The liabilities wen 3,0001. ; assets
about 8001.

Kr. Goodday, for the official stated that the
bankrupt had made consignmente to Sydney to the amount
of 2,0001., obtainieg on them advances of 8601. Inquiry
had been made of the consignees, and the answer returned
was, that the goods were bad, the markets were had, and
there would be no surplus funds.
His Honour granted the order of discharge.