The Express.
London, England, 1855-02-19 00:00:00

ADMIRALTY COURT.-ll'n. 16.

MOS* /IL 1.17111111•10 N.
IN RR SWANLAND.-OOLLIMION.
This ease was in proper when the court roes, the greater
part oaks day having been occupied in taking evidence viva
vase to the provisions of Dr. rbillintore's act of
last melon, y which the power of openly examining wit.
nesse% which had lung been enjoyed by the spiritual warts,
was extended to the Coot of Admiralty.

COURT OF

r.—Bas. 17.

111001E1111111•11121i VOPPLABWIL
LK WI TOMB.
The bankrupt, • abomemengar, of Whitachapel and of
St. Lake's, angled be his amellesee. His debts won
6801.; emote of tailing menet.
Mr. W. H. Aalimatrippossd, for the assignee% shied, on
am mead of midair India,.
Kr. Lams, for dm bisimupt, urged, as as extenuating
circumetanoe, his smarms ignorance. His suabansse-
memo had boon inermasil by his attempting to sun as two
shops.
His Honour said he could only grant a third dais anti-
floats ; and he should hare suspended it fay mem Oboe fa
consideration of the bad book-lumping, had net ebe %ab-
rupt bean already fifteen months without his °snidest'. He
perfecUy concurred with Hr. Limas in the impropriety of a
man carrying on two shops who was not able to manage
one properly.

lA. All CLOIII.

This was the examination =mites in the ease of John
Close, bsker, of Stratford. His unsecured debts are 1,0271. ;
assets about 4001. Property to the amount of 1,6001. was
stated to be held by other creditors as security.
Mr. Hilleary, for the assignees, required that farther
aeecrante should be filed, showier the bankrupt's tresses-
Urine while in partnership with Mr. Stapp, also explanatory
of the large amount of property which was held as secu-
rity.
Aa adjournment of a month was ordered for that purpose

MORI XI.

IN 12 W. I. BOINIPIELD.
The bankrupt was a paper manufaetunr, of Roughway.
near Tcnbridgo. This was the certificate meeting. The
bankrupt had onus to the court on his own petition. The
balanee-sheet showed a sum of 2411. only doe to unsecured
neditors, and 2,0001. to those holding assignment of pro-
perty ; property available as assets. 1601. The trade ex-
penses wen stated at 7641. ; losses, 1,2221.
Mr. Lace opposed on behalf of Mr. John Ingram Tra-
ver', wholesale grocer, a creditor for 1061."
Mr. Lawrence, for the assignees, recommended the case
as one for a first clan certificate. The main question was
as to the genuineness 01 a debt alleged to be due by the
bankrupt to tile trustees of the will of Mr. Knott, his ma-
ternal grandfather, respecting which the bankrot made
the following entry in his balance-sheet:—"Cash advanced
me by the testator as security for repayment of which an
assignment was executed by me on the 7th of February last
in favour of the trustees of my interest under his will in a
certain leasehold and other property therein described, and
being of the value of about 1,6001."
The bankrupt stated that be took a lent of a papa mill
at Roughway from Mr. Travers, at of 4201., and that
during his tenancy he had expended in those promises in
the erection of machinery 7231., in respect of which the
assignees claimed as against the lessor the present value of
the new machinery: The speculation had been anon dis-
astrous one, the bankrupt not having been in business quipl
• year, and having lost all he had. fie attributed his loons
to imperfect machinery. He commenced with • eapital of
2,0001., which was lent him by his grandfather in three
cheques. The first advance was 1,0006. He had only two
creditors, one of whom was his father, G. Bonfield, and the
other Mr. Travers. _ _ _

Mr. Lucas contended that the 'alignment in questioa wail
merely colourable, and was only intended to be made ulti-
mately beneficial to the bankrupt.
His Honour said the whole matter had been fay inves-
tigated, and he felt perfectly satisfied that the advances in
question had been made bona fide. He could see no ground
for the suspicion that these advances were gifts and net
loans. The bankrupt bad given a fair, and in the opinion
of the court a truthful account of these transactions. The
presumption of Mr. Travers was nothing less than a pre-
sumption of fraud, which was rebutted not only by the
evidence of the bankrupt, but by that of three other re-
erectable witnesses.
Mr. Lawrence said the bankrupt had come into the
court by his advice. There as • ease of unavoid-
able loss sad misfortune if this wee not one. The bank-
rupt belonged to one of the meet respectable families in the
City of London.
His Honour said be felt the greatest difficulty in deter-
mining what was " unavoidable loss and misfortune ;"
and he wished throe who drew up the act had given one
specimen—one model ease—of unavoidable loss and misfor-
tune. He repeated that them was not the slightest founda-
tion for the charge or suspicion against the bankrupt, whose
family were highly respectable. He would grant as isms-
that. certificate of the first clam.

INSOLVENT DEBTORS COURT.—Fia, 17.
IN as EDWARD CH ZZZZZ .
This insolvent, one of the Italian Brothers, known as
" Edward Boatellbw," described sea gymnastic artist, ap-
plied by robs to be discharged from prison.
Mr. Dews* appeared for Mr. Noakes, hotel•keeper, at
Southampton; and Mr. Reed supported the application for
discharge.
The insolvent bad petitioned the court under the Protec-
tion Act. His debts were inconsiderable, and the into!.
vency was attributed to the Want of employment, to the
accident he met with at Drary-lane Theatre, and " being
prohibited by Lord Palmerston from ascending with bal-
loons." It will be remembered that the Insolvent was ad-
vertised to ascend with balloons in a perilous position.
Sines he Sled hie petition he bad been committed to prison,
and now applied to be discharged.
• Mr. Dowse showed cease against the rule, and contended
that the court had no power to grant the application. The
insolvent had, whilst out of prison, obtained his protection
to the 22nd of March neat. He had been held to bail on
a judge's order, and gave bail. While oat ost
Mil he petitioned under the Proteetioa Act, and atter
be obtained his protection the action was tried and
his ball had surrendered him to prison, when he was now
detained.

—Yr. Dowse declared that the court had no power to dis-
charge the insolvent, as it was expressly provided for by the
act that Um proteetioa was not to discharge him from a
espies is held hell wore a party contemplated quitting the
sestaWy.
Mr. Otheelniwiniener Phillips thought be bad no power to
great aggilleadee.
Kr. Med said he belli We learned friend, Mr. Grillit's
brief. is bedellMilned the rale.
Mr. Oenreabeinse Phillips asked what weld be do in the
*tatter I be holm power.
Mr. Meal oesesseed that he had looked over the set, end
amid welled say authority for the eppliestion.
ltr.Oemelidener Phillips said there was mot oaly nothing
for the eigikelles. bet everything easiest it. In feet,
it wee sepeeidy mats"

hiss
set