The Express.
London, England, 1863-02-16 00:00:00

COURT OF COMMON PLEAS.

Salina at Nui Prigs in Loadou.—(Before Lord ChialJusticii
Erie and a Special Jury.)

COLLIAGWOOD C. BBBLILR MW MIKES.
At the sitting of the court this morning some discussion
took place between the bench and the bar in reference to
this case, the result being that his lordship stayed execution
until next term, in order to enable the defendants' counsel
to raise certain points of law before the full court.

COURT OF BANKRUPTCY.
(Before Mr. Cornmiosiooor Goa(born.)
DI •i CHARLES WILLIAM& —JUDOMINT.

The bankrupt, a leatherfactor, of New Weston-street,
Bermondsey, recently applied for his order of discharge.
Hirorteocipposed by Mr. Linklater, for the assignees, and
su by Mr. Sargood.
i s Honour now said this was the first appearance of the
bankrupt in that court, and the came was favourably dia.
tioguiabed from the generality by the bankrupt having kept
his books well throughout, and having given his testimony
with the utmost candour. It was urged against the bank-
rupt that, in his capacity of factor, be had rendered untrue
accounts to his consignors, and he admitted having done so;
but his excuse was that be bad a general discretion to sell
below the limit fixed by the consignment notes, if
he thought it desirable to do so, and that the consignors
were satisfied if he returned the price they wanted, irre-
Tpective of the price he might have actually sold at.
his was denied by Mr. Barrow, the assignee,as far
as his house was concerned. The extent of these
alleged frauds was only 371., out of transactions of over
4,0001. ; sad it was remarkable that all the transac-
tions were fully entered in his books. This was not
the act of a man who meant to do • dishonest thing. Bat
the sting was taken out of the accusation by the fact, as
alleged, that in other awe the bankrupt had actually re-
turned a higher amount than be had sold for. The court
believed that the bankrupt, in making the returns com-
plained of, had not supposed that he was doing wrong ; he
had sold under• del cyder* rommisaion, and the risk
had fallen upon himself. A further charge against the
bankrupt was that of contracting debts without probable
means of payment ; and there was no doubt that, had he
looked his affairs fully in the face, he must have been aware
that he had no probable prospect of being able to pay
those debts. His excuse was that his creditors knew his
position, and urged him to go on, fearing that if he stopped,
their own stability would be affected. This was
• more common thing in trade than was
generally supposed. There was " wheel within wheeL"
Stragglier traders were advised by their creditors to keep
on ; " if (said the)) your bills come back we shall have to
take them up ; therefore keep it up as long as you can."
not • legitimate excuse, it was one that pre-
T211°21 :very day in commerce ; the sooner it was got rid of
better ; but that would never be done till the whole state of
commerce was altered. It was admitted, even by the st-
ripes, that he had at once put himself into the hands of his
creditors, and had done whatever he was required,--also that
his books bad been so well kept that his accounts had been
from them. The avert thought that the justice
of case was satisfied. The bankrupt had been very hardly
dealt with ; he bad been prosecuted by the assignee, in
whose mind there was clearly • very angry feeling
against the bankrupt, however he might (limy it, Scarcely
had the bell ceased to toll (if the bankrupt's statement was
correct) for the funeral of Mr. David Barclay, the other
assignee, when Mr. Barrow, ins., the remaining assignee,
took criminal proceedings against the bankrupt. The ma-
gistrate had dismissed the complaint ; still he bad gone on
and preferred an indictment, but the bankrupt was acquitted.
Whatever offences be had committed, the justice of the case
was satisfied, and the court was glad of the opportunity of
at length giving him him his quietus and granting the order
of discharge.
II NA NILANDIDI AND RA C DNITZ. —ADJOU ANNE= ADM DIM
Tie bankrupts were described as merchants, of Bread-
street, and el Pais. This was the sitting for examination
and dleeharge.
Mr. Y. Abrahams. representing the &mignon, slated that
the bankrupt Brandeis had abeconded ; the other bankrupt,
Baudnits, had been charged before the magistrates with
offences contrary to the bankruptcy law ; he had been re-
mark& and was now brought up here iu custody.
Mr. Graham, the official amigos., dated that so accounts
bad hem filed. _ . _

Mr. Paul, accountant, the trade sasignee, stated that the
&lathe were shout 14,0001. ; hitherto only about 150/. had
bees reamed, bat they bed succeeded in tracing geode which
had been pawned toads amount of about 1,000/.
TheCommissioser—lJeder those cireurnstaoces Readmits's
assmination will be adjourned sine die ; the other bankrupt
will be proclaimed at 3 o'clock. and be will then be liable
to indictment for a misdemeanour under the 221st section of
the new act.

DI as DAMAO' AND CANNZAUX.
The bankrupt., father sod eon, were wiue merebente of
Tower-hill. This was do ezeiniestion sitting; bat no
*mouse' bad bees filed.
_ _ _

Mr. Abrahama, for the awdsplem, asked for a adjourn-
went sine die, which was ordered, with protection for two
months.

iiiPsal, the accountant, stated the debts at 4,0001. ;
meets about 3001.