The Express.
London, England, 1853-10-06 00:00:00

lIALLINASLOE GREAT ANNUAL FAIR.

BtLLINAILOI, TUESDAY EVIININO.—Last night the
MO fell in torrents and quite dispelled the happy anticipa-
tions which the fair ocean of yesterday had conjured up.
This morning also there was still a moist huiness with in-
termittent showers, which evidently had an unfavourable
effect, se the sheep presented rather a woe begone appear-
ance after their cold lay on the green during the night.
Notwithstandiug the chill gloominess of the morning, at
an early hour there was considerable bustle amongst the
shepherds, stocksaasten, and salesmen ; and at eight o'clock
the •leniesne of Garbeliy began to assume something like
the appearance of the great fair. Purchaser for a length
of time kept back and there appeared to be a perfect stand
awl. Hodder, were very 11111110/011A, but there was a very
thin show of awn, and they were not in great demand.
'there wee nothing however really done in the way of
sales until shortly after tea o'clock, when a spirit of
briskets* seemed to have been awakened in the buyers.
I Lewd of G 3.. having been offered and refused
tee hoe/pets, and have not the least doubt of the truth
of the fart. The following are some of the quotations:
Hobert Davey, Esq., sold 250 hoggets at 53e. 64., 200
wedders at 485., and 200 ewes at 39e. 64 , purchased by Mr.
Gibson ; Charles filgate, Esq., sold no ewes at ns. ; John
D. Mahon, EN., sold 200 wedden at 13s. 3d. ; Hobert
Sharpe, Esq., mild 100 ewes at 3135.; Mr. John Smith, ex-
porter of cattle, bought Mr. Dory's top welders at 635.;
Mr. John Gibson, for Mr. Barton, of Straffan, comity
Kildare, purchased Mr. Fahey's top lot of Insiders, VA at
SO.. ; Mr. Tuff, sold two sp.endin rams at 201. each.
A great concourse of the leading gentry and nobility, not
on,y of the province but of other parts of Ireland, is to be
seen promenading our streets, and mixing freely with
the frieze-coated farmers of Mayo, Galway, and Roe-
common. In fact, throughout the busy mart, and amid
the bustling sales, it is impossible to distinguish the man
of title from the actual tiller of the soil. The best
authorities are divided as to the number at this fair
compared with the last and previous ones. It must
be admitted, however, that there is a gnat deficiency in
the noply of flrst-class sheep. This is owing to the great
demand which existed for mutton daring the winter, and
the remunerating prices which farmers were, up to the pre-
sent, able to obtain. The prices received to-day have given
•ery general satisfaction, being at least Ss. per sheep above
that obtained at any fair is Leinster during the present
season. The movements of the fair, however, might well
he daseritwd as rather spasmodic. At one time everything
appeared dull, and matters seemed to be at a stand-still,
sod in a few minutes the hum of business would again be
beard, and sales be effected with considerable spirit.
Some enellent horses are being shown, and then seems
to be not only a good supply of thorough-bred eninals,
but also a good demand. Sheep urs penisg flea the
Deer park unsold, their owners having tereeed all prime
stored speculating on the prospects of ',mann/.
His Eseellesey the Lad-Liestenant, aismpliket by the
liarl et Cleanny and Lard Adolph's ltratiorma, mad
Ihrnek the kk as lionsbesk.

Raw Entellicence.

_L_ _

CC 1: OF BAN Kitt PICY.-11sTeaDAT.
Bkijkli Ma. roam. •i,:r t Eva•f.
IN MB BiLLUr.

This was the certificate meetin in the case of Lewis Fre-
d, rick Belot, merchant, of Olt Jewry-chambers. The
bankrupt bad been ostensively engaged its the African and
3lauritius trade, and his liabilities were very large ; the
amount of assets wu also considerable. The balanceoineet,
pr.; ared by Messrs. Harding acid Butler, extended over six
years prior to the failure in April lot, commencing with a
capitol, at the beginning of that pericd, cf 6,1721. The
amount now due to unsecured creditors wu 21,6611.; to ae.
cured creditors beyond the estimated value of the securities,
114!. ; liabilities on bills receivable, 10,5591.; ditto on over-
draw u accounts, 4,4951. The assets were stated as follows:
Cash, 366/. ; bills receivable, 5691.; good debtors, 9151.;
sundry ether debtors, 9,9211. ; property, 1,6971. ; estimated
surplus from property held by creditors as security, 1,8151. ;
by Sierra Leone estate, 11,101.; consignments to Cape
Town, 9991. The gross profits tin six years) bad been
12,b81/. ; losers, 7,2901 ; trade expenses, 2,75,51. ; house
and personal ditto, 3,4751.

Mr. Maynard said the assignees in this case had no oppo-
sition to offer ; the bankrupt had given them every assist-
ance In getting in the easels. The bankrupt had put in
circulation certain bills which porrorted to have been made
abroad, hut were in reality made it this country ; they had
been discounted in London, but bad afterwards been with-
drawn ; and from the best investigation which the assig-
nees had been able to make, there seemed every reason to
bell. vs that the bankrupt, not being an Englishman, and
being accustomed to resii:e abroad, bad supposed that by
Riving two names, he was giving the security of two firms,
while in reality Le hail given neither one nor the other.
The estate had not been prejudiced by this course, but on
the contrary henefitted; so that the assignees had no
grouud of complaint. In all other respects they believed
his conduct bad been unexceptionable.

Mr. Lawrence, for the bankrupt called attention to the
large amount of profits, which exceeded the trade and per
expenditure. The losses ware principally losses on
the realisation of produce ; and the assets were considerable
—between 3,0001. and 4,0001.
Mr. Bell, the official assignee—Above 4,0001.
Mr. Lawrence said that in soon as he was advised by his
creditors that bankruptcy was inevitable he had succumbed;
he had since done all in his power to aasiot in realising the
estate.

The Commissioner—lt does cot appear that the repre-
sentation et the bills havins bees drawn abroad was done
with an) purpose of fraud ?

. . .
Mr. Maynard—No. The extraordinary thing is that
the fact was known to one of the first discount houses
in the City ; they made the inquiry of him—" Is that bill
drawn here ?" and Le said it was. In spite of that, they
took the bills.

Mr. Lawranca referred to the amount of cash, 3661.,
which the bankrupt had handed over to the official assignee,
and said that that was a great proof of honesty. The
greater part of the bills receivable were good, end had been
realised. The failure had wino wholly from unavoidable
losses and misfortunes ; there had been no reckless trading
or personal extravagance. The bankrupt's trading was
principally to the Mauritius and Sierra Leone, the imports
from which had diminished very much in value of late
years, and were likely to get worse. The books had been
well kept, and the case wee one for a first dais certificate.
The Commissioner—What WI/ your object in drawing
those bills as if they had been drawn abroad ?
Bankrupt—The object was to give a lien upon my pro-
perty abroad.
Mr. Bell—lie traded under the firm of E. Jolly and Co.,
at Sierra Leone, and it seems he considered he had a right
to give bills for that firm here.
Mr. Lawrance—lt is a mere fiscal question, uto the
stamp duty. There is no doubt there wu such a firm.
The Commissioner—lt does not appear that any fraud
war contemplated ?
Mr. Maynard—l believe it was done in perfect ignorance.
Mr. Lawrence—The assets will be further increased.
Me. Bell—Oh, yes ; there is much more to come is.
The Commissioner—l see nothing to prevent his having a
let class certificate.

IN UN OKILL.—CASI Or THE LATI CONSUL AT STITTLX.
This was the first meeting, for proof of debts, in the tale
of Joseph Okell, merchant, of Unioiscourt, Old Broad-
street, who had traded, in partnership with Lewis Cooke
Hertalet (also • bankrupt) uader the firm of Alexander
Moberla7 and Co. He was also for some time the British
consul at Stettin. The adjudication bad been made on the
petition of Mr. Leonard, bill-broker, of Old Broad-street.
The: bankrupt has not surrendered, and is supposed to be
out of the country. The amount of his liabilities (several
thousands), has not vet been ascertained; theorists are also
uncertain. The, liabilities of Hertslet, who was the acting
member of the firm, have been stated as follows, by Mr.
Maynard, the accountant engaged under his bankruptcy:

To creditors..... £10,271 6 II
Liabilities on acceptances, 6,2691.; ex-
pected to be proved
Bills receivable, 8,2531.; expected to be
proved 2,694 2 11
Clause of Scotch beaks

£21,871 13 10
The assets, valued at 9,1401., will probably realise 6,0001. to
8,0001.

Mr. Reed, representing the creditors, stated that this was
the day appointed for the first public sitting under Okell's
bankruptcy, when the choice of assignees usually took
place ; but in this matter be apprehended there would be
no choice, as the case was one (the first that had occurred)
coming within the 98th section of the Bankrup•ey Law Con-
solidates' Act, which enacted—" That after a fiat issued,
sr a petition for adjudication of bankruptcy filed, against
or by one or more member or members of a firm, say peti-
tion or petitions for adjudication of bankruptcy against or
by any other member or members of such firm shall be filed
and persecuted in the court in which the first fiat sr peti-
tion was prosecuted ; and immediately after the adjudica-
tion under such other petition or petition, all the
estate real and personal of such bankrupt or
bankrupts shall vest in the official assignee and'
the creditors' assignee (if any) under the first fiat or
petition; and thereafter all separate proceedings under
such petition or petitior s shall be stayed ; and such peti-
ties or petitions shall, without affecting the validity of the
first fiat or petitioo, be annexed to and form part of the
same."

An application bad been made to Mr. Commissioner
Hoiroyd, and he had made an order, which was endorsed
on the back of the petition in this ease, that the petition
and proceedings should be amalgamated with the one pre-
viously tiled against Mr. Hertslet, the bankrupt's partner
in the firm et Moberley and Co., and that the estate had
vested in the assignees appointed under Hertalet's bank-
ruptcy; also that the two sittings advertised under this
bankruptcy should be held fo- the proof of debts and the
surrender of the bankrupt only. He apprehended, there-
fore, that no choice of assignees would take place under this
petition; in Lie, ao creditors had attended to prove, and
the bankrupt had not surrendered. The only °ours* would
therefore be to wait, and take the proofs of such creditors
se might appear.
Hu Honour signified his approval of thiamine.
Mr. C. Waterston, manager of the Csleidonian Banking
Company's bank at Inverness,wu examined as to the claim of
the Scotch banks on the estate. He deposed that about
the middle of August the bankrupt was introduced to him,
end applied to him to discount certain bills which he was
about to draw in pursuance of various letters of credit from
London houses, of which he stated himself to be the
holder. Amongst them was the house of Ales. Moberley
and Co. His did not state that he was • member of that
firm. Witness mode inquiries, which proved satisfactory,
but he refused to advance cash on the bills till they had
been wonted by the parties on whom they were drawn.
The bankrupt wished the money to be advanced to him at
Dornoek : and this was done by the agent of the Caledonian
Banking Company there to the amount of 2,4001., contrary
to the instructions of witness. The advance was made on
bills drawn by the bankrupt on the firm of Ales. Moberley
and Co., but without first requiring their acceptance of the
bills. The agent took instead a letter of credit, purporting
to be signed by A. Moberley and Co., which was as
follows

" Loadcu, Aug. IS, 1853.
" Sir,—W• have your letter of the 15th inst., inclining
drafts to the extent of 3,0001. for our acceptance, which we
regret herewith to have :o return unprovidel with the
needful, the same being drawc at dates contrary to the
credit opened for you upon our house by the Discount Bank
of Berlin.

" We have again to repeat that drafts drawn, or &mho-
sited to be drawn by you, to the extent of 5,0001. sterling,
if drawn at two or t rye mouths, will be duly accepted by
us on presentation, and placed 'o the debit of the account
of our Berlin corresposidentv—We remain, your., he.
" A. MOBIALLY, AND CO.
t' J. Okell, Esq., Post office, Kirk."
Mr. Waterston added that on the bills being presented
for acceptance they were refused. The bankrupt obtained
from their agent at Elgin 0001. more upon the faith of the
letter of credit.
Lewis Cooke Henget deposed that be and the bankrupt
were the only members of the Arm o' A. Moberley and
Co. Wanes, only was authorised to sign the name of
the Arm; the bankrupt bad no such power. The letter
of credit was not signed by him. The circumstance stated
is the best paragraph, about the Berlin Discount Bank, was
not true. When the bills were presented for acceptance, he
declared the letter of credit a forgery.
I Further proceedings were adjourned to the next meeting.