The Express.
London, England, 1862-10-23 00:00:00

THE EXPASS , TkURgDAY EVENIN‘O, OCTOBER 23, 1862.

been completed between High-street aod Sowthwark 'fridge.
road, at • met, up to this date, of about 19,500/., and that
portion of the thoroughfare is now open. The subway,
paving, &c., bqtweem the latter point and Great Guildford-
street, is in oohrse of execution, and that portion will be
completed by the end of September. The board have had •
portico' of the sheet plotted out, and will at once proceed to
receive tenth's'Q for letting the frontage. The street has
been named S&thwark.street. Under the head of "Im-
provements promoted by local authorities," the board have
contributed during the past year towards the cost of im-
previiments in the various localities sums varying from 701.
to 2,00.11. Under the 143rd motion of the Metropolis Local
Managemept Act, no building is allowed to be erected
beyond the regular line of buildings in the street in which
the same is situate, within 30 feet of the highway, without
the previous sanction of the board ; and the 26th section of
the Metropolitan Building Act prohibits the erection of pro.
*Cons and imposes certain restrictions as to the materials
.for cornices, balconies, architectural projections, do., with-
out the permission of this board. 298 applications have
been made under these sections, 206 of which were granted
and 90 refused. The board have received a large number
of applications for the re-naming of streets, 40 of which
were granted, and 21 refused. Under the bye-law of the
board, 113 plans have been submitted for the formation of
new streets, 96 of which were approved, and 18 disallowed.
The Metropolitan Building Act (1855), gives the board
control over all building operations within the same limits
as those prescribed by the Metropolis Local Management
Act. This jurisdiction embraces numerous administrative
matters, but the material details and rules of the act are
carried out by district surveyors. These officers are at
present 56 in number, exercising their authority, generally,
within parochial limits. Over the whole, the board have
control, and are authorised to appoint to vacancies, or
suspend, or dismiss from office, when necessary. During the
year, new officers were appointed for the districts of Wool-
wich, Hackney, St. James, Chelsea, Putney, &c., and Beth-
nal-green. I'wo district surveyors were suspended from
their office for short period', in consequence of neglect of
duty. Each district surveyor makes a monthly return or
abstract of his transactions, according to • form
prescribed by the board. The results for the year
ending December, 1861, are published in the report.
The tiumici.d statement shows that the total receipts during
the year were 907,4971. 17s. 4d., and the payments 9X3,631/.
9s. tid., leavings balance in hand on the 25th March, 1862, of
93,6791. 18s. 6d. The rums owing to the board at the last.
mentioned date, in respect of assessments on rabies and
district boards, improvement rates, &c., amounted to
158,6911. 71. 3d; and the amount invested in the New Three
per Cents., for the repayment of mortgage debts, was
64,3621. 17s. 6d. In addition to the above, the following re-
ceipts and expenditure have occurred during the year in con-
nection with the public account at the Bank of England,
known as the Metropolis Main Drainage Rate Account,
viz.: Balance in hand 25th March, 1861, 28,5561.
In. Id. ; receipts, from rates and assessments, 163,0681.
Is. 3d. ; total, 191,6241. 4d. ; payments, 158,4381.
16s. Id., leaving • balance in hand on the 25th March,
1862, of 33,1851. 14s. 3d. The mortgage debts and out-
standing liabilities of the board on the 25th
March last amounted to 1,725,7761. 16e. ld.
The account in abstract which accompanies the report con-
tains full particulars of the receipts and expenditure, and of
the obligations of the board, and also tarmaes particulars
of the contracts into which they have entered during the
year. During the year ending 31st July, 1862, 44 meetings
of the board were held, end 157 of the several committee/.
The number of members present at each meeting of the
board averaged 32. Since the date of the last report eight
appeals have been made under section 211 of the Metropolis
Local Management Act.

lab hurittgatu.

SHOREDITCII COUNTY COURT.—Oor. 22.

DILBBII V. VIZ GIZA? ZASTIIIN ItAILWAY.

This was an action to recover 12/. 12e. damages, alleged
to have been reused by the negligence of defendants in the
canine of certain furniture from St. Ives to London.
The railway company pleaded that by the terms of their
contact they were not liable.
Mr. Gray appeared for the plaintiff ; Mr. Ashley' (of
Charles-square, Boston) for the company.
The plaintiff, who is a medical man, said that he en-
trusted various articles of furniture to the defendants for
carriage from St. Ives to London. Plaintiff's carman
fetched them from the Brick-lane Station, and they were
very much damaged. Two chairs were damaged, Is knob
was knocked off the piano, some engravings were injured,
and about 251 b. of feathers stolen from some beds. Plaintiff
wrote to the compaoy. as the goods were in very good con-
dition and well packed when delivered to them, but the
company denied their liability.
The carman who took some of the goods from Brick-
lane, deposed to their damaged condition ; but a person
named John Howard, who fetched ocelot, was not called.
Mr. Ashley called the attention of the Court to the
printed notice on the back of the goods' receipts given to
the plaintiff. The company gave notice that unless the
goods, furniture, musical instruments, engravings, and
paintings were declared with their value and a higher rate
pled, the company were not liable. The Great Eastern
Railway Company carried the goods of parties at a low
rate, and unless the public, when the goods exceeded 101.
in value, properly declared such goods and paid a higher
rate by way of insurance, the company could not be held

His Honour, upon looking at the notice on the back of
the documents put in, found that it was as Mr. Ashley had
stated, and added, "But what do you say to the loss of
the feathers ? "

Mr. Ashley called witnesses who deposed that the goods
were put in locked-up trucks with letter locks, and the
secret was only known to one person at St. Ives and to
one at Brick-lane. Them were no feathers in the truck,
and it would be impossible under the precautions taken for
any one to have stolen the feathers while the beds were in
the custody of the company.
Mr. Grey—lfour Honour will look upon one of the re-
eeipta you will dud the word furniture is meotioned.
11r. Ashley—But you have not declared the value.
His Honour said he had given every attention to the case,
and could not but consider feather beds to be furniture. If
so, they came then within the category of the goods
enumerated, and it was clear by the terms of the company's
notice that it was not sufficient to declare the goods
as furniture, but they must be declared as furniture
of a certain value. His honour was of opinion that if any
very grow negligence were shown the notice of the company
would not stand, but here the company appeared to have
taken every care of the goods. Under all the circumstances
of the case some credit must be given to the books of the
company, and plaintiff must produce strong evidence indeed
to support so grave • charge 111 that now brought against
u
the company. Considering the facts, the plaintiffhad
not declared the contents and value of each package, be
must be nonsuited and the oompany have costa.

charge. He was instructed that the prisoner had been as-
saulted by an Italian, who had been Geed for another sasult
at this court, and that he only wrested the stick from the
Italian.

_
A lad named William Hearne, in the employ of Moen.
Bye and Phythian, grocers, Strand, said he was in Hyde-
park, when there was a large mob. He raw • young man
lying on the ground and an Italian striking at him. The
prisoner called out " Shaine !" The prisoner wrested a
stick from some person and struck him over
the head with it. The prisoner then ran off
and was followed by • crowd. One of the pursuers
knocked down the prisoner with a loaded stick. The pri-
soner was given into custody by a man who had just before
kicked him. Several gentlemen said the prisoner was not
the man who had struck the person on the ground. When
prisoner wag taken into custody he walked with his hand to
his aide as if he was hurt. He did not see the prisoner strike
any one. The prisoner was on the ground when given into
custody, and when be got up he could hardly breathe.
One of the park constables, named Parkes, laid, when he
took the prisoner into custody the prisoner complained of
having been kicked in the side, and walked as if be bad
been hurt.

Mr. Tyrwhitt said with respect to the remarks on the
number of remands to which the prisoner had been sub-
jected, be would say that whenever charges of confused riot
came before him he should remand again and again if he
thought the ends of justice required such a course. He be-
lieved that the prisoner bad struck some persons, and that
he himself had been struck, for the park-keeper bad de-
posed to the prisoner walking lame and making a complaint
of having been hurt. He should require the prisoner to find
bail, two housekeepers in NM, to keep the peace for six
months.

Auguste Orfer and Alphonse Bonomont, two Frenchmen,
were charged with the following smaults.
Thomas White, of Tower-street, said he was walking
home through Leicester-square on the previous night,
when he was struck on the heel by a stone.
He turned round, and seeing the defendants
and some more foreigners together, he spoke to
Bonomont, who was the nearest, and asked him why he
threw the stone. The prisoner immediately slashed him
over the face, he could not say with what weapon, but his
face was cut. He gave the prisoner into custody.
In reply to questions from Bonomont, the complainant
said he did not call the defendant a Frenchman, nor make
allusions to his peculiarly shaped bat.
Police-constable Dennison, C 116, said he saw Bonomont
deliberately strike complainant on the face. but he could
not say whether the prisoner had any weapon in his hand.
On the way to the station-house, the prisoner Orter attacked
him, and struck him on the head with his fiat, in the at.
tempt to rescue the prisoner,
Police constable Bawdier, C 269, said he, too, was twice
struck by Orter.
Mr. Tyrwhitt fined Bonomont 205., and Orter 10s.

John George Mager was charged with burglary. It ap-
peared that a police-constable was going through Crown-
street late at night, when be noticed that one of the abut-
ters of a public-house was partly opened. lie pulled open
the shutter and found the prisoner in the act of coming
through the window. The prisoner said it was all right, be
was accustomed to use the house. The constable took him
to the station-house, and on returning to Crown-street, and
looking over the publichouse, be found a quantity of
grits in • glue globe and a jar ready to be carried off. A
clock had also been taken down and placed bandy for re-
moval.

Mr. Ellis, the landlord, said the clock was safe the pre.
vious evening ; the spirits had been drawn from the casks.
The prisoner was fully committed.

SOUTHWARK.

David Pritchard, araithil;m4a;an delivering foreman
at Gun and Shot, and Griffin's Whiffs, Morgan'a•lane,
Tooley-street, was brought before Mr. Burcham, for final
examination, charged with stealing 20 begs of velem*
valued at upwards of 201., the property of his employer,
Mr. T. B. Silva.
Mr. Hudson prosecuted, aad Mr. Dittos, from the office
of Mr. Chipperfield, defended the prisoner. Mr. W. Edwin
was present to watch the case on behalf of one of the wit-
11[41101. _ _

Mr. James Graves, chief clerk to the prosecutor, said
that the prisoner had been in their employ at Gun and
Shot and Griffin's Wharves for 18 years. He was delivering
foreman at the Valonia floors, Griffin's Wharf, and
it was his duty to receive all orders from
the counting-house before he delivered any goods.
He had a book in which he ought to enter
all goods according to order from the counting-house. On
Friday morning last, about nine o'clock, witness attended
at the counting-house as usual, and from information he re-
ceived he examined the delivery book, but could not find
any delivery of 20 bags of adonis. to M'Evoy, and on ex-
enduing the prisoner's book, there was neither entry nor
signature of that person. As soon as Mr. Silva arrived
witness informed him of his suspicions, and the prisoner
was called into the counting-house, when he was asked how
much valonia he bad delivered that morning. He replied,
only 35 hags to Messrs. Morrell and Halfpenny, which was
duly entered and signed for. Witness asked him what men
he hadismployed on his fluor that morning, when be replied,
• man named Platt and his son. Platt was called
into the counting-house, when he said be bad
trucked) 20 bags of valonia to the loophole that
morning for Mr. M'Evoy's van. Witness then asked the
prisoner what that meant, as he wee responsible for all the
property there. He replied that he knew nothing about
the 20 bags of valonia or Mr. M'Evoy. The prisoner's son
was then sent for and questioned, when he said by his
father's orders he delivered 20 bags of valonia to M'Evoy's
van between seven and eight in the morning. The prisoner
was then given into custody, and in the course of the day
the 20 bags of valonia were found at Chaplin and Horne's,
Haydon square, Minories.
Thomas Platt, warehouseman under the prisoner, said
that by direction of young Pritchard he trucked 20 bags of
valonia to the loophole, and the latter delivered them to
M'Evoy's van.
John Pritchard, a young man, son of the prisoner, said he
was also employed in the valonia floor. On the morning of
Friday last, between 7 and 8, his father gave him orders to
deliver twenty bags of valonia to M'Evoy's van. Witness
did so while his father was in the counting-house with the
books, therefore he could not make the entry. He thought
that his father had done so. His father delivered 35 bags
to Messrs. Morrell and Co. the same morning, which he
catered at the time.
John M'Evoy, carman, of Magdalen-street, Bermondsey,
said that he knew Mrs. Cadell. On the night of Thursday,
the 16th instant, she called on him and told him to go to
Griffin's-wharf. Tooley-street, between 7 and 8 the next
morning, to fetch some valonia. He received two written
orders from • Mr. Leggett to take the goods as soon as he
received them to Chaplin and Horne's. On the Friday
morning at the time agreed upon be went to the wharf, and
twenty bags of valonia were delivered to him by the pri-
soner's son. Witness conveyed them to Chaplin and
Horne's, 90, Borough, in the presence of Mr. Leggett.
Eleanor Cedell, a widow, residing at 116, Great Dover-
road, said that her husband was formerly a commission
agent, and bad on several occasions bought sweepings of
valonia from the prisoner. On Thursday last the latter
came to her, bringing her sample 4 of valonia, twenty bags,
weighing 26 cwt., being the quantityhe had to dispose of. Wit-
ness sent the samples to Mr. Leggett to sell the goods for
her. She was to give the prisoner 71, a too, and Leggett
was to hand over 101. a ton to her. On Friday afternoon
Mr. Leggett brought her 131. 16s. 3d. Witness
told lit'Eroy on Thursday evening to go to Gun.and-fdliot-
wharf and receive the valonia from the prisoner, and after-
wards she paid him ss. cartage.
Robert Leggett said he resided at 43, St. George's-street,
Commercial-road, Peckham, and was a commission agent.
He had for many years transacted business for bat witneses
, husband, and he bad bought goods of her. On Thursday
evening she sent him samples of valonia, with the weight,
for him to dispose of at the price of 101. • ton, agreed
on between himself and her late husband. Witness made
out two delivery orders, and gave them to his son to take to
M'Evoy, directing him to convey the valonia to Messrs.
Chaplin and Horne, in the Borough. Witness proceeded to
the latter place on the following morning while the carman
was there with the goods, and there was some dissatisfaction
at receiving them, as there was no destination given. Wit-
ness spoke to the clerk, telling him he did not know what
address the buyer would give, but the latter would send
directions. Witness added that he sold the valonia to Mr.
Hooper for 161. 12s. 6d. on the Tuesday previous. He
knew nothing whatever of the prisoner, never having
had any dealings with him in his life.
Mr. C. W. llooper, hide and skin merchant, said he
knew last witness. On Friday, the 17th inst., be bought
of him 20 bags containing 26cwt. of valonia, and paid him
16/. 12s. 6d. for it. Witness undentood that it was at
Mesas. Chaplin and Home's, Haydon-square, Alined°. ;
consequently he proceeded there, and ordered it to be sent
to Northampton, where his warehouses were situated.
Charles Shriven, clerk at Chaplin and Home's in the
Borough, said he received the twenty bags of valonia
from M'Evoy, and forwarded them to their railway
depot at Haydon-square, Itinories, for transmission to
Northampton.
Henry Hunt, 34 M, said that on Friday morning last,
a little after twelve o'clock, be was sent for to Mr.
Silva's counting-house, at Griffin's-wharf, Tooleystreet,
when the prisoner was given into his custody for
stealing twenty bags of valonia. He denied all knowledge
of them.
Mr. Burcbam fully committed him for trial, and refused
to accept bail.

TEE Levi RIOTS Is HYDE-PAWL—Last evening
• meeting of Irishmen was bald at the Coach and Hones,
High Holborn, Dr. J. O'Connell in the chair, to sympathise
with and raise money to pity the kith* imposed on their
fellow-countrymen for their opposition to the meetings
called in the park. The meeting was originally appointed
to be held at the George and Blue Boar, but for some
reason it was adjourned to the above place. The chairman,
in opening the proceedings, strongly demented the idea of
Irishmen being molested on the score of their religion ; and
the first resolution, proposed by Mr. M. O'Connell, seconded
by Mr. Do 3 le, was to the effect that the meeting sympa-
thised with their countrymen who bad been fined and int-
prisoeed for sympathising with their creed and country in
Hyde-park, whilst at the same time deprecating the vio-
lence recently exhibited. Other resolutions were proposed
and passed unanimously, and a subscription list was opened
to carry oat the objects of the meeting.
_ _

Importing Tea without colour on the leaf pre-
vents the Chinese trateing off inferior brown lessee as in the
esnal Weida lerninwes Tea is toweiesred, therefor* alwam
ellke, ffeiti in Whets b 2,180 estentn—indrartisenteahl

THE COLLISION ON THE EDINBURGH AND
GLASGOW RAILWAY.

We are glad to be able to state that all the
patient, at Linlithgow, under the conjoint care of Dra.
Spence and Baird, are progressing as favourably as can be
hoped for, taking into consideration the serious nature of
the injuries of some of them. Mr. Shaw, writer, Falkirk, is
now the worst, and although there was on Tuesday a eau&
derable degree of irritative fever remaining, be period • good
night, and was rather better than he had been since the
accident. Although be is still in a dangerous state,
hopes are cherished of an ultimate recovery ; but still it
will take at least two months before the scalds ore healed
' and he can be removed. Mr. Brown, East Lothian, who
I received extensive cuts and bruises all over the body,
and whose arm was scalded and three ribs fractured,
is going on uncommonly well. The inflammatory symp-
toms that set in, and which caused at first wine alarm, are
DOW happily subdued, and although there still remains a
very great degree of weakness and depression, there is no
fear but that he will recover. M Fes Labelle Wood, from
Leith, who received the contusion on the lumbar vertebra,
causing temporary paralysis, was yesterday very much
better. For the last day or two she suffered a very great
deal from nervous excitement and horrible dreams when
falling asleep, from which she awoke talking • little
iuorberently about the accident, fancying she was in the
train ; but she is now quite out of danger. Mrs. M'Farlans
is improving rapidly, and, we understand, she is now
able to sit up in bed and amuse herself with reading ; and
Mrs. Burnett is also doing well. The girl, Mary Ann
Dempster, who is in the house of Mr. Dow, station-master,
and whose legs were fractured, is doing well and in excel-
lent spirits. She is highly delighted with her present
abode, and says that the people there are very kind to her.
The soldier, under the care of Dr. Gilmour, is also doing
well. There are two persons who rendered great service
on the night of the accident, and whom we have previously
omitted to notice—Mr. Peter Dow, station-master, and
his wife. Mr. Dow, as soon as the accident was
known, hastened to the spot with the labourers,
who had just arrived from their day's work on
the railway by • train, and set them at once to
work. He accompanied the wounded to Linlithgow, and
was most unceasing in hiseefforts to render the sufferers
comfortable, and has ever since proved himself a sympa-
thising friend to them all. Mrs. Dow, under whose care the
little girl Dempster still remains, cannot be too highly
railed for the kindly manner in which she attends to all
the sufferers. In the Edinburgh Infirmary all the patients
have improved with the exception of Harvey, of the Soots
Greys, who still continues in • state of insensibility. In-
deed, the doctor fears concussion of the brain. Mr. 'AVNab
of par was very much depressed, in consequence of the
death of Mr. Mart, whose injuries were similar to his own,
but on Tuesday morning his spirits recovered their tone, and
he is now • good deal better.--North British Mail.

ALARMING ACCIDENT TO AN EXPRESS TRAIN.

EVESHAM, WIDNLISDAY.
A most alarming collision, most providentially
unattended with fatal conaevencea occurred on the West

Midland Railway near thiiilown last night, under the fol-
lowing circumstances. The down express train from Lon-
don, which leaves Paddington at 6.30 p.m., does not stop at
Evesham, but pauses this station at the usual express speed,
and is doe here at about 9.5 p.m. The train was a few
minutes behind time, but was proceeding at the usual rate,
and had passed Evesham station by about 200 yards, when
the passengers were suddenly thrown together in confusion,
some receiving bloody noses and others being badly bruised.
Fortunately, however, no further damage was sustained by
them, and on hurriedly leaving the train they found that they
had run into some trucks which by some unaccountable
negligence had been left on the line without danger signals
to guard them, while it was known that the express train
' was due on the same line of rails. The effect of the colli-
sion was to dash the trucks (three in number) into splinters, '
scattering the debris over the line and breaking down the
telegraph wires. Two of the wheels of one of the trucks
had in an extraordinary manner got under the forewheels of
the engine and become firmly fixed in it, and it was thought
that the engine would have left the rails and run off down
an embankment but for these wheels holding it upon the
line. At the place where the collision occurred there
is an embankment leading over some low lands adjoining
the river Avon ; and had the train gone a little further and
run off the rails, it must have fallen bodily into the river,
which was much swollen by the late rains and is always
deep at this place. The escape of the passengers
was, indeed, miraculous. The party most injured was
the engine-driver, who received a severe blow on the chest.
He was conveyed to Worcester in the coarse of the night,
and attended by Mr. Everett, surgeon, who pronounced the
injury as not serious. The damage to the company is con-
siderable, the three tracks being completely destroyed, and
one of them loaded with scrap iron. The extent of the
mischief being ascertained, assistance was obtained from
Evesham, and in about en hour the disabled train was
dragged back to Evesham, and a fresh engine being sup-
plied, the passengers were sent on their journey. The
line was cleared in about an hour. How the track got on
the line, of course the authorities cannot yet say, but the
foreman porter at Evesham, who has the management of
the shunting of trains, has been taken into custody, and
will be examined before the magistrates. It is due to the
public that the most searching investigation should take
place, and the true culprit be punished.

CREDITORS' ASSIGREES.

(From the Gazette of Bankruptcy.)

Day after day, at the Court of Bankruptcy
is Basinghalletreet, as oar readers may observe in the
summary of past business, the result of well nigh half the
meetings of creditors for the choice of a creditors' assignee
is, that no creditors' assignee is chosen, and the ease remains
in the hands of the official assignee, with the professional
assistance of Mr. Aldridge. On Tuesday, October 14th, for
example, there were 29 first meetings for choice of assig-
nees assignees were chosen in 12 cases only. Next day
there were 9 meetings of creditors for the like purpose, be-
fore the same commissioner. Assignees were chosen in 3

muses only ; in other words, on these two days algae, some
23 cases were left to the administration of the official
assignee. and of the official solicitor. Much the Dams
Mete of things prevails in the courts; of the other
othunimioners, so that the several official assignees
would appear, since the commencement of the sew
act, to have been left to administer, ma sole assignees, hue-
dreds of MOB each ; an accumulation materially at variance
with the anticipation in various quarters, during the pro-
gress of the bill of 1861, that these gentlemen, after the
passing of that measure, would have little more to do than to
stroll to the Bank of England on quarter days, and sign the
receipt for their salaries. We may assume, indeed, as the
rule, that the cases in which no assignee is chosen are those
in which there is no estate ; but there are many instsncesin
which the very fact of uo estate existing—or not appearing
—ere precisely those calling for strict inquiry as to what
has become of the property. The complaint was,
that by the arbitrary and exclusive interposition of
officialism, injured creditors were prevented, not merely
from collecting and distributing assets, but from effee-
tively investigating all the circumstances of their
'debtor's conduct, and there can be no question that the
principle of the fullest right of creditors to the fullest
inquiry into the bankrupt's affairs and his cooduct and deal-
ings is the right principle. If they will not exercise the
right, the default is their own, and the official assignees and
the official solicitor must get through the heavy labours
thrown upon them as effectively as the circumstances will
permit. So far as regards the revenues of the court, thee.
will be benefited by the active energies of the official as-
signees being applied to the earliest realisation of what
estates an be collected in the eases thus left to their care :
indeed, we have every hope that, in the shape of remunera-
tion allowed for this realisatioc, and for their services in the
examination of accounts, ke., the official assignees will pay
into the Chief Registrar's amount enough to cover not only
their own salaries, but also the allowance for their
clerks and office exposure. With regard to bankruptcies
upon the petition of a creditor, if no other person will ac-
cept the assigfieeahip, the petitioning creditor should be
called upon to fill the of Mr. Christian, in his "Bank-
rupt Law. mention■ a case in which, "the bankrupt having
no property, no one would act as assignee, and having sd-
journed the choice once or twice without effect, we certified
the fact to the Chancellor, and recommended that he would
make an order to supersede the commission of the petition-
iog creditor, who would not accept the office of assignee.
Lord Eldon made the order. and the petitioning creditor
became the assignee." While on this subject we would re-
mark that there seems to us much too frequent a practice,
when creditors assignees are appointed at all, to appoint
as soignee some one who is not a creditor, and whose
only interest in the matter—naturally enough—must
be the pecuniary advantage which, under whatever
denomination, he can manage to extract out of it.
We cannot but think that in all cum the creditors'
assignee should be himself a creditor : admitting fully that
there may be many instances in which a creditor, otherwise
anxious for a full investigation of the case, cannot himself,
from the weight of his own business, personally attend to the
important duties of an assignee, we would urge that be may
still accept the office, for the sake of authoritative super-
vision of the bankruptcy, having regard to the large powers
conferred upon creditors by the 1220 d section of the act of
1861, which, inter alio, provides that " at the same meet-
ing, or at any other meeting called for the purpose, the ma-
jority in value of the creditors present may also determine
whether a manager shall be appointed to collect and windup
the estate, under the inspection of the creditors' anignee, or
of a committee of creditors, and may appoint such person,
with lath remuneration out of the estate, and generally upon
such terms, for such period, and with such directions as the
majority shall think fit." _ _

It appears to us that a manager, specifically appointed se
a paid person. for the purposes described, and under the
inspection required, is much preferable to a manager, ap-
pointed under the denomination of creditors' usignee, and
exempt from that inspection. By the Bankrupt Law Con-
solidation Act, 1849, s. 150, the assignees might, with the
lea.. of the court, apphint the bankrupt himself to super-
intend the management of the estate, and to carry on the
trade for behoof of the creditors : a duty in which a de-
minim man, where failure has been the result of misfor-
tune maisky, night better assist the estate thee as im-
ported simager, sad might fairly earn an allowance during
the trinding-up of his mittens. In some cease it has been
found that a bushier has bean besalkially carried on under
the laperiatiodsec• of the aleeserager.