The Express.
London, England, 1853-01-14 00:00:00

COURT OF EXCHEQUER.-YEBT!RDAY.

111 ?MG AT Sus Paws.-41170111 tie. Bawl Purr &MD COllllO/1
Jeans.
Tamar v. Amtroar.—AN Arronnitu'a BILL.
This was an action to recover 2251., being the amount of
an attorney's bill. The plaintiff resided at St. Ives, in
Iluntingdon.bire, and tho defendant was a widow lady,
formerly living at St. Ives but now in Camden Town.
The case occupied the greater part of the day ; but pre-
sented no feature of public interest. The jury ultimately
found a verdict for the plaintiff. for the mount claimed.

r.—YESTERDAY.
II Fans.

COURT OF
Bums 111.
Ix as A. A. Lacaussv•an.
The bankrupt was described as an East India merchant,
of Broad-street-buildings. This was the certificate meeting,
but the bankrupt did not appear, and it was stated that he
had left the country. The accounts, which were published
at the time of the last examination, showed an amount of
27,00 W. due to uncovered creditors; 43,0001. to those
bolding the acceptances of J. G. Lacy,. and 176,0001. to
creditors holding goods as isecurity. There has bees a
dividend of le. in the pound on the debts proved
Mr. Lawrence said he appeared for the assignees in this
nee ; but he way informed that the bankrupt had left this
neantry, and presumed that no one wasinetnicted to appear
As him. lie slid not know what course his Honour woald
gumtree under the circumstances, whether to adjourn the
mosideration of the certificate sine die, or to refuse it alto-
gether. In a similar case—that of Bonyard, a seedsmaa,
In Mark-lane—the court, in the absence of the bankrupt,
nod upon the application of the assignees, had gone fully
lake the ease, and had wholly refused the certificate. He
did not ask the court to take that course in the present hi-
:game. The assignees had no particular objection except
ghat appeared on the face of the balance-sheet ; and this
would certainly have involved a long suspension, for reek-
hell trading, of a very serious nature.
His Honour said he had been requested not to enter into
die nattiest the time, as, in order to make out the case, it
taaeMiIMINIM to get certain information from the other
din no enteM. Had that information been obtained ?
nes Lawnene• said he understood the Oriental Banc had
ROM to prefer, ant also Mean. Collmann and Stolterfoht.
Mr. Lows (representing Messrs. Chatfield and Hart) said
fhe Oriental Bank wished the certificate to be adjourned
egtthey.
Ceemelleelener—Do you mean refasedether ? If
I em to in that I tsar go into& long dieendon; and I
dentin dun* use that is. I grant him no pro eenoa;
11111171111 Ina Mt led take any steps you th k proper
as be beassa diens to some here and ask for hie certificate!
After balm through part of the proceedings,
His Hann said—l think if the assignees are satisfied
that framis have been committed, it is a duty which they
owe en the ignitors and to the public to take the necessary
steps hie lunging this man to justice.
Mr. Lawrance—The difficulty is in knowing what steps
to take. He has left the country, and we understand has
gone to Australia.
The Commissioner—But if he has committed a crime in
this country surely there must be some ordinary means of
getting at him In any part of the Queen's dominions.
Mr. Lawrence—The course would be for the Oriental
Bank, or say other creditor aggrieved, to prefer his bill of
indietaseet for the particular fraud alleged to hays been
eommitted by the bankrupt.
The Commissioner—That he might do ; but why is this
responsibility to be east upon an individual ? It is calling
upon an individual who has already been robbed lamely
to inert politic rights. The act of parliament Nees to
have had for its object to exempt the individual bon es-
nonsibility, and to throw it upon a body or furl e owl I
do not see why the body and the fund should set Rim
responsibility upon themselves, that is to say, why ea
inane, acting on behalf of the creditors and of the pollini
should not institute the proeecutios, and dehay the mg eel
of the estate.
Mr. Lawrance—l do not think that either of the ONO
be brought forward would come within the penal Angel elf
the act, so as to enable the assignees to take cognitional
them.
His Honour asked if the necessary documents had bent
received from India.
Mr. Lowe said they bad been sent for, but had not yet
arrived in this sentry. He had the declaration of a gee-
Beeman, now is this 'pantry, who had weighed the goods
in India, and bed fiend the weig°,ts deficient.
Mr. eawranes—No doubt a great fraud has been com-
mitted upon the Oriental Bank. The case is, that the
bankrupt obtained from them &dealing upon goods by mie-
n their weight and price. He had alleged that
certain contained double what they actually did.
The r—lndependently of the law of bank-
rsptey, that is wanly • fraud.
Mr. Lawraaeo—lt is undoubtedly a fraud for which the
Oriental Bank might indict; but I fear the duties of the
assignees are limited to the particular cases pointed oat by
the statute.
His Honour said he had really nothing to proceed upon.
No ease bad been laid before the court in a manner which
it could recognise. It was true the 256th section gave the
court power to direct a prose ution in aertain cuss, bat it
had net been shown to him how the court could avail itself
of those provisions. The 265th section was in these words:
"That if any bankrupt shall be suspected of or charged
with the commission of any of the offences here-
' inbefore specified, the court may direct the asf
signets to institute and carry on • prosecution of such
bankrupt for such offence, and to order that the costs and
it:messes to be incurred in such prosecution shall be paid
out of his estate and effects, or if there be no such estate and
effects, then out of the monies standing in the Bank of
England to the erelit of the account, entitled the chief re-
gistrar's account, and such assignees shall therefore institute
and carry on such prosecution accordingly ; and in case the
assignees shall refuse to institute and carry on such prose-
cution, no reasonable impediment being made and allowed
by the court, the court may order the same to be instituted
and carried on either by the official assignee alone or by the
creditors making such request, asthis court may think fit."
TM punitive provisions of this clause referred to the four
clauses immediately preceding, and it had not been shown
to him that the bankrupt's conduct came distinctly under
those clauses. The conduct of the bankrupt was in fact
and truth a matter for the cognisance of a criminal tri-
bunal. Let it be distinctly proved that there was a fraud
sad false pretence, and then he would refuse the certificate
rat sad out. and refuse to grant protection, and in such ease
, the meioses et ',editors could have the ordinary certificate
of @agoutis soder the statute.
Mr. Cowan, the official assignee, said there could be no
doubt the bankrupt had committed • fraud, inasmuch as
, ha bad, Is order to obtain advances from the Oriental
Desk kidisid the invoices. The entries in his books and
balemerenest were correct; but information recently re-
solved tram the consignees showed that the bankrupt had
very much exaggerated the quality of the goods sent out.
His Honour said, that, under these eircumet Laces, be
was of opinion that it was clearly the duty of the Oriental
Bank to institute a prosecution against the bankrupt. It
was • duty they owed to the public, in order that this groat
end monstrous fraud might be punished. He wished to
know whether it was the intention of the Oriental Bank to
institute any proceedings ?
Mr. Lowe said ho had no specific instructions on the

subject.
His Honour observed (he would not wish to be under-
stood speaking judicially) that he hoped the Oriental Bank,
if they did not prosecute in the case, would be cheated
again and again.
Mr. Lawrence said it unfortunately happened that
rile bodies were very reluctant to institute any proceed-
of the kind.
is Honour said that public bodies were specially bound
torreasalt not only their own iatcre.ta, hut that of the mer-
cantile public. If it were true that the bankrupt had ob-
i sanded to the colonies, he could not for a moment suppose
but that the colonial authorities would give all the assist-
. anee in their power towards the capture and punishment
of the bankrupt.
His Honour asked what dividend had been received ?
Mr. ClllOll4lll replied 1,3001., upon which a dividend of Is.
'ice the pound had been paid.
His Honour—How much are the debts ?
Mr. Canso—The debts and liabilities are abontl2o.oool.
Sow farther meets are expected—the produce of consign.