The Express.
London, England, 1849-11-15 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 15, 1849.

have the benefit of an alkyd egah able uslosisawt of cellisio
sums of mussy du* in DidNORM, 1845, to DC "in. °dada
rid Warms, civil tapir eye, floes certain railway erapeake
for Irbil= Mates. ()widen as Brunton bad bees awe reed
It append that Ogaden sad Brunton had in Daselnlier.
1845, overdraws their seeinny at the L'lirobel Birk
mime" %,""" of °wit 3,0001, and Mr. Lister, lb.
1 th. beak hewn t pprod to thes hr
111110,1 Sam, offered a madly ea the maiss
duo to 'than irm the railmy coupsales. This seessity
we esseptod. sad Yawn Ganda and Bisons wrote ea
W Mk of Dowisber, 1846, a beer to
ut Theign sad
Westmont, solicits.. la Leedom, then to ro•
Mee the Mem dos his the sonpudes, mil le pay it over
whoa relived kW the bask of Cann., fiesta, sad Co.,
s• Inadmetigafgakial el thePettliel BMX PMl's,'
sad Wastamessil, Oa the reeds of this WM, wrote es the
Nod Domeage wawa aad flo., edeelarays=
Geadell awl lisentee. haw, and
%Ossekklikdderatisee,, satrautilitis bass rm.
Os
eirgesi, le. Linn ea tho Usk of Doerweber
Mete le Plastaer sad Westierjuseres ltdebgi
the esetipt ef their • lOW sad the balsas
dm to than he& Gonda sod to he
men 8,0001., sad that apes moms el that san the bah
maid did,., ep Pinnigar sad Nlmesseastt'siston, whisk ha
sold the book regarded as a puarantee to that amuse la
the seam oir the yaw 1846, Wesinnott, without Mice to
the Bask, Imhof several ems item the railway empenise,
es alma edOehdel2 Sad Drustesqwleisk hi paid weer to
thiagenad it agoemil did they pi& late die Bask divers
Eyeeteedbig4. *Um, art slog IMO allowed by the
to osatiwasjowessaspaa 11,, se that thews was shi-
p balsas@ ef doe eon dine te the bark. It
ewe aspondad by OM the Masi paid tato the
awit= lleak eselell MI Imam .bas Dien
1846, was to
be ea diaillillell the Mimosa( MOW. then die
hems And ea the
wig* odU held Pianists'
's letter of the 27th h
od December,
AM the bill is this suit. lorsllaB
elf il night be declared that the Utters of ths 28th
=4ll
Ms Deenaber, 1846, emelitaited a geed shabahl• as- •
the beak al theswim ha hes en Whiny
W% 4171.11 sad licsatea, sad the they Mud a
meshy to the bark Err kiISOL His Iseethilos hi
west through the Mb et the are st ace
kaglis, sad szpressed Wslides to he diet the
lodes. in omits did aat mama% to ea sepalabis =dri-
fted. It woe sari tint gammen was she ealkiter of
sae of the railway magesies, but it was sat Aida that he
had say Wenn ha the debts co airy morel mar the had.
ant of whisk they wen te be paid, sr UM la this
Oa
in
was Mies so the arm el she railway oresepasisa. Gaadell
sad Dimas eigherind Westmont to resolve the assay,
sod dkosted Ida to pay it to the bask, sad
Westmont seeisamise,sd this authority to the beak,
aad presind le pay the Ramey to then wins n-
oshed. This Lila salted a gwantee, sad Westmont
galled k hie Radseteldog 1 bat wither party called it as
toeholds sheep. Lad he did oat think that the tram&
tha, whatever Mein be istmisd, did mount to an woks-
hip=reast. He had asses to the coachnioa that the
was set untitled to the relief he asked for and he
aims Amin the bill, bat without ants, against Wt;unacott
and limiger.

Isom TICIFCMAPCOLZAIS linear Dams.
Bi PAWN Howitaarourn, an WITYIN AND ZINNIA
ILIIIMAT CONPANY.—WINDING-OP ACT.
Kr. Lloyd sod Mr. Hotheringtoa moved, by way of
sipped, to &cheep ea order ma& ley the Muter in the
MEM Cl windbag up the shove aompeny, for moat by
the appellate of a suet of 641 L lu, bring the babas in
their hands in respect of the albite of the company. M-
oodie, to as el the appellate' aNdait in support of the
moths, the appellate were appointed s-me to
the sompeay jointly with Kr. Colombia*, who
afterwards seised to be employed in that ea-
MTh* aomeasy was only provisionally registere d.
16, 1846, the provisiosal direcion having called
ms of the shareholders and applied to the appellants
fer the es of the joint solicitor, were irated that it
pm impunibie for them to be trade oat La time he the meet-
leg. The appelliab, however, at the repot of the diem
ten, made a rough estimate of 6,0001. utile probable amount
des for pro sesksal shape sad disbarsentests. Payments
were afterwards mode to them on masa, amounting to
6,0081. The app ilsnle° WI Cl sots was settled, en a re&
raw, at 6,258 L-74. 11d., loispoodastly of Mr. Colombia's
&mead. amour( to UM k 741. Mr. Columbia' &Rat-
ner& Mame onpl. and the Mats trawsasted Ms&
tame stens for the eamparay. They claimed a right to nisi
the balsam ordered to be paid ever by them in implied Kite
claimed Kr. Celembloe's magas% end of their on
Kr. J. V. Pik" (errthe sseigoess ef Mr. Coteau:Zs,
claimed ea latest en their behalf In the 6411. ls.
Mr. Swamies and Kr. Daniell for the cadet meager
contended that the order was right, and that the
mono ordered to be paid was a bailees in the hands
of the 'palliate es trustees, receivers or agents, to
which the eempeay wee "prima fade entitled" within
the flossing of the 66th motion of the Winding-up
taftcad that the appelleate had no title to set off
this balsams say yrebseisaal sharps without
showing that they were employed by the eimpaity in the
various matters to which enek dirges Mats& Whatever
claims they might have want the threats& who employed
them, they had estabffidoeseme against the eimpany. They
had sides that the Mime& their hen& beleaserto dee con-
posy, cad that nudes was endlelsnt le mentleala them trus-
tees of it within the miming of the seeds% sad as such
"Sis=BB6lll we apply it he perinea of charges en-
sash the eimpay. In fact there could not be said
to hem bean say compan) in this rase who could give such
ea onlbtelly.
Mr. Lloyd was heed ia ',ply.
The Viee-Chmesilit, who reserved his decision when the
Taoism Ws bead, sow pve the following judgment : This
modes, of which I have to dispose, was made early in this
term, on behalf of Memo. Hollingsworth, Tysrman, and
Johnsen, and It seeks to discharge en order of the master is
the matter of the Act 11 end 11 of Victoria, e. 45, and is
the matter of this aompw7, dated the 3rd of August last,
by which they were esdeted foethwith,on or or before the 6th
day of November the next, to pay to the official manager
the ma of MK b., the balance in their hands in respect of
the affable of the sempasy. It was in sutotance easeeded at
the bar, end I think correctly, that If there was jadeite:ties
ia the mealtst le sake such order, the jurisdiction was given
by the ffilth imam of that act ; bet that section doss not con-
tain doe weed °debtor," and the mere feet, if already proved
against Kelm and 00., or admitted by them of
a debt of KU Is., due from them to the company,
vied* net have the order to be made. Does there
the saint the .hander or (polity off' contributory, trustee,
esesiver, banker, et egent," which are the words of the
oedema ?, Of esatiffiratery, revolver, or beaker, 1 apprehend
eastakoly sad *My net. The master, I suppose, thought
the wards " Melee or agent" embraced the owe. Mono-
log, however, that Messrs. fielliegswerth and Co., were
epos of the momeny, I And myself moat le on the evidence
to say that they remind the whole or pert of the money in
=fir in that eleareOat or Milanky. If an agent, cm.
M paheiteneV, had reedeed money from his Fin-
efal moms* is alma. et Meru& payment, of claims
Wildly or net losindlog diabaftemeate for him by the
IVO+ gm mast I Walt be said to have
been ressivedilibrde gent as an agent, or otherwise thea
es ea individual or perm *Liming to be a creditor. Here I
ware sap that, in mg *aim, the facts do not bring the sp-
riawitidathe operation or meaning of the word" agent"
limrewee weed in the section. Then as to trusteeship.
leases trestmehip U eat of the cue. It was argued that
thin was eenabwetive trusteeship by reason (m it was sail)
doll this MI pert of a sum which hart been paid, as I under-
stood, to the melbas in breach of the trust ep-n which
thermos oho made the payment to ;them were said to
have bid it ; wad the appellants were alleged to have re-
adied NM nodes, and so to have become themselves trustees
far the compasy. If the evidence had been sufficient to
2111 this onamilleo, in fast—which It has not—l should
bri eve thought that a case of trusteeship, so merely coo-
alesselve, wee set within the meaning of the section. The
egpollaate &duet receive the messy under any contract to
be enema Cl it he the easpeoy, or otherwisethee se
way peid on esenent of a debt with* they claimed to be
One hethem, or le them sad Celambine. That it does or did
MINI the debt doe I moat, easidetteg the eon-
leallem Cl Mr. Calmnbine's sallgams, represent myself
as Pis satisied. M may or may aot be so, bat ifl were
ealleW MOO seidestes of maser, it would make no diihr.
ems in eel Maks. lus obliged to avow that, if I had
bees la the mister's pleat, I shah bane refused the apyl.
aides. This mes ers therefare, Ma to be added to the
camber ef these in which jedisid iwielsos have &Keel Is
wmniOrnellso Cl this steads. Whither. spot from Se
peon& ea whisk I have *ad my &Mem, the ardor of
the mister is Open to oljastisa, I need sot say. But I may
middd, that although the esomeny may be entitled to recover
MK le.. or sum pad of that amount, from the appall's*
in seam moms.—say es whisk Imy nothing—l am net
panned by mayday whisk I have geed or beard that the
sewing it, fa the weds of the est, peal bete entitled to
the messy. The ease was directed to he sakes to gala on
the linmem a the
of
thee( the freeman before the meater.
sad Utelatiediedmi ot mat to Pa them.

soignee, sad was revueed to when the father wee dud ;
std is this cue, he bade`` no sway, thy desertion WAS NI
far remosest as to give the estildren a right to their birth
eettimast.
, 'llth court wadi e *am t/gOV thi ordflt a remota, wee
?W. Tile two paupers were the legitimate *labia ta;
Isiah 'routs bora is an English parish, the mother wag
&id and the father bavlng Muted them. The Martha
Mg be assikeed as lroplyiss an entire separating between
the father sad otildese, sal the eases had decided that when
there was • dimestina by ea Irish parent of children Dora in
Isaisad, the first eettlemeat of the family most be Imaged
Wet which was malty the mether's making settlement.
Is this case sbe was dead, sad that had therefore bees die.
posed of. The gaosties that arm, where won the children
Magi? Prisai fasis all Usti& bora &Urea had
groins& a get:Es in the plass of their' birth. It wee,
begmterfade, and U It was sheen that either
thee aply
a sif had gaud a Mamma the childrea's
. estahment Mimed theirs. But if the pinata had no
talegsheat. er if It maid net be essertsised, the grin& fug '
salismeol et the chains. which was asews yg ! politician, lMa
ek . The ehiltkes in ta gees bad sash
MM
eaignese. It woe than seesaw to deal with
the roe dynamist providing for the removal of claim
has a.l parents, end the gaggles here was whether the
urges had dem 'Moir duty ander it. By status a father
esbeareitiado net
nsabisiporsareiteltaseditisitchilvdesrenn, sad
b 1
that he
shield be summoned before the magistrates. In this test
the ass was about, and it was not 'alibis to simply with
gra mega (tithe eat, sad this disposed of tle ease, end the
dillies ware removable to the plies of their birth
mtdoment.

~suISB.TrsTBRDAT.
—.....vm.--Itsrom Me. Baton Purr ori •
. 11IDesassr Ocorrow iiiy.
HYLAND v. ALLAY: SLAaDaa.
This was IN sake to slender. The defendant pleaded not
guilty, aid as to sere of the words he also pleaded a jostle-
r Sow. Mr. &leant liannieg and Mr. Scott WWII for the
Mr. Menages Chambers mad Mr. Paehlay for the
t.
,I.Wdtglests a belabor, innerly earning on business is
mew at Brighton; the defender a baker at
lowasitlbeeirs of last year the plaintiff pur-
romaa Istehests briars Ire= a lama agreed Turned, at
=, Ike Yr Imes of 471. les. Toren waste hat time
to his imaged and to ease pure& plalatifi
to She bribed and see balance to Terser who
a receipt the it Is the mg ea tire Tiring
glad the debrisat •Bem, who was a seen-
lir. yr rub dientred to lad that
Mosey was her Mr is
of the gab.
Keg. Terme, the widow, appagerk loss knt in igse-
war by Me Miami aides pmentiaAgrebe opined to the
clasintiff be rwsNIA atese gamey. no plalatiff essa after
vrg Used that the defeadiat had grated reports most
prejudicial to his eharseter, seat a pores named Berrotghs,
a butcher is Neere.ntarket. who want to defendant and
" This is asd job 'best Hyland." Defendant sr
plied, " No, is is a bed job for Tuner. He is a d—d rogue ;
he not only ?ebbed Tamer, bat wires to injure hie widow."
Defendant then went ea to say that the phial, had robbed
Terser by giving him a Woe eaten*, rid was Dubs to in-
ject his widow by iteggieg bee thkep. He said that be had
✓elies to the inhabitant' at the pies' to discontinue dealing
with t4tr plahllß TM leaned ardent extended that in
ousesnamss sl *so' el erns statersats, the plaintiff's
kabala as a beret had greatly durumd to his serious
box
The NUMMI Burroughs proved the fact. as stated, and
several ether perms were cried, who spoke as to the pur-
shale of Turner's business by the plaintiff. The solicitor to
the amsegagee in possession of the hour sad 'hop proved
that the arrears of ant (16 gainer) due byTaraer, were paid
by the plaintiff.
A receipt, signed by Turner, for the sum of 471. 10a., for
the
...goodwill, fie., of the business, was put in end read.
Xr Chsmbere eakmitted that there was NOW! for the
jury. The words alleged were for general slander, and not
connected with the plaintiff's trade, and in the next place the
plaintiff had put himself out of court by the mitigated sense
of the imputation peeved by his own evidence.
The learned baron decided that there was sufficient ease to
go to the jury.
Mr. Chartres then addressed the jury for the defendant,
and celled several witnesses.
I. Honsphrys, son of the landlady of the house, stated that
he secompanied plaintiff and Turner when the rent was paid
in October. Oa the way plaintiff asked him if he thought
Turner would take a bill, to which ke replied that he
thought Turner would require all the money he could get.
After that plaintiff and Turner were by themselves for some
time.
Mr. Turner nobs to her bevies ben greatly abused by
the plaintiff on the night et her husband's death. Plaintiff,
shaking hit fist at her, said he would give it to her in
tragedy and comedy. She recollected the occasion spoken to
by the witness. Burroughs, but denied that the defendant
had used the words imputed to him. On the contrary, Bur.
neighs himself said, "he (Hyland) Ls a rogue, and has
wronged re."
The Bev. lir. Virus, the vicar of the parish, and several
other witnesses, were called, with the view to prove that
on his death-bed Turner had made a statement to the effect,
that the money lad not been paid by the plaintiff; but ma
arse of the witnesses could state that Turner appeared to be
aware that he was dying, the learned baton ruled that the
Pittman (end not be received.
B. Strutd, a riler, stated that Burroughs had said to
kiat that the *Will was a d—d rogue, and that he believed
that he had not paid Turner the money.
Mr. Rolls, a farmer, deposed that, on the 25th of October
he went to the plaintiff's shop to ask payment of an account.
Turner was there, and asked witness to let hies Dave the
first tare, as he wanted to get some money. Plaintiff fume
oat and told them that they had come too late, as his mosey
was tied up in Using, and springing on his horse he rode off.
The learned Baron having summed up,
The jury returned a verdict for the defendant on all the
aunts.
Hope e. BOID.--FIL/17D Ile TEN CO/71113 TRAM..

COURT OF FAI
Not Pans AT

This was an action to mover the sum of ESL 4s. 10d.,
under the following circuit:muse. Mr. Browne appeared
far the plaintiff; the defendant was unrepresented by
seunsel.
The plaintiff is a coffee dealer ; the defendant a broker at
Wellington-chambers, London-bridge. A Lincolnshire cue.
tosser of the plaintiff having ordered from him a quantity
of " chicory albs," for the purpose of mixing with coffee, he
employed the defendant to make a purchase of the required
quantity in the market, at 30s. per hundredweight. A pur-
chase was made by the defendant, from Mr. Christian of Min-
cing-laneat 28e., which was forwarded to the plaintiff's cue
toinefat Elolbeash. On summing the goods, the htter found
that they were not chicory nibs, but a spurious article. He
returned the. to the plaintiff. The phintiff thereupon
iastituted inquiry late the matter, and a correspondence
meek is tiss eases of which the defendant said that as
Cbristles bed sell him a spurious article, he would render
the pkistiff say essiebree in his power to compel Christian
to make good the loos, sad, should legal proceedings be -in-
stituted, that he should come forward as a witness. The
plaintiff accordingly messienced the present action for the
return of the money.
Mr. Christian deposed that he did not sell the goods es
"chicory," but simply se "nib." It certainly was set
chicory. Having received it for sale from a correspondent ho
was very glad to receive the defendant's offer of 281. At
that time the prise of foreign chicory was 665., and English
from 46e. to Vii. per cwt.
Several witamess stated that the samples produced were
not Abney, but dried carrots and parsnips dyed and fla-
voured. (Laughter.)
Mr. Baru Matt, in summing up the case to the jury, eta-
=tubed the tionduct of the defendant as grossly improper.
His lordship ales commenced on the fact, that the defendant
bad charged his principal 30e. for an article for which he had
may paid 285., which ke denounced as a scandalous fraud.
The jury immediately returned a verdict for the amount
claimed, his lordship remarkbg that this was one of the most
scandalous frauds ha had ever turd of.

COURT OF BANKRUPTCY.—YzirrgaDAT.
Sams Ka. Onomorossa Tosswoors.
FICTITIOUS Boo's.

8. Durant, diaper, of Deptford, applied for his certificate.
He was opposed by Mr. Tenter, for the assignees' on the
=of isaperhoct book-keeping, sad niannfacturlog
with a veer to his bankruptcy.
Frogs a brief azinalaation of the bankrupt it appeared
that to the two swaths before Me Mon he had largely
harassed kis petrehasio, the antoont beteg shoat 6001. He
had only ....word to keep a auk book shady before his
hualonM, whisk he had tilled with bate saki's, taken
di* Sem ressipla. Foe law of hie r, stoney m-
ama' be bad se venetian. Ha bad Owed Ida trade wadi-
too 2i.. to the ponied, on being allowed Simi t tido being
refesedrbe arcuated a deed of
lih Mew said die bealnupttililLeamminei laminae
with lies Oda Whig. Ina twelvemonth he bad luntred
neer 1,0301. 4[6860 ; and in the lid dim .the bit pen-
alises* had coallanallg inereseed. It was aas of meld.
isgly reekliontn. The expenses were about five them
fin the , os was difficult to believe that the gaits
had teen ateo mall a rate a Bi per cent. ; he had
freed rheaMille awl larger. lt was not very=aehUl
the fidtions embark bad bees framed, inapt that the
=lnight Nur best warned spinal ewe* here
ase. It did not appear to coataia any feendulent
intelea, cc the certificate would v been relayed alto-
. As it yea, it mut be suspendedhae
for 12 and
snanda,
=wily be of the third de.. Protectioa was muted.

Mee= 11.. nownenna lbws.
113 PAIMSON.—Tza HIPPODZOICIL
We was Ihs his awminaties weetleg is W is.. of J.
Paste:my 'wipe%Wwkesper, who was proprietor of the
arioalosnimesel by Mr. Paine, fee the weigaete, and by
Mr. My, arkibellef a
Frew a shed washiation ef the bankrupt, it appeared
*albs bed Mow is MANN doe 1842 ; Msdebts and
Make am alma 4,0001., Withente own Me is Kr Tat-
semi ea ailabdity. He msnimitiod, bat, in Widen to
dewentie seem% had had bar performers is Ids hour
He owed Mr. Tusher 40k forendles, bad pwdm of these
had been used be the tithe Hippodrome. He had
sows plate, wit me s. Usd to owe peopeety under • will,
the partlealass at wkidi were est bath ht the belnewwww.
le
Heuer
said be mold paw the banknopth szeinins.
=mall ell irwedolso etimard naliktbe wearied fir the
neetfeir.
ssuissims
CALLUIDAIL•4IAiII 2=IbirAOTOL
TIM earths Nellissile_ of A.B. Col-1
laYss.u.mfaste, of leidatlNA' Lemma liaa lb/
• • ' ' Mlle.
copped he es tad be Maw
&Moat Pram, al Warta who won wanton far
1,70 K As ponds se /tha wen midis Issas,

,
bineLVtere, emithaibm fa bedew whim laselvest,
sad tly soatractiog dsble. The befeleiwr I 4 seta
beakrupt tore in 1834, bad eoespeteeded let pa *Phi*Philse 1847. He owed to creditors 19,3471.. •to 'awe end
*,cured)
111,28117.; capital. 15,4181. His meta la good debt" and
kroerty were 9301. ; property ia the beads of madam,
bad debts, 6,0661. i trade evws/..,
• 13871. His balanse-sheet
stet's
Asp lit January, 1847, to the 30th Malik lt 1
toil siatended tut the espied which he
task etedit wee tenacious, consisting mainly of
bed debts. end a eas of 22,0001. was written off
as Immo in the bet year, thereby leakier; bim
inselveat.. He had beuAt golds to a large *rent, and
Oa*" them ie pay for purchased immedietely bawl
end so bag Os he *add do this be lied been MAW 111 brie
mt. The eseennit of his looms was most dimness. &mein
• Warm every artiste, is all 18,00 W., while his waits wet
0711 sad 6001. resolved as eimulabeion. His dissimes
bad poet lien 1,8041., and law cow 4671. Of the ens of
19,3471. whisk be owed, 14,4601. had been contrasted in the
three last maths of last year. Mesas. Goddard'. bills had
been Wisemeared in November, 1848 ; 'notice of bankruptcy
was served, sad airengemeate were made fur winding up
the mina sailer isepeatien, the hauling* agreeing to at die
psymestO amiaimeenet a• era liabliblia Some gagcreditors
essMislied, • doeimatisa of innelviaey was filed, as a
beds fees Ise, wide!, however was set taken oat till the
20th March ; sad in the meantime the beetroot, having n-
og** 1671., paid 1621. to • creditor named Welnian. The
debt of Mews. Godditd had Men roatrasted through
Mem. Bela and Miry, their London agents ;
bankrupt diem represented himself to be perfectly
solvent and ordered two cargoes or wheat, having
prelim:sly asesztained from Mears. Stares, of
meter, that they would make him an *drones on it.
The corn was shipped by the Ami de Comeree ; the bill or
lading arrived oa the 13:h or 14th Nov. ; but a week before
be bad writtou to Ibsen. &urge and Co., inclosing a bill of
ladiag.sad polity of inetiesses, cad toguating a remittance
on secoont of the carp. They ferwarded him • clime" for
1,0001. en the 14th, sd another for 3001. afterwarde. On
bay.me day the bankrupt
_aoseptod some fourteen days'
Oa the 22nd he asked Hr. Bain few time ; end, on
being asked where the cargo was, said it was sold. The
bills due en the 27th were dbhonoured. The mooed cargo,
though shipped, had not come into his poiseadoe. Mr.
Beia's suspicions having been 'irked before the bill of
WM( _salved. Though the bankrupt's bills of the 27th
.Ipospadisasura, ea the following he had made a pay-
meat ef 1001. to Messrs. Johnson, who had threatened to
\soothe bealrupt, been the Lord Mayor, on the charge of
• fain bill of lading In another case he had made nee
ef dPilit le bills of lading —a fraud which could not be too se-
verely stigmatised. Ceder these circumstances it was
contended that the bankrupt was not eatitled to any anti&
Gate at all. A distinction which prevailed ander the old law
as to a second certificate, la • ore where the bankrupt had
not paid 6e. under the first bankruptcy, had been removed
by the new set, thus diminishing the protection to creditors;
it was therefore urged that the mat should consider this
feet in giving judgmeat. The conduct of the bankrupt sines
lie flat bad been such as to afford no ground for complaint.
The bankrupt was then exernined.—He denied that the
letter of the 6th of November to Mesas. Stuns had refer-
ents* to the cargo be was expecting from Messes. Ooddard.
The bill of lading wee not forwarded till the 14th, though
coated to have been so in the former letter. Messrs. Steam I
made him an advance of 1,0001, whieb he had to return on
account of the bill of lading not Wine delivered. ; when It
was sent, his cheque for 1,0001. wee returned with a farther
sum of 3001. The advance of 1,0001. was originally made is
respect of • cargo per Le Jamie Aigle, the of lading of
which be did not obtain as promised. Afterwards Mr. Lamb
(front Moms. &urge's) -ailed upon him about the bill of
lading not being sent. On the 28th of November be paid
Maus. Johnson .6001. by a cheque. Did not apply the
cheque for 1,0001. from Messrs. Scarp to take up Mr. Bo-
ther well's bills, which were due on the 3rd or 4th.
At this stage of the proceedings, the inquiry wee ad-
journed till Saturday.