The Express.
London, England, 1851-11-13 00:00:00

COURT OF EXCREQUEIL-YESTERDAY.

.Sammie IN Baxat.-11sp.4k TlO. Lieu emu, Butrox' MM. IIAGON
Nme. Ms. HAW. ALINXION. •01.0 114. BMus PI an.

TIIItiI4OZIE-A7Iii;&RAL 0. TILETONI3O.--N/JOCKCOM-
PANT.-APPLICATION NY THE DEFENDANTS TO HAVE
THEIR GOODS. WIIICU HAD It LENSEIZED,ItETCHN ED.
. .

. • •
In tins ease Mr. \% ilde moved for a writ of delivery to
be directed to the Commissioners of Customs, ordering

them to give up the defendants the goods entered upon
their indentures of aprraisement, and which had been
seized upon the premises of the London Dock Company
The object of this appliea:ion was to have the goods en-
tered upon the books of the Customs-house, in order that
the duty might be paid upon them. The learned counsel
mid he made the application with respect to all the prose-
cutions which had teen iiistiittml.

The Lord Chit -t' Baron—Nut with respect to all the cases.
Mr. Wilde—With respect to all the cases against the
London Dock Company, but not as regards the case against
the St. Katherine's Rods Company.
Mr. Grosis, who appeared for the defendants, said he
consented to the mutton of Mr. Wilde.
Rule granted.

COURT OF BANKRUPTCY.77YEsTERDAY.

E. 110.1 MN. 01011E0E.NE• VAN!.
1,1 )LP. M 1111 l LIWOOD AND FIE3TEE.

This was the certificate meeting in the case of them
bankrupts, who were described as silk-mercers and drapers.
of Leeds. The accounts, pri pared by Mr. Butler, of Ba-
singliall-strcet, extended over about two-and-a-half ye.trs
prior to the failure in August last. The bankrupts awed
2,1221. • the assets were estimated at I,ltl i. ; the profits
had been 1,2t)61. • capital, 260'. • lease of premises, 2.541. ;
trade expenses, ; losses, a9l. ; partners' drawings,

Mr. Parker, for the as,igneeit, said they did not wish to
press hardly on the bankrupts, but would call attention to
one:or two !'acts. Foster hail represented to Ellis, Hether-
ington, and Co., that their stuck was worth 9001. in Febru-
ary last ; and un that representation their bills and those of
other housell were renewed. He had also represented that
their expenses were only about half their real amount.
They bail taken a lease on very improvident terms, which
was terminable in the event of bankruptcy ; and thus the
assignees suffered a loss.
Honour and a tradesman ought not to enter into
such an arrangement, mud at the same time pay dear for the
premises, it was very unjust towards his creditors, who
were thus prevented either from talking an assignment or
going into bankruptcy, without forfeiting the value of the
lease. were favourable circumstances in this case,
the wet* being considerable, and the bankrupts having at
once placed themselves in the hands of their creditors; he
would grant a second-class certificate in each case.
Mr. 'Purr, fur the bankrupts, said that the outlay in the
premises would have been ju,tilied by the resultin their
increased business, but that they begait to feel the effects
of the Exhibition in May. At the tim: of their stoppage
the stock, at cost price, was sufficisnt to pay all their debts.
The loss on the lease was very trifling ; and under all the
circumstances he hoped the court would grant a first-class
certificate.

His Honour said, as thoy bad not given a correct repre-
sentation to their et-Wiwi+, however meritorious the case

might be, Ito could nut i;raut awn: thou feccoud-clu. utrti•
&ate,.

IN Itti LUCKINd.

The bankrupt was Kennington. This
was the certificate tnect;rig. His debts were 7501. • assets,
about I: ; profits, 134!.; ...11NILIVII and !miner, $2Ol. There
was no opposition.
His liunuur granted a third class certificstc.
IN to: VALENTINE.

The bankrupt, a aroci-r at Northampton, had come up for
his last examination, and had been arrested on leaving the
court.

Mr. Heath applied for his discharge, on the ground that
he was protected in coming to and going from the court.
It appeared frorn the evidence of a cinntable (ruin North-
ampton that the bankrupt had been sentenced to 12 months
imprisonment in North antrum Gaol in default of paying a
II penalty incurred .or adulterating tea.
His Honour having referred to the 112th section of the
Bankruptcy' Law Consolidation Act, said he thought the
case of the bankrupt came within the exceptions stated in
which the court caned not ordar a discharge. This man
had been arrested by reason at a prosecution and convic-
tion. The court had clearly no power to please under the
bankruptcy law, whisurser it might have under the common
law.

--
Mr. Bagley, as entices curia., being appealed to by the
court, said he did not thine there was any common law
authority to discharge a person in such circumstances. He
reoollected the case of a party named Douglas, who had
committed some offence against the E tat India Company,
and was arrested un his leaving the court, where he had
been examined es a wituess. Here the offence wee against
the revenue laws ; and the crown was nut at all controlled
by the bankrupt laws.
His Honour said this was clearly a criminal wrest. lie
had no power to interfere.
Mr. ilagley—l think not. I wi.h your Honour had.
The Commissioner—Well, I am nut sure whether it

would be wisely excreisod u ti ruse, where the man bag
been convicted of odultereting 'ea.

iN KU

His Honour to-day gave judgment upon the question as
of what class the bankrupt certificate should issue. He
said, I have carefully conaidered.Mr. Brunskill's case, and
I think that he is entitled to a certificate of the second close.
It seems that he and his urother Charles Brunskill entered
into an old established business many years ago with the aid
of a Mr. fickler, whose daughter Charles Brunskill, mar-
ried, but they assumed the business with a very heavy
debt due to Mr. Tinkles' fur money advanced to purchase
it. That debt Ins gradually increased, and is now con-
siderably above 20,01M1. It that debt were exclusted the
assets would nearly balance the debts, Charles Brunakill
lately died, and then it scums that Wm. Brunskill. who
uma then had had little or nothing to do with the finan-
cial part of the concern, historered his • • opals
which he immediately put himself in the heads of cre-
ditor% end sebninird to benkruptcy, Peas mato to