The Express.
London, England, 1851-12-23 00:00:00

THE EXPRESS, TUESDAY EVENING, DECEMBER 23, 1851.

dented that any allotment with his knowledge wee eves
nude to him, or communicated to him. The:. put the °M.
Mal manager on proof of the allotment having been actually
made, and the proof Undered by hint was the viol vote
rumination of the secretary of the company above stated,
on which his Honour remarked that the blank form could
not have been the form on which the letter addressed to
Mr. Conway bad been sent to him ; and that there was no-
thing in any book or record. or in the viva Toes examina-
tion of the secretary, to show what was the address of the
letter posted to Mr. Conway. Nothing could ,be more
laws. Now, on this evidence, what was Mr. Con-
way's position ? He was • member of the provisional
committee, who applied for shares and agreed to accept
them if they were allotted to him, bat they were never al-
lotted. It was not alleged that Mr. Conway took part in
the proceedings of the provisional committee, or that he at-
tended any of its meetings; and his Honour thought that
this case stood clear of Uptill's case, and that Mr. Conway
was not liable no a contributory. The motion was re-
fused, the official manager to pay Mr. Conway's emits of
this application, and with liberty to the official manager
to pay them to himself out of the company's assets.

BRISTOL DISTRICT COURT OF BANKRUPTCY.

Baro■Y COMIIIMIONIM 11.. Sactaserr theruisx.

Rz PTIILLIP JONFS, OF LLANOATOCIE, BANIMB

A meeting fur choice 'of assignees node; this flat was I
held yesterday, and on account of the connexion of the
bankrupt with the Monmouthshire and Glamorganshire
Joint Stock Bank, as well as the rank be had occupied in
the county of Monmouth and the heavy nature of the
alle,ted liabilities, it excited great interest. 3lr. Stone, of
the Western Circuit, and Mr. W. Bevan appeared for the
petitioning creditor; Mr. Tilson, of Loudon, for the London
Joint Stuck Bank; Mr. Fox, of the brat of Protheroc, 'foo-
good, and Fos, for the Monmouthibire and Glamorganshire
Bank ; and Mr. Charles Bevan and Mr. Overton, for other
crtditors. Mr. James Edwards attended as accountant of '
the bankrupt.
Mr. Tilson tendered a proof on promissory notes to the
antom.t of 14,0001.
Mr. Stone said he had to object to the proof, which
was upon various promistory notes drawn by the
bankrupt and accepted by other parties, anti which in some
way found their way into the bank, and had more or lees
become mixed up with thy account with the bankrupt, and
for which the bank held r.eurities to a great extent. Now,
he objected that the bankers had no right to pick out those
notes front the irLneral account and prove upon them, they
holding securities tor the balance of their claim. lle was
instructed that this gentleman (the bankrupt) had held be-
tween 4,000 and 5,000 sham in the bank, which were held
as security Mr. Frazer, the manager of the bank, was
present, and he would a-lc him where were the certificates
for those shams?

„. ...-....
Me. Fraser—The bankrupt never had any.
Mr. Stone—No, of course not ; that was the fact. The
bankrupt had received the dividends, and yet the bank held
the securities. It was clear that the bank claimed a lien
upon them, that they claimed to be entitled to hold them
till the culls were paid, nail also as security for the general
balance..
Mr. Tilson said his ob'ect had been to render a proof to
which be thought no objection could be urged. He had
endeavoured to steer clear of objections and difficulties
which he foresaw might arise upon any proof being ten-
shred for the balance, and had therefore carefully abstained
from making it. The notes upon which the present proof
was offered had not been mixed up in any way with the
general account. They were bills which the bank had
discounted.
Mr. Stone—But the bankers were at liberty at any time
to put the amount of the notes, even if they had not done
so, to the debit of his account, and then to make the secu-
rities which they held liable and:available for the balance.
His Honour said, if there were any securities be supposed
they would be put in as exhibits.
Mr. Tilson said the bills slid not form part of the account
at all. The only exhibitions were tho bills of exchange
themselves. The bankers claimed to have no security
on account of the bills, and it they had they would give
them up.
Mr. Bevan—You could not do that ;:you are a pubic
officer.
Mr. Stone said he would produce a banker's pass-book,
which the bankrupt had received from the banker's, and
some of the bills (if not all of them) would he found entered
in that account. _ _ .

Ilimour said that wag a matter of fact which could

be easily ascertained.
Mr. Tilton captained that the hook was not a past-book
which had been kept between the parties, but an exact
copy of the ledger which the bank, up.nt being applied to,
had sent to the official assignee. At tarn as an assignee
had been chosen he intended to present a proof, stating
the securities and the balance which the bankers claimed.

Mr. Bevan said the general body of crediton had no
disposition to deprive the bank of proof Mr any corn
which might be due to them, but the accounts were of such
• nature that they would require to be looked into very
minutely. What did his Honour think had been charged
from NS' half-yearly as interest ? 3 i,hoflt., to say nothing
of commission and discounts. The creditors would require
to beet. this inquired into. Decides the bank had a security
for 40,000.. and other securities.
His Honour—You do not dispute their debt.
Mr. Stone—No. Wo say they have a larger debt than
they ask to peon for, but then we say that all the transac-
tions are covered by securities which ough: to be exhibited.
Let the matter come fairly beton us and then we shall so
how it stands.
Mr.

_ ___ of the securities have been realised
by the bank, and we ought to sec that the proceeds have
been properly applied. I wish your Honour to ask the
ofheial assignee how long it would take to look into the ac-
counts. _

Mr. Acraman (official assignee) said the account extended
over a period from I!40; and, as tar a, he could see aft,
to examine the details would require two months.
His Honour—But it cannot be neces‘ary to make such an
examination at present. All we have now to inquire iy
are the notes upon which the proof is offered involved in
the account 1
__

Mr. 1 ilson—No.
Mr. Stone—We say that they are, There is one security
for WOOL to cover any balance.
His Honour was inclined to think that it was incumbent
on the party giving the proof to enter more lareely into his
case. It might lie, no doubt, material to him to endeavour
to insulate the menu., by confining his proof to the several
notes, saying that they w.rc not at all involvid ; but when
doubts were suggested, and there seemed reason to suspect
that they might be involved, it became material that the
party applying to prove shouid launch his case on a broader
basis, so as to show the court generally what was the na-
ture of the account.

Mr. Tilson.—Supposing his Honour to be right, and he
had great reason to respect Ins opinion, still, the observation
would only apple to the first transaction, because the other
bills were discounted for parties.
Mr. Bevan repeated that the general body of creditors had
no desire to do anything unfair, but it would be necessary
for them to look into the matter. They proposed as assig-
nee Mr. John Russell, of Risen, a most respectable and ta-
lented gentleman, who was a magistrate of the county, and
a gentleman of the nicest honour. Mr. Russell was a Large
coal proprietor, and was wholly unconnected with the bank
either as a 'Wren-Icier, debtor, or creditor.
Mr. Stone—As intelligent and highly honourable a man
as could be chosen.
Mr. Bevan—On the other hand, they want a gentleman
who is a shareholder in the bang.
Mr. Tilson said he had no objection to Mr. Russell per-
sonally, but he had formerly been • partner with Mr.
Jones, and there had been matters between them involving
a Chancery Suit.
Mr. Bevan said they bad been unconnected for many
years, and then only as shareholders in • joint-stock
concern.
Mr. 'ninon said he proposed a eery honourable gentleman,
Mr. Thomas Powell, of the Oaer.
Mr. Bevan—He is a shareholder in the bank.
Mr. Charles Bevan would not have ventured to interfere,
but that there seemed to be a disposition to compromise the
matter; and he thought it right to state that he represented
a creditor for 2,0001., whose only objection to Mr. Russell
was that he.was nut a creditor of the estate, or interested in
it in any way.
Mr. Stone—He is a perfectly disinterested man.
Mr. Bevan said he had no objection to associate Mr. Rus-
sell with Mr. Overton, but he did object to the bank having
a preponderating influence.
His Honour said, no doubt the bank onght to be repre-
sented, and if it carried the choice, it would no doubt have
a right to name an assignee. The court, however, would
have a discretion in the matter to object, and he should
think that be ought to UPC the interests of the creditors
justly represented. He should suggest that the bank named
one assignee and the creditors represented by the other
gentleman another.
A good deal of conversation between the legal gentlemen
pro and con then passed, and it was finally arranged that
Mr. Rumen, Mr. Powell, awl Mr. Overton should be joint
assignees, and that the bank proofs should be considered at
some future meeting.

to supply them with an omnibus to convey them home, and
he having broken that contrast, they were not bound to go
en with the freak engagement, though they did play one
night after the breaking of this contract, in order to
en If It would be again fulfilled ; and, finding. it was not,
the plaintiff, together with the rest, determined on not
playingoria the aura time, but still carried out the terms of the
cont set. And then, on the following Monday,
they were discharged. I think the week's notice wu
, and it appears to me that the plaintiff is entitled to
=et with costs.
Mr. Simpson ezpreterd himself satisfied with the court's
decision, and consented to a verdict against him in all the
other eases.