The Express.
London, England, 1853-12-23 00:00:00

THE EXPRESS, FRIDAY EVENING, DECEMBER 23, 1853.

swaged by his wok test • considerable quaatity of lim-
ier dwell be weld from off his estate, mod aecorthe..:ly the
axle woe t etentively advertised. ihe advertisement and
partieelars clime ',die the 'owe of the plaintiff, at i eve-
n inratls he attended the tele, which took piece ..t Nat-
Cognises onthe 21st February, 18;3. Some of the timber
to b• sold was effendi cut, but the greater pat of it wit
Use Li g
. sod, besides this, there tree a grt 4, numt.te of
Taeis, trees aot large enough to be called timber.
Tile property was to be *old in 66 lots, sad previous to the
sale the pitfall' went to look over the estate and inspect the
trees, an I afterwards be purchased the Whiteout 12 to 21, from
44 t i 6./ ; and ahl let 53. The purchase money for the
wit de of these lets was 6881. lbs., awl of this, lot 53 in re.
talon to which the pretest litiinattou principally elute, cat
2701 This lot was te vatais 852 trees, besides a quantity
of poles, sad the plainsiff, in inverting the trees, noticed
that there were not so many es these .. blazed " and mark, d
as formieg that lot. He poisted this out to Mr. Hawks,
a valuer of timber, who had b.en engaged in getting up the
sal:, and who said he could sot may positively how many
there were, for the sale bad been ant up in such a hurry
ih it he had not had time tees to blase moment the trete, emelt
less to number them. It, however, was announced at the
sale, that if the lot should confetn less than the specified
number, the deficiency should be made up. The plaintiff
having purchased upon these terms, soon afterwards
40mmenced the operation of cutting down the tint
ler, aid the cutting was done by the plaintiff's
mew, under the supervision of Mr. Hawks sad
• waaaiwtata conflicted with the estate named Voce.
The trees in lot 63 stood in Clines-grove, and upon • decli-
vity whi:ts eloped dows to the Trent. Upon examination
It was bind that instead of 852 trees having been marked,
there were in fact only about 700, and upon this fact being
i tinsiur tested to Mr. Hawks by Voce, he was told to go
back end pick out some more trees to make up the number.
He did, in fac•, pick out a considerable number, but after
oldie, these, and also some trees which bad been injured
by the letting of others, and after deducting some which
Lt•ty Caton wished to preserve on aceiniat of their being
ova instatal to the (elate, the number marked fur the pt Ain-
tiff was only about 780. The (trove was a great ornament
to that part of the country, and when the trees were being
felled a good deal of excitement and discussion took
place, and ease rumours reached the ears of Mr.
ll mks that the cutting of the timber was not
peoceedinn a proper eauster. In consequence of this, he
wrote to the plaintiff, on the 16th of April, and the matter
was investigated by Mr. Campbell, the country solicitor for
Oa Robert, and by Mr. Hawks, sad they were satisfied
that all was right, sad the cutting down continued. It
happened that Sir Robert appointed Mr. Davis his London
'solicitor, end Mr. Bush was named to act in the place of
Mr. Hawks, and alter this the plaintiff was charged with
lotting down trees which did not belong to him, and he
was prevented from continuing his operations, when at-
cordiag to his case, a great masher of trees is other lots,
besides those in lot 63, which belonged to him, had not been
cut. They even wait loped this, for the plaintiff was'
charged before the magistrates with stealing timber, but
this charge was dismissed. After this the plaiatillattenapted
to go upon the estate veils, to cut dews the remainder
of the trees, but he wee promisi arm doing
ao, and Amuse the puma mien tree brought.
Aeserdies Si the aMessemi ef the Alleassresserrel, the
limbs> had boss at hewn be eider Maim may tar which
1., Esher& bad used, fa einesignesee of hi barks been
engaged Si SW lemeasetlinge NA that
for seassion
for owe memo
_had Elmtimad Mc the Gantry
trelielter, mid had psi Ids Abbe Jahr Wok of Mr.
=who win it the Milt of Wk. la arse-
maths hese doled timbal the that he had
.'templed to keep his foremen lil grove, timed
Oatrees, est of the way, to afmlW promediage
lefts takes; sad a letter of Os *kW to Outran was
put wt. It was dated ie July, sad isatained this passage:
" You had better go over te Chesterfield and get
al! that timber in mediates, mid get it drawn to
the station at sue, sad then yen will be out of
the way." Timm were aim two letters from Outran
t, the p'siatiff, of which the following are the material
parts as far as they
_mold be read ; but from the chariots,
of the writing nobody could read it with tonality ; and
oven the writer, when subsequently called, was quite in.
competeet to dricipher it.
" Borough-waste, July, 1853.
" Ba,—l have set attended te your ceders this week,
sad I am sorry tosay,se then are two esecutiessout agaicat
sae ; and the pals and treuble of mind has teased nie to be
Ia bed two days. 1 went to Shiloh' to see the attorney,
bit he was dead ; bat if yen wish no to go ea with the
plan you woo to me sad me me • t ; seed me a letter
by voters of post sad 1 will go to Alseeprd as Moseley
mentleg, and tell Mists to Wares you Mae whale 'Barr.
If you don't write 1 shall go right of M a writ. I dare
net be sees. Please to write Si Pareesb-wasti, and direct
to Charles Outrage." The loiter then contained some state-
ments abmst other affairs.
" Derby, July 18, 1863.
. " Mr. Lewis,—! ebb& yen are making a fool of sae. but
you trust not, if yes de 1 shall make a
sort/ to bay the wordadtuteoverty and digress will soaks
• man speak his own boiNp. I ban tell you the sites-
tic.. that las is. Wyse deal mower une. Sir, there has
hese a gowdeme• hem Lemke at Thaw Abbott's, and
luquisites about the timber at Cllflea-greve, sad they are in
quest of me, and Mrs. Abbott told me that they would
tear open both William Vete and three others, sad they
wont me. Now, Mr. Lewis, if you do aot egad me the
money by rail tomorrow by eleven o'clock train, I shall
. . . You bate ruined no and my family and brought
us into more poverty thaa • pauper ow the parish, but,
after all, if you will forward se my own mosey I shall be
• fricial to you. But lam now lying in the fields, for
three misfits. My saes are wasting for breed. Now I
doll sot Write to you say more. I have bees a servant to
you, sad faithfully ; and if you be simmer, met as such."
Kr. Lewis, however, elated that the only reason for Out-
runs keeping out of the way was some County Court pro-
ceedings; and he ales stated that Outran had shies sued
him for upwards of 70f. It was also charged that the
plaintiff had conspired with Otit/agt sad Voce to get tram
to which he was not entitled. The price at which the
timber ism bought was about 2d. per lost, the value new
Pliftabout Is. 414., and the plaintiff said he had made a
bargain. He had sold about 400/, worth, and that at
on sow was worth 1,6001., but timber had been rising
is price ever Glace the purchase.
Mr. 8 rjeast Bytes then opened the defendant's ease,
and lie explained that the late Sir Jokes Clifton bad some
time ago placed 26,000/. in Mr. Davie's heads to settle the
defen&at's stairs, said so the defendant had become se-
qusisted with Mr. Davis; and, so far hem Mr. Davis
ageing superseded Mr. Campbell, that gentleman had been
appointees at Mr. Davis's suggestion. The timber bad not
Seen cut from await'', but because the estate was over-
!mown with timber. Of the WU, the purchase-money of
ate plaintiff 's lota only ten per cent had been paid in
them, and a note had been given for the remainder' and
ale note was sot yet due, and was still in Sir liobertClif-
lea's heeds. The Lot 48 contained 143 trees, but the per-
lea to whom the plaintiff had sold it bad ferried away 163
trees. The Lot 63 was advertised to contain " 832 trees
bland, standing ea the elope of Clifton grove to the river
Treat, sad • greet illiabu of poles crowed." Instead of
these them MI beim esd marked to be eat, 1,333 trees ,•
of this samba pshabllSO would be pole., but that would
lisslyal isissi at m. Re should call witnesses, and
M sr Mobs MN beim they had heard the case
through lbw would be et elision that the plea of fraud
lied boss sole
out by the defendant.
Iffe Mot Chita% was palled, and he esid—My father
died la Dossier, ISM sad Mr. Davis bad been employed by
• any father Si get Na• out otiose embarrassments. I was is
Paris at the time of the sale, and soon afterward/ one of my
tenant., sulked heals, wrote Mme about the felling of the
timber, and I wrote te Mr. Davis to come over to Paris. I
went to Clifton hall I. May, sad I found a quantity of very
large timber eat doers. Oa the flat there were the
larrst ash trees is the grove. I observed a great many
stools where trees had bees cut on the flat. I sent for
Hawks, and made inquiries, sad stopped the cutting down.
Cromexaminat -1 halusiae acquainted with Mr. Davis
about two years ego, whammy father placed a sum of money
la his hands to get me out of my difficulties, and he is now
about raising mosey for me. I gave instructions to
eat die timber, and there was an injunction to stop
the tutting of the timber. Mr. Reale I had put
ante a Sant but he bad previously had the care of a large
etud of home £r a gentleman. Mr. Davis recommended
Bub to se. _

--•
Mr. Devis—l am attorney for the defendant, and haws
been coacereed fee bite dace Jane, 1&51. After payment'
Of all charters us the estate there will be a very lug* inmate.
Megettatioas are_goiug on with as assurance °Mee to burrow
sumer to pay off all t harps. Tae timber on the estate is
Werth 60,fttl. or 031004. 1 went down to the hall with
Sir Reber:, sad I called ea Mr. Campbell and complained.
I directed Mr. Campbell to see that no more timber was
mooned, until he was satisiled himself that no wrong war
dine. enbeespiestly I inquired into the matter, and gave
ildelleme that as mom timber should be removed.
Clema-eusaissli—lir. Hawks ha. brought an action for
dellmodes me. The defendant's father put in say
bads to dear defendant of his liabilities. When
I i.ep.eted the pisoperty, 1 found so many trees =teeing
Arm the flat tbed I dealioed to have any more comatunica-
ties wish Hawke, as I intended to include him in
as iadictateat. I did not do so, for my counsel advised
that it weak& set be safe. The slander complataed of b
Hawks was, that I said, " Sir Robert charges you with
oembieing to rib hint."
Mr. Bash—l hare been as estate agent for 30 years. I
west dotes to the Clifton Rotate to soperiatend some drain-
lag. My attesting was directs(' to the timber a day or two
Wore the 20th May, and 1 went to inspect the timber which
bad been cut, with Sir R'ihert Clifton. We found a barge
leading with eery large ash, under the superiateadenee of
the plasma's Weikel/. flame of these trees would contain
100 feet of timber, sad I am positive ease sue trees had
be,. marked fee eaks. Not use tree was marked to be cut
Mew. on the fiat except net more than 30 rotten tree is
which the starlings had Wit. Oa this flat there had bee.
pt dews 145 trees. I ham made a calculation that
them trees sentaised 6,254 feet of timber, which
IlaMeded the cows trope or ciphers. Seventeen
Mess had steels of Wee feet or upwasds is
diameter. TIIIAMO were the stools of fuer true as the dope
whisk wen pointed eat to me by Outran,. The AM tree I
ealsolated to metals 90 feet, the second 90 fest, the third
110, the berth 93 feet. They were near the Treat side sod
woe* in such • pi_ritios that they shawl not have 'bees
cot. There wen 40 bused in another part of the revs,
sod use of Mem, 1 sketaid my, =retained 140 fest of timber.
Only three of these trees were blued before the sale.
have libeeelleed lad esanaised the trees felled, sad found
many wilds. Wan bees aally blued u trees, have
bow Mess immed se poles. Bome have been felled which
bed new boss marked at all, perhaps 10 sr 12. flome are
blamed lei MINI wittiest having bees membered. There is
• boil fAllennens wide►lt was Wed in fan leaf, centaur, to
11•11111.• Oat INA was not marked to be felled reviews to

tb sae, A. to L.,: 1., thrre were no large trees marked
.rt :bat lot ; trees enc...., than a° lot enntsited have been

t.r. I had nntierd two t.ln ash tries growing
1r in the same volt; cue was marked god one
.-- • iir t, but both have been taken. 1 saw in the river '
Trees s r umber of roots, which had been thrown into the '
owe!. In lot 53 there are 9"19 monis, and 541 trees stand.
inc. marked to came down, but trim the nature of the
ground, there must have been many knocked down, and so
there would be no stools left. I have calculated that
19,960 feet of timber had been taken. I went to end
U.-ram at Dort,.
Crawrexamined—At the auction nothing was said about
other trees being added. but it was said if the numbers were
wrong, as allowance should be made.
Mr. Hothinson, a land agent and farmer, hail been in-
structed to go to Clifton Grove and look at the timber
mark, d and at the stools. On the 29th September he went
there, and with respect to the flat, 147 trees had been taken
away, and he agreed with Mr. Bush as to the size and
Quantity. This witness also gave evidence as to a great
many other trees, some of which had been just blued as a
tree and of:trent& croined as a pole. Some of the trees
had been marked to stand, aid in some instances the paint
spot, which signifiid that the were to stand, had lases
erased. Nosy of the trees muted as poles were much too
large for poles, some of them containing as much as 30 or
40 feet of timber.
Joseph Outran—lulls:eh I was engaged about the trees
in Clifton Grove. There ware two persons named Preston
there, Voce and Hardstaff. Voce told the men which trees
to mark, and I kept an account of them, but Voce
kept none. Voce gave directions which trees to mark scribe
and cat down. Voce directed many trees te be cut dews
which bed not been marked. I remember &tree which was
marked to stand, and the plaintiff said, " We will have this
tree, take out the mark," and Henry Lewis eat out the
mark, and then by the plaintiff's direction I marked the
tree with ascribe. The tree might have from 90 to 100 feet
of timber in it. We then went to another elms tree and I cut
the mark off by plaintiff's direction. This tree was hardly
so large as the other. The plaintiff mid, "Damn it, you
have left the paint mark of the first tree at the foot of the
tree," where it had fallen, and I trod it into the earth.
These were the four trees spoken of which bad never been'
narked, and they were cut down. Lewis asked me if Voce
had kept an account, end I said "No," and the plaintiff
said ' Damn it, he must have an account or
there will be a row about it." I gave plaintiff
my account. The workmen were supplied with drink
which was charged to plaintiff. Voce and I lodged toge-
ther. Plated' said when I gave his the book that I
had better go away, or something would be said about
Voce and me drinking together so much. I went, and re-
turned 'gala on the Monday following, I used to play
at skittles with Voce and plaintiff's brother, and often at
night we went to Nottingham, and we generally came
beck la a cab. There was nobody to take care of the
timber but Voce. I lodged at Mr. Iliekling's, and I west
with plaintiff, hie brother, and Voce, is Hickling's trap
to Clifton Gam ; led it was on this occasion I trod the
mark into the . The order always was to get
away the big al3 I remember an American oak on the
Drift Hill met marked. Voce and the plaintiff were Mom
by it, and ems after It was marked. Voce afterwards said
it most not be token down, or there would be a row about
it. Plaintiff sham peunieed mammy, sad said ones he
would give me onemo in make me independent.
Cross exandashwMem I left the plaintiff, I claimed 741.
of him. Be had Ws awed, and he had heard that there
had been a proms eat spinet him for what he had dose
is Clifton Grove. He get nothing in answer to his letter
to the plaintiff, and then be wrote to Sir Robert Clifton.
Thomas Caylies—l was employed by the plaintiff to 'take
the timber from Clifton Grove in my barge. He wished
me M be quick, and it would be better both for me and for
him. I took away upwards of 200 tons, there being'
40 feet of timber to the ton. It was generally large timber.'
I took notes from the plaintiff to the lock-keeper et the'
weights of the timber. Them weights were much below
the real weight. I saw Voce drinking with the plaintiff,
sad I made the remark to Voce, " They are sweetening
year tea nicely, old fellow."
Steward Boswell, a boatman, said he had carried nine
Meade of timber from Clifton, each load containing 26 to 30
tome. The aim of the trees was front 20 to 50 feet.

William ii;k7r,lllilOekiiipe 7:itoreeltinethere had
through his lochs 548 toss of timber hest Mhos
Sirmot. The tickets sent to hits with the timber contained
about half the real weight.
Several other tritons's were 'remised as to the de*,
and their evidesce was to the effect that the timber add
wee of very isferior quaky to that takes away. Lord
Middleton's madam= said. hem looks at the stools, be
should say that meet the teem eestafsed as much as 170
Gate tinker. Lewd Maavuer ktediman said that the
plaintiff bad mimed timber of his lordship about the
time irtlsailer at the avenge pdat of is. • root. =sok=
',issue dot le bed Na ere plaktiff 's brother sad
Voce •• the mei= apes the trek.
Whoa the use bed Arland as far, the jury said they
did not AA le leer any mon .Mier.., for their =sae
were made ip defeadaat.
The Ausarresaszal. however, at great length, ad-
dressed the jury he the pieistlff bireply, sad called apes
them to be conk' M oweskiat the eaes thoroughly before
they came to a deities apes a =attar which involved the
plaintiff's chars/Mr le as sale= ea intent.
The Chief hedge kid, is emeales up,_ that the verdict
apes the fact saws mot be fur the d=sakat. as the cou-
nsel peeved did ass epee with the esatrest declared epos ;
and fst the OMNI apes the woad sod third keen Then
MOM SIM the k the New, was the eat-
trust male 1 ad out, wee the plaintiff guilty
of freed in ratting reirryky away the timber ?
The jury famed Mist the estereet was sot made la fraud,
but they were of *Mut thus the pialatif had bees guilty
I of fraud la oaks =A emayina away the timber.
The Mel was sesseaser ea Telky afternoce, mud wee
sot easeheled sotil nearly ewes o'clock this *viola'.

COURT OF
amp as aT PIM rare

•YSBTERDAT.
El I= CZIZIP WOW

and land in Devonshire, at Clifton, near Bristol, and
other plops; ships, policies of insurance, &c. Of the
unincumbered property, estimated at 80,7861, there is in
stores, stock, manufsc, tired suds, end materials of various
kin4s, 36.1011; plaut and machinery at Bridgwater and Bris-
tol, 9,651/. ; vessels, 5,8;01. ; contract with the Great J unc•
lion of France Railway Cunpany, sold to Josiah Wilkinson
and others, for 16,cUP1. ; household furniture, live and
dud farming stock, earns,* and horses, 2,4561.; cub,
2,3711. ; shares, in the York and North Midland Railway
Company, the Bristol Waterworks Company, a Fritsch
eml•mine, nine mining companies, the Royal Panopucon
of Science and Art, and several local companies in the west
of England, 2,2781. ; ad ,
°per Harriet, to Sidney,
sonsisting of corrugated iron, wines, &c., 2,0061.
gausgst the good debtors t' the estate appeal. the Emigra-
tion Commissioners for a balance of 3.0001. ; and the
Omat We Railway Company for 3,547/. The weeks
Jo peageees en the South Wale., the Oxford and Rugby, die
Bristol and Exeter, and the Vale of Reath Railways, sore
pat down at 46,750/. The largest bad debt is sr David Lou
pont Lewis, 42,0001. ; " it se not stated bow this debt
arose. Some heavy items appear ander the head of luso;
they comprise the following : Osiginal 501. Smith
Devon Railway glares fully paid (1,050 shares
sold for 51.), 47,250 L • Bartlett,loss on miaiag shares pus.
"hued of him, 45,0061. • dismounts an bill% ke. (two years).
$O,OOOl. ; plant, cat obis& 164111114 poem% value 9,8544
lose 28,7461. ; Oissuorgenehire and IlceeMatbhire Bask-
ing Company, cost of 200 Mare about 2,1011., since pad
by me on account of liabilities prior to tbegodeir of win
up 15,0001., total 17,0001. ; Holmes, lees an properties pur-
chased of him, 17,0001.; Swift, Ina in Inemeactions with
him, 16,3001. ; tron contracts, 22,5001.; Leargley Field iron
works, mortgage 15,0001., sold for 3,0111 e, less 12,00014
lose no mining shares 17,05719 the P.r!mdfol WIN bass
4,1201. on Cessandra mine, and 4,2t61. Bodatin Mom
ditto; South Wales Railway shame, met of NO shame
6,40001, sold for 3,2001. ; Tweedale Tile Company, 3,01110
South Devon half-shares, preference, 646 sham, cost 231.
each, sold for 151. each, loss 5,1601. ; law expenses, 3,1474.;
lots on 223 South Wales Railwey shares at 181. per sham
4,0141. • Great Western ordinary stork, taken in payment
of Windsor contract, 20,0001. sold at a lass of 4,1504.1
Clifton property, 2,5001. ; shares bought of Bwayne amt
Bova% 4,000 L ; Forest of Demme mine, 3,0001. . • meek
picture,
picture, 1,0001.; premiums paid en life insurances, 1,6884.;
Gerway home' 2,0001.; lose on three ships, 6,2004. ; by W.
Richardson, a bankrupt, 1,5001.
Mr. Lawmen, addressing the wart, said he appeared for
the bankrupt in this ease. This we. the sitting for the last
examination, and he believed there was no opposition to
Mr. Hennet's passing.
Mr. MtLsod (for the assignees)—We have no opposition
to offer.

Mr. Linklater, who appeared for certain creditors, con-
curred, - - - - •• • •

11Ir. Lawrence—l believe the process of realisation is
ring on most satisfactorily, with the assistance of Mr.
Bennet, and with the indefatigable assistance of our friend
Mr. Canaan ; and the result will be as satisfactory se we
anticipated, if not more so.
The Conuniesioser—The only thing distressing about it
is, that Mr. Rennet &odd have fallen Into such misfor-
tunes after having had so successful a career previously.
Kr. Lawrence—He has been tin architect of his own
fortunes, and he sees the supentructure fall scarcely by any
act of his own. Your Honour, I presume, will permit the
bankrupt to pass ; sad, perhaps, you will be good enough
to assn an early day for the certificate meeting.
The Commissioner—Will it be opposed ?
Mr. Lawrence—There may be opposition; but weans sot
aware that there will be.
The Commissioner—The earliest day on which it would
be heard would be the 13th of January. I don't think I
shall pledp myself to decide the matter earlier than the
week following. Put it down for Saturday, the 21st of
January, at 12.
Mr. Quilter—An audit meeting is appointed ; I ass
afraid we shall have nothing to audit; will your Honour
allow us to postpone it for • month ?
Mr. Caaaan (the *Metal assignee)—lt has not been ad.
mused. _ . .

--kr. 4:halter—Will you allow us to th another day when
we are ready ?
The Comakianar—Oh, certainly.

The isn't:rapt hes
F poise of
Fes en esaniestisn tb. enema this lugs failure
appeal a Wee ellen hen a span peened by the bank-
Mte anti diabdies by shoe sestemeless,:ef accepting shares
d the several impulse valet whoa he contracted in part
reseal fee the weeks le be peellerned. At the time of
the masa% the *era van probably at a premium ' • but
they abeam& balsas depresated, is sons instancesfroa
fate 70 per east. ; sal Kr. Rennet being obliged to pay
hie sub•contracton is fell, he neastanly fell into dial.

—Theis hu greedy been a dividend of 28.6 d. in the pound
paid of the estate, and another dividend of about the NW
wort is expected shortly tabs declared.

IN it TILOS.

This bankrupt wu also an extensive railway contractor.
Ha hal bailees been engaged in large contracts on the
Grimsby Gooks, the Bouthanmen Waterworks, and the
Leith leabser Winks. He is diestibed as " of Park-
etten, WoMminstee, oi emit Grimsby, and of Anton, in
Yorkshire, railway cestrutat„ and contractor for pablio
works, atone-merchant, shipownerealer and chairman,
Wright late iapartnership with Wm, and Wm. Brown,
andtrading at Great Genrebg, seder the arm of T. Hatch-
ings and Co., and at names, under the firm of W. Wright
sad Ca." This was the adjourned hat examination meeting.
The accounts is this ease have been prepared by Messrs.
Simmons and Co., of Oreeesharsh-street, and occupy no less
than Mos, though emending only from the 16th of De-
ember, 11162, tote, 30th August last. Subjoined is a copy
of the bemershost :

To creditors amused £53,966 18 3
To do. contracted since appointamnt of in-
spectors 25 15 0
To do. who have attached the amounts doe
oa the reopective works
To Baulth, Lbws, and Co., Linoola, holding
security
To surplus 16th December lut
To do. as per statement of affairs of Hutch-
ings, Brow■, and Wright 5,202 3 6

£83,664 9 3

By good debtors £8,498 12 4
Doubtful ditto 167 6 4
Bad ditto

Property
Amount reesiroble os sundry works 17,984 7 10
Ditto doubtful 3,068 5 4
Grimsby Docks' contract .... £23,762 1 10
Leo, claim t 9 Bodtb, Billiton
sad Co.

18,762 1 10
Plant, &e., 'Wasted to be
worth 12,000 0 0
30,762 1 10
Sonorities held by Smith, Ellison, and Co. .. 14,600 0 0
Personal and domestic expenses
Suspense aceintot 291 14 6
Profit and loss 1,641 12 5

£83,654 9 3

Of the 88 pages of the accounts, 33 are occupied with the
list of creditor.. The property consists of household furni-
ture, dike fixture,, le., a pile.iriving machine at Blackwell
some homers at Great Grimsby, shares in the (trim/by Fish-
ing Company, valued at 1,2001., end a bond for 1,0001. on
the Manchester, SheMsld, end Lincolnshire Railway.
Appended to the aecounts is a detailed statement of all
the works in whisk the bankrupt had been engaged, the
principal of which appears to have been the contract
for the formation of the new docks at Grimsby. We select
the following lumens :—" South Zooms Rebury, 6,1471. In
the spring of 1851, a project was set en hot le enclose cer-
tain lands on the coast of Ere; by s company to be formed
and to be called the South Been &twig Company. I
undertook to make the necessary application to parliament
for a bill authorising such Weimar% and to pay the preli-
minary engii.eering sad law expiable thereon; sad in the
event of the bill being obtaine and the company being
formed pungent thereto, then that the contract for the
works should be given to as. The bill has MANS been ob-
tained, bet the company ha. not yet been formed, we has
anythieg further been done ; bat I have no doubt that the
project will eventually be carried out, and that dam will
be realised to this estate a sum much meter than the pre-
sent expenditure, which in for expenses in obtaining the bill
and engineering charges 6,1471." The other works were
enumerated as follows :—Spurn Lighthouse works, 7004 ;
From*, Yeovil, and Weymouth Railway; Inverness Bridge
works, 2,3001.; flouthamptor Waterworks, 2,3481. ; Moray-
shire Railway, 1,0011.; Leith Harbour works, 4,6341. ;
Annan quarriev, 18,6M1. In reference to the Grimsby
Docks the following explanation was given :

This contract for slaking docks at Great
(Manley, wu taken in January, 18.51,
for the sun of £ 200,719 12 2
Reverse gate.
Cleo drains 8,600 0 0

Leaathealag ambles 8,200 0 0
Yremotiai 3.784 9 4
21,314 9 4
Wo•k performed by W. H. Mitchell aid
paid by T. Hatabiags mad Co Bl3 11 0
Animal of extra work as per sabodale

279,218 15 9
Loss, each resolved on so-
coast as' per certificates,
to 30th Sept. 1552 207,034 16 4
Mater&la purchased per
contract 39,736 13 7
Incomplete works Sept. 30,
1852, as calculated by Mr.
Cowley, eagiesor (ler
nationals on the pound
tumid by the company,
9,0004.)
2.50,456 13 11
28,762 1 10
(Subject to a claims of 10,0001., for which Messrs. Smith, El-
lison, and Co. hold security.)

.18 addition to this sus, I consider I
am entitled to a profit of 16 per cent. on the works execu-
ted by t►e mammy ; in the above calculation the amounts
estimated tocemplete, bete¢ taken at schedule prices. I
consider the plant now Ivo, at Grimsby, will realize to
this estate the tam et about 12,000 i."
Mr. Lawsuits waked that the bankrupt should peso; the
balases-eheete bad bees duly filed, and were satisfactory.

--Mr. L
course

The books bed all been kept by doable-entry, and the
bilence-shcet wu perfectly vouched.
Mr. Liiiklater sold be represented the 'slipup, who had
, no objection to the bankrupt passing his last examination.
The books had been well kept, and there woe no difficulty
at all u to the figures. There were one or two verbal
`alterations which the assignee* wished to be made with
reference to the claim of Messrs. Smith, Ellison, and Co.,
j so that neither party might he compromised.
His Honour asked who wanted the alteration made ?

Mr. Lieklater said it was rather the suggestion of the
official assignee; but, independently of that, he should
have made it on behalf of the assignees. There was a large
debt of about 30,0001 due to this estate from the Grimsby
Dock Company; on this debt Messrs. Smith, Ellisoo, acd
Co. claimed a lien to the extent of 14,4001., but the bank-
rupt eeetended that the lien, which was created by a letter
to his bankers, was only to the extent of 10,0001 It was
proposed to put a note on the balance-sheet to that effect.
His Honour said the bankrupt was at liberty to stoke
say statement he pleased as to what be suppmed to be his
rights ; but such statement could not affect Smith, EUison,
and Co. The assignees, however, might reasonably desire
such explanatory statement to appear, lest the creditors
should be misled as to the amount of assets.
Mr. Lawrence stoked his Honour to continue the allowance.
The Commissioner—What was the allowance ?
Mr. Lswrance-101. a week.
Mr. Linklater said the bankrupt had been most assiduous
in assisting the assignees.
Mr. Cannes, the of assignee, said his services would
be required for some time to come.
The Commissioner—That is a matter which must be left
with the assignees. It is a matter of common sense ; they
nut judge for themselves what is a reasonable price (or his
services. _ "' "-

your Honour will unction it, of

-Yes..

Mr. Lawrence then asked for the allowance of the *crone-
tant's bill-2501, out of the estate.
Mr. Linklater consented, on the part of the usigneu, and
the sum was ordered to be paid.
The certificate meeting was appointed for the same day
as that of Rennet, the 21st of January.
Mr. Yetts, on behalf of the directors of the Frame, Yeo-
vil, aid Weymouth Railway, tendered a proof for 1,0001. in
I respect of expenses inclitTa, at the bankrupt's request, in
obtaining the set and forming the ',papier. The Great
Western Railway Company had expended 700,0001. on the
hoe, when the Frome and Yeovil Company agreed to take
It off their hands and lease the line. Mr. Hutchings agreed
with this company to complete the line for 500,0001., and to
lease it en terms se as to pay 4 per cent. to the ober/holden.
A contraet was catered into, in January, 1852, by which
Mr. Hutchings undertook, in the event of the scheme prov-
ing abortive, to pay 1,0001. towards the expenses. The act
had been obtained, but the line was
operation ; consequently the present claim was made.
Mr. Linklater was willing to concede the right of proof
os condition of all other claims being abandoned.
The Commissioner—Row has the company proved
abortive ?

Mr. Yells stated that the requisite capital had not been
subscribed, sad the Great Western Company had again
taken possession ofthe line. The Yeovil Company had
expeaded as mach as 4,0001. in preliminary expenses, and
therefore sought to prove against Hatchings 's estate for the
1,0001. which In had contracted to pay.
His Honour sail it might appear that the contractor had
already paid as much as he had contracted to do. The
real question was, what were preliminary expenses /
Mr. Yetta.—Our cassis, that he has paid no expenses
within the meaning of the contract.
His Honour said, it was entirely a question of account
and of details.

maid if the directors had paid 3,0001.
or 4,0001., he would show that they had received 35,0001.,
se that they were not at all out of pocket.
Mr. Yette.—The whole amount received has been 1,7791.
for deposits.
The Cemakelester.—Have they returned any of this to
the shareholders ?

Mr. Yetta—They are desirous to do so.
The Commissioner—Bat are they not bound to do it ?
Mr. Linklater—Not at all. I will show that the parlia-
mentary contract in this ease was a mere delusion, as re-
garded the amount of capital. Some of the gentlemen now
claiming this money from us did not pay a farthing on their
shares. Of the 1,7701. in the hands of the promoters, 6251.
wee paid by Messes. Hutchings and Co., in respect of s
portion of the shares. For that amount Messrs. Hutchings
are entitled to credit towards the preliminary expenses.
Besides, I am prepared to show that the company did not
prove abortive; the set was obtained, and they were regu-
larly formed.
His Honour said the question was so complicated that be
could not now deal with it.

Mr. Tette said the act applied for was one to carry out
powers already in existence; consequently, the regular
amount of subscription was not required. The act prorid. d
that three.fifthe of the capital should be subscribed before
the works were proceeded with, and this was nut done
because the slutraholden had not confidence in Mr.
Hatchings.
Hu Honour said he would not go into that question.
Mr. Yetta said the result was that shares to the amount
of 35,5001. only haying been subscribed for, the company
became ebonies.
The

•I euppoes all the bankrupt paid to-
wards the preliminary expenses wee the deposit on his sham.
Mr. Lewrance mid there had been considerable further
payments.
&flora Conversation,
Hie Honour said he thought there was evidence that the
directors had paid about 4,0001. of preliminary expense;
and it would be for Mr. Hutchings to show that he had paid
I,OOW. of this, or what he had paid. The matter ought to
be path' the form of a declaration and a plea, in order that
►e might arrive at a correct conclusion upon it. Where
perms engaged m a project that mot involve a heavy ex-
penditure, they were not juatided in incurring expenses,
and charging them on the few who had subscribed. Be
the merits of the case what they would, they had not been
presented to him so as to Induce him to admit the proof.