The Express.
London, England, 1853-05-20 00:00:00

THE EXPRESS, FRIDAY EVENING, MAY 20, 1853.

fLab3 llntelltatnce.

COURT OF BANKRUPTCY.—YEarzaDst.
Sams Xe. Coususesousa Gootausix.
Ist Its SCARIDOZ.—CABE OF A Hones DE-UAL—FIo. I
TITIOUG JUDOMINT.
The bankrupt was a horse dealer, of the Harrow-road,
Paddington. The hearing of the case commenced last
' week, and the particulars were fully reported in tie
Ezpress at the time.
The examination was now proceeded with; and after
hearing Mr. Surgood for the uppesition, and Mr. Liwrauce
for the bankrupt,
His Honour said this was one of a class of cases which
placed the court in a somewhat troublesome position, by
calling upon it to decide whether a bankrupt had made a
full disclosure of hie estate and effects. In practice it had
been found indispensable to relax the rule, In the case of
persons having so little education, or being naturally so dull
and stupid,phet they were incapable of dealing with accounts
aad figures. The court was consequently obliged to in-
quire whethcr the account was the best the man could
render—in short, whether lie had told the truth to the best
of his knowledge, or was he keeping anything back. here,
only two creditors had proved—one, a Mr. Jones, wises°
occupation it was to discount bills at any rate which would
answer his purpose, which the legislature gave him a clear
right to do. The other creditor, Mr. Banco, bad clearly
given consideration for his debt. Allowance had been
claimed for the bankrupt on the ground of his being an
ignorant and uneducated man; but, looking at his letters,
they did not show him to be at all deficient in education.
The Bankrupt—Those were written by my wife.
His Honour said the writing was very like that of the
bankrupt, at any rate. The dealings of this man had been
on a very considerable scale, and he could not bo regarded
as either dull or illiterate. It was true that persons
who dealt in money were generally ver7 clever
and astute; they were necessarily so, otherwise they
would soon come to that court on their own behalf, and he
did not think that horse dealers generally were persons of
such great stupidity that they must necessarily be rubbed if
they come near a dealer in money. In this case, the bank-
rupt had filed two accounts, inconsistent with each other;
but some allowance was to be made from different account-
ants having been employed. The principal question arose
on the item ul 2501, said to have been borrowed from his
brother on the Bth January, 18.52. This appeared in both
balance sheets: in the first, as kis only capital; in the
second, in addition to another capital of 1241. It was
urged by Mr. Lawrence, as a proof of the loan having been
made, that immediately afterwards he made large pur-
chases at Wolverhampton, Reading. and Birmingham fairs;
but it was singular that no mention of these tranactions
was made in the tint balance sheet. The court could not
wholly discard and throw over this first balance sheet,
even were it a question of life and death. But
these purchases were not vouched ; and the ac-
count altogether was not such a full eiaelosure as the
court could credit. The few I produced as the bank-
rupee only books were full of inaccuracies • and the inevit-
able conclusion was that he had kept another book, which
some of the witnesses said they had seen repeatedly. As to
the loan, the court did not believe it, but thought it a de-
liberate contrivance of the bankrupt and his brother to
place that amount out of the rtach of the creditors. The
brother had been a very short time in business on his own
account ; and he gave a very curious statem.nt of the way
is which he kept this money—at the bottom of a chest,
loose, amongst his clothes. The only sort of voucher for it
was a memorandum in pencil, on a piece of ass's skin :
" Vsl., 2501., Bth January, 18.52." It was said there was
an I 0 V, which was destroyed. When the money was re-
paid, however, a receipt was given in the most regular and
methodical manner. They were anxious to vouch that
fact, as insolvency was impending; but the precision and
accuracy were on the wrong side. The court could not be-
lieve this to be a true and lull disclosure of the bankrupt's
estate and effows, and must, therefore, adjourn the exami-
nation sine die. .

Mr. Lawrence asked tor protection.
His Honour granted protection for a month, observing
that that would enable the bankrupt to take another opi-
nion U he were advised so to do.

LONDON AND SOUTH

t'S RAILWAY.

Yesterday a special meeting of this company was
held at the Assembly Rooms, York-road, Lambeth, to con-
sider the propriety of promoting the continuance of the
railway from Dorchester to Exeter ; and also to consider a
but for amending 'he acts passed for the canstruction of
the Basinastuke and Salisbury line; the Hoc Mr. Seim
in the chair.
Mr. Citustatt, the secretary, read the notice convening
the ineetaig, sod the report, un abstract of which has al-
ready appeared, was taken as reed.
Mr. EDWARDS protested against the legality of the pro-
ceedings, suu cr uten led that Mr. Kay ought to take h:s
seat at the board.
The CHAIRMAN said the first business they would pro-
ceed with was the consideration of the bill fur the amend-
ment of the acts relating to the Basiagstoke and Salisbury
line.
Mr. Bincitax, the solicitor, read the heads of the bill,
and stated that the object cf it was to extend the time for
the purchase of lands and completion of works; and as
there was same doubt with reference to the application of
the new standing order to that bill, respecting the payment
of dividend to the ordinary shareholders, after the expira-
tion of three years, in case the line may not be completed,
they had prepared one bill (B) with the clause inserted,
and the ether without it (A). In order to save the time
of the proprietors, both would be submitted for adoption, in
order to meet the requirements of parliament.
In reply to questions, it was stated that the capital for
the completion of the Basiaestoke and Salisbury line would
be raised by culls on the al. and 40f. shares, and would
amount to 300,0001.
The bills A and B, as submitted, were then approved of,
subject to such alteration as parliament may deem neces-
sary; and the meeting, at its rising, was named to be
adjourned to Friday, the 3rd of June, at the offices, York-
road, Lambeth, for the further consideration of the bill, if
necessary.
A long discussion took place upon the report of the di-
rectors, which was ultimately adopted; and resolutions were
passed specifjing that the interests of the company required
the making of every exertion to procure the rejectioa of the
Dorset and Devon bill, and the extension of the existing
line from Dorchester to Bridport and Exeter; authorising
the directors to t eke the necessary steps to supply the dis-
trict in question with the least possible delay ; the nem.
sary capital to be raised by the compaay, and not by inde-
pendent parties for carrying out tho-os objects.
A vote of thanks was then passed to the chairman and
directors.

On the motion of Mr. Hurcitins, M.P., the matter
relating to the course adopted by Mr. Mortimer was brought
under a short discussion, in the course of which it was
hoped that matters would go on at the beard more har-
moniously in future, but no resolution was come to, and
the meeting separated.