The Express.
London, England, 1851-05-30 00:00:00

THE EXPRESS,- FRIDAY EVENING, MAY 30, 1851.

share of the assets he must release his debtor. But the
Consolidation Act conferred on the creditor such large sad
extensive powers, that the court, if he might so express
himself, ought to catch at anythlui.: that would enable them
to give the act a liberal construction. This process
he considered issued from this codrt. By ai process entirely
new a certificate was applied fur and granted to the party
who had proved his debt, upon which certificate the debtor
might be arrestod. It was true there was the process of a
superior court intervening; but the original missing canes
against the debtor was in fact derived from this court.
Ile thought the court, when tho bankrupt had undergone
the full period of imprisonment, ought to interfere for his
liberation and in that opinion he was supported by the
words of ir. Justice Patteson, who thought the recent act,
12 & 13 Vic., c. 106, transferred all questions relating to
bankrupt's discharge to the Bankruptcy Court. For
these reason. he and his brother Holroyd thought
that the order prayed for ought to issue. No in-
justice would thereby be done; because if the teink-
rupt did not render an account the court had power to com-
pel him to do so, by re-committing him. If this man did
not render a full and true account to his assignees in a rea-
sonable time, an order to that effect would be made. Under
all the circumstances he thought it right to sign an order
for the discharge of the bankrupt from custody.
In ix FREDINNICK.
This was an adjourned meeting for the last examination
in the case of R. Frixlinniek, described as a mining agent of
Threadneedle-street. From the accounts filed previous to
the last meeting, prepared by Messrs. Harding and Pullein.
of Gresham-street, it appeared that the bankrupt owed
4,1731. to unsecured creditors and 4,1481. to liability cre-
ditors; to meet which his assets were returned at 4,2771.
Mr. Lawrence, who appeared for the bankrupt, said
there was a negotiation in progress for a supersedeas, which
had proceeded to a considerable extent. At the last meet-
ing, certain requisitions had been presented to the bankrupt
by the assignees; but as he hoped to supersede, and pay the
creditors Ns. in the pound, he had not prepared answers to
those requisition.. They, therefore, proposed to take a
short adjournment.
Mr. Sidney, tor the assignees, said the requisitions had
been presented about a month or five weeks ago, since
which time the bankrupt had been in negotiation for a
supersedeas.
The Commissioner—With or without your knowledge
and approbation ?
Mr. Sidney said it was certainly not without the know-
ledge of the assignees, and they should have been very glad
if it had been carried out. So the matter rested at present.
The Commissioner—ls that the reason why he has not
answered the requisition.?
Mr. Sidney—l think it is.
the Commissioner—lt, with the full knowledge of the
assignees, the bankrupt has been making. a proposition
which they do not consider to be a mere evasion, but a tuna
tide proposal, I think that may be a reason fur his not
answering the requisitions. •
Mr. Sidney—We believe that it is his intention to super-
sede if he can.
't he Con missioner—Then we bad better let the case stand
over.

Mr. Manders, who claimed to be a creditor, said he
wished to prove on the estate of this bankrupt for 268/a as
the consideration money for the transfer of eleven shares in
a mine called the Llyant consols, in the county of Cornwall.
Mr. Lawrence objected to the proof, on the ground that
the bankrupt was not liable.
Mr. Sidney also objected to the proof.
Mr. Handers was examined. lie said this claim arose
out of a single transaction. He happened to hold 16 shares
in the Llyant Mine, by which he was a great sufferer. lie
called on the bankrupt fur advice, who said he thought he
could sell him the shares, and spoke of two or three other
mines in which he could let him have shares. He was not
in trade, but was in the employ of government, in the Por-
tuguese legation. At the hankrupt'srequest he signed a paper
called " a notice of transfer," a printed paper. He said it
was necessary for him townie to Cornwall for information.
Witness called neat day, and wished the transaction to be
cancelled ; bankrupt promised that it should be so, but had
never given up the paper. He had still in his possession
the original document, stating that be was the poasersor of
so many shares. What he called a notice of transfer turned
out to be an actual transfer. He had the original shares at
home.
His Honour said he must see those sham before he ad-
mitted the proof. lie would, however, allow a claim to be
entered, and at the next meeting the creditor must come
prepared to prove the facts he had stated.
Mr. Thomas, who supported the proof, Raid it appeared
the bankrupt, after getting the transfer, had dealt with
these shares as though they were his own. It was cus-
tomary, on these transfers being presented to the bursar of
the nnue, for the parties to be allowed to deal with the
shares.
Mr. Lawrence said he did not admit the statement or the
facts as proved by the witnesses.
His Honour said that no injustice could arise from the
delay; but probably, in the anticipation of a supersedeas,
there would be no objection to a claim being entered.
The bankrupt being examined, said he remembered Mr.
Menders calling about the sale of the eleven shares in ques-
tion; it was about the llth of December, 18.50. lie stated
that ho should be glad to get rid of them at a mere nominal
figure, or would exchange them fur shares on which there
were not such frequent calls. Witness recommended
Wheal Harriet shares to him. Ile wanted a little money
to meet a bill. Ile handed witness a transfer of the
Llyant Consols, and received in return a transfer of
the other shares—thirty-five shares in the Wheal Harriet
Mine. Witness asked him if there were any calls due on
his shares ; he said 451. was so due ; he afterwards found
that SW. was due, and also a bill in circulation. The bursar
would not pay the shares unless he had a guarantee for the
payment of the bill. When Mr. Manders first called, wit-
nets told him he would not get immediate cash for the
shares ; he replied that he was anxious to dispose of them,
as he could not pay the calls. They talked over the sub-
ject, and witness then proposed an exchange for Wheal
Harriet Anna, to which he consented, as there would be no
calls made on them for some time. Ile then executed a
transfer of the Llyant shares. Ile afterwards said that .4.1/.
was due for calls on those shares. Witness agreed :to pay
that, and hand a cheque for 201. 12s. Gd. on the transfer
being duly registered by the bursar. The bursar wrote
back that 88!. was due as calls on the sharse, besides a bill
of about 60/. for which the acceptor of the shares had ren-
dered himself liable; and that, till the calls in arrear were
paid, he would not transfer the shares. He communicated
by letter with Mr. Menders. The market value of the Llyant
shares was 181. or 201. It was arranged that witness should
give him 37 Wheal Harriet shares, pay the calls
on the Llyant shares, and pay him a balance of 201. 128.6 d.
That was on the calculation that the arrears were only
411., but they turned out to be SIM, with the bill of about
601. for previous calls. Those two sums much more than
exhausted the balance of 201. 12s. &i. The transaction was
entered in his ledger. He debited Mr. ?dander' with 37
Wheal Harriet shares and commission, making 2101.75.64.,
and credited him by 11 Llyant Consols 265/., leaving a ba-
lance in his favour of 541. 12s. 61., out of which he badge,
pay the 44/. call, and hand him a cheque for 101. 12s. 6d.,
the balance of the account. When Menders came again,
told him that more was due on the share than he had
Mated, and that he should not inflater the 37 Wheal
Harriets in his name until he had paid the balance. He
then agreed to sell witness four more Llyant shares for 721.
The transfer of these shares was forwarded to the bursar,
who answered that Mr. Menden had no such shares in the
mine. Witness gave him the option of re-purchasing these
shares at the same price. Witness had the full benefit of
the eleven sharer, and dealt with them as his own property.
He was prepared to transfer the Wheal Harriet shares as
soon as Mr. Menders paid the balance. The acceptance of
those shares was amongst his papers.
Mr. Menders said he might keep the transfer of those
shares till he sent down to the bursar. Had Mr. Menders
paid the balance due from him at any moment before the
bankruptcy, witness would have handed him over the
Wheal Harriet shares. Some of them had since been regis-
tered in the name of Mr. Boudield, his clerk.
Cram-examined by Mr. Thomas—He had a great many
blank transfers in his office, to be used as matelot' required.
Those Wheat Harriet shares were not of that kind. He
paid 60/. on account of calls on those shares; he paid it on
account of Mr. Hallett, giving him credit in account forKo.,
the balance of calls due, but had never directly tendered
him the shares.
After a conversation, it was agreed that the considera-
tion of the claim should be adjourned, the bankrupt agree-
ing not to apply for a aupersedeu until the validity of the
claim was determined.
Tho matter was adjourned till the 21st of June, it being
understood that other disputed claims would then be /ATV).
tigated.

SURREY SESSIONS.-YEgTERDAY.

Btroas TECOUS P.:COLO. DO., WAD A WGI.I. BLOOM or KAOSMATIII.

REMOVING RAILWAY DANORN SIGNALS.
James Crawford, a young man connected with a family
of some distinction, residing at Norwood, was charged with
removing and throwing away two danger signals attached
to a railway train on the London and South Coast Railway,
thereby endangering the lives of the public.
The prisoner pleaded guilty.
On Friday evening last, the 23rd inst., at 45 minutes
9 o'clock, a passenger train arrived at New Cross from.
Epsom, and that being the "Oaks" day, a vast amount of
people were in the carriage. When at New Cross one of
the company's officers examined the lamps containing the
red safety lights, which were fixed to the last carriage to
prevent any train following from running into them. In
that carriage was the prisoner and two other young men,
and in the next carriage fortunately were two of the
company's guards, who had been relieved from
duty, and were returning to London to go home.
, After the train had left New Cross and about
a mile and three-quarters from the London-bridge
terminus, Legg, one of the guards, saw one of the persons
in the last carnage put his hands over the back, take of one
of the signal lamp and throw it down the embankment of
the railway. Legg had a light with him, which he turned
on, and distinguished the prisoner as the party. He conse-
quently called the attention of the other guard to the tin
cumstance, and on proceeding a little further, be saw the
prisoner take of the other signal, and throw that over the
parapet near the Greenwich junction. The train there-
fore proceeded the remainder of the journey, at great risk,
without the safety lamps. This was on the " Oaks " day,
and a great number of people were coming from the races,
and had the train come up more rapidly:twhind, it must have
run into the one in which the prisoner was, thereby causing
great sacrifice of life. The train, however, stopped at the
ticket station, when Legg got out, and locked the other
guard in the prisoner's carriage, while he went and in
formed the inspector, who returned with him, and gave
him into custody.
Mr. Robinson addressed the beach in mitigation of
punishment, urging the youth of the prisoner, who was the
wen foe liquor. It was 'foolish, but ant a amillobaus, act ;

the prisoner's own safety was bound up with that of his

The Chairman and magistrates retired for a few
minutes to consider their judgment, and on their return
the chairman informed tho prisoner that they had eare•
fully deliberated a, to what punishment they ought to
inflict on him for such an :outrageous act. It was
either reckless fully or diabolical wickedness. He was a
young man in a high station of life, but that made his eon-
duet mon blameable, and nothing could excuse such danger-
ous conduct on his part. Had not he been seen by the
guards to commit the act, most likely the following
train would have run into the one he was in, and not only
his life been sacrificed but a vast number of others. It was
the imperative duty of the bench to make an example of
him, but the court would not go to it.; greatest extent in
punishing him. They must, however, be very serer as a
warning to others ; consequently, the sentence of the court
was, that he be imprisoned for nine months in Brixton
House of Correction with hard labour. The sentence seemed
to greatly surprise the prisoner and his friends, who con-
fidently relied on a penalty being inflicted.