The Express.
London, England, 1848-07-01 00:00:00

COUILT OF_EXCH EQUER:

Niat Prima, Westonneter.—elelßefore the Lord Chief Baron and a
nye Jury.
ALBANO V. DV/M.—LIABILITY .01, A PROVISIONAL
COIIIIITTRE'MAN —Titis cue, whisk was partly heard on
Thursday, aas an action to recover the sum of 3,3211. Os. 9d
for work dons by the plaintiff as an engineer and surveyor,
in 1845, on the projected Oxford, Witney, Cheltenham, and
Gloucester Independent, sad Oxford, Wither, Cheltenham,
and Gloucester Independent Extension railways. The de-
fendant, Sir James Duke, wassued as a member of the pre-
visional committee.—The Aistorney•General, with whom
were Mr. Pocock and Mr. Webster, stated the plaintiff's
ease, whit* was substantially this :—Mr. Nicholson, CH ,
of Newcastle-nPon-Tyne, was originally appointed en.
gineer to the company, but being resident at so great a
distance it was auggested that some other gentleman should
be appointed conjointly, and accordingly the plaintiff was
engaged by the committee, and Mr. Nicholson was re-
quested to act with him. The plaintiff, it appeared,
had been originally engaged at the rate of five
guineas per diem, bat finding that be received
little assistance front his colleague, and u there was
a great demand for engineers at the time, and be had many
advantageous offers, in writing to the committee for a pay-
ment to account, he oin'red to devote his entire services to
the company, In considers:ion of the sum of 10 guineas a
day till the paining of the bill by the House of Com-
mons. Various payments woe made to account, and,
as he was instructed to praised with the lines, he con-
Maned that the committee bad :mead to his terms '
et reinanerstion. These wen the main We of the case. I

COURT OF BANKRUPTCY.
Before Mr. Commiwnoaer Fine.
Re LACKEHATEIN AND CRAIL B. —Lackerstein and Crake,
East India merchants, of hloorgate-atreet, applied for their
certificates. The items of their balance-sheet, which are
consi Arable, appeared in the Express on the occasion of
their last examination.—Mr. Dickson, for the a•signees,
offered no opposition to the certificates, the application fur
which was supporttd by Mr. Lawranee.—Mr. Roy, on behalf
of the London and Westminster Bank, who an creditors
for 3,0001., asked for a postponement, in order to give an op
portunlty of further investigating the accounts, orticulerly
as to the capital represented as having be n brought into
the concern by Mr. Ctak:, and as to rime bill transactions.—
After a conversation the adjournment was consented to, and
the 12th of July was fixed on for the applicati,n ; a private
meetiag to be hi lil in the meantime (the sth of July), for
investigating the mitten of account alluded to.

Before Mr. Commissioner Fontil.cme.
VaLVI OP LITERARY PRoPEßTY.—Charles Roweroll,
bookseller, came up by adjournmeat for his lost examina-
tion. At the form, r meeting the commissioner had objected to
en item in the balance sheet, being the estimated value of the
copyright of some works written by the bankrupt, one of
which bad the attractive title of "Fanny, the Little Mil-
liner." Tne balance sheet had been amended, by the omis-
sion of this item from the list of available assets ; and the
bankrupt passed his lust examination without opposki,n.
His debts are small in amount, and it is thought a tolerable
dividend will be realised.
Before Mr Come
THY SALIATIVRY
the adjourned last examinatini
bankers, of Salisbury. The jui
as amended, were as follows :
Joint balance-sheet, from Mt -
De.

To creditors if 109,114
annuity creditor 1,662
notes in cireuletion 2J,335
profit 10.550
capital of W.l3.Brodie 23,003
do. C. O. Brodie O9

Ci68,3G5
To eMatraa: blia""thuig%Vii.l
4773
capital 17,166
=lei 407
t 10 pay 1,03
prolils 11,099

&rimer Evans.
hit was the day appointed for
of W. B. ana C. 0. Brodie,
it and se' arate balance-sheets,

try, 1843, to tat November, 1817 :
Cm
By deficiency Jan. t, 1843.C549137
debts, est/mated et 43,712
property
ditto, in lands of
WB-
hems :me Co. 20,314
Wee on realised debts

17;c1;rOpensit;
the flat
awoul.L.Lutical to Lh•

arced el partneri (1,106
balance

/168,36:i
Brodie, ter the same petiol :
Ity property.. C1,611
lesson reslainig diUo 507
-- expenses
amount xdm team late

ind
Gregor, 1,177
,' ...
amount to the credit

of bank account
ditto of atationery do 17,111
liabilities
mortgage under mar-
-1 ago settlement 209
bad debts and balance 73

/NeXT
The bankrupts were supported by Mr. Lawrence; Mr.
Paine, on behalf of the assignees, offered no opposition to
the bankrupts' paasing.—Mr. Squsrey, the attorney at Solis-
bury, sail the assircees had had very little time to go
through the accounts, but looking to the charge', r of the
party who had prepared them, and to the accounts them-
selves, they considered them satisractory.—Mr. Lawrence
said they had deen framed from toe books, and there was no
estimate of imagination at all. They we re all facts. The
bankrupts then passed, and the 27th of July was fixed (or
the certificate meeting. Several proofs of debt were ten-
dered; amongst them was one for 3811. by the directors of
the London and South-Western lt,ilwsy Company, which
arose in this way. On the day before the stoppage, the
company having a balance of about 1,8001. at the bank,
drew a cheque for the whole, and sent dowu their secretary
to receive it. He arrived au hour after the hank had closed,
but obtained, at Mr. Brodie's residence, 1,4001. in ce-h and
4001. in notes. It afterwards turned out that the
balance due to the company tam about 201 lees then
the amount they had drawn for ; they therefore
sought now to prove on the notes for 3814
Mr. Aldam, for the company, said the transaction had
been perfectly in the course of business; and if it bad been
done in consequence of rumour, that was owing to the seal of
the company's treasurer, who was a most able officer, and
was not at all attributable to the directors.—Mr. W. B.
Brudie, in answer to questions from Mr. Squarey, said the
cheque was cashed oa the 28th Oct.' about twenty minutes
er half-past five. It was brought to his house by Mr. Alfred
Morgan, the treasurer, who said the company wee very poor,
and wanted some money on the traffic account. Witness
told him th ) hank was closed, but offered to go and get him
the money if the clerks were not all gone. This was done,
and 1,4001. was given Mr. Morgan in cash, and 4001. in 201.
notes. The next day they received intelligence that their
banker had refused payment for them on that day (the2Bol),
before noon. On e same day a transfer was mule to the
company at the bank of Williams, Deacon, and C
Commissioner, after looking at the cheque, admitted the
proof.—None of the other proofs involved any question of
interest.

.C 46,337