The Express.
London, England, 1846-11-14 00:00:00

PALACE COURT:

Ma. RICKARD DONN ...OLIN.— Mr. Richard MUM,
the banister, whose name has lately figured so pro-
niinently in the legal intelligence of every metropolitan
newspaper, was summoned to a ppear before this court to-day
to show why he did not pay a debt of 161. 13s. 6d., with
61. 6s. Bd. costs, in compliance with an order of the court,
granted on the 30th of January last. The defendant was
sued at the instance of a Mrs. Susannah Smith, who alleged
the debt was due for board and lodging. The defendant was
summoned before the court on the 2.lth August last to show
why he did not pay, when he prayed the court to allow him
till the second court day in term to pay the whole of the debt
and costs. To-day he appeared and applied to Mr. liswlitt,
the prothonotary of the court, for an extension of the time,
as be was in expectation of receiving, in a few days, the sum
0[1991. under a& administration, and then be would pay the
debt forthwith. This was assented to, and the defendant
assured the prothonotary that he would pretty well kill or
smash him if anything were allowed to transpire in the
interim.

IN RE LEST Elt.-AD vicE.—This defendant was similarly
summoned, and a solicitor appeared in his behalf, who said he
had advised the defendant not to come to the court in answer
to the summons, considering that a legal representative
woulddo as well as personal attendance.—The Court: You
advised him to stay away, did you t—Solicitor : I did, my
lord.—The Court: Then it's a pity he had such a solicitor.
Your client stands committed for forty days for contempt of

COURT OF BANKRUPTCY.
Before Mr. Commissioner Shepherd.
IN RE THE LONDON AND BIRMINORAIS EXTENSION
LINE TO LEAMINOTON.—This was the day fixed for
the
court to decide whether a fiat could be issued against the
above company, u a dissolution of partnership, stated in
the London Gazette, and the ceasing to trade. His Honour
now decided that a fiat could not be issued.
Before Mr. Commissioner Fans.
IN RE WDOWALL AND BROWN, PRINTERS.—JVDO
MENT.—His Honour said—ln this case, the bankrupts apply
for their certificates, and Mr. Brown is not opposed. Ike
assignees do not object, but a creditor for 2131. does. lie
complains that the bankrupt has been guilty of reckless
trading, and of dealing in accommodation bills, and that
his personal expenses were excessive. On examining the
facts with regard to the accommodation bills, the case
dwindles down almost to nothing, for all that the bankrupt
did was, that he got sense personal frieuds of his to lead
him their Mime& It does not appear that he paid any-
thing for the accommodation, directly or indirectly,
ao that his creditors were in no way prejudiced,
except that holders of these accommodation bills might
have been induced, when taking them, to think that
they were regular trade bills. I admit that the
obtaining credit on such bills, without disclosing to the per-
sons taking them that they were not trade bills, is a commer-
cial offence, but I do not think that in connexion with the
other circumstances of this case it is of much weight. With
regard to the personal expenditure, it was certainly more
than it should have been. The excuse offered was that Mr.
M.Dowall had had a university education, had even obtained
honours, and was something more than a common printer ;
that he was a printer of classical works, works in Greek,
and that this brought him into connexion with persons of a
higher class in society, and that he pursued his business with
too little regard to questions of profit and loss, and too much
to the fineness and finish of his productions, and that thus
he was led into carelessness, not merely as regarded the ques-
tion of profit and loss, but also as regarded the amount of
his expenditure. I cannot exempt him from blame as to
these matters, for certainly it is the bounden duty of every
man in business to know what his profits are, and
he should not live beyond them. Upon this point
the bankrupt had undoubtedly been very careless.
The great question however is, whether the bankrupt has
been guilty of reckless tracing: whether he continued to
trade long alter the most sanguine man musohave despaired
of ultimate success. I say the most sanguine man, because I
will never condemn aperson in business for struggling against
adverse circumstances as long as the creditors will allow by
their acquiescence. Now, in this case, the bankrupt was pos-
sessed of a very valuable property, consisting of the
machinery of a printing-office, worked by steam, and a vast
quantity of other materials, including a quantity of Greek
type, which cost him ss. a pound. It had cost not less than
12,0001. His sales in the last four years had been 39,669/.
It is true that his outgoings were heavy, so much so that
he made very little profit; still his business was a large and in-
creasing one, and he, if a sanguine man, might have hoped to
have struggled through his difficulties. His creditors did
not press him. Bankruptcy he knew would involve all the
looses inseparable from a forced sale. In this case, under a
forced sale, property which cost him 12,0001. has been sold
for less than 5,0001. Type which was bought at 55., has
been sold ut 4d. Under all the circumstances, admitting
the bankrupt's errors but setting against them that, as soon
as his creditors pressed, he yielded and submitted to bank-
ruptcy, that he has not preferred any one creditor to
another,—that be has given up all his property for equal
distribution ; that the assignees, nor any creditor but one
comes forward to complain, and that his bankruptcy must
in itself be a cause of severe suffering to him, I think I
may, without wronging the public, grant this gentleman
his certificate at once, though his family expenses have
certainly been excessive.