The Express.
London, England, 1847-01-14 00:00:00

COURT OF REVIEW.

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ET PARTS DOWNES RE GAMBETT.—CIIANGING TENS!
or FIAT.—The petitioners claimed to be creditors of the
bankrupt, and sought to have the venue of the fiat changed
from London to Birmingham. The flat had been opened,
and assignees had been chosen. It appeared that the bank-
rupt had carried on business at Wellington, in Shropshire,
in partnership with a Mr. Dulling, as attornies. In August,
1846, thls partnership was dissolved, and the bankrupt came
to London. In September, 1846, the fiat issued against
him, by the description of " Edmund Oarbett, late of Bond-
court, in the city of London, and of Wellington, Salop."
In support of the petition, it was sworn that out of 150, the
whole number of creditors, 94 resided in the Birmingham
district; and that of 889, the number of debtors to the
estate, 18 only resided in the London district. The
whole debts amounted to 43,574!. 75., and the assets
to 6,4901. se. sd. It was also stated that a con-
siderable number of the creditors residing in the town,
where the bankrupt carried on business, and who ought to
have an opportunity of opposing the certificate were persons
ia such circumstances as would prevent their coming to
London for that purpose. The estate of the bankrupt was
further stated to be intimately connected with other bank-
rupt estates, in the course of administration at Birmingham,
and this was relied upon as an additional reason for changing
the venue. The case, which, under ordinary circumstances,
would have boen an application occupying but • short por-
tion of the time of the court, took up the greater part of
the day, the affidavits going at great length into personal
charges; and the solicitor for the petition being the bank-
rupt's former partner. Mr. Dulling, who, it was alleged,
bad agreed to indemnify the petitioners, and whose object
was stated to be to prevent his former partner from again
practising. in Wellington.—Mr. Russell and Mr. Okue
appeared in support of the petition. Mr. Swanton and Mr.
E. James who were to have opposed it were stopped by the
court.
The Chief Judge said it was originally right that the flat
should be, and it was now right, under all the circumstances
of the case, that it should continue, a London fiat. The bur-
den of proof lay on those who sought its removal. Now it
was not enough for this purpose that some inconvenience
was sustained by • certain class of individuals, by the flat
being prosecuted in the court to which it was directed.
There must be some grave and preponderating reason for a
change of the venue. The petition must be dismissed, with
costs, those of the bankrupt not to exceed 1101.
ET PARTE Deisillo, RS CRAMP TRADING AS A COW-
Reel...Ea.—This was the petition of an execution creditor to
annul the flat for (among other grounds) a want of trading.
The flat was sued out by the bankrupt himself, who was a
farmer in the late of Thanet, and whose farm conristed of
104 acres lying between Margate and Broaistairs. In sup-
port of the fiat the affidavits stated that the whole of the
farm had originally been cultivated as arable land, but that
for the last five years two acres had been converted into pas-
ture for the purpose of keeping four Alderney cows, and
selling the milk.—The Chief Judge said, although
the now set specified cowkeepers as persons liable
to the bankrupt laws, it did not, of course, mean to in-
clude all persons who kept cows. A Cheshire farmer,
whose profits arose from the cheese produced in his dairy,
would not, his honour apprehended, be a cowkeeper, so as
to be subject to the bankrupt law. The bankrupt here was
a farmer and kept cows, but was not a cowkeeper within
the meaning of the act. The flat must be annulled.

COURT OF BANKRUPTCY.
Before Mr. Commissioner Holroyd.
THE ITALIAN OPERA Hovey—Thit was the day fixed
for the audit meeting of the Messrs. Chambers. The bank- I
rupta were the well-known proprietors of the Italian Opera
House, end the proceedings in whose case have been fully
reported from time to time as they occurred.—Mr. Espin, of
Lincoln's-inn, solicitor to the assignees and fist, said: A divi-
dend meeting will take place on the 19th instant, and a great
many creditors have not yet proved their debts—the fiat was
issued about 20 years since—and therefore have no doubt for-
gotten that any debt was due to them. Now, as the gentle-
men of the press are here, perhaps they will be kind enough
to mention this meeting, in order that the creditors who
have forgotten to prove will not be shut out of the ad-
vantage of proving. Mr. Commissioner Holroyd :
suppose the meeting has been advertised? Mr. Espin:
Yes • but it is not every person who read, the
Gar4;tte. The debts already proved are about 220.0001, and
about 20,0001. is still unproved. A dividend of 9s. in the
pound has been paid. The next will be about 4s. in the
pound, and a further one, making altogether about 16s. in
the pound, will be paid.