The Express.
London, England, 1853-04-18 00:00:00

THE EXPRESS, MONDAY EVENING, APRIL 18, 1853.

to Lave ported her helm, instead of which she bad star-
boa•ded it, and hence the collision which had mum&
0.1 the other stile it was pleaded that the Two Sister, had
vilsen the usual course, uaincly, the south pasesge, and that
the accidsnt had result..il from the Sampson I.l4siug cased i
off her steam and thus allowed the Streenthath to dritt
sesinst the brig.
Des. Addams and Twins appeared for the vend proceed-
ing, and
Dr. Lushington having briefly consulted with the Trinity
Masters by whom ho was I,4,isted, said that the court would
not trouble the learned IIIiVOC.IIO who had been retained
for the defence. The steamer ought to have ascertained
whether any vessels were about to enter the harbour before
she had leb it, and he must therefore prouounce against the
damage, with costs.

COURT OF BANKRUPTCY.-SATURDAY.
Hatoln Ma. Commismosse rum.

Ix RE IlExxcr.

The bankrupt, Gorge Ilennet, was a railway contractor,
of Dukt•strect, Westminster. He bad been engagtd in
several mttensive rmtracts on lines in the west of England,
and had also carried on the business of shipowntr and tim-
ber merchant at Bristol, and other places. Art application
was made to the senior commissioner a short time ago, to
remove the proceedings to Bristol, on the ground of tire
hulk of the property bt ing situate there. It was rsfuscd,
end the matter came on on Friday, before the Lords Jus-
tices on appeal, when their lordships deeiled that the
tion should be prosecuted in Lon ion, but that the deszrip-
lion of the bankrupt as originally gazetted, "of No. 24,
Duke-street, Westminster, railway contractor and ship-
owner," should be aniendtul by the addition of his other
businesses and place, of Masinesa,—the choice of assignees to
be adjourned for that purpose.
This was the day originally appointed for the choice; and
a great number of creditors were in attendance.
Mr. Stenniog, solicitor, under the petition, was assisted
by Mr. Quilter, the accountant, in checking the proofs.
Mr. Linklater and Mr. Matthews also appeared for credi-
tors.

Mr. Bagley stated to the caurt the result of the applica-
tion to the Lords Justices. They had intimated that it was
desirable there should be xbother advertisement, and
that the choice of assignees should be adjourned for ten
days, or until any day which will suit his Honour's conve-
nience—the proofs of such creditors as were in attendance
to be taken in tie meanwhile. To that there was no objec-
tion, as many creditors alight have come from the country
to prove that day.
The Commissioner—There is certainly a degree of diffi
eulty in acting upon this recommendation, and reconciling
it with the ordinary practice. The ordinary practice seems
to be founded upon the supposition that, at the meeting for
choice of assignees, there is to be a discussion in which all
the parties interested may take a part ; and that being so, it
may be inconvenient to have some parties voting for the
choice at one meeting, and °then at another. Then is a
degree of inconvenience in that ; because difficulties may
arise, and one does not know what the parties
who were present at the Ant meeting would have
done if they had been present at the second, or how they
would have voted. It is utterly inconsistent with
the practice,—but this, I dare say, the court above did not
think of—to have the parties voting at two different
meetings. However, there is a mode of meeting that diffi-
culty, by allowing the creditors who now prove to autho-
rise some person to vote for them at the adjourned choice,
making it • system of proxies. They must guard them-
selves by taking some course of that kind. There is no
reason why then persons should not prove at this meet-
ing. There is no difficulty about that ;it is only about the
choice.

Mr. Matthews.—l appear for several creditors, and I ob-
ject to a choice taking place at this meeting.
The Commissioner.—Hate you any idea who would be
chosen assignees if the thing went to a choice to-day ?
Mr. Matthews.—That depcnds on a question which I
shall have to submit to your honour on behalf of the
creditors whom I represent.
The Commissioner.—We will not discuu that now ; but
at all events, I think it must be an understood thing,—the
court above having suggested that, under the peculiar
circumstances of this case, and for the purpose of amentliaq
the description, that the choice should be adjourned fur not
less than ten days, or longer if it is thought necessary—that
the choice will nut now take place. As to all other matters
connected with the choice, I think we had better not discus
them at this moment, but afterwards, when I am better ac-
quainted with the difficulties that may actually arise.
Mr. Lawrence—As to signing the choice-paper ?
The Commissioner—They cannot do that now. They
may make their proofs, and then, if they think proper, they
may exercise their right of voting in the choice by means of
proxies.

Mr. Bagley—There will be no great difficulty about that,
for I believe the great majority of the creditors will exercise
their right of voting by power of attorney.
The Commissioner—That may be so. All I can say is,
that I shall certainly not act contrary to the suggestion of
the court above, so tar as regards the choice of assignees.
Mr. Law:ince—The usual course is to give the creditors
who have proved at the Brat meeting the option either of
voting by Bower of attorney, or of attending the second
meeting.
After a discussion as to the way in which the description
of the bankrupt should be amended, it was decided that it
should be in the following form :
"George Rennet, of No. 24, Duke-street, Westminster,
in the county of Middlesex, and having establishments or
places of business in the city of Bristol, and at Bridgwater,
in the county of Somerset, and of Plymouth and reign-
mouth, both in the county of Devon—railway costractor,
shipowner, engineer, timber merchant, lime burner, end
coal merchant—dealer and chapeau."
Mr. Stenning—Does your honour decide that powers of
attorney may be exercised in the choice of assignees ?
The Commissioner—Those who cannot be present at the
adjourned bitting may vote by power of attorney. It is
highly desirable that the choice should be made as early as
possible. All this discussion In the newspapers must have
been sufficient to inform everybody who the bankrupt was.
I suppose Mr. Rennet, the contractor, was as well known
as Lord John Russell. Does the order of the Lords
Justices say that the bankruptcy is to be re-advertised?
Mr. Bagley—l am not certain as to that.
The Commissioner—lt ought to be re-advertised ; but I
don't know that a delay of ten days is necessary.
After a conversation the 30th inst. was fixed for the ad- I
journed choice.
The Commissioner—Anybody may prove now that likes;
end he can give a power of attorney to anybody he pleases
to vote in the choice at the adjourned meeting.
Several of the proofs underwent discussion. About
three hours was occupied in going through them. Toe
amount proved In the course of the day was &early 60,0001.
A more accurate estimate of the bankrupt's liabilities and
assets has now been formed. They are as follows :
Liabilities, unsecured
Mortgage creditors

Unineumbered assets (which cost about T 20,000/ )
estimated to produce
Mortgaged property, freehold, valued at