The Express.
London, England, 1847-10-30 00:00:00

tab) intelligent.

COURT OP-BANKRUPTCY.
Before Mr. Corealeskeer Evens.

TIM PARCEL Post DILIVERY COMPANY IN RI OItEN.
—Tide was a meeting for choice of assignees in the matter
of this bankrupt, who, with several other persons, were
shareholders and directors of the " Parcel Poet Delivery
Cainpaay ;" and also had bu,kinits offices at No. 67, Fleet-
/41MM. sad Argyle-street, Oxford-street. Several debts
baying bees proved, the Jsaiikrupt in examination stated.
that he had attended several ametings before he became a
partner in the company, and in their offices he saw several
articles of furniture, carpet, Sic. Them articles, however,
were subsequently sold-by the secretary, and the money ob-
tained for them was pat to his own uie.—Mr. Lawrence said
perhaps he did so fa order to pay himself his salary, as, in
consequence of the company's affairs baring occupied the
attention of a police magistrate, he could not have otherwise
reimbursed himself. Mr. J. Mathew', of High-street,
Shmeditch, torn merchant, was chosen assignee.

CENTRAL CRIMINAL COURT.

OLD COCriT.--Defure the Chltl Baron and Mr. Justice Cromwell.

IN otcruaNT UNDER TUE BANKRUPTCY ACT.—G. Hilton,
28, grocer, was indicted under the Bankruptcy Act of the
5 & 6 Vict.' sec. 32, cap. 132, for that he baring been duly
adjudged a bankrupt, and days having been appointed for
him to attend and be examined respecting his estate and
effects, did feloniously and contemptuously omit and
neglect to surrender to the fiat of bankruptcy issued against
him upon the day appointed for his final examination.—
There were several other counts in the indictment varying
the form of the charge.
Mr. Clarkson, for the prosecution, said that the present
prosecution was instituted by the solicitor to a fiat in bank-
ruptcy, issued against the prisoner for not surrendering
under that fiat, upon the day appointed by the court for him
to be examined respecting his estate and effects, with a view
to their being duly administered among hie creditors. The
prisoner carried on the business of a grccer at Hythe, in
Kent, and in the month of February last proceedings in
bankruptcy were taken against bins, and he was eventually
declared a bankrupt in conformity with the provisions of the
act to which he referred, and the 25th March and the 27th
April were the days appointed for him to attend the court,
and be examined respecting his estate. The bankrupt did
so attend on the first day, but on the 27th April, when his
final t Lamination should have taken place, he did not
appear, but it seemed that he absconded to France, and was
apprehended at Dover upon hie coming to this country on a
temporary occasion.
Mr. G. Johnson, an officer of the Court of Bankruptcy,
produced the papers, and in point of fact proved the whole
sue. It appeared that the prisoner was adjudged to be a
bankrupt on the Bth March by Mr. Commissioner Fon-
blanque, and on the 16th the usual notice was issued, calling
upon the bankrupt to surrender and be examined upon the
25th March and the 27th April. The prisoner attended on
the 25th March, and underwent a long examination regard-
ing his estate and effect., and assignees err re appointed, and
the prisoner was to have attended on the 27th April to un-
dergo a final examination. Ile, however, did not make his
' appearance, and no final examination therefore took place.
The proof of the insertion of the flat of bankruptey in the
Gazette, and also that the usual notices were served upon the
bankrupt, was then given in evidence.
Mr. Ballantine, for the prisoner, submitted that there was
no cue at all to go to the jars. He need hardly observe
that this indictment was founded open a highly penal act of
parliament, and that therefore it ought to be construed with
the utmost strictness. In the first place he should contend
that the mere feet of a man being adjadirated a bankrupt
was not sufficient, and that before he could be convicted upon
such an indictment as this, there should be a proof that he
had actually committed an act of bankruptcy, and in point
of fact was really a bankrupt. He cited a case referred to in
" Russell's Crown Cases," where an in. ictment had been
fumed under the 6th Geo. IV., which was the old bankrupt
law, where the court held that in indictments of this descrip-
tion there should be a proof of trading, of the petitioning
creditor's debt, and of an act of bankruptcy.
Mr. Justice Cresswell said the question was whether the
notice in the Gazette that the court had adjudicated a person
to be a bankrupt was a proof of the fact —The Chief Baron
expressed his opinion to be that as the Court of Bankruptcy
was a court of competent jurisdiction, they were bound to
assume that the prisoner was legally declared a bankrupt
upon the adjudication of the court to that effect, and the
statute went on to say that the bankrupt should be bound to
do certain things after notice to that effect had been inserted
in the London Gazette.
Mr. Ballantinc then proceeded to take another objection.
By the statute the bankrupt was required to attend upon
two days, to be named by the court, and it wail proved that
the prisoner did attend on the first day named for that pur-
pose, and by so doing he submitted that he had done all that
was required of hint for the remainder of the section was in
the alternative, and after enacting that the penalty should
accrue if the bankrupt did not surrender on the day first
appointed, went on to say " or " on the day appointed for
his final examination ; and he submitted, that if he attended
upon either of the days he had complied with the set of par-
liament, so fur as any penal consequences were concerned.
Mr. Justice Cresswell said, it appeared to him, upon re-
ferring to the two clauses of the act of parliament, that the
limit of the surrender was the second day, and that the sta-
tute intended that at all events the bankrupt should attend
on the day appointed for his final examination.
Mr. Parry said that if this were the correct interpretation
of the law, a bankrupt might attend upon the first day and
discover sufficient estate to pay all his creditors in full, and
because he did not appear on the second day, although he
had done everything that could he required of him, he
might still be subjected to the penal consequences of infring-
ing this act of parliament.
The Chief Baron said these objections would be upon the
record if such an Indictment were preferred.
Mr. Clarkson, in support of the indictment, said he appre-
hended that neither of the objections that had been rinsed
by his learned friend on the other side could be supported.
In the first place, what was the meaning of en adjudication ?
It was a solemn decision and judgment of a court of coca-
potent jurisdiction that a certain fact had been proved ; and
after what had fallen from the court be should say no more
with reference to this objection. He would, however, ob-
serve that the cue which had been cited by his learned friend
was under the old bankrupt law, and did not refer to the pre-
terit statute, which was framed not only for the purpose
of doing justice to bankrupts, but also their creditors.
The learned counsel then proceeded to argue that the
other objection was equally untenable, and that the
statute clearly required the bankrupt to attend upon both
the days appointed far his examination.—Mr. Bodkin, on
the wee aide, urged upon the court the hardship that would
be erenied by a contrary view of the ease ; for when a bank-
rupt salmmied his der examination his person was pro-
tected, and be right employ the opportunity between that
time and the sassed day in making away with his property,
and right then eireerd, and defraud his creditors of the
Idris el their pengenty.
The Chief Buie, after having deliberated with his learned
overruled both the objections that had been raised
by the er's counsel. He said the court were of opinion
Mat tie Oetut of Bankruptcy, having adjudged the prisoner
In las a bankrupt, he was bound to conform to the orders of
Ant used, and, failing to do so, be had rendered himself
amenallie in the present charge. The statute appeared to him
to be heard with
.very great care, and certain and ample
opportunity was given to the person adjudged to be a
bankrupt, in the Ant instance, to dispute the proceedings;
and if he idled to do so he did not think it was
any answer te the penal charge to which be afterwards sub-
=himself is smy that he had not been duly made a
pt. The leemed Chief Baron then suggested that
the jury Amid germ a special verdict, founded upon the
her, and if the priserw's counsel, upon consideration, should
think it eight te do so, they would hare an opportunity of
further_segnmant upon a motion in arrest of judgment.
Mr. Beßesedne exercised his right to address the jury, and
asked rim whether they could think themselvenjustified in
finding a primer guilty of an offence for which he might be
suipmeed se the puniehment of transportation far life upon
me ether evideseether the prodoctiou of amass of papers, and
wiliest the Medea miasma of any intention todefrundany
cre parson ? Ma weld not help expressing his surprise that
me as amt of pediment as this shotdd have been placed
sa the Merits beet Tho indictment charged the prisoner
with the intention to defraud hie creditors ; and he pmt it to
the jury whether they ought not to have bad some evidence
to prove such intention, and whether, in the absence of such
evidence, they ought to convict him of intending to defraud
his creditors, when for all they knew to the contrary, be
might have geld the twenty ekulluegs in the: pound The
lamed emus' was ~promeding with his address when he
The wee
lbiaron, who said he thought it unnecessary he
Amid peered any farther, as a special verdict finding the
ilase% bat emitting a proof of the intention to defraud, would
be ail that thelarned reursicould require.-11r. Ballantine
mooted to this anuses.
. .

The fay then, sadet bM kirdehip's direction, ?stunted the
eipsdal verdieS, " That the *sow was proved to be •
beeknipt, sad that he did net aarrsoder in conformity with
the Matas, bet that them wee no evidence of his baying any
is Wl= Se delved his aredkors."

Marna.—O. J. //e;teairi, and lfelelds Ha ~ his
daughter, wen indicted for the wilful waxen el a yule
intent, here oldie latter prisoner. It appeared hest the KJ-
demos, se fu en from its revolting nature it penile et being
detailed, that the prisoeers occupied ea epartmest fa Illady-
row, Spitaltelds, end were in a meet abject state of poverty.
The birth Of the child, from what emild be sowertaised, was
conjectured to have taken place during the night a/ the 26th
September; and in the morning the hale whore was beard
to go down stairs, end was seen teem the yea sad go in
the directive of an out-house in an efielslog roles, where
the body of the child was afterwards dinewhel. Shigialon
wiry one hod itself upon the prisoners, and a *lse rentable
Crto the room occupied by them to =she
at list denied that she hid had a Ohl=
et ]fib Admitted it was the case ; sad .p IMO of
Ire aierr saying that she hoped her father Imam
sof/lin of ft, she replied that ha did not. She vies eller-
wards takes to the infirmary, at "the workhouse, owl es the
way there she asked the constable what bad beeme of her
fattier, and on his toiling her that be was Whoa up, eke in-
quired what It was ter : be hid her that he wee edierpdwith
endesvatring to eimesel the birth or her shag; to which
abs replied that ft was hies, fin be knew mai( sheet k -
She alheirlffee mesh other eastrary statoweises, wed elm
one amid= she hid a whom that It hed dB Pappeued
through the mini of her flier.—lto. M
who wee celled egos to nasals the body et the
his egiaka to be het the ilhOi wasteM ISMS RIM
grown, and hump bedlse
reuses tars three he bh —lll4
well bsvihr rogogs/ wrW"istflOE
tw hiershe diberehen they nues .
theisty
irks Omer net OW, ens erereisdefg Tr, •
wan the Welk. The jury, et the same
their regret that they conk! rat, as explained to •