The Express.
London, England, 1849-12-21 00:00:00

CENTRAL CRIMINAL COURT.

OLD COURT.—YESTIIIDAT.
Bayou Ma. 1111TICI COLIIMIDOI AM, Ka. Ilmung Rocri.
AN IMPORTANT POINT IN BANKRUPTCY LAW.

Hitch Swam, 38, draper. wondered to take his trial for

ationtmeannur.
Mr Clarkson and Mr. Muddtenon" prosecuted; Mr. Ed-
win Jam a and Mr. Parry were for the defendant.
Mr. Clarks m, in opening the came, said that this was •
charge of misdemeanour framed under the act of parliament
of the sth & 6th Viet., cap. 102, and secs. 34 and 35. The
first of these section enacted that if any bankrupt should
de troy, mutilate, or falsify any of his books or ripen, or
make any tales or fraudulent entry in his books, with a view
to ,!,fraud his creditors, he should be deemed guilty
of misdemeanour, and be liable to be imprisoned
for three rare, with or withcut hard labour, at
the discretion of the court; and the second de
elated that if wi'bin three months of his bankruptcy the
nankrupt should, under the false pretence of carrying on
his ordinary trade, obtain goods or chattels from any person
with intent to defraud them, that this act should also be
deemed • misdemeanour, and the party convicted of it be
liable to be imprieonrd for two years. The defendant was
charged with having committed both these offences, and the
circumstances under which tie indictment was preferred
were these : The defendant was a linendraper,sod he had for
some time carried on two businesses—one is id sower
yard, Oxford street, and the other in Camden-town,
and on the 28th of April in the present year
a flat of bankruptcy imued against him. He should
show them that long Wore that his circumstances were
in a desperate state, and that in September, 1848, and
for some time previous, the defendant had been in the
habit of fondling large quantities of property to an auc-
tioneer named Burton, by whom it was disposed of at a
great sacrifice, and that no invoices were sent with them
Foods, and that the accounts that were sent back to him by
Mr. Burial, had bees destroyed. Tail evidence would
apply to the first count in the indictment; and, with regard
to the second, he should show that in the month of Match,
1849, only a month beforehis bankruptcy, the defendant
went to the firm of Pawson and Co., in St. Paul's Church-
yard,
and obtained goods from them to a consider-
&hie amount, he at the same time representing that
he was in a good condition se far as regarded his circum-
stances, and that he had • considerable surplus alter the pay-
ment of his debts; and he should be also able to prove.
that, in the course of the same month, the defendant bad
obtained goods Mom different tradesmen to the amount of
1.6001, the whole of which, as he was buttoned, had been
disposed or at a -Maims 'scribes Chem we. e the facts be
should 11- ve to .as before thy- nary, end .1 ne Droved the-
to their satisfaction, he apprehended they would entertain
very little doubt that one or other of the charges had beta
made out against the prisoner.
Mr. Paton deposed that he was the accountant em
ployed to look into the affairs of the defendant, prior to the
bankruptcy. He found that his debts amounted to 4,4001,
and the meets, or go 41 in his possession, were 1,3851., at art
prier. He was asked to account for toe defidency, or to
give some explanations, and he refused to do so, end he ales
refused to sign a declaration of ineolvency, or to amiss his
property to his creditors. Oa the 18th April the defers-
dant admitted that he had sent as many as twenty
parcels of goods to Burton's auction-room, and said
that this had been going on during a period of eighteen
months. He ale) 'mini that he was unable to
tell the exact amount, but that between 6001. and 7002.
worth ware sold in the previous month of March, but he
said be kept no account of them. The defendant likewise
mid he had paid this money to some ef his cash creditors, hat
declined to give their names, and he also admitted that he
had mace a false representation to Mr. Pawson wheals
stated that be had a su•plus of 1,6001. after paying his debts.
The clerk to the last witness proved teat from en emu&
non of the defendant's books it appearen that betwees
August, 1847, and March, 1849, t e had obtained goods freer
various hovers to Vie amount of 8,2671., and in the wrath
prior to his bankruptcy 1,6001. worth of goods had been
furnished to him.
Mr. Pawson and another gentleman were then examined
to show that at the time the defendant obtained
to the amount ef 1041. from the fernier in March 184r,he
represented that he was in good circumstances, and that he
had • surplus of more then 1,500 i., and that upon the
faith of this representation rot good: had been forwarded,
to him. It was elicited however by Mr. Jaime that in the
beginning of Much the defendant had paid a bill of 2401.
tor other goods that had been supplied to him by Mr.
Paw
Mrso .James then submitted to the court that this indict-
ment could tor he supported. The charge was losmied
upon two sections of the sth and 6.h Victoria, whist ests
he should contend, so far as this charge was wiesseradi,
was repealed by the 12th and 13th Victoria, known
as Lord Brougham's Bankrupt Law Consolidation
Act. By the Brat perks of that ant it was enacted
that from and alter its coming into effect, all other acts and
parx of acts, except as regarded certain punctilios to be
mentioned in • senedule to the act annexed, should be an
were repealed. Now he found by the schedule referred to,
that this set of the 6th sad oth Victoria wee among those
that were repealed, except them parties relating to the
appoletment of ermatimisms, the per if their e
and other matters, owe ef which hail the slightest expenses,
to aa=sailfh=el this lisserirdea or say ether ; and
he sa that this assume fall to the pesad,
the est d reamed seder which it was folded, beim
duly ridded W the absegeest sod odder statute
The hewed triumphal/14,i
ereasahrred together,
Kr. /Mee the jellt of the
wart. He said that this was S doubt an hwortaat ease
with regard to its eseedoweess ; bat at the saw tide,
whoa tie judges ildag la this dart saw se remake he•
laying their issilea. =Naas petal appeared peeibetly amid
thug, gyveneer kr ths Oust