The Express.
London, England, 1851-07-17 00:00:00

COURT OF
Wee Ma.
18 al J. li. Lamer.
This was an adjourned certificate meeting. The bank-
rupt was a drapes 341 Norwich. The balance-sheet, prepared
by Mese:Hutton end Cu., showed—capital 311. ; due t JCIV.
theirs 2,1211. ; pretits, 177/. The aroeta were returned, good
debt., 1411. ; property, 1701. The trade CIpCIMS had been
629/. ; hoe-e and personal ditto, CM. ; law expenses, 1461.
Mr. Aspland (iastructed by Mears. Ashurst) appeared
for the assignees, to oppose ; Mr. Linklater supported the
bankrupt.
The benkrupt in examination deposed that he was in-
solvent in 1840, upon which a dividend of 3*. or 4*. in the
pound had been paid, and was bankrupt in 11144,
but could not recollect the amount of dividend paid.
Ile commenced business in 1849 with a capital of
311., and a guarantee for 3004. Ile had subsequently bor-
rowed 2001. Irons hi. father. Mr. Parrington, ou the part
of certain creditors, had come down to Norwich ate time
when there were three executions on his premises. Imme-
diately after Mr. Parritaitton had left a colBBBneement of
the removal of goals had taken place, and had continued
two days. Was not present at the removal. A person named
Charter masted in the removal of the Reds, hut Charter
led received his instructions from the auctioneer fur one of
the execution creditors. The windows of his shop might
have been whitewashed after the removal of the goods.
Ilia honour, in giving judgment, said that in this case
the bankrupt had been iusolvent in 14410, paying only 3s.
or 4.. in the pound, which fact ought to have made him
more than usually careful in his trade. lie had also been
bankrupt in 1814, paying no dividend. Under that bank-
ruptcy hie probe for four years hail been 4731.' expenses
9361.--er about double. The certificate had been sus-
pended wiz months, but in opposition to that warning, his
trading and personal expenses under the present bankruptcy
had been most eionnous as compared with the profits.
Ibe bankrupt had attributed that to competition in Ueda
by a rival person, but on reference being had to the ac-
counts, there had been no material difference in the cash
takiegs since that period. Now, if on a four years'
trailing there hail been a suspension of six months,
what must be the result when, after a previous
warning, the expenses had been six times the
amount of the profits ? Ile (the Commissioner) must say
that gross extravagance and reckless trading had been
proved. As to the point of vexatious cl fence, the assignees
might have been led to suppose that there hail been vexa-
tious advance. However, the bankrupt on his oath stated
that he had not defended any actions ; but a vexatious de-
fence turned upon the question.whether there was sufficient
reason for his objection to the summons for making him
bankrupt. Perhaps be had better not have mado
that technical objection, be being hopelessly in-
solvent at the time ; but it was not such

an abjection as to bring him within the penal
clauses of the act. As to the allegation of fraudulent
preference, by giving a hill of sale—bills of sale were always
matter of suspicion---that question was being tried else-
Illwre. With respect to competition, a min with capital
was justified in going on, but out to gamble with the credi-
tors' money. It was his duty to consult his creditors whe-
ther they were willing that their goods should he sacrificed
fora competition. It was the duty of a man when embar-
rassed to stop, no matter whatever the temptation to go on.
In this can,, beside, other debts, the bankrupt owed 2001.
to his father, 100/. to one tailor, and yet he gave a bill of
oak, various persons priming him at the time. The tailors,
who were among the fortunate I rediturs, were creditors
fur 901. So that he was involved to the extent of 6001.
at a time when he entered into this competition, when
Cllirdalc set up against him. Such a proceeding could not
juiddied, and he had been guilty of reckless trading.
The expenses, too, were einnethin4 more than me times the
amount of the profit. The certificate of the bankrupt must
be suspended for twelve menthe, and if he (the learned
coininissioner) fuuml that the assignees hail obtained a
verdict iu their favour in the action pending, on the ground
of fraudulent preference, there would be a further seven-
si+.lll of twelve months. After the warning of a previous
hankruprey and insolvency, the certificate could nut be
higher than of the third class

EiSOLVENT DEBTORS' COURT.—TerrEaDAT.

IN as JAtillsa It. AstioRIMOSI.—ISMOLV ENCT OP Mit.
Asurn * Lesser oil, 'rite KT LANZ THEATnit.
At the uttinicof the court an application was made in the
ease of Mr. Anderson, the late lemee of Drury Lam
Theatre, that the order fur hewing might issue inunedi-
atrly on the filing of the schedule.
Mr. Lew'. (Lewisand Lewis) 111A110 the application. It
was seated that the insolvent 11.13 the late manager of Drury
law Theatre, and had been arrelited un a copies and was
now in the tatlvell.6 Trion. Mr. Anderson had filed his
petition in the court, and his schedule was now ready to be
filed, but as the court would adjourn on the sth of August,
it happened that yesterday was the last day of obtaining
orders fur hearing before the vacation. Therefore unless
the court assisted the insolvent he would be thrown over the
vacation, not being in a condition to obtain bail, the amount
of judgments against hen being considerable.
the Chief euinineisitiner inquired the reason the schedule
had been delayed so hug
Mr. Lewis informed the learned commissioner that there
were 11111rretlitair. and the amounts were very heavy, so he I
had mgt. bark into the theatrical accounts fur two sessions.
Ili. honour granted the application, awl the order of
brarit.g was directed to be made out fur the sth of Augnst
nest.

MIK.. Wt. COSIMOV.I.I 1....
IN TIM M‘TtlIK Or lit:4lT SMlTU.—Mvalcm.
Dirreitamers.

The. iosolv,nt, a e,xaliat, who wan opposed by Mr. Say-
good toe Mr. 11. ory Russell, the musical composer, was
heard tool, r the 2.sth SCetion of the_l'roteetion Act. Mr.
Cook supported.
The ruse 1.41.4 originally before the court in July, 1848.
After a good deal of investigation the env was adjourned
Rine the without protection. The insolvent hat since been
to America. and Mr. Russell had brought as action on his
judgment of 4th. for infringing his copyright. The insol-
vent was sow in prison at the suit of Mr. !lessen, and had
lima confined since the 22nd of May last. It now ap-
peared that in May, last year, Mr. Russell had assigned the
right of representation in his song. to Mr. Davidson' pub.
halter, ef Doctors' Commons, and he had given thoinsol-
vent permission to sing the songs by virtue of his assign-
ment. Ouch permission was not given until the early part
of the present year. It was insisted that Mr. ItitsaelThad
been pat to great expense in the proceedings instituted
against the insolvent to protect his property before the
assignment was made, and that it was not a sufficient
answer to the rase to say that the Insolvent had suffered two
months' impneminent.
Mr. Commissioner Law gave his opinion on the ease,
irrespective of the time which haul elapsed since the first
bearing. A very grievous injury had been inflicted on Mr.
Meissen, and two months' imprisonment was not a sufficient
answer to the raw.

The applicotion for a protecting order was refused, and
the insolvent remanded to prison.
banns Ma lAan«turn Prawn.
0 . . CLXIMS.

In the course of a ease it WAS stated, that in consequence
of the publicity given to matters of clerks in public depart-
ments the authorities were about to issue some very
etringent rules.
Mr. Commiseioner Phillips ►aid he was very glad to hear
such a antenient, both for the sake of the clerks and the
public. It was high time that something WAS dime on the
subject.