The Express.
London, England, 1862-10-22 00:00:00

THE EXPRESS, WEDNESDAY EVENING. OCTOBER 22, 1862.

La be Intelligince.
,

90IIRT 01 BA.NICRUPTOY.—Ocr. 21.
(Before Mr. Comn3inioner Fonblaoque.)

_ .
Of IN NANNUAL-TEN " ADVIATIAINO AND INTNLLIGENCI

ABsocrAnos."

The bankrupt, Frederick Erskine Manners, was described
as a retired commander in the Indian navy, of Blenheim-
street, Chaise', and carrying on business is partnership with
Edward Sude Tucker, under the style and title of "The
Loodou General Advertiaiug and Intelligence Association."
in Waterloo-mad, and various other place.. The debts are
only 1311., and the bankrupt attributes his inability to meet
his engagement., to his partnership with Tucker. The
" Association" thus formed, it seems, had proposed to
eurr7 an its bueiness by hiring houses in several of the
leading thoroughfare., and adapting their front. for the
exhibition of advertisemeots.
Mr. E. Reed supported.
Mr. Atkinson, for the assignees, offered no opposition ;
Mr. Griffith., a creditor, opposed in person.
Mr. Reed said that the bankrupt had distinguished him-
self in the service, and retired on a good service pension.
He had been induced to enter into some foolish speculation
for pulling down the frosts of houses, and putting up as
enormous revolving drum for the exhibition of advertise-
ments. (Laughter.) The result was the bankrupt lost
300/., and incurred liabilities besides ; his only resource was
to come to this court. The creditor now opposing was one
of the clerks who had been employed in the different
"drum shops," and who had been appointed by the bank-
ruO's partner, now absent.
The bankrupt, examined by the opposing creditor, said
he had been advised by his solicitor to pay Mr. Cashion,
landlord of one of the houses, 201. in 'full. He had paid
away the whole of his 5001., and had paid the servant. as
far as be could.

His Honour—But why don't you go against the solvent
partner, Mr. Tucker?
Mr. Griffiths—We were told when we were engaged that
Mr. Manners was the monied party, and that Tucker had
nothing.
His Honour—l see no objection to the bankrupt passing.
Passed accordingly.
IX MI JOHN DENT.

The bankrupt was described as of Ealing, out of business.
Debts, 1,2411. ; no wets. Expenditure, 1201. a year for
the Let two yeah. The bankrupt attributed his failure
to the insufficiency of his income to meet his necessary ex-
penses. He had been bankrupt in 1860, and the bankruptcy
was superseded on his paying 101. in the pound, and giving
his acceptances for Is. 6d. more.
Mr. Allen opposed on the ground of wilful concealment of
property, and because the bankrupt had been receiving assets
since the adjudication. A creditor named Carr was returned
as holding some houses as security, but this was inconsistent
with other statements in the balance-sheet, and the bank-
rupt had been receiving weekly rents of other property.
The bankrupt, in examination, said that be bad disposed
of the house, b 7, Seymour-place, a twelvemonth ago. He
bad since authorised an action for the rent to be brought in
his name, and had signed a notice to quit in the ?men:.
month. He had received the rent, for Mr. Bodman, to the
20th instant. He hail also received the rents of some houses
in Crawford-mews, which produced 15.. a week. He had
some cottages at Ealing, the rents of which he received for
his daughter. He had surrendered the lease to a person
who afterwards re-surrendered it to his son. He had dis-
honoured all the bills given under his former bankruptcy.
Had not applied the money received for rents to his own
Pur;iolt, for the bankrupt, admitted that there must be
an adjournment for the amendment of the accounts. The
bankrupt, under his former bankruptcy, bad paid 5,0001.
into the hands of Mr. Graham, the official assignee, and had
given bills for the payment of Is. Gd. in the pound more.
The Commissioner—The practice of giving bills for bygone
debts has been constantly reprobated. It is one of the meet
fruitful sources of ruin that can be conceived. There must
be an adjournment is order that the bankrupt may Ale a
proper account of Ilia interest in this property.
QUESTION AS TO SUBSTITUTED SERVICE Or A SUMMONS.

Mr. Begley appeared in support of a summons which had
been taken out some time ago against a debtor who had
been resident within the jurisdiction of the court. It was
believed that he was then out of England, and his Honour had
been applied to on the 10th October, sod had made an order
for substituted service under the 79th sec.—the Barrios to
be made on Messrs. Harrison and Lewis, the solicitors to
the party summoned.

M. C. E. Lewis said he had only appeared for the debtor
to state that the summons had never been 'creed. There
was an informality in the proceedings. The party taking
out the summons was bound to show whether the debtor
was in England or out of England. Had the latter been
shown, an entirely different order would have been neces-
sary. The subsequent sections rendered it important to
show whether the debtor was picioeeded against as being in
England or out of England.
The Commissioner—l think they may take either branch
of the alternative ; if they choose the wrong one they must
abide the consequences.
Mr. Bagley— tVe have done so ; we first assumed that the
debtor was in England ; and finding that be was not, we
obtained an order for substituted service.
His Honour held that the service was sufficient. and added
—Let the manner of service be stated on the order ; also the
fact that the debtor did not appear, and then, at the end of
seven days, the case will follow the ordinary course ; there
will be an adjudication.
(Before Mr. Registrar flazlltt.)
IN HZ JOHN METCALFE.

The bankrupt was a stockbroker, of Clement's-lane and
Queen-square. His liabilities are about 5,2004, of which
3,6654 is due to Mr. J. W. Welch, merchant, of Church-
coJrt, Clement's-lane, partly for differences in the Stock
Exchange, and partly for monies advanced. There are oo
assets.

This was the first sitting. The only debt proved was that
of Mr. Welch, who was chosen assignee.

IN RE FRANC TOWIR.S.

The bankrupt kept the Victoria Ti ern, Waterloo•road.
Debts of about AXY. were proved, and Mr. Hulas (of Use
firm of Hart Brothers cud Hula, accountants) wsa chosen
assignee.

THE POLICE COURTS.

MANSION •HOUSI

Mar Riemitarker wu brought up on remand, before the
Lord Mayor and Mr. Alderman Mechi, sitting in petty
session, charged with stealing a quantity of briarrnot pipes,
and also a quantity of silk, the property of his employer,
Igoe.: Maros, who carries on the binnacles of a merchant in
the Eve de Montmatre, io Paris.

Mr. Wootner appeared for the prosecution.
The prisoner, it appeared, was, up to the month of March
in the present year, in the employment of the prosecutor aa
clerk, in his house is Paris, but in that month was sent
to Loudon to act as agent, and to take orders and
sell goods on his account. The prisoner was to be paid by
commission, and he took an office in Watling-strret, for
which Mr. aron paid the rent, and the prisoner drew
money in his employer's name to pay fur the furniture.
The prisoner was to carry on business there in the name of
Mr. hlaron, his employer, and he accordingly wrote to that
gentleman on several OCCLI iOllll, 'Ratios that certain goods
Ltd been ordered, and they were sant to him for the pur-
pose of being delivered to the parties who the pri-
soner represented bad ordered them, and were
accompanied by invoices made out in Mr. Maron's
name to those parties. Upon one occasion the
prisoner represented that he had an order for
a quantity of pipes and some silk, and requested Mr.
Maron to send them, and they were accordingly forwarded
by that gentleman, accompanied as in all other instances,
with invoices. From the time the prisoner had been esta-
blished in Watling-street up to the mouth of June, how.
ever, Mr. Maxon had never received an account from him,
and in that month be wrote to him telling him he should
come to London to see how matters were progressing. To
this letter he received no reply, and came to London, but
on going to the prisoner's office found him abseut. He left
his card, and on going the following day found he bad ab-
sconded. Mr. Moron then caused inquiries to be made, and
he ascertained that the parties from whom the prisoner
had stated be had received orders had not given those
orders, and that the prisoner, on receiving the goods, bed
disposed of most of them at considerably below their value,
and had not accounted to him for the money he had received
for them. The prosecutor placed the matter at once in
the hands of the police, but the prisoner managed to keep
at large until the evening of Wednesday, the 16th of
October, when he was apprehended by a detective officer
named Thomas Hubble, at Klein's Hotel, Finsbury, and
after a delay of more than an hour, on account of the pri-
soner's refusing to accompany that officer, a party of police
were fetched, and the prisoner was takes to the station.
His rooms at Klein's Hotel were searched, and a quantity
of briar pipes were found, which the prosecutor identified as
forming part of some parcels which he had sent to the
prisoner.
Mr. Wontner said he believed the prisoner intended to
plead guilty to the charge of larceny, and in that case, as
the prosecutor would be greatly inconveuienceil by having
to stop in London until the sessions of the Central Criminal
Court, be would be glad if his lordship could deal sum.
manly with the case.
Mr. Abrahams, on the part of the prisoner, said his client
was quite ready to plead guilty, and would rather his lord-
ship would deal with the canal
The Lord Mayor, having conferred with Mr. Alderman
Medd, said, taking into conaideration the inconvenience the
prosecutor would suffer if he were kept until the trial, ha
sod Ids brother magistrate thought the ends of justice might
be met by a summary conviction, but at the same time it
was secs soy that they should impose the extreme penalty
is their power, which was that he should be kept to hard
labour fur six calendar months.
GUILDHALL.
ID. Stuchbary attended yesterday before Alderman
Mechi, on behalf of the Commissioners of Sewers, to ask
that certain meat which hod been seized as unfit for human
food should be condemned, such being the preliminary
usually adopted when ulterior proceedings are contemplated.
Mr. Stoohbury said he bad two eases, and in support at
the first he called
Inspector Newman, who said he found six nieces of beef
on the stall-board in Mr. Pointer's shop, in Aldgate High-
street, and on examining them he found that they were pen
tiara of a bullock which had died from disease, sad the
whole at it was totally math for human food.