The Express.
London, England, 1847-12-18 00:00:00

=the bankrupt was under acceptances to one house to the
of 30,000/. A tryst= of apparently an unrestricted
assallmeedation had beestrikft on for some years between
the fteskrupt and some dine trading firms in succession.
At the is d his beekeeping his bone fide debt to Mesas-
BMW.% lime and Co., was about 19,0001. This was met
by MIK away et whisk weaprenewed from time to time,
mad iisiewspwsllat ~pro of the bankrupt in circula-
tion hr 0111 111411M01 et Ricketts, James, and Co.,
amounting to 12,0001. Thos total amount of debt. for value
and liabilities is 62,0001., by far the greater portion of which
is represented by bill holders, and the meets will range be-
tween 10,0001. and 12,0001. For some years price to the bank-
ruptcy the value of the annual produce woe much below the
annual consumption, and the trade transactions were provided
foe by bills of exchange, and as the bankrupt's total eependi-
tare very much excireded his revenue, in order to meet the de-
ficiency, bilk to a large amount were drawn, or acceptances
given, and, when they became duo, were paid by other hills
with accumulated interest and commission and this system
is repeated from time to time, and further, notwithstanding
the inability of the bankrupt to meet his own bills, he be-
comes a party to a similar course of proceeding for the ac-
commodation of others, with whom he has large dealings.
The only excuse made for the bankrupt's bill transactions is,
that Messrs. Ricketts and James were his principal
creditors, and to have refused acceptance. for them
would have brought him *(the bankrupt) at once iuto
the Gazette. The court, however, cannot exculpate
the conduct of the bankrupt on any each ground.
I now come to a very prominent defect in the conduct of the
bankrupt, which is apparent on the face of kis books. Upon
this point it is necessary to refer to the examination of the
bankrupt's own accountant, who deposed that he bad found
no books which were in a satisfactory state. Now, the son.
sequence of this imperfect state of the books is, that theseis
no period of time, from the Ist Jan., 1834, when Mr. Howard
• retired from the business, at which it can be made to appear
whether the bankrupt was solvent or insolvent. Mr. Law-
ranee had said that his client (bankrupt) had for many years
traded prosperously and occupied a high position in tho mcr-
maids world. The bankrupt's books do not support this '
amertion. On the contrary, has he not altogether disre-
prded one of the strongest obligations as a trader ? The
mismanagement of his trade—for we can call it nothing else
—when we look to the trade expenses (68,8401.)ns com-
pared with the profits (69,1961.), or 20 per cent. on'the net
=out of sales, and the excess of his housekeeping and
family expenditure 122,6000 as compered with his net
matt, may all, I think, be easily amounted for by the con•
of his amounts, and from his never taking stock. Re-
viewing the whole of this case, I think the misconduct of
the bankrupt proceeds from greet negligence and indis-
motion in a basoees which required extraordinary circunt.
spiedion and prudeeca. Mr. Howard was to receive 25,0001.
Qom the bankrupt
000 r for his share and interest in the business,
to be
3,0001.d0wn, and 22,0004 secured by bond. To
pay the 3, ~ the bankrupt was obliged to borrow 2,6001.,
which was lent to him by Vigor,, Batten, and Co.; and this
seems to have been toe foundation of the bill system which
was afterward. carried to such excess. I should mention
that at this time the bankrupt appeared to have a capital of
14,0001., but the account which showed this remit estimated
the debts then owing to be 21,0001., and the stock in trade
about 18,0001., PIA and bills in hand at about 5,0001.,
and the creditor, of the firm7about 5,0001. For several
years then the bankrupt was saddled with • large
amount of interest to Mr. Howard. I find that
the losses sustained by the bankrupt are considerable ;
above 8,000/. for bad debts are carried to losses, so
that some hundreds ought to have been written off every
year on that account. The stock also was of a very uncer-
tain nature, and, judging from the loss on the sale under the
fiat, its value must always have been precarious. Without
nicely scanning the domestic expenses of the bankrupt, it
obvious that they amounted to a mini out of all proportion
to what now appear to have been the profits of his trading.
As to his profius he was very probably deceived, but if so, it
was from irregularity in his accounts. Under all the circum-
stances, and having regard to the high position held by the
bankrupt as a trader, which must operate in aggraystion of
his default in his book-keeping, the court adjudges that the
certificate be suspended for twelemonths.—Protection
for one month granted.

BLOOMSBURY COUNTY COURT,
Before D. D. Reath. Bog., Judge.
Tim O. LORD DRSIO.N.-BBRVANTB' WAOIB.-Thil

was an action brought by the plaintiff, Eliza Tew, a servant,
against the Right Hon. Lord Denman, to recover the sum
of 31. 91. ed., alleged to be due to her for wages and for
compensation in being discharged from her situation with.
out a month's notice.—The plaintiff stated that she was en-
gaged by Lsdy Denman at 12 shillings a week board wages,
and 121. a year. Witnees went to tne situation on the 14th
of the mute month, on which day the family went Mtn the
country, and after lining there ten weeks, Martha Wells, the
housemaid, told her she was to leave immediately by her
ladyship's orders. Witness refined to leave; and on Sunday
wrote to Lady Denman on the subject, and the next day saw
Mr. Thornton, who paid her her board wages, and said she
must go ; bat on being told that she was waiting for her
ladyship's answer to her letter, which however did not
tome, she was allowed to remain till Thursday, when she
left, nothing being said about a meath's notice on either
side. Cross-examined Had several quarrels with the house-
maid, who, a month before she left, attempted to
throw her over the bannisters, when, to defend her-
self, she took rap a chair. —Lady Denman deposed that
In consequence of receiving letters from the housemaid com-
plaining of the general conduct of the plain tiff, she gave
directions for her disasissal.—Mre. Crick, the housekeeper,
Mrs. Hales, and Martha Wells, gave testimony as to under-
standing that the plaintiff had engaged to receive 12s
a week, with a prospect of being appointed kitchen-maid on
Lady Denman's return from the country.—His Honour said
that )Lady Denman had sworn positively that no monthly con-
tract had been entered into with the plaintiff whoso state-
ment not being in the *lighten degree corroborated, he could
come to no other conclusion than that she was engaged at
the rate only of 12s. a week, which had been paid to- her.—
Judgment for the defendant.