The Express.
London, England, 1847-11-08 00:00:00

PREROGATIVE COURT.
_ Before Sir H. J. Fust.

NORRIS AND JOSITI.4OS o. P011..D.L:41116T1 AND OTHERS
CITED TO SRN PROCEEDINGS.—On the requisite steps bring
taken for proving in form of law the will of the late Mr.
Thomas Morris the point was raised whether or not the
next of kin, who had compelled the executor.; to prove the
will in solemn form, were entitled to their costa.—The
learned Judge, after counsel had been heard, stated that t e
deceased having died within two hours after the execution
of the will, not having made one previously, he considered
the nest of kin entitled to their costs, and pronounced ac-
cordingly.
TATSTER o. NOLTAAPFEL.—This wu an amicable suit
respecting the validity of the will of the late Mr. Charles
Holtzapfel, of Charing-cross. —The learned Judge pronou need
for the will, and decreed the costs of all parties to be paid
out of the estate.

COURT OF BANKRUPTCY.
Bofors Mr. Commissioner Goalbarn.

IN RE 110LMTA1117K08PEN8I0N OF A CERTIFICATE
FOR Two TE•ns.—The bankrupt in this case was a furni-
ture broker and cabinet maker, &c., and now applied for his
certificate. The bankrupt commenced business in the year
1844, and took out the fiat in January, 1847. His capital
was only 501., consisting of 20!. in cash, and 301. in furni-
ture, and he had te account for • sum of about 720!., re-
ceived from different creditors. The profits were put own
at fifteen per cent. by " estimate," and the amount of sales
were also act down by " estimate," and the property now
remaining on the premises was stated to be of the
value of 61. 55., goed debts 91. 15a.; losses by bad debts
111. Ba. 3d., and damage done by • "bail storm" 10/.;
trade expenses, 1151. Bs.; law expenses, 1101. 16s. 44.:
housekeeping, 1001. odd; besides other smaller items,
making 42!. 14s. 2d. There were no regular books
kept, but a few small accounts, between the creditors
of whom be made purchases, and the mea whom he em-
ployed in his business. The credit side was fairly vouched,
and thus, it appears, he went on trading, obtaining all he
could, and when he comes before the court it is found that
he has only enough to pay the one quarter of the fees.—
The bankrupt admitted thelreceipt of 3401. from a Mr. Green
between June, 1846, and Feb., 1847, in instalments of 50!.
each ; from a Mr. Sherrard, of Wimpole-street, 401. in the
course of the last spring ; 461. for work clone at Camden-
villa' • and several small sums of 101., 51., and 31.—8 y Mr.
Sargood : Mr. Poole (one of the assignees) opposes me to-
day for a debt of 13/. My law expenses were upwards of
100!. I paid large interest on over-due bills, and was sued
by eight or ten lawyers all about the same period.—Mr.
Scott then briefly addressed the court, opposing the grant'of
the certificate altogether, as the bankrupt had kept no
books, nor had he offered any satisfactory explanation of
what he had done with his large receipt.—Mr. Sargood, for
the bankrupt, said he would not justify the non-keeping of
cast-books, although in this case no prejudice had arisen to
the interest of the creditors from his not having kept them, as
the small books which had been produced fully showed the
amount of his purchases and the result of his sales.
His expenses were small, and his profits were smaller.
Mr. Commissioner Gotilbarn: This case is like too many

othen coming before this court, where parties seek for its pni-
teetion when they have not left a single shilling for their
creditors. The principal question here is, has the conduct of
the bankrupt as "trader" been of such a character as to
justify me in letting him again go before the world as a per
son who has dealt fairly and properly by his creditors ? I
think not; and I think further, that the assignee has
only done his duty in making the exposure in this case,
which enabled the court to deal with bankrupts like the
present. Books, he keeps none ; at least ;not such as a trader
should have kept, but merely a few "pass " books, and
then, again, these very books—if books they can be called
—are only " lateral ' and "one-sided." It appears that
the bankrupt went on trading as long as he could obtain
credit, and that foiling him, he comes empty-handed to
this court, for the protection of his person and future ac-
quired property. His sales are " estimated," his profits are
" estimated; and he only meets the account of his trading
receipts (7401.):by telling us of his expenses (law, trading,
&c.) and by payment of large inter, at upon returned bills.
Under these circumstances the certificate must be suspended
for two years.
Ix RR JOHN MATTHEWMAN.--THE COLLIERY TRADE.
—This insolvent, who was the proprietor of the Oaken and
Churchway Colliery, in the forest of Dean, now applied for
a goal order. He owes 10,5781. 7a. 10d., and amongst the
debtors to the estate, amounting to 6,6101, John Brown.
Beq., personal representative of the late Viscount Mon-
tague, appears for 4,3101. ; executors of the late Earl of
Strathmore, 1,8001. ; sad Sir Wm. Amring Hargate, Bart,
500/. The colliery was valued at about 40,0001.—Mr.
Cooke, for the creditors, prayed that the case should be ad-
journed for six months In order to see what would be real-
ised from the mine, which was of great value.—Mr. Duncan
would make no objection, but had to apply that the insol-
vent should have the management of the mine or colliery,
he being a scientific man, but without his aid there was no
doubt that it would not realise what it ought. By that
means he would pay 20s. in the pound, and leave a large
surplus for himsalf.—Aftor some discussion the case was ad-
journed for four aostaa—iaquiry to he mode in the mean-
time.