The Express.
London, England, 1862-05-20 00:00:00

THE EXPRESS, TUESDAY EVENING, MAY 20, 1862.

Emperor of the French and et the French notion, as far as
they wet attached to him. I mean the Conspiracy Bill.
Who was the main instrument of defeating that bill?
(Cheers.) Why, the right hon. gentleman. When I moved
for leave to bring in the bill it was warmly supported by
right hon. gentlemen opposite, who gave it their unflinch-
ing support. But the moment a motion was made below
the ;gangway they thought, by throwing their
weight tato that sale, they could turn out the govern-
meat—(obese)—they departed from the principles which
they had only • fortnight before proclaimed, and they who
had given me leave to bring in the bill, with unmitigated
hostility objected to the seoood reading. No wonder that
such a circumstance created an ill-feeling between the
governments of France and England ; at least:an ill-feeling
on the part of the government of Francs towards that of
Teske& Naturally the French government said, "Here
is a party who oome unto power, taking their stand upon
that which we consider to be only a fair and just protection
for our sovereign . They have turned out a government
which proposed that meanies ; and they take their stand on
the denial of that security." But what did the right hon.
gentleman say afterwards? He told us that we were within
—not • day, not an hour—of • war with France after they
came in. Was that the starting point of friendship,
cordiality and mutual confidence which the right boa
gentleman boasts wet the position which his government
took with regard to France? Well, then, Sir, but soon
after that time—m the Deli year—he admits that they
deemed it right to greatly increase the armaments of this
country ;end making his comparison between 1859 and the
present time, the right hon. gentleman admits that the
exams of expenditure now, as oompared with the expendi-
ture which his government thought necessary in 1859, ix
only 1,600,0001. What were the peculiar circumstances
which existed in 1859 ? What were they with regard to
this country? There was a war breaking out in Italy be-
tween France and Austria. Wu that war likely to
involve us? Did the government of that day in
any manner contemplate joining in that war with
Austria? If that were so, then undoubtedly
as far as England was concerned that was an 'emplaced
year. But those reasons do not apply to the praise{ state
of things. We have no intention of asking the country to
go to war to prevent the freedom and liberation of WT.
The admiesiou, therefore, of the right hon. gentleman with
reference to our present scale of expenditure as compared
with that which his government thought Deeeseary in 1860,
is that when England was at pace—when obviously there
wee no danger of war with France, because Frond, was
sot likely to quarrel with England when d in • war
to Italy—the excess of the amount of exptur• far the
army and navy which is thought neormary now over that
which was thought necessary in 1869 is oily 1,600,0001. But
there are no circumstances lathe prompt time which involve
an expenditure belonging either to a periodijeat gone by, or
by pewiWiry to future events. Upon • former oo-
ranieotn laid we were still paying our account for the
Chinese war ; we were stillincurring axpaow for the dis-
turbances in New Zealand, we were still in debt on ac-
count dour despatch of Loops to Canada, arising out of
circumstances relating to the late troubles in America. No
doubt it is impoesible to suppose that any government for
its own make, tf not for the sake of the country, would not
be anxious to reduce the public expenditure when a fair op-
portunity of making • reduction occurs. Lad year the
estimates for the army and navy were reduced by about
1,009,0001. ; and if next year we find any of the operations
DOW in progress can be dimmed with according to the
circumstances then existing, lam sure, without taking
any credit to ourselves, and saying only what any
men in our position would say—we should gbdly avail our-
selves of any ommtmity of making any diminution of ex-
penditure which might be then found poasible. But the
right hon. gentleman says—" Yon ask me if I hold the
opinion that our expenses are too peat, that our army and
navy are too large—why I did not eons down and make
that statement when the army and navy estimates were
before the house." The right hon. gentleman further
says that was • futile question. I admit that it is a futile
question, because the answer is obvious. (A laugh.) The
right hon. gentleman has answered the question himself,
because be says that upon questions about mu-
seums, education, the One arts, and science, are
matters upon which everybody can form an opi-
nion ; and certainly. we have had the advantage
of • great variety of opinions on these subjects. (A laugh.)
Upon these point& every man is as competent to judge as
the government is ; but he says that questions as to the
amount of our military and naval establishments involve
political considerations which must be much better known
to the government of the day than to members of the
house ; and that it is a sort of confidence which the House
of Commons reposes in the government not to object to the
amount of the force which' may be proposed. But this is
not the invariable rule, because this very session we had a
motion from the hon. member for Brighton (Mr. White)
to diminish the army by 10,000, which did not
meet with much support ; and probably the right
honourable gentleman, foreseeing the fate of such
a motion, did not wish to form the twelfth
in the minority in the division on that motion. (Hear,
hear.) But the right hon. gentleman gives • very manatee-
tory reason why he did not make such a motion. He says
the motion either would have been successful, or it would
have failed. In either case the result would have been such
as he should have deplored. If it had failed, it would
have added strength to the government he was opposing ;
if it had succeeded, it would have produced to the country
the calamitous result of displacing the present government, or
of rendering necessary an appeal to the country. (Laughter.)
Between these two evils I think no choice could be
made. (Laughter.) Between those two evils be had
no choice but to abstain from making such a motion.
(A laugh.) If he had done so, not only would he have
had to join the Brighton division, but, if I am
not much mistaken in my recollection of very recent
events, he would not have carried with him many of those
hon. gentlemen who are generally disposed to follow him,
and who do so whenever they can, consistently with that
elasticity of opinion which they must be supposed to
=n(Laughter.) But with regard to armaments, I
ever yet heard from hon. gentlemen on the other
aide of the house, especially from the right bon. and gallant
officer formerly at the head of the military department,
that our forces are too large. He has found fault from
'time to time, and last year more particularly, that we did
sot make sufficient provision for the forces we proposed ;
that in fact our expenditure was not adequate to
our wants. Well, that is not an objection ; at all
events that is not a view which the right honourable
gentleman has this evening propounded. Therefore, I think,
before he comes down to the house to propose to diminish
our military establishments, it would be batter he should
settle that question with his right hon. and gallant frieed,
and when they can agree than will come the question as to
the amount of distribution, and the money requisite for the
diminished force. Then they will be in • better position to
give us advice on. the subject. The right hon. gentlemen
save that in 1859 the military force of the kingdom was
100,000 men. Well, that was just before we sent about
8,000 men to our North American provinces. Since then
we have sent about 8,000 more to Canada ; and we have
now within the United Kingdom a steelier force than when
the right hon. gentlemen sod his friends complained that our
farces were not adequate for the defence of the country.
The right hon. gentleman then adverted to our naval esta-
blishments. He thinks our naval force too great. There
again he has • question difficult to discuss with his col-
leagues, because not only did the right hon. lostronet the
member for Drottwich propose, when he was in office, a
retenstroction of the navy—an alteration which must num-
, sanly be completed only at • very considerable expellee—
I not only did he begin at one time to turn sailing versals into
screws. and at another to substitute iron ships for wooden
ships--laying down the Warrior according to his own plan—
but lest year, somewhere about this time, he came
down to the Louse and made • great flourish about
some information he had received from Admiral Elliot.
The right hon. gentleman said that executive preparations
were going os in France in the buildiug of iron vessels,
taunting us with not keeping pace with them, and urging
I us to accelerate our movements and incase our iron vesseb
at whatever cast, and place ourselves on a footing of equality
with France. This lam sorry to say we have not yet does.
(Hear, hear.) The right hon. gentleman says that wheal
his government was in office they had a communication
from the French government, that the French govern-
ment gave them • programme, to which they did
not object, of the amount of their forces, and I understood
him to any that the French government had not yet ex-
ceeded or even completed that programme. If the genre
meet of the right hioe gentleman were contented with that
programme why are we to object to it? (Hear, hear.)
The right honourable gentleman says, either you are
friends of France or you expect to be her
enemies. If you are friends of Framer you need net
mind any amount of armament they aresarevinng ; if you are
likely to be her enemies you should not imply object, bat
declare war in order to compel them to stop. That is going
very far, rather farther than some of those gentlemen who
seem to concur with him might be willing to do. (lieu,
hear.) But it is certainly much further than lam prepared
to go. (Hear, hear.) The right hon. gentleman mays,
" You hen, made no objection to these armaments—yea
itiriproveear, h.octrnit:evlarneyer
we rid sa iddidanlisorogbjoacft the
had.
ose
armaments. It was because we objected to them that we
proposed to increase our own. I will talk now of boa-clad
ships. I am aware that in wooden line-of-bottle ships we
have • greater number than the French ; but we were told
not long ago in this house that the days of wooden ships
have gone by, and that no wooden ships would stand
against such vessels as the Merrimac or the Monitor, and
that war at sea must henceforward be determined by iron
ships, and iron ships alone. It may not be amiss to men-
tion in passing with respect to such ships that the Monitor
la its passage from New York to the scene of action was as
near going to the bottom by the sea breaking over her and
down her tower—was as near going to the bottom as was
possible without actually sinking. Then what is our
relative position? The right hon. gentleman says the French
government gees him their programme, and that it has not
yet been fully carried out. The number of French iron-
clad ships either built or building—some of them launched,
and some already at sea—is 35 or 36. [Lord C. Pecinr-36.1
The number we have built or building is 25. So that Prance
is already ahead of us by 11, and their programme, accord-
ing to the right hoe. gentleman, is not yet fully maid out.
lf they gave a statement to Lord Derby's
(Hear, hear.) Ido not know what that programme was.
government which
that government acquiesced in, it is tether too late for us to
make any formal representation to France—thew, ben)—
and, moreover, I do not know, when we consider hence is •
great power, having great naval interests, and liable
so be brought into conflict with other areal states,
that we can reasonably say, "Yon ought to step
where you are, and wait till we get s-head at yea'

(Laughter.) But that bang the mia, and we being eleven I
iron-caned ships behind the French, I think there is no
ground for saying that in regard to our naval antoe;tl
than to our military sstablishmeuts we are going
what the true interests of the country require. (Hear,
hear.) I shall not trouble the house with any further
statement& I think the right hon.. gentleman judged
rightly in abstaining from solder' the home to do that
which he says would be tantamout to a vote of want of
confidoom—namely, to diminish the amount of the naval
and military establishments thin year. We shall be reedy
next year when the circumstances of the year are before all
mankind, when the right hon. gentleman will be able
to form his own judgment upon them, provided ha does not
trust too implicitly to those sources of information to which
be has alluded—we shall be ready to discuss with him
what should be the proper amount of our naval and military
establishments, and I can assure him and the house that if
by change of circumstances it might appear any consider-
able reduction can be made, worth offering to the house,
we shall be happy to avail ourselves of the opportunity.
We can have no interest whatever in accumulating es-

tXlishnientaZaincreasing expenditure, and the charges
and bindens on the country. (Hear, hear) Nothing makes
a g t more popular than to diminish those burdens
(Heir, hear.) Perhaps, however, it is not for me to say so,
because my right hon. friend the Chanoellor of the Exche-
quer, in repealing certain taxation last year, did not make
himself popular with some parties in this house. (Hear,
hear.) That has frequently been made a subject of reproach
to my right hon. *friend, but not daunted or intimidated by
the reception which those reductions met with, I can
assure the right bon. gentleman and the house that it will
be ourduty and our pleasure to avail ourselves deny change
of circumstances which by enabling us to reduce the esti-
mates may tend to diminish the burdens bearing on the
people of England. (Cheers.)
After some discussion, in which Sir H. Willoughby, Mr.
Hunt, Mr. Carter, and the Chancellor of the Exchequer
took part, relating to the assessment to and surcharges on
account of the income tax,
Mr. WHITE could state, on the part of himself and •
I good many of his friends that if the right hon. gentleman
persevered in the course he bad indicated they would forget
and forgive his having, with his supporters, patted the
government on the back in all their extravagant expenditure.
They would be glad to hear that the right hon. gentleman
bad seen the error of has wept' —(6 laugh),--and if he came
into office • policy of retrenchment would be supported,
and his government would meet with no factions opposition.
With respect, however, to the foreign policy of the right
hon. gentleman, the eentiments to which he bad given
utterance the other evening were such as neither he (Mr.
White) nor his friends could concur in, and such as nine-
tenths of his countrymen would repudiate. (Hear, hear.)
The hon. gentleman the member for Rochdale bad intimated
that the government of the country could be carried on with-
out any diminution of prestige at • cost of 10 millions less per
annum than at present. He did not join in the belief that
so important a redaction could be made, but be was strongly
of opinion that five millions annually could be saved. If
the right boo. gentleman would make such a reduction
when next in office he and his government would meet with
general support in the house and in the country.
This bill was then read a third time and passed.

THE BRITISH MUSEUM BILL.
The CHANCELLOR of the EXCHEQUER then rose to
move the second reading of this hill. He said that on the
occasion of introducing the bill he had stated generally It.
intention. In point of fact its nature, object, and justifi-
cation, were best gathered from the papers ea the table,
which showed that the government and a great majority of
the trustees of the British Museum had arrived at the ccm-

clarion that it was necessary to make • separation of the
collections, and to remove • portion of the collections from
the present site to one at • considerable distance. As re-
spects the measures that were to be taken, the bill com-
pleted in the main the explanations neoessary to be even.
The site which had been selected was that which doubtless

oeonne7l -to the minds of hoe. member, wxusly, South
Kensington ; that being the only desirable spot in
or about the metropolis where it wu possible to
have such a commend of land, at a moderate price, Oa
would secure the means of almost say expulsion within
the lifetime of anyone now alive—he would not venture
farther than that. .

Mr. GREGORY said it appeared to him that every
provision of the bill had been framed with the view of
setting aside and contravening the decision at which the
committee arrived last year, as if the trustees of the British
Museum thought it quite beneath them to brook or tolerate
any interference on the part of the Home of Commons,
which annually voted 98,0001. for the support of that insti-
tution, which perhaps they conceived to be their particular
domain. if .the government could provide a imitable
structure in a suitable position, and under suitable
maoage-
meat, he for one would have no objection to it ; bat he did
unquestionably object to spending 100,000/. at least on
alterations of the Museum which he thought would be a
discredit to the country. Influenced by these motives he
was determined to give every opposition to the bill, not
being one of those liberals of whom the right hon. gentle.
man the member for Bucks had just spoken, who showed
their liberality by the reckless manner in which they advo-
cated every attack upon the public purse. The hon. mem-
ber concluded by moving that the bill be read a second time
that day six months. (Hear, hear.)
Mr. M. kLILNES thought they ware all too apt to look only
to the present time, and that the time might come when
South Kensington would be in the centre of London. There
was no doubt that if they were for cheapness they must go to
South Kensington. (No, no.) Those who opposed this
bill ought to come forward with some project of their own
to find room for this multifarious collection. He trusted
that they would read the bill a second time, and in com-
mittee they might modify and correct it to the best of their
power.
Mr. Dan! Struotrti seconded the amendment, which

was supported by Lord H. Latino'.
Mr. WALPOLE spoke in favour of the removal of
some portion of the collections, and observed that if
the wishes of the trustees had been consulted in
the matter, such an arrangement as the bill contemplated
would have been earned out ten years ago. At present the
most costly articles were hidden from public view • and if
the bill were refused the trustees would be hereafter con-
stantly subjected to the unjust reproach that they had
formed collections which they could not exhibit, or the
government would be forced to incur an enormous expendi-
ture for the purchase of the ptoperty around the Muesum.
He thought that !whetter site could be found to send these
collections to than South Kensington.
Sir G. 0. LEWIS also supported the bill, on the ground
that the British Museum was inadequate to furnish the
necessary accommodation for the collections it contained ;
and that if the requisite additions were made to the present
building they would entail an expenditure of two millions

sterling.
Mr. OSBORNE would accept the advice of his right
hon. friend, and confine himself, in the few remarks he had
to offer, to criticising not the details or the number of square
feet, but the general outlines of the bill. He found one
omission in all the speeches they had heard iu favour of the
bill. His bon. friend the mamba for Pontefract (Mr. M.
Milne'', in his aesthetic speech, seemed to adopt the motto
of Charles Surface, in the School lot. Scandal, for his notion
of economy, when he summed up with "damn the expense."
(Cheers and laughter.) Then they had had two speeches
from trustees of the British Museum, who afressemed to be
equally regardless of the matter of expense; but he
(Mr. Osborne) would ask the house not to be led
away by the speeches of British Museum trustees
or by the speech of his hoc. friend. What
the house had to consider was— (he offered no
opinion as to the propriety of separating the col-
lection)—but what the house had to consider was,
where was the money to come from? (Loud cheers.) If
there was a flourishing state of affairs in Ireland, if there
was no distress in Lancashire, and if there was a surplus iu
the Exchequer, it would be all very natural for the Chan.
cellor of the Exchequer to come down with his conjectural
estimate of 630,01.011 t. for removing this collection to south
Kensington but they knew very well that that 680,0004
would involve an outlay of a million and a half, and what
he wanted to know was, where did the right
hon. gentleman propose to get the money from!
(Hear, hear.) What SWOTS they then doing! They were
proposing to construct a new system. It had been called ali
great national uudertakiog. They know very well what
that meant when the nation was to pay the piper. (" Hear,
hear," and laughter.) But he hoped the right hon. gentle-
man, and the trustees of the British Museum, and 'rechecks
members of parliament would have some consideration
with a view to economy, and would not run rashly into ex-
travagance, and at a time when we had great distress exist-
log in the country, would not enter upon new'and costly plans
of building. (Hear, hear.) Aud, upon whose recommen-
dation was this new museum for the zoological collection to
be provided! On that of the most profound zoologist of
the day, Professor Owen. But had hon. gentlemen read
that learned authority's evidence before the committee over
which the member for Galway presided! Did they know to
what his plans extended! Did they know that he called
upon the committee to build halls 850 feet long to receive
whales! (Loud laughter.) And there ;were so less than
fifteen different species of whales, and there were to be halls
for each. (" Hear, hoax," and laughter.) Professor Owen
also advocated the providing of separate apartments for
every variety of the elephant. Did they suppose that 680,0001.
would build a palace for all these whales and elephants!
(" Hear," and laughter.) This was really no joke. They
were beginning to get into • most expensive style in
these matters. The whole financial part of the
question bad been kept too much in the dark. The Chan-
eallor of the Exchequer, who lectured so wisely at Man-
chester upon the importance of maintain_ Mg a wholesome
state of finance, said nothing of that kind on the present
occasion. When government wanted to spend money the
finances were always wholesome, and yet the house was i
twitted there and elsewhere with extravagance. (Laughter.)
They were told it was the House of Commons that added to
the expenditure and was the cause of all the extravagance ;
but let the hones beware of being led away by such gees- I
tionable matters as those of testa. Let them not be led
away by the ,speoch of his hon. friend them ember for
Pomfret,
" What brought ill-fated Victor's goods to waste
Borne demon (in the shape of a Chancellor of the
Ex-
chequer) whispered, Taste."
(" Hear," sad a laugh.) Let them delay this matter, then,
until the finances of the country MVO =WA in a position to
allow of such an expenditure. Let them test the govern-
ment to-night as to the sincerity of their premises of eco-
nomy, and show that they wished to place the finances of
the country in • wholesome state ; if they did they could
have no hesitation in supporting the motion of the hos.
member fog Cialtfar. (Marl

Colonel SYKES supported the bill. He thought that
wherever was the loons of population there the national
museum ought to be.
Lord PALMERSTON—Sir, this is a question involving
principles of economy. The curious circumstance connected
with the debate is that those gentlemen in this house who
profess themselves to be systematic advocates of economy
are advocating that plan which will be by far the most ex-
pensive to the country. It is admitted by all that the
present building of the Museum is ' chuck " full.
With regard to natural history, persons who go
there see specimens of animals huddled together in
cases like sheep in a fold, in • state of crowding
in which it is impossible to examine them with
that attention which is necessary, or to study the ob-
jecia which they come to look at. It has been agreed by
all that extension of space is required for the proper en-
largement of the collections contained in the British
Museum. The only question really is, whether that ex-
tension should be acquired in the neighbourhood of the
Museum, or whether it should be acquired, as premed by
my right lion. friend, by additional ground at Kensington.
Well, then, the question is, do yon prefer giving 60,0001.
an acre for the land you want, or will you be content with
paying only 10,0001. an acre? Strange to say, the
advocates of economy, those gentlemen who are
professing their earnest desire to pat • limit to
the expenditure of the country, have • preference
to pay 50,0001. an we instead of 10,0001. (Orion of "No,
no.") You may have five we* or one acre, as youcbooes.
The only effect of the bill is that you are to get the land you
want [at 10,0001. instead of at 50,0001.
Mr. HENLEY said he did not wish to give • silent vote
on this, as it seemed to him, curious bill ; still less so when
he beard from his right hon. friend near him that the
sum to be expended was not quite agreed upon. But it was
not on account of the cbascreement that he objected
to this bill. He objected to it on this simple ground.
Here was a bill proposing to give powers to
the trustees of the British Museum to do something, and
he was told that the enense was understood to be some-
where between6oo,oool. and 700,0001. He did not wish to
preach economy, but he had always voted against what he
considered to be extravagance. He thought that for that
house to give a pledge without any plan being laid before
them, without anything by way of security, was wrong ;
and he would not vote for • bill wherein large expense wee
to be incurred without • plan. When they had a pl.n
they would be able to say whether or not it would be SCOOO-
- to go to Kensington ; whether they were going to spend
600,0001. or 700,0001., or double that sum, as these matters
often cost. Withoutgiying any opinion as to whether the
museum should be diva or not, he must vote against any
of these short bills. (Hear, hear.) He thought it was •
bad way of doing business. (Haar, hear.) Nobody pre-
tended to ear that the country was in • flourishing state of
finance. (Hear, hear.) If there mums course worse than
another it was to drag on • thing of this sort by miserable
instalment+. When the ball was coos set a rolling, with
gentlemen of taste each kicking it on from one to the other,
there was no knowing where it would stop. (Hear, hem.)
He should oppose the second reading of the bill.
_ _

The committee then divided. Before the numbers were
announced, the division paper was handed to Mr. Gregory,
and prolonged cheers were given by the opposition.
The numbers were—

For :he reading
For the amendment 163-02
The bill was consequently loaf
After the announcement of the numbers cheering was re-
sumed for several seconds.
On going into committee of supply,
Lord IL MONTAGU moved fora return of the plans
for shot-proof ships received at the Admiralty, and the
annual expense of building and altering wooden ships of war
.
since the lit of January, 1856. The question of iron Ulu
was raised by the noble lord, and the detail of what had
been done and is to be done on this head by the Admiralty.
The motion was in substance granted.
The house went into committee of supply pro forma.
On the third reading of the Peace Preservation (Ireland)
BM,
Colonel DICKSON called attention to the recent murder
in Limerick of Mr. Fitzgerald, and the subject was dis-
oared.
' The other business was disposed of, and the house ad-
journed at 25 minutes past 2.

tab) Inttlligenct.

COURT OF BANKRUPTCY.—MAT 19.
(Before XL 0041Mini011ir Hoiroyd.)
or Is LAITIENO; MORTIXO/14 AND ICHILLDIII—PUBONI
LAMER Ol OTTICIAL ANLIGNIZI—DIPOISTAIT DICISION.

The bankrupts in this ease wore the peat leather &ekes,
of St. Mary-are. Amongst the debtors to their estate wee
• Mr. Myatt, of OngWon, in Cheshire, who owed them
2641. Anbeation far this amount was made by Mr. Les,
the offl, emigres, by letter' on the Bth of September.
The natter rested over till the 12th December, when Mr.
Lee wrote again, threatening • summons if the amount was
not paid within seven days, and adding :—" Parties in the
country are informed that debts out be remitted by drafts
on any London banker, by Post4dies order, psi N• in
London to Charles Lee, or any sum not exceeding 1(k.
may be remitted in penny postege-stampe." Some °one-
spondee:is weed ; and oa the 18th;of December Mr. Myatt
wrote, mlanin( • draft far 2641. of the Old Bank, Oongle-
ton, on Mews. Olding Sharpe, and Co., of Clement's-lane,
mid requesting an acknowledgment of the tame. It ap-
peared that neither the letter nor the draft had ever
reached Mr. Lee's office ; but on the 21st it had been pre-
sented at Menus. Olding and Sharpe's by some person who
had obtained possession of it enrreptitiously, and who bad
altered the name " Lee " to "Leg, and given the address
of 42, Highetreet, Islington. Not receiving an acknow-
ledgment from Mr. Lee, Mr. Myatt wrote again ; but this
letter also never reached Mr. Lee or his clerks. Mr. Lee
died on the 17th February ; and nothing further was
done until the 12th of April, when Mr. Edwards,
having succeeded to the management of the
estate, made a
awrittenfeation to Mr. Myatt
for the debt; Mr. Myatt re that he had sent draft
for the amount, and then the facts cams out. Nothing
was known of the partals who had obtained payment of the
ban, but two of the 501. notes given in payment had been
traoed to s banker's in Paris.
. . .

Mr. ii.ldurray,represWing the sesigoeae of the estate,
nowoontended thatthe npreeentativesof Mr. Lee oughtto be
made answerable for the amount of the draft. The rules and
orders of the court preestibed the form in whiliidt
Lion wag to be made for debts to persons : • at
a dietaries from London, and this form con
nothing about bankers' drat* but merely maid :
"It may be desirable for parties is the country to be in-
formed that the postmasters in post towns will receive rums
not exceeding 5t., and give orders for them at the Ant-
oine* in London, which orders can be remitted tome in pay-
ment of debts." Upon this ground he contended that Mx.
Lee, having deviatd from the prescribed form, and having
directed the money to be transmitted by beaker's draft by
post, his representatives were liable fur the lose that had in
consequence arisen to the estate.
Mr. W. Williams, on behalf of the representatives of
Mr. Lee, submitted that the rules end orders ware merely
directory, and not imperative, and that Mr. Lee was not
bound to use more than the ordinary care which would be
required in the cased merchants having dealings with each
other.

.of.
His Honour said that as between the official assignee and
the debtor, the latter wen discharged, because he had re-
mitted the money in the way pointed out by the algid
assignee. Then came the question whether there had bean
any negligence or default on the part of the officiel assigns.
Had there been no special rules laid down for his Odeon—
had the case been similar to that of trustees or bailees,
would only have been necesimuy that he should exerche the
same care and caution as he would have done in his own
affairs ; in fact, he could not have been made liable except
on the ground of "craw negligeotia." But the act of par-
liament having directed that the official aisignee should be
subject to certain rules and orders, and certain roles and
orders having been laid down and issued, any substantial
departure from those rules made the official assignee liable
for the loss that might be sustained. No doubt he had
desired to do the best for the estate, and them was no in-
tentional carelessness ; but the case of "Ex parte Hall '
(16 law J., Bankruptcy, p. 10, N. B.), where an official
assignee was held liable for the loss sustained by a creditor
whose name bed been omitted from the dividend ILt, was
in a gnat measure applicable to this case ; and pe repro-
eantativee of the official assignee most be held liaMe for the
ken of the 2641.