The Express.
London, England, 1847-12-08 00:00:00

COURT OF BANKRUPTCY.
F-cfore Mr. Commiasioner Shepherd.
IN us BuICD AND BOTD.—HOP AND SEED TRADE.—
This was a dividend meeting in the matter ot these bank-
rupts, who bad carried on business as hop and seed mer-
chants in Wellington-chambers, and who had dealt largely
in billa of exchange, &e. The balarce-sheet embraced a
period of eight yea's, and showed the debts and liabilities to
be about 80,0001., upon which a dividend will be officially
announced in the course of a few days. Mr. Graham is the
official assignee under the fiat. There were several other
dividend meetings before his Honour, which were of an un-
important nature.
Before Mr. Commissioner Fonbhusque.
IN RE J. HITCHINOS.—SVBECNSION OF CERTIFICATE
FOR Two YEARS.—The bankrupt, who was a leathi r
seller, of Upper Whitecroes-street, now applied tor
his certificate. The principal grounds of opposition
were, fraudulent preference by the bankrupt to hi, brother
in giving him 4001. upon the dt,aolution of partnership be-
tween them, the firm being insolvent; and also to his
mother, in allowing her to obtain an execution by which a
quantity of property was swept away ; extravai:ant expendi-
ture, and the want of a cash-book.—'lhe bankrupt, in exa.
mination, stated that he bad kept no ash-book; that he
had been a very " gay man ;" that he had been in trade
eight months; and th t, while the profits were only 2391., he
had expended 7501., being a single man.—Mr. Poinn sub-
mitted that this was one of those cases which called for the
absolute refusal of the certificate—Mr. Lawrence was heard
at great length on behalf of the bankrupt, and certainly
could not ask for an immediate certificate, but hoped that his
Honour would deal leniently with his client, considering
that he was a young and inexperienced man, and that his
estate would pay the creditors a dividend of some 4s. or bs.
in the pound.—The learned Commissioner said: From the
manner in which the bankrupt gave his answers at the last
examination and to-day, it appeared to be quite clear that he
took no pains to ascertain the state of his affairs, upon giving
his brother the 4001. at the time of the dissolution ;
if he had done so he would have found that it was a gift out
of the pockets of his creditors. The mother also obtained
goods under en execution, and the attorney who served the i
writ ups behalt of the mother, sou attorney to the beak-
rapt. After this he called his creditors together and offered
a composition, but it was then too late. Mr. Lawrence had
candidly admitted that the extravagance of the bankrupt
could not pass without the censure of the court ; but be
must say, not without very severe censure. Whet was he
to say to a single man, making only 2391. and expending
7001. in eight mouths, being at the rate of 1,2001. a year ?
He could not but say that that extravagance was moat pro •
tfigate, and must be reprobated in the strongest terms. A
doubt was paring in his mind whether he should not abso-
lutely refuse the certificate ; but he had a great objection to
parson such a course in this, or in any other cam, more par-
ticularly as the legislature had not as yet granted any
appeal, and as it sem a great burthen for one to say to
another, you shall be in a state of perpetual excornmanwa-
tion from the trading oomminity. lie should suspend the
certificate for two years, to be granted at the expiration of
that time, or after he shall have undergone twelve months'
imprisonment —Mr. l'hinn applied for the costs of the oppo-
sition, which were granted.