The Express.
London, England, 1849-02-24 00:00:00

THE EXPRESS, SATURDAY EVENING, FEBRUARY 24, 1449.

for by drafts aa Asir beads& scads, bids sad Maass
Tbst Muss seljaalad payment la October, 1847 ; witness
was this MAW ti Ana 17,0001, bat asvertbo-
less aoadderal bias eV windy solved, as Bolds
sad Mamas 104 a,„ is do dupe of a
need saortrens Rla October
1847, lir. lta
la 8 ands is raildt wets Sea la requattlag
rardasasse seam ands at shorter dote*

than %ohm, sad Met the groesols .1 their goods 'heed be
kept &daft from those of oases. They did sot do es,
hoseme ft nee owt of the mum of biasses, they WWI del
modeillogirjoir alo Me a great amber of parties, and wore
ke Ke premeds Wog remitted whoa due,
easeihiti to amens* therefore, oar Mr. Resokk
hod down Ite ream then boa their tee, he could
she se qe ketroolisos. Oa the IQth November follow-
ing Kr. Owls mote MOM Resoiek, sewing them that
Moir Worsts were loafs keeping, and should be protected
to the almost. Afar tide, the einrignatents captioned ; la
teat, ems wen es thole way at the time. They were bound
to seeks remising= to Kr. Resnick fenr months after the

date piths sake, whether they received the mosey or not.
They were sot in the habit of seeding to other
ceestituents bills of lading as security for the
bills drawn on Boyd* and Thomas. After October. 1847,
when they received the news of Boyds and 1 housaa's
stoppage, they rased drawing on, or makiog remittances to
them, but afterwards resumed when that house resumed
payment Afterwards Messrs. Resnick, by letter of the 7th
Fe nary, expressed a wish to be guarded against contingen-
cies in the drafts on Boyds and Thomas. None of the drafts
on that house after December 1847 were honoured ; they
finally stopped payment in Fantasy, 1848. No specific in-
structions were given after October, 1847, about Merv. Ren-
nick's proceeds. They first heard of the stoppage of Boyd.
and Thomas in April last • they were than aware that they
also were insolvent, of which they had no suspicion until
that time. Bills were drawn in February, Marsh, and
April for 4101., 2501. sad 2331. respectively, in favour of
Messrs. Renzi*. Did set know at that time of the insol-
vency of their firm. Mr. Resnick had complained of the
remittances not being made In due time a mail having
elapsed beyond the proper time. The three bills above re-
ferred to were not honoured, arriving after the stop
page of Boyds and Thomas. Messrs. Renick had con-
wised to them about 2,0001. worth of goods since
Weber, 1847, for which they received bills from the
megebents in Ceylon, which bills were discounted
Ke bankers, and the proceeds applied to the general
hinder sof their trade. Boyd' and Thomas bad agreed, as
was the custom with merchants in this country, to make
eireses to a certain amount, in order to provide for the
keg credit which was necessarily given to the native mer-
chants ; in their ore the amount was fixed at 7,5001. ; and
hence Boyds and Thomas were creditors of their firm. Of
their debts (Acland and Oswin's) 28,0001. was secured, the
rest unsecured. The prospect of a dividend depended upon
the value of property in Ceylon, which had risen within the
last few months. Their assets were estimated at 18,0001.
Their liabilities of 40,0001. had been cast on them by the
failure of Boyds and Thomas, in respect of bills to which
Bair mamas were attached as drawers. A question had
arisen se to whether their liability on tboee bills could be
established. Mr. Armitage (of the firm of Armitage, Scott,
and Co.) had presided at a meeting of their creditors in
Ceylon. If he had expressed an opinion that the estate would
err pay a penny a pound, it was perfectly incorrect
sad 'unifiable ; bat it might be owing to the
eafremdy depressed state of property in Ceylon,
fray the rebellion, and other ruses. Owing to the
subsequent rise of colonial produce in this
countey—affeep
havka risen from 3.is. to 581. 6cl.—the estates in Ceylon
meal rime in value. He did not oonaider that they were
bound by the factors' law of England, as they were not
kern in that sense. At the time of the bankruptcy they had
7001. worth of Mr. Rennick's property, and that was placed
in security. He (witness) had estates in Ceylon worth
30,0001. or 40,0001., but they were mortgaged; could not say
how much these might yield to the arguer. In the *gene y
for Mr. Renn,ck they were not only answerable for the pro-
ceeds, but for the remittances to this country. Along with
the drafts en Boyds and Thomas they remitted other bills r
a collateral security. Mr. Resnick had the benefit of this
protection. He made no objection to this proceeding. Of
twenty or thirty India houses which stopped in October,
1847, only Boyd. and Thomas and one or two others re-
sumed. They received butt fide assistance to the extant of
20,0001. Had produce then borne its present value, that
house would not have finally stopped in February last, tor
should they. Boyds and Thomas bad about 20,000 cwt. of
coffee on hand when they stopped. This they were obliged
to dispose of at the then rates. Coffee then selling at 33e.
was now 58s. to 625. The liability of 40,0001. had not been
incurred solely in dependence on Boyda and Thome, but on
the security of the Ceylon estates, whose value was im-
proving. There had been a loss of 440e'. on Mr. Reonick's
consignments. The books of their firm were in Ceylon ;
there was no power to get them here, as the old Raman.
Dutch law prevailed there.
Mr. Parry, after disclaiming any vindictive feeling on the
part of the gentleman for whom he opposed, said that the
principal ground of complaint against the bankrupt was that
no attention had been paid to the specific instructress given
by Mr. Remick, and which he was perfectly entitled to give.
Mr. Asked. as the responsible partner in the firm, had be-
trayed the Mist reposed in him by not obeying thorns keen*.
y after the first stoppage of Boyde and Thomas.
The boas,
no right whatever to dispose of Mr. Ren-
akik's mregreenta, and make see of the proceeds for the
of his trade. Sines the specific instruction,
0001. worth had been consigned, no part of the
proceeds of which had been set aside as Mr. Minnick di-
rected, notwithstanding the smaranca that his interests
should not suffer. With the vast amount of liabilities in
the balance-sheet, Mr. Acland must have known, or ought to
have known, that he was insolvent long before the period he
admitted it. . . _ _

The Comce;seioner observed that, supposing the statement
to be true, about the flucteations in the value of the Ceylon
property, the bankrupt might not previously have known of
&solvency.
Kr. Parry proceeded to urge that the bankrupt ought le
have taken warning from the first stopper* of Boyd. sad
Thomas, and not to have received further consignseeele. or
at lust not to have continued making remittanees fa the
seas way es before. Supposing that be then knew of Ids
insolvency, his conduct would have amounted to fraud. It
was customary with merchants to attribute their failures le
political crises ; but they were more frequently owing to
their own reckless trading.
Mr. liornby, for the bankrupt, submitted that Weeded's*
had been utterly free from reproach, at least up to the=
of Oct., 1847, when Mr. Resnick wrote the letter
to. Oa receiving those instructions, Mr. Ached eould not
have acted otherwise than he had done ; had he sent home
produce, its depreciated value in this country would have
been ruinous to Mr. Remick ; he could not do otherwise than
and bills, and if Mr. Remick wished him to go out of the
usual course of Imagism*, be ought to have relieved him
from the responsibility of a del ender* commission. Had
Mr. Renick doubted Boyd' and Thomas's bills, he might to
have specifically objected to them. It should also be re-
membered that at the time this occurred scarcely any um-
menial bills were negotiable. It was evident the bankrupts
had done the best they could under the peculiar mecum-
steams of the case, and had thereby fully complied with their
Instruction.. The extraordinary and unforeseen fall in the
price of produce, from 60s. to 33.., and in the value of mtates
from 20,0001. to 10,0001., was abundantly sufficient to ac-
count for this failure ; and it could not be urged that these
events might have been fouseas by the greatest mercantile
prudence. Both flues were nedoebtedly solvent in 1847.
The fiat bed been issued five meethe ego; and though @d-
elete had duos been rewired tram Ceylon, as single credi-
tor, besides Mr. Resnick, had taken say step Is opposition.
His Honour maid he did not think the *duties that had
bean raised should be noted en one
ua a
latter, bat that
regard should be had to tamer Commens. In one of
these the bankrupt*. proceedings were dieepproved of, but
froze.** whole, it appeared Mr. Rennick had placed the
ggrreeaattest possible confidence in them, and had left to their
disreties the mode of securing him as best they could. He
had nude no specific °Nettie' to the mode of remittance by
bills en Boyds and Thomas ; and in a letter written is Nov.,
1847, after the first stoppage of that house, he-had still
left the mode of remittance m the discretion of the betak-
e; the same was the tenor of subsequent letters in
Fs and Much. The result of the whole was that the
muter wee left to Mr. AeLendb judgment; and is the
goose of any suspicion of his having acted male fide,
it maid be extremely hard, because the event had
twang ent unfavourable, to make him answerable '
fire the einsequesees. Had Mr. Rend* painted out some
areas nods of esearing the bills, the besinupt would have
been Mimi euse, bad he negleMed to comply with it.
But it would bed hard to gorge him with gad,
after ding what be thought was porketly fair to Mr. lam
nick; and it would be glad to amp ad his esetilleate on
that ground. The Who did not *peer attributable to any
misconduct or realms Igailer. This gentlemen Mt been
for many yore the head of a large hone in Ceylon whisk
had fallen dog with many ogees is the soumswiat penis
of 1847. No imputatka weld be east on him in impost of
his dealings with Boyds end Co., whose repanides did sot
seem to have been suited by their lint elsppsp. There
was nothing in Mr. Agri% condos as a Lois sailing for
reproof. It appeared in be we of those mess of mis-
fortune which the bankrupt law was passed to relieve ;
the secured creditors would be nearly covered; sad, had it
not been for the large amount of liabilities, the assets might
have been nearly sufficient to pay the debts of the firm.
However much the loss to Mr. Resnick might be regretted.
it was dill eon to the observation that he ought to have
given more epeeific instructions. Under thew circumstances,
ge certificate would be granted forthwith.
The emendate of Henry °twin, which was unopposed.
was also granted.

earls& the es denies $ the mama of W. in his ishedale.
Him an, int eine beton *begun ease weeks age, whin wh-
imsies were predneed who &sawed that assordiss es the best
slim* belisflesai.Temilmmand Ciadd wise theamthseimd
4ssati of the My malaise, Kean. Die ail Wailes
ten Thenapen Mr. Dishy, men as eakike lbe
=z:f the inseinnt, applied le the sent Is
te essepel the madame of Mean.
disstsa and Disk In order that he misht examine
Oa ea* ramealies their commies with the peen
Ms who wen stated to be their agents died
and their liability it.r the demand made
them iity the imelvent. The nage granted the tearashey
GM
wilinel==ywitte tho
es Ist=ectiee,.
Th• ase haviziebsen abed en,
Mr. Digby, saw that appeared as solicitor fir the
*Mem baleen% said that the first "Encash* should
call was Mr. %Ws Dick Ht. Di* be shi his evidence, applied to the Bonetßonetlo gnat him lib esseeemn
Mr- Dishy missed the Eakin on the ground that, as
the teedemay_had taken is consequence of the nen-
Wihl' Mr. Dick of eisdnt, if it should appear that
seT • jest debt, the sewn voted not be wansated in
grani: whams his expenses.
The wigs daskied es somendlag his decision until he
should the endwise.
Mr. Q. Di* wee than swim and examined by Mr.
D igby. He maid, Ia a madidate to represent the borough
of Meld= I. pliameat at the kart general election, and
I received a simmem kegs yea to attend here and produce
all the letters woad dersessate ainnected with the present
som la m 7 ilint log te my that I have no know-
ledge whatever Melds issametisa. I had been a candidate at
previous gad= she. Jahn A. Hyman was not my
general for conducting. the affairs of
the list eleetimalleri had particular managing agent on the
committee*. (Letter bonded to witness.) This letter wa-
written with my seactios. It is Wined by Mr. Bygrave, and
is a protest on behalf of the committee, addressed to the
town-clerk, spinet being called on to lodge so large a sun
se 2001. for polling booths. I have paid hills at pee
Timis elections, but I dont know that they were in-
curred by Bygrave. I paid bills cis a former
occasion beams' I believed they were Warred by a
committee which was entrusted with the conduct
of the aketion. Hyannis refused to act generally for me at
the last election. Mr. Tomlinson had no appointment to
conduct the affairs of the last election. Several gentlemen
undertook to act, but I can't give their names. I can't say
that Tomlinson was one of them. He might or he might
not have taken an active part in my committee-room, and I
don't believe I had any communication with him during
the whole of the election. I know the house where
the committee met, and I might have seen large
handbills outside, having printed on them " Dick and Wad-
dingtos's Committee Rooms." I do not know that "No
Popery " was as them at first, but you know more about
this than I do. I know more of the outside than the in-
side of the house, having been about twice in it. I suppose
that I presumed that they were acting in my behalf or I
would not have gone in at all. What they were doing I
did not want to know, nor did I ask any questions. Mr.
Tomlinson, with various other gentlemen, accompanied me
in my canvas, through the town. I do not think
he went with me to tho surrounding villages.
He might or he might not ; but I will tell you who went
with me,—Mr. Harrell. I don't recollect Mr. Tomlinson
and (Norge Codd being at a supper at Bteepler where I was;
I have been at so many places that I can't recollect one from
another. Mr. Tomlinson did not accompany me to a great
many suppers ; certainly not to eight or ten in one evening
in the town of Maldon. I could not swear that he did
or did not accompany me to any. I have a
recollection of seeing him very =wilt, and he I
might have accompanied me to some suppers, but
I would rather not swear it. I did not go alone to the sup-
per, for the other candidate was with me. I was taken
about with the other cans.idate in the dark, and who took us
about I can't my. When I got into the room I don't think
I saw the faces of those accompanying me, because we were
in the dark until we got into the room, where we had to push
our way with difficulty through the crowd, and take our
places at the head of the table. I recollect
the evening when there were a great many suppers taking
place in the town—indeed I shall forget it. I started
from the Blue Boor, where I was living, to go to those sup-
pers; but I cannot tell you the name of any one person who
name with me. Upon my word I can't tell at whose expense
1 supposed thee, people were supping. I can't exactly say,
but I suppose, the purer of the house, that is, the publican,
gave an entertainment to the electors on speculation as to a
chines of being paid by somebody. (This answer caused
much laughter, which the judge only suppressed by threat-
ening to clear the court.) I don't know who paid the ex-
penses of suppers at former elections. The act of parliament
passed in 1842 is a very stringent act with respect to
treating by candidates or members of parliament, and you
will not be ablo to get out of me any answer which may
implicate inf.—No conversation pared between me and my
friends relativiito this eating and drinking. I can't rew6
legit I maid that I hoped they had everything they required
on those occasions. What I said was that I was highly flat-
tered by their inviting me to so jovial a meeting, and I
hoped they would all vote for me at the next election. I
did not tell them they would have to pay for themselves, I
for that would be an unusual compliment to pay to peo-
ple who had invited me to as entertainment. I gave
Mr. Bygrave some money when I arrived here to pay the
legal expenses of the election. After paying the expenses of
the hustings, about which I had a dispute, you paid me over
a sum of 131., which I was overcharged. Bygisve paid for
the hustings and my hotel bill with the money which I gave
him. I kept • book with-has, which was Waned, but I
don't know that I have It now. Election a^counts are not

pleasant thing. to be looking at, and I believe it hu lighted
a fire. After I took the balance from Mr. Byways,
it was paid over to a common anent for both Mr. Wadding-
ton and myself.—JamesJantes, Esq., of 7, New Pal ,ce-yard :
I bad no agreement with Mr. Waddington as to the payment
of our joint expellees. We had not • joist committee that I
know of ; on the contrary, there was to be no committee, for
the express purpose of not rendering us, the candidata.,
liable to any of the penalties under the Act of 1842. (Om
meting cords handed to witness, with his name and M.
Waddington's engraved on them.) I don't know how these
cards, with our names appearing jointly. are to be paid. I
suppose Mr. James paid for them. I know I n paid
anything. Since the election there has been an agreement to
pay a sum of money to a joint agent, but previous
to incurring expense there was no agreement aboutpayment.
Mr. James has got money to pay for us equally. There
were used on the occasion of the election, but it never
to me to form en idea as to who was to pay them.
There was no communication made to me about paying them
I thought they would be paid, and that if the candidates
did not pay them, somebody else would. If I was to form a
supposition en the matter, I would say they were to be paid
as was usual on former ocoesions—namely, without the
knowledge of the candidates. They were partly paid
out of my purse on former occasions. I do not
acknowledge any committee that I could leave the manage-
ment of those things to. I did not suppose this matter of
the Barmen's eeness would be managed as on former oc-
casions, and I will tell you wh3. When Mr. Waddington
and myself arrived in Maldon, sassmbled all the gentlemen
who had acted as my Meade on former occasions, and I told
them that singe the previous general election an act had
pared, stringently directed agast treating, and things of
thee kind, and I requested them to be particularly cautious
not to bring either Mr. Waddington or myself within
the Kope of that act. They promised to comply with
my wishes, and I beard no more of the affair. I never
said the fault of the accounts beintuniettled lay with Mr.
Waddington. I might have said I was ready to pay my
share, and I attribute their non-payment to the scandalous
and immoderate charges they contain. lam quits reedy to
pay my share of any demand which Is for legal ensues
and moderate in amount. Cadd frequently went about with
me during my =van and I do not think It would be an
unreasonable impression if people thought ha came
from me when giving orders about the election.
I do not think many of my quondam friends called
on me about the payment of those Mr. Codd did call
on me, but Mr. Hanley or Mr. Tomlinson did not. The
chief conversation that Codd end I had was sate who Hales
was. I told him I never recollected seeing hint at the elec-
tion. 11611 swear that I did net attend at 25 public homes
at Malden with my friends. A great many booms might be
open. but I did not go into them. I went to Hatfield, to
Tollebury, and to places for seven miles reload Maldon.
, I think I went into about tea in Malden. I formed
se opinion es Is whether my Mends were obeying my
whim as to soden by having them houses open. I did not
ass the punch brought is in pallfah. I conceder my honour '
erased be the payment of NM of those bills of moderate
ussens, bun *we ere several that neither honour nor any
ease ownidendos odd induce se to pay.
The preddlos Iterrinw said that it was now nearly half.
pot six e'elsolt, sad it would be impossible far him to pre-
ened farther that day, he should therefore adjourn the
feather hearing of the ore to the next court day for Maiden,
which would be the 30th of blank.
1 Mr. Dick having again applied for expenses, which he
said, Unmated, be would give ia charity,
Mr. Digby opposed the application again, and examined
the insolvent's wife, Margaret Helm, who deposed that the
first person she spoke to about opening the house for the
B nes was Mr. Temlinsen, at Dick and Waddington's eon-
mittee-recoa. He said that Mr. Codd would all on her, and
when that gentleman came she asked him what she should
get, and be told bar three or four legs of mutton, and three
or four pieces of beef. He said he would send 30 or 40
colour men to the house, and if she brought in her bill in a
day or two he would pay her.
The Judge, however, decided an leaving the question se
to the alpinists claimed by Mrs DM, until the witnesses
spoken of by Mr. Digby were examined, and the court ad-

ASSIZE INTELLIGENCE.
NORTHERN CIRCITIT.—NIWCASTLI, Fon. 22.
The judge* of satin arrived from Carlisle last evening,
and after attending, 'Moine- service procieeded to take the
business of the town and county of Northumberland.