The Express.
London, England, 1853-09-30 00:00:00

Raba lintelitgente.

COURT OF BANKRUPTCY.-TEITERDAY.
161,0.1 MIL Conntallol,llll UOLIOTU.

IN ill KING —Tun ISLINGTON CATTLE
This was the tint meeting in the bankruptcy of Henry
Kirk, described as • bay dealer, late of Portland-terrace,
St. John's-wood, end formerly of St. James'snquare. Ile
bad been made bankrupt as • bay dealer, in consequence
of :hie having acted as • director of the Islington Cattle
Market Company, for whose debts he had become liable,
and was now in custody. Only two creditors appeared to
prove their debts. Mr. A. G. Poolev, merchant, of Nicholas-
was chosen trade assignee. The
lane, • creditor for 7,8091,
liabilities of the bankrupt are considerable, it is said
between 20,0081. and 30,0001.; the amount of assets is as
yet uncertain.
Mr. Lewis applied for the discharge of the bankrupt
from custody. He stated that he had been made bank-
rupt on debts due from the Islington Cattle Market Com-
pany, that the property of the company still existed, and
night yield • good dividend.
Mr. 0. C. Smith opposed the application on behalf of
certain creditors. The bankruptcy was merely • collusive
one ; the cattle market had never come into existence ; it
was an abortive scheme, and the property bad been taken
by the mortgagees. Vast sums had been borrowed, and
there was not a single director who could pay a farthing.
A petition to annul the bankruptcy had been presented,
but it had not yet come on for hearing.
Mr. Lewis contended that the bankruptcy was bona fide.
Another of the directors, named Westbrook, had been made
bankrupt on the same state of facts.
Mr. Smith said he had also presented • petition to annul
that bankruptcy.
His Honour said as there was • bona fide intention to dis-
pute the adjudication by petition, the party ought not to be
discharged in the progress of that inquiry, without giving
satisfactory security, in the event of the bankruptcy being
annulled. . .

Mr. Lewis—What amount of security does your Honour
think will he necessary ?
Mr. Smith said he was charged in execution for nearly
10,0004 and the Security ought to go beyond that.
His 11011011 T said in that cue perhaps the best course
would be to let the application for discharge stand over
until after the hearing of the petition.
Mr. Lewis consented to this course.

INSOLVENT DEBTORS' COURT.-YumiDAT.

Envois M..

iIVIIPIIT.

IN ZS

In this case an application was made for bail till the
hearing in November. One of the proposed sureties was
the insolvent's attorney in this court, and the attention of
the learned commissioner was called to the fact by the Re-
gistrar of the Court (Mr. Clark).
Mr. Commissioner Murphy was of opinion that an
attorney in the ease could not be bail.
Mr. Sargood, who supported the application, admitted the
rule on the subject in the superior courts. He, however,
hoped, as the rule was merely to relieve attorneys from the
pressure of their clients, that the court would not act
upon it in the present instance, as it would put Mr.
Baker, who was a clergyman, to great inconvenience, in
consequence of the ensuing vacation of the court.
Mr. Commissioner Murphy said that as such was the ease,
he would not act on the rule. He, however, wished it to
be clearly understood that the rule would be enforced in all
future cases. It was solely on account of the reason urged
that he soneeded to the application.
The court accepted the proffered bail, and the insolvent
was ordered to be discharged until the hearing.
_ Ix u Wit usat Dcsaan—Jusonzirr.

This insolvent, whose ease was before reported, was fur-
ther heard. Mr. Reed opposed for MUM Capel and
Bramble, coal merchants; Mr. Cooke supported.
The insolvent's son, William Mathew Dunb sr, was
called to prove that the furniture he possessed, in Lacey's-
terrace, Waltrurth, was his own property. Nearly all had
been given to by his uncle, Father Mathew, before he
broke up his elhablielmaimt in Ireland and went to America.
It was urged walnut the insolvent that he had vexatiously
pleaded to an nodes brought by the opposing creditor on a
bill of exchange. Boma Afars had been made, and on the
pirt of the insolvent it was suggested that the action should
have been brought in the County Court.
Mr. Commissioner Murphy gave his opinion on the ease.
He considered that a case of a vexatious defence had bcen
proved. It was, however, one to a limited extent, and the
judgment was two months from the vesting order, the effect
of which would be to prolong the imprisonment till the 10th
October.
Judgment accordingly.