The Express.
London, England, 1846-12-28 00:00:00

Cabo lute Mama.

LAW NOTICES.—THIS DAT.
BANKRUPTCY, Basinchall-Areet.—(SiierHElM.) T. Marsh, tat exam.,
11 , J. Churchyard, last exam., 11 ; Alackie, Holt, and Co., last exam.,
111 ; J. Woodgate, last exam., 114; 11. J. Palmer, last exam., 12 ; W.
Glasscock, certili., 14 ; W. Holk, last exam., 14 ; .1. Eckstein, last
exam., 2 ; W. Mullett, certill., 2.
Meeting of Creditons.—E. Cliffen, creditors to meet assign., 11.

COURT OF BANKRUPTCY—Savuxuar.
Before Mr. Commissioner Goulburn.
THE CHEESEMONGERS' TRAWL—SUSPENSION OF CERTI-
FICATE FOIL THREE YEARS.—IN HE DANIEL BASELY,—
The bankrupt was oppcsed for the assignees by Mr. Cooke,
and supported by Mr. hiss, solicitor. The bankrupt carried
on the business of a cheesemonger at Bolingbrooke.row,
Walworth ; his debts, in the course of two years, amounted
to 1,8361. 6s. 5d., and the assets lodged by the official
assignee being barely sufficient to cover the expenses of the
fiat, and without leaving a single chilling for the creditors.
Mr. Cooke stated that the bankrupt was in a similar posi-
tion in 1843, when his debts were upwards of 10,0001., and
the creditors received about 4s. 10d. in the pound. Upon
application for his certificate it was suspended for twelve
months, chiefly upon the ground of his not having kept a
satisfactory cash account. Now he meant to say that the
bankrupt should have traded with greater caution, and the
more so, as upon his recommencing business, he was 451.
worse than nothing. The balance sheet showed that his
profits for two years were only 2501. 7s. 4d., while his trade
and domestic expenses were 1,2951. 7s. 2., including an
item of 130!. 14c. 6d. for schooling for two young children ;
and his own wearing apparel, 1055 These were the more
prominent points which he had to urge against the bankrupt,
who had been guilty of reckless trading, and as such, in a
moral point of view at least, must be thereby considered
guilty of dishonesty, and therefore deserving the heavy
cer sure of the court.
The bankrupt stated that be kept four books—a bought
book, a day book, a ledger, and a cash-book. For the first
twelve or thirteen months after trading, he balanced his
books onee every month, but he had not balanced his cash
book fir 111 weeks before his present bankruptcy. He
offered to make an assignment of his property for the bene-
fit of his creditors' but they had not accepted it. He had,
since the issue of the fiat, collected debts to the amount of
about 751., including some which he stated to his creditors
to be " bad," or doubtful ; but which since turned out to be
o nod
Mr. Kiss urged, for the bankrupt, that his creditors under
the former bankruptcy had not charged him with dishonesty,
although his certificate was suspended for twelve months,
simply upon the ground that his cash-book had not been
regularly kept.
The Commissioner: The only use of the certificate
to this man would be to secure his personal liberty;
but not having paid 15s. in the pound under his former
bankruptcy, all his future acquired and available property
necessarily passes to his creditors.—Mr. Kiss: It can do his
creditors no good, your honour, to send him to a prison, and
his family to the workhouse.—Mr. Commissioner Gouiburn:
No doubt ; but this court must deal with„him according,to)tis
good or bad conduct as a trader.
Francis Inwell was then called and examined by Mr. Kiss:
He stated that the bankrupt took the premises from him in
the year 1841, when the trade was good. He then had a
lease which he ultimately bought, and he (witness) was paid
2001. for the purchase toward, the close of that year. The
years 1845 and 1846 were very bad for the trade, in conse-
quence of the dearness.
The Commissioner, in delivering the judgment of the
court, said he was perfectly aware that the refusal to
a bankrupt of his fiat must entail upon him certain unplea
sant and possibly penal consequences. But the court, in all
cases, must look to the protection of the trade and commerce
of this great commercial country ; and it was quite clear
that nothing could be more mischievous than to permit per-
sons who had bad previous experience in trade and become
bankrupt, and not profit by it, to recommence business and
go into the world again. I am bound to say that the bank-
rupt's conduct was highly blameable, and that it must be
punished. The judgment of the court was, that the bank-
rupt's certificate be suspended for three years, without pro.
tection.
THE SENATE, TEE PULPIT, AND THE BAL—An insolvent,
named Byrne, a teacher of elocution, applied for his interim
order, with • view of his being discharged. His debts were
abou;sool., and his assets little or nothing.—ln examina-
tion by Mr. Sturgeon, the insolvent stated that he had not

en aged any 'elicitor to prepare his petition, be bad lost
memoranda stating his earnings, which had, however, been
reduced at the close ef the last year to about 2301., which
wen much less than he had been in the habit of receiving
duping previous years.
By Mr. Johnson, for the detaining creditor: I bad no
means of paying, my debts cxc. pt through my professional
earnings.-1 see in your schedule that you put down a cre-
' ditor for teaching you engineering? Insolvent: Yes. In
the cor.rse of the last year I studied engineering, surveying,
and levelling, which I had thought, from the promises made
to me, would have increased my means, but unfortunately
that bill did not then go to parliament. About 201. of my
earnings accrued in the last quarter of the last year.
The interim order was granted, with directions to the in-
solvent to furnish before the next hearing a specific account
of the sources from which he derived his earnings.
iN as Tarrnasame—The bankrupt in this case was
described as a " brewer" at Hampstead, better known as a
coacamsker, and in relation to his connexion with his relit.
tiers, the well-iinown firm at Hyde-park Corner. Several
debts were proved in the course of the day, and, upon the
part of a creditor now out of town, it was sought to prove his
debt upon affidavit, and the more so as it was supposed that
such proceeding would give him the choice of assignees.
The learned commissioner, however, refused the proof
upon affidavit, and the choice was proceeded with.
The other cases set down for hearing were disposed of, but
they possessed no feature of interest.