The Express.
London, England, 1851-02-22 00:00:00

COURT OF BANKRUPTCY.—YESTERDAY.
Berme Ma. Comill.SONf 1 iiOULOYD.
IN TIE BTRNI.—EMIORATION TO NATAL.
This was the certificate meeting in the case of J. C.
Byrne, described as an emigration agent, of Sun-court,
Curnhill.
Mr. Green, who represented the assignees, said he was
instructed not to offer any opposition at all to the bank-
rupt's certificate le Mg granted. 'they thought that Mr
Byrne had done all in his power with respect to the emigra-
tion, and that the entire fault was either with the local
government or the government at home. There were cer-
tain grants of land which had been made at Natal by the
bankrupt to the members of his family, and in the event of
the estate turning out well, the assignees had no objeetion to
thine being confirmed.
The Commissioner—Han not mina information been re-
ceived from the colonies recently?
Mr. Green—Not a line, 1 belieee.
The Commissioner—l understood that some had come the
other day from Natal ?
Mr. Green—The official assignee has not had tiny.
The Commissioner.—lt must be very mistrial to Mr.
Byrne. The next mail might bring the certificates of lu-
cation of the emigrants,
Mr. Green.—Nothing has arrived at present, but the se-
cretat7 of the commissioners has promised to forward me
the earliest information.
Mr. Linklater, who supported the bankrupt's application,
said that Mr. Ilalkett, the trade assignee, had authorised
him to say that he was entirely satisfied with the conduct
of the bankrupt, and concurred in his application that his
honour would be pleased to grant him a certificate of the
first elan. The assignees had shown no indisposition to in-
vestigate the affairs of the bankrupt.
His Honour said that some allusion had been made to ,
the grants of land made by the bankrupt in the colony. :
Mr. Linklater said it would he conceded that the bank-
rupt, up to the period when these grants were made, and
indeed up to a very much more recent date, had every
prospect not only of paying his creditors 20s. in'
the pound, but. of making a very ample fortune
for himself ; and being in that position, he had
legally and morally the right to secure any. property',
which he might possess to those in whom he was interested.
It appeared that having had a promise from Earl Grey of
property of the value of 0,700/., and being in anticipation
of that grant from government, as a bonus for the exer-
tions he had mule in promoting emigration to that colony,
he had sent out directions to his agent, by various vessels, ,
to allot particular portions of land, not very large in quan-
tag, in favour of his wife and children. The whole instruct;
tions were that then allotments should not be made, except
out of land so to be given as a bonus by the government.
By the Washington the bankrupt sent out order, that 100
welt of land should be reserved for one of his children and
100 acres for another. Similar directions were sent out by
the Dreadnought and other vessels for the allotment of
small plots of land for his wife and other members of his
family. The first four or five of these had gone out at a
very early period, indeed, in 1840, at a time when the
prospect of emigration were certainly most flattering, and
the bankrupt being, as it were, under the fostering rare
of the government, thought he hail secured a very ample
provision for himself and for every member of his family.
But for the very unlucky incident of the disturbance', at
Natal, tho bankrupt at that hour would have been in a po-
%Rhin to realise all the expectations he had formed. lie
was quite willing to pleglge himself in any way which the
court could suggest with respect to these grants, so that the
property might be divided amongst his creditors.
'lite Commissioner—You are willing to put these lauds at
the (Lavin' of the assignees ?
Mr, Linklater—Quite to.
The Commissioner—And I understand the, are not at
all disposed to interfere with those grunts provided the estate
turns out favourably ?
Mr. Linklater said there were advieea from the colony is
that morning's papers which were very flattering.
The Commissioner—But no advises regarding this parti-
cular matter ?
Mr. Linklater referred to the paper, and quoted the fol-
lowing statement:—" The accounts from Natal come down
to the Gth of December. Wheat had been grown both near
D'Urban and Fietermauritsburg. The government had
laid out a new village in the Upper Umganie, end 23-acre
lots had been sold by public sale at price, varying from 101.
to 20/. per lot. The main street was on the road to the so-
vereignty, A number of householders had petitioned the
resident magistrate at D'Urban to convene a public meet-
ing for the purpose of forming a municipality. Arranges
meats had been effected for affording facilities to cotton
growers. and ginning and packing would be done not only
ut D'Urban, but also at the new villages of %'erulam, Rich-
mond, and l'inetown, and eventually at Pieterinauritzburg.
The last of Mr. Byrne's emigrants (those by the Emily and
the Devonian) were settling On an estate called Harmony,
on the Illovo. The new village of Pinetowu was proceed-
ing favourably. and the price for sections (of 132 by 264
feet each), which had been selling at 20/., payable at periods
extending to five years, had been fixed at the same value,
payable in cash at six and 12 months." This showed the
increasing prosperity of the colony.
The Commissioner—The certifieates of their having
located those emigrants may possibly have come by this
very despatch.
Mr. Linklater—No ; I think it would take some time
before that could be done.
The Commissioner—That seems to have been the cause
of Mr. Byrne.' difficulties.
Mr. Linklater—No doubt ; it locked up this 14,0001.
The Commissioner—ls it all deposited ?
Mr. Linklater—The whole of the 11,000/.
The Commissioner—l have looked through the COrm
spondenee bearing on this case, as contained in the par-
liamentary blue books ; and I collect from it that Mr.
Byrne was a gentleman who has taken much interest and
devoted much time and attention to the subject of national
emigration. He had delivered lectures on the subject, in
various parts of the country, and at a great expense
to himself. I also find that he had a personal knowledge of
the fertility and general adaptation of the district to the
purpose of emigration, as he had visited the colony in 1843
or 1814 ; and he afterwards publisheda pamphletcontaining
sonic valuable information thereon. Further, that he felt aatisa
I tied that it was quite possible for him to divert a portion of
the emigration which was going to the United States of
America, of persons of small capital, to this interesting
colony of Natal ; and that the proposal received the entire
approval of the secretary of state for the colonies, Earl
Grey. A very considerable sum of money was deposited
here—as appeared by the balance-sheet, 14,0001. ; then, by
an arrangement made, a certain portion wax to be returned
upon certificates coming from the colony of the emigrants
seat out by Mr. Byrne having been safely landed and located
properly in the colony. And I understand the absence of
those certificates is, in fact, the cause of the unfortunate
• position in which Mr. Byrne now stands. Cer-
' tsinly, it is a very melancholy thing to think that
the tint endeavours of this gentleman to foster
emigration to Natal should have ended in such misfortune
to himself. At the same time, after what I have heard on
the part of the assignees, and also from Mr. Linklater on
the part of the bankrupt, I feel no difficulty whatever—on
the contrary, I feel much pleasure, at its being in the power
of the court to grant Mr. 'Byrne a certificate, as of the first
dui; and I hope he may be enabled to recover from those
[ difficulties, and to occupy that position which he might
! naturally have expected to attain through the undertaking
—1 may call it almost the national undertaking—in which
he had engaged on the part of the government. For the
government were evidently very anxious to have this pro-
-1 ject carries! oat by individuals, as they could not allow any
, sums to be awarded from the national treasury in aid of
emigration; and it was only through the exertions of
individuals that the colony of Natal was likely to receive a
white population, for it appears, in fact, by this correspond-
ence,
that at one time the anticipations of government of
having it peopled wholly by Europeans were likely to be
defeated, and there was every probability of a black popu-
lation entirely possessing the colony.
Mr. Linklater—Mr. Byrne is very much indebted to your
Honour ; and I have no doubt those observations will be of
great benefit to him in after life.
The Commissioner—Then I understand that as to the
grants there will be some memorandum made, so that those
grants may be at the disposal of the assignees ?
Mr. Linklater—lf your Honour pleases, I will take care
that such a memorandum is put on the proceedings.

COMMISSION SIGNED BY THE LORD-LIErTENANT
OF LANCASKIIIIL—Le Oendre Nichols& Starke, jun., Esq.,
to be deputy-lieutenant. —Goodie.