The Express.
London, England, 1851-08-11 00:00:00

CRICKET.

ARRANGEMENTS FOS. THE WEEK.
TIM DILL -

The day and to-morrow *SI"; occupied at Canterbury with the
Kent and Englnd mach. Wednesday, should that match be
inisbed on Tuesday, will see I Zinpiri In all their pudy drama com-
peting with the Gentlemen of Ken; and ihurnay, Friday, and
Saturday, will be engaged be the Litter Eleven, who will give their
annual meeting to the Gentlemen of England.
The eleven' wined for the two matches are as follow :
KIST T. Exakels.—Kent. —N. Pen, A. Upon. Eve.,
Adana. Clifford, liillyer, Holland', Martinet, Pike, W. niels, Wen.
Wiltdiire.
EngLnit.—W. Nkoleon, El., Dos, Cady*, Jelin Coen. Chatter.
tae, Ceske Deea, Grandy, Oay, Parr, Wades.
OINTLIMISII or HOOT v. GENTLICIFILN or ENOWll4—Kent.—W.
Andrews. Esq.. H. Brenchiey, Esq., Captain Dickens. N. Fein, Esq.,
Y. Fredericka, Pet, A. Myna, Esq., Captain Norton, W. Norton, Eel.,
Ceptain Menden, H. Peel, Em., 8. limith, Esq.
Engend.—lloa. N. Crimean, Hon. 8. POF.O•blt BloyekEwt,
J. Chitty, Era.. H. Fellowee, Esq., E. Hamm% Esq., C. one,
Esq., W. N/Oholaoc, Esq., E. Bonn, Fag., C. Truk:roil, Esq., 0.
Toine,
At Canterbury.—Kent v. England.
At ihrminghatn.—Eirrainglum, with Arnold, v. Banos, with

v. Peckham Rye.
en.—Robln Hood Club v. Pied Battalion of

At KeennW New
Scotch Feathers.
To.roanow.
At Cantettiory.—The above match cotebnied.
At litnntngham.—The Owe snatch conttnued.
At the Oral.—Surrey Coke v. Blackheath Pandat.
At Stannove.—Stantaore v. Harrow Town Club.
At Bradford.—Bradoed v. /Webley.
At Beale, Keeth.—Braley v. Lewisham.
At Narthanaptow Arma—aty Club v. Streatham Club.
At Wood Omen.— Poulterer, v. rubtoongera.
WILIMISDAY.

At Canterbury.—l Z lurid v. Gentlemen of Kent.
At the O.J.—Surrey Club v. Carlton.
At &mu Wm—Vino Club v. West Kent.
At Walttun.green.—United Citizens v. Butchers' Club.
At Tarnham-green.—Turnbatuirreen v. Hounslow.
At Eton.—Eton Junks. Club v. 'Lupton Junior Club.
_ TUMMY. _

At Canterbery.—GettGeme;:flfm;;;.. Gentlemen of ruined.
At lad'..—The Mors of the TIM We Guard' V. the Charter

The Mee win b. :
TbLtle Osarde.—Vireormt Thopplin, Lord F. Gordon, Woo. R.
Beckley, F. &aunt, 6q., H. Crawley. Zan.. IL
01tabraita fteweleld. WYwlllaw4 Fen, F. Wawa, Feq,
The
Per au BreArced, Esq., W. Dogger, Zan, W. Bay-
ug P. L.% , A. Ceeley, Esq., C. Oolle, Zeq... L.
Meer, Saw P. !.seas, Erg, W. Paraab, Lc., B. BMW" Zees
Veen;
The astreette• dies mask will be seaddeeably Mom =
et the tell bred tbs memoir. elle play teem
it Ball battiest ell *Meek. nen BR she boos baseetwes •
amerem ellsadmee et Os MOW et dr elleir• sal emir kin&
As Pleekbeetta.—Dartneulb Cbab v. Wet W.
at Ilebtkpin.—llevs• at MONA v. Tweeepates ellloadapples.
lbw wt. be the supectlse die
Tie liesb.—Aadereatt. Ogg% Ade deur, Clarke, Day,
lawftegell. Parr, Mein.
TY Berl of Smaiwleb, Lase Illeirpe. die Ms. G.
lltatellaewAviit
.44se. Akins, Bans& Birth. IlliMims4 T. Chow,
Diver, Gireb, Lereslbespe. Pens^ lbenneWer
errine,gailh. Ude, W. TboThill, Wreak. iribra/rlh

YNDLT.

At Caateltr7.-214 slim 'Utak iiadmeL
At Haadaitim—The Awe nab tonlimel.
iiMPIIIAIN
At Natonmf.—TY• Om usielt soilaimL
At llitatiogisr—The arm malt ilmiold.

Rain Intelligence.

EQUITY COURT.—SATURDAY.
limas VierW7naxcat.toa Ilisneer Baum
Ea FIAROOS O'CONNOR, IN THE MATTER OF
THE NATIONAL LAND COMPANY, AND OF AN ACT TO
DISSOLVE THE SAME, AND IN THE MATTER OF THE
WINDIVI-UP ACM
•• _ _

..... .
This was the petition of Mr. Feargus O'Connor, late of
Notting-hill-terrace, but now of No. 16, Great Windmill-
street, stating, that in 1815 the Chartist Co-operative Land
Society was projected, and was provisionally registered in
1846, under the statute 7th and Bth of her Majesty's reign,
under the title of "The National Land Company; " that
by the deed of settlement of the company the object was
declared to be the purchasingof land in various parts of the
United Kingdom, and erecting thereon dwellings to be al-
loted to the members, and the raising of a fund out of which
sums of money should be paid to the members, being allot•
tees of land, the capita of the company ; that the capital
should be 130,000/., in 100,000 shares of 11. 6e. each, which
was atterwarde expressed to be 195,0001., in 150,000 shares
of the above amount each ; that by the act which received
the royal assent oa Thursday last, the 7th of August inst.,
the company was absolutely dissolved : and it was thereby
enacted that the Court of Chancery should, on the petition
of Mr. Fergus O'Connor, his heirs, executors, or adminis-
trators, or of any subscriber to the company, or any claim-
ant against its assets, make an order absolute referring it to
one of the masters of the court to wind up the affairs of the,
company; that no advertisement but one similar to the one
required by the Winding-up Acta should be necessary.
The petition then stated that Mr. O'Connor was desirous
that the affairs of the company should be wound up, and
prayed the some accordingly.
Mr. W. 11. Bennett supported the petition, and requested
that the reference might be sent to the vacation mashy..
His Honour made the order.

The sitting of the court was in the private room, the
learned judge consenting to take all such matters as were
unopposed and of a pressing nature, the delay in hearing
which until after the vacation would have occasioned very
great expense and other inconvenience.

JUDGES' CIIANIBERS.—SATURDAY.
Burma Ms. acmes, Carmen..
SIIECCARD r. Stu DEOROE DE LA POZR BEAUFORT.
DADC-OrEItATION OP VIE IRISH INSOLVENT LAWS IN
ENG/ANIL-IMPORTANT DECISION.
This was an application for a discharge from the custody
of the sheriff of Middlesex, upon the ground that the de-
fendant, Sir George de la Peer Berestord, had been dis-
charged from the debt for which lie had been arrested by
the Insolvent Debtors' Act in Ireland.
Mr. Lewis, of Ely-place, who applied for the discharge,
stated the facts. fhe defendant was a prisoner in the
custody of the Sheriff of Middlesex, having been arrested
upon a ca. sa. issuing out of the Queen's Bench, for a
debt of 1,4261. The defendant had been a prisoner in the
gaol of the Four Courts Marsha lsca iu Ireland, and while
there he had filed a petition in the Insolvent Court in that
country, on the 7th Sept., 1813, and having been three
times before the court, was opposed by the present detain-
ing creditor on each occasion, hut was finally discharged
on the Uth May, 184.5. Ile then came to England, and for
the most part since and during the last fifteen months had
resided in this country, during which period he was again
arrested by the plaintiff, who believed that the discharge in
Ireland could nut protect the insolvent debtor in England
front a judgment obtained iu au English court upon the
same debt.
Mr. Gibbons, for the plaintiff, referred to the clause in
the Irish act, which declared that it should not extend
to England or Scotland, except where otherwise declared.
Mr. Lewis said that there were express decisions on that
point.
Mr. Justice Patteson, after looking into the cases, ob.
served that the question was whether the Insolvent Act
in Ireland did not discharge the defendant from this debt.
If that court (the Queen's Bench) did not discharge him, no
one else could.
Mr. Gibbons contended that the Irish act merely applied
to Irish judgments, and the defendant being a prisoner in
Ireland had been duly discharged from that judgment
but the process under which he was now in custody was
issued out of an English court at Westminster, which the
Irish Insolvent Act could not touch, as its operation was
expressly limited to Ireland, except where otherwise
expressed.
Mr. Justice Patteson, after looking through the act, ob-
served that it vestal the English property of the defendant
in the Irish assignees.
Mr. Gibbons contended that the benefit of the act to
which the insolvent had been declared entitled in Ireland
only applied to the Irish judgment, under which he could
not be arrested in England. The " benefit of the act " sig-
nified protection from arrest in the country in which the
process could be enforced. There was not a single word
thatshe should be 'Protected from process upon an English
judgment. The debt was not extinguished by the discharge,
but merely the operation of the law suspended in Ireland.
After some further discussion,
Mr. Justice Patteson said it was clear that the Irish In-
solvent Debtors' Act vested all the defendant's property in
England in the Irish assignees for the benefit of the cre-
ditor=, and it would be monstrous to suppose that when all
Isis English property was taken away that he was not to be
protected here. If the act was permitted to operate upon
Irish property only then he could understand why he
should not be protected in this country. Ile (Mr. Justice
Patteson) was obliged to act as the statute directed, that if
the insolvent was arrested he should apply to ajudge of the
court out of which the process issued. The defendant
would therefore be discharged.
An order was accordingly made out for the defendant's
liberation from the custody of the sheriff.

COURT OF BA.NKRUPTCY.-SATURDAY.
tl~:rose Me. C0N111.610,1111l Fu.eucoct.

IN ILE BAVIN.-FORCED SALES.

This was the lia4exattinaiiOnnCetingiiithe case of J.
Basin, draper, of Wisbeach.
The report of Mr. l'ennell, the official assignee, showed
that the bankrupt had commenced business at Brandon' in
September, 1848, with a capital of 8511., vouched by his
banker's book. On the Ist of September last he sold the
whole of his stock in trade, book debts, furniture and ha-
wses at Brandon fur 2,2061. 14s. Gd., and removed to Wis-
beach, where he continued till the bankruptcy. The
balance-sheet, prepared by Messrs. Mackillop and Young,
of Bashwhall-street, commenced on the Bth of September,
1813, with the above capital of 8511. ; the unsecured credi-
tors amounted to 5,3181.; the profits were, at Brandon,
5631. ; at Wisbeach, 5801. The assets consisted of—Cash
given up to the official assignee, 981. • good debts, 307/. ;
stock in trade, furniture, &e. (realised) 2,4171. ; freehold
house and cottages at Northwold, 745/. (mortgaged for
6621.) The expellees, partly vouched and partly estimated,
consisted of—Business and domestic expenses, 1,6851.; ditto,
at Wisbeach, 1,0611.:; loss on sale at Brandon, 1881. ; ditto on
forced sale of goods through Oliver and Thomas, 021. ; ditto
on sale of freehold house and cottages atNorthwoltl,277l. ; ditto
on sale of property by the assignees, 9981. The assets given up
amounted at cost price to very nearly 15s. in tha pound.
The assignees were however very dissatisfied, as the bank-
rupt, by not keeping proper books, had rendered it impos-
sible to test the accuracy of his accounts, particularly his
profits. There was nu cash-book and no ready money
takings book, except from November 1850 to Msy last ;
during the rest of the time the takings were kept on sheets of
paper which were not forthcoming. The bankrupt had
also been in the habit of sending goods for sale to a Mr.
Burton and others, but there was no entryin the books of
the goods so sent, nor of the sums received as the proceeds,
the amount of which was estimated in the balance-sheet.

Mr. Linkleter supported the bankrupt.
Mr. A. Turner (of the firm of Sole, Turner, and
Turner) for the assignees, opposed his passing, on
the ground of the imperfect nature of the ac-
counts, and said he was prepared with evidence to
show that the bankrupt had carried on the system of forced
sales to a great extent in many cases obtaining advances
beforehand. _ _ _ _ _ _ _

Mr. Burton, auctioneer and valuer, of Broadway, Lud-
gate-hill, deposed that in November last ho began to have
dealings with the bankrupt. Had first met him at East-
bourne, where he had gone to buy a drapery stock, of which
the bankrupt bought part. He afterwards sold some of
this stock for the bankrupt. Had not kept the letters that
passed between them. Ile got the goods by rail from East-
bourne. Afterwards be found that a lot of goods which he
had bought of Mr. Oliver, the accountant, belonged to
Barbi. Ho bought those goods at 42 per cent. discount,
the purchase money being about 1001. His next trans-
action was for 1291. fly. 7d., goods sent up to him for sale
from Wisbeach. Bankrupt attended the sale. No instruc-
tions were gives. Had not any of the letters ; he never kept
any; they were of no use to him; was in the habit
of tearing up or burning his letters. If an invoice
came it was kept to ace whether the goods corres-
ponded, and then destroyed; they :were of no good to
him. When the goods came from Wisbeach they were in
trusses. Would swear he bad no invoice of those goods. In
one of the trusses ho found an invoice of one of
the wholesale houses, and sent it back. lie thought that
very singular, but could not infer that the goods had
never been taken into Bavin's stock. There was a differ.',
ence in the mode of packing. The sum total of his
transactions with Ravin was 1,6251. 105.71. That was
the amount realised. Ile hail received no invoices, except
a bare statement of the number of yards or so on, without
any price. He sold for the best price he could get.
Many drapers sent up stocks to him in this way, but he
never kept their letters. The goods, on arrival, were en-
tered in his sale-book, the prices at which they sold were
afterwards added, and an account sent to the party send-
ing them. Had been summoned to this court before in
the case of Swan, of Camden-town—a very bad case.
Had bad transactions with Gerald Burton, but did not
come before the court. Had seen the bankrupt twice or
thrice since his failure. He called on witness about a fort-
night after. He asked bow much witness had sold for him,
and was told 1,508/. ; but the real amount was
1,6'25/. This was a mistake. Had had no conversation
with the bankrupt about his letters. He once asked, "Did
I ever send yon any accounts ?" and witness told him the
only accounts he had sent were of the quantities of the
goods. The general tenor of his letters was—. I send you
two trusses, or a box, or a parcel." The goods came to him
from Wisbeach, but would not swear some of them did not
come from New York. Could not swear they had ever been
in Bavin's shop. He never inquired of the carriers where
they came from. He paid the carriage without inquiring
where it was from, as it was a matter of indifference to him.
The bankrupt's name had been erased from some of the
trusses, but he could not tell from that that the goods had
never been unpacked in his shop.
The Commissioner—What was your impression?
Witness—l never thought about it.
Tho Commissioner—Then you are a very thoughtless
person. You might run the risk of getting kohl of stolen
goods.

Witneaa-1 regarded Mr. Flavin as one of the moat re-
spectable men in Cambridgeshire. I advertise for drapery
stocks for sale.
Mr. F. W. Thomas, auctioneer and valuer, Leadenhall-
street and Welbeck-street, deposed that he made advances
on all kinds of goods where the parties were respectable.
Had never been summoned to that court before. Had had
two transactions with Bavin, on the 26th and 27th of March
last. He called on witness in Leadenhall-street. Gocds
were sent by rail from Wisbeach, in a box ; a second parcel,
be thought, came from London. On the arrival of the first
goods be made an advance. No price was sent, only the
quality. After the sale Basin said there had been been a
profit of 17/. or 18/. ; he attended the sale. Witness's com-
mission was 71 per cent., including the interest on the ad-
vance. The first transaction was 2311., the second, 2541.1
The latter was a job-stock, bought of I'arrinton and Lad-
bury ; they were not new goods ; some were about 30 years
old. The first were new, they consisted of silks. Witmer'
advanced 1501. on the first lot, and paid the difference by
cheque. He regularly made advances to drapers, some-
times before receiving the stock, to wholesale as well
as to retail houses. Occasionally he made advances
on bins of sale and warrants of attorney. Letters might
pass between him and Basin; but unless there was any-
thing special he should not keep the letters. The general
effect would be " Please receive herewith a certain quan-
tity of goods." had heard that the bankrupt bought the'
second lot of goods at 62 per cent. discount, but did not
know the profit arising on the sale.
Mr. Turner asked for an adjournment, stating that the
balance-sheet was very imperfect, that additional goods
accounts were required, and that some of the boas and
papers, including the letters to Burton and Thomas, were
not forthcoming. There had been one adjournment at the
expense of the estate; this ought to ix, at the bankrupt's
expense, as he must have known that these accounts would
not be satisfactory. He only estimated his profits at per
cent. upon transactions to the amount of 13„0001.
Mr. Linklater, for the bankrupt, urged that the accounts
were sufficient.
His Honour thought the bankrupt would not like to go
to the et rtiticate meeting with such a tend uncleared up.
The bankrupt was then examined. In answer to Mr.
Turner, he said he had kept a day book, bought and sold
ledger' banking book, cheque book, and daily takings book.
Had kept no cash book, as lie paid and received everything
by. cheque. The books given up did not disclose may-
thing as to his receipts, except the daily takings in
the shop, and some of the bills. lie kept other
books of receipts, little sixpenny memorandum books,
which he kept in his cash-box, and entered the
money he put in there. When one of them was tilled, he
saw uo more of it. They were put its a desk, and the lad
took them up stairs. All was given up except these hooks
and some letters. Had been in business at Itr.uulun before
going, to Wisbeach. Had not taken stock at the latter
place. The letters from Mr. Burton and Mr. Thomas could
not bo found. The goods he had sent to Mr. Burton for
sale had not all been into his stock ; perhaps about 2001. worth
had not. The goads had been bought, but not for the pur-
pose of getting an immediate loan en them. Ili• he lieved
those that went unpacked to Burton were bought from
Jones Brown and Co., of Manchester. Never sent any of
the invoices of wholesale houses to Burton that he knew of.
Tlio accounts rendered to him by Mr. Burton were not
forthcoming. The money he received from Burton and
Thomas went into the bank; a great deal of it he never
touched. The account of goods sent to Burton, as well us
the account sales, had been mislaid. About three weeks be-
fore by bankruptcy an accountant was sent down by
Messrs. Bradbury to take his stock and ascertain how he
stood. Had paid 1001. of the money he had received
from Mr. Burton to Messrs. Butcher and Bard, of Ely. Ile
had sold stock to the latter !MUM, to the amount of 256/.; had
also sold them a horse and gig shortly before the bankruptcy.
His Honour said lie dig not Svc how the bankrupt could
pass his last examination' tin many important papers being
lost, and the transactiunsbeing such as to deraand the fullest
investigation.
Mr. Linklater said Ito would not oppose an adjournment,
but thought the bankrupt was entitled to an allowance.
Ile had given up a great amount of property ; at first three
guineas a week had been allowed; it was discontinued at
the last meeting, because the accounts were not ready.
His Honour said a small allowance might be nude, two
guineas a-week, without prejudice as to Mr. Commissioner
bioulburres ultimate decision as to the allowance, the case
being one in Iris court.
Ultimately the examination was o,djourned until the Bth
of November.