The Express.
London, England, 1851-01-15 00:00:00

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dust had been sold by the plaintiff on rue hproseuro......as
it was anion d charcoal. If theythigh that it had brim
told as animal charcoal, the plainuft cauld not sustain his
action.
The jury retained a verdict for the defendanu, end hie
lordship reserved leave to move for • new trial should the
plaintle weedy* that there w a misdirection.
[lt is greatly. to be desired coat the sauitary,dootors would
visit the plate in which the term sittings of this court an
bold. Not to speak of the imporsibility of moving about, or
I even procuring standing accommodation, in a court not
larger than se ordinary sized dimarroorn, the misfortunate
prams who are compelled to be in daily aneurisms@ here
are forced to breathe an atmosphere which can only be cow
pared to the heat of the baker's oven with tha odour of the
common sewer. Could not temporary accommodation be
found in one of the newt chancery courts l]

ADMIRALTY COURT.—Yr.sruDAY.
harms Do. LVAIXIMON.
Eltivaoh.—Tit Sanwa.
Tlis was a suit for salvage promoted by two idiot salvors.
The first action woe entered by between forty sad fifty
beechnut belonging to Horsey and Wintertun in the county
of Norfolk, for services rendered the abase vessel off the
Yarmouth coast, from November 28th to December 1.1,1849.
The value of the property gaud was admitted to be about
7,0001., but the full value of the ship and cargo when she
arrived ea the east war shout 12,0001. A second action was
attired on behalf of 430 Gorleston and Yarmouth boatmen,
in the sum of 2,8001,, for services rendered iu preservieg a
portion of the Samuel's cargo whisk floated out of the ship
when she brae up. Erica the facto, as set forth in the pro-
' iseediege, it appeared the Samuel was a brig of 333 tons bur-
nen, with • cap of 760 mike of tallow, and ergo some thou-
rend bundles of lath wood ; she sailed tram Crecetadt on a
voyage to London, in the course of which, ou the morning
of the 28th of Nov., having ought the ground on the Ape-
burgh sand and sprung • leak, which rapidly increased, tae
muter, *her getting her Oast, found it scummy to run the
'hip on the main, which war accordingly done near Horsey.
Tne first set of salvors, wter;were on the watch, then nude
various attempts with the life apparatus to crunat-Acete with
the vessel, but without sum so, and, as they averred, with
great risk to themselves banded Let and took cut all the
crew; they then returued to the heir and worked at toe
pimps until the 30th November, when it being mend
imposeible to get tho vessel off without tighten-
ing her, an agreement wee entered into bet•sen
the salvors and the ship agent relative to dischargies
the cargo, under which they sat about lightening her cad
,ntoceded in petting out 140 casks of tallow, for which
service 12s. per cook tad Oki* been paid. Toe vested was
eventually got afloat and shaman's conveyed to Yerenoeth
by a steam tug, bat unfortunately nit succeeding in getting
into the harbour the furze of the sea broke her up and the
remainder of het cargo fluted oat. 'flee original Mews
held themselves in readiness to save these case, but were
prevented from doing so, uccurdiag to their atatements, by
numerous bodies of Goneven and Yarmouth boatmen, who
forcii.ly drovo them ow ,y cud performed the duty them-
, selves. Under these orcumwanoes both sets of salvors
brought their scions.
The Queen's Advocate and Dr. Jotter appeared for 'he
original totems, am contended their menu being in pones-'
siou when they were forcibly driven away, any reward
which might be awarded for the salvage of the casks atter-
weeds sauder.ust urine to their own benefit, atd not to the
bsnetit of thou who.dispoix seed them. They submitted the
preservation of the susouer cud crow, and be other services
rendered, fatly ea.:hied the °Minitel salvors to a liberal
reward. The cues quoted were "the Hendenhall" (1 Ad
morally Repute, 413), and the Eugene."
Drs. Haggard emu Harding appeared far the second set of
salvors.
Dr. Baylor' (with whom was Dr. R. Phil:inure), on the
pert of the owners of the S emu', cuteuded 4(1'1%14 the
admits ion of a doub.• claim, although they did not deny the
existence of salvage service.
The learned Judge deterred his judgment.

COURT OF BANKRUPTCY.—YESTEBDAY.
Maroon. Mu. C011.11.1..PCM 1101.1101..
IN XI CoLonit OF NATAL.
After the report of this cue, which et peered in yesterday's
Eapress, was des;.Mehed,
lir. Linklater said the bankrupt was desirous to pass his
last examination on the accounts now rendered; and he
believed then wasno ground for as sdjourr meet.
Mr. Oren said the assignees wished for • fortnight or
three weeks, in order that they might further investigate
the accounts. Byrne had become bee krupt on the Sit of
September; some time in October was fixed for the passier.
of his examination ; he thee applied fur time, which was
panted without opposition; end the balance-sheet had
been filed on the 30th of December last, only about • fort-
night ago. It was • very long balance-sheet, and comprised
numerous account,. Tho cash amount was very large,
comprising items to the amount of 36,0001. In the trade
expenses, there was an item of 6801., for of ies expenses,
eonsistieg of rent, stationery, &e. This was for • peard of
&year ands belt, ever which only the balanee-ebeet extended.
The eateries to clerk, were 9691.; wet-ening e XlietileS for
himael, end clerks, 6631.; sundry emigration expentes, being
dinners to reagents on the sailing of ships, and other
expenses, 2431. ; Interest, discount, and commensals, bob! ;
edit rasing end printing, 6631.—making a total expenditure
in the year and a half of 4,0001. The creditors' assignee had
availed himself of the first opportunity of examining the
accounts, and he wished to see the details of all those large
saws. As the bankrupt had had several months in which
Ito prepare this large balance-ghost, the creditors ought to
have • lorthight or three weeks for the purpose of looking
' into the details. It appeared from theleglenewsheet that
there hod been grants made of land at Natal, to the extent of
thousands of acre!, to the wife and infant children of the
bankrupt. It monad also that before he began this sp. cu-
lation—on the let of January, 1849—he was 2,0901. in t,
wital.ut • penny to pay it ; end, although be showed a
grass profit of 2,9981., his expenses in carrying on his triele
tad been 3,927 i, besides I,IIW. of domestic expemis, and a
further sum of 4001., which was not vouched in any way
whatever.
Mr. Linklater said the circumstance of the bankrupt's
comment:in; with a deficiency bed been unnecessarily intro-
duwel, and would easily be explained at the proper time,
not ocly to the tatiefaction of the court, but also of the
creditors. This balance seeet had been filed on the 30th of
December. The official soignee bad been attended by the
bat keno sad his acenuatent; and Mr. Edwards would
report that he was sate& d with the helmet sheet, and that
it was vouched by the books. The solicitor to the anigners,
Mr Orion, bed also represented to the bankrupt end to the
accountant that Le was satisfied.
Mr. Green—Pardon me. Whet I said was that it was a '
better bastes sheet titan we usually maw in those courts.
tie. Linklater said he appeared to have left the matter to
the trade assignee, woo nad tome there with some written
observations lettering entirety to matters that must be con-
sieered at the certificate meeting. The application for
adjournment was unremovable. The trade assignee tithed
for a fortnight to examine the serounta; Le had already tad
a fortnight for that purpose, and had done nothing in the
interval. He had had the opportunity of gou.g to the dß-
cid wine*, and inspecting ell the vouchers ; this he bad
not done; bet that was no reason for throwing on the
bankrupt the Laren of a further adj.urcmcnt, acing
that the petition for adjudication bare date so tar
ben as the 16th of September in I.st year. The bankrupt
was quite reedy to give any explanation that might be re-
quired; end in a ease like this, when the estate stowed a
very considerable earplur, the comet would not greet sneh an
application unless good grounds were shown for it. The
bankrupt was • gentleman who hail lived :n • station which
certainly justified the small &meant that was put down
'as personal expenditure. The books bad been kept, not by
himself, but by his clerks, with the greatest accuracy. The
trade expenditure, which was not exuaordinarily large con-
eiderleg the nature of the business in which he had beta
engaged, had been regularly entered in hie books by those in
Lis employ ; and the accounts toed been prepared by the
accountants who were employed by the creditors prior
to the bankruptcy, than which noteiug could more strongly
show the bona tide character of the cam. The bankrupt%
books had been in the cities of the official assignee time the
GA Septi mbar, duriug which time not a single entry had
been added ; the trade assignee had all along had an oppor-
tunity of inspecting these, which he now professed so much
anxiety to do. Observatioes had been made as tol the bank-'
rupt's conduct, which he was anxious to refute at as out, an
opportunity as possible. As the Maria usignee was satisfied
with the meows, the wade assignee oegnt to show some
very strong gr.und for the adjournment, the bankrupt
bang ready and willing to submit to any examination which
the assignees and creditors might desire, and anxious for an
opportunity of explaining the statements which had been
made utterly without foundation.
Mr. Halkett, the trade assigeee, said he had accompanied
Mr. Harding, the accountant, to the office of the official
assignee, and, instead of finding correct books, he found tura
was not one entry relating to the purchases of Byrne, which
could have been made by any one who at all whestood
book-keeping. There was not even a cash account.
Mr. Linklater said that was certainly • mistake.
Mr. Edwards, the official assignee, said that the books at
the time of the bankruptcy were not in such a stale that
acconate could be made out from them. The cash amounts
that had been rendered had been made by the accountant,.
He bad himself examined the accounts; but be was imagine
I that the creditors' magnet' could not have gone into the
' Touts of the aemouts in the time.
The Conanitelexter— Has the midden' assignee been doing
whet he could ?
Mr. Green—l furnished this belancetheet as mon as I
got a copy from the office to Mr. Lhasa, who was out of
town at the time , and when he came back he gave it his
earliest attention.
Mr. Linklater said that Mr. Ilalkett had not been to the
otfidal assignee's office once tor the purpose of testing the
accurac of the accounts.
His Honour said it was important, at all times, to give
assignees full opportunity of examining • bankrupt's
amounts. The official amignee stated that the creditors'
aesignee could not have gone into the minutia of the accounts
is the time that had elapoed, and taking that statement,
dais with the time of year, into consideration, it did not
case unreasonable to grant • little longer time.
Linklater said the bankrupt was most anxious to
dear up his position at the earliest possible moment.
Mr. Edwards said his clerk had gone through the ecoounts
I hem by item, and he was perfectly satisfied that this balance-
sheet was vouched, with the exception of the personal
expenditure.
Mr. Linklater hoped that the trade assignee would be
satisfied with that statement.
Mr. Halkett rid he should go through the items himself.
After • conversation the examination was adjourned for •
fortnight
A discussion ensued as to the bankrupt's allowance.
Mr. Linklater asked for an allowance of 41. a week, as
warranted by the bankrupt's position in bk.