The Express.
London, England, 1851-10-27 00:00:00

LAW INTELLIGENCE.

THIS DAY.

COURT OF BANKRUPTCY.
Devon Ma. Ommusiorma 806110214
Ix as MA616016.
This was the certificate meeting in the ease of W. R.
Mown, auctioneer, of Southampton. This balance-idlest,
gwepared by Mr. butler, of basinghal.l-street, extended ever
theee.years and nine months prior to the failure in April
Wt. sad showed a sum of 1,5711, due to unsecured creili-
tan, and 1,6591. to mortgage creditors (the latter covered by
property estimated at 1,95 W.). The aeons were estimated
at 1901. Profits, 6181.; rents received, 6881.; expenses,
; losses, 5441.
Messrs. Legh and Pemberton, for the assignees, offered
ne
opposition.
Kr. Wainwright, in support of the bankrupt's applica-
tions, stated that the failure had arisen in a great measure
from the depreciation of property at Southampton, and
from the falling off in his trade. His principal business
had been selling for the sheriff, but the county courts had
decreased that business to a very great extent ; and within
the last two years another sheriff had been appointed, who,
being of different polities from the bankrupt, had employed
his own auctioneer. Thus the bankrupt had lest the whole
of his trade which arose from the sales of the sheriff. His
principal loses bad arisen from law costs, to which he was
put in defending an action, in which he was unsuccessful,
also from depredation in his stock and property. As his
losses bad arisen almost entirely from niivortunes it was
submitted that he was entitled to a second class certificate.
His Honour, after looking through the proceedings, said
he thought the bankrupt entitled Wan immediate certificate
of the second elms.
Ix as COCILEKILL.
The bankrupt, Samuel Cuckerill, of Mercer's•row, North-
amptonshire, applied for his certificate. 11,s debts were
2,5191.; ; assets in good debts and property,
41151. The profits in two years and three months had been
9461.; trade expellees, 1,2491.; house and personal ditto,
5951.; losses, 6731.; deficiency at the commencement of the
account., 3971.
Mr. Lawrence supported.
Mr. bred imposed, for the assignees, on the ground that
the bankrupt had gone on trading when hopelessly insol-
vent, and that his expenditure had largely execrated his
profits, At the commencement of the hitance-sheet, 30th
January, 1819, ho had been nearly 400/. deficient. This
was the result of a stuck-taking at the time ; and it ought
to have made him doubly careful in his transactions. In-
stead of that, his expenditure had been double the amount
ter profit!, putting out of sight the 6731. of losses. There
were law charges to the amount of 3041., which had arisen
from staving off his creditors from time to time; while
the amount paid as interest and discount was
IBM Another item, found under the bead of losses,
was 385/., as loss on forced sales under execu-
tion. These three items gave a very intelligible view
of the nature of the bankrupt's trading. lie ought to have
ceased tradiuy lung ago. Bat he had the credit of having
sigued a declaration of insolvency as soon as ho was re-
quested to do so by the creditors, whereby property to the
extent of about 2001. had been saved from execution ; and
since the bankruptcy lie had done all in his power to assist
is winding up his estate, and had nut made any attempt at
concealment. The assignees were desirous that these cir-
cumstances should bo taken into conaideratiou.
Mr. Lawrence said it ought also to be stated that the
bankrupt had kept his books remarkably well—a proof
mat he was an honest man, though he might be a mistaken
or imprudent one. Had the creditors earlier suggested a
bankruptcy ho would probably have acceded to it. lie had
been in business since 1835, and had paid his way up to
the time of his failure. His deficiency to January, 1849,
was not so large but that he might have hoped to sun
mount it. A part of his debts were due to relatives, who
had forborne tnem ha some time, and the bankrupt had
treated them as capital. It was true his trading had linos
been unfortunate, principally on account of the sums ex-
pended in defending actions and for iute,,st. Taking oat
these expenses, his profits would have nearly balanced his
regular expenditure.. lie might flat orally have ob-
jected to wind up his affairs by bankruptcy, know-
ing that that would very much diminish the
amount for distribution among his creditors. He had,
however, come to the court the moment the creditors
desired it. It was a strong circumstance in his favour that
he had made no attempt to account for his unexplained
deficiency by putting fictitious items in his balance-sheet.
His Honour said it was unfortunate for tile bankrupt,
whose conduct had he.n so straightforward since his failure,
that he should before that time have conducted himself dif-
ferently. However much disposed the court might be to
weigh the favourable circumstances, the fact could not be
overlooked that'he had for a Wag time beenairessed by exe-
cutions, some of them fur very small sums; and if he could
not meet these small claims what chance was there of his
going on ? Ile ought at once to have taken the opinion of
his creditors as to whether it was proper for him to go on.
His bankruptcy had evidently aris' eu from improperly con-
tinuing his trade, and making large sacrifices. Ile might
not have looked on the debts of his relatives in the wane
light as other debts; but unless relatives would agree to
curry a man through, by not enforcing their claims, he was
relsing on a broken reed. The case was not one for an im-
mediate certificate; he might have a second-class certificate
at the end of six mouths, with protection in the mean
time.

S. Pd. RAILWAY.
50 30 Aberdeen ..
10 5 NOttb"., Cools
I and list Junction
lid lir Binallott. &Soar Vallee
51 25 btrOodboock Loneashinksic
Cbss. Jan. late 13/.1i0.1d.
Ili. 100 Bristol add Master
30 !Mess and Adihsd ..
45 I ISo sad Iklbstlons
ID !Post Ana= (SUL&
and L. I)) .
Wootant Counties
Pawn Vas" Can A
(late A. U. W.)
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LINKS LEASED AT

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CENTRAL CRIMINAL COURT,

THIS DAY.

The above court resumed Its sittings to-day, pursuant to
adjournment, with the usual formalities. There were pre-
sent at tke opening of the court : the Right Hon. the Lord
Mayor, the Recorder, Aldermen Sir J. Duke, Moon, and
Carden; Meters. Swift and Cotterell, the newly-appointed
Sheriff+, and their deputies, Messrs. Millard and Hop-
need, &e. &c.
There are 116 prisoners at present fur trial. The Re-
corder, in his charge to the grand jury, said that the cases
in the calendar all appeared to be of the ordinary descrip-
tion, and there was only one that would require any obser-
vation from him to guide the grand jury in disposing of it.
Although a considerable period had elopes! .-ince the last
adjournment, be was happy to say that the number of pri-
soners was not greater than ordinary ; and he was justified
in stating that although there were undoubtedly several
serious charges in the calendar, yet that upon the whole
it might be taken as a light calendar. It was to be
regretted that there were a consieh table number of
cases of infliction of personal injury, and it would
probably be the duty of the court to indict severe
punishment upon the parties who were convicted of
this offence, in order that it might repressed; but
he feared that punishment would nut alone have this
effect; but that this result could only he looked for by an
improvement in the moral condition of the lower classes, and
by the further spread of education. His lordship
then called the attention of the grand jury to a charge
against a man of having feloniously assault d his own child,
a girl under ten years of age, and he explained that with
reference to such a charge the consent or non-consent of
the prosecutrix made no difference in the case, and he con-
cluded by dismissing the grand jury to the performance of
their duties.

17 19
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THE ROYAL MAIL STEAM-SIIIP AFRICA, Captain
Ryrie, which sailed from Liverpool for New York at
11 O'clock on Saturday morning, returnee' to Liverpool at 7
o'clock this morning, having been ashore on the Copeland
Rocks, off Belfast. She has not sustained any very serious
damage, but it was deemed prudent, under the circum-
stances, to return. She struck at half-past 10 on Saturday
night, and was towed off at noon yesterday. The mails and
pameneers will be taken on by the steam-ship Canada,
which is to sail at 2 o'clock to-morrow.

17i IPI
731 7Bi u.
194 194

MUNICIPAL ELECTIONS.—The following circular
was issued on Saturday from the Home-office :—"
Oct. 2.s.—Sir,—The Queen having been pleased with
the prayer of an humble address presented to her Majesty,
in pursuance of a resolution of the House of Commons, dated
the 7th of duly, for a' return of the number of municipal
electors on the burgess list, made out before the date of this
order in the several boroughs in England and Wales which
return members to parliament and hare a municipal corpo•
ration,' I am directed by Sir George Grey to desire that
you will prepare a return accordingly, so far as relates to
the borough fur which you are town clerk, and transmit the
same to me with the lea..t possible delay. lam Sir, your
obedient servant, E. P. BOI:VERIZ.—The Town Clerk.'
BEVE.XTEENTII LANCF.B.B.—On Saturday, this regi-
ment arrived in barracks at Canterbury from Woolwich.

ante* Dm, to Ot.West.l 20j
InttowiMnit a guaranttit
(lamed to OmitWivtern 211 i 9
Birm., Wulv., and Dudley!
ealiadnlypd,,oevritliiruar.;
Demerit to OrmdWr.tura' B 10 pat
Ditto without airs-yank*
Dear' to lifeilL n, 7 9 pia
BuMingharimhire
to Loodo,N,tvutteru,' di

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Bodged to Hoot.ecit:nties
Ditto ditto Now
Itertooddryre Demi. L.
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Ditto Noires (Ai (ditto)
GuikL, and Reigate
(lowed to dioth Yaoit,te
I Roma and Hitchbi lead
to Divot Northers
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Muth Ataffordstdre tteadd
to Mr. MCteatt

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Vila. a Socuertet (WO
to Great Wtstorn

174 111
44 44

321 321 ez
100 1022 Pa
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53 24
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PREFERS:NCR SHARE .
Caledonian Jiro .. ... 61 61
eheeter and 1101yhes4 -. 13 151
Dundee, Perk, and Aber.
dren Junction ... - 1 aMa
I Fast.tualtsnl3l.lo.l6p.C. li 11
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Ho. New r per Cent. -rock 101 11
Fastenion.'43npfni.Cp.et• 10 101
Edinburgh, Perth, and'
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(heat Wertern Okasr •
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Do. 6 per Cent. Stock .. 1
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Pret.'werPs.Stock,lll6l.
Ditto Conn. I par Ct. 1862,
3 London k N. Wast.•Cov.Bll

1 ii PM
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FOREIGN 18
kl Boulogne an 4 Amiens ..
In Centro, France (Vinson.
1$ Vest Indian
3 tired Irelinn reitinee-18..

_WATA.

A PEDESTRIAN Btoomut.—On Saturday a female,
attired in full Bloomereostume, made her appearance in St.
James's-park. After making a circuit of the enclosure she
went through the St. James'. Palace-yard into Pall-mall,
and thence up St. James's-street into Piccadilly. She then
went through Burlington-arcade, Burlington-gardens,
Vigo-strect. Regent-street, Regent circus, and Coventry
street into Leicester-square, collecting a crowd as she pro-
ceeded. Nothing daunted by the remarks with which she
had been greeted during her progress, sho walked to the
corner of Craubourn-strect and Long-acre, or St. Martin's-
lane, and then tweed back to Leicester-square, where,
from the mischievous disposition evinced, the beadle consi-
dered it necea.lry to interfere, aud, assisted by three police- RAILWAY or CENTRAL ITALT.—A concession has
men, he managed to keep off the mob till &cab was brought, just been granted for the formation of the railway from
in which she and her protector were driven off at a rapid Rome to Ancona, via Piacenza, Puma, and Reggio on the
pace in the direction of Piceadilly.—Mouroy Timm. one side, and Mantua, Modena, Bologna, Pistoja, or Prato
MONYOU III:MIRE AND CLAMOROANSIIIRE BANK- on the other, the representatives of the various states being
trio CortraxT.—A second petition has been presented to desirous of securing the facilities of railway commuaiestm
the Court of Chancery for winding-up this company's between each other-
affnn. CORK AND BANDON RAILWAY.—The diut?s be-
SHREWSBURY AND CUESTER RAILWAT.—This elute the din ctors and contractors having terminated the
company propose to Menem their capital by 97,2601., by line is expected to be delivered over for opening in a tort-
, the of nsw &arm. night.

LoaetabTere

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