The Express.
London, England, 1860-04-05 00:00:00

COURT OF PROBATE AND DIVORCE,

Aria 4.
(Be(ore the Judge Ordinary.)
MUM f. MILLS.

In this are the court panted the wife modest' lite at the
rate al IDOL a year, in acidities to an income al 3001., which
she already possessed. The hesband's home was taken at
2,20 D/. per annum.

MARTIN e. 1411 TN.

h this cue the wife had obtained a separation on the
ground of cruelty ; but it was admitted that the acts corn.
plained of had arisen from a morbid irritability of temper,
caused by the moieties of business.
The mutt directed the wife to have the custody of her
two youngest children ; but permitted the husband to have
that of the eldest, a boy, four years of age. The question of
alimony might stand over.

COURT OF BANKRUPTCY.—APRIL 4.
(Before Mr. Commissioner Goa%urn.)
LW II RICHARD LOCCINGTON COLL

The bankrupt was described as • merchant, of 80, Corn-
hill. This was the sitting for proof of debts and choice of
assipmee. From a preliminary statement of afire, pro-
pawed by Mr. Brown, accountant, it appears that the bank-
rupt owes 8,4001. ; the assets in this country us returned at
1001. only, with 2,800& of bad and &MOM debts ; but
Mere u an estimated surplus from consignments to
lkinelny of upwards of 3,00 M. The following creditors
ware amen trade amignese HMI= Arthur, ware-
houseman, Wood-street, and Mr. Fora Hanson, mereb•at,
11141 fax ; Mr. Pennell is the dlicial snipes ; sad
Mama Ashur* Son, and Morris, are the solicitors under
the proosedinga.
An allowance was asked for on behalf of the bankrupt.
His Bream made as allowance of B. • week, to be in-
creased to >k shield the bankrupt be ready with his se-
emed@ by the day appointed for the examination sitting.

(Before Mr. Clomminioner Holroyd.)
IN Ili CONN.

nil was the examination meeting in the cam of John
Henry Cohn, Past India and poem merchant, of Riches-
court, Lime•street. The beelwpt has not surrendered,
and d came no accounts Mimi been filed. It appearing
QM be was abroad, an extension of the time for sur•
reader was taken by consent. The debts proved at the
fitting for the choice of malgsece were about 12,000/.

IN RZ urcurtzt.D.
The bankrupt, a ■orgeon, at Twickenham, applied for hie
certificate. He owes to unsecured creditors 1,108/.; no
meets. At the beginning of 18b4 he was in a deficiency
of SOIL

Mr. Ouy opposed, find charged the beau with useldug
away with assets reckkee expenditure, and aMiamg goods
on false pretences.
It appeared from the examination of the benkrapt that
he wee entitled to the interest of certain dock, which inte-
rest be had maimed to the Britannia Life OMee as security
for a loss of 5001. Boma property under the will of Mr•
Scott was settled on his wife. The estate produced 5,0601.,
of which 4,5001. was settled on his wife forlife. In 1856 he
had borrowed 50M. of the Britannia Life Oflice, and 2601.
from the Finsbury Loan Office, but he only got 20/. of this
latter amount, tie remainder being renewals of farmer
loam. His wife had received lammed of 1,8001. ;he had
noretgeged his house for 3121., and also his furniture, to the
imams of his daughter. The latter was only removed,
trim his home a few days before his bankruptcy.
Roferrlng to a legacy of 8001., which he received
from Mr. Clark, in 1056, be had said in • letter to Mill.
Ives " nave net touched the clover, but I smell it afar
of. (A Leigh.) That letter was dated January, 1857.
He had kept no cash-book beyond his banker's book. There
wee no book containing entries of the sums received by him-
self and wile.

Mr. for Mr. Atheretone, a creditor, from
whom he had obtained a renewal of a bill for 20f., on the
representation that his wife and himself had 5,M01. in the
iser Cents. At that time there was only standing to
the credit of his wife's trustees about 2,700 f. Another
pound of complaint was that be had given a hill of sale on
his furniture, which was removed shortly before the bank-
nor bankrupt admitted the misrepresentation of the
ascot in the funds, but said it was an error. The bill them
dos to Mr. Atherstone had since been paid ; Mr. Athenian's
mowed it. The bull of sale on his furniture was glom io
October, 1868. He was "hunted up" to do it. He might
have been insolvent then. The furniture might have boss
removed in anticipation of his bankruptcy ; but that was
the act of the trustees. It had since come back.

By Mr. Hodii,7l;(iOr the hernkrupt)- fdr. ithentone's
dabs walk sow only 321., for wine supplied since the date
above referred to. The legacies and other monies which he
bad received had been paid to hie creditors as far as they
would go. When he wrote the letters to Mrs. km he
firmly believed that he should be able to pay. He had
Mmght up a family of thirteen entirelv by his own exertions.
Had been in practice at Twickenham forty-two yearn. Was
surgeon of the Brentford Union. His expenditure for four
yams had been only 1,5001. He was compelled to keep a
vehicle.

Mr. Guy mid his client, Mrs. Ives, was • patient of the
bankrupt, nearly ninety years of age. He had obtained
1501. from her; 1001. was still due, and the old lady had
only about 501. to live on.
His Honour said the charges made against the bankrupt
were of a very serious nature. As to the charge of obtain.
ing credit by film pretences, he thought that had failed.
The caseof Mrs. Ives, however, stood on a different f
but still it was not a fraudulent transaction. With
to the alleged extravagance and wasteful, reckless conduct,
the figures of the balance-sheet did not bear out this charge-
It was clear that the bankrupt kept no books ; the charge
founded on this ground was, therefore, substantiated. The
balance-sheet showed that the bankrupt had evidently gone
on too long, but there were circumstances which might
account for the bankrupt having continued in business
beyond the period at which he ought to have stopped. The
expectation entertained of legacies to his wife might have
naturallv led him to go on beyond 1854, when he was in a
large deficiency. The main chergm against the bankrupt
were that he had raised money on his property, and had not
applied it rateably to the payment of his creditors. He
ought at least to have taken care that Mrs. Ives, a creditor
of twenty years' standing, did not suffer. There were miti-
Soicircumstanoes in the case. The bankrupt had been
years in business, and had never failed before. The
to must be suspended for six months; when granted
to he of the second-class, the failure being partly the result
of unavoidable lose and misfortune. In consideration of the
way 131 which he had treated Mrs. Ives, the protection
would be withheld for one month.

IN RI 111:11WKIL
The bankrupt wu a builder of Wray.park, Reigate, in
Burney. His accounts showed debts; 2,1001., and meets of
nearly equal amount.
le. Pool appeared for him, and applied for a second-class
certificate, drawing the attention of the court to the favour.
able features of the lislancetheet, in which in fact there wee
nothing calling for objection of a material character beyond
the fact that the bankrupt might perhaps have continued
trading a little longer than be ought to have dose ;
but this, Mr. Pook observed, was a circumstance of so ems-
mon occurrence and so natural, resulting as it did from the
flattering nature of that tale which it was said hope always
told, that it could scarcely be made the foundation of repre-
hensive remark.

--His flacon; having closely scrutinised the accounts
thought the bankrupt wsa entitled to a second-class certifi-
cate, which was accordingly panted.
Of RI Pal MIST or ENGLAND STEAM ►LOB MEAN AND
NALPHY COMPANY (tntriuu).
Yr. Pock presented a petition for • winding-up order
against tie above company • few days ago. The point to
be raised will be whether a shareholder, who is also • cre-
ditor, has a ri let to compel an official winding up, after •
voluntary winding op ham been agreed to and alarmed by
the shareholders. The clause in the act relating to this
queetion would appear to be conclusive as to the right of the
creditor, but the doubt is, whether the creditor being oleo
• shareholder can claim the privilege ; it being suggested
that the biological nature of his position would destroy the
right which he would be entitled to maintain if he were a
creditor simpliciter. In our last notice of this matter we
omitted to nientionthat the h • of thepetition will take
place at half past 11 o'clock, upon the 27th inst., before Yr.
COMMiIIaiODOT Fans.