The Express.
London, England, 1858-05-18 00:00:00

IN RE 11111.80N.-111PORTAAT ROLE Al TO

OWII PIMITION.

The tank rept in this eese;ras a baker, of Edward-street,
Pertmem-equare. U. had come to the court on his own pe-
tkion. This was the adjourned certificate meeting.
Ms Honour said the bankrupt wee one of those persons
who owns to that *dirt on their own petition, making an
oath,
_which in this owe turned out to be false, that they had
available assets of 1501. It seemed that this man, instead of
1601., bad not more than 301. In the opinion of Mr. Com-
missioner Holroyd and himself, the payment of the etatutable
1601. was a condition precedent ; they had decided not to
grant certificates, in these cases, until the 1601. was forth-
coming. They would not mooninge the practice of parties
coming to that court, and obtaining ire protection upon an
sMdavit which they knew to be false. To permit this would
be to permit ID evasion of the law. The first paragraph of
the °wildcats stated that the bankrupt had conformed to the
law and practice of bankruptcy, whicn in such default would
not be the case. The owe must be again adjourned without
• day, with liberty to the bankrupt to apply fora day when
the 1501. hadbeen Faid.
INSOLVENT DEBTORS COURT—MAT 17.
(Ewan Mr. C.,mmierdoner Phillips.)
IN RH PNTRII JOHN CASTRO.
This insolvent, who had been a watchmaker at Islington,
applied to be discharged from prison.
Mr. Bargood opposed for Mr. Henry William Weston,
accountant, 28, Mourgate-street ; and Mr. Read supported.
dome peculiar circumstances were disclosed in this case. In
August last the insolvent petitioned under the Protection
Ace, making his debts under 3001., but did not appear on the
brabg, but being afterwards arrested applied for per-
million to tioa under the act. It appeared that
he an advertisement in the newspapers "To
the embarrassed," he which the name of Mr. Malbum, an
attorney, of 28, Moorgate-street. appeared. He was
introduced to Mr. Weston, the opposing creditor, as
his clerk. The iniolvent deposited some dopiketes with
Weston, who admitted him 51. 12e., and who now claimed
to be a coeditor for 211.25. Id., in which amount was inetwled
a sum paid for fees in filing the petition in this court, mike
the Protection Act. The debts in the preenst schedule ex-
ceeded 6001. and Welton, it was slimed, had omitted the
proLerty in the former schedule, and the duplicate he held.
. G. W. A. Melb.tun was called—He said Wiebon was
his chwk, but not at • salary. He was to give him some-
thing out of the profits. Weston received the money for buai-
nem, and now owed him, he should say 1,5001. It was for
business Weston had done. All he had waived Nun Weston
from November, 1856, to August last, during which time
they did business, was only 1001. Witness sold he had
signed the schedule, but the signature on the balance-sheet,
"G. W. A. Holborn," was in the handwriting of Weston's
son, Horace. He (Milburn) knew of the advertisements,
"To the embarrassed,' being put in by Weston. They
were Wemon's adywrieentents, in hi. (witness's) name.
Mr. Commissioner Phillips hoped the statement respecting
the manner of advertising 'lO the embarrassed" would go
forth to the public, and that they might be put on their
W. He knew there were others who advertised, but he
ed it was against professional etiquette to doodles for
Wainer'.

Mr. Weston, who was ordered out of court during Mr.
Melburn's evidence, said he had been clerk to Mr. Melburn,
who slept at Moorgate-street. The insolvent was Melburn's
client, and applied through an advertisement in Milburn'.
issue. He (Weston) lent the insolvent 61. 12e, dd. on the
duplicates, and his dam was 211. 2s. Id. Ha believed the
tickets were not worth the debt, and wee willing to give them
up. Apart of his debt wee for money advanced to pay the fees
in the insolvent's case. Be (Weston) denied that he owed
Wawa one shilling; he had rendered an account, and bad
at his alike a memorandum of the settlement. Witness does
not lay why he had not inserted himself in the former schedule
as a creditor, or reedit:sad the duplicates, mane of which be had
returned to the insolvent. (The Irian§ produced a paper
of the tickets returned, whicti he sad was written by the
insolvent, but he denied the allegation.) Weston com-
plained of the statements made by theineolvent to injure him.
At the request of the Commissioner, Weston fetched the
memorandum signed by Melburn, which was read, and in
which the latter soknowledged a settlement on receiving the
bill of ousts for business done In his name, and which was
traduced by his (Melburn's) authority.
Mr. Commissioner Phillips said the document was no
doubt • diecharge, bat Melburn had sworn that he owed him
1,6001. His Honour previously said that there was some-
thing tit the case almost incredible. It wee clear, by Mel-
burn's ewe showing, that he had allowed Wootton to do busi-
ness in hie name, end had said be owed him 1,6001.
Intimately the case was adjourned to amend the schedule
as to other tickets. Weston gave up those he held, and
which the ineolvent considered represented property to 3001.,
to be teased by the officer of the court, and his claim to be
PM.
Mr. Reed appealed to the court for the insolvent, who had
been entrapped, and who needed protection against what he
called the disgusting exhibition of Weston and hi. clique."
Mr. Commissioner Phillips said he had no sympathy for a
man who, like the ineolvent, bad filed a false schedule. His
respectable attorney, Mr. Mardian, would file the necessary
amendmaits before the next hearing.
The ogee we adjourned.