The Express.
London, England, 1850-10-24 00:00:00

laSx intelligence.

BRISTOL DISTIUCT COURT OF BANKRUPTCY.
Ow. E.
Moo Ne. Minomme Searesm Illsmat.
Eh Jana //mum, SWAIM, LIKSIUMIL '
=IV • radar be woad the preembege raised e
may, ea the mead that they bad bees lesileue
bawds Me butluma, INA so fee the paeose ef a
dhlelbeabla of weft meaty bb wanton, was fry .
Mimed Tr M merogig power dthe sooty al
Olemeeter es tad
gm el the somasmimosa, Oe Me
Wag of the as eldeedea was taloa as le the jade-
diodes of the oosaissiester. whisk was everndee t sad
Middle is suggest of the gelidea sea is reply donee
basing boa Mal tiespedoly -by Mr. Poops= sad Mr.
Balmy bis edidem and by the Metre" the petiseseieg
aftwitse (bis lerialoalalsw), sad shelf sellsisse, Mr. J. B.
Wiewrbethea. of Cheloahma the ere eras ea is ergo-
Cllr. Abbot, is lappet of the gide" oiled steatites le
the alieradeus sottish bed Ohm Moe Is the law of beak-
raptey, rsaarkiag, however, that die pled* sa which the
golden Wee teseded wee a. WI ado law of bulimia
itself, Os , that se fat or peddle 'Maid be of say whet
wbere ft was Mid Mr do lbeedaleat geriose ef witsl7
Maddest the beshiugs, sad ass do the leuehM dioributles
d IMMO. and Mhos song Me moan&
. . .... .

iltsae.aseasal, Irr the =mai patitigiag
tosEller,hos waited ask that
Llehet—lf I show, ties, thin e• aim of this
psalm was ad sash a dintilitagsa haahospee Mete
sad dhoti, It wilt be hadaseelal whellso the bankrad err
edissaa meld with the pstitisulag erediser. The 6th
Gee. IT.. .4. 16, see. 7, peodosd diet aneert telly shed&
ad seder se ad ef bealogig tinted) sod so this paid
M wisigil quest the ass Is pada Besse, denied by
hidreported is 2 Gls sod Jasseee, p. 137. The
1 sad 2 Will. IV., sap. 46, re. 42, alms provided that a
beekraptry dessid sot be awash d merely ea W resod of
searrt. 6s eke with the 6th & 6th Toned., ear. 122,....
6.the7th & 6th Instate, esp. 96, eh. 41. This point, hew-
deli ea set dated 4, boded by the 93ed denies et the
posed set (ti. 11th & 13th Victoria), it wee provided that
as lesallogt dwell be snowed the protection of the era.
idled Its esall show, to the satisteetno d the seen that
his estate weld pay 6s. is the posed, sitar of all eh:gm
I. sappirtg Wind, Mr. abbot proceeded to quota she
new " paras "(1 Lew Todd!. raw aeries,
Bamboos', sane, p. 76); "Ex parts Taylor "(4 Law
Joarad, ode series. Bashers, cuss, p. 4) ; " Ex part*
Clare" (4 D ado, 166) ; "Bs pane °sidled " (1 Mew
tape hid Chitty, p. 600) ; "Bs pane Lewis" (1 Md.
tagas, Deeds, sad Ds Get, p. 366.) Ude a spenders.
dee of all chess cads, sod prestimiag that the law is

this respect was new iss it he'd alwaYir boon, Ito submitted
that the petitke must be annulled if it wire established that
it was lamed for the benefit of the bankrupt, and not of hie
coeditors. To show that this was the ewe, Mr. Abbot pro-
seeded to read the afidavits Also by Mr. Frampton sod Mr.
Stiles, white sot oat that for some time previous to the filing
of the petition in this mart by the bankrupt's brother in-law,
Villa, was indebted to the minty of Olonosster bank in
Isom of 8421. 10s. 10d., and that in answer to several applf-
cations for paviment or reduction of the debt, he stated that
I ha had platy of property, sad that the debt should shortly
be paid. On the 3rd of April last, Mr. Frampton received a
letter from the bankraptoostaining a statetneat of his affairs,
from which it appeared that be avid 1,7601., to meet which
he stated his clear asaata to annthat only to 3191.. 4e. 81.;

soling soder as advice and assistants-of his Mends, hi
eland se pay his median 6s. in the posed down in oath.
This statement being far hoes satisfactory to the bank
a verbal message was sent to Villar by one of the
cashiers on the 4th April, to all at the banking-bow
and give some explanation of the statement In gondol,—
Villar refund to attend, wherespoo Mr. Frampton instructed
Mr. Miles, the solicitor to the backing company, to inviting
the most summary pronedion the law permitted, to ()built
payment or security for the debt due from Vatter to the bank.
Notice requesting payment wee served on the 9th April on
Villar's wife. and • trader dentor summons was served upon
him personalty on the 13th, in compliance with which he
appeared in this court on the 20:b, and sicced an admission
of the donned made by the bask in the form prescribed by,
the Bankrapt Law Consolidation Act. Contemporaneously
with these proceeding., a writ wee issued from the Court of
Common Plus, at tie suit of the booking company, which
was served on Villar on the 9:h April, and notice of declara-
tion and particulars of demand were also served at his
dwelling-how on the 20th of April. These proceedings,
however, were not prosecuted in consequence of a petition for
' adjudication of bankruptcy being 111. d by Villa?. brother-in-
low, William Bridgewater, on the 26th of April. From the
Wanes shoot and accounts filed it appeared that the pro-
per, to be taken by the wive', was a policy of insurance
in Vanes life foe 6001.. on which three years' premium,
engrandag to 311 12a. 6d . bed been paid, which wee cud-
dud to be of little or no value. On the 22nd of April the
whole of Villar's forming effects, with the exception of
771.6.., and the whole of the hourehold furniture, were sold
by volastioa under distress for a year's root (3061), and rea-
Used, after deducting expenses of distress, 2941 be.. 6d. The
liffswiast crops were sold on the same day for 771 6s. to • Mr.
Thos. Humphriee, who gave his acceptance for that amount,
which was paid over by 'Vila to the office n of inland revenue,
in part of 1181. due by him for excise duty upon malt. In
addition to this the excise odious also took pomeesion of malt
and seeks of the value of 621. It was also alleged sonnet
Villar that on the 17th of April he had paid 601. on ac-
count of tans aliened by him, and that after the sale of his
stook and offsets he paid 161. to Janos Bridgewater, an uncle
of his wife, and a further sum of 161. on account of taxes col-
lected by him. The affidavit then set out that by there
sales and payments Villar had denuded himself of all assets
available for distribution among him creditors, except a um
of 1181. 44. 24., muted in the Wanes shut to ha good debt;
that the sslu and payments in queition took piece under
In advice of Mr. Winterbotham, Villar's solieloor, but not
NB after the bank bad refused the composition offered; that
It,. Winterbotham acted for the landlord in the distress,
Owl for Mr. Humphries in the purchase of the growing
i 5.,., as well as for the bankrupt, and that it was by his
(Kr. W.'s) savior that Villar signed the declaration of
in elveney. the filing of which constituted the set of balk-
ninny. This declaration was signed on the 23rd April,
for- the purpose, as the affidavits alleged, of astatine the
promodiage Instituted by the bank, and to enable Villar
to pt lin certificate, and not for the enuring the division of
any property smug his creditors. The total amount of
filen proved ander the petition is MAL 6s. ld., including
In peen of the hank for 6421 10s. 104., and a proof for
UK filed by the Rev. J. O. Villar, animate of the bankrupt,
leaving male 1051. 15e. 3d. as the aggregate amount of debts
pond by all the other creditors; and there b• lag only the
rood debt available to the magnets, it was believed that
der paying the expenses of working the petition there
woad sot be a farthing left for attrition among the im-
am The al ant then referred to a dispute which
had arisen between Mr. Frampton and Mr. Onley, the
Nino trade soignee, as to Kenn. Winterbotham eon-
to act as solicitors to the Godwin and concluded
by forth the belief of Mr. F. that c ilear's petition was
troadnutly filed to defeat the exacted= of the banking
eampaay, sad to uable Villar to get his lordliest*, and to
defeat the jut rights of the bank. Now the answer to this
affidavit had by Yalu, Mr. Bridgewater, and Mr. Wintor.
balms, outentod itself with denying some very Immate-
rial points in rho statements of Mr. Frampton and Mr.
Milos. Tiller set out that it was apt true that he had al-
ways senned the bank he had plenty of property, adding
that so far from that being the use he had offend to pay
them 101. per month on account of his debt, and ultimately
they agreed to take 201 per month. Then instalments
wen alleged to have been paid for wend months, during
whine time a ens of Wises wife's property wee endea-
NOM to besegotiatod, but it was found -to be inured to
beg emir* main dimoverlng which Villa, found his only
allamadve Mho a easpromise with his creditors, to erect
whisk le famed the letter of the 3rd of April,
belles referred to. It was admitted that Villa, had
alma to go to the bank as charged by Mr. Primp-
=be reason assigned being that he felt annoyed at
Me message delivered to him in a public room at
Obsiamluiss, on • market day; but the statemaat that at the
limo doe beak was taking proceedings against him he had no
Crfrom say other creditor was dented, as at that thus
sae dleall was amen him for ',rears of am. The ta-
ds& west ea to stalk sa the part of Mr. Winterbotham,
be be shied Werth sip the deelaradea el iesolveacy
la VW". 110 b, %skim desierig ia their masa, and
ISM cum able*, Weadock efressamfeadag Mr. William
irldgewear, ar peihisa Mam eillediredia of beakreptcy,
la ere herbadd emewlt with Ida apes the miltion, an 4
thus posers ea steel dieldhatisa of Tiller's estate, how-
Viatill....o. umse, Ids snakes. Oa the Mth of April, Mr.
egad ea Mr. "Wiaterbstibess, aad it was stated
all7V'''...then vonived the bankers should not take the
Minis estate to themselves, bat that it should be equally
&Medi * million. It was also alleged that at
Wileyd was estate safacieat to pay three shillings
k Mk yokrili sad It was denied that on presenting the
MBr edisalica there was my collusion between
end nd B &water, nor did Bridgewater become the
iffier at the imam of Mr. Wiaserbethea, or for the
pares et &draft the bask, or der preseefieg Vidor from
mem. tad rammeg him to gee his artillatte. After some
"melletmen Is lba &We hemp= the minis es either side,
Mr. N Ile W Wiembellals am& dialed that
*e time ihrmishatly Med. ad eland dam it was pre-
seated ler SO purism eatteradm a Bee dhaibatimt of
' Tidal eshrie, whisk atelimethey ha
be mad was
* fam.smaal m dares shillhzelawroupumedamistrearoarnou.Anbbot of
_ imombilir.“ll.lll7B"."Weisigprelfse ihissilidigie:C=lle.ll aill
_la lieell
188 W
de: Voirtfalm, butlliy
ir 64
ge
lai
12- airaor n fist 7b:rabdiel't the
lowa
441114"ft11r. ter mild spoi:%:.
sad theetespen tire peftu_ to this court
'A Mid. se averts elk their &Mows before:"
ors a adieus badmee 41 the "coming
till mate' Very gimbal/ Islawlag tie shadow
been edit billsna,- by as dollnaßon et taut-
Wintoltinbana stand that he advieed the die-
ow Mr. Bridgewater *ma Meal% him vans
1 desimastles was samf, sal is the very Nit
:Stream& McNeal* petition for
A. els& ekepethmess wee ft pot
I harms Ms gatiosLptiead
' the the
6 ottspabletirtimr:
_irtmes. vas
ti km Itellikedoethek wee
by he
whom the , bee dad a fhb Mido cre•
aramtrara
i when* grewerg amps were besets.
. lo oily &set rad even If-la-
-1 pies% ail We bass a
Ail Iler OM= mesa doe or
vaDaisistio pay the
Nag kaki
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111