The Express.
London, England, 1857-09-02 00:00:00

SUNDAE PHOTOGRAPHY IN LEEDS.

At the Leeds Court-house, yesterday, before
J. fl. Show and S. Irwin, Iteqrs., • young men, named
Amos Lambert, appeared to snoeer • summons chaining him
with having, on Sunday last, followed his ordinary ailing by
taking and photographic likeneeme.
Mr. Ferns, who appeared for the defendant, rid he wee
not instructed to deny the feet, need by the police-Aker ;
but he contended that his client was not following his ordi-
nary calling on the Sabbath-day. inasmuch ash. was • wood
rimier by trade, and practised photography as an amatessi;
but, even supposing it to to his ordinary calling, he (Mr.
Ferns) would submit to the touch that it was not • one for
interference, bicause no harm whatever could we from
likeness taking on • Sunday. Indeed. it very often happened
that artists obtained sittings of • Suedes. Attie a sheet
consultenes, Mr. Shaw end that the beech had no doubt
whatever that the taking of photographic like-
nesses had been made • part of Auto. LlM-
bert's ordinary doily ceiling. if • poison chose to
know two or three occupations, each was his "ordinsty
calling." But the difficulty experienced by the bench was,
whether a photoirraphk sins* came within the meaning of
the word "artificer" in the act of parliament. The words
were. "No tradesmen, miaow, workman, labourer, or
other person whatsoever MI !UMW their ordinary caning
on the Lord's-day." The words, "or other person whatso-
ever." most mesa of the sense description es those mentiomed
before; they could not extend to other einem& that was
quite clear. That being so, the question ea, simply, what
woe the meaning of tLe word &inflow, and if it included
minas In the Imperial dictionary, the word artinoer
meent artist; and, turning to the won art, he found that
it included mechanical chil. If the OM could be beard et
the seseione, he ohould have thought that the best tonne
would he to raise the question there, by the bench Whether
• smell penalty. so that en appeal might he mode. Blathers
we no appeal from the decionn of the magistrates, sad as
they were Ullintll not to go short of the in., or to go be-
3,,nin it, they should allow the question to stand ever till they
heol es opportunity of oomeshieg the Reorder, or some on.,
person on
the point whether the practice of
rhutog withht the manaing of the set of par-
Itortrry.

The bankrupt. carried on radars r hill-broken in
Ni 4u-lane, Lombard-street. The balance-rest, extend-
ing from May, 1852, to May, 1&57, Ilse the 4,11e.i"e
—Creditor., 6,4041.; ...., holding aectirity, 6501. • liabilities,
28.192/.; capital. 1,6761.; proem, 14,4791. ; good debt.,
1261.; doubtful ditto, 6.948/. property, 1491.; trade ex-
penditure, 1,96 W. ; liates 6,6771; Drawing. by Kemp,
6,15eL; by Clay, 3,3781. V•or the origins., Mr. Lawrence
✓id he did not oppose; they were satisfied with Messre.lienip
and Clay's conduct, and were willing thatthey should revive
fleet-clan croak:ate*, if the court thought fit to grant them.
The emigre. believe the bankruptcy bed arisen from
unavoidable hare and misfortunes. The books were well
kept, and balsouid daily up to the day of their failure. Of
the Barbosa, but small portion had come apical the
eater. He left the case in the hands of the court.
The ONoial Amigose said there were 2201. in hi. hands,
• 2201. Ma not yet paid, end dividends from estates yet to be
• and collected. It was further urged in the bankrupt's
behalf by the emigres that the smallness of the capital was
to be accounted for by the circumstanie that much capital in
each a buaires was not required, The bankrupt. had
realised a profit of 14,4791., and deducting the trade
still a net profit of 12,5001., or nearly
expenses, still
annum. This WAS a most favourable ea
well as unuatud feature. Kemp had a large family, and
hie charges were larger than Clay's. Kemp lived at the rate
of 1,2001. • year, and Clay of 6001.; but the net profits ea-
r dad the drawings of both panders. The immediate came
of failure we. their having been Induced to recount bill. for
perous whose name. were familiar to the court—Holland,
Christian, De Yrr, and others, whoee came had been be-
fore the court. Fictitious bills had been manufactured; and
not only Kemp and Clay, but the London and Westminster
Bank, WHO large loser by them. The bills purported to be
drawn fur Maresilles, New York, end other placid abroad,
and were rowdy fictitious. The actual los. of Kemp and
Clay by there bills was 1,4001., but 9,0001. in those bills at
once came upon them, which shook them like the failure of •
bank. Kemp and Co. had discounted bills for Covington
and Co., which turned out to be only one person, Mr. Maude,
who became bankrupt. These transactions, Mr. Lawrence
rid, involved a fraud, though there bed been at one
time each a person in the firm as Covington.
Maude was summoned by Kemp, and subsequently indicted
by Kemp for fraud, but he was atstroed, and be brought an
action against Kemp =delay, and got a verdict fur 3001. and
cost.. That verdict brought Merin. Kemp and Cry into
that (the Bankru cy) Court. It coo deo admitted that they '
had made no tial payment,. Kemp had rectited •
bill of sale to is own attorneys, but the sanignees did not
think this, under the peculiar circumstanced of the Me, •
ground to opposition.
Mr. Hermann, • creditor for 651., awned that the trade
soignee was. creditor only for 401. The bill. be held he
took from dents of Kemp end Clay for discount ; payment
was pdtpunsd until Kemp and Clay called their creditors
together, when they gave promissory sore at a long date,
bat they castle into the Bankruptcy Court before the promis-
sory notes were due. About the time the prom'
notes were due, 2002. wt. .pent by Kemp on • Gal
There would not be a sixpence dividend, and se the bankrupts
had made over the moat of what they had to their own
attorney, whilst men like himself grudged an expenditure of
10s., which they had honestly earned, Kemp spent 2001. on
• dal mosque, Kemp obtained bills on false pretence., ea it
were for the purpoie of discount, but they applied the pro-
ceed, to their own use. The keeping up of the accounts
from day to day in " apple-pie order" rowed that they
knew they were coming to the court, and down to the very
' eve of bankruptcy this was done.
The Commiamoner said the accounts were well kept
throughout.
Mr. Hermann—Then, seeing their position, they ought to
have stopped mob 00000 D. After making an offer of Be.
In the pound Kemp geem •Ml *torque. He also sub.
milted that the expenditure was excerive. The notion of a
dividend was mere moonshine. He trusted his Honour
would mark his sense of their misconduct by not granting a
firat-claas certificate.

It toss urged by Mr. Sleigh that those bankrupt,ought
not to receive a certificate at all. The bankrupts were not
neophytes at this work, but were old hands. Hemp, in 1849,
was a bankrupt for 15,0001., and laid but a tolearable divi-
dend, and the Commissioner gave him a senond-elect certifi-
cate after three months' suepenslon. He did not press so
much against Clay, but he was a bankrupt in 1830. Clay
was somewhat entitled to commiseration. In five years
Kemp and Clay made bad debts to the amount of 6,000/.
They commenced with about 1,0004 capital, and spent on
themselves about 10,000!. More reckless trading never was
pursued. The sonata were scarcely adequate to the payment
of a dividend. A bill of sole was given to the bankrupts'
attorneys, Miller and Horn, in order to proceed with the
litigation. The bill of .ale (on their furniture) was given
when Kemp and Clay were hopelessly insolvent, viz., in
April last. Mr. Maude, whom they indicted, wee • gentle-
man of the highest respectability. There was no pressure—
there we. no judgment seine them, and it was a clear cue
of fraudulent preference. There could have been no other
end but bankruptcy when the bill of solo was given. The fur-
niture now was at Notting-hill, the place where the bat
manure was given., which no doubt Kemp would take pow.-
sion of when he got hie certificate. He thought the court
non obstanteusigeseewould direct en action to be tried to test
the validity of the bill of sale.
The Commissioner rid he would try whether there area
say mode by which the validity of this bill of sale could be
tested. He would give no final judgment to-day.
Mr. Sleigh vindicated the conduct of Mr. Maude, and de-
nied there was the .lightest foundation for the aspersions
thrown upon him. The bankrupts had been mealy extra-
vagant, and had executed what he must term • fraudulent
btll of sale. He hoped the bankrupt. would not he again
sent out to bring ruin upon others, and to come hew in • few
years again, under, perhaps, similar circumstance., or, at
Wet, circumstances equally disgraceful.
It was upon the other hand (on behalf of the bankrupts)
contended by Mr. Bagley that he knew not what to answer.
Nothing had been proved against the bankrupts. He treated
the insinutions made against the bankrupt, with indignant
contempt. He pointed to the amount of profits se large
their thawing; he said, were comparatively small. The MI
masque was en ersggervition. Kemp's eldest son became of
age lust year, and only 221. were spent. Some few came in
fancy drums. Tho matter of Covington sod Co. was again
adverted to, and it was raid that the style of firm which
Maude assumed was calculated to deceive Kemp end Clay,
fair the dissolution of partnership between Covington and
Co. and Moods was Dot Duetted. No proposal of composi-
tion was made tithe creditors, who gave them time to pay
their debt• in fall. In the thee of Maude, the magistrate
thought it a proper one for prosecution.
Mr. Sleigh denied that entirely.
Commissioner—There are nearly 6,0001. bad debt,. how
is that f

To this it waa replied, by bankrupts' counsel, in effect, that
they were to a great extent caused by &Wit.% bile, and by
the state of the money market. As to the charge of ex-
travagance, the profit, ought et the sane time to be borne in
mind. The bill of sale was given to defend themselves In
the action brought lumina them by Maude, when other-
wise damages of 5,0001. might perhaps have been given.
The b inkrunts turned over In money during the fire years
of their dealings mnre than 200.0001., and paper to tho extent
of millions. AS to Hermann, he had no transaction with them.
The custom of Kemp and Clay was to advance a portion of
the money no the bill, and give a promiseory not. for the re-
mainder until the bill came to maturity, when, if then found
good, the Wawa, ley diwount, vaa paid.
The Commissioner said if the to were so doubthd it
would be better to have nothing to do with it.
Mr. Bagley—But this couree was taken by consent of the

-Thts is the lint time I seer hoard al such

16.Lswriace mainly withdrew his charges against Mr.
Maude.

It Ina Isally urged upon the Commissioner that the gent
majority of the enditces were willing the bankrupts Would re-
ceive their certificates, and of the fire-class.
Commiminner—lt may be some satisfaction to this pasties
to know that I consider no cam of fraud made out. Shay
nuirht to have their orrtificatea, but I have great doubtwhethar
their trading has been provident. I em convinced their ex-
penditure was extravagant, and that they cannot bay. car
Uneaten of the Boa
Judgment po•tp000d.