The Express.
London, England, 1850-08-29 00:00:00

lath 3lntelltgence.

COURT OF BANKRUPTCY.—Yzirrazatr.
Boom Me. Cony:mown Foxsumace.
IN as CLIMALT.

The bankrupt, W. Cannalt, was baker at Southampton.
The wee the certificate meeting. His eeb'a were 6131.;
assets is rood debts, 621. He had begun, three years ago,
with a d• 6r sty of 4471.
Mr. Duncan supported. The bankrupt, he stated, had
entered into a eceVreet to supply bread to the R daisy
Union 1p 1847, by which he was a great loser, owing to the
sudden and extraordinary rise in the price of corn. He
wished to he released from his contract, brat the guardians,
having got the beet end of the bargain, would not consent,
but proiniaed him some small pcesent on his fulfilling the
contract. This caused his deficiency of 4471., and he had
only continued businers under the advice of his principal
creditor, who now offered no opposition. He went on, alter
agreeing to pay 6e. in the pound, and this oomposilion had
beet, carried out to the extent of 2001. by the aid of some
money which he borrowed. lhe landlord had put in an
execution, and this explained why there were no assets. His
hooka were well kept, and all the items in his balance-sheet
were vouch. d. The expenditure had bean considerably
within the profi'e, and altngether the bankrupt was is a
better position thin he wee three years ago.
His Honour said that as there were several favourable cir
curnstaeces iv the case, he would grant a second-elate certifi-
cate forthwi'h.

TRU TALLY Teas—AiSCONDING or ♦ BANKRUPT.

J. Tho ,soe, deeper, described as of Camden town, but
who bad really carried oa haziness at Southampton, applied
'or his certificate.

11,. News, for the aseignees, end Mr. Linklater, for •
credi'or, opposod ; Mr. Seleester supported the feekrupt.
It appeared from a balance sheet prepared by Messrs.
Petit and Smith, that the bankrupt owed 8521, and had
assets of 1161 ; his profits had been 2621. ; taperer, 4071.
The principal ground of oppoeition was that the bankrupt
had abteondrd to America, sad remained there six months,
instead of surrenderieg. He neglected to do so for some
months seter his return. Oa his last examination he had
hems opposed on the ground of misstating his profit'. He
had been engaged in the tally trade. His books had been
imperfee.ly kept, and there was very little in the shape
of assets for distribution among the creditors. The come
plaint of the cred'tor, Mr. M'Oeary, drap.r, of
S eutbsrapton, who was represented by Mr. Link star,
was that the bankrupt, who had formerly been in Mr.
NVOrary'a employment as tete, Ver. and had purchased his
rounds in September, 1847, kr 5501., giving loeg bills for
part uf the payment—had ettireted to take up thebilla,
and, after thdainiug their renewal, had flatly refused pay-
ment. Shortly after, several creditors having sued him,
and being about to obtain judgment, he went off to New
York, taking what property he could with him. Pursuit
was made, but the bankrupt went 2,000 or 3,000 milts up
the country ; sod after equaat.erirg • great deal of money,
he returned to this country. His surrender bad only been
taken on *oral to the Vies-Chancellor. I: wan contended
that he had contracted Mr. M'Otary's deb., without
the intention of discharging it, as evidenced by his 'hewed-
leg. He had put down his profits at 25 per cent.; It was
suspected the) must have been at least 35, and that the
bankrupt had not accounted for 2001. Since his bunk-
reptcy, instead of assisting his creditors, he bad been travel-
ling his own moods for another party, and thus injuring
them all in hie p•twer. On these grounds, it was contended
that the bankrupt was wholly disentitled to a certificate.
Mr. M'Oeary gave 'vide roe as to the penicillin of the
agreement into which he had entered with the bankrupt for
the sale of the rounds.

The hankrnpt deposed that he took 651. to Newll(rk with
him. When spoiled to there, he gay, up what goo's he
had. He heard of the fiat after he had been there about
three weike. On returning he hid to borrow money •o
enable him to pouts beton the court. He bad been in Mr
ll'Oesry's employ for three years, when he wee induced to
agree to pay boa 141. a week for his rounds, which, how-
ever, only produced 111, 121, or lfl. a week. When he
went to Americo be left his books in hie shop. He only took
271. worth of roods with him. He was now employed by
Mr. Rood at 11. a week, and had gone over toms of his old
rounds.

Hr. !Monter, while admitting that the bankrupt was not
wholly free from blame, contended that no fraudulent inten-
tion had been shows as when he went to America he left
property worth 8001. behind him.
His Honour said this was • very unsatisfactory ease, as
those io the tally teeds generally were. He wished, for the
sake of all peraons, that no such trade existed. He had
started without espitel—a gaud feature in the trade. He
bad oontracted a large debt to Mr. Geary, fur his introduc-
tion into the trace, and appeared to have been little Inclined
to pee It. He bad declared, sot unadvisedly, that he would
toot pay this debt. Leaving 11C0eary • very considerable
oredttor, he had abeeonded to Atria, areeesarily therefore
eoutemplatine bankruptey. Very fortunately, the new act
did not apply to offenses committed under the previous
bankruptcy law ; end on I\lBlooBlml be bad (reaped prosecu•
tign tor non.aurrturier. Laxness in accepting surrender when
not made at the proper time was moat natieeirable, and he
should regret to ere it introduced into the practice of that
*ours. He would not exclude this man from trade alto-
gether, by egtirely refusing his certificate. The expenditure
had been moderato, but the books bad been belly kept. Os
this ground, end the fraudulent n presentations by which
the bankrupt bed obtained credit, the mkt'm manner in
whisk be had asserted that he would lot pay, and lead fol-
lowed that out by abecourting to Ameries—the &facets
must beaust ended for two year.; when granted to be of the
3rd else.; protection to be withheld till the bankrupt had
bees six mouths in phew.

MIDDLESEX SESSIONS.—YESTERDAY.
Sam Ma WMIAIIt.
AK Sxrawr Prearocarr.
Aga Hairy, 20. William WaMfr. 16, and Frederick
Wright, 20, w. ►e .ncl•eted fur baring dolts a witch of lb.
vale of 101., from the prim of Thomas Looks, to whom ft
beloared.
Mr. Pays., defended NT*ltt.
Oa the 161 b Intent Fdlowconstable Rem, A 491, was
ea daty to plain clothe•, la 81. Jetateelatk, •' cs Ik. leek