The Express.
London, England, 1859-09-30 00:00:00

Len inteitteaut.

COURT OF BANKRUPTCT.-9m.29.
(Hebre Mr. Ccengoirtorie liairoyd.)
IN ILI POWILL.

'Ms was se application for certifies,. by Thanes Powell,
• yam dialer, Lo., aserying oe buss Molabeffilwinfir
City. 'rho somata here already beta pablibed.
Mr. Clarke repeesented the win= ; sad Mr. Lemma
the application. Mr. Di Jaw appeared hr Mr.
NatTorla creditor.
The riper eomplabled that the bankrupt, being Wel-
rest, bed as a warrant el eilltarisy em all Ms propert
to ea tedlvidael author. sad bed this *bashed gook to they
smoant at 8001. from Messrs. Bogdan, yam meaufeeturers,
who were still areditors for 600/. .

i1;1;te, se fir es they reririire statement, will be hand
"Zillln his Honour's
ataawranos having addreand the court on the bankrupt's
behalf.
The Ocasmimicaer said—l quite amour with the last °b-
ort/dim mods by Mr. Lawriece on behalf of the bankrupt
—namely, that the we, as Mated oa the part of Mr. Michell,
has certainly not been substashated • the proof has
bar very fee short tithe statement. I think Mr. NichoU
hue vie little ground e 4 template *Oast the bankrupt. It
is amid that the bankrupt vas in ths habit of rendering false
monthly aceenatt. After • long examination It tarns oat that,
with the exception of the particular ;tranteritioa, there is ne
evidence whatever to show that any monthly amount I. false.
I allude to the amewhan the bankrupt sold the goods of Mr.
Mama at • per lb. lets than the price died by Mr.
Mitaliell. TMt wee andonbtedly an error on the part tithe
bestows. He the bound to obey his employer'. orb, to the
Mier, and it is no swam for him totsy I wanted to raise
mossy immediately, end I made up the diaeresis between
the pies at which I sold and the selling price to Mr. Mit-
chell." It is quite ter that that banana was but small, but
that doss not do away with the wrong in point of principle.
A factor b bound to obey the inttructioes of his principal;
sad if he deviates from that rob, when he comes Into this
court his conduct most be noticed. With respect to the
monies which are said to have been received by the bankrupt
e tly to the sth of April, it ithsald be remembered
that received by the bankrupt at • time when he
knew that Michell was in possession of the whole of hie pro-
piety ; thirstere that might be some moues for his
,sayingb
I must am what I on pet la of ea
as spiel the prosorty so held." Thies an the only
mate= which any ebeemades am be maitany made,
and wWi haw bath masted ben the length assindeatien
that hr tibia *OA Ho them omit for t e..lta the
=Ads of the babas" sail width may be col-
the smelts* sad beirersberl. la April, 1868,
bibs swirl* bid dssp with Mr. Misholl, be wee a
debbe of- Mr. Withers to the mewl elf 8801. He and
Mr. ilia then asst le an inthArnt by which
he per a went of attains" far sail remained a
debtor fle. lle Mee airmed, es the 1 th Apra, 1668, a
ray t, wield* Mr. Michell be • mach
betty team of his other creditors. Ide not
mesa te Mem Mr. Nicholl on that aorount. The agremosut
woe wkassesil sad dawn by the beakrum's solicitor, whose
advise imam belied. Draw ocationed between Michell
and the Winupt, bat be des traded on his own account
whileideereenthefatterney was banging °titbit bead. This
is whet I think be is most to be abased for—that he those to
tab to • cared rile extent while be wee to involved that
WI
his property night Many memest he swept off bye single
creditor. Huth wire has theme beta viewed by this court
wifhsxtreess seethe thsoommissionste
it he. beta domed frandultat. The chuges made by the se-
Aram apart the bankrupt are principally reckless trading
and undue probreses • is feet, fraudulent preference. Now
neither as the law tholds, tor upon the evidence before the
overt, Is It possible testy that the gayment• thus character-
bed won fraudulent. Still that does not clear the bankrupt
from all blab, became in his then petition it wee his duty
to held he head and save the wreak of his property for the
rest of his oreatats. This be did set do. On the 6th of
Apia be had Wits that Kr. Nkholl had gone into pomp-
Mall his property, that his plated batistes the eloped,
and that he wth regaled in London. Hs tune to londoo,
sad on the Bth received meaty from arab debtors. Having
doss so, he nabs payment to particular coeditors, whereby
they get an advance over the teat. If comae payment bad been
frandaleatly made, the warthog would denteirdy have tam
step" to recover them ; bat however that may be I sabot call
them fraudulent. &illl think if he bed gar into his ashy
he would have band himself at that time en insolvent man,
and that In bet he had been so found in April, 1848. The
diaoreses between his profits and personal expenditure, the
bear being nearly doable Use former, besides losses, show
that, Hoot reekbas, he was at any rate careless and thought-
lees. Taking all the eiremostances of the ow into con.
ebbed= I shall thapind his certificate (second elms) for
twelve months.
_ . .

-freiretion Was then applied for during the period of star
=i' and, the assignees not objecting, it was granted, his
m observing that he should not have felt it his duty to
withhold it at the request of the opposing creditor.
fiewond-clans certificate suspended for twelve months with
preWlice.

111 11 ZENIET JOHN WiIIING.-XZETINGB TOR THE ♦P,

POINTMENT OP TRADE ASSIONIEN, tF

This wan $ sitting for the proof of debts and choice of ma-
=rnunder the bankruptcy of Henry John Waring, of No.
el de, Northner-street, Cavendish-square, wiadow•gleas
dealer.

-11 r; Forrestss, from Mr. Thomas Beard's, Basiughall-
- appeared with Mr. flpiller, sou:mutant, Colsmaa-
serest, for the bankrupt; and Mr. Tamar, of Aldstraanburyt
for aradtb3m.

nhellealcrli or, to "In coyt m hb Tm *Won,

the 13 et et -rmitter, sad ea the woe day he sirratdertd,
sad Mr. Bused obadmed from Mr. eolllllaillaiol2tl Goulburn
prase*. from area for dis bankrupt.
Tbs snliedessy siatiossit Mr. Spitler furnished to Mr.
Nicholas. the °Meld maignee, ahows .—Creditors for geode,
1,1191. 2a. 11d.; and ark creditors, 1101. The seats on.
sat of book debts, 2041.; Mock is trade, 2204 ; sad Antares
and furniture, 301.; ler mat doe, 881.; sad taw, W.
Alter theadmierilet of several proof*, Mr. Robert WMlerca.
of Queen'e.arrace, Haventock-hill, gentleman, a eredttor for
841., was sondasted to act as trade assignee, sad serrated
the trust in on:mino with Mr. Robert Obbard, of New
Bridge street, Bleckhiara, merchant, whose debt le 1001.
18e. 4d.

—"Yr.lard drew the attention of the court to the amount
of Hoban and assets, and, in applying for an allowance, stated
that the bankrupt had • wife and Wee children. The court
granted 21.105. per week.

This wee also arteeting for the appointment of scisissiel
ander the &flare of Frederick BeaUll, of Illgh-west
Southwick, sewirman slid florist.
The approximate statement of Masts. Hart Brothers re-
presets debts, 1,4781. 18s. 84., exclusive of an annuity debt
of 8001. The available 'sesta are about 6001.
Yr. Benry Clarke, of Covent-garden, wholesale seedsman.
end 111 c. William James Nutting, of Orsaichureh.etreet,
seedires, were appointed trade mini-nem.
TM bet examination of the bankrupt is flied for the 3lst
Id Octets next, at 12 o'clock, to which time his protection

Aa allowance of 21. pee week, to be increased to EL if the
Mame filed ha belanco-sheet In time to pass at the mat
w was granted.
ill:M. Simpson, of Wellingtoe-street. Lomb:a-bridge,
was appointed the contisuiog solicitor to dm proreediam,
sad Hems. Hart Brothers the accountants.
Amelgamte were also chosen under the bankroptdee of
Wailes Robles, of 72, St. Johe-Mrest, oarmater and
builder, end William Alston, of High-row, Sdree-strest,
Nottlag4lll, draper.
In the former case no statements or aocoante have been
furnished to Mr. Hart, the deputy official amigos*, sad la
the letter the debts are stated to be 1,7001., and the meets
about 3001.

INSOLVENT DEBTORS COURT.--San. 29.
(Before Mr. Deputy Commissioner Dowse.)
IN RI OZOIICIE OSAZIAZDIO scants.
This insolvent, whose cam was Wore the court on Tame-
dakimrsoldfor judgment.
•opposed for Mr.Hird, hosier, Lombard-street;
end Br. Red supported.
' The tandirent owed Mr. Bird • balance of 12./. odd, sad
one Saturday sensing in January called to pay his bill, sad
as be wanted a little crab, it being after banking hours, gave
hie &sum for 271. odd, and received 151. Than were no
aids at his bankers (Messrs. Spillman) when the cheque
was mesons& on the Monday. The insolvent Lad since seat
101. to Mr. Bird, to whom he bad owed jest above 201.
Slam the former bomber he bad filed his bankers' book.
Mr. Had reminded the court that the Walnut bad been
some Swim prison.
Mr. &mood, who had complained of a "'hobby trick"
having been practised on Mr, Hied, said the court had heard
the ems, and it had been left for adjadicaton when the
bankers' book was filed.
Mr. Commlastoner Dowse said be mold not diecbarge the
insolvent Immediately. He considered that the opposing
auditor had established a complaint, and it was his duty to
glee a judgment.
The Court pronounced a judgment of three months from
the vesting order at the suit of the complainant, under the
discretionary clause.