The Northern Daily Times.
Liverpool, Merseyside, England, 1853-09-27 00:00:00

nt, was

cotton,

:er,

in fin&

be conimitt

—On

THE POST

a bv I

They attended

divine service at St. Nichols

Church

;es used in the afternoon

divided or not

would get nothing ; and,
, they had no
Act provided

mr the insolvent, at the

He contended, that the
ler under the Bankruptcy
bill, for winding up the
is bill, for the petition,

y equal to the cost of the
ces, private assignments
c than the bankruptcy court,
,ensive at present. That,
Mr. Brooke
ssigtuncnt, whet►
se to his so doing.
ite would not only have
lual creditor, but, would
extent than it could be
eh a course, as the latter,
because the party who
ite a deed of assignment, mig

le of t

t, whethe
deed of

.t get certain
fictitious or otherwise, to come in, and agree to
nment, and sweep away the dividend. In the
:,.37 court the debts should all be proved, and a
:amination gone through ; but not as in a private
it. THE COURT :-Might not the insolvent now
tined with respect to his different creditors ?
vaNs: To be sure—as to every one of them.—Mr.
hat does not actually touch the point, because if a

puts on his list certain creditors, he will of course ba
red to swear to them, but in the other case the exami-
a is not of the debtor, but of the creditors.—The
I think the insolvent ought to be prepared to show
buted the property.—Mr. E VANS : I am pre-
The Insolvent having been briefly examined
h regard to some of his creditors, the

he distri
d to do so,

Mr. Anti

URT said : I think the argument is well founded 'which
;v cats the insolvent to have recourse to one or other of the
ferent remedies, and I am not prepared to say that, be-
Ise he had not recourse to that which had been provided
him, by. the last bankruptcy act, he is therefore precluded
applying to this court. The case cited by Mr. HimE,
aided upon an authority entitled to such great respect as
Commissioner Holroyd, is very important, but I think,
Len we come to examine it, it appears quite clear that Mr.

,M1111SS1011(

Holroyd did not carry out that decision which
)arentiy, upon the face of the report, he seems to have
- He appears to have said that he would not
it an order until all the creditors were put in a similar
tion with those who had come in under the assignment :
he did not grant a final order without any such arrange-
t being carried out, and he required it to be carried out

1 dowr

ply in ri

!ct to the opposing creditor from whom

e opposition had originated-. He therefore does
rt seem to me, if this report be correct, to have acted upon
e principle which in general terms he pronounced. I
unot, therefore, think that this report can be relied upon,
the deliberate expression of his opinion. If it were, I
Lould be very slow indeed to overrule it in this court ; but

Lble to find any gene

doctrine or proceeding

to support such a view as appears to be laid do-wn in the
report, and as Mr. Commissioner Hoiroyd's own action
appears to be inconsistent with the general terms used, I
rather think it comes to this matter of fact, that a proposal

Jeer mac

by the insolvent's counsel, and adapted
by the opposing creditor's counsel, the Commissioner was
de to the proposition, and not raise any further
But while I at present hold that I have
diction in this case,
_and that I may not improperly
it, I think I should also accompany that statement

ready to

with the expression of my conviction, that -in any such case
I shall consider it my duty to enter into the fullest investi-

gun of the manner ill which the assignment has been
trought about, the mode in which it has been conducted,
lid the honesty of dealing with which it has been carried
therefore, while I say that the man who has mado
assignment may have recourse to me, to get rid of
which remain amongst those creditors who have
in under the assignment, still I think the fact
I not in the first instance, appeal to a public
deferred doing so until a later moment renders
„ that I should exercise the greatest care in the
tion which comes before me at the subsequent period.
I ought, under such circumstances, enquire
would be the most beneficial course for administering
istate, and if I find that the man who comes here, has
.ied through the Insolvent Court at a smaller expense,
I that, in reality, his creditors upon the whole did not
upon tchoeurto other
if e Bankruptcy And
,
.ffer,
fI
I willftn
dtake
tt hbayt intog oin
ga
nc otu no
tth.
and,
the first instance, he would have benefitted the mass of his
r flew I creditors, I think I ought, also, take it into account

Out ; t

t he di

So also I f

as a matter of discretion, which I may
id, with regard to the particular circumstances
, I hold myself at liberty to deal with such a
nnes before me. simply stating that I shall re-
Lever such a case does arise before this Court, the
,ns to be given the opposing creditors, or the
ho have not come in, of investigating all accounts,
.espect to the assignment, and to the distribution
s, which remained in hands. Mr. EVANS said,
as prepared to enter into the fullest investigation.—The
then adjourned until the 2nd of October, for a

Bat, I hold it

respect to the as

)osed of, none of which pos-

sed any public interest.
The Court adjourned at three o'clock, until ten o'clock

this morning