The Express.
London, England, 1850-01-23 00:00:00

would be shown that the beak was bassinet from
the comeneoemeat, and that ooneepiently this was
gross fraud on the pert of Ginn. who had resisted maim
to this Must as long as pemible. end sow did an pledgee a
penny of assets. Seth a was sot fit to be sent into
the world spin se a t er ; his certificate ought to be re-
fund Ameba'.
_Start wee known to the pebble so baring
boon sisdi Neel back at fft. ein was not
believed to ben say capital ; still he woe respeneible ler the
good menensment et the bask.
ldr. Lindner odd he appestat for a large member of
genitors, wile claims amounted te position
of the whole,
ore
sot for ether party. This opposition bad not bats
in any way by the bankrupt Start. Tice eye of
*aligned sensed bee aidanned one wiseof eke Iniquity
practised by tbabeethrebson. Tbe of Start, who
wee well berm to ban a* cadet], had only been pot late
the firm at the empollse of Gthsos, to whom emir the are-
ditore the bane Wien for repayment Start bad res•
manly warmed the madkres sot to rely on the mosso
OGibses, Mime pioulliality, however, eased the
ed Start; bet &sandlot.
n maim bad son isepriess rine
the be bad winked mokbouly for the estate;
ethane! aMse be ha eitthalltbill bad been almost con-
doned; ern ma sow, nsea was of to his esrtlleats. It
wee w w
Gibes
led.. lee to pretion In was worth
10,00Orrilmneas l
Ifte loot opened in 1844. He bad produced
a eistsongst of poverty meth 14,0001., me item of whisk
was a madmen reversiserwy Interest en the balk of his
mother, who had the eels Owen of the property. Slues
this statement seek of the property bad been sold, whence
it appeared that the whole nine was oily 7,6001. He ed.
settee d that he ties owed to hie brother sad ether parties
4,5221, bevies only about 3,0001. dear. His see an
had not beset remmentive, his expny
1.; sengtheissi, le genuseseed the insperteme ben
sem 'thanker, Is Me
reputed zios with • worth lees tins
to
nothing. They, property to bin aseseally
woe him the imeadeses of the towespeoplo. sod the
beak was speed. Gibe.. then admitted to his Mere
parloar that be badt:noriamerny, and.=2=
client 1,6001. wee teem the
m the lisps& of WM el Gibeen's deeds. The link open
wlit sway appanage et sebelestiethe ; aerate 1111111411 is
be
le the very bet imams Gibes paid en old debt se 3001.
be aMr. Roberts, a below whisk be owed to WNW& Gles
Neg. end the rest tibia honns--ie ell 0001. ef Ike &pekoes'
'enemy applied la pelmet el Ith lowan dab Before
1844, he had the ableesled POOL ; end by Christmas
is that year, 2,6421. • gad by Clnetams, 1845, it wee SAM
The withdrawal of sash biplanes occasioned considerable
eiSeelty in carrying en Ike again of the bask and Bthrt
mode frequent complebb at bet verbally, and afterwards
by least to Gibson, WOW him (in Mush. 1646) that he
hid Inked ens time this wee knows to Mr.
of wOgenesenal that elt wen ems
eiseely st the 111461/ et that He added that
k mei impartible it the book to be earned ne Wank hews
' seise were diverted kom their peeper emplaymen. Gibson
mole in ..awes, *Millie, the mesaistactory state al
his own esosieste, mad offering to retire. It was
inomeivable bow any ens in his senses could
think et carrying oe the bank is such a state
of things. In a subsequent letter Gibson said his tiet
cent was quite indefensible, bet alleged that he was still
able to pay all the demands against him. He offered to
stake some tempMvy errentremest, by borrowing 2,0001. or
3,0601.; end this measured Start, and induced him to go ea,
end gin the same sentence to the enetomen of the bask.
The balance sheet of Jane 1844, showed a deficiency el
those 1,0001, assuming Gleon's over-drawa account to be
• good debt, with 6621. of over dee ;cudbil. In October the
defideney had increased to above 2,0001. in July, 1846,
to 4,4001., with 3,2001. of over due bills. This wee each a
distasteffill state of affairs, that they made out no more
liebusee sheets. Thiess kept getting worse ; till at Cho
1846, Gibsea's over-drawn wenn was 4,3001. It was
eriessisking bow the bath had been kept alive so long ; but
is Amgen, 1647, Gibson wrote to his partner, intim=
wee non to relinquish his interest, asking for a
sliest, sad belting him not to discount any further. The
het that On bank doors were kept open five months after
that, was sufficient to deprive Gibson of his isertficato;
the man must have been utterly bereft of reason
to do so. He had induced Start to believe
that he had resources far overcoming the difficulties,
sad this deletion was kept up for eons time. On the 2nd
el December, 1847, the bank stepped. Gibson's account
was then overdrawn 4,2721. They owed the Commernal
Beak 8,1001. in the August before, and wen posed for esi
amity. Gibson borrowed 1,0001 of his metherand 1001. of
his blether, which was paid to the Commercial Bask, other-
wise his account would have been overdrawn by 6,0001. The
consequence of keeping open the bank had been to enable
him to draw oat the fonds of the deponent; sedebbasenes
had only been stopped by something whisk emmred end.
direly. On the 29th of Noeember, 1847, Gibson bad given
a cheque of 2001. on the Commercial Bank to a Mr. Onus,
who, doubting Gibson's credit, posted up to London, and
presented the cheque. It was diebonoered, and this led to
the closing of the hank. Shortly before Gibson had given
Store notice of &notation, god had taken the management
of the concern. He then repreestitei hims.if to have het
16,0001. through Start, and fraudulently represented him-
self se still pommies considerable property, whereby he ob-
tained the tabu/nee of the nediton. It sow appeared
that hie private debt were 6,8001., and the separate estate
meld pay a dividend of Is. 2d. In January. 1848 he
set forth that he had property worth 7,7931. This
only realised 6,4001., after &ducting incumbrances of 1,5001.
In all he showed dimes If to have • surplus of 2,B49l,concealing
a debt of 2,3001 due to bis brother; the fact Welt that he
was in a deficiepcy of 2,2301. The creditors believed him to
have eontrol over this property ; whereas nearly the whole
of it was in the hands of the Commercial 13..nk as security
for their debt from the bank. The bank account showed •
deficiency of 2,2001 Gibsoa's professional receipts had been
1,4221, while his trade expenses were 1,6141 , and his per-
sonal expenditure 1,2471. Taking into account his income
from other sources, there was a clear excess beyond his re-
WON of 2001. a_year, independently of loam by money lent
isprudently. In the pretended meets of the beak he had
Waded 1,5001. of bed bills. At the meeting in January,
1848, tee creditors bed very simply trust d to the pledge of
his bell that they should not loss a penny, and had kindly
ee to the payment of the small creditors and of the
mass Y okatiation. They had °caseated to this in ignorance
of the enmity given to the bankrupt's brother ; then the
deed of Inspection was signed; sad though in the coarse of
Ike next six months it was eseertained that the property was
meek km valuable than Gibson bad stated, he still continued
tit nth* same amount. Amongst the customers of
the benk were Meters. Kinder aed Delesham, b. ewers, who
▪ A5pn,1647,1* is a bill of 881. for see custody. It
by in the bank IM the 28th of October, and then, in spite of
remoustremess from Stott, it was en&rsed to the Comm-r•
dal Bank, and the amount placed to the credit of Gibson and
Start. This ernsectioa, it was contended, was li tie short
of embezzlement The fiat was taken out on the Ist of
lrgesh,lB4B, on the petition of the bankrupt's brother, who
Wee eleo soigne along with Mr. Ralph &nth, a friend of
Ste bankrupt. His balance sheet gave no account o' any
profits, and showed a deficiency of 1,8711., without any ex-
planation ; nevertheless he had been allowed to pass without
a nerd. In his separate account he claimed to have had a
capital on the let of January, 1847, of 7,9001. ; the truth
was, he was thee deficient 2,7131., independent of the un-
happy position of the bank. He had retuned Mr. Thomas
Webb a a debtor to the bank of 2851 • it toned out this
gentleman owed nothing, and the bankrupt then said he
meant John Webb of whose dealings with the bank there
was no account. The creditors, believing themselves swab
to obtain a full investigation of these affairs ender the sere
rate fiat against Gibson, had gone to the expense et making
Start bankrupt, aid Gibson's application for his certificate
mete 4 7 had been very properly deferred till that of the other bank.
rupt was mine. On all these grounds it was contended that
Airmaa.r. Bagley, on onbothablankruf of apti.aediterns, MetatiaLlifthaareen.theoyfhadSt. the artificial* ought to be refused altogether.
opened their bank in pertaership, is January 1844. and had Georg* Mat, one of the bankrupts, in answrr to question
earned on bon"m with all the outward appeuancee of can. from Mr. Begley, said he was clerk or manager in Median's
can Gibed, in addition to great ability, had great plan- hank berme &en into ParthershiP with Gibson. He had
bility, and was withal a religious man, occesioonly ridden,- so capital. old sot pretend to have any. Gibson brought
tag congregations himself. It would be well if this character nose, bet 1,6001. was borrowed from the Commercial Bank
were not so frequently made a cloak for freed. Gibson, on the deposit of some deeds of Gibeon.s. That was their
however, had the tall „oedema, of his fellow-townsmen • whole capital. He was to receive 3501. a year, and ova
be continued to terry onhis own business of solicitor, Una third of the farther profits. He had also a drawing ac-
count, which was overdrawn 6001. when the bank stopped.
in the best basso in the town, kept his carriage, took out a
mine home, and lived in the greatest style, ■ December, Gibson began to draw immediately the bank opened. At
1847, it was found the banking badness could go on no tee end of the first yea he had overdrawn 2,6421. • in
lodger, and Gibson laid all the blame on his partner Start, Marsh, 1847, it was 4,2541. • and in Jane 6,0921 Titer*
who had been the manager of the bank. A statement was wee so annual general statement of the affairs. There was
laid before the creditors, showing their liabilities, as bankers, a profit and less anent, but it was not made out regularly.
to be 13,6731, and the assets, 11,4631—the deficiency being He was the meager, but was cverworked, and bed not time
covered by Giben's private estate, which he represented to to do P. The bank made no bad debts up to a late period,
be worth 9,0001. He said all he wanted was a lie le time only 1001. up to the beginning of 1847. At the stoppage
and indulgence as he had bean involved by the mismanage- they had a great many bad W 4, owing to the break up in
meet of his partner; end he premised the creditors 20e. in the straw plait trade. The bank's liabilities were then
the pound, with Waimea. The mejoeitya them were induced 12,6001, and the mime, including the overdraws see meta,
to sign a document, artfully drawn up by Gibson, authorising about 10,0001. At that time he thought Gibson's over-
the masers to be wowed ep under inspection, which was drawn account a good as a bank note. It was then about
&gibes more than a dieense for the grossest frauds. He 4,3001.; none of the others were nearly so kap • his owe
bused lament to pay immediately the smell does coder was next, then Mr. Webb's. Gibson at ant used to coma
301., the other cream espegiag to desist nom proceedings,to the bank every morning, and look at the letters ;
It would oppose that this greenest was a deliberate Meta ; latterly, he fought more shy. He would see the letters
tor the property which Getout represented to behis own from tin Commercial Bank, complaining of the account being
Cursed est se be mortgaged to kis mother, his brother, and overdrawn ; this happened repeatedly, for small mounts.
the Cosamorein Bank of Leaks. Not a farthing had the Gibson had f gsent opportunitl a of looking into the se-
erotism ever realm d wider We deed of inspection, though count& In the beginningn 1847 a public dieser wee given
ea
isnekesse of 6s. in the pound was promised in the fol- at hie suggestive to the customaries of the bank. He paid for
=Are. Gibson roctineed to live in the same 'tyre, it in the first instance, bat afterwards debited the bask with
on his practice as attorney, and Midis( an office of it. He and his partner were at diet on the beet terms, bat
tryst le the tows as clerk of the county cact t fortunately sot so recently. The witness then gave an anoint of the
heppenerithat Mr. Beason, one of the ereditots, bad slot deposit of 1001. made by Miss Karen, and the steps taken
*sod the deed of tweed". He commenced an action for peewees to the closing of the bank. On the 3rd December,
W baleen of kis basking nereet ; and, site suffering all 1847, the day after he advised Gibson to have ant
the Edon whisk se ingenious attorney like Mr. Gibson takes, extended that all the claimers would be ap:id Men-
ses'!' the ems wee brought to trial at Hertford on dine', in fell, Gibson said they would not, sad every one
the let Mak last ; and en that very day the flat was meat take care or themselves. Previously he had been led
Amor* the gleam to the ammo was one—that to suppose that Gibson had property enough to pay all, and
lai.laiL Beeman bed signed the deed of inspection. This was, c intempleed the bask closing till November, 1847.
of feessee, Bo ; and it tamed out that some one eke had Gibeon's overdrawings had caused them great difficulty. He
signed lie mode-it was endless to suggest who. Though did not consider it s departure from the strict principles of
she case had been brought into this court benkice for • banker to re-discount the bills they had &s-
-it was not anticipated that the creditors would counted for their customers ; every banker in England did
reeeive a angle peony. The bank appeared to it. They paid a very large sem for dieeounting ; this would
have been conducted with the meet total disregard of con bare been avoided it they had had lam taints'.
menial principles •no profit end lose account bad been kept; Mr. Linklater thee examined the whams as to the trans-
ited Gibson prokied to have been ignorant from beginthe stelae with Mews. Kinder and Debenbitm.
to end of the way in *kith dm Web was going on. But if By Mr. Lawrsoce—llems. Kinder and Delesnham's bill
be bad wilfully 'but his ispe, his dame wee still greeter was paid is "on short." It wee not due until after the
before this smut. He had, bowsaw, been repute By warned stopped* of the bank. Witham bad been clerk in Memo.
by his puma Start of the way is which they were piss Miskett's bank ; aed, ben that, massger of the Limb*
on ; and Gibega's owe le had been overdraws nearly and County Bank et Greeteend. Had previously been on
the whole time. Of a beak so condoetn, the resell must the Stock Exchange some yeses, but was unfortunate, end
have been miaow' to the depositors. In May, 1847, MN bad walked or " waddled" off. Had bees asldr""
Matson deposited 1001.—a small son in amount, but one of breker. When at Gravesend kept a regular profit and loss
mach importance to the Individual. She wee mend by secogge, and sent weekly statemets to the parent bank.
Gibson, to whom the mosey was paid, that it would be site Had never rendered a emulsion to his partner se to how the
secure. After the failure, she wrote to bite on the se*en, be steed until October, 1847. The ogres/gent was that he
and received an answer natant; that he had promised to wee to hen the management of the bank, at 3501 a yes:
" give her a hint" if the bank wee ever likely to go WPM. and receive one-third of the prods., Gibson not to per-be
No such hint wee glue, and Mks Manes, who lad been le- smelly Hebb to bin Gibson had prancingly declined to
dual te de the bee, had se.reedy,* a &Msg. It NMI We the sine.. Wham had beam WAIN le spiel

was wraphary se the rerishiosers to provide for It G repair
of tbseimesb. "IMO thee," said the Chief Isaac*, " beteg
law ef the Ismi. It fellows that the repair or the Ayres
le • &My whisk Is sompulsory on the parishioners to per.
Imm I kis net • SIM voluntary ear, but the law is impen-
d,' ea them te repair
deeelsed the church." The duty, then,
em the vestry to provide the requisite funds. In
the are the partikiOntre did apt deny that the
sled wee in wawa of repair, nor that the sem speeded as
=his for the et mania. It was too arse; the
that rammed fee them to comas,
mee er=ort TaTeila the meant was to be raised. mid
ham nem t• be weledeeed. In the coarse of the arga.
most gt wee eledOMW that the imposition of this rate was to
be eindiseed in die nature of a byrlaw. Bat ant
reeproldrah he malatained, was altogether erroneous. be
Om ems of "lepers v. Davesant," which was dwelt ea he
Oho omensmgenieet, the question at Woe was whales
Cr'madedeass Gould snake a rate, and the
sewn Maid that they hod se such power. Bat in the
ovoid mos the rate wee duly proposed sad seconded ia the
neap and, if a majority paned • resolution ot a charade,
aleepother irrelevant, he was depletes that this act of the
sainority, who desired to set as their legal obligations, wee
MV. Hama Parke we of canna that the judgment wee
errousens. The men asesden for eonsideratiou wes.
whether the saheority of We vestry conspetent to maks
• rate. In his *laim they see. Be said an
we
with the named judges belo is the orialea that the ques-
tion of the bylaw was unreliable to the preemie sem. It
was neosseary la the ars of a brilaw appliceble to the
Taigas of mossy that the majority of those by WhOS that
matey wee to be raised should gin their sweat to the
set, sad this to his approbation was clearly • awe in
=tit, The lading el a bye-law was in the attars of a
ve ea, sad field all he made by a enmity.
The spirited spurt d nbtlem punish those who re-
nnet to make the rate ; still that did not offset the posi-
tion that • minority in the renal recoup of a majority
could make • valid rate. The aelherity of " Oldknow v.
Wainwright." strongly dwelt ea is the MUM of the or-
sunieet, mold set be relied ou as a use ia rise, Wooly as
as illestratien. After &lengthened and named review of the
women aideeed and authorities eked in the cosine of
the case, the knead Baron said, in the abases of say
authorities at imagine to show that it was is the power
of a minority le bled the majority, he felt tompelled to
say that in his oddest the whole rate was invalid, and
esasequently that the judgment was erroneous and ought to
be inersed.
The Chief Justin thought that the jedgmeat shou'd be
revised. lie apprehended that a valid rate seed only be
made by the majority of the vestry. The widen by whom
the refs was stated to have bees mode was • eardied feet
he the we. In sadden • pawn rats, regard mese be had
to seved mattore—te the ainestasee or the seeimate, the
lsect of repairs, the yefreedeu is whisk the rate was to be
levied, the mania ii whisk it wag se be imposed. end the
mode of esiloodea. Nose el these questa= were nought
under the esadeeratisa of the worry. The sal quest/ea
einesitted wee whether the verity should altogether refuse
to make • rate or sot. It was undoubtedly t°. law of the
hail that so pecuniary burden as be lapeasi elope by
deer legal authority. The inspositise of die burden could
trrly *jelly M made by the rthelatioa of the thatority. In
Ibis we Ole Widen was •an impiessi by thaw laving so
level eatheetty te Wad ethers, sail fa that view of the case
he tbeeetht it wee the duty of the Collet el Queen's Bench to
pesidlit die ecolesieetical arum. The chunk wes eosins
ear la mat of repair, and to repair it was as binding on
tks peolehiseers se any express statute law of the lead. It
was dear that the rots of the majority was to the effect that
they would not obey the law. But however much that ea
we lobe lemented as • bad example and dangerous prin.
dent, it did sot follow that it most neeseserily destroy the
legal roaster of the vestry. When any power was sought
to impose the pecuniary burden of taxatioa, the
authorhiss should be clear and aspens, and not
Ines hem loose general analogies. The neceasi-
dee of the OM eculd not estend the authority.
It woe mall the her, sod would be a moat dangerous thing
• howl ,iwige awe said, he cared sot who made the law
pentad he had the construction of it. It was in his
'paha equally dangerous to draw tortuous authorities from
Ti contend that a majority could be bound by
I=Trity was, he thought, totally inconsistent with the
principles of the e netitution and of the common
pascal
After an elaborate review of the arguments adduced
and authorities cited, his lordship concluded by ezp
his opinion that. the judgment wee erroneous and :till
be reversed.
A majority, however, of the court being in favour of the
judgment, it was accordingly twinned.
Banos DAYS.
The Court Bird the fuliowing days for the sittings of the
court after the present term :—Saturday. Feb. 2, for the
Common Pleas errors • Ilenday, the 4th, Tuesday, the sth,
Wednesday, the 6th, 'Thursday, the 7th, Friday, the Bth,
and, if athessary, Saturday, the 9th, for the Exchequer.

COURT OF BANKRUFTCY.—Yzrneuxty.
Boons Xi. COIOIIIIIIOXXS Hotaoni.
Tam 82. ALNANS AND HIATIPORDIN/11 BANK.
This was the certificate meeting is the case of Edward
Gibson and George Start, banker., of St. Albans. The ease
has frequently been before the court, but now presented sone
features of interest. The bankrupts, in effect, opposed each
other: Mr. LAIIIINOI supgrrting Gibson and opposing Stan,
sad Mr. Link/ater supporting Start and opposing the other.
The separate balance-sheet of Gibson, prepared by Mr.
M'ltillop, extends from the Ist ofJeanary, 1847, to the in
of March, 1849, and sustains
Dithe following item:
. _

£7,000 2 10

To 440120 L.
3,434 5 10
CgDlSlNAlsl7mlty=.7.: km 19 10
SL Albest nod Herts. Beak .
PIGMY owl woodry nceipts
Liehnis 2,210 4 1

By debited adulated W prangs .......---..... /1,468 10 1
Property laws vp ...... ........ --.......... 613 14
Diao downed as assarlly
Dittodalined by tbsOmwmiriel Ink 4637 4
Ida ............ 3,552 10
pragraNkas to emirs. 1 613
1,147 4
Ham awl prima OW --.-- 1,247 17
law enema ---„.- -- its 0
Intewnt and dime& —.— . „ 302 11 1
Annultats
Liabilitlis — .......... 2,210 4
Balance —...—.—..... 1 2

1.11,401 4 4
The joist wooed free Mien 16, 1844, to August 9,
1849, showed the following items:
Dm. _ _

To creditors ......
£3,2111 0 0
031111berclal Bank, who bold smolt? for a pert 8,721 10 0
Liabilities
Prat
Cspitol,-1,3001. (borrowed of Owanerclal Balk)

AC11,625 17 11

By good debts
Doobthd do.

,t 976 6 1
. 1,617 13 10
. 661 6 2

n ado...

Law expenditure
Low on a oda 46 1 9
Bank peados (dude bald kyCoanaandad Beak) 1,202 19 11
PraTrade aspanass 6,16716 2 3
Bank =nezpsems
.„
16 13 0
E. WNW* taboo
G. bturt's do. 766 2 3