The Express.
London, England, 1857-03-27 00:00:00

ORDER OV COURT.

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EQUITY COURTS.—NIABot 28.
(Before the Blaster of the Rolle.)

IN Ili WALTON'S LATATII SI

This ewe wee brought into court from ehrunbem. The
suit was instituted for the edministration of the rotate of
Mr. Walton, who we. a registered shareholder, in reaped of
twenty shares in the Royal British Bank. lie died in April,
1656 and in August his executor acid the ahem, and exe-
cuted the usual transfer, but the name of the purchaser was
not mgistered at the bank. The hank stopped payment in
September, 1856. Mr. Henry Pelvis, a Credttor of the bank,
commenced an action against Mr. Harding, the
j manager, and obtained a judgment for 575'. IP. 6d. Ile
also proved under the bankruptcy of the bank, and
received a dividend of 1561. Ile. 74. In addition he
issued execution against Mr. Andrew Beattie, a shareholder,
from whom he obtained 28tli. 15a. 24. He then proved his
debt under the winding-up order in Chancery, and he also
sought to prove for the balance of Ma debt against the estate
of Mr. Walton.
Mr. It. Palmer, with whom woe Mr. °dried, submitted
that the judgment being obtained lifter the death of the
testator, it no effect so for as regarded Ilia estate, and that
therefore he had no right to prove against this mate.
Mr. Loyd and Mr. Welford appeared for Mr. Fowls.
lIM Honour directed that the injunction which had been
issued restraining proceedings at common law be dissolved,
an modertalang being given not to issue escalation ; loth
parties to give facilities far bringing the matter before a full
court at common law for its determination.

COURT OF BANKRUPTCY.—MAscu 26.
(More Mr. Commissioner Fans.)
,NRRI. PICT OF AN LIT/NBIV

IN RE

A petition for arrangement, under the provisions of the
Consolidation Act, wee preoented in January boo, by John
Monhall, coal merchant, who carried on en extensive hula-
-081111 at Bolding, and forty-two other
_places, including the
wtndpel &lamina on the Arent Western, the South-
end the London and Brighton Railways. Thie
wee the Ent meeting of creditor..
Mr. Liaklntier appeared fur these creditors who willed the
Wetter to he woundiup by private arrangement.
Mr. Bagley and Mr. Luce& severally npreeenled creditors
who were anxious that the matter should be turned into
bankruptcy ; endas their debts were enfileieLt to outweigh
the others, though the greater number, the petitioner wee
adjudicated bankrupt.
Mr. Maynard, the morountant has prep.tred a preliminary
statement of the bankrupt's liebilitise and *mete, of which the
following are the principal items :
D.. To creditors. 21,929/. • to rent. he., to be paid in
full, 3201.; to liabilities, 1, 1721. ; total, 15,621.
Cu.—By cash, 891. • by ditto pod to official ...lame, 2001. ;
by bailing., officers, 6911.; by horse., cart., boniest,
he., ;by Meek in dm.,
2.9•431. ; by uterusils, 8081.;
by good debtorii, 2,2801.; total, 8,6341.
Mr. Linklaler Paid it was exceedingly important in this
caw to avoid the enormous expense
.of having persona in
=ki n at about forty places of businow, in the interval
the adjudieation and the choke of anaignors. There
would oleo be the expetwe of keeping a vast number of
104 NC
The Cometiesiorr-Telenot you go on with the trade, de-

--
Sterling coda,nd eo forth?
Mr. Linklater —We always find that there 0 so much ex-
pellee connected with the camiv on of a trade by assigneea,
that the creditors think the first for is the best, and that it
is better to get rid of the property at once.
lin Honour, after looking into the act, said that he had
power, under the 40th section, to Oder the immediate sale
where the istste would be diounitied by the property being
keS.
It was ultimately arranged that three or four of the prin-
cipal creditors nhoiald consult as to the beat comae to be
pursued.
Amongst the creditors are Mr. Robert Stephenson and Sir
Joshua Ws/matey and Co., of the Kuiboton
(Ilt ben Mr. Commissioner I lolroyd.)
IN ILE 1111:10.E.TON.

The bankrupt was • boot and shoe manufacturer, of
thiceney-rimcl•creacent. This woe the enamination meeting.
The accounts, papered by Massys. Paul and Turner, ;homed
• large amount of liabilities—unusually large for • person in
the trade carried on by the bankrupt lie owes to unsecured
creditors. and on &sapience., 8,8011/., with other liabilities
M the amount of 9,5:18/. The &acts ate comparatively
email; the amount of the dividend is as yet unrertiun.
Mr. Lawrence .upporto there was no opposition; and
the bankrupt psareksabYerd; t to any questions that might bo
Weed at the certificate meeting.

IN FIN TliF ROYAL MILITISH lIANS.--CNAHGF. AGAINST
A SHAPENNOILEK ll► INTLIWERINU WITH Tax WINDING
OF RATANS.

Mr. Linklater—ln the matter of the Royal British Bank,
I have felt it my duty to bring before your Ilimour'a atten-
tion a rircultir which boa loom publiahed by Mecum. Spark-
ban and Nona— Mr. Spackmon being now in sittendance, in
purattanne of our requeat, for the purr., of complaining of
that which I i•oneirler to be a very great &lam of the oppor-
tunity which own harm of cireutiting untriitha—for thin eir-
caw contains untruths—with reference to the peoreadings
now going on under the bankruptcy of the Royal British
Bank. 'flint Is a latter aignitl by Melvin.. Spitekman and
Boat, and I pr,unie addressed to ■ grrwt number of depo-
sitors in the Itoril Wallah Bank. It is in theft term. :

"tlur•L SANK.

" 10, Ittsinghall-street, London, Muth, 1857.
"Bic,—We beg to wivioo you. the in conselluenee of the
very merinos contplientions which hare taken plat* in the
'Saint of this bank within the last few days, by the with-
drawal of the principal sliarrbolilere from this country, by
tate.real which ban been made to the House of Lew& to
all the pesatedings in bankruptcy, and by the di.-
'metal disclogives made in the examinntiona of Mr. Mande,
which seriously affeet the value of the unreolisrel assets, onr
peke for its linhilitien is this day tined at 10s. Bd. in the
fmm which must he deducted the recent dividend of
pond
fsd7, if rt,eived.
" We presume that we need not my that the arrtingement
referred to in the circular of kleates. Linklater of the :Bith of
February is no longer practirable, and will not be estried out.
In confirmation of this we may add that the 20,000 f. agreed
to be deposited am wearily has not been paid.
" The Attorney-Orneral, in his place in parliament only a
few days ago, pointed out the utter ineouipeteney of the
Court of Bankniptey to wind up the atairn of thin bank,
and we therefore conclude from this, that the hill he will in-
. deduce will simply remove all doubts es to the 41.triMiction
of the two courta, transfer all proceeding. relating to this
bank to the Court of Chancery, and confirm to It the exch.-
Wye jurisdiction to deal with such matters. Any other
measure will only be nn interference with the rights of
creditors. and shake the conttdenee of the public in the tilti•
mate security of every joint-stork bank in the three

kingdoms.
With reference to the purchroten of there linbililie. which
have been mode ho our lino, we are desirous that you should
clearly understand they are mode exclu.nively in the interest
of the ehon•holdere, nn4 with the note view of rompromising
their obligations to the depoeitorn; and a long experience in
this business emblem no to say, that in no other wny can the
creditors of the bunk over realise a return equal to the prices
p.m by ILL
•••• • • -

" We remain, sir, your obedient tenants,
" SP•LKYAN AND Sons."
Mr. Linklater continued—So far from the Attorney-oe-
neral having expressed the opinion referred to, he had shown
the incompetency of the Court of Chancery for such s task,
rad it was the intention of the legidature to frame a bill for
the purpose of vesting in this court more power ins ease
Ilhe the present.
Mr. Lowrance, for shareholders, concurred in Mr. Link-
Woes remarks, and deprecated such statements ea those put
forth In the circular of Messrs. Sparknum. A romprehen•
aye and simple bill had been agreed upon and printed. He
did not see why third persons should interfere so Mesas.
Sparkman had done.
Mr. Sparkman contended that he bed a full right to ex-
press the opinions set forth in the circular, and that he could
support them.
1110 Honour said creditors could exercise their own judg
meet in the matter. The magnet,s bed their remedy if •
Ms published flat which mule him amenable to the Isw.
Mr. Spsekman—Tour honour will never fled ma do that.