The Northern Daily Times.
Liverpool, Merseyside, England, 1857-05-04 00:00:00

were appointed by that meeting to inrestigee his affairs,
that he should at once entAr atn a deh's
in his hooks. hut that tt, h it
th Uuder t -

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to the concleeion that the on.:i s to on ee rleeee
actions in the bankrupt's books was wilful; or with the
intent to conceal the true ewe of his effair., and such
would seem to have been the impression of the com-
mittee (of whom, Mr. Lea one of the assignees, was one),
for in their report they state•that it was very satisfactory
to know that the accounts proposed (alluding to accounts
p epared by the bankrupt's accountant in confomity
with their direction) did not differ in any material point
from the statement hastily prepared by the bankrupt
himself, and submitted to the meeting. This
omission, however, is not to be entirely justified,
as it is, of course, the bounden duty of every
trader to state the whole of his transactions of every
kind on his books, and in this respect the bankrupt is
not absolved entirely from the censure of the court. In
considering the conduct of the bankrupt generally, with
the view to the question whether he is entitled to an im-
mediate certificate or not, there are some circumstances in
his favour which ought not to be passed over; for instance,
it appears that, just previous to his bankruptcy, Kr.
Tilley proceeded against him to execution, under which he
took possession of his stock, and would have thereby
obtained the payment of the whole of his debt, had not
the bankrupt very properly taken immediate steps to pre-
vent this by going to the first solicitor he could meet with,
and, under his advice, he immediately presented a petition
to make himself bankrupt, so that all his creditors might
equally participate in his estate, and he then
immediately called his creditors together and
offered them 103 in the pound. This meeting
was very numerously attended, and all the creditors,
with one exception, but including even the present
assignees, after appointing the committee before referred
to to investigate his affairs, and having received their
report, would have consented to accept this offer, but
in consequence of this one creditor refusing the offer,
it fell to the ground, and the bankruptcy was proceeded
with. And again, it appears, that the statement
which the bankrupt submitted t his creditors at the
first meeting, as to his affairs, was so accurate
as to the a-count and value of his assets, that
the committee, after a close investigation of them, with
the view to the consideration whether the offer of
ten shillings in the pound should be accepted by the
creditors, stated in their before-mentioned report, that
they bad been unable in any material point to increase
the value of the assets, or to discover any concealment or
misrepresentation on the part of he bankrupt in that
respect; and, again, the official assignee, as well as this
committee, state that the bankrupt had given his assistance
and attention most cheerfully and satisfactorily, in the
explanation of his accounts; and his books, although not
perfect, have been kept as fairly, and rather more so, as
books of builders and contractors generally are, under
the circumstances. I have before adverted, that his
estate is expected, even under his bankruptcy, and after
payment of all expenses, to yield a dividend of nearly
seven shillings in the pound for his creditors, notwith-
standing the difficulties he has had to encounter and
struggle through, is also a most important feature in his
favour. All these circumstances combined do, in my
opinion, entitle the bankrupt to the indulgent considera-
tion of the court ; and it is proper to encourage traders who
act thus, and by whose means a fair estate is preserved
for the benefit cf all his creditors, rather than, by any
severe censure from the court, to discourage them from
seeking the aid and protection of the bankrupt laws, and
inducing them to allow any creditor to sweep away all
or a large portion of his e-tats. It is to be observed,
also, that out of a very large body of creditors, who con-
i:st (with about three exceptions) of the very same
persons who were his creditors in May, 1856, not one has
come forward to complain of his conduct—not even the
creditor dissentin gat the meeting —except the two assignees,
who, it is to be remarked, have opposed the bankrupt's
certificate only on their own accoutt, and not under in-
structions from any of the other creditors, and whose
opposition rests, not upon any grounds applicable to
themselves only, but equally so to all the creditors. It
seems to have been inferred, from the circumstances
which have been advered to in the examination of the
bankrupt as to his having opposed the respective pro-
ceedings of bcth the assigneess in this and the other
court, under a trader debtors' summons, and that the
claims of both assignees (though as to one, with some
reduction) have, notwithstanding, been since admitted
and proved under this bankruptcy ; that the bankrupt
was to blame for having thus opposed the claims of the
asignees ; but I do not consider there is any liaine to be
attributed to him on just grounds, for both this and
the other court considered it questionable whether
these claims were then mature, in consequence of
the bankrupt not having yet obtained the necessary
certificate as to the works done, and upon which it was
thought that the deems of the assignees ought so far
depend, as to justify the bankrupt in making a deposit,
that he had then a good defence to the merits of the
claims, and, therefore, this court required him to enter
into a bond. But such certifiea.e having now been
obtained, the bankrupt could not, of course, make
any obi c fun LU tiro proof for tues3 claims. Under
all the circumstances of thfs case therefore, and taking
into eoesideralen those to which I have adverted
as being favourable to the bankrupt, I consider him
entitled to art immediate certificate, and with regard to
the class of this certificate which, although by seine
traders is considered as a mater of little or no impor-
tance, is by others regarded as of seine consequence, as I
presume it is by the present Bankrupt, I have felt
some difficul'y in coming to a determination. The
grounds upon which the classes of certificates are to be
granted according to the terms cf the nrescribed form
fur certificates render it very difficult to 'decide upon the
class to be selected, according to the merits of each case.
But upon a review of all the circumstances of this case,
al hough it may he considered that the bankrupt's losses
under his contracts have been unavoidable, and from
unforeseen events, yet I do not think this is a case in
which I can grant a first class certificate, and therefore,
although with some reluct ince, on account of the circum-
stances favourable to the bankrupt, to which I have before
referred, I must direct this certificate to be of the second
c lass.

tn RID, Friday.—The Spanish Cortes have been opened.
The royal speech was read by Narvaez. The subsiatance
of this address has been entirely anticipated by the
Journal des Debats.

A LEOPARD ar LARGE.—On the morning of the 23rd,
one of the Leonards escaped from Wombell's menagerie,
Lincoln. It appears that the keeper entered the den for the
purpose of cleansing it, and neglected to fasten the door of
the cage. The animal pushed against the door and opened
it, and walking out and finding one of the side doors open
stalked into the show yard, and there passed a little boy
and girl, whom he did not attempt to molest; but a little
dog rushing forward and barking at him, he snapped up
the noisy little belligerent and walked into one of the
drinking booths. Tee dealer in drams perceiving what
sort of a customer had intruded himself, quickly became
scarce, glad as he afterwards said, to leave the gentleman
to help himself cost free. One of the keepers soon ap-
peared in pursuit, and seizing the brute by the nose with a
pa•r of pincers, taus led him back to the den.—Stamford
Mercury.
EXTENSIVE ROBBERY OF FILRS.—At the Manchester
City Police Court, on Friday, William Hackett, James
Hoy, and Joseph Chatfield, were charged with burgla-
rious!), entering the premises of Messrs. Samuel Smith and
Sons, drapers and silk mercers, Deausgate, and stealing
silks and satins to the value of between £2OO and £3OO.
The robbery took place during Wednesday night, and
between half-pas., ten that night, when all was left safe,
and half-past five in the morning, when the robbery was
disc wered, an entrance had been effected from the back
yard by picking the locks of two back doors. From infor-
mation received by the police, Inspector Maybury, and
sergeants Sandford, Bateman, and Buckley proceeded to
Pendleton Station on Thursday afternoon, and there found
the three prisoners, and with them a large box,containing
the stolen silk. From further inquiry it appeared that the
box had been conveyed to the station on a cab in which
only Hackett and Hoy rode ; and no evidence was ad-
duced to show that Chatfield had been in their company
further then incidentally meeting them at Pendleton.
Hackett and Hoy were committed to the assizes, and
Chatfield discharged.
SINGULAR SUICIDE, AND VERDICT OF "FELO DE SE."—
On Monday afternoon last, a tall, athletic man, apparently
about 30 years of age, was seen at the Blue Anchor and
other innQ, Wakefield. Next day, he was seen by two
men walking leisurely along the turnpike road towards
Barnsley. Suddenly he turned off the road, into King's
Wood, and almost immediately after, the two men heard
the report of a pistol. About half an hour after, a little
girl stopped a Mr. George Thompson, who was driving in
his cart and told ii;ea there was a man lying bleeding in
the wood. Mr. Thompson, proceeding to the wood, found
a track of blood leading from a gate to where the man was
lying, insensible and still bleeding, from a pistol shot on
the right side of his head. A new percussion pistol was
lying near his feet. He was removed to the Malt Shovel
Inn, where be died. In his pockets were found a packet
or gunpowder, and a printed circular, dated "Birmingham,
April 23, 1857," and addressed to "Messrs. Guiliver, iron-
mongers, Birmingham,' An inquest was held on Wed-
nesday. The jury, after hearing the evidence, found that
the deceased had deliberately murdered himself, and re.
turned a verdict of " Febo de se." The body was ordered
to be buried at Sandal Magna, between the hours of nine
and twelve the same night.