The Sun.
London, England, 1853-11-07 00:00:00

BAIL COURT.—Nov. 5.

(Sittings at Nisi Prins, before Mr. Justice Coleridge and

Common Juries.)
CANE ANb ANOTHER V. HEATON AND ANOTHER.—
EJECTMENT.

Mr. Watson and Mr. Hindmarsh appeared for the
plaintiffs, and Mr. Willes and Mr. Field for the de-
fendants.

This was an action for ejectment to recover possession
of some property in the manor of Ealing, the custom in
that manor being Borough-English, the youngest son
and youngest brother succeeding to property.in prefer-
ence to other sons and daughters. One Thomas Cane
died intestate on the 25th of March, 1846. He had ac-
cumulated considerable property in this manor, but no
person appearing as his heir, some part of the property
was seized by the Crown, and some part by the Bishop
of London. The plaintiffs claimed as daughters of the
youngest uncle of the deceased. They had already re-
covered that part of the property which had been seized
by the Crown, and this action was brought to recover
that seized by the Bishop.
After the case had proceeded some way, it was ar-
ranged that a verdict should be taken for the plain-
tiffs, without costs.

COURT OF BANKRUPTCY.
IN RE ARTIQUES.—IMPORTANT QUESTION ON THE
CONSTRUCTION OF THE PENAL CLAUSES.
This was the certificate meeting in the case of Jules
Artiques, genes-al merchant and commission agent, of
Mark-lane.
The report of Mr. Pennell the official assignee, stated
vr
that the bankrupt was a rrhman, and came to Lon-
don on his father's business in 1849, but shortly
after commenced business on his own account. The
balance sheet began on the Ist January, 1851, with a
capital of 831. He now owed to creditorsausr 15,552/., of
which sum 8,8431. arose on transactions with his father,
who was also a bankrupt at Bordeaux He
the amount
also
liable on the acceptances of other parties to
aof 3,5981. The profits, from merchandise, commission,uint
charter parties, and other sources, had been 2,1491. . bi
against this was the sum of 2,2791., paid as freight and
insurance, which converted the profit into a loss. The
assets, in good debts and property, here estimated at
475/. ; doubtful debts 4,4041. The property held by
creditors amounted to 1,2631., and the claims upon it to
537/. ; but there was little or no surplus owing to the
heavy loss on the sale of the ship Iris, which cost about
1,1001., and sold for about 4001. The bankrupt's furni-
ture, which cost 3501., was settled on his wife's trustees
at his marriage, Ist March, 1852. The losses by bad
debts were 3,759/. ; trade expenses, 1,480/. ; interest,
discount, and commission, 1,753/. ; interest on father's
debt, 1,321/. ; law expenses, 2501. ; travelling ditto, 8031.
The books were kept by double entry, but they had never
been balanced since the bankrupt commenced business.
The bankrupt had been very assiduous in assisting the
assignees to realise this very complicated estate.
The adjudication was made in December last, on the
petition of Mr. George Corsi, banker, of the Rue Haute-
ville, Paris, a creditor for 8141. The case was last before
the court on the 24th of June, when the bankrupt
applied for his certificate, but the application was ad-
journed sine die, in order that the bankrupt might bring
his father before the court for examination touching his
debts, or give proof of his inability to produce him. In
the interval the father had been examined. From an
account of the official assignee, made up to the 28th ult.,
it appeared that the whole of the assets realised amounted
to Ihand. 621., of which, deducting the expenses, 921. remained
in
The Commissioner_ on Saturday gave judgment as
time.„t This case did not come before him for the first
Cueill f!-,arng had a full opportunity of considering the
once giZilltisa bearings, he thought it right he should at
and the e,?pinion upon it, rather than the bankrupt
again- Creditors
case should be inconvenienced by attending
an attenwts's
deserved one of considerable importance, and
truly stated that attentive consideration. It had been very
that, not being
advanced was a foreigner, and also
to be made for him, "Id in years, some allowance ought
person so circumstanced ought
to have allowaeancrees
that
rlslaadt e for him when the Court was
bound to take
considerations did not
lead it beyond the boundsatelisfustice and common sense.
The Court was not to
that a man 26 years of
age, and who, though a folT•e
ommereial code, was
exam tad from the ob-
versant with our language and our appeared very Con-
an individual who ought to be erxe
to,l. and which
with respect to
servance of all the rules which ou
must govern those engaged in tragdye;
50
this gentleman's position, his histor
commissioner) could collect, appeared tor I,'s he (the
seemed that his father, having been engaged ientis• It
in France, sent this young man to London in order
t
In July, 1849, the bankrupt, happening to be in' thisi.
country on his father's business, himself embarked in
trade, thinking that thereby he would promote not only
his own but his father's views. He had no capital of his
own—nothing at least to be compared with the great
magnitude of his dealings in trade—his capital was only
801. lie, lid. ; that was the whole amount of
capital
with which he credited himself. He (the commissioner)
knew of no law that should exempt him, though a
foreigner, from taking into account that when he began
business with nothing, as an adventurer, he ought
to be particularly careful and cautious before ho em-
barked in speculations to a very large amount. Before he
rushed, hand over head as it were, into dealings involving
in amount a very considerable sum, 50, 00 01, or 60, 00 01.,