The Sun.
London, England, 1851-12-11 00:00:00

IN RE J. CUNDALL.

The bankrupt was a bookseller in Old Rind-street.
This was the certificate meeting. Mr. Linklater
supported.
Mr. LAWRANCE for the assignees, gave an expla-
nation of the bankrupt's partnership with Mr. Addy.
The firm of Cundall and Addy was abundantly sol-
vent. The bankrupt's private debts were 4,000/ ;
his assets about 8001. There had been an attempted
arrangement out of court, which had resulted in se-
veral creditors obtaining preferences, but the as-
signees did not complain, and they were willing that
the bankrupt should receive a certificafe.

Mr. Levey, a creditor, opposed in person. The
bankrupt had, he complained, been living at an extra-
vagant rate at the cost of his creditors. He had com-
menced business in 1841, with a capital of about
7001., and in 1846 he had effected a composition of
1 ls. in the pound upon debts to the amount of 6,0001.
or 7,0001. He had recommenced business in 1846,
with a ,capital of 431. 4s. Id., and had since been
living at the rate of 4001. to 500/. a year. A sum
amounting to 1,900/. had been thus obtained at the
expense of his creditors. In fact, the bankrupt had
had few losses, and the deficiency bad mainly arisen
from his personal expenditure. The bankrupt had,
in August, 1850, employed him (Mr. Levey) to print
a second edition of a work entitled " The Pleasure
Book," whilst the greater portion of the copies printed
of the first edition were in the hands of Messrs. Grant
and Griffiths unsold. Of the new edition 3,090 copies
were almost immediately deposited by the bankrupt
with Mr. Bogue, and an advance obtained thereupon.
The bankrupt had, he urged, obtained the printing of
the second edition, not for the bond fide purposes of
trade or profit, but for the purpose of raising money.
The bankrupt was examined, and stated that at the
the time of selling the first edition of the work to
Messrs. Grant and Griffiths, he had an agreement that
he should be at liberty to print a second edition in
numbers. The second edition was required, although
the first was not sold, Mr. Bogue having sold 1,500
out of the 3,000 copies placed in bis hands.
His HONOUR said that the opposition resolved itself
into one objection, that the bankrupt's trade expendi-
ture alone had exceeded his profits, and that his per-
sonal expenditure had been excessive. He felt that
where the trade expenditure exceeded the profits, a
trader was not justified in drawing one penny for his
personal expenses ; and on this ground the bankrupt
could not receive a certificate of the first class. With
regard to the rate of the personal expenditure, a man
living in Bond-street, and following the particular
trade of the bankrupt, was compelled to assume a per-
sonal appearance somewhat different to a tradesman
living in a bsck street in some parts of the City. With
respect to the allegations against the bankrupt's con•
duct in the matter of the book, he confessed he was
unable to understand it as the case had been put. He
believed it was no uncommon me for a second edition
of a work to be printed before the first edition had
been sold, and he could not see how the bankrupt had
been guilty of any fraud in the transaction. The
bankrupt might receive an immediate certificate of the
second class,

POLICE INRELLIGENCE.
MANSIOiV-HOUSE.

Charles John Prendergast, a young man who was
confidentially employed as a travelhir in the firm of
Brown, Sharp, and Co., of No. 18, Watling-street,
muslin-warehouseman, was brought before the Lord
Mayor by Inspeclor Mitchell, of the City police force,
upon the charge of having ernbezzled 201. 123., which
he had received from Messrs. Deverell.

The writing of the receipt was proved to be that of
the defendant, who was remanded for some days.
Inspector Scott, of the City Police, wits summoned
under peculiar circumstances, by Mr. Horner, of the
firm of Horner and Co., boot and shoe manufacturers,
in Aldermanbury, under the 21 and 3d Vic., cap 71,
sec. 29, which says—" And be it enacted, that if any
goods or money charged to be stolen or fraudulently
obtained shall be in the custody of any constable, by
virtue of any warrant of a justice, or in prosecution
of any charge of felony or misdemeanour in re.
gard to the obtaining thereof, and the person
charged with stealing or obtaining possession as
aforesaid shall not be found, or shall have been
summarily convicted, or shall have been tried and ac-
quitted, or if such person shall have been found
guilty, it shall be lawful for any magistrate to make
an order for the delivery of such goods for money to
the party who shall appear to be the rightful owner,
or in case the same cannot he ascertained, then to
make such order with respect to such goods or money
as to such magistrate shall seem meet. Provided
always, that no such order shall be any bar to the
right of any person or persons to sue the party to
whom such goods or money shall be delivered, and to
recover such goods or money from him by action at
law, so that such action shall be commenced within
six calendar months next af.er which such order shall
be made."

The inspector pleaded not guilty, and said he had
received the property produced, 93 pairs of boots and
6 pairs of shoes, as property which htd been stolen
from the firm in Alderinanbury in September, and
found in the house of Jonas or Jones, who was an-
(pitted by the jury upon the charge of having received
the goods with a guilty knowledge.
It was prove d that the goods produced formed part
of thore which had been stolen.

Fiunis, the officer, said he had received intimation
from which be believed that he should he able to ap-
prehend a person who was charged with the robbery,
and that he bad found two pairs of shoes in the house
in which he believed the thief had been concealed. He
then produced a number of housebreaking implements,
which he described as being of first-rate quality, and