The Sun.
London, England, 1858-08-18 00:00:00

LAW INTELLIGENCE.

COURT OF BANKRUPTCY.—AL-G. 17.
(Before Mr. Commissioner .Fane
IN RE JOSEPH BENNETT.
This was an examination meeting in the case of the bank-
rupt, a contractor for public works, builder, Sze., carrying
on business in Bridge-row-wharf,
The balance-sheet commenced March 25, 1857, with a
capital of £1,556, and ended June 30, 1838, with creditors,
£935; the assets being stated at—debtors, £1,063, and IT o-
perty estimated to realise £500; making a total of available
assets of £1,563. The profits durinn• the period over which
the trade extended we►e sated at £1,116; against which
appeared trade expenses, £295 ; travelling expenses, £177;
rent and taxes, £130; law charges, £B6 ; discount and in-
terest, £35; housekeeping expenses, 1-295 ; personal ditto.
£5O; loss on sale of property, £361; beyond these figures
an item of £5BO appeared as paid to a late partner, on dis-
solution, in 1858.
Mr. flews, for the assignee, cffered no opposition, and
the bankrupt passed.

IX RE FRANCIS FRANCO.
This was a certificate meeting in the case of the bankrupt,
a merchant, of 47, Lime-street, and of Ladbroke-road, Nut-
ting- hill. The balance-sheet, commencing on Jan. 1, 1837,
with a deficiency of £1,6:2, ended June 1, 1858, with un-
secured creditors, £1,90.); those holding security, £64 ; and
liabilities, £1,155. The assets consisted if property. £325.
During the 18 months comprised in the balance sheet there
were profits, g.J.2 ; against which appeared, expenses (trade,
£100; house and personal ditto, £130; and losses,
£94. The liabilities, £1,155, appeared per contra.
Mr. Harris appeared for the assignees, and Mr. Semple
for the bankrupt.
Mr. Harris stated that there were two assignees—one for
whom he appeared, and the other the sister of the bankrupt.
Upon the sister being chosen sole assignee Mr. Commissioner
Holroydtbsught it better for some other person to be asso-
ciated with her, which led to the appointment of his client.
The bankrupt came to the court on his own petition. The
only asset given up was an annuity expected to produce
about £3OO, originally mortznged to t'se bankrupt's sister.
She, however, relinquished it, and it now formed the only
asset on which the bankrupt presented his own petition as
being worth £1541. The trading had been very unlucky,
having produced no profits, and there were accommodation
bills to the extent of £1,155.
The Commissioner (to the bankrupt)—What excuse do
you offer for accepting bills to this extent ?
Bankrupt—l accepted bills to obtain capital.
The Commissioner—Then you accepted the bills and never
obtained any money ?
Bankrupt—Just so. It was never my object to defraud
any one.
The Commissioner—To whom did you deliver them ?
Bankrupt—The chief of them I delivered to Mr. Terry,
and the others were delivered to Mr. Drosder. I do not
think they designedly made use of the bills, but Drosder
placed them in the hands of another party, who turned out
to be a great rogue. He unfortunately made use of one,
and told me that he had not made use of the others, but I
never could get them back. I have not since heard any-
thing of them, sod therefore I suppose they have not been
negotiated, but I thought it right to insert them in my
schedule, so that there should be no question raised with
respect to them hereafter.
Mr. Semple stated that none of the bills in question had
been yet proved against the estate.
His Honour granted a third-class certificate.

IN RE HUTCHINGS.
The bankrupt was a contractor, of Adam-street, Adelphi.
He had been engaged in several very heavy railway and
other public works, amongst others those of the Llanelly
and Towy Vale Railways. This was an adjourned examina-
tion
meeting. The accounts have already been published
in this journal.
Mr. Pook appeared for the bankrupt; and Mr. Lewis
(Harrison and Lewis) opposed for the assignees.
The proceedings were of a very protracted nature, occu-
pying the principal portion of the day, evidence upon
matters of account forming their principal feature. The
bankrupts' examination bad already been adjourned six
times, this being the seventh meeting for the purpose of
determining whether he should pass upon the accounts he
has presented to the Court, and he having already been 11
months before the Court. Having filed an amended
balance-sheet, the assignees, since the last meeting, had
delivered certain requisitions further information touch-
ing several items therein contained, and the opposition now
proceeded mainly upon the alleged insufficiency of the
answers given by the bankrupt to those interrogatories.
The principal allegations upon which the opposition was
based were that the bankrupt hEd received a sum of £685
from the Llanelly Railway Company, of which no mention
was made in the accounts ; that the domestic and personal
expenses (X 1,972) during the 21 months over which the
balance-sheet extended was an enormous expenditure and
totally unvouched ; that the travelling expenses (X 800) were
excessive ; that no cash account had been supplied ; and
that generally the answers to the requisitions upon these
points were highly unsatisfactory.
To these allegations it was replied that the £685 was a
portion of two sums—X3oo and Xsoo—which bad been re-
ceived by the bankrupt's sub-contractors and agents upon
account of, and expended by him in respect to, the works of
the Llanelly Railway, and it would appear in the ordinary
monthly accounts that it was accounted for either in labour
or the settlement of the contracts. The bankrupt, upon
being examined with reference to the personal and domestic
expenses, said that he did not keep any account of them.
He lived at Lee, in Kent, where his rent was X7O a-year ;
he had six children and kept two servants. The £1,972
was exclusive of travelling expenses.
The Commissioner—What ! in a house which was rented
at £7O a-year only !
Bankrupt—My books show cheques drawn for house-
keeping. I might have given money. With reference to
the personal expenditure, it was said, that the bankrupt kept
no account of it beyond the cheques he drew, and which ap-
peared in his books ; that he lived at Lee, in Kent, paying £7O
for rent ; had a wife and six children, and kept two servants;
the £1,972 were exclusive of travelling expenses, which had
been principally incurred in the four months previous to the
bankruptcy, during which time he had been keeping out of
the way of his creditors, but of these an account, which was
produced, had been kept. As to the cash account, a general
statement of cash appeared in the books, which had been
open to the investigation of the assignees, and it was not
deemed necessary to supply one of a more detailed nature,
even if it could he done, which was, however, impossible.
The requisitions, it was stated, had been answered to the
best of the bankrupt's ability, aed with a view of giviro• as l
much information to the assignees as be was capable of
supplying.
The Commissioner thought the investigation as to the
£685 would have been more appropriately carried out in the
office of the official assignee, and would have resulted in a
more lucid explanation than it was possible to arrive at in
that court. He did not think the personal expenditure,
£1,972 for 21 months, an outrageous sum for a man who was
carrying on a gigantic undertaking
Mr. Pook was bound to contend that the bankrupt should
he allowed to pass his examination, as tie had done everything
in his power to assist the assignees, and render the best
accounts.
Mr. Lewis applied for an adj( rarrisnent, which he consi-
dered the evidence entitled him to demand.
The Commissioner said he stou'd allow the bankrupt to
pass, and if the assignees thought he bad, in swearing to the
statements he had made, sworn tnat which was false, they
must deal with it elsewhere ; but as far as he had the power 1
of judging, he considered the accounts were sufficient and
satisfactory.
Passed accordingly.

_
IN RE LYONS.
The bankrupt, D. W. Lyons, a general merchant, of
Sydney, New South Wales, applied for his certificate.
Mr. Lewis supported, dr. Murrough, for the assignees,
offered no opposition.
Mr. Lewis stated that the bankrupt, a young man of 24,
went to Australia in 1854 for the purpose of trading, his
father having promised to consign goods to him. In 1855
the bankrupt received a communication that his father in-
tended to send him a large quantity of goods. He waited
for six months, and no goods came ; he was therefore unable
to carry out his trade, so he came home. As he was coming
the goods were going—they crossed—be fell between two
stools, for when he got to England his father would not
advance him any more money or goods, and conse-
quently the irregularity with which the goods had been
supplied in the first instance had really caused the bank-
rupt's misfortunes.
His Honour granted a second-class certificate.

INSOLVENT DEBTORS' COURT.
COMPLAINTS AGAINST ASSIGNEES.

At the rising of the court on Monday, Mr. Reed applied
for and obtained two rules against assignees. In one case
an insolvent was remanded for two years, and as the assignee
was the only detaining creditor, he settled with him, and
went out of prison. In the second case, the application was
for an attachment in the assignee not filing his account.
Mr. Commissioner Phillips, in granting the applications,
suggested that the assignee who had let out the insolvent
on a settlement of his debt should be made to bring the
fund into court, as he had received the money when
assignee.
Rules nisi were granted in both cases.