The Sun.
London, England, 1858-08-17 00:00:00

IN RE BAYLIS.

This was an examination meeting in the case of J. Baylis,
a cape arm lacC ton. NnrvEip
Mr. Lute appeared for the assignees, and Mr. Linklater
for the bankrupt.
Mr. Linklater said this was a case in which bankruptcy
should never have taken place, as the bankrupt had never
been a trader.

The Commissioner—l have nothing to do with that. If
he has been made a bankrupt wrongly he must apply to
another Court for relief.

Mr. Linklater said he was not disposed to do so, as be had
already signed a consent to the adjudication. As the
accounts bad not been filed he proposed an adjournment
till the return of Mr. Commissioner Goulburn, to whom the
ease properly belonged.
Mr. Leete, for the assignees, had no objection to the
adjournment provided the bankrupt gave up his books,
which he had not hitherto done.

Mr. Linklater said there was but one hook, and that con-
tained the amounts recei% ed from Sir William Foster for the
purpose of carrying on the business with respect to which
Baylis was made bankrupt. The business belonged in truth
to Sir William Fester, and Baylis was merely his agent.
The Commissioner—Who is Sir Wm. Foster ?
Mr. Linklater—A solicitor carrying on business at Nor-
wich; be is also engaged in other businesses.
The Commissioner—Then the bankrupt Is merely a ser-
vant ?

Mr. Linklater—Just so, sir.
Mr. Leete—So they contend.
The Commissioner—The question Is whether the creditors
knew be occupied that position.
Mr. Leete—We say they did not.
Mr. Linklater—We have no objection to give the as-
signees every facility, but if we give the book I have men-
tioned it must be returned, because it is not the bankrupt's
property.
The Commissioner—Not the bankrupt's property !
Mr. Linklater—No, sir. It is the property
,of Sir Wm.
Foster.
The Commissioner—The question is not what is his pro-
perty, but what appeared to be his property. If he was
holding himself out; to the world as an independent person,
telling no one of this Sir Wm. Foster, and his connection
with him as agent, why, he cannot new turn round and say,
"I am nobody," or "I only represent Sir Wm. Foster."
Mr. Lisklater—The business was carried on in the name
of '• Baylis and Co."
The Commissioner—That is the very case I am putting.
What business had he to call himself Baylis and Co. The
creditors have a right to take possession of evr rything be-
longing, or apparently belonging. to Baylis and Co.
Mr. Linklater—As far as Mr. Baylis is concerned he can
have no objection to give up everything.
The Commissioner—Do you appear for Sir Wm. Foster?
Mr. Linklater—No, sir.
The Commissioner—Then why trouble yourself about
him ?

A proof was then tendered by a creditor, to which Mr.
Linklater objected, on the ground that Baylis was not
liable.

The Comtnissioner held that beim an accep!ance by
Baylis under the name of Baylis and Co., be was liable.
Mr. Leete said Chancery proceeding's had been Com-
menced against Sir William Foster, but it was said the
bankrupt would arrange with the assignees.
The Commissioner—Do the assignees wish the matter to
be adjourned?
Mr. Leete said they wished the adjournment to be con-
ditional upen the production of the book mentioned.
The Commissioner would not grant a conditional adjourn-
ment.

Mr. Linklater said the book should be delivered up.
The Commissioner—lt is the duty of the assignees to
seize everything belonging- to the bankrupt, and they
ought to have seized all these things without inquiring to
whom they belonged. Baylis never proclaimed himself as
Sir William Foster's agent. The assignees have their war-
rant, and they must use it.
An adjournment was then ordered.

IN RE WESTROP.
This was a sitting for the choice of assignees in the case
of J. Westrop, a gluve manufacturer of Staining-lane. A
preliminary statement by Messrs. Hart Brothers shows :
Creditors, £9!,509; those holding security, £4,424; pro-
perty held by creditors, £4,850; debtors, £388; and pro-
perty, about £B,OOO.
it Appeared that the bankrupt bad been bankrupt before,
his bankruptcy being superseded a few months ago ; but,
finding himself unable to carry out the arrangements under
which he Pvccectied in supersedieg,, he was obliged to come

.....„
eemn to the court. _
Mr. Allen, a manufacturer, of Norwich; and Mr. White,
warehouseman, of Cheapsuir, were chosen assignees.

INSOLVENT DEBTORS' COURT.—Ano.I6.
(Before Mr. Commissioner Phillips.)
The learned Commissioner sat for bail cases and motions.
The next bail day is appointed for Monday week.
IN RE THOMAS CORI3EY—SINGe on baiIULAR CASE
The in-
.
Ms was an application for a discharg.
solvent had filed a petition under the Protection Act, and
had not been heard. Whilst without protection he find in-
curred debts, and was now in prison. Before the vocation
11r. Reed had cbtained permission for the insolvent to file a
Petition under the Prison Art, and to he heard under the
2131 h 'wino rf the Protection Act on the same day. The
insolvent
v now applied to be bailed under the prison petition.
r• 1,014, -t! pe
a ared for a creditor, and eltiPcted to the
present application.
The Registrar (Mr. Ingpen) considered that the insolvent
was in contempt under the protection petition, and could
not be heard on an a
until the other procePerlincrlo)n for bail under the Prison Act
ad been heard.
Mr. Commissioner Phillips
entertain
in the view taken
by his officer, and refused toos
day
the application.
At a subsequent period of theer oynuM. Reed intimated
that be should renew the application the next court day.
IN RE GEORGE NOYCATT—BAN
INSOLVENCY. XRUPTCY AND
Mr. Reed applied to dismiss the
oth c
te o
petition,. and to revest the
1644 on p report of one of thq tilt court, thAt

the debts had been paid and satisfied, and further, that a
=um of upwards of £4OO in court as surplus shomid be paid
to Mr. Notcatt.

INIr. Commissioner Phillips inquired of the learned counsel
whether such things frequently happened in bankruptcy.
Mr. Reed thought not. In this court, however, creditors
were frequently paid 20s. in the pound.
Mr. Commissioner Phillips said that when he a•as the
junior commissioner b had t audit the accJunts, and he
was surprised to see the number of cases in which cre-
ditors were paid in full. "I was," added the learned Com-
mis,ioner, " perfectly astounded at the number of cases iu
which creditors in this court were paid 20s. in the pound."
His Honour granted the application.
IN RE JONATHAN WORRELL HINDS-BILL TRANSAC-

TIONS.
The insolvent, a young man who had resided in Portland-
place, and who had been connected with " bill transactions,"
applied to b 3 discharged on his interim order of protection
until the hearing.
Mr. M'flale, one of the detaining creditors, attended with
his solicitor, and objected to the discharge, on the ground
that the insolvent would abscond if he git out of prison.
There bad been great difficulty in arresting him, but there
would be no objection to his being discharged if bail was
given.
. _

- Mr. Commissioner Phillips said there could be no bail in
a Protection Act. The Legislature had altered the law and
be could not help it. There was nothing in the act against
the present application.
The attorney for Mr. M'Hale remarked that the debts
were £6,000.
Mr. C. V. Lewis, the inwalvent's attorney, objected to the
solicitor appearing in the case.
The learned Commissioner sustained the objection, as it
was contrary to the practice of the Court to allow a solicitor
to oppose.
Mr. Lewis assured the Court that the insolvent would
appear on the hearing. There were, he admitted, detainers
against him.
Mr. Commissioner Phillips discussed the question cf the
discharge, and said, as he saw nothina in the act against it,
be was bound to order the discharge till the day of hearing.
Granted accordingly.