The Sun.
London, England, 1858-08-05 00:00:00

IN RE BOON.

This was the examieation meeting in the case of the
bankrupt, who was a laceman in Ilanway-street, Oxford-
street. His trade debts are merely £1.,327, but his liabi-
lities are £3,735 on bills accepted without consideration for
the two notorious Scotch firms, Macdonald and Co. and
Wallace and Co., of Glasgow; there are no assets.
Mr. Nicho'son (. fli slat as•;ignce) in his repot t sta'ed that
the capital, £lso,was not vouched, the bankrupt not having
kept any st,:ck account; the liabilities, £5,7;35, was only the
outstatwirg balance at the time of the bankruptcy; the
total amount of the accommodation hil!.+ accepted by the
bankrupt for Macdonald and Co. and Wallace and Co. being
about £12,000; the bankrupt had kept no cash-book, and
payments to the amount of about £1,050 were unvouched.
The profits were not vouched, and the expenses were
estimated. He had passed through the Insolvent Court in
1851, owing £4OO, and paying no dividend.
Mr. Poole ( f Pocock and Poole), for the assignee., said
they desired to offer no opp.- sition.
Commissioner—Who aie the. assignees? Are they in•fact
the bar krupt ?
Mr. Poole—They were chosen by creditors, sir.
Commissioner (after It .ving read the official assigrxe's
rrport)—Why, it is all estimated and unvoucheti; theTe is,
in tact, no account at all.
Mr. Poole—The wsigneet consider it the hest account
that the bankrupt can give, and therefore do not wilt to
incur we've by u:elets adjournment; hut they wish to let
him pass now, and at the certificate meciing to examine
into all the questions that may arise upon that account.
Commissioner--Then, as this seems to be a very sinilar
case to that of Sellers, you had better draw up your order in
precisely the same terms as were usAl in that case.
Passed.

IN RE GERARD -APPLICATION FOR TIME TO SUR-

RES DER.

The bankrupt was a merchant of Waltrook. This was
the examination meeting. Be had nut surrendered, and
was stated to- be in Ceylon.
Mr. Lucas asked for an extension of the time for surrender.
The uljudic3tion had beet, made on the loth June. The
ankrupt Wii4 then in Ceylon, width( r he had gone with the
con4ent of his principal creditors, to try to realise his estate
there, which was stated to be worth £69,000, after deluct-
log tltr mortgage. The bankrupt could scarcely have heard
et the rdjudication yet, and supp tsing. him to. return_ im-
mediately he knew of it, the voyage ins Fatiing vessel
would occupy three or four months.
Two letters weie prodirced from Colombo and Kandy,
dared in December and February last, to show that Vie
bankrupt was in Ceylon at that time.
llis linsieur said the question was, whether it had been
'Loan to the satisfaction of the Court that the bankrupt
Iva; prevented from surrendering by a "lawful imriedirrent."
The only el idenee was that of a witness who made affidavit
—merely from hearsay—that the bankrupt was resident in
Ceylon, end was unavoidably absent. The letters only
sliowed him to hare been there in February last. Looking
at the gate of the adjudication, and the time occupied in
the tratistnissio% of the letters (about a month) it was quite
poseible for him to have been in England by this time; but
the probability was that he had gone abroad with the know-
ledge that proceedings in bankruptcy were about to be
taken against him, which was of itself an act of bank-
ruptcy. That he was insolvent was proved by the meetings
of creditors ; and it was extremely unlikely that they would
give him leave to go abroad and stay for two or three years.
No lawful impediment tad been shown, and the case must
take the usual ceurte. Should Le return, he might apply
to have his surrender taken, FO as to escape the peralties
Imposed by the act; and this would probably be granted.
The usual proclamation was then ordeied to be made.