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

LAW INTELLIGENCE.

COURT OF BANKRUPTCY.—AUG. 16.
(Before Mr. Commissioner Fane.)

IN kE DAVID III:GlIES.

Mr. Nelson, of the firm of Lawless and Nelsen, solicitors for
the assignees under 1113 a',ove ban kr uptcy, applied fur an order
directing the official assignee (there being no trade assig-
nees yet appointed) to empower some person, by warrant of
attorney, to proceed immediately to Australia (the destina-
tion of the bankrupt), for the purpose of seizing any pro-
perty which may be found upon him when be arrives there.
The Commissioner asked what proceedings bad been taken
in this matter ?
Mr. Nelson replied that adjudication of bankruptcy had
been made against Hughes, and that that adjudication had
been disputed, but confirmed.
The Commissioner desired to know why the present appli-
cation had not been made at the time of the hearing of the
disputed adjudication ?
Mr. Nelson replied that it was impossible then to discover
that the bankrupt had abscouded with sufficient property to
warrant the employment of a detective, cr that course would
have been adopted. It had, however, been ascertained that
the bankrupt would have at least £3OO with him upon
his arrival in Australia.
The Commissioner—But he has been gone some time, has
he not ? Will you not be too late??
Mr. Nelson replied that the Australian mail steamer was
going to start in a few hours, and it was expected that it
would art ive in Australia before the Red Jacket, the vessel
in which the bankrupt had decamped.
His Honour then granted the application.
IN RE HENRY HALL AND CHESLYN HALL.
The bankrupts were the solicitors of New Beswell-court,
whose case not long since excited some pub!ic attention.
Mr. Froome now applied to the Court for leave to ex-
amine witnesses under the following circumstances. The
father of the bankrupts was a trustee for a Mr. Cunliffe, de-
ceased. Upon his death be devised the trust to his sons.
They became defaulting trustees to the amount of £3,000,
that sum having been proved against the bankrupts' estate.
Upon this being discovered, an application was made
to the Court of Chancery for the appointment of new
trustees, and they were accordingly appointed, the
bankrupts being directed to give up all the deeds,
papers, Sm., relating to the estate. In obedience to
this order the bankrupts had delivered up several deeds
to the new trustees, and had made an affidavit that they
were all they possessed. Upon being examined, however,
it was found that several were missing. The inquiry was
induced from one estate, the Ravenbili estate, having been
sold, and the sale proving inoperative, in consequence of a
defect in the title. There were besiees other estates at
Colne, which were advertised for sale in September next,
and which were valued at between £7,000 and £B,OOO.
With respect to the latter it was hoped that a sufficiently
good title might be matte out to satisfy any purchaser, but
still it would be very desirable if some deeds, supposed to be
among those that were missing, and which it was ascer-
tained bad been executed between 1791 and 1820,
could be produced. In accordance, therefore, with
this object, the deeds in question had been advertised.
Mr. John Holland, a dealer in waste paper, having
seen the advertisement, and observing that it applied
to the name of Cnnliffe, immediately repaired to the office
of Mr. Froome in Lincoln's-inn-fields with the deeds now
produced. Upon being asked how he hal obtained them he
stated that be had purchased them in the ordinary course of
his business from Mr. Peake, a cheesemonger in Fetter-
lane, with a quantity of waste paper ; but at the time
be purchased the paper in question he was unaware that
the deeds were amongst it. The deeds were very valuable,
especially that of 1791, inasmuch as it might lead to the dis-
covery of others which were still missing. He (Mr. Froome)
therefore desired to examine Mr. Peake for the purpose of
ascertaining bow he had obtained possession of these deeds.
Mr. Peake was then examined. and said—l have several
times purchased waste paper from the same person of whom
I bought this; he is a man who wears a kind of fustian coat,
and has always signed his receipts in the name of A. Linton.
I know nothing of the man beyond having made a few pur-
chases of him in this manner, bat I should know him again
if I saw him.
Mr. Froome—The waste paper in which the deeds were
found weighed 6 cwt.
Mr. Peake—The deeds might as well have been bank-
notes as far as I was concerned, so little did I imagine what
was in the paper I bought, and which I sold to Mr. Holland.
It would give me the greatest pleasure to give you every
information in my power; but what I have stated is really
all that I know of the matter.
It having been found upon reference to the deeds that they
bore the name of Entwisle,
Mr. Plews (who appeared as solicitor of the assignees
under the bankruptcy of the Halls to watch the proceedings)
—Entwisle ! That is the name of a clerk in the employ-
ment of the bankrupts.
The Commissioner—Well, now that you have a clue you
will be able to follow it up and discover the rest of the
deeds.
Some discussion ensued, during which it appeared that
during the progress of a petition for private arrangement
the bankrupts had been permitte Ito carry on their business,
and that Entwisle had acted for them in a variety of ways.
Mr. Plews said he had no doubt that Entwisle, whose ad-
dress be could obtain, would give every possible informa-
tion.

Mr. Holland said he had frequently discovered briefs,
deeds, and other valuable papers in the waste paper be pur-
chased from solicitors' offices; that in some instances they
were worthless, but they were sometimes otherwise. He
bad purchased the papers in question from Mr. Peake, as
bad been stated, and had given every information in his
power upon discovering from the advertisement that they
were valuable.
Mr. Froome said the bankrupts had stated that a Mr.
Rymer was the holdttr of some of Mr. Cunliffe's deeds;
some bad certainly been obtained from Mr. Rymer, but he,
like the bankrupts, was now out of the jurisdiction of the
Court.
His Honour expressed a hope that the information already
elicited would lead to the discovery of the whole of the deeds.