The Sun.
London, England, 1858-08-13 00:00:00

TILE FUNDS.

Three per Cent. Consols, 061; ditto for account, Sept. 10,
961 ; New 3 per Cent. Stock, 96; 8 ; ditto for account,
Sept. 10, 961 ; Hibernian Bank, £25 paid, 324-; NatiGnal
Bank of Ireland, £25 paid, 40 x d and b.; Royal Barak of
Ireland, £lO paid, 22; British and Irish Stearn Company,
so paid, 371; Dublin and Liverpool Steam-ship Building
Company, £6O paid, 491 x d.; Grand Canal Company,
Mining Company of Ireland, 17 paid, 14;
Copper Mine, £5 paid, 40 x d.; Cork, Blackrock,
£wllocOmpoawidc, 5 ;
and Passage, £2O paid, 121 ; Great Southern and Western,
4 per cent. pref.. £lOO paid, 071; Irish South-Eastern, £l2
paid, 77; 8; Killarney Junction, £lO paid, 101 ; Midland,
Great Western, and Royal Canal, £5O paid, 50.

[ADVERTISEMENT.]—The Earl of Aldborough and Hol-
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his lordship's letter, dated " Villa Messina, Leghorn, Feb.
21, 1845. To Proft ssor Holloway. Sir,—I beg to acquaint
you that your Pills have effected a cure of a disorder in my
liter and stomach, which all the most eminent of the fsculty
at home and all over the Continent had not been able to
effect—nay, not even the wa,ers of Carlsbad or Marienbad.
(Signed) Aldborough." These wonderful pills will cure
any disorder of the liver and stomach, if taken according to
the printed directions given with every box. This medicine
is as mild as it is efficacious.

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The Royal Exhibition, 1851.—A valuable, newly-invented,
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Yu'd be deqred.-39, Albemarle-
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street, Piccadilly— Opposite the 0
possibly
.co yei tel W.

LAW INTELLIGENCE.

COURT OF BANKRUPTCY.--AVG. 12.
(Before Mr. Commissioner Face.)

IN 13. E SIMON%

This was a sitting for the double purpose of choosing
assignees and disposing of an application for discharge from
custody by the bankrupt, Edward Simon, of 24, South-
street, Brampton, and also of 37 and 38, Mark-lane, a wine
merchant and general commission agent.
Mr. Doria appeared for the bankrupt, and Mr. Abraham
for M. Ballereau, the detaining creditor; Who opposed the
application for discharge,
Mr. Abraham having expressed his desire to exmlae the
petitioning creditor,
Mr. Doria objected that Mr. Abraham had no locus
:fandi,bis client not having proved his debt.
His Honour overruled this objection, saying that if, as a
solicitor, Mr. Abrahams told him he represented a creditor;
he might examine the bankrupt or anybody else.
M. Iliont was then eXaMiiied by sTr.'Abrahain-rHe said
—I am a Catholic priest-living in Cadogan7terrace, Chelsea.
I lent $lOO to the bankrupt I-st year. I nye 1t to hitu in
bank iihteS • his wise was present, but no one else. I never
asked him to pay me balk because I heard he could give me
a little interest; but I have had neither principal ncr in-
terest. I made bankrupt heesuse thou ht hp was au
honest man, and"l thought it was impossible for him to pay
what he Ovfed if he was not made a bankrupt; therefore I
saprigced myself and my money, because I said, I will try
to know what 4e will do,v [This witness speaking Finglish
but imperfectly, ga4e a portiOn of his evidenCe in the French
language.]
)(Ir. Abrpebgm—Did any one ask you to make him bank-
rupt I
The Commissioner—l shall not allow him to answer that
question,
Mr. Abraham—This is a case which requires strict inves-
tigation, and I want to know whether he is aware that he
is Halite to the cost of the bankruptcy.
The Commissioner-.. 1 shall not require him to answer that
either,

Mr. Simon, the bankrupt, deposed that be borrowed £l2O
of last witness in May, 1857. It was entered in the cash-
book.

The cashbook upon being referred to confirmed this state-
ment:

Examination continued—lt ma not entered in the ledger,
but it waa in another book. .

Mr. Abraham—lt appears in this examination that there
is no entry in the bankrupt's books of the borrowing of the
£lOO of M. Mioux. IVi. Mioux's name does not appear,
therefore I submit that, without further consideration, your
honour ought to refuse to allow M. Mioux's claim, inas-
much as there is not a farthing of essets; and I certainly
do not think your honour ought to allow this'man to get out
of custody on such a fraudulent petition as this.
The Commissioner—How do you know there are no assets?
Mr. Abraham—There is not a shilling of assets.
The Commissioner—How do you know that ?
Mr. Abraham—l have not inquired particularly, but I
am told so.
The Commissioner—How can you make such a statement,
when you have not inquired into the matter?
Mr. Abraham—l have inquired of the messenger, and of
the official assignee.
Mr. Whitmore (official easignee)—No • not of me.
Mr, Abraham—Of your clerk I did, and of the bankrupt.
Upon the bankrupt being examined again, he deposed
that though he had no property he had £3OO worth of good
debts. Had been in business four years in Sherborne-lane,
Tower-street, Marl-lane, and New Church-court. The
good debts were for goods sold and delivered. The largest
debt due to hito was one for £lOO from a Frenchman
named Vielle; that debt was for wine and money lent.
The Commissioner—So that though you could not pay
your own debts you could lend money to other people ?
Bankrupt—lt was but a very fniv pounds.
The Commissioner— Have you anything further to ad-
vance ?
Mr. Abraham—My client has been robbed of his money.
Would it be worth while now to go into the question of
fraud ?
The Commissioner—l do not know how I can deal with
that now. If your client has been, as you say, defrauded
and robbed, if you can show that such is the case at the
examination meeting when he comes to pass his last exami-
nation, I shall refuse to protect him, and then your client
can send him to prison.
Mr. Abraham—But we have him in prison already. We
are now his detaining creditor, opposing his discharge
because we believe that this petition-for adjudication wns
presented as a ruse to get him out of custody. I submit
that the petitioning creditor has not proved his debt.
The Commissioner—Oh, as to that I am perfec.ly satisfie
1.
Mr. Abraham—Then I must ask you to adjourn the chi ice.
My client lives in Nantes, and is a creditor for £2OB. lie
has not yet proved his debt and cannot vote in the choice
wain he has dune so. It will take some time to commut,i-
eate with him for that purpcse, and therefore I submit an
adjournment is necessary.
Mr. Whitmore (official assignee), in reply to his honour,
stated the bankrupt had not tendered any statement of his
affairs.
Mr. Abraham said it would take ten days to communicate
with his client, and get his debt proved, which would have
to be done before a juge de paix.
The Commissioner thought the case was in vole respects
unsati,tactory.
Mr. Doria sad the choice paper was already 'igned ; three
creditors only, however, had proved—the petitioning credi-
tor and two others; but Mr. Abraham had been very active
in advising those two creditors not to sign the choice paper,
and had no doubt prevented others from doing so.
The Commissioner—Mr. Abraham thinks it a fraudulent
case, and it is, therefore, natural he should say. " Do not
allow a friend of the bankrupt to become assignee, because
if you do, tny client will be defrauded."
Mr. Doria— He has prevented several creditors from
voting in the choice, but the three creditors who have
proved amount to nearly gloo.
The Commissioner—How is it other creditors have not
come forward to oppose
Mr. Abraham—Perhaps because they believe, as I do, that
there is no chance of a dividend.
Tie Commissioner—flow carve they then to trust a man
‘alien they have such a wonderfully had opinion of him ?
I M. Ainaltarn—l am not concerned for thew, but my

client says be Ills been defrauded, and he does nut care what
the expense may be, but be is determined to punish the
bankrupt.
Toe Commissioncr—Who is your client ?
Mr. Ain aliarn—A dealer in sardines.

The Commissioner—What are sardines ?
Mr. Abraham—Little fi,h sold in tin boxes. My client,
in ccmpliance with an order he received from a Mr. Olde-
nove, scot sardines t ) the amount of £lOO for cash, aid
havir•g incurred all the expense of their transi', instead of
cash 1411 he got was two worthless bills drawn by Mr. Olde-
nove upon the bankrupt. Oldenove gets the sardines,
divides them with the bankrupt es his consideration for
accepti►.g the bills, and we got nu money.
The s.diettor to the petitioning creditor here interposed
for the purpcse of explaining that the reason why other cre-
ditors had not appeared in oppsition wag, not as Mr.
Abrahlim had stated, because they feared they would get no
dividend, hut because his (the speaker's) clerk had seen
many of them, and they had said they were perfectly
satisfied.

The CommissionEr—Satisfied ! Satisfied with what ?
The S.,lieitor—Satisfied with the state of the bankrupt's
affaiN.

Tile Cummisiioner—Who saw them ?

The Solicitor—My clerk.
The clerk, being Examined, said he saw several of the
creditors, who had said they believed the bankrupt was not
so bad as he was reytesented or they would prove, but the)
left. the matter entirely in his clew's hands.
By Mr. D -ria—l am tnauagiug dell( of the solicitor for
the petitioning credit tr.
Mr. Abraham—You are solicitor for the bankrupt as well.
Witnes—We have been acting fur him, but ae are not
doing so now.
The Commissioner—l 8111 not satisfied with the case. Let
the bankrupt go into the box again.
Bankrupt deposed that ha owed £I,100; about half of
that sum was due to foreign creditors.
Tate Commissioner—l think it is doe to those foreip
creditors that there should be an adj.turnment. For bow
long do you propose the adj-urnment should be orderEd ?
Mr. Abraham—Ten class sill be sufficient.
The Commissioner—Then I shall cdjourn it to Thursday,
Aug. 26.

Mr. Abraham asked his honour to direct the bankrupt to
file a list of creditors, as hitherto he had not done so.
Tne Commissioner, having ascertained from the bankrupt
that he could then turn to his books and give the list, imme-
diately ordered him to do so forthwith.
Mr. Doria then applied for the baukrupt'e discharge from
custody.
The Commissioner asked if there was any reason to sup-
pose the bankrupt would abscond ?
Mr. Doria—Not the slightest.
Mr. Abraham—Yes ; I do believe we shall never see him
again.
The Commissioner—l did not ask you what you believed,
but whether you had any reason for believing that the bank-
rupt would not do his duty ; because, as you know, if he
abscond he will be guilty of a felony. Do you believe he
will be guilty of that felony ?
Mr. Abraham—l believe he would.
The Commissioner—ViLat reason have you for so be-
lieving ?

Mr. Abraliaa—Triat he is a foreigner living temporarily
in England.

The Commissioner—Tempt-wily ! (To the bankrupt)--
How long have you been in this country ?
Bankrupt—Eight years. _
. .

The Commissioner-That is what you call a temporary
residence (Laughter.)
Mr. Abraham—l say that if he gets out he will abscond,
because havig acted fraudulently be will be afraid of being
again imprisoned.
Bankrupt deposed he had been in England eight years;
out of which period for three years be had been in the em-
ployment of Mr. Lewis, a pill manufacturer, of Bond-street,
and fur four years he had been in trade on his own account
as a wine merchant and general commission agent.
The Commissioner—And you want me not to give him
protection ?
Mr. Abraham—Yes, sir; because he ought not to have
come to tois court; he is making use of this court to get
his discharge.
The Commissioner—That is just what every man in his
positicn ought to do. I shall discharge him from custody.
Discharged accordingly.
Choice of assignees adjourned to Thursday, Aug. 26.