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 and lace manufacturer, of Carey-lane, Norwich.
Mr. L'ete appeared for the assignees, and Mr. Linklater

for the bankrupt.
Mr. Linklater said this was a cage in which bankruptcy
should never have taken place, as the bankrupt bad never
been a trader.

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

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

Mr. Linklater said there was but one hook, and that con-
tained the amounts received 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 Faster, and Baylis was merely his agent.
The Commissioner—Who is Sir Wm. Foster ?
Mr. Linklater—A solicitor carrying on business at Nor-
wich; he is also engaged in other businesses.
The Commissioner—Then the bankrupt is merely a ser-
vant 7 _

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
bolding 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 now turn round and say,
"I am nobody," or " I only represent Sir Win. Foster."
Mr. Lialtlater—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 tight to take possession of avfrything be-
longing, or apparently belon2iog, to Baylis and Co.
Mr. Linkl 'ter—As far as Mr. Baylis is concerned be can
have no objection to give up everything.
Time c)
omuiissioner—Do you appear fir 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 Commissioner held that beire accep'ance by
Baylis under the name of Baylis and Co., he was liable.
Mr. Leete sari Chancery proceedings 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-
dilionul open the production of the book mentioned.
The Commissioner would not grant a conditional adjourr-
ran t.
Mr. Lioklater said the book should he titliveed np.
The Commissioner—lt is the duty of the assignees In
seize everything belonging to the baukrupr, and they
ought to have seized alt tt ese things without inquiring to
whom they bilonped. Bnylis 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.