The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-08-22 00:00:00

RE THOMAS AND EDWARD WILLIAMS.

These bankrupts, who were linen drapers in this town,
applied on Thursday for an allowance of their respective
certificates. Mr. James Moss, the soliciior, appeared its
support of the petitioners, and they were opposed by Mr.
Sale, of the firm of Sale and Worthirgton, of Man-
chester, solicitors. The commissioner, upon hearing the
evidence, said he would adjourn the meeting, without pre-
judice to the bankrupts, until Friday, to give him time to
consider his decision. On the sitting of the Court, his
Honour said it was necessary for him in ail cases to look
at the conduct of bankrupts both before and aler their
bankruptcy. In this case there certainly did appear to
have been improvidence in conducting their affairs. and
improvident dealings could offer no defence. His duty,
however, was to look at all the circumstances. The bank-
rupts bad offered lls. in the pound. which had not, been
generally assented to, and they had afierwards offered Bs.
In consideration of the two offers, and also with the
knowledge he had gained from the official assignee. (whom
on all occasions he consulted,) of the very willing conduct
of the bankrupts, and the information he had received
from them with regard to their affairs. he should not meet
the justice of the case if he either withheld or suspended
their certificates. Certificates granted accordingly.

RE THOMAS PRICE.
On Friday last Thomas Price, flour-dealer, appeared
before the learned Commissioner on a resumed examina-
tion. The bankrupt, as in former instances, was opposed
by Mr. Bardswell on behalf of the assi nees, and sup-
ported by Mr. David Evans. It may be remembered,
that the bankrupt had been three or tour times a bank-
rupt before; had once made a compromise of 7s. W. in
the pound; and bad taken the benefit of the Ins.dvent
Debtors' Act. The opposition which led to the present
adjournment was an allegation against the bankrupt that
he had not faithfully surrendered all his goods and effects,
particularly as to the reservation of certain quantities of
flour. An objection was also taken to the unsatisfactory
state of his balance-sheet, which he was studiouSly en-
joined to amend by his next appearance before the court.
Mr. BARDSWELL first adverted to the extravagant item
of £1,053. Ils. 4d. for hou,ehold expenses in the small
space of two years and five months, in a small baker's
shop, the accuracy of which he (Mr. Bardswell) could not
arrive at, as he kept no books. Upon further examina-
tion, he el cited from him that from tl►e business done the
clear receipts of his shop were, on the average, £45 per
week. Calculating, therefore, from his own statement,
which he (Mr. Bardswell) impugned, there was yet a
deficit of somewhere about £3OO, which, he submitted to
the learned Commissioner, in the absence of explanation,
disentitletl the bankrupt to any indulgence from the court.
Mr. DAVID EVANs replied briefly, but very energeti-
cally, in extenua•ion of the conduct of the bankrupt. He
was an ignorant man, had kept no books, and had given
as accurate a representation of his affairs as was in his
power. lie had reserved nothing, and he trusted, under
the circumstances, that the learned Commissioner would
consir'er his case as one in which he could, without in-
justice to any party, afford him the indulgence solicited.
His HONOUR: The question is, whether the bankrupt
has complied with the regulations of the act. It is quite
clear to me that the bankrupt's accounts have been very
irregularly kept, and although, in ordinary cases of this
kind, I cannot punish persons simply on account of their
irregularity, yet, in this case, I must look to the simple
question, has the bankrupt given an accurate account?
Certain sums of money. in the nature of receipts.. have
been traced on his examination. and certain pavritents
ntade therefrom ; but there still remains a deficit of.ooo,
which has not yet been accounted for. Oil the for;mer
examination, the court was diasatisfied with the ,balance
sheet, and the meetine was accordingly adj runlet!. to af-
ford time for the production of another balance sheet,
and to afford some additional information to his creditors
upon his transactions for the last two years. I ant bound
to say, that information has not been satisfactory. I have
every wish, and, in fact, am commanded, to act leniently
with bankrupts , but, in this case, I feel I should not be
doing justice to the creditors if I did not mark my sense
of the very unsatisfactory manner in which the examina-
tion has terminated, and am again compelled to revert to
what I said before, that the bankrupt's memory is singu-
larly tenacious of things which happened twelve, sixteen,
twenty, and even thirty-seven years ago, and in occur-
rences of not a month's elapse his recollection is peculi-
arly defective. Under ail these consider., ons, I cannot
do less than adjourn the examination of the bankrupt
sine die. I will extend his protection for three months,
if with the concurrence of the solicitor of the assignee.
Mr. BARDS VEI.L: Neither the assignees nor the cre-
ditors have the slightest wish to interfere with the pro-
tection offered by the learned commissioner.

Mr. EVANS: The only certificate the bankrupt will re•
quire will be the hand of d..atli : he will never apply again.
His HONOUR did not think the expression of Mr. Evans
at all necessary. If judges were held resp insible in the
exercise of their duties, however painful, by the learned
sdvisers of those who were brought before them, the
practice would be most incodvenient. He would give.the
bankrupt his protection for one month.
Mr. EVANS explained : Ile only meant that the bank-
rupt's means would prevent him ever again applying to
the court ; he had given up every farthing he possessed
in the world.