The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-11-15 00:00:00

consciences, %I

days, o

mainder,

no greater 'incentive to exertions to promote the
„public
. .
interest, than the hope of c'

....w. _, -
vourable opinion and confid

ity of I

The Right Hon. Baronet
universal shouts of applause

THE NEW BANKRUPT ACT

The new Bankrupt Act

niercial transactions of ti

does, increased protection

ime into operation on Friday. I
.ensive and comprehensive cha-

as the measure

7 Et, 07
;reditors and debtors, and

requiring the latter to abandon that spirit of recklessne
their dealings which has occasioned such innumerable
failures. The certificate, which under this act is vested in
11, in all cases, after the day mentioned,
who have heedlessly speculated, or

the commissioners, w
be withheld from th

pursued a career other than that which
fair conduct imperatively de

Lave been gat

,ty dictates an,

These principles of the
;ent statute, and by the

recent appointment of twell
in districts, an uniformity of

.
country commissioners, located
ractice may be expected, re-

ulting in permission to all parties to appeal to the Court of
tcview. We give a condensed summary of some of the

principal clauses of the act :
Sec. 4. Every fiat granted to be transmitted to the court
to which it shall be directed, and to be opened forthwith. If
fiat be not opened by the petitioning creditor within three
• within such extended time as the court shall allow,
to be opened by such court at any time within fourteen
-editor

ion of any other petitioning cr

5. After fiat issues, and before the opening thereof, a
trader may be apprehended, if proved to the court that he is
about to quit England, and all his property may be seized.
6. Party arrested may apply to be discharged—appeal given
to either side to the Court of Review. _ .

7. No act of bankruptcy valid unless committed within
twelve months.

Not valid if concealed

9. The amount required by this act to issue a fiat is £5O,
to a single creditor, £7O to two, and £lOO to three creditors.
Persons who have given credit, but whose debts are not due,
may petition, or join in a fiat, whether they have or have
not security in,writing.
10. Increases the number of traders, now including livery
stable keepers, coach proprietors, carriers, ship-owners, auc-
tioneers, apothecaries, market gardeners, cow keepers, brick-
makers, alum-makers lime-burners, and millers.
11. Creditors aftertlffidavit of debt, and after having de-
livered their accounts and demanded payment, may require
the attendance in court of the trader by summons. This and
other provisions are quite new, and while they protect traders
from being harassed, will enable creditors to ascertain their
true position, and prevent false appearance.
13. Trader not coming before the court, having no lawful
impediment, or when coming, refusing to comply with the
requisitions, who shall not pay or compound within fourteen
days after notice, or finding two sureties to a bond, to be
deemed to have committed an act of bankruptcy on the
fifteenth day of such service, provided the fiat be issued with-
in two mr ""-- the affidavit.
1 14. Tr

iths of film
ler attendin,

__ and signing the admission, if he shall
)und within fourteen days, on the fifteenth
med to have committed an act of bankruptcy.

15. Trader admitting a part, and refusing to sign a form
that he has a good defence, or omitting the requisites in the
former section, then to be liable to the same result.
16. If trader refuses to sign the admission, whatever his
statement, to be deemed a refusal of the demand. Court
may enlarge the time for calling on the party.

19. Creditor in an action not the sum for which
he made affidavit, trader to be entitled to the costs of suit,
when it shall appear that the affidavit was made without rea-
sonable or probable cause.

20. On plaintiff being In a situation to sue out execution,
and trader not paying or compounding within fourteen days
after summons, shall, on the following day, be deemed to
have committed an act of bankruptcy.
21. Trader not paying money on a decree in equity, or
order in lunacy, to have a day fixed for payment ; and being
served with notice fourteen days before, shall on the fifteenth
have committed an act of bankruptcy.
22. Trader may sign a declaration of insolvency—to be
considered an act of bankruptcy if fiat issued within two
months.
23. Th

a most important provision. Before notice of
adjudication of bankruptcy is published in the London Ga-
zette, or any warrant of seizure put into force, the trader
have five days to show cause to the court against the validity
of such adjudication. If, at the expiration of the time
allowed, no cause is shown, then the bankruptcy to be in-
serted. Bankrupt may consent to forego the time in order
to facilitate the proceedings • to be protected from arrest,
and, should an examination be adjourned sine die, the court
may endorse his protection for any time not exceeding three
months. Bankrupt, if arrested, to recover for his own use
£5 a day from the officer.

24. It bankrupt intends to contest the fiat, he must com-
mence an action in twenty-one days from the advertisement;
if within any part of Europe within three months, or else-
where within twelve months.
27. Court may alter the sittings for last examination, &c.
28 Servants and clerks entitled to arrears of wages, not
exceeding three months, and not exceeding £3O. To prove

for the residue

N. Labourers entitled to 40s

To prove for the re-

32. Bankrupt guilty of felony if he conceals property to
£lO, or books of account, and liable to transportation for
life, or imprisonment for seven years.
33. Court may enlarge the time of surrender.
34. Destroying and falsifying accounts or authorizing false
entries to be deemed a misdemeanor, and liable to three
years' imprisonment.
35. Obtaining goods within three months under false
pretences, or disposing of them, knowing them to have been
so obtained, liable to three years' imprisonment.
38. Certificates not to be granted, and if allowed void, if
bankrupt has lost £2O in one day by gaming, or £2OO in the
preceeding year, or £2OO by stock jobbing, or have concealed
destroyed, or falsified his books, &c. or concealed any pro-
perty, or allowed a false debt to be proved—any of these
circumstances to vitiate the certificate. _ _ .

44. The allowance to a bankrupt after certificate, and not
to be paid before twelve months, is to be five per cent. and
not to exceed £4OO, if 10s. in the pound be paid ; 71 per
cent. and not exceeding £5OO, provided 12s. 6d. be paid;
and 10 per cent, and not exceeding £6OO, if 15s. be paid.
Official Assignees to the number of thirty are to be ap-
pointed for the country, and twelve new commissioners to
country districts, and twelve Deputy Registrars. The sala-
ries are fixed at £2,500 to the Judge of the Court of Review,
£2,000 a year to the London Commissioners, £l,BOO to
those in the country, £l,OOO each to the Registrars in Lon-
don, £BOO to the Deputy Registrars in London, and £6OO to
the Deputy Registrars in the country.

THE WHOLESALE INFANTICIDE.—The inquiry into the
case of Frances Bennett, accused of having murdered six
children, whom she had borne to a man of the name of Yapp,
with whom she' ohabited, was resumed on Wednesday last.
We gave in the STANDARD of Friday all that was divulged
at the first day's inquiry. The evidence adduced at the
adjournment was similar to that to which we adverted last
week, and no new fact of a material nature transpired. The
jury expressed an opinion, that if further time were allowed,
additional evidence might probably be obtained, and the in-
quest was, consequently, again adjourned till Wednesday
next, the 16th instant. In the mean time, Thomas Yapp
continues in custody, and a policeman also remains in the
house where the tragedy was committed, in order to take
charge of the woman, Frances Bennett, who continues in the
same state of ill-health.—Gloucester Journal of Saturday.
FATE OF A BRITISH OFFICER ON THE RETREAT FROM
CABUL.—Tbe following particulars of the fate of Captain W.
Grant, 27th Native Infantry, major of brigade, who fell in
the retreat from Cabul, have been furnished us by one who
esteemed him as a friend, and well knew his worth and gal-
lantry as a soldier. The details may afford satisfaction (a
melancholy one indeed) to his friends and relatives. The
writer says, " I have gained the particulars from Captain
Boyd, of the commissiariat (a prisoner now in Cabul) and
from Captains Johnstone, paymaster of the Shah's force, and
Souter, of her Majesty's 44th, the only officer of that regi-
ment who survived the massacre at the barrier thrown across
the Gundamuck pass. As you already know, he (Captain
Grant) received two sabre cuts in the face the second or third
day after the force moved from Cabul, but of these he made
light, and continued to keep his place with the troops. At
Jugdulluck the little remnant that remained, all Europeans.
were sorely pressed by the enemy, and General Elphinstone
desired the whole of the officers present, who were mounted
(about twenty in number) to form into line and charge the
assailants ; in this charge Grant was included, and was
placed next to Johnstone in the line ; he received a shot in
the cheek which broke his lower jaw, but he still maintained
his position, and the enemy were beaten off; he struggled
against the torture of his wound most manfully, but the loss
of blood at length overcame him, and Johnstone at length
assisted him to dismount, and bandaged up, as well as he
could, the fractured jaw, which gave him great relief, and he
started with the rest that night for Gundamuck. Captain
Souter states that during the march he was dreadfully ex-
hausted by the intense agony he suffered, but just before
they reached the pass he completely rallied all his strength,
and seemed to gain fresh spirit. At the hand-to-hand con-
flict at the barrier, Souter says 'no man fought more des-
perately, or sold his life more dearly than poor Grant ;' but
he was at length struck down by a Jezail ball in the breast.
A sergeant of the 44th ran up to him, and tried to raise him,
but he stopped him, saying, ' It's no use my good fellow,
that ball has done the business. Take this,' giving the man
his sword ; it has done me good service, and may serve you.'
With these words he breathed his last. Peace be to his un-
buried ashes ! The sergeant to whom he gave his sword
was made a prisoner, and carried the good blade to Lughman ;
but there he was deprived of it, and all Bazett's endeavours
to procure its recovery have been ineffectual. It was one he
much valued and relied upon, for it had been presented to
his father by his regiment." We may be excused for dwelling
on these particulars ; they form but one relation of the suf-
ferings of hundreds who met their death, we hope, in as truly
a Briton-like manner, and will serve to show those who, like
ourselves, merely read in the despatches the mere number
killed and wounded, the gallantry and sufferings of those
that fell, and have no one to record their behaviour ; few,
alas ? remain to do so on this occasion.—Delhi Gazette,

August 27.

DESPERATE OUTRAGE AND GALLANT RESISTANCE.—
At Ballygraigue, in the vicinity of this town, on the night of
Monday week, a number of men broke into the house of J ames
and John Power. James, who was in the act of reading a
religious book for his infirm mother, had a pistol pointed at
his bead by a miscreant who swore that he would soon change
his devotion, and ordered him to go on his knees until he
shot him. The young man, notwithstanding the pistol being
presented to him, sprung, lion-like, on his intended mur-
derer, and rung the pistol from his grasp, exclaiming, at the
same time, " That if he was to die, it would not be on his
knees." Two morieruffians rushed in to the rescue of their
accomplice, beat Power to the ground, and deprived him of
the pistol. John Power now joined his brother ; and having
knocked down one of the fellows, who was trampling on his
brother, a pistol was presented at him, with an execration
that his brains would be blown out if he stirred a hand.
Henry Power, who had been in bed, now came to the assist-
ance of his brothers, armed with a shovel, and cleaved the
bead of the ruffian who held the pistol; the miscreant fell,
and while down, he gave him three blows of the edge of the
shovel. Seven or eight men broke into the house, every
second man of whom was armed with a pistol ; the candle
being extinguished, the conflict became general and desperate,
and there caa be no doubt but it was the fear of shooting
some of their own party, that prevented the discharge of the
pistols. Patrick Power, a young man, upon whose sight the
Lord was pleased to set the seal of darkness, groped out and
seized one of the fellows by the throat, and would have
choked him, had it not beep that the wretched being cried
out for mercy ; and the young man, from a religious feeling,
let the miscreant go unstrangled. So desperate was the re-
rivers gave, that they cleared the kitchen of
and barred the door against them. While