WEST BRITON AND CORNWALL ADVERTISER 24 January 1851 LEGAL INTELLIGENCE EXETER DISTRICT COURT OF BANKRUPTCY Wednesday, January 15 - Before Mr. Commissioner Bere Re THOMAS DAVEY, farmer, miller, and seedsman, Liskeard, sitting for last examination. The bankrupt was opposed by Mr. STOGDON on behalf of the assignees, and supported by Mr. PITTS. The bankrupt underwent a lengthened examination by Mr. Stogdon, which shewed several inaccuracies and omissions in his balance sheet. In the course of examination, the bankrupt stated that he owed debts to the following parties, but they were not inserted in his balance sheet at their own particular request: viz, Mr. SHORT about GBP 3 or GBP 3.10s. for corn; Mr. HODGE, GBP 14 or 15 for sheep, (he was an intimate friend of the bankrupt, and said he had a particular wish that his debt should not be entered); Mr. MICHELMORE also GBP 5 or 6 for cattle; this gentleman, as well as the rest, had said he did not wish his debt to be entered. The Commissioner inquired whether all this was not with a view to their being paid in full hereafter.This, the Bankrupt said, was not the case; it was merely from his having had many years' dealings with the parties, and they did not wish to burden his estate. He stated that it was about two or three weeks ago that he agreed with these persons that their debts should be altered. They asked him - he did not ask them. He might have asked them if they wished him to enter their debts. He could not tell if they were aware that he was a bankrupt. Upon being questioned as to the mode in which Mr. SHORT's debt was contracted, the bankrupt stated it was thirteen or fourteen bushels of barley, at 4s.6d. or 4s.9d. the Cornish bushel. The order was given after he had signed the declaration of insolvency, and on the very day the corn was delivered it was with other things distrained upon for rent. The reason for his giving the order after committing the act of bankruptcy by signing the declaration of insolvency, was, he had been informed by Mr. VENNING on the Friday before he ordered the corn, that his difficulties would be arranged, and he therefore thought he would be able to go on again with his business. His reason for signing the declaration of insolvency was to put all his creditors upon a proper footing. He knew that MESSRS. SERCOMBE held a dishonoured cheque of his for GBP 7.10s., on the Devon and Cornwall Bank at Liskeard, dated 25th of July last. This was paid to them on account of a dishonored acceptance of his draft for GBP15 on JOHN BAKER, which they held. Baker paid him the GBP15, and he then remitted them GBP 8 on account of the bill which they had put to his account generally. MR. TERRELL, who represented Messrs. Sercombe, said he had seen all the correspondence, and it was quite clear the GBP 8 was not remitted for the purpose of meeting Baker's acceptance. He promised to shew the letters which had passed to the assignees. The Bankrupt further said that a sum of GBP 50 entered as received from RICHARD PETER as apprentice premium was not received in cash. He owed the bankrupt GBP 70, and the premium was allowed in reduction of his debt. He stated that his profits of GBP 911 and GBP 18.17s.6d. were gathered from the amount of business done. They were principally on the corn. His receipts every month were estimated from the quantity of corn ground and payments made. Mr. STOGDON - I dare say you found that you had expended a certain sum every month, and you naturally imagined that you could only have received an equivalent amount, though whether it was more or less you could not tell. The Commissioner said it was quite clear from the many inaccuracies, the examination must be adjourned. The bankrupt was then ordered to amend his balance sheet, and come up again on Wednesday the 22nd instant. WEDNESDAY, JANUARY 22 The bankrupt, THOMAS DAVEY, came up again to-day, having made the amendments required, and was questioned as on the former occasion by Mr. Stogdon, who stated that the creditors were very much dissatisfied with the amount taken credit for by the bankrupt, for maintenance of himself and family, viz. 45s. per week, for part of the period extended over by his balance sheet, and 35s. per week for the remainder of the time. The Bankrupt said that up to 1849, his maintenance he estimated had cost him 45s. per week, as he had to keep three men in the house night and day to work the mill from the scarcity of water, and afterwards when he went to a more commodious and more suitable premises, the three men were discharged, which lessened the expenditure 10s. per week. He was also examined as to his transactions with his daughter, in keeping a shop for sale of grocery, which appeared to be the bankrupt's own property, and which he supplied weekly or monthly, as occasion required, with flour, and allowed his daughter out of the takings to purchase other necessities. In answer to questions by Mr. Stogdon, he stated also that on the 22nd of August last, he wrote Messrs. Sercombe, of Exeter, a letter saying that "he had many returns both of corn and cattle to make which would be done with as little delay as possible," and promising out of the produce thereof to liquidate their debt. That the corn and cattle mentioned therein consisted of two or three fields of barley, and three or four bullocks, and that he afterwards (in September) paid Messrs. Sercombe GBP 5 on account of their debt. [The rest is partially cut off; the bankrupt was given his certificate, once he met certain financial requirements. The Commissioner noted he had 'been helping himself', and now thought it time his creditors received some repayment; therefore, he ordered GBP 1 a week be sent to the assignee.]