The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-02-16 00:00:00

Legal.

EXETER DISTRICT COURT OF BANKRUPTCY.

Thursday, February 4.
(Before Mr. Commissioner BERL)
BANKRUPTCY OF A LARGE FARMER.

Re William White, farmer, of Tintinhull, near Yeovil.
This was a aitting for the choice of assignees.
. . . . .

Bankrupt, who appeared overwheline'd with grief, was
examined at some length by Mr. Stogdon. He stated
that he held a lease of his estate, under Major-General
Barberton for a period of 21 years, and it was granted
on the 25th of March, 1841. The principal tenement
he rented at £BOO a year, but he also rented separately,
orchards at £l5 • house and orchard at £lO per annum,
&J. The General put in a distress for rent in December
last for a year and a half's rent, which amounted to
£1,242. No deductions were allowed out of this, but
in 1856 the deductions sinounted to £277. Before he
Caine into this Court, he was about a week in Dor-
setshire ; he took away with him £2 or £3; and left
zio with his wife to pay some small bills. When he
returned from this Court on the first occasion, he found
that his wife had not paid those bills, and he had there-
fore brought the money here and given it to the official
assignee.
Mr. Stogdon—What became of the produce of the
farm during the year? You have made no provision
for the rent, and you only have £33 in cash?
. .

Bankrupt mid that war: all the money he had.
Mr. Stogdon.—Having had your attention drawn to
the fact that you had made no provision for the pay-
ment of your rent, and the creditors believing that you
must have money somewhere, are you prepared to abide
by the answer that you only had £.33?
Bankrupt —I do, Sir.
The Commissioner.—Had you no money in the
Bank!

Stegdon.—No, Sir, unfortunately for the creditors
there is none there. There will be matter for serious in-
quiry hereafter, but we will not go into it now.
Bankrupt said, he wished to make everything avail-
able for the creditors.

In answer to further questions by Mr. Stogdon, the
Bankrupt stated that Messrs. Williams and Co., bankers,
of Dorchester, held an acceptance of his for £llB, and it
became due on December 18th. He was served with a
writ by Mr. Cox, solicitor, of Beaminster, and lie had
made an assignment for the benefit of his creditors. He
went to his landlord's agent in London, (Mr. Walford)
and told turn he could not pay his rent as he had
Promised to to. That was after the Baker-street show,
and he usually paid his rent at the Baker-street show.
He did not think he made the assignment before he
went to Mr. Walford, but afterwards. All the stock
on the farm was sold to pay the rent, but there were 80
acres of wheat in ground now.
Mr. Stogdon said that the bankrupt attributed his
failure to the large amount of money he had laid out in
draining. The real assets for the creditors were the
amount to be obtained for the lease, the bankrupt hav-
ing five years still to run under it. He was informed
that there were plenty of people who were willing to
give something for it.
The Bankrupt was then cross-examined by Mr. Pitts.
He had no account of sales of 'stock, for he was sorry to
say that he had not kept books as he ought. He had
sold wheat, amounting to £4OO, since last harvest. The
cattle on his farm he had to keep for Mr. Bide, of
Yeovil. He had 55 heifers and 400 sheep belonging to
him. The agreement was to keep them until they were
fat, at so much per week. He bought and sold them
for Mr. Bide, and handed him over the money, deduct-
ing the amount due for the keep.
The bankrupt was granted an allowance of 30s. per
week, and Mr. Prods, of Salisbury, was chosen assignee.

ABOLITION OF PUNISHMENT FOR DEBT.—A Bill of
Lord Brougham and Vaux, just presented to the Upper
House, totally abolishes imprisonment for debt upon
final process, retaining it only as an in terrorem for
judgment debtors who may be mulucted in damages
under certain actions, or who may have contracted their
debts dishonestly, and this must be proved before the
County Court. The laws relating to bankrupts are
(henceforth) to extend to non-traders.

NEW RULES AND ORDERS FOR THE DIVORCE AND
MATRIMONIAL COURT.- The now rules and orders for
the new Court of Divorce and Matrimonial Causes have
at len rth been issued. They were only printed on Mon.
day, three weeks after the Act came into operation.
There are 57 orders, with 14 forms to be used, and a
table of fees. By the 39th rule "application on the
part of a wife deserted by her husband for an order to
protect her earnings and property acquired since the
commencement of the separation is to be made on sum-
mons to the Judge Ordinary in Chambers. This per-
mission will save the wife frsm exposing her case before
a magistrate. A person may one in forma pauperis
who makes an affidavit, or the attorney, that he or she
is not worth 45, after payment of his or her just debts,
save and except his or her wearing apparel." A case is
to be laid before counsel that the applicant has reason-
able grounds for applying to the Court for relief. The
forms to be used in carrying out the Act are concisely
worded. The fees are of a limited character. 'The
highest is 155. and the lowest 64., with the exception
of the attendance of an examiner to take the evidence of
witnesses. The principal fees in the table are ss. to
2s. 64. There are 20 at 58., and 12 at 2s. 64. out of a
table containing 59 fees. Among the rules is the follow-
ing :—"Where a decree of judicial separation has been
pronounced it shall not be necessary for either party to
enter into a bond conditional against marrying again."
THE LAW OF LIBEL—The following is a copy of the
Lord Chief Justice Campbell's new Bill to amend the
law of libel :—" Whereas it is expedient further to
amend the law respecting libel; be it therefore enacted
by the Queen's Most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:
—l. No person shall be liable to action, information, or
indictment for libel in respect or on account of the
publication of any faithful report of proceedings at any
sitting of either House of Parliament at which strangers
have been permitted to be present. 2. In an action for an
alleged libel it shall be competent to the defendant, in
Addition to any other plea which he may now lawfully
plead, to plead in bar of the said action that the alleged
libel is the report or part of the report of the proceed-
ings of a public, meeting lawfully assembled for a lawful
purpose, and that the said report is a faithful report of
the said proceedings of the said public meeting, and
that the plaintiff has sustained no loss or damage by the
publication of the said alleged libel. 3. For the pur.
poses of the foregoing enactment a public meeting law.
I'fully assembled for a lawful purpose shall mean a meet-
ing called by the sheriff of • county, the mayor of any
, city or borough, or other public functionary haying
authority to convene such meeting, to petition Her
Majesty or either House of Parliament, or • meeting for
the election of a member or members of Parliament, or
a meeting of the council of any city or borough, or a
meeting held under the authority of any Act of Parlia-
ment for imposing any rate or otherwise in relation to
the affairs of any parish or other district."