The Express.
London, England, 1863-06-04 00:00:00

LAW IIiTELLIGENCE.

(THIS DAY.)

COURT OF QUEEN'S BENCH.
Sittintnn
,Baaco. —(Before the Lord Chief Justice Cock.
end Justices Wightrean and Blackburn.)
THE METROPOLITAN BOARD OP
.WORKS V. THE PARISH OP

ACTON.

In this case • rule had bean obtained, calling upon
the justices to issue a warrant for the amount of rate
ordered to be levied by the Brian' of Works on the out-
lying parish of Acton. The question was as to the terms of
the precept. The rate was required for special application
to the liquidation of charges under the old system of the
Commissioners of Sewers.
Mr. Lush, Q.C., and Mr. Holl, showed cause against the
rule ; Mr. Raymond supported it.
After hearing the arguments of the learned counsel,
The coed held that the rule must be discharged. The
act kept alive and made provision for discharging the lia-
bilities of the old commissioners, distinguished, however,
from the rates to be levied for defraying the expense' of the
execution of the act under which the Board of Works was
created. The sum required for the two purposes
was, however, to be raised in the same manner. It was but
right that the ratepayers should know to what purposes the
monies to be raised were to be applied, and that consequently
there should be two distinct rates. Much confusion would
arise were the court to hold otherwise and that the two
migtt be united in one rate. The magistrate had done
right in saying that the rate was bad on the face of it end
refusing to issue his warrant.
Rule discharged.
EXPARTE MART FISHES
Mr. L Temple applied for • rule calling on an attorney to
answer the matter of an affidavit. The circumstances were
somewhat peculiar. The applicant and her husband were
apprehended for felony in Liverpool, and they sent for the
attorney in question to defend them. They paid him two
guineas for his services, and also a like sum. When they came
up oo remand they paid him another two guineas. They
were, however, committed, tried and convicted, and the
husband was sentenced to three years' penal servitude,
and the woman to three months' imprisonment. The wife
had served her time, and the husband was now undergoing
his sentence. When they were taken into custody they had
• large amount of property,whieh was admitted tobe no part
of any felony, consisting of jewellery, Sic., and they gave
authority to the police to head the property over to the
attorney to hold it for them. On the woman's release from
custody she applied to the attorney for the property and
Ws bill of costs, but he declined to comply with that
request
Chief Justice said that the husband and wife
having been convicted of felony, the property belooged to
the crown.
Mr. L. Temple said then attorney
claimed the property,
because there was a dispute between the corpora-
tion of Liverpool and the duchy of Lino's-
ter with respect to the property of felon..
Neither party claimed such property, in coosequence
of that dispute. The applicant had beard that the attorney
nowclaimed to hold the property by orderof the corporation,
but no such excuse was set up when the application was
first made to him.
The Lord Chief Justice said it was necessary the court
should know what answer the attorney had to make io the
case, and granted a rule.
Rule granted accordingly.
eXPARTE SMITH V. ELT.

Mr. J. Brown moved fora rule on behalf of Mr. Smith fee
• rule calling upon Mr. Thomas Robert Elt to show came
why. • quo warrant* should not Mane to show
by what authority he claimed to exercise the
office of committeeman of the Licensed Victuallers'
Society, who were the governors under the charter. The
object of the society wu the relief of distreseed members,
and the relatives of deceased members, and also for the
education and maintenance of their children.
The court said the society was purely of an eleemceynary
character, and as there wu nothing of a public. or a quaai-
public character about it, the court could not interfere.
Rule refused.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
GLEN R. BORGE4B AND COVER-PART HEARD.
This morning the plaintiff's case wan resumed and con-
cluded.
Mr. Serjeant Shee (with him Dr Deane, Q.
and Dr.
Wambey) then addressed the court on the gross improba-
bait), of the plaintiff's case, and called several witneseas
who had been on the most intimate terms with Mr. Plulp,
the testator, but who had never heard of the later disposi-
tion of his property.
[These were under examination when we went to prem.)

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Pane.)
TN RI THR HON. GEORGE AUGUSTUS HAMILTON CHICHI:STIR.
The bankrupt was described as formerly of Belfast, Ire-
land, and since of about thirty different places in England.
Ireland, and on the Continent, clerk of the peace for the
county of Aotrim,thd for some time a partner in the firm of
Aube and Son, of Para. manufacturers of phosphate of lime
and manures. The bankrupt was arrested a few weeks ego,
and has since obtained an order of release.
This was the sitting for examination and discharge. The
statement of accounts show, a large amount of indebted-
ness, upwards of 11,000/., without a figure of any kind on
the other side, not even a bad debt. The largest creditor
is Count de Milan, of l'aris, 4,0110/.. in reference
to which debt the bankrupt states :—" He holds my
acceptances in blank to that amount, which were given to him
by the firm of Aube and Son, to be used when required in
I the business of the 'phosphate de chard,' and not to be tuied
unless an equivalent in goods was delivered at the manu-
factory." Mons. Luberge, furniture dealer of Paris, is re-
turned as a creditor for 2.000/., on which the bankrupt re-
marks, "Thu person holds my acceptance to that amouot
which he is to return on payment of 2001."
An amount of 2.0001. is retuned as liabilities,
on accommodation bills, which the bankrupt states to be the
total of his acceptances given for the accommodation of the
firm of Aube and Son, of which firm he was one of the part-
ners, and which carried on business as manufacturers of
phosphate of lime ; MK of the bills had been paid away for
materials, and the remainder he believed to be still in the
hands of Aube and Son. Mr. George Curlewis, tailor, of
Conduit-street, is a creditor for 350/., and has been so
since 1855 ; Mr. F. 0. Chichester. of Leamington, is a an-
dater for money borrowed, 3001. ; Lord Edward Chichester,
of the Arthur Club, St. James's, 5001. ; and Lord Algernou
Chichester, of the Army and Navy Club, 1001. Mr. James
Wheeler, described as a valet, of Lower Sloane.striet,
figures as a creditor for 150/. for " wages, kc." The
bankrupt stetes his expenditure for the last two vearsat
6001. and 5001. a year respectively. He came to the court
on his own petition. and attributes his failure to heavy law
expenses, and his having necome connected with Messrs.
Hale and Co. in the manufacture of phcaphate of lime and
manures.
Mr. Stansfield, the official assignee, reports that nearly
all the debts the for money borrowed between 1851 aid
1863. He hail kept no books ; no trade assignee had
been appointed ; and nothing bad been received under
the estate. Under the head of "places or pensions
iu possession or reversion," the bankrupt stater," I ant
clerk of the peace for the county of Antrim, my salary being
400/. per annum Irish, equal to about 34101. English, which,
together with fees, amount to about 700/. per annum, out
of which I pay a deputy 300/., and my own travelling ex-
penses when there, and other outgoiugs."
Mr. C. T. Cooke opposed for Messrs. Fuller and Co.,
coach-makers, of Bath ; Mr. Sargood supported.
Mr. Cooke asked for a radii account for the hot 13
months, so that the creditors might koow what the bank-
rupt had done with the money he had received.
Mr. Sargood produced a letter from Mr. Fuller. dated
only the previous day, which led him to doubt whether
Mr. Cooke had authority to appear. Ho bad reason to
believe that Mr. Cooke appeared for the wife of the
bankrupt, against whom he bad instituted it suit for divorce.
Mr. Cooke produced it letter of Mats uctions from Mears.
Payne, Bath, solicitors of Messrs. Fuller.
Thu bankrupt was examined. He stated that he was in-
debted to Messrs. Fuller for two carriages, which be hired
with the option of purchase at the cud of the yea.
The carriages were still in his emersion ; he
was ready to return them, whenever Mr. Fuller
liked, or give them up to the official soignee, whichever the
law might require. He saw lire Fuller, seen.. on Saturday
last, at the Prince's Club. Hans-plan. hid not beliese
that he wished to oppose under this bankruptcy, and doubted
whether soy proper authority had been given to Mr. Calm
to do so. He was proceeding against his wife in the Douro
Court for a decree of nullity of marriage, and Mr.
I role,
who now appeared, was solicitor for his wife in those pro, eel.
logs. Mr. Fuller told him that Mr. Cooke had written to
him, requesting him to oppose, but he had declined to hive
anything to say in the mustier. Ile told Mr. Fuller where
the carriages were, and that he could Lave them.
Mr. Sargood submitted that after this evidence lie.
Cooke was bound to give proof on oath of his authority to
appear.
Mr. Cooke relied on the letter he had handed in, accom-
panied by the goof of Messrs. Fuller.
The Commissioner-1 shall adjourn it generally.
Mr. Sargood—But they have no right to ask for an sd-
journment. No one is instructed to do so. It is an unop-
posed case. The solicitor for the bankrupt's wife has hoes
canvassing with a view to get up au opposition. It ma, A
most cruel case.
In answer to questions from Mr. Aldridge, who appeared
for the official assignee.
The bankrupt said that he was ready to give up the
phaeton and harness which he had front Mrs. Fuller. Be
held the office of clerk of the peace for the county of
Antrim, for which the government paid him 400/ a year
Irish, worth about 3410/. English. Ile paid a deputy 30 •
a year, which was the amount of the fees ; he hail alsoother
clerks. He hod about 4011/. a year clear. He held the oth,iii
under a patent from the castes rotolorum of the county.
TheConunisaioner —What proposition does he make to
his creditors ?
Mr. Sargood mid that none of the creditors asked for it.
He only appeared here io consequence of en unfortunate
speculation in Paris ; and one vindictive creditor had throws
him into prison. All the others knew the circumstsoci,
the bankrupt, and did not ask for anything to beset aside
The Commissioner—Very well; then he may pass le,
examination and take hie order of discharge.
The bankrupt, on hearing this decision. gave vest ti
bunt of laughter, sad hastily retired from the box.