The Express.
London, England, 1855-11-26 00:00:00

MONDAY RVWM. NOTEMBIR 26, 1866.

-
`

Vs!'i

7\ 71,

ILA) Manama.

NITIOPOLITAN COUNTY 001711 ML
*Nag den appointed kw the meant week.

Wananarsa, Bt. Vottio'o.kaa—Tuaday, Nov. ; Waloaday,
28g.'
attrunriday. I. ; TAW. NI.
as. Dosou.laroa.—Tosoday, Nov. IT; Wodaaday,
it .
Wainaaabi"Ositarroot.i4ead:_zToootoumdu, Nov. 27; Thoroday. 19.
, Nov. IS; Tionday, at.
lovilmr=ll.rati.—Torday, Nov. V.
NowiTir&NE, Nworalrele—ToN4q, Nov. 27; WoNaNday, 22;
May, it.
Cliabunnil Now-rood.—Tooodu, Nov. 11 ; Indamoday.
ft ; 9,m.
EQUITY COURTB.—Nov. 94.
WO= TM HAMS 0/ TIO ROLM
IN RS W. I. 71/.llla.

This wee a petition by Mr. W. H. Barber to be mad-
mined a solicitor of this mart. The petitioner, it will be
remembered, was °Deviated aloes with Fletcher and others
of having participated is the Bak will forgeries, bat was
subeequeatly pardoned. He has Linos applied several times
to this court mad to the superior consinca law courts to be
re-admitted, on the ground that he was not guilty of the
offence imputed to him, but these appliestions were nesse-
maul until a few days ago, when he was re-admitted by
the Court of Qaeeu's Bench.
Mr. R. Palmer' Mr. Bo:beret, and Mr. Welfotd
ep-
paired to support of the petition, which was not opposed.
His Honour made an order is mends= with the prayer
of the petition.

'.y A(T7r7 r

. -r,~ ~

to pudshaamle of severity which ha Md so desire Waxes
prate. bat whirls were capable ad felliedes great min •
sad he mush fumed the mane the dabs --t bad p
—.though los did eat wish to say anytidag that would la•
dam palatal osemeries—towerds young, ill•dissiplined and
ill-tanght la* had boss attended with meet istal nada.
The man did not, however, forpt t:Tis= aMs
posidem and dm emhasquessee, which shah hat
dehadaat, which aufortanataly was in all
ma elm, aid the ommemiesses were vary Asa greater
am *Mks hosired mem to require. They would
take awe e_immeetsesse into sonsideratim min the ma mass
they Mein Mewl be Inseams ; bat the mart hoped that in
phasiag • sendoeso whisk some might consider NO lenient,
so am la the delhadant's sitaatioa, with more luestrlesige
sad less puce ielentisa, would Wok that the sours would be
(mad wades is visiting mach as offender with a greater
and more peoposliseate degree of severity. It had been
properly said that the pseitera of the defendant shosld act
as a warning to *diem and the sentence of the court was
that he should beimoefosa.d is the Quem's Prison for the
period of three odemW months, and that as of the first
clam of iniadensammate.
The defeaulast, who throughout the proceedings had
displayed remarkable grasses, and whose demeanour was
marked with Ms plated propriety, was then removed.

COURT OF

IN 13

=FOSS MIL

!MAO= AND 11011 OP PILOOP.

r.—Nov. 24.

NITLILDOI-TNI NAB IN
Al TO LIQUIDATED DA

The bankrupt., Thomas and Joseph Routledp, were
sawyon and timber mulhants, curling on batintle at
Holland•street, Bleskfriars-read, and subsequently at Letts's
Wharf, Coasterslal-road, Lambeth. This war a dividend
sisotieg. The site was before the court so the question of
certificate • how days ago, when the bankrupts were
awarded Ares class certificate., it appearing that their
faller. bad resulted from a serious lees occasioned by a fire
which immured on their premises in Maud-street in
Februry last. At that time they had In their yard several
thousand pounds' worth of timber, which bad boon sent
there by various parties foe the purpose of ;being sawn.
This waste • large Mont destroyed ; and the parties now
sought to pm. against the estate, the bankrupts having
'indention to issue the timber, but having failed to do so.
Mr. Oar* wee heard is support of the claim of Mr.
Hoary Bateman, who ought to prove for 1,3401. is. Bd.
Mr. Bsgisy, for the usigaus, eentesded that the amount
of damage not being meertained at the time of the beak-
ruptsy Apt itht was sot provable against the estate.
His it:envie:irepee judgment. He said the are was
ef one , sot Daly to the creditor.,
a gust mastof whom ware is a similar potitioe, but also to
the benkripli thineasime, as, if the claims were not prove-
able Mate, they would still be liable to them,
notwi ash entifinte, and this would of course
make a groat is their audition on reousnancing
their wading. It appeared that Mr. Bateman was in the
habit of sowing hi. timber to be sawed by the bankrupts,
end that is Aegis% 1863, this; nude a verbal contract with
him that whatever timber heroes should always be inured.
They ..deed hem Wm to time lugs quustitiee of timber
from him, and from other persons • lent, unfortunately
and Imiumerly, they negiosted to halal their promise to
Item. The astilleal whisk Kr. Bateman wished to pro
vide ordeal sets iNp Mannoi la the spring of thh year,
sod • large
tar id timber wee mommed. Immediately
an the Si. pees, whisk was shortly before the bank-
ruptcy, app ' wee mode to the Kittredge*, and an
mount was raiding by them • but that account included
"sly the quantity, sad was salad a steak account. On the
ether side, an SINSIIIIIi was suit by Mr. Bateman to the
hoshemies, in whisk the .set pries of the timber was stated;
and ins el these two sesames it was *ought to make a sort
of
sproomant Manisa the parties, so as to make this a
dimmed 'Maio, to the bankruptcy—adsuand which might
M only be »dual to a sertaiaty, but which had been
weed apse Mures. the parties. An action wee brought
Wore the baakniptay to mum dumps for this neglect
as lama; and abartly after the action was brought the
beekrupany took . The declaration contained oust.
both in odd is tort ; for different emu. of auks
might saw be pined seder the new rules of pleading.
The collet prosesdad. After the bankruptcy the plaintiff
obtained • medial; admission) were tutored into by the
attorneys on seek Mb, and as agreement was emu to as
to the amount of damage,. It war untended that this
bound the meioses. He dissented from that view of the
cum The amigaess were not at all affected by what passed
betimes the Mecum after the bankruptcy, and behind
their books, for the aseigum were no partite to the action.
A verdict was takes for the aauseat agreed open, judgment
was entered up, end it was dear the plaintiff now had •
judgment for the recovery of his debt. But all this was
after the bankruptcy vend the question ateee whether the
plaintiff mold treat thie ea • demand or debt provable under
the adjudieation. The euelasiat of the court was Tory
char that he audd not de es • sad the spurt had come to
that oosoluise with regret, as the consequences to the bank-
rupt. would be very sinks. It had been argued by Mr.
Bosky that the simple contract debt, supposing
there to have been a contract before the bankruptcy,
hod merged I. the greater security of the judgment,
which wee loss diet the bankruptcy ; and that vies of the
ore might beright. But it wee not neeenary to put it on
that ground, for limited on a much broader prineiplis, and
one established by all the etess—that the plaintiff had no
demand or debt provable at the time of the bankruptcy.
The true test of this was whether the party could affirm en
his oath, as required to do by the uniform prestige of the
emote, that " eke bankrupt was, st and before the date of
the mud's, and still is," indebted to him in • eartais sum
of mosey. There were many cases on that point ; and
Lord Eldon bed described this as one of the hest tests to
determine whether • demand was provable or not. Justice
Buller, la the ore of " Mimics v. Ironies " T. R.),
laid down the =lease :—" If the °Miter wants to prove
a debt under the etimmition, it le asceesary that he should
be able testate and amortain la fast the amount of it
without the knerventio• of • jury ; and if it be
so entail' that be au swear to the *mount, he
is entitled to prove It." That dictum had bun refined
to and upbraid by Judea Coltman and Mauls, in the
use of " Woolley v. Smith "(3 Ktestittetitnia Or. and 8 ,
The Ra 619.) mo principle wee "Be parte
Dodd la ire Williamson " (24 Law eitual, second part,
new Not 1366), and is "Hz pub Thimethwalte in
is l'og" (23 Lew Joeroal, saw series, 24.) In the
latta ems peed was allowed to he made be the anunut of so
award made beton the beakftiptey, thrugh the figment
was nee emend up MI afterwards, it being that the
award determined the mum due. Bore there was nothing
to show that the damages had both mansed to s oict•iniy,
or were capable of being se mimed, se the time of the
baWiruplff. es hawses the ponies othoonted ; for the &-
livery Mae euestle boas ass so mother was not anything
like en sepoomme se amortalinneut of the amount. Many
things wen nemaseny to in that amount which a jury only
Gadd dolonekte ; the eenditimi if the timber, its market
=elite Oak sad ease matt= were necessary to be
babes a oicroce assosteinimat could be made of the
Meath. That auertainmut never was made till beg 'bir-
=mths egreement was bowies the two attorneys
illibmit of the assignee, and in a proceeding to
which they was, ne perdu. Therefore, without °amidst-
fag the question whether the simple contract debt, If sear
an eis
said, was net steeped in the greater security of the
it (whir& the man was Inclined to think was the
=l.l on the Waist principle, that this was net a
mace Me capable of being aseertained at
the time of the sect felt Mead te vefess
the
21 woof. As the ads dominion would he so
mutat Ie :ro was probable that the 'Maim
tios set see of a* be Meths would takes ; sod dmof
diadem' awe la adjourned be a arena purled ao
glee the tithes so. The ether cases, whisk sw-
limelyWtholp dear to this, bad better swat the
=Nof the emit et appeal, if the question were taken
. not, he would give his opinion en them after-
wards. But the matter was of se snob importance,
leradving so many vises, and property to so greet an amount,
that he rather wished that this opinion of the mart of appeal
should be taken.

Kr. Begley reggeeted that the dividead 'Maki be ad-
jorinned for throe weeks, wkleb woald give time to
entertela whether there was to be so appeal His own
opiisa was that there would not he ea appeal; the question
woo was
well sealed.
Kr. Pampa, the ollisial mime, is answer to the *art,
Odd Met 11 Kw dodoes were established molest the
Wm% the &Twat would be a very small see ; if not, the
after walkers would get nearly the full mount of their
debts. _ _ _

The &Wand meeting was than adjautued for three
weeks.