The Express.
London, England, 1863-12-17 00:00:00

APPLICATION )OR ADJUDICATION AGAINST ♦ NON-TRADED

Mr. Roxburgh said be had to apply to the court, under
the 70th section of the act of 1861, for an adjudication of
bankruptcy spinet a gentleman who mu a noo.trader,resideut
at Parke. The petition had been served upon the debtor
there on the 10th November ; the time for his appearance
bed expired ; end an act of bankruptcy having been com-
mitted, adjudication was now asked for. The debtor had
resided at Croydon up to July last, whew be broke up his
establishment, sold his furniture, went abroad, sod had
since continued there. About the act of bankruptcy there
was no doubt, but the petitioning creditor's debt was dis-
puted. It consisted of an order of the Court of Chummy
for the payment of a large sum of money. This order was
made in August last, two years after the pe gof the act
of 1861, and it was consequently a debt witbi's the meaning
of that act. In the cue of the " Royal Bank of Australia
sod Robinson's Executors" (6 De Ostx, M. aid G., 572), it
bad been decided by seven of the judges that a debt for calls
only accrued from the time the order wan made.
. .

Mr. Chidley, who appeared for the debtor, contended that
the debt was to be taken to be contracted when the shame
were subscribed for. He referred to the Warwick and
Worcester case (30 Law Journal, Equity, 513), where it was
ruled that • call was not a specialty, but a simple contract
debt. The debtor is this case bad purchased shares in the
Waterloo Assurance Company—the last purchase being in
November, 1860 ; and the debt was in reality contracted ►t
that time. At the time when the Act of 1861 paused the
debtor was clearly net liable to be made bankrupt ; and be
bad doe* nothing rinse to make bitumen so liable. The con-
tract was really made when the deed was signed.
His Honour reserved his judgment.

ASSIZE INTELLIGENCE.

HOME ClRCUlT.—MAmerrows, Duo. 16.

The commission for the county of Kent was °pulsed here
late last night. The calendar of prisoners is • very heavy
one, and there will be more than thirty prisoners for trial
The offences, too, am of • serious character. There is roe
charge of wilful murder, and seven cases of anon, owe of
which was postponed from the summer auizes, and the pri
soner is charged with feloniously setting fire to a dwelling-
house, several persona being therein at the time. This is an
offence which until very moonily was • capital one, and.
under the altered state of the law, any person convicted
of it is liable to be sentenced to penal servitude for life.
' There are also two camel wounding with intent to murder,
in one of which • prisoner congoed in the county gaol at
Maidetooe is charged with attempting to murder • fellow
prisoner. Another peculiar case that will have to be dia-
-1 posed of is a charge against • elan named Thomas Richard-
son, who was examined is s. witness upon a nisi priva trial
at the spring wizen, and who was committed by Baron
Bramwell, the presiding judge, upon a charge of wilful and
corrupt perjury.

NORFOLK CIRCUIT. CII3IIIRIDOK, Die. 16.

(Wore Mr. Baron Martin.)

His lordship cam* to this town last night from Notting-
ham, and this morning, before trying prisoners' attended
divine orrice in King's College chapel, St. Mary's church,
where the judges usually go, being closed daring some
alteration.

At all other teams it is the modem and duty of the high
sheriff to provide the judges of maize with suitable lodr
legs, bat in Cambndge it has invariably been the practice
for their lordship, to occupy rooms in the lodge at Trinity
College. A oettaie part of the lodge is set apart for them,
and it is said that from the foundation of the college, the
sovereign and his representatives, in the perms of the
judges, have occupied these rooms when in Cambridge.
However this may be, until the present master. D. Whe-
wall, was appointed, her Majesty's judges have always
been welcomed with pleasure had grans at Trinity,
but very shortly after entering upon Mike he
manifested • spirit of opposition to this time-
honoured custom, and twice were learned judges ex-
posed to treatineid at his hands unusual end unprooe.
dented. The prospect of a visit from Mr. Baron Martin,
during the present winter maize in for n. again roused
the anger of the muter, and conceiving that, if the judges
were admitted thrice in the year to the lodge, a third visit
would be intolerable, a few days since the reverend doctor
emend • Bodce to be served by him solicitor upon the high
*bend. =leg him to provide ether lodgings for the
learned j , as the inconvenience to the muter and hie
family, resulting from tbe judge occupying the rooms in
' (math" would be great, and he must decline recsivieg
him. The high sheriff at me" rather than that the
judge should be exposed to any indignity or inconvenience,
provided roams is the town, but a communication ou the
subject was made to the Home Secretary. In the MOM-
time the matter having come to the knowledge of the fel.
lows of Trinity, they at ones remonstrated with Dr. Who-
well, and the soneequencs was Mr. Baron Mafia repaired
,to Trinity as moat. It is said the matter lea hese brought
! under the immediate notice of her Majesty, bet however
that mar be, surely it is high time, if there be • right on
either aide, it should be defined and her Majsety's judges no
longer be exposed to the caprice of art arbitrary person who
maacvy e
cr mtheir amnia/atrium them loisidgiegcLil7ard has
TIM raeduindtoday w not of saragent importance
to cal for •tepert.

WESTERN CIRCMT.—TAmrrow, Dic. 15.

(ashes itr. Baron Pig 4h)
Ths hid of Ifis saves saes charged with • laps upon
mpg girt mad Modesto Ifister, which vas sot hoishoil
se the tiros of shs &roach of oar last pored,
chided .as ooa-
♦t *l4 (Moth this swish's, after banns lamed too
Th. r, Aar a quarter of as hoses deliberstios,
" " • ' .

. im
wand sala; prisonsts'Osilty, bet varionamendod Pitman Tim tan— was gone into in this case, when the jtuy
and Coles (dm landlord of the Half-Moss, to tits stable of Aopitted the Prisoner.
which tho his hod hew *Aso epos his nommen- Mars was also another indictment, but this was not
aim, sod Yore oattosod) to mom. roomood Comb, pot kites