The Express.
London, England, 1852-10-01 00:00:00

EXPRESS, PRADAY EVENING,,,, OCTOBER 1,

' LAW.

Mantas Daily Ness of S. so.)
The complaints made by the London Committee
of Merchants on the state of bankruptcy law
in Scotland, deserve general public attention. In
Scotland the latest and ruling bankrupt statute
dates as far back as the year 1839. In England five
several statutes were passed between that year and
the passing of the Consolidation Act of 1849.
We have already enumerated important improve-
ments copied into English practice from tLe long
experience of our northern neighbours, and we
haying taken, and effectively wed, what the Scots
had to give us, they should now accept the improve-
ments we offer in return.
The great hit " among the late changes has
doubtless been the appointment of official assignees,
timidly commenced by Lord Biloyultsies act for
town bankruptcies, and afterwards expanded. The
system goes along with the creation of tho new
bankruptcy jurisdiction; but, in reality, the
creation of official assignees was far more
important than the constitution of a new
court. When there is judicial business to be
done, judges can generally somehow or other be got
up like jury-masts for the occasion, but the great
achievement in the appointment of official assignees
was the getting over the prejudice against any per-
son notin the direct employment of the creditors
touching the estate which they jealously guarded as
theirs. Among the feelings of creditors—who, being
injured men, are at times passionate and prejudice
—has ever been a nervous horror of interference
with what they can realise of their debtors' pro-
perty. It seems to them as if every interposition by
the stranger were but another attempt to cut away
a slice of their just does, and they naturally hug the
estate aa their only hope of saving a portion of their
losses.

After twenty yeas' experience, however, the
official assignee—layibg his hand at ones calmly and
decidedly on the property to be seized and distri-
buted—has been found to " answer*, and his use-
fulness acquires significance by comparison with the
Scottish system, in which he has no representative.
IThe whole management and distribution of the estate
is there left in the hands of an assignee, or trustee,
elected by the creditors, and subject to all the inte-
rests and influences of the parties who in a contest
may his election—to say. nothing of the evils of igno-
MOS and inexperience incident to one who has been
chosen, not for hie skill in realising and distributing
bankrupt estates, but for some special connexion
which he has with the particular estate to be distri-1
buted—a connexion which would sometimes, in the
view of impartial persons, render him disqualified to
be its manager. The very zeal with which this
offce of trustee is sought—the exertions and saclike.
made to carry one candidate and defeat another—are
conclusive evidence that the offs° is sought for other
purposes than the honest discharge of its functions.
It is believed that matters are not now in so bad a con-
dition as they were found to be when the act of 1839
was passed. At that time there were no bounds to the
expense which the creditors proving, or ranking, on
the orbits might be subjected to for conducting
easnenmehil efforts to realise it. Many • man,
having hated s dealer apparently solvent, has been
annoyed by seeing him in tho Gazette, and, after,
going down through gradations of expectant divi-
dends from 108. a pound to 10d., has at last sighed,
and given up the claim and forgotten it, until some
after day ho has been awakened to the horrible
reality of having. to pay an account to a solicitor who
has been striving to recover the original debt.
This form of abuse was stopped. by a provi-
sion in the act of 1839, depriving the soli-
citor of all remedy beyond the estate realised.,
Thus the jobbers and quarrellers may spend the
whole bankrupt estate, but they arc to go no further.
We cannot help thinking, however, that this restric-
tion has rather afforded the means of measuring the
abuses than of abolishing them. Questions as to the
election of a trustee are no longer to be fought after
the estate is exhausted at the expense of the claiming I
creditors, but the persons who take an interest in
seek questions show their zeal by fighting them no
leas bitterly than of old at their awn expense. There
mast be something to be gained ere such seal can be I
incited. We have been at the trouble of looking over
the collection of lesdingcases in the Scottish Ilaprame
Courts, which we understand to be chiefly listased
to by the courts of law and relied on by the polls-
sloe. to see how many, during the five year
in 1851, related to the election of the trustee is Dan
ruptcies or sequestrations. In the year sating in
Midsummer, 1847, the number was 12; neat year it
was sweetly the same ; in 1849 it was 11 1 la 1850
it was 18 ; and in 1851 again 11. These Mel small
numbers, but they are very alarming. Every ass
who has had the fortune to be involved in tedious
litigation mad know bow sad an ammo' of
humble, hard, marl, unnoticed struggling
Dented ,by mei " leading case." A set el li
anaminthisazially to an average at 12 or IS,
4=mi
Were the inner hors of the Court
—sometimse taken to the Huss of Lae&
—bras& in ash imam* by rival endidense ills
as rem of tenet and emparribility, whisk IlllepteNt
and willing meths ea& to be weitmeedi
ai=at aitsmeeemint Mame and =Whist
battles me fought sheet the airiest pistil is
the hem se feaster al the qualification ifs Wier-
b so nice that h world bo erinlierMi
to bring them ay in a parliamentary
elsetios eontad. For instaimm >L net says that the
creditor is to msbe as mats* to the assent and
nature of his debt, and premien embers. BM this
is not all that dm set says—it lays down some yew
liar and otegileated instrudieme fac
osellisations and assmities over Mitsr estillatfrial
crake, with several tramacticee, not voting his
v itsmiga all this emiipionity, separates ido debts,
sac inks several a rib instead of Mil. and
votes kr a ammihiste for the tnsimehip.
Than is • het esieset for the Mies and
than Gore seises a litigation to decide whither the
manse who se divided his claims was endlisd to
vote. Sash swedes§ hero 'evolved ea mach met ae
those beim ehatiesammitem. We mint the in-
steam no have lomeibed, beams emu yam ago it
came Whelan' the Owlet dmdesin two dilinont
mg Ale two hag litigatime ea di-
vitaiteart &aided he the araminem &One whet it, MA the matter, altar's
tb
;Ctid met, woad have been kit exquisitely Athens
had it sot been that by geed hetane use of the
war refined M the wheboreet. In the *Medea of
trustee, a quaffs mil\ to whether the items of a
creditor's claim them,
gars is the
way, may Ant go themigit a litigant tub the
Court. Uwe it lig pello in sem illl
reedy,
_bat, beSeni, Omsk AM ialetaidiato
mat el iho "Lig Oeilimer as BilLe to the
isniabonoe 111 01. ONO et Imin. When 'time
breath= a thirst dies Ahenmnl, haw be anded
by spinal to do Maim of Link And so it ohm
=eno—the estate eliathiag to Awn la the ram-
It is clear that them end Is peculiar and
:ble sources Woi f_lre and power at-
in sins which • make such eihrts
art meelilem cheek op* clear that in
ftiPlidwar. et le see Scottish beeline nquire
a eft. is their bankrupt law.

Ft= ALONGSIDE TEE DSVONPORT DOCICSAZD.—
Oa Tuesday at about three o'a/orb la the terrains, the
Omml light., alongside the Davenport Deep* was dis-
esteem' be be en M. The alarm woe nisei by ems Asher-
am who were the yard. TUG teem of tin dock-
yard were ' meld, and sap takes be min-
gaiellog the lire. hid. at lirst premed le ma mast
mom la the Wed and mine bar. le gni $ holed
bad the ire stbated. and saw was rammed beat be
anode, it *at qn. but. eenstant
gareartle
amply of water bine nesilest, .plant 1y
seep unuessmsoy. was Moly ft be • sewn meident
by the Torlehe omieg Maim with om d dr wends
in /drmsent, and rapasskie bee. boat is whisk moo a
swims deem to nuke out the in; tbe Ir=r-
seer. Illehowerly erysi without 1111/ pestionlar
We eadesumed the sees wbe ought to lame bees in Mb dje
of the sued mew .oleo at the, lime the dm
bridle sub • Mist saw Role yesterday late
tbe EON% by Ommedeoe whea lt armored the
mate WI at 11 longss tw• slt~s ia
am e/ Mesa lett es be states
anlig2rta' ibe ether art slam beam. hr it as a
manor el seigeolnee, as ems pleases pop*
leg. Gras WM It was tikes by an pm,
gra be versed set ea Ore ; others thud' thoi aeio On night
have assegai bent Ike pets and isiglit seasseblegwiieb
adgin emainaiseie with the Are Imik le lbe Ire was m-
ated to that Flaw, only Irankire NON spin sags, and a few
setter things thereto depleted over.•• monk is being
orb for the .Was num but be his set Inas been band

PLYMOrTIi PUBLIC Fats ikagOOL his beat
reported
Webb by
Int Mr.
la H. Madera, the I et abash ke
tat reira hr a model
raid At do Wag et MalitaaL

IRELAND.

Dont*, SM. 30.
SHIPWRECKS ON THE IRISH COAST.

I extract from the Freeman of this morning the
subjoinod details of the disastrous ;thus of Tuesday
night's gale; but it is greatly to be feared that we
aro yet acquainted with only s small portion of the
destruction of life and property caused by it on the
Irish coot. Since last evening the wind has blown
from the west,but the weather still bears a boisterous
aspect. The following are the amplest particulars
that have been obtained:

I• the Nom Of Tuesday evening the Olugow Company's
tirifree steeme Herald, Captain Stokes, started from
fth.well, Dadg., on her vamp to Olasgow, having
Oa heard slug. nuelle of passenger', together with a greet
sanity of meslandise and a considerable number of cattle.
The wind was iliseffest stilly up the river at the time of her
&manure, bekuotsritlt standing, the gallant vessel proceeded
Wily le OIL Ile bad gem her mune out Debilabay, sad
hal epee& Ilanthey bkai, when it beams asseuery to
bekelhe steemer's Mal to the wind is mike to Om her
swam lea Olarwew. Oa this being Mee the meld ammo-
51s11 the fell bees ef the heavy seethes reanim the waves
brim over her lasanantly dement the desk; kin shin-
paw two or three heavy meg, which all but fireweed the
cattle on board, and plead the lives of the and
crew in imminent danger, Captain Stokes was tly
compelled to give eaten to put about awl ISM fan the
nearest shelter (iLlegetown harbour), whisk,
it is as a harbour at refuge, anifaisily earmusesslemokl
no means meet ageism the banal tempest at Wmmelthti
eight. Os entries at Kingssewn the when was let go,
but the stems% bees her rest length end the awe ef the
gale, matinsol to ism them till it was hurl aseemary,
after a sheet Way lathe harbour, to slip the akin. put steam
en, and return to Dubin. It sepses that the steamer drifted
while la the harbour, and that mass vessels lylag there eiune
Wombat with berolialog bar seasiderable isjury en the 11v.
board %eerier. The he... ea leek. used as a eta,* cabin,
WAS as mach Wang that it had to be fitted up temporarily
with pieeths yetterday. She mak& away her foretoprnvat
2..=sia oaten with the rigging of the ship which
. et Kingstown. The passemers were in a state
of peat Awn, and Capt. Sssk muse be commended for
lissietedease be exhibited in oat oasidasing :oa his course
nadir olesemstaasee that resawed the a the vessel
ander kb sumemond and all ea beard a Such
was the stmewth sal fury of the stork that at Kingstown
a parties of the wall es the western pier was blown down.
A street weeds, house misted ea the ease pier immedi-
ately bake the lighthouse wee destroyed. ftes yachts
and other ma matt lying about the balker were irises
against the piers and broken. We have met beard, her
ever, that any lives were lost, or persons inured.
SMIPITIONCL AT Tilt POOLIIIIO LIGIITZOOSZ.—Tss
Clive Loar.—Between eleven and twelve o'clock on the
same night the brig Smyrna, from Workington, with a
came of- code, ran on the reeks te the math of the Poollaw
LiAtbsum. As far as ego be associates& up to the Pram,*
=s he alike mew Wag lest, it amen that the brig was
= ~. the Dublin harbour, and that the
El:
wake ha would have been able to weather the
lightheme. ushrtanately be did not semen in se-
cam plieing Ms object, for the vessel, it would seem, was
drives by the Am et the storm out of the proper channel to
the seethe the light. It is conjectured that an attempt at
kekkg was then made, but in doing this the vessel missed
Kays, sad was thrown in upon the Mks lying around the
ligbtbeeaat Notwithstanding that the ship must have for
some time hake shoat, and that she was wrecked almost
egairist di lighthouse itself, it does not appear that any of
vie mat es iuty there were aware of the awful some In-
volving the Ism of the lives of several fellow-creatures: that
was being snood hateediately mks their windows, and
within a few hest of them. In eamsegassee of information
received &deg the eight is... the snow of a trawler, which
passe& the Mani mod w shed making towards
the *emboss% the mast so at Rimeend pro-
emial at diqVM drag the Pneas douse wall elk the
walk waL slam
_the latter they dessaisi, at
a sheet kilns% ea gig
pied the Whim Beak, • beat,
bass They Immediately instituted a ekes seems to
the and I. a few minutes they head
the bakes ef mends ef the Smyrna, the
NAO, sad two tithe crew, whisk wows left ea the bank by
the ressiing die. The man of the lassier is reter
Ymmothuolomil, that of the mate. Oakum, sad the two
seamea, Lems and Byrne. It is summed that when the
vend Wash the crew took to the beat, la the hope of
resalsksi the White Bank ; but la this bepe the paw knows
were denied whit* living, as the boat sepsisoi. The
welshes boa& es the persons of the master sad same were
faun to have stepped at twelve *'Slew, than ledisating
that the wink risk pleas servo dose &best baltpast eleven.
The brig new Si. a Wel walk, es Is. sleird aide,
which, with the desk, Is gempbasly use la. A large
quantins tytar be., li eke seals, whisk mastituted her cargo, and pso-
tio ale mattered about amongst the
rooks. TbeWM was visited during yesterday by Mr.
Atha Welsh, Lloyd's agent, by whom it was plead, with
the Bile that had been saved, under the dune of mete of
the meat peak
Kr. Dads. the meaty sumer, hell es Inquest es the
balks maledey make at the White Bank. The coast
nerds, by wham the belies were diesethowd ia the morn-
ing, gave miles, in esseriemo with the above seseent.
No definitive.these mill be enema le whether there
were more Ora her maim es bowl, but it was mated
by manna mike proem that the vessel seal& have
hem vested * the sea whom Mike vine Ind. The
M hang Ili the isseeni sea hai heft ereekei, mil
was, leeward m the eight of the filth kelnal. Several
mmeassaf made were is steenienes, mei __muted the
Mika They stated that, bed than beat psepr us
at the lightheseo, sat had doom boon a leek tratMaprtatby
thumb eheigm_ this pineal swam of Ilk sight have been
prevented. -The bakes were bight up to town in the
same of the evening.
A Vasil tan cm BALIIIIIOOAIL—The fury et
the pie was severely felt aka. the nest tweak the am*
Akan mlibight it blew a porton buskin be KIM,.
sad Meng the mere emend_ pine st this daseereas mak
the sea Ma la waves et bared liken, sat the serf book
with seek violates on the reek sal dna& Moog there that
it emoted 'disk list my welbetanste Sank dem la with
the kali sad an 14tomeral a Weed
h• Alan et %MC iselnalktillilinvE
emn
mai. ems the mak gnarl @min la the
sky somainel ea Alto siert dm lew the night. Meat ea
hoar saw Win& a mad, kig *awed, mu menst aboutialmikiielent bum the lbalcaake dem
resilberLsi Isp=ll3=salajothil; midentitors tr.
r=tellXtae monsePulailhopolmosti"Zoll, sal infesitneas%
Ina peeved lw mkt: Spey emssept at taddllen:i
by As Mei wad kweght bee anger sad teem to
thealthem Itstnag mile hm lea with the smf
and tmelikg en the min with that hearse Amin se
kerible le the esionsali ean—ia keg, the brig is si
lady -withered is a meet dampens isatjalatha. of No
onest delis& Kwlllea BaL....T° 44°13. ri a 6°7
dame the Isle fight had of ili wee
eking& that le wyles is p abet dm
Thar mtheyeek Ores deplete, lan 4 but saiNall
ratAtaimmillial IsiallJ
traisilihvesesi nes
1..._...„.1.111.114
abk. km drifted in—kivea by the wasp
on seaside** = man s.d areaatter @auk at a. 5...
reeks withis the Itt; sew away both mute by the
Merit milk ses • ekes breath ewe her. The
awl sal etas wn,sM tithe mellikeni Mew, tabs
thus@ Monis threrme meth ; lost their
best reward* that mit le Orw sae-
coded in laving their own Mess. Wet their
dread/al plait , new !M. pass Se
pensive that Vieth's* the ' n a spot
whoosh' them was au *that up at ease,
and eta Oath by link ily, it wee Me,
Tim, tkisswoongs of inscself @Tr
the arestilig et Use ups that broke met k
tokik ViarAwsid 6•ll7lidili n 0
await orow, teak sossetwes to mid swept
oveneerd ; sad as the Mk ebbed, thew Mosel
was Leh comperalively
_icy, %jaded mom were
enabled to neck 'smiths la . . , The tank
to hs the hasp Reosillia .
was
cfrttuneafte Troon, labs with cook • It was
that the vessel steak when she io, as
agar& the safety et the new. Had the eme ets shore a
little more to the asathorapie wake said have saved the
lives of the sears, so
.v.....arillw.k.crVi Is about
di*
czturiNgalhe
4 eight 41and mmeirairironTek7satpilithea tide
flowing maps, ask eakekte pieces, - a vertigo
being WV et kr ' pit banawsok, he IMO
of cook has • washed up la quantities at the rocks,
sad we lama it has hemp by Kr. atatlet, of U-
MW& The iteVliosiilln .=1:1%.
Barrett, KZ.,
and
Mk
masks of the sum sad la saving auk nesseats the
wreck as were esit ip mad strewed the heath be e tenslier-
able Obtains, The wenn of the vessel Sae of the am.
ms* have mesh* same severe hem beesclang wrier the me eine. lit4ryst . * . ssi
tits=l the wrote,* mesa have gest w
at the hook of the mike& eattry.
The teliewleg is s report at Nome of the dump
dm te ehiniegat Ilsoiema .
drift, Mesa Ames' le Mama. with a cargo of mak,
her balm* samba maw Willkat asitegVeret.
illod
fame Whitthema to Kier 111 loallo.hlw
bum, sai_pt et barreisserd Mayo-
by, hem Newport to ewry,withill=diai, star-
board rail, naanottings au{ laths* met,
Moms, fremliverpsel to Dregilakeekee hemp*, illo
ham, New .4 part of hoe sionbesed rakes meek&
imp
eseellog at dm !hipheeptim raders, emd ar-
tistes or rifititoy ems he al the 97tht ult., to /M.
Swaim to _ *lisp at leinar at the resept
midst at themeisr et **Slat Regiatesti mei
*sir melodies brie" boss communicated to the
eseemeeldet slim et the reeinnut, the folara
reply Ike bele mead dm Lieutenant-
,
Staunton :
Foramoy Barracks, 25th get.
Oenitemate--I have naives' with very gnat enbilmtlea
the oilmen pm have kaolin forwarded to ne, end width
bean the elikelnies st such a Camaro.. and respestalk
belly of the Mika begrimes of Fawley, ea the esmalea
et es lete Intel ea& barbarous sank made pour sal-
ami et the mina I ham the iislieweithei Is
somesemi i mai beaks ememakmisi So minim it
manias te the talon, astomseaskiensil elfin w aril sol-
diers 10 the Met Begkerato I Ma eil that

the/. in Onwinenlion with =pelf, are filly improved
vita the WM that so laUbitant of the peaceful
and well-dlspensi town could hays been concerned
or impliosted is this savage and inhuman attack en our
comrsdee, and we feel well assured that you and all honest
men and good chimes, in soma= with ourselves, must
regard with &eller of intense disgust and dMmtation a
deed, I may lay, almost unparalleled In a eivilind country,
sad awe, moreover, so wanton and unprovoked as must
impress with the deepest horror the minds of all but those
the most bees aad depraved. Begging you, gentlemen, to
accept my beet thanks and those of my regiment for your
kind and friendly expressions and intentions, which are, I
trust, fully reciprocated by me and mane, I have the honour
to be, gentlemen, Ike., 0110$06 STAUX7OX,
Lieut.. Col. Commanding 31st WO.
Mr. Bright, M.P., has arrived in Galway, and is
staying at the Railway Hotel in that town.
The Limerick Chronicle states that John C. Del-
mege, FAq., has commenced legal proceedings against
D. J. Wilton, Esq., arising out of the Six-mile-bridge
affair, on which occasion it is alleged that Mr. Wil-
son designated Mr. Delmege a murderer.
On Saturday evening last, a stockyard was set on
fire within two miles of Newtonarda, belonging to a
person named William *Donald, who hod purchased
the grain which bas been destroyed from a person
who has gone to America, therefore no dispute about
the farm could have caused the outrage, which the
Belles: News Letter a•tributes to political motives.
A meeting is about being held in Castlebar to pro-
mote the introduction of a railway into Mayo.
In the railway from Limerick to Foynes 1,300
Idiom are taken by Mr. Ilargan, and it is stated that
the Great Western and Waterford directors will also
subscribe for 1,50 U shares.