The Express.
London, England, 1863-04-20 00:00:00

COURT OF EXCHEQUER.

Bittiap u Banoe.—(Before Lord Mei-Berea Prank aad
Barons Mulls, Bramwell, sad Wilda)
BIZAVAN V. WALDIORAVZ.

The was an aciieTel; WreachOfie;vTosat in an epee-
moot, whereby the late Earl of Waldegravo had errosanted
pre the plaintiff the next presented= to • Hying, midis
the event of his being deprived of hie right to presentation,
to pay him a gem of 1,5001 The pisistiff had boom toff.
citor to the late earl, and the defendant was lady Waldo-
pare, the earl's widow and executrix, and now the wife of
Mr. Chichester Forteseue, M.P. At the trial, which took
puns before the Chief Baron at the last sittings at Guild-
the jury returned a verdict for the defendant.
. Hankka, Q. 0.. on the part of the plaintiff, now
moved for • rube to show mom why there should not be •
new trial ea the ground of misdirection, sod the verdict
being agabist the midges" and on other grounds.
The wart panted • Ms aid

COURT OF BANKRUPTCY.
(Won Mr. Commiadoserlbws.)
ID II WOODLDT.-AN OLD DOIOLVIDOM

This scu;s Tax.l;l'lBli came before of
twenty man ago, and is still pending. On a former day
application was made for an order on a former assignee to
deliver op the papers.
His Honour said this was a owe in which application had
been made to him, coder the 1 and 2 Vic. cap. 110, for an
order on Mr. W. Smythe, formerly assignee of the insolvent's
estate, to deliver up all the books and papers. The matter
was one for the discretion of the court, and the order ought
not to be lightly made m it might be followed by eommittaL
The appointment of Mr. Smythe as assignee took place so
long ago as 1841, and it was melancholy to look tack in
this cue as in others, and see the amount of money
that had been wasted in legal squabbles, the matter often
terminating in a scramble between the attorneys for casts
and liens. Mr. Smythe, who was a solicitor, had at ISM
acted as solicitor for himself and the 00-assignee ; =bee-
gummy Mr. Grestores, of Chancery-lam, had bees appointed
solicitor, sad all the papers paired into his hands, with the
understanding that his costeshould be &pea dent os the 'veldt
of the promedings. Actions sod ameactime had been
brought—the result being mete of 4641. fintesquesdly Mr.
Smythe being ordered by the court to pay over awhile mo-
nies belonging to the estate of the bankrupt had refused to
do so, and had beers removed from his aloe of &mimosa. He
bad since paid the money, and application was now made
for the papers, which were at one time in his hands •
but looking at the time which bad e
before the application was made the court did notlarai
that this was a case in which it ought to exactae its
disaretioriary power.
Mr. Begley and Mr. Sargood appeared in the case.
IN IX J. B. IAWB.—OILDT.2B TO THOSECCTI.

Mr. S;goocl,eabekTalfof the assignees in this case, which
was before the court on Thursday, rid that they should be
glad to take the same order as was made by Mr. Oommis-
simmer Holroyd in the matter of Hyaros—namely, that the
bankrupt should be taken before a magistrate to he there
dealt with according to law.
His Honour doubted whether he could do this with-
out evidence, and that evidence ought not to be taken
behind the beck of the bankrupt. The only effect
of this would be to multiply antecedent steps,
and considerably inereaae the expense. He thought
that there had been a disposition on the part of those op-
posing bankrupt. to increase prosecutions, and not always
very suoneedally ; and the increased oast had attraoted con-
siderable attention in high quarters. He thought the beet
nouns would be to take the bankrupt before the magistrates
at once. Ile doubted whether there was any power in the
act merely to direct that a man should he taken before the
magistrates. Were a preliminary inquiry instituted in that
court it would anticipate the promos of the greed jury.
Mr. Sargood said that if the order, were roolined. is the
Bret instance, to proceedings before a magistrate, it might
prevent greater expense being unneosenarily incurred.
His Honour repeated that the sasigsess seeded DO autho-
rity of the mart for taking the bankrupt before aniegistrate,
exempt as to his own costs.
Mr. Sargood—That is the whole queetlon here.
His Honour said he was not disposed to pursue the same
course as had been taken by Mr. Commissioner Hoiroyd, but
ha most sea the evidence before making say order.

IN RE J. I. TOUNII: -
In this ome as offer had beta made to the coeditors, and
• raiolutica bad been pulsed wider the 185th mottos for
taking the ease oat of court. The confirmation of the court
was Dow asked. _ _ .

His Kroner said he should cantina the deed for the per.
seat, but should require 'widows at the seat slabs( that
the proposal wee a nameable one. sad ace that would be
for the general benefit of the creditors.

DIRORACZPOT. ELOTTNICM The Bedforehitin
Mercury has ais account of e dirpreoeful elopetneat by a
manufacturer at Luton with the daughter of s termer his
Mem. It ammo that they aided in the Persia for New
York. The men, who hag a wife sad three children, is shoat
96 pan of are sad the gel la ►or 19th year.