The Express.
London, England, 1863-05-16 00:00:00

LAW INTELLIGENCE.

HOUSE OF WEDS.-MAY 15.
APPEALS.

O. JACKSON.

This case was folly reported in journal on Thursday
last. The point involved is, whether a third trial should be
allowed, of an Deus directed by the Court of Chancery, to
try the validity of three codicils to the will of
Naftali, of Matlock, Derbyshire, which were severally
found after his death under singular circumstances, and
which materially altered the dispositions of his will, the
validity of which is not deputed. At the first trial, by the
verdicts, the validity el the codicil. was established. A
mooed trial having been ordered by the Muter of the Rolls,
the jury found that they were not valid. On application
for a third trial his Honour refund to grant it, and the
relent appeal was brought.
Their lordships now held that there wu sufficient doubt
and conflict of evidence to justify a third trial, which was
ordered, and the appeal allowed.

COURT OF PROBATE AND DIVORCE.
MAT 15.
(Before the Judp Ordinary.)

xn:cazu. C. DASD AND Kl.Nciviaa..

After our report left yesterday,
The learoed counsel addressed the court on behalf of their
respective clients, and
Sir C. Croswell reserved his judgment.
COURT OF BANKRUPTCY.—.M&y 15.
Melon Mr. Commissioner Fans.)
IN Si ICCAD.—SIONT OF FILE OFFICIAL ASOIONZE TO OPPOBI.

The bankrupt was a labourer, of Written, Fiat.
Mr. R. Griffiths, represesting Or. Aldridp,the solicitor to
the official ass' st•ted that a suit had been instituted
spinet the bankrupt in the Divorce Court, alleging against
him adultery and cruelty.
Mr. tiargood, for the bankrupt, protested against Mr.
Griffiths being heard because the name of the official
assignee was improperly put forward for creditors in the
background who wished to oppose.
The Commissioner—On what ground does the official
assignee oppose?
Mr. Sergood said that the opposition was in reality not
from Mr. Canaan, the official assignee, but from the friends
of the bankrupt's wife ; audit Mr. Aldridge allowed parties
to pit forward their cases through him it was an abuse el his
elks.
Goodday (in answer to the cotirtl said that Mr. Ald-
ridge was appointed, by order of the Lord Chancellor, to
prosecute all bankruptcies where no official assignees were
appointed ; and this was one of thosecases.
Mr. Bargood wished to know on behalf of what :creditor
therhurned gentleman appeared.
Mr. Goodday—There is no creditor; no creditor has proved
except the wife.
Mr. Griffiths —Mr. Aldridge acts in an official capacity;
and itia his duty, finding that there are debt,. of 7eot., to
*airs what means of pa, meat the bankrupt ham, and whe-
ther he has made away with his property.
Mr. Sergood said be would have the question decided
cacti to all— whether the order of the Lordtlanoellor
need Yr. Aldridge to take up the oases of creditors. A
temasodons monopoly bad been given to one solicitor ; he
had done his duty meet admirably and impartially ; but if
he were allowed to take up the owes of creditors who bad
pri
vate wit would be a groin oppression on the
bankrupt. In this case he bad seen Mr. Bromley (Mr.
Aldrid,p's partner) reeeivieg papers from the country soli-
citor who bad conducted the divorce case.
The Commissioner—This Ja all • mystery tome.

Mr. Bargood—So it may be, and to the public too ; but it
will be so no longer. The bankrupt passed hia examination
• month ago ; be now applies for his order of discharge ; no
one can oppose but a creditor who has proved his debt • and
yet my friend, instructed by Mr. Aldridge, comes forward:
to oppose for nobody.
The Commissioner—That is the very object of the sp.
pointment. The order of the Lord Chancellor was made
to enable some one to investigate cases where the creditors
refused to do so. - -

..qc:rinOciasked for the production of the original
ceder.
--• • -

—]fr. Whitehead, the chief registrar, produced the first
order ; but it was tumid only to refer to prima cases and
petitions in forma pauperia, where no Made maims was
appointed.
Mr. Griffiths asked for an adSotuumeet with prokaion to
the bankrupt ; is the meantime the court might consult

Mr. Sargood protested against further delay. If there
was to be an adjournment at Mr. Aldridge's instance, let it
be at his expense.
His Honour said he did not know how to deal with the
difficulty, and must take time to consider it. For that pur-
pose the sitting must be adjourned.
Mr. Sargood said that sooner than pat his client, a poor
labourer in the country, to the expense of another sitting,
he would withdraw his objection to Mr. Aldridge's opposi-
tion.

gr. Griffiths said be should still ask for an adjournment.
A suit for divorce had been commenced against the bank-
rupt by hi wife, in October, 1861, on the ground of adultery
and cruelty. She applied for permanent alimony, and he
was required to give security for 1,0601. Upoir that being
done, be executed a deed of trust. whereby be denuded him-
self of all be maimed, and sow came here to rid himself of
his liabilities. With a view to test the validity of the deed,
which contained a power of revocation by the bankrupt, an
adjournment was asked for. The deed was professedly for
the benefit of the bankrupt's children, and was made on the
14th of January, 1862.
Mr. fkirgeod said the object of the assignment was to
provide for the bankrupt's tour children io case of anything
adverse happening to bun afterwards.
Mr. Griffiths-In the event of bankruptcy, no doubt.

/Yr. Sargood said the settlement was made a twelve-
mouth before the adjudication. The opposition wee unfair,
surreptitious, and dishonest, and 11111 repudiated by Mr:
Osman himself, the official assignee.
His Honour said he should take time to consider his
decision.

Mr. Whitehead here produced the second order of the
Lord Chancellor, made ou the 22nd Feb., 1862, directing Mr.
Aldridge to act in the prosecution of all bankruptcies
where no creditors assignee was appointed at the ILA
sitting.
Mr. Sargood hoeing reed the order, contended that it did
not authorise the opposition now offered, and asked his
Humour at once to grant the order of discharge.
His Honour said he must take time to consider the appli-
cation.

[,Mr. Sargood—Bot!there is nothing to consider. There
are no papers before the court to read. They only Bentley
are going to commence a Chancery suit.
The Comminaiour—l shall certainly not grant the order
todoy.
Mr. llargood—Mr. Carman is no party to the application
for adjournment.
The diacuuton wax kept up for some time longer, u to
whether the facto of the case should Le gone into, but his
Honour ultimately mud that when he gave judgment ha
should decide the question of order of discharge as well as
adjournment.

CENTRAL CRIMINAL COURT.
OLD OOURT.
Ware Mr. Justke Wllhum)

George SagilZ 29, French polisher, and William Francis
Sennett, 27, tailor, were indicted for a burglary in the dwell-
ing-house of Robert Edwards. There was also • separate
Indictment agaimt the prisoner Begin for feloniously wound-
ing Polioncoostable Thonim Baker with intent to resist his
lawful apprehension.
The facts of the case appeared in the Express of last
evening.
Begin was sentemed to penal servitude for 90 years, sad
Bennett to penal servitude for 10 yews.
His Lordship then directed the constable Baker to Mud
forward, and he mid that he appeared to have performed
hie duty in a most praiseworthy manner is mimeses to this
traosmotwo. and the court regretted that be had sustained
co mooh personal injury 000sequame of his emetics, to
apprehend the prisoner Begin. He had no power to give
limn any oonmeneatioe for that injury ; but testimony of
the zealous =seer in which be had acted in the discharge
of his duty, he should order him to realm a reward of 101.
There was some applause is the court when his lordship
mad* this macauseemeat, but it was speedily repressed by
the officers.

NSW COURT.
(Before Mr. Boos Chanoell. )
The toes of the keakrapt 111144,1512 wee resumed this
raeosiag, sad bad set serahmitai whir the court rose.