The Express.
London, England, 1853-03-22 00:00:00

Lai lintelligence.

EQUITY COURTS.-Y6STEKDAY.
Bayou Tea Loam homes or Arroot..

Tit Giutu TRUNK PITIIIIMOCOII RAILWAY COW-

raxr tr. Baum'.

• snit whi•!ti, before the order for winding-up the affairs
Of the oompsny was obtained, had been instituted by emir
Grebe simmbolders, es behalf of theraselue and all the
alien, except some of the dirteters who were the defen-
dants, was directed by the Master, to whom the winding-
s p was referred. to be continued and prosecuted by the
•Sbal seas r. At the hearing before Sir George
Timm. thee N'imr•Cltaseeller, this suit was dismissed by
lia Honour. who made an order to the effect that the bill
be dismissed, with wets to be paid by Mr. 'farquend, the
eilleial manager," his intention being that the 00111111
should be paid personally by the official 'manager,
on the ground that the suit was a hopeless one. sod that it
ought sotto have been undertaken or carried on. A sub-
papa and attachment were afterwards issued against Mr.
Turcittand for nut payieg the an • or the suit personally.
but these were discharged upon an application to Sir W.
Wood, on the ground that by tke terms of the order of
dismissal properly interpreted, Mr. Turquand was not
charged with payment of the coats of the suit personally,
bet only u official manager out of the asaete of the coma-
pony. The defendants to the suit which had been dis-
missed now appealed from that order.
Mr. J. Lady, Mr. Selwyn, and Mr. Kenyon appeared to
support the 'opera' ; and 11r. Daniell and Mr. Little contra,
for the official manager.
Their lordships were of opinion that the or 10T of dismissal
made at the hearing of the suit charged the official manager
personally pith payment of the costs of the suit dismissed,
but without prejudice to his obtaining, if he could, an
order from the Master allowing him such cuts out of the
mutts of the company ; and they made an order discharg-
ing the order of S., W. P. Wood, with coats of the motion
before him to be paid by the official manager.

&Pm& via Lou

This 11111 an appeal from an order of Sir G. Turner when
Vice-Chancellor. The question involved ri lated to the
construction of the will of Mr. Joseph Muriel& a wealthy
cutter. manulacturer, who died in 18.38; and the point was
whether pessonal estate, a portion of which tousisted of
Oxman/Mill., a balance in the hands of the testator's
bankers, passed to the testator's two daughters under a be-
quest of perssnalty by a local description. The Vice-Chan-
eellur directed a reference to the Master, to inquire into the
nature of the testator's estate generally. ar.d the present
appeal wee founded on the ground that there could be no
doubt that the daughters were enthled under the will, and
that such inquiry, a most expensive one, was unnecessary.
The case Wen part heard on Saturday. To-den y the area-
ments on the part of the appellants were concluded, and the
respondents' counsel had only proceeded a short way, when
they were stopped by the
Lord Chancellor, who said he was clearly of opinion that
this was a proper case for such a reference as hail been
made by the Vice-Chancellor.
The appeal was then dismissed with cost,.
The rest of the day win occupied with the opening of a
ease of Tema r. Bull, which is of a Konewbat complicated
nature, and eepected to occupy some time. The opening
had not proceeded far enough to enable a report to be given.

COURT OF BANKRUPTCY.—YESTEZDAT.
Swam Ms. Ossiressama Recasts
Ix as RDWAILD 011110 W —Jtroomixv.

His Honour said : Thu was • petition of Edward Cliboon,
late of St. Athens, in the county of Hertford, banker, •
bankrupt. The prayer of the petition is, to grant to the
Unkempt protection from arrest or imprisonment, and to
reverse or recall any certificate (if any) which may have
been gloated under the 257th section of the Baokropt Law
Consolidation Act, and to set aside or stay any execution
which may have been issued thereon. The petitioner was
adjudged bankrupt on the 18th of March, 1849; and, in
April 1850. being after the Bankrupt Law Consolidation
Act came into operation, the allowance of the bankrupt's
certificate of conformity wee refused by the court; and
singe that time the bankrupt has resided. and still is resid-
ing, at Boulogne. He is now desirous of returning to
Ragland. There arc two preliminary questions in-
volved in the consideration of this petition—first,
as to the true cherac'er of the petition. Is it •
petition, as was contended by Mr. Bagley and Mr.
Linklater, complaining of a judgment previously pronounced
by this court, and therefore to be regarded in the nature of
an appeal, or is it an original subetentive proceeding ea
the part of the bankrupt, as argued by Mr. Prentice ? I
oof opinion that the petition mast be coosidered ran
serigisal app:imition, to endorse the summons of the back-
rapt with protection for such time as the court may think
fit. The woad and main question ie, whether the court ia
authorised to groat protection whets the certificate of •
bankrupt has been altogether refused ? I have carefully
wandered the provisions of the Bankrupt Lew Coasolida-
Sion Act, and particularly the sections referred to by Mr.
Prentice as bearing upon the question, vin , sections 112,
162. 198, 207, 257, and 2io. It appears to me that if the
court has power to give protection after the refusal
of the certificate, such power must be derived
under the 112-h section. Preeimiey to the passing
of that set there was no statutable power to protect • bank-
rupt from arrest during the time intervening from the pass-
bag his last examination and de allowance of his certificate,
but by the 112th section of the Bankrupt Law Consolids-
ties Act, after protecting the bankrupt for such tints as
shall be 'linseed him for finishing his examination, it is
enacted that the bankrupt is to be free from arrest or im-
prisonment " for each time, after finishing his 'gemination
until his certificate be allowed, as the court shall from time
to time, by endorsement on the summons of such bankrupt,
think fit to appoint." I am of opiai,n that the words of
this enactment contemplate cases where the allowance of
the certificate is subjudice, or still waiting the determina-
tion of the court, sad that they do not apply to eases where
the power of the court to allow the certificate has become
inopersive, as, where the allowance of the certificate
has been wholly refused, and the time for an appeal
under the 12th section is past, and no grounds can
be shown for a re hearing under the 207th section. After
the time that has elapsed since the judgment on the certill-
eats was given, looking to the provird ins of the 207th sec-
tion for a re-hearing under certain circumstances, but which
are not applicable to the present ease, I think it Is quite
afar that the jodgmeat on such certificate mast be regarded
as final and conclusive. The judgment of Lord Chancellor
Truro in " Ba parte Iligginson" (1 Bankruptcy Appeals, p. 4
end 11), is decisive on this point. Then by the 237th me-
ting, in all cases where the court has refused to grant the
bankrupt further erotic• ion,or shall have refused or mispeteded
his certificate, it is an imperative duty of the court to grant
to the assignees or any creditor, in the form set out in
schedule B, power to issue and enforce a writ of execu-
tion against the bankrupt, and the act of granting this
is of e .urse ministerial oily. (See " In re Cowgill," Queen's
Bench Reports, 336, and " Bs part* Stanton," 1
Bankruptcy Appeals, 30 and 32.) It is true that
all creditors who prove ceder a bankruptcy
thereby make their election, and such creditors were ex-
cluded from enforcing their claims against a bankrupt, by
action or execution, until the Bankrupt Law Consolidation
Act gave them the power of doing so by means of the cots-
misnomers' certificate. They are still precluded from awing
the bankrupt or issuing execution on their judgment, if
they hove soy ; but the 257th section makes them judgment
creditors dc novo, as it were, and the certificate of the
commissioner enables them to proceed as such by espies ad
satisfacisedum only ; and the Court of Queen's Bench has
held that this execution has a double aspect, that the in
has the effect of • apices for a debt. (See " In re
gill," 16 Q 8., 336, 343). I do not mean to im-
pugn the judgment of the Court of Queen's Bench on the
words of the statute, but, considering that the after acquired
property of en uncertificated bankrupt (excepting the
urniags of his personal labour for the necessary
allaiatimusee and support of himself and family) is claimable
by the usignert, and that all the creditors should share
rateably in the division of any such property, I think that
1112eClatinel against the body of the bankrupt ought to be
allowed exclusively by way of punishment, and not all as •
espies for the recovery of a debt. Any creditor may apply
for • certificate of execution. It appears to me, therefore,
that the provision of the 259th section is applicable to the
eirmainstances of this ease. This section, in fact, transfers
to theCeert of Bankeuptcy all questions of the discharge of
• bankrupt from prison, at least during the period of the
year mentioned in that eectioa. As to the construction of
this section I cannot do better then cite the judgment of
Mr. Baron Parke in a ease, " In re Everard," 6 Eacheq.
Rep., p. 116. His lordship says, " It appears to
me that on a reasonable construction of the
259th section, its meaning is this : that when a
"snidest* of conformity is altogether refused, the
bankrupt may be taken into custody and imprisoned for
the period of a year, with power to the court to discharge
him if they think fit. So likewise if the certificate is sus-
pended, though it may be for • year or more, still the bank-
rupt is liable to be kept in prison only a year." Thus it ,
will be seen that the Court of Bankruptcy has power to '
discharge • bankrupt who has been in execution under
the 257 section, at any tint• during the year of his imprison-
ment; and after the expiration of the year, or before, if the
certificate of conformity has come into operation, the coon
out of which the process of execution irsued, will discharge
him, as it did in the case of Everard above cited. Mr.
Prentice said it would be singular that the court should
bent a discretionary power to discharge • bankrupt imme
&Maly after he was imprisoned, sod not be able to
protect him front imprisenmeot. The answer to that
is, that in the former case the parties interested
would have notice of the bankrupt's application, and
have the opportunity of being heard against it, but in the
latter they might not. I hive considered the dicta of the
Lords Justices in "Ex parte Holthoose,"" Es parte Rufford"
(21 Law Journal), and " Be parte Start." It is sufficient to
say that in all these cases protection was granted by con-
sent of the assignees sod opposing creditors. In the case
before the court the assignees consent, hut the creditors
who opposed the allowance of the certificate do not consent.
Mr. Prentice contended that consent would not confer
juriedictios. The Lords Justices seemed to have thought
that it did, at least as against creditors coming in under the
statute ; and ic the ease of " Ex part* Hall" (I Rose, p. 13)
oat a question of jurisdiction or not in bankruptcy, Lord
Eldon said ;—" I am well aware how careful I ought to be
in extending • jurisdiction, admitting no appeal. I may
interpose by consent, and if parties waiving the benefit of
the objection afterwards should refuse obedience to the
wins, I would commit them: there are many cases where
this court has jurisdiction merely by consent." I find no
authority in any opposed case to warrant the conclusion that
the Court of Bankruptcy has power to grant protection to
• bankrupt after an adjudication of refusal, which has be-
SOW final, upon the question of the allowance of his certifi-
ed, of gaildcrolitY and the court cannot, by virtu* of any
suippond jurisdiction fee attaining the objects et a beak •
-

ruptcy, take upon itself to control er to limit either the
Common law or statutable remedies of creditors There
is one other circum•taaee an which I think it my duty to
make one observation. The bankrupt, ever sines his certi-
Neste was yawed, ha. been, and still is, out of the jurisdic-
tion of the court ; so that his creditors have thus been de-
prived of the remedis. given them by the statute. I think
it would be of mi•chievous comequeoces to let it be
supposed that a bankrupt who is thus mit of the
jurisdiction of the court is in a position to petition the eourt
for protection to be endorsed on his summons. This ap-
pears to me to be contrary to the intention of the legislature
and the provisions of the Bankruptcy Law Consolidation
Act. For the reasons! have given, I think the petition of
the bankrupt must be dismissed, and I am bound to say
with costa. It has been held that the rule protecting an un-
certificated bankrupt from costs applies only to petitions to
annul the est or petition for adjudication (see " Ea parte
Baily re Bally," 3 Pea. Rep. 41) ; awl that it dues not
apply to the ease of • bankrupt who has been guilty of
misconduct (see " Eu parte Shaw," 2 Yes., jun., 41); and
where a court has no jurisdiction, the respondents an en-
titled to coats.

INSOLVENT DEBTORS' COURT.-YESTEIDAT.

OILFOIII/ TIM Call?

IN TRU MAWR* or RICKARD DARTFR.
This insolvent was opposed by Mr Loses for a creditor
named Chatteris, and supported by Mr. Sargood.
The complaint was a vexatious defence. The insolvent, 1
• pac:ier in a warehouse, had pat his name to an accommo-
dation bill of 341. fur his brother, which the opposing cre-
ditor bad discounted, giving 301. 125., or, in ether words,
taking about "GO per cent." Three persona had been sued
on this bill, and only 21. obtained. The insolvent pleaded
"siz pleas," and the costs were 291. 15s. They would only
have beta 31. ISs. by default. Mr. Justice Talfourd, who
tried the cause, said they wen impudent Fleas and ought
not to have been put on the record. One of the parties to
the bill bad gone, it was supposed, to Australia.
Tho Chief Commissioner said that was the answer gene-
rally now given.
Mr. Sargood remarked that, fur the last three month!,
persona who were inquired after were gone to Australia.
Many would Sad it "a new way to pay old debts."
(Laughter.")
The Chief Commissioner held that the defence to the ac-
tion was 'vicious, and pronounced a judgment of four
calendar months from the vesting order.

Basoks Ili.C.oritusaomsa Law.
IN 111 Roblin' 1.11.

This insolvent, a Sillmid;f7sclur;;,applied to be dis-
charged from prison, to which no opposition was made by
his creditors. la July last be was heard uuder the Protec-
tion Act, and his case was adjourned sine die. Being in
prison, he applied as a prisoner, and Mr. Commissioner
Law, on the present ocessioa, dismissed the prouctiou peti-
tion. end sdjudi•ated uader the discretionary clause.
His Hamar gave a judgment of five months from the
vestiag order.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.—HumwroN, MARCH 21.
emirs SIDE.- amnia Mt. lorries Cactuses.
THE BORAX DUEL

This morning having been appointed for the trial of the
roar Frenchmen who were charged with murder, arisiog
out of a duel that took place in October last at Egham, eon•
aiderable iuterest appeared to he created, and the court was
crowded long before the vassal hour for commencing Wi-
nes*. A great number of Frenchmen were among the
speetaton, and among them were K. Luis Blanc, and a
great many of the French retagees.
At ten o'clock the prisoners, Edeeond Altair., 36, de-
scribed as a wine merchant ; Diem) Be►runa. 46, notary ;
Elliertliti Barthelemy, 29, engineer ; and Philippe Ewgrue
Marmot, 42, labours►, were placed at the bar, and the in.
dietment, which charged them with the wilful murder of
Frederick Counsel, was read over to them.
The prisoners all pleaded not guilty, and elected to be
tried by a jury composed half of foreigners. An interpreter
was swop to explain the evidence to them.

Mr. Locke ops;ned the ease for the prosecution.
The following evidence wee then adduced.
Mr. Francis Pardigan said—l knew the deceased. I last
saw him at a quarter to 8 o'clock at the Waterloo railway
station ea the 18th October. I saw him dead on the follow-
' tag morning at the Barley Mow at Engladder's's. I
knew three of the prisoners, Barthelemy, Barroom, sad
Allain. The two latter were with the deceased when I saw
him at the railway station. I also saw a gentleman sassed
Brume Ia company with
the
deceased on the morning of
the 18th, and I heard the deemed sok him if he se-
cepted." The deceased asked me to accompany Anglia
and Brews as an interpreter to hire a pair of duel-
ling pistols. We went to two shops, but they refused to let
pistols on hire. We asked for pistols that would fire with
precision—shooting school pistols. We went at last to a
shooting-gallery in Lekestersquare, and the proprietor
consented to let us have • pair of pistols on hire,
and Allain and Brume examined them. The owner
of the pistols said that they had been used on
the same day, and they were not clean. M. Breseot took
the pistols away with him wrapped in brown paper, and
they were taken to my lodging, where Allah& and Brunet
cleaned them. Allain and Brew* each cleaned one of the
pistols, and I gave them a piece of white rag for the pur-
pose. I took the rag from a drawer myself. It was about
the else of • pocket handkerchief. I gave them a large
pencil swat, and they used that to else* out the barrels of
the pistol., after I had cut some notches is it with a pen-
knife.. They tied the pistol to • small walking-stick, and
by this means they cleaned the barrels of the pistols, and
when they had finished each of them blew down the barrels
of the pistols and put their finger to the touch-hole, and
then said it was well. As the rag became dirty they tore
off • portion and threw it into the fire-place. After the
pistols were cleaned they were placed in an envelop*,
and Allain and Bremot said it was necessary to
seal them, and when they were wrapped up in
paper thirteen seals were placed upon them, and
they wrote on the paper "Allele, thirteen seals—
Dreamt, thirteen seals, Allan then put the seal into his
pocket, and the parcel containing the pistols was given to
Brissot. I recognise the paper and the seal now produced
as the same made use of epos the occasion.
By Mr. Chambers—l knew Mr. Barronet first during'
the Exhibition of 1851. I saw him very frequently at that
time. I have always heard that he was a man of very good
reputation and character, and a man of honour and a gen-
tleman. He also had the reputation of being a kind and
humane man. From what I saw relating to the pistol.
every thing was done with perfect honour and 'integrity by
both parties.
Re-examined—l never saw the pistols from the time I
have mentioned antil they were produced before the magis-
trate at Chimney.
Mr. H. Hind said—On the 18th October, I was the pro-
prietor of an exhibition in Lieeester-square, called the
Assault d'Armes. On the 18th October I lent a pair of
pistols to three foreigners, and I furnished them also with
22 ballets, about the some number of
.percussion caps,
and some gunpowder in a desk. The patois were after-
wards returned to me, and I now produce them. When
the pistols were hind, the parties said they wanted
them for practice. I can only recognise the Ist witness.
Ido not know any of the prisoners. The pistols were not
clean when the parties took them away, and I told them so.
The pistols were brought back to me on the 19th October,
and I paid them back about IX 15e. They bad deposited
81, with me, and I deducted 11. for the hire, and the re.
matador for the flask, which was not returned. I examined
the pistols, and being told that one wee loaded, I put •up
epee it, and tried to fire it, bat it would not explode. I
tried it a second time, but it would still not go off, and
I thee unloaded it by unscrewing the breach of
the pistol, and crammed • piece of rag between
the powder and the nipple, which prevented the former
from exploding. It was impassible to discharge the pistol
while the piece of rug was at the bottom of the barrel.
The wham produced the piece of rag he found in the
pistol, and M. Pardigan said it was of the same description
as that used by the prisoners Allain and Bressot to clean
the pistol.
M. Deals said—l keep a coffee-house in Old Compton-
street, Soho. Al the prisoners were in the habit of coming
to my shop. Oa the 4th of October 1 saw M. Barthelemy
there, and be inquired bow my bulkiness went on, and I told
him that M. Barronet, M. Cournet (the deceased), and
another gentleman boarded with me. Ho then said he had
a letter lie wished me to give to M. Courage, end I gave
him a sheet of paper and pens and ink. He began to
write, and in a abort time he said he could not com-
plete it, as he wished to look at one of the last letters
lof M. Cournet. I asked him if he knew 11. Cournet,
and he said he did not, and I told him be was a
fine robust man. M. Barthelemy then faired his arm as
though In the act of levelling a pistol, and he said, "At this
I don't fearthe first corner." He then went away and said
that be should probably return in about an hour, or hour
and a half. M. Barthelemy slept at my house on the night
of the 18th October, and he went out about a quarter past
one o'clock the next morning.
By Mr. Ballantine-1 have been five years in England,
but I only speak a very little English. Very few of my
customers are Eogli-h. I had known Cournet about seven
or eight months, and be breakfasted and dined at my
hour, hut did not sleep there. Barthelemy rarely came to
my house. After the arrival of M. Barthelemy, I fre-
quently heard Cournet talk about firing.
Jerre Pettingall mid—On the morning of the 19th Otto-
her, I wont down to Windsor upon business by the eight
o'clock train in the morning. I was in a second-clam car-
riage. The train arrived at Windsor about ;nine or half-
past nine o'clock. Three persons were in the same carriage,
two of them were the prisoners, Barthelemy and Monier
They conversed together in French during the journey. I
understood what they said. The name of Cournet was
mentioned, and I heard one of the gentlemen say he would
kick him and cane him to death, and I saw Buthelemy
take his right band out of his coat-pocket and look at P. and
say, "Jo ne suis pas agile." M. Monet had a cloak on,
but I observed nothing particular ab ,ut his appearance.
Francis Farquharson said—l am • " guide" at Windsor.
I was at the station on the arrival of the ten minutes past
nine train on the moruiog of the 19th October, and 1 raw
six gentlemen, who appeared to be foreigners, ett out
of the train. I believe the prisoners were four of
the gentlemen I saw. I afterwards saw the dead body
of a man who was one of the same party. When the six
foreigners got out of the train, they walked up the street in
two parties of three each. One party went into the Red
Lion, and the other into the Adam and Eve. I followed
them, in the expectation of getting 'job. The two parties
came out of the houses I first saw them go into, and went
to two other houses of entertainment, and they soon after-
words came out together, and all the six walked away in
two parties towards En.lefield-green. On the same after-
noon throe of the thous cuss back to Windsor. Two
of the grinners, Bsrtwet and Usenet, I can recognise,