The Express.
London, England, 1865-02-10 00:00:00

COURT OF PROBATE AND DIVORCE.

FRB. 9.
(Before the Judge Ordiear►.)
Howse r. uowus AND Ur% LIARITY.

Dr. Wamby far the paillasse. The marriage was in
1845. The petitlostir at that time kept a boardintechool,
bat four or Sr. years afterwards he failed, and had to go. to
Guernsey to avoid his The reidant, bang
left behind with her friends, eastraoted a bigamous mar-
riage with the oc,mapooclent, soder the pretence that she
waa a widow. Mr. Inverarity had already had this wood
marriage proommoed null and void. The petitioner, on
being examined by the court, stated that the separation
had been agaisst his will, his wife declining to go with him
on scoossit of the smallnass of his means. He afterwards
beard that she was on the stage, sad then he lost sight of
her altogether till quite recently.
Decree siai.

ILLIUTR r. lIAIPIII.

--.--.
Mr. Inderwick sad Mr. Rasher for the petitioner. The
marriage was In May in RIM, the respondent being a me-
cheated engineer in Lemke. In about seven weeks after-
werde be took advantage of his wife's absence from home
to sell off his furniture sad decamp. Since then he bad
formed an adulterous connection with Mary Reeves, who
had lived with him et various places in the country and
had lied s family by him.
Decree nisi with mete.

COURT OF BANKRUPTCY.—Fes. 9.
(Before Mr. Commissioner Oeulburn.)
IN RI JAMNS STIII3IB nuer.
The bankrupt was described as a ahem dealer sod mining
agent, of Cletnent's-laws. The edjudicstion was made a few
weeks ago, but it afterwards transpired that the bankrupt
had never pawed his eiunination under a previous bank
ruptcy In 1857, and this wee a satin{ for that purpose. It
appeared that ha had been adjemwed sins die by Mr. Com-
mission, Foublanque on the 20th May, 1857, on the ground
that be bad made false *atrial in his books, with a view to
minor' the state of bin affair. Proteetioo was given for •
mom* ; the baakrupt bad never appealed, and so additloual
accounts had boss filed.
Mr. 'anklet's opposed for two creditors. The bankrupt,
after being adjourned eine die, had been trading is France
sod other parts, and had incurred debts of several thou-
leads. Finding the air of Perin too hot for him he had
come to this country, made himself bankrupt for the third
time, and obtained protection from arrest. He had carried
on business in Paris as " The English Beak." the English
travellers resorting there having no idea that the only
preozietor of " The English Ba." was an unzertikated
bankrupt.
Mr. &mood. for the bankrupt, objected to those state-
meets, as not being relevant to the question of last swat-
nation.
His Honour doubted whether he bad power to review the
decision pronounced by Mr. Commissioner Fonblauque, in-
volving so serious • chugs against the bankrupt, especially
ea
he bed not appealed against that order. He thought
that there bad been some irregularity in appointing a day
for this mein.
Sargood said that application had been wade to the
ii=ler in the usual way, sod • day named and ad-
.

Linklater said that the usiguets had had ao notice
from the bankrupt, only the ordinary notice from the court.
His Honour wee of opinion that a day ought not to have
been appointed
l,s without application to the court and notice
being given to the assignees and opposing creditors.
Mr. rgood contended that the bankrupt had a right to
come before the court when prepared, and that the court
bad De power to refuse a day.
His Honour was clearly of opinion that he ought not to
bear the case in its present stage. The right of a bankrupt
to have a day named depended on circumstances, and must
be at matter of die:treetop with the court, not with the
nasessesiu. This men had been adjourned sins die on a
very serious ground, that 'of making false entries ; he had
not availed himself of his right of appeal ; and the circum-
stances of the case were such that no appointment ought to
have been made without application to the court. The
court would therefore not proceed with the matter, but
would strike the cam out of the paper.
Mr. Sergood asked, with a view to the saving of expense,
that an adjourameat might be taken.
His Honour said he would again adjourn the sitting able
die, sad the bankrupt might make any application he liked.
The court would have mgresat difficulty in reviewing the de-
cision of Mr. Commisaioaer Fontilsaque, unitise the bank-
rupt could give some evidence that the sista of facia was
altered.
Sargood would be content to teke4tidadgment of
as the court to that way, the basis for an the power
of appealiag under the original order having expired. He
asked for a limited protection.
Yr. Liaklater submitted that the court had no power
under the old ant to grant protection, the bankrupt having
been found guilty of one of the gravest offences known to
the law of bankruptcy.
His Honour said he should err very much if ha granted
this roan any further protection. This was a proceeding
under the ant of 1849 ; the bankrupt bad been found guilty
of one of the offences under that sot ; protection bad been
glees him for • mouth, to noble him lo appeal ; he bad
not done so, but had gone elsewhere, and after an nestle-
medal Madteg he again became bankrupt The offioer of
the court had dope wrong in naming a day for the exami-
nation, as would be done Is an ordinary case. The matter
'mad sot sow be based • and the cowl arm asked to ore
protection though it hal been before refused, and be had
committed one of the gravest offenoss known to the law.
No protection therefore would be given.
The beetroot's liabilities under the old bankruptcy are
• upwards of 18,000 i.

PRocustmorrs or Ourrawsr.—At the Sheriffs'
Gout yotortlay, wars' now proolaaatioos of outlawry
wore made. The %Cowin clafeoslanto is mulls wont ro-
olobtod :—Jolui 3l'lfoona, Ma Heater, Thome Fits.
=subs Barks, Hoary Lusa, sod Geo. Winos. The sea
emir wart Wee Ina les the 91k Mereb.