The Express.
London, England, 1851-01-31 00:00:00

EQUITY COURTS.—Yzettapsy.

!crone Tux Loan CBANCILL•II.
His lordship made mime in surreal unopposed lunriMo
petitions, which stood over from last Friday, and then
precluded with the further hearirg of two appeal.—opental
on Weenneday—iar Menzies v. COnnor"—• case oflong and
oompllowed litigation between the: mistress and annuitant
of a Mr. Connor, deceased, against his widow and adminis-
Matrix. The real and only question la the appeals was,
whether Mrs. Menzies should have sedan oats awarded to
her by Viee•Chanceilor Knight Braes.
Mr. Wirers and Mr. Kerslake; Mr. Bacon, Mr. J. W.
Prior, Mr. J. Russell and Mr. Anderson, were heard
on that queetirm.
The Lord Chancellor reserved his judgment.

COURT OF QUEEN'S BENCH.-TESTERDAT.
Smuts* at Baxao.—Baroa, Loan CAl:pati, ILL Jurics Cots-

tiros, Amp YL Jurrtcm Wooing
TUB QI7IBN O. Till POOR LAW COMUISSIOXI22I.
CRYTIORABI.. . _

Mr. Peacock, QC., in this emu had obtained a nle,
eall-
lag upon the poor law commissioners to show cause why •
writ of certiorari should not be issued for the purpose Of
bringing into this court en order which they bad made in
respect of the parishes of St.Oiles in-the-Fields and St. George
Bloomsbury, which parishes were united for certain purposes
by a lead sot of parliament. The order which was cem-
paned of gave the directors of the poor the power to ap-
point the inferior parochial officers of these two parishes
without the approbation of the vestrymen, and it only
required that the consent of the poor law board should be
given tot such appointments. This, it was conteaded on the
part of the vestrymen, was contrary to the provisions of the
local act of parliament paned in reference to these two
parishes.
The Solicitor-General, Mr. Crompton, and Mr. Tomlinson
now showed cause against the rule, and argued upon the
authority of the cue of " The Quin o. The Inhabitants of
Brighton" (3 Queen's Bench Reports) that the Poor Law
Commissioners had acted upon the authority of the Pour Law
Act, which, and the order made under it, could not be af-
fected by a local act.
Sir F. Kelly and Mr. Cowling, in support of the rule, con-
tended that the commissioners had not the power to repeal
the act of parliament, or any express provision in the act, and
had power merely to control or direct officers in the dis-
charge of their duty in the execution of the poor laws en-
trusted to them ; but while they had power to control the
officers, they had not by the act power to dismiss them. The
order, too, with respect to the appointment of officers was
bad, for it took away from the vestry the appointment of
officers which the legislature had vested in them, and con-
ferred it on those who by the act were made subordinate
officers. The order therefore was bad in part, and it bad in
part was bad in all.
The Court took time to consider.

BAIL COURT.—YESTERDAY.
Ex PARTS THY Rk.V. OZOHOI ROUNSPIELD.
Mr. James, Q C., mused for a mandamus commanding
Mr. Commissioner Law to hear the appication subs Rey.
George liounsti4d, and grant a rule to show cause why a
Testing order made in his we should not be rescinded
according to the provisions of 1 & 2 Victoria, cap, 110. It
appeared the Rev. George Roun.field had, on the 31st Oat.,
1638, filed a petition under sec. 36 of the Insolvent Act, and

upon the filing of the petition the usual vesting order was
made. There was only one detaining creditor, a person of
the name of Drury, who was paid in full, and the insolvent
discharged. There was no schedule filed, no hear-
ing of the case, and no adjudication, but the vesting
order remaintd, whichl vested ail the insolvent's el ate to the
assignee. The petitioner having been entitled to
lauded property of the value of 12,0001. and a living in De-
vonshire of the value of 4001. per annum, which have been
told, wishes to know that the sums received for them have
been properly applied. For this purpose an application was
made to Mr. Law for an ord. r to annul the vesting order,
under No, 37, by which it is provided "that when such
vesting order has been made on the petition of a creditor, it
shall be lawful for the court, if it shall seem just and right,
but not without proof made to the satisfaction of the said
court of tho consent of the petitioning creditor, to make an
order declaring much testing order to be null and void." An
affidavit of the detaining creditor was produced, declaring
his consent. The commissioner required Mr. liounefield to
prepare a list of all his creditors, which be did, acd on the
24th January made a further application. The commieeioner,
however, refused to interfere, and made some observation to
we effect that he could not understand the meaning of the
act ; and nothing leas done. Toe applicant is therefore
wituout remedy; he can get no account, aor can he take
possession of his property ; be cannot present to the living in
Devonshire, when the neat vacancy occurs; and ha has been
lea a legacy which he cannot ieceive, on account of this
vesting order, though there is no creditor before the court.
Mr. Justice Erle—Yuu have convinced me that yen have
no remedy except by mandamus, but you have not shown
any legal right to that. 'foe discretion of granting the
order you require is vested in another tribunal "if it shall
seem just eau right," but suppose that tribunal does not
think it just and right
Mr. James—!f the commissioner had heard the matter
out and had adjudicated, that would be a different case ; but
here there has been no adjudication.
. .

Mr. Justice Erle—The nine of demarcation is very clear u
to when this court wall and when at will not interfere by
mandamus. Mere the commissioner entered upon the cue,
and did not decline jurisdiction. I have a very strong
opinion, but if you thick you con prevail in the lull court,
you may withuraw your application hers and make it there.
Application withdrawn.
REGINA IP. JUSTICES OF BMW:MOUTH —APPLICATION TO

ENPUILCS ♦ CUUNCH RATE.
Mr. Wales moved, on behalf of the churchwardens of the
parish of St. Mary Magdalen, Bridgnorth, fora rule calling
on the justice, to show cause why they should not issue
warrants or distress to enforce payment of a Boor rate. The
question involved was the validity of the rate. It appeared
that in March, 11150, it being considered necessary to make a
rate, notice of a vestry was given, and • meeting held, at
which, after parting the churchwardens' accounts, the
subject of the rate was discussed, and an estimwe pro-
duced, showing that 604 was required, and a rate of ,sd.
in the pound proplsed. An amendment wee then proposed
of Id. in the pound, which, according to the estimate of
property in the parish, would only have produced 7i. The
cnairman asked whether the proceeds of • farthing rate
would be sufficient for the purposes required, and, being
told they would not, he refused to put the amendment, and
the original proposition was put and carried, the disseutients
refusing to vote. The justices refused to issue distress war-
rants, upon the ground of the alleged irregularity in not
putting the amendment. It was now contended that the
Case was not distinguishable from " Gosling v. Veley."
Rule nisi granted.
Ex PANTE THE Rev. GEOROS CLAILILEON.—LI BEL AGAINST

• WEBLIYAN
Sir F. Theaiger moved for leave to tile a criminal informa-
tion against John Kaye, the proprietor of the IVelleyan
Times, for a series of libels contained in several numbers of
that paper. It appeared by the affidavits that the Hey. O.
Cl.rkson had been for 30 years en. of the accredited minis-
ters and preachers of the Wesleyan Society. That in the
year 1846, a girl of the name of Charlotte Irons entered
into his service, and continued therein till May 31, 1860,
when she left, and shortly afterwards he received informa-
tion that she was pregnant, and charged him as the
father of the child. He immediately employed a so-
licitor, and made a communication to the Wesleyan
Conference, upon which the customary mode of inquiry
was adopted, and a statement was revived from the
girl. On the 9th of September there appeared among the
notices to correspondents in the Wesleyan Times a notice as
follows: " We have heard some rumours respecting Mr.
Clarkson ; we know not on what fouadation they rest. The
matter ought, we think, to be cleared up." This was followed
up by an article on the 16th September, headed "A Delicate
Case, ' and of which the following are parts : " Ti. Wee.
Igen conference, or rather the dominant party, has more than
once been charged with popish practices in treatine, ea venial.
sins committed in flagrant violation of the law of God.
• • • • At this moment rumours are rife in the
midland counties respecting • superintendent who
attracted to much attention to himself before coots-
rues by his severities towards the relorriten that he
must not be surprised if, against his will, he become the
object of disagreeable attention. We forbear mentioning
his name at present, though it mast eventually become
known in connexion with a charge than which few accusa-
tions would be more injurious to the character of a Christian
minister. His accuser is a young woman, formerly in his
service, but at present in circumstances which incapacitate
her from any active occupation—in a word, she has
become a mother without the sanction of matrimonial
alliance, and she constantly affirms that he who
was her muter is the father of her child." Again,
on the 18th of November another article appeared
" Ever since the conference, one of the largest and most im-
portant circuits in the connexion has been under the co-
puturate of a person who (not to mince the matter) is more
than suspected—is directly charged—with being the father of
a bastard child. Some weeks have now elapsed since the
birth of the child, and we have the means of knowing that
so far as physical cdrcuesstances are concerned, the un-
fortunate mother is perfectly well able to app ar before the
proper authorities and make a depoeition as to the paternity
of her offspring. . . . It may be objected that these
lasts have not been established before a legal tri-
bunal. We admit the objection, while we deny its
force. The facts ought to have been in mdeac•
ere now." Shortly after this the case then came oa before
!the insgistrates, on an application to affiliate the child. Mr.
Clarkson attended, and the girl was examined, witneues
called to corroborate her testimony, but the megistrides
stated that the case had broken down on the girt's own
statement; and though Mr. Clarkson's counsel said he had
witnemes to call to contradidt the statements of the girl,
they intimated that as the caw had entirely failed, they
could not go into the facts on the other side. On the 2nd
December, a long article appeared in the Wesleyan Tunas
upon the trial, stating that the case was dismised on a
technical objection, for want of corroborative evidence.
That u the 'tatter stood, It was unsatisfactory to both
parties, that it had been stated that witnesses were thee
to speak to Clarkson's character, and that it was
pity they were net called. Oa the 9th December,
two advertisements' appeared la the paper calling for
subscriptions on behalf of the girl, headed " Inns. v. Clark-
eta," and cants' her an 1' fared parson. A leading aside
was inserted upon the subject, again smarting that the case
was dismlaud on a techn'eality. Those libels were continued
in pepees of the 9th, 16th, and 23rd of December, and 13th
January, intimating that Mr. Clarkson hadsbirked inquiry;
whereas, in truth, he was anxious to submit to the closest
inquiry, but there was no possibility of itZsellmtprir
undertake the Investigation; and in ,
Clarkson's character is Wog meet Inj
.Ipf •
the efficiency of Ws ministry impaired. 11,0
Owe la sot the slightest truth In the
having given any grounds "Wow n ""lir

4440 .ISWAN

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▪ prom dee mks 'Shells tlat tally wore prtaeat sad
wady to O. widows co As trial of %kg ease Won she
larrhtae.
eties Erle—Tea bare stated gaits silkiest to
MOO re s te the rale.

COURT OF COMMON PLEAS.—YVISTIMDST.
lllmmo m Lew—lseas on arms Junco. Mn. !mews
Alma, Ma. Jams Cameiresa, MID Mn. rouses Vrtuium.
Ina DIN. Summons v. liaumwoots.
la this ease sa minx of *lnman had bees becoght to
nouree pommies of mania proper M the %heti of Dar-
ne thole west down Tor WM at the last summer
Onus before Mr. Justice Cromwell, end was tamed tato a
!penal ease, whin sew ern ea tee signalise
It append that is 1787 a person maned Robles, who had !
been misty 'harried, and being at the Use ill, made a will
by which be devised all his proper', personal sad real, to
his wife for life, with remainder to tie nephew Gilbert
inns, the Under not hung at that time say issue.
Ths will, however, provided that, if, after his &mese,
hie wile, shoald prove to be pregant, and a poethumoss
shad should be bus, that sub child *bond take ths
property instead of the septum. The testator subseyiently
veneered, and two 'ears after his wife was delivered of a
daughter, who survived both her parents. and the defend.
ant in thie We was the devisee of such doubter. Tee
&Whit, es the representative of the nephew, claimed
wider the wiil, the teitatOr
brought an astioa of ejectment to west his claim to the
'Yer
r. lenity, for the plaintiff, entiended that the will
providsd only for posthumous issue, and the npresentative
of the nephew was therefore clearly entitled,aa the cent scold
met interpret the will la a different manner from that is
which it spoke for itself; and it did not provide for any
heap which might be living at the time of the testator's
death.
Mr. Malice, Q C., on behalf of the defendant, contended
that the oojsct and spirit of the will was to provide for any
ehild which the testator might be the father of, whether
bombe/on or Liter his death. His own issue was his first
object, sod the nephew his second; and the intention of
the testator clearly woe to provide for say child or children
be might have, as was his duty, and not leave them send
lees, to provide for his nephew. The learned genikaaa
quoted " White v. Barber, and " laggard v. Jammed," is
'appal of h.s atgateent, and submitted that Me mining
el the testator mast be regarded, and that his will suet not
be literally construed, the pupale clearly being to rive the
property to the nephew in the event of the testator having no
.hildrea.
The eout, 'retinae telling on Mr. Manny to reply, gave
jodgmene They were of °piano that judgment must be
given for the lesser of the plaintiff. There wee a positive
darn to the wife for lire, with rescinder to the nephew,
and they sand sot eassane the will no u to ooseteract that
devise. No contrary istantion in the testatov's mind sus
apparent as the fan of the isstrament. However they
aught be satisfied that it sea the lsten:ion of the testator to
do something; else then that whin appeared oa the face of
the will, melees they could find words which were capable of
a enstructin that would carry that intuition into effect
they could not properly act ea that intention quad 'oink, non
dila. Whatever the testator might have intended, the
words of the will were only applicable to a posthumous
*WM.

COURT OF EXCHEQUER.-MTuDAy.
8i1,03.

Mt:YORAM IP. WillIA:c1:1-;-;11.)-A-N-0-21111.—ATTACHIliNT.

Conwrr Cavan.
80 F. Thomism, Mr. Bodkin, sad Mr. Horne appeared to
show cause why the rule for an attachment against the
learned judge of the Heat County Court should not be made
absolute. The rule was greeted for not obeying a writ of
sectioned i‘sued by this court for the purpose
,of bringing
up • plaint in replevin. The defendant Smith, who acted as
bailiff, levied • diatom for rent exceeding 501., and the
plaintiff had replerined them in the county goon. The trial
win filed fur the Bth of November. The defendant obtained
Mui wilt of certiorari oa the 6th, and gave notice of it to the
sleek of the county court on the 6th of November. he also
mentioned the names of the sureties whom be would produce
for the prosecution of the cause. On the fik the writ was
presented to the judge of the county court at Gravesend,
sad Mr. Wheatley's attorney mode an affidavit stating
that the defendant was unable to be personally pre.
sent from severe illneu, but that he (the attorney)
was prepared to m.ke the necessary declaration that
the rent exceeded 201., Ire, which being done the case
would be removed into • superior court. The learned judge
was, however, of opinion that it wee not competent for
him to receive the declaration of an inept the defendant
ia perms, and he refused to allow Mr. Wheatley's attorney
to make the declaration. The cease was, however, then
adjourned, and afterwards taken at the close of the day,
whoa the jory returned • verdict, with 601. &magi e.
Mr. Clarke supported the rule The learned judge had
not only quite awaken the purview of the Comity Court
Act, but he should have received the deelention proposed
to have been made under a power of attorney from the
defendant fee that purpose. instead of doing so, he refused
to act upon thy writ of certiorari which from the moment it
wee granted operated em a suspension of all kis jariediction,
because the defendant had not complied with all the pre-
km/aeries of the County Courts Aet. The learned judge
wan no be said to have received the writ, much less to
have obeyed it, and the consequence was that he was guilty
of a contempt of this court, whose rule for an attachment
ought is be made absolute. The learned gentleman was
Baronilr. Parke, who (in the ibis nee of the Lord Chief
Baron) said tint he could not help thinking that the learned
judge had disobeyed the writ of certiorari. This court
lad already disposed of the lint questions raised. There
wee so doubt that the writ might issue at ones on the mere
spplicatio• of a party, and that as soon as it is issued it might
be obeyed contiLionelly, tke effect of which is to make the
writ suaditirnally operative, that is, provided certain things
wore afterwards done. The 121 section was embodied. and
as sees se the writ was pretested to the judge of the county
wart, the party ought to be prepared to make the declare-
Nos required by the statute. When that is dn., it is the
duty et the learea jades to fix the amount of the sureties
of the bond, to be approved of by the clerk; and when that
is done, the cause is rtturned to the mart assieg the writ.
The statute certainly was *bemire ea to the party by wham
the declaration should be made. There wee no doubt that
it was questionable whether it might be dem by an egeat
under the circumstance,. 1 think it might be DO made, and
that it was the duty of the learned judge to receive the
agent's declaration, and go on to fix the meant of the
sureties, which wee a ministerial act. The judge
we,, *inhere, wrong is refusing to do se, sad
this wee tie only way to put him right. I cer-
tainly think that ,he had no business to go as and try the
oast or allow the jury to award 601. damages, although that
has beam emplaned by the paggautisa that it was " doubtful
Whithelf the Ilene dad not 'ashen damages for an excessive
distress "es welt as fer replevin. That is, however, quite
beside the pegesat gaieties, and the malt is that ia
judgment the eateekateat ought to go. however, as there
woes Manes ef wilful unwept—it was more like a venial
enter or mistake ea the part of the learned judge—l Walt it
inlaid be right tie order that this rule should retina in the
'Mee for a mouth, and that la the meantime a new writ of
satiensi should issue, which will, no doubt, be obeyed. As
I desk very much whether the old one could be acted on
saw, the Me will thereicre he absolute, sod all that has
Nina Pim will go ise nothing.
Me. News Al‘esau quite agreed ia all that had fallen
from his Weried Imam. la the tint iastasos the leerned
judge we wing, sad until be was set right again no question
could arise. It matt, however, be admitted that ao ground
tented kit lapsing to the learned judge any wilful din!**
damns el the preens of this nark The psiat on which be
acted was admitted to be of grave doubt.
Mr. Berm Martin said hie owe notion wee that the lamed
judge ten quite wrong in refulag to erosive the declaratios.
Me and all other judges of the inferior courts ought to aid
be eanyiag oat the provisions of the legislature whoa re-
gaited to do so. The defendant was clearly tinkled to his
writ of metiaesii, and instead of throwing impedimenta in
the way the Warned jingle ought to have assisted him in le-
' the IMOD to &superior court.
Mr. Clarke applied for costs.
The nark however, refused the application, and ordered
as tele to be made absolute sacordingly.

SHERIFFS' COURT.—YOTIP.DAY.
isms vas Vale tr• MIODUOLL
rIOCIAIUTION or OUTLAWAY.

At the muisii;g7ii; ;;artirTkZi: the chief bailiff,
made proelantatmea and milled opal the foilowiag pumas to
anneedsr themselves into the melody of the Sheriff of Mid-
&nem under penalty of outlawry :—Riph•ge Tan Zsylea,
at the suit of William Rickards; Biejaaila Maas, at the
salts of Chula Smith Themes sad Francis Cartwright ;
Charles 800, at the snit of John Denman ; Witham Routh,
at the snit of David Owes; Dominique Andrew Morello, at
the salt of John Ormernitle; Hoary Heat, at the snit of
lidamiad ; Alesaader Gordo& John Bishop, at the
snit of Beejsmain Spilsbory ; Heck Herr, at the mit of John
Mathews Steidle& Temple, at the suit of John Lewis ;
Henry Williams Beouelerh, at the snit of Martin Stately
Brownlow Themes Montague Cecil, commonly called Lord
Brownies Cued, at the ant of Martin Stately ; D.
A. Ber-
net, at the suit of Thomas Phillips Roberts Al; Robert
Anstrutben, at the sad of Richard Kirkman Lane; Charles
Webster Weddnbura, at the suit of (leap Samuel Ford;
Georg* William Dyson, at the suit of George Nisholmon ;
Tltesses Keye, at the suit of William Sangster and another;
Dewy Haas, at the salt of Jahns Mayflies ; Osage Harley
Drunimead, at the suit of Catherine Elise Po,
niewatia of Froasis Poiteria, lig., deemed ; sad William
Meary Lasgley, at the nit of Thomas Edwards.

ARCHES COURT.—YmiaDat.
Sims la IL 3. Tom
BAAMOILII ARP MARRA IP. CAMPRIX.
Th. a fs.an k tbie case was rosamed today, but bad
sot dead whoa the loaned judge resa.

COURT OF BANIERUPTCY.—Yurzanmr.
Buoaa o ZTAMII.
IX as WaLama.

The beakrupt. a n;allaat, la Phil lass, applied See
W eartilleate. wad omamma imam, 0,8761. •
le thaw pentally wand. 6,6241.; sad the liabilities wen'
4,4601 His assets tow,id good debr, 1,4621. ; doubtial
ditto, 2,2671. ; sash at Mahan, 41, 12e. 46. The peemi
drug four Inn' unify bed bra 7,9661; lessor 8,1191, •
Inds expisese, 1,6841.; iateren, 22.51. • dnwa oat by the;
bearer, 903 L ; by Wilkia (a korne;e partaar), ;
elesit,74l.
lb. Harry6l opposed tor the wthe ipers, sad trained tbe
bearer r to itte dories. wider VI/10w furs ie wldel
lie bed beso sessasd. Hs surd ret h• bens with a dear
rodir of nu. TM" were find aware of their difilealtias ia
Danatbale WS, bat elatland to trade. Wald died
Jule lael. ma he thea senlad ea th• beldam Wawa
III• MOO seadered *wed that Wit &Wilke

was Oft 12,1001. ; ad tom/ estimated their awl' at
11401101., anpttall Is to geol. He applied the
bought oho the 30th of Jaw la
FY tto old dolts of Wilkie and Walker. He
mUt Boa Mr. Goddard to the moat of
won to be paid for is orb. He had roared
WIEN. widths • fortaight of hit bankruptcy. He had
MOO Ms father 1001. throe days beton thou bankruptcy, sad
MIL to Ids bostor, in romance of • proviso ogsgaiwat.
Ilk poled* bashooss was perahasiag goals, sad sitadiag
OM abroad. Who to get the bills of he used to
Wad Mot es his siesta shoot with isesins to get a
isolott prim. The moots soespted bills, which he usgothted
'in the toast. He had arab at TWO", ROMS, Malta,
Legless', Coastaatinople, and Alexandria la fast, they
ought Motod the todo to do whole of this Mediterra-
wan. Ho had boa tworrod ia tlis firm of Wilkin,
Wa!kor, sad Barker, of Newest', also bankrupt. That
firm hid supplied them with goods, sad drawn for the
amount. la ties month !reknit" beakniptoy hebad not
posed his cask through the beak, bat had bails oat to his
office, knowing that there was some diMealty about the.,
and not wittiest the beakers to boor. His Other was •
shipowner and shipcbandlor, ad supplied ship with cables.
He had made one bad debt of 1,8801., with a party named
Mr. Billowy turd that the bankrupt's trading bad boon
'aunty speculate', and the *spitsl wholly lainifficient for
such fulmars operations. He had begun, at 23 yore of
age, in partnership with this Wilkie; and they had traded
sa merchants, as they celled themselvee, of the City of
London. Thuagb their liabilities ware upwards of 8,0001.
at Wilkla's death, with ealy 8021. of available vets, the
bankrupt had goo on trading for three months longer, with
the full knows of how deeply he was involved. The
trading had been most reckless goods ware sent hither
and thither to obtain what prim they could, the bankrupt
Wag without capital, and caring little for the result.
The brother of the bankrupt was called, to give some ex.
planstion of the psymints made by the bankrupt to his
father and brother shortly before the failure. They had
handed to him bills for discount, with a view to usable him
to dent an arrangement with his creditors; failing this he
was to return the amount; but they had lost 601. by the
transaction.
Mr. Balsam said the only assets received was 1401., and
they expiated to get about 1601. more ; so that the dividend
' would probably not exceed 6d. in the pound.
Kr. Linklater, on the pert of the bankrupt, contended
that he was not justly chargeable with recklessness in con-
signing sods to the (wigs market. Every ono know that
is was the usual course of that trade to take the market as
it was when' the goods arrived. Bat for saleroom keel he
weld new have been • thriving man. Up to Juno last the
holasss had been principally conducted by Mr. Within,
Wan was saaguiae as to the result; and the bankrupt, •
es& younger man, misguided by his counsaL This failure
bad bees precipitated by that of (Median° and Co. (whose
roe was before the court • few days ago), :and who owed
him 1,2001. There was no suspicion of any accommodation
bill traileactions. The t oaks of the bankrupt had been
admirably kept, and his personal expeaditure had been very
moderato.
His Honour said it was out of his power to grant the cer-
tificate at once, as it was clear the bankrupt had been guilty
of a fraudulent preference to both his father andlbrother. Ho
bad gone down into the country with their bills, and, after
receiving the money, had returned it to them, and this alto
he had been eummowd to that court, which in law was
clearly a fraudulent preference. The capital had boa
utterly incompetent for each an extensive trading. It was
said that ha had tattered Inmost that he should be able to
work round; but how cold he so far deceive himself, who
he knew that he was 3,0001. worse than nothing ? Hs might
be deluded, but those were delusions which the court ought
to dispel, arid make people think before they allowed Ons-
ets's,' to be canted away ty such unfounded ateurditles,
Ho was hopelessly insolvent at the time of Wilkin's death,
and ought then to hoe called hie creditors together. Ho
bad not doe so, and on that ground also the oestificate
must ha suspended. A sameneion of ono year would meet
the justice of the case ; arid, when granted, to be of the
second class.
Kr. Liaklatar asked for protection, which was granted, the
amigo's not opposing.

INSOLVENT DEBTORS' COURT.-MTUDAY.

Bayou Ma. Cumnimmosna Panma.
IN TNI MAIM or J. T. Benner.

This insoWenr, 1;;;;;aa "eiiiiaiWienert,';again came
before the court He had brought an action against the
Peninsular and Oriental Sous Navigation Company, for
Zfusihim a passage, on account of his cobnetion with
ona4rig set, and rumored ilanseges which led to subs( quint
proeuthoge still in litigation. He had been before the court
on several occasions, and on the last time kris petition was
dismissed en the ground that his name wu " Benest" and
not Bengt, in which name he had petitioned.
Mr. Sargood now opposed, and Mr. Cooke supported.
It was elicited from the insolvent that, in adaition to the
Lames he had used, and which sppeared iu the schedule, he
had gone by the name of Barnett or Barnard.
Mr. Sargood objected to the, further hearing. An instil.
vent must acquaint the public with all the names he had
assumed.

Yr. Cooks thought the objection should boos boon taken
whoa the CMS we, last before the court.

Kr. Commissioner Phillips said it wu the duty of a person
to know what names he bad used. It was really tao much
to, other parties to remind him of the different names he bad
adopted.
Ilia Honour adjourned the cue for an amended description,
and, is consideration of the imprisonment, ordered some
days' notice.