The Express.
London, England, 1862-04-01 00:00:00

lab fitttilignue.

COURT OF BANKRUFTCY.-11Asca 31.
(Before Mr. Commissioner Holroyd.)
IN RE N. W. GIBBON. _ . .

The bankrupt, aship sad issuraoce broker, of Austin.
friara, applied for his order of discharge. The lil
liabilities are 10,887/. ; all the property, valued attr
is held by secured creditors.
Mr. N. Harris opposed, for the assignees, who
the bankrupt with rash and hazardous speculationir Cd.
Linklater supported.
His Honour was of opinion that the 169th section of the
new act was applicable to the sum, for the proviso only ex-
tended to matters for which the bankrupt would sot have
been liable if that act had not paned. There were Muss
charges against the bankrupt —eoutraeting debts without
reasonable expectation of payment; kess*r, imperfect
books ; and rash and hazardous speculation-. That which
was rash and hazardous speculation in ow man might
be perfectly justifiable in another who had sal-
e:Sot capital. In this case the banktepk was without
capital when be entered into those s and could
pay his debts by raising money au the additional
goads be purchased. On the conclusion of his partuership
with Idartiudala be had taken upon himself liabilities of
7,0001., having consignments' outstanding of about half
that amount- Is three months from that time he bad ono-
traded debts of 4,0001. ; and his cousignmenta to Sydney
sad Melbourne could only be ownsd as rash ssa
hazardous speculations. For the same reason he must be
held to have contracted debts without probable expectation
of paying them. He bad neglected to keep proper books ; but
the apart would not come to the conclusion that be had done
it with a view to conceal from his creditors the true state
of his affairs. The order of discharge would be suspended
for twelve mouths from that time, with protection for three
math.
(Before Mr. Commissioner Goulburo.)
In Ix OOLLOP. -QOINTION AC TO THZ FOVSEM OF COMITY

The bankrupt in this owe resided at Southampton, carry-
ing on the bosinese of an ironmonger. At the sitting for
choice of amitoses, it appearing that all the creditors but
one were resin®t at Southampton, his Honour made an
order, under the 88th sec. of the new act, transferring the
yoga to the county court of Southampton.
Ms Mama, who appeared fur the bankrupt, stated that
Mr. Oder tbe judge of the Southampton comity court,
hal ongussod an opinion that he was not bound to sot orarm tins tranderreti to the county court from the Court
d inimptcy.
The MOO has since been brought before Mr. Cale, the
esientyumart judge, and, as was anticipated, he declined to
deal with it, on account of the debts euceeding 3001. On
th= reported to his Honour, a few days ago, he
indention to take the opinion of the Lord
Obansollor In the question.
Rh Hamer now said he had directed his registrar to lay
the facts beim. the Lord Chancellor, from whose secretary
the following letter had been received :
" Dear Sir,—The Lord Chancellor bee considered the
subject of your letter, and also the opinion of Mr.
ails, which you have forwarded to him. The
difficulty raised by Mr. Gus was suggested on a
former occasion with reference to the 100th sec.
bon of the Bankruptcy Act at 1881, and was thee also
fully considered by the Lord Chancellor. His lordship is
of opinion that the objection raised by Mr. Gals is without
foundation. The county-court judge, as soon as he Me
taken the oath required by the 7th section of the set, has,
by virtue of the 3rd section, full juriadiotion in bankruptcy
in respectto all matters coming before him by virtue of
the statute. The matters that come before him by virtue
of the act are twofold—first, those which may be aei
and directly presented to him ; and secondly, thosstila
may be transferred, by order of the London court, under
the 88th section. Mr. Gale's objection would render the
88th section, so far as respects county conic, wholly inope-
rative until a county court should have been created nadir
the 4th section, and would then limit the power to transfer
'Wen by the 88th section to a trander to such
court. But it is plain that the 88th section was In=
for present and unmediate operation ; and it is clear that
when a judge of eel:slaty court has taken the oath required,
brow.'" cchtubelo-rerrehinainejuhas, with
attoa inregPeal Ltak'ttenall Inzmittersbank-
Today. It remains to be oonsidared whether, under the
nth um, the Court of Bankruptayia London hos the power
to treader a petition pmd
__tbs Laden court to the
county court. Ths Lord MancsUor is of opinion that Is
bismuth as the words 'hoer tiny one dishiot
alas the London mud; and his lordship reads the dame
thwatore u giving power to the London court to truants.any petition from Welt to the oonoty oourt tbe *hp
of which has taken she oath required by the Rik
section. The Lord Chancellor trusts that so heirs

deli ult. will lie felt on this subject, inasmuch as it in-.st
ores :e great mutat-raiment, and would be attended with the
moot injulious consequences."
His Hoevur said this was Tay much the same opinion as
be bad expressed to the tint ioutance, and it was also that
GI Mr. OoremiseicerrAcirojd.

Mr. 1* Memo asked whet Comes wai to be taken if Mr.
Gale MI refused to beer the ore.

—Tie Commissioner-1f Kr. Gale alma still persist the
course will be by mandamus.

INSOLVENT DEBTORS 00IIRT.—RAIiiii 31.
(Before the Chief CommLariona.)
IN RE THE HON. HETES TURNOUR.

This insolvent, who had been nearly three years in the
tlu+•en'a Prison, applied to be discharged under the ant.
Two creditors bad entered opposition, but did not appear.
The debt. in the aggregate were 3,4511., and on the ether
side the amount wan 5001. Of the debts owing by the in.
solvent some were without consideration, and others twice
entered, leaving the consideration debts 1,3511. The
schedule stated that the insolvent had been supported br
the prison authorities, and it seemed that this court had
granted an allowance of 154 out of the charitable fund to
en►ble him to file his schedule and appear for examination.
The Chief Commissioner instituted some formal inquiries
as to a French creditor, and it wu stated that there was a
fund applicable to pay him.
Hie Honour, after the long incarceration, isauod his fiat
for the liberation of the insolvent.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—KiNorroz:r, Maa.ca 31.

The commission for the county of Surrey was opened
to-day. The criminal business is light, there being very
few prisoners for trial ; but the came list, u usual at
this place, will no doubt coats!, a peat m►ny nano. The
list will not be published until toescevow (Tuesday) morning,
but it is said there are some very heavy causes e• it. An in-
dictment spinet Mr. Train and several members of the
Lambeth vestry, for a nuisance in permitting the kamway
in the Kennington-road, stands for taisl at these solos.