The Express.
London, England, 1853-01-29 00:00:00

Boots lla. Counsel*,cza Para

IN al HOLMES, THE WILL-/NOWN SHAWL WAR/-
HUI:6=AX UV RBGENT-STARET --JUL/03111NT.
This bankrupt applied for his certificate about a month
since ; and after • protracted hearing, Mr. Heed (for the
aosignec.) opposing, and Mr. Lawrence supporting, his
Honour deferred judgment.
Mr. Commissioner Pane, after summing up the facts
of the case, said the judgment of the court is that
the certificate of the bankrupt be suspended for three
years from the date of the bankruptcy, without pro-
tection ; and when granted, to be of the third clan. If he
should be in prison, I shall be willing to release him ;after
three months imprisonment. lam sorry to be compelled
to pronounce so NM" a judgment against a person who had
such excuse for his errors as the circumstances of 1848 fur-
nish, and if all his creditors should abstain from exercising
the power of punishment which the law gives, it will not
surprise me, for I have seen in my judicial life quite
enough to convince me that the severe creditor is the nu
exception to the general rule.
Mr. Lawrence (ter the bankrupt) asked for protection for
a few days, in order to enable the bankrupt to appeal,
should he be advised to do so.
His Honour said ho had no authority to de so under the
act. All he could do was to suggest that if any creditor
applied for • certificate to arrest, be should give the bank-
rupt a few days' notice. Personally be should not be sorry
if the creditors allowed the case to rest where it was for •
while. •

lir. Reed (for the assignees) said it was not their inten•
lion to apply for a certificate for a few days; but, of
course, he could not answer for any other creditor.
His Honour said, if the bankrupt showed an intention
to appeal, it was hardly likely that the creditors would
seek to enforce judgment of that court pending an appeal.
However, with that he bad nothing to do, If aught was'
done about the protection it would have to be done by the 'I
superior courts.

INSOLVENT DEBTORS' COURT.—Yunapsy.

!Immix Ni. Ccaninwoun L&w.
lox?* v. DOYLII.

This was a proceeding under the Small Debts Act, men-
tioned on a former occasion in this journal, and disclosed
soma extraordinary circumstances. Originally the de-
fendant, who is a clerk in the Post-office, was proceeded
against for two years' rent tithe charge, amounting to 16e.,
and the law expenses attendant on the claim until the'present
summons was taken out had reached about 261. The tithe
renrcharge was made by the Rev. Mr. Dalton, the rector of
Lambeth, and his collector had called for the money.
Some time afterwards proceedings were taken, as
a distress could not, it was said, be levied, and
the costs were 121. 12s. 6d. Further thud elapsed,
and • writ of possession was executed to get
possession, and subsequently pourssion was again giver. to
the defendant in order that he might make an arrangement
with his landlord. The defendant paid 21. 10s., and gave
a promissory note to Mr. Jones, who was attorney for the
Rev. Mr. Dalton in the proceeding, for 161. 101., which he
was to pay by quarterly instalments of 2L When the fint
quarter's payment wee due the defendant informed him
that he had put his affairs into the hands of an attorney to
effect an arrangement. Mr. Jones then sued him in one of
the superior courts, and the elsim, deducting the 21. 10s.
paid, was nnw 241 Ls., and all arising out of a tithe rent
charge of 16s. It was insinuated by Mr. Jones that the
defendant was a Roman catholic, and had perhaps made a
vow not to pay it. The defendant admitted that he was a
Roman catholic, but denied that it was a religious matter
with him. The defendant's salary was 2001. • year, and he
had various presents to make and to support memben of
his family.
The Rev. Mr. Dalton was called by the defendant, and
stated that there were about 1,700 persons paying the tithe
rent charge, and he had to look after more than 20,000
persons. He had put the proceedings into the hands of the
collector and Mr. Jones, and was satisfied with the forbear-
ance they showed to parties. The great fault in this case
was that the small claim bad not been paid, and the de-
fendant allowing the proceedings to go on. He bad been
anxious that the matter should be settled, and the defendant
said the rev. gentleman had offered to give 61.
Mr. Wearing, the collector, said it was necessary to make
an example, and the defendant from his conduct was
thought to be a proper party.
Mr. Ernest Reed contended on the part of the defendant
that he bad been cruelly oppressed by Mr. Jones, and
hoped the court would make no order for the enormous
end extravagant costs, but simply for the rent tithe charge
doe in the first instance.

Mr. Commissioner Law gave his opinion on the several
proceedings as he commented on the facts. He did not
consider that Mr. Jones had acted in the manner described
by the learned counsel, u the dates showed. Mr. Dalton
had left the matter in the hands of persons in whom he
could place confidence, ss he was compelled to do, while he
attended to his more important duties. The mode of pro-
ceeding was pointed out by the act, and it had been
adopted. His Honour reviewed the evidence and exone-
rated all parties from harsh conduct. He made an order
for 21. to be paid by Monday week, and 2/. a quarter
(which the defendant had .himself proposed), until the
241. ls. was paid.