The Express.
London, England, 1865-11-23 00:00:00

LLW INTELLIGENCE,

(THIS DAY.)

EQUITY COURT.
(Before the Lord Chalice Her.)
eat ATIVINIT on3IIIAL V. o3AILsII. OFFICIAL /Asian=
IN SAIILBUPTCT.
This case came before the court an a motion by the
the
orney•General on the relation of the Ch
the Court of Bankruptcy against o•OOPief s
ham,Graan
official assignee of the Court of Bankruptcy in tondo., all.
bog au him to pay the accountant m bankruptcy to
the credit of the amount of the chief morn,
the sum of 1,663/. 7s. 11d. ; and to the credit d
" The unclaimed divideed accernit" the rum of 578.1. lee
It appiared that Hr. Graham had received from .. ow
estates us bankruocy slncie the act of 1861 certain rums se
remuneration un Ilth section of the act of 1854 and acts
1 other them khoa of 1.861, which sums had been all alleirm
to him la his own we by the Court of Bankruptcy sit*
I under those sati. By the 31st section of the act of
1861 it is maned that the " fees" to be taro
the official magma in respect of the duties performed
by
by them shall be &fluid by gement orders, and that midi
Winn longue shall maks a return half •yearly to the eniof
registrar in such manner as general orders shall direct of 1.4
amount of fees received by him within the six mans
1 wending. By the 45th section of the set of 1144
I the power to make general orders is " subjoin to
the provisions of the act i" and by section 232.
it is provided " that the act shall be construed Pogo
tber with so much of the Bankruptcy Consolidation Actsdl
1840 and the act of 1.854 as remain unripened, as one see
The 11th section of the act of 1852 is repealed by KWh&
Gof the act of 1861, but fiction 230 of the act of 1861
provides " that such Meal shall not affect any proosedot
peadieg, or any right that has arises or may
seise, or any penalty incurred er that may ke
incurred in respect of anything dose cc mining
1 prior to this aet, tunes and by virtue of say of the sett or
I ts repealed." It appeared that Mr. Graham made
' returns of all the fees received by bim in
the sake .
damns
'seder the set of 1061, end brought to
court on every ommelos of presenting his half-yearly alas
I all that he had received under the act of 1854, as well is
' a
les the WiDdiag-UP Act, b 7 which lain, stick=
wound up in bankruptcy, as facts
the court to form • judgment of the ens
it wrexreasotiabiletanto 3 allow
sectionlst him
of
act in
a, raped 61 , 1
hewing borne all the expellees oonnected with the Wismar
of the " old rateter with which he had to deal wider she
former baakraptcy acts. The question involved therefore
was that whereas.xenon" to the act of 1861, the offeill
assignees were by fees in the nature of Grabtat, by
that act they were to be paid by salary. Mam had
emu:elven hiinself eatitled to be remuneratwi for limier
done in the matter of eats
which had come within bls
cognisance before the paining of the set of 1861, and bed
not turned the amount retained by him on tbst foot*
The re
matter was, therefore, brought before the Lord Maw
cello( for the purpose of having it decided whether hr.
Graham was justified in his view of that to which he ms
sunned, and whether or not he was bound to make • Mans
of the whole amount received by him from " old estate.'
It was argued in support of the motion that by the goad
ceder, founded on that enactment of the act of 1861 by
which the official segues, in London were to receives/brims
I of 1,2004 a year, it was provided that this provision applied
to all bunnies ons by them without distinction betimes
eld and new estates, and that they ware bawd to wake
returns of the whole amount of fees received by them him
every kind of estates brought within their purview.
The Attorney-General, Mr.
am. Sargood, and Br. B. It
Miller appeared for the motion ; Sir H. Cairns and*.
Begley for Mr. Grah
The case was tug when our report left.
----