The Express.
London, England, 1865-03-24 00:00:00

..• .:4
24, 1865•

. .
L
1)1 k& TEII,,LIGENCIL
(TRES DAY.)
L. COURT OF PROBATE AND DIVORCE,.
(Before the Judge Ordiissej.)
sonnaror w. 111111111MMIL-
Tb• Queen's Advocate sad Dr. Brinks for the petitiroof
Mr. fierjeast Tiodal Atkins sod Mr. Kemp, for the re.
spendent.
This was • nit for • ludkdal separation on the wend of
orieltairaThe respondent *odd a &KAN& and pro,
sad shot the pe had without just ealteih%
hies op elands what.
The parties were married in 107, the petitioner beim' Ilse
daughter of Mr. Marks Treadwidl, the Inistenies et the
Bramble Nom fff.bookln Yorkshire, and the respoodoot
beim in the hop Wade. Th had four children, sod they
lived together till August Inet, when the violence of the re-
wordlist readileedossizeration nermarry. TllO ones had
not. lionswer, fur before the Judge °awry sug
gested that it was one that it would be far holier to Bettie
by • private ansegenteat.
The jury WY therefore discharged without Irvin • wor-
dier', sod tie petitios was digested to seend over till a fur-
ther application should be made to Ills sears

COURT OF BANKRUPTCY.
(Before Mr. Ocenadwinsr Habeyd.)
sternstrar.—arnicatron cos MUM.
The bankrupt, late a solicitor, in Old Itreadatesel, lad
dead largely ia shame of the Hew Theatre Company, sad
other shares. Hie order at discharge was suspended for
twelve mouths, cad protect:km glen for three mouths,
which having expired, the baskrapi bad been arrested, and
now applied for kie rehash
Mr. Reed opposed the mimeo sa behalf of Mr. Straw-
bridp, stockbroker, Oostiball.awrt. He submitted that
the owe was one of sack gretity that the prietedens =gbh
not S. be renewed. The ardor dawkarWs had Wes s.
waded for twelve mouths and prelim*. glees tor awe
months.
His Honour said that having already adjudicated on the
case be should not gel into the merits again.
Mr. Reed mad that dare the binkru‘as before the
court information had tome to the lie= of Mr. Brown,
au opposing creditor, that be had not dtielosed his
estate, In is far as related to certain shares the Midland
Bank, of which the bankrupt was promote; sad • share-
holder. It appeared that at the time of the haakruptry be
was the bolder of 1,000 shares in the bank, the whole of
=eke were transferred and disposed of by him afterward'.
He had therefore passed on false wootaats, sad it was the
intention of the creditors to apply for • reheating of the
order of diadems,.
After hearing Mr. Lawmen for the losakrupt, who con-
tended that the transfer of shams was a matter resting
with the purchaser,
His ROOM: said there must be s distinct applioation for
• rehearing, supported by edidavita as to the time and cir-
cumstances of the treader of sham. Though there might
be a question pending regarding the propriety ol panther
protection, it did not at all follow that the bank.
rapt should be kept in prison the whole id the
time. He ought at to have protection until
that question was disposed of. As fez as the court
could collect, there was DO evidence of the bank-
rupt's intention to abscond, or steps would be takes to pre-
vent it. The right course would be, to give him protec-
tion for • reasonable time, within which the application
for re-bearing might be made and dispossd of.
Mr. LIMON asked that six weeks' protection might be
gisae.
Hr amoar sweated.
Mr. Lawrence thee applied for the bankrupt's release from
Yr. Led contended that the 112th section el the Bank-
ruptcy Oeneolidatiou Act did aot apply to a case like this,
where the baakrept was ia =stray by his own default,
through not basg made application for • removal of the
protection. That section on referred to meows Just made
bankrupt, who bad applied for mid obtained protactiou.
Mr. Levitate, on the other band, contended that the
110th melon was expressly meant to meet such a case as
this.
His Hower, after referring to the ease of Smith v. Smith,
meetly derided by the Lord Chancellor, said that under
sll the etrournetroom the best coarse for the court to adopt
at present would be to leave the bankrupt to make appli-
cation to the court (the Exchequer) out of which the pro-
cess bad hosed.
Mr. Lawratree—l feel quite certain that that wart will
not interfere.
Mr. Reed—Then you can take the opinion of the Lord
Chaneeller.
His Honour mid it appearedto him that the operation
of the 112th section was limited to one instance of the
kind to which it referred. If • bankrupt who bad our-
rendered and obtaloed protection was is custody, he
might be released ; but here that state of things
had amerced two years ago.; the bankrupt env
readers& and obtained revieetioe, acid bad he been in
prison at the time the court might have rebound him at
=ow Were the oonstruedon put upou the motion by
Mr. Lawrence the right owe, the wine thing might on
any number of times. The =attrition could only be
properly entertatred by • piped«. court. Under those air-
eninatanor• be skald leave the debtor to apply to the court
out of which the pree issued.
Application refused.