The Express.
London, England, 1849-01-19 00:00:00

THE EXPRESS, FRIDAY EVENING. JANUARY 19, 1849.

COURT OF BANKRUPTCY.—YaernaIsam.
More Mr. conning:am Ocultoura.
Ba Taman —Beim.—The hearing of this OAND wee
INNIMINI by adjournment. The court wee soak ezowd. d
with parties latereeted in sweeps and beldam —llia Honour
said the past is this ease, when raised, -hag ipparaig,
sow as-beth the learned gentlemen by surprise ; and be
wished to %sow if either of the bad anything to add to
whet was the urged ?-31r. Lawrence referred to the ems
et Wareingrj e. Smith," a recent one in the Bristol Court.
when Kr. See Smith,"
Stoseess baA &added that Smith's
which had been opposed es the ground of gaming,
ekeaid be rented. Afterwards be was talus is emention
M the nit of Wareing he applied for hie discharge,
ea the greend that he had Maisel his ertilleate.
The matter went before the Court of Queen's Beath, where
it was contended that the eettificate was meld he.
gandag ; but WT. Judos Brie held that the eartifieste
could set be dietnebed, the mean hada, another
remedy. Upon all the ISM cited, herated, entendeg that Ike
effete, was ogle template the panelist of the Ma kr.
Sash was dearly the fate by byn the Isuldatere, or no spe-
cific sum would have bees named.— The Comeniedoser
Then your view is that if a men ken a bet end hesourably
pays it, he loses kis medicate; but if he does set pay, he
gees his eartiikate P—Mr. Lswranee llsdestmeelly. Tre
kw only has regard is the pecuniary Injury to the beak-
raft's estate ; were it otherwise, the words of the em would
have bees "fretted against making a wager.—The Commis-
sioner : You mast observe that the assignees might recover
the mossy back, if any wager had been paid.—Mr. Law.
rases, at great length, recapitulated the arguments be be.d
anal at the TUNIS sitting.—Kr. Sturgeon cockaded e:nat
shecesetrustloa of the word " lase " ought is follow the
used aseeptatias u established by the code of honour and
the rase of the Jockey Club. The bankrupt law was not
merely a distributive or pecuniary law ; it arse also a
p Hslaw, as was abundantly evident from numerous clauses.
ROWAN said the case was an Paportant one, both as
regarded the beakrnpt aid the public ; kr it was important
that the pablie geserally should be protected soak., such
arneket en the part of bankrupts as might damage their
estates. The question arose on the construction of the 38th
measles of the act 6 t 6 Vic., cap. 122, which said a beak
not 'book' not be entitled to his certificate who had lost
Mt in on. day by betting. The set 6 Geo. IV., from
which this clause was (*pied, entail:ad the words—" by any
sort of rot* or wnering," and in a still older act, that
of On. 1., various kinds of gaming were Ppecilled, Including
booting, which prevented the bankrupt from having
his certificate. It was impossible that the kgis.
inure could have contemplated, by keine, the
actual payment of the money ; for by former statutes
all bete above 101. were Wesel, and if paid,
be seed for and recovered from the party reed in. By
a retest am, 819 Vie. e. 109. s. 18, all aniusets gaming
wore null and void, end maid not be made the bads of any
proceeding at law. Hence, all such transactions were now
null and void; and it was clear the legislature could not
have meant that a party losing a wager of 201. must have
tanned a legal liability to pay it, for there was no such
legal liability. What was meant was this: that a petty in
Made thenbi not gamble, and render himself liable by the
'ode at bosom: to pay a pertain sum of money, or, if he did so,
that he was net a It wen to embark in kite, and ought not
to have his metiiimus. For this there were very good nuns.
Ifs man by betting put Wessell in a position to be called on by
motives of hamar to pay certain sums, this was so far an in-
jury to his creditors; and it was deer the ledelathre meant
to put a stop to the practice. In the cam " i pute New.
man," cited cm the former occasion, the bankrupt hd been a
Wilber on the whole ; but the Vice.Clsaseellor (Sir J.
Lake) severtheless held that it was a gambling within the
His
est. H opinion clearly was that she legislature meant to
preverstgamblicg. Theoppositeview involved 'striking absur-
dity—that it a man lost and paid honourably be lease:eluded
hem his eettificate ; bat if he did sot pay he was to have it !
Suppose a merchant engaged in trade losing a large sum of
mosey; the probability wee he would pay it sooner than be
diegsseed by not being thle to take his place at Tattersall's; he
woad probably raise mosey is all directions ; and the lees,
knee dandy Intended that incha person should not have
tho agenstogo of other traders. With much views as to the
klenfilas ettitelegidatsre, he could not shrink from deck:,
In, Ws opinlem that this was a gambling within the set ; nor
moll be admit *at • man ought to be to a better p. lotion
hem hawing het a wager and sot paid it. Under these
eiroomeloness he same to the eenelmion that the bankrupt
Ilemedel himself to the certificate granted to traders
tinder ether simenestanme, which mart timbre be refs's&
He reined with Mr. Lawrence that the law gam no ap•
peal from his &minx ; but he felt bound bathe less to de-
cide according to Ids oosecientious view of the rosealag of
the act. He understood a bill was in preps:sties to be
brought before the lesialature next session which be loped
would make as &Intrados in this and other respects.
111 GAINS, Coarse, awn Co.—Then was a dividend
mostieg is this case. The bankrupts were merchants, and
failed ler about 14,3001. 21. in the pound has already been
paid, and a farther dividend of ls. 6d. is expected to be de-
clared.

INSOLVENT DEBTORS' COTIRT.
Min Kr. Cksiallikaer law.
IN !A J. T. BTRAIROID.—A PAT!tax.-7:rbis insolvent, a

clerk is the Pest-offies, was opposed by Mr. Cooke, ea •
teener day, is, three treAmess, on the gmtd that their
debts had brie insured without reasosabM mem of pap.
tang them The insolvent came to court attended by •Me
want in a phaeton. He owed about 240 i. among tradeems
in the neighbourhood of likepld's Huh, where he bed
resided, it was stated, as a . sermagma." His
war 701. a year free the Peet-offige, and his wit:aka
1201. allowed bee by Lord Adolphus Fitselaresu.
He had been monied nearly dm yeas, and the
furniture used by hi. in Beigrave Cottage, els
Bash, was the property of Lad Adolphus Fitip.
The allowaase made to ►his wife wara mere gift.
ma
Metes be had used to ems to coon was Lord Adel.
Mem Titosiseenen, although it wee parehased in his nem.
As bed kept beeves, a servant in livery, sad two midden.
He pro peed to pay his anditess is twelve Maths; but re.
tiara • proceed= for Mee desughs.—Mr. Cooke coatended
ibet the laminae sMd phases. dolma as the property of
Led Ailelphss Iftedenome mei b. Men up, and the case
arcs eijmused he a valanden to be sena slit.
Oa Widnes*, Kr. Cooke applied for a warrant to ease
des es es affidavit stating that before the official
Wefts/ ewY mei the insolvent's house to value its eon.
les% a mewed em had been driven up to it and part of the
oasts bad begs actually removed. A warrant was forth-
with booed, and placed in the hands of the peeper officer of
the
Yesterday, one of the brokers attended with his valuation
of the furniture dko , alleged to belong to Lord Adolphus
Pitaelarence. The amount, including a phaeton, tom
2791. 14e. ad.—Thy insolvent said the removal of some Sew
*MN La., whisk bad been lent to his wife, was without his
Icaswittlip. and when ha returned home he immediately
aimedthe m to be brought bask, and they were now en the
posniess. The seen bed seised the property, but he was
slid "Min to mks a proposal to pay his creditors. In
mower M the he stated that he was not aware of the
eniennse of any Wl of sale on the property by Lord
Fitsclannes. Mr. Valiance, of the Iran
of silence and Valance, stated that he had an in.
Maur with Mr. John Nichols, u attorney for Mr.
°mummy, the navy agent of Lord A. Fitsolarenco, sad
it was understood between them that a sufficisat sum would
be paid into court to pay all the creditors In full, so m to pre
sot a sale el the prrodat &lime Cottage, Shepherd's
DM no o gotte. He had n, on the Fat of the creditors, to
sash a souse being , if the coon thought it would be
edvisable.—Mr. Cooke amid, the property seised wee quite
suillekat to pay all the creditors. The debts were about
▪ , and the furniture, de., halms valued at 2791.14 e. Id.,
and was now under the authority of the court. The deadl-
ines had no wish to act harshly, or to sell the property. sad,
=t the better muss would be to adjourn the eve for
days, with protection, in order that the debts might
be paid.—The insolvent said he did not retain home until
tiMerest 12 o'clock as Tuesday night, and be eamed the
he had mentioned to be brought bask.
His Honour told the lagelvest he had acted an the
gemelon in a very proper per. Frogs what they lend
heard it was mato appear that the furniture woe about to
be .moved, but such new appeared not to have been the
tail.—Mr. Ceche laid the value of the furniture mid be
pad into court, sad the creditors paid. He had to epplpialt
costa to be allowed. —His Hamar said the salts weehl be
Awed. He thought the but course woad be to sigmas
the cam for a few days. The creditors wield either b. paid
or some arrangement made. It wee wham tee ersek
expect the whole amount to be paid at me. smi Who might
set m a mediator between the penis, be maid souftest thst
a portion be paid at cues, and the emeisidge es • future ma-
aim. It however the wee intlimmemias to pay all the
medians, then there would no tilMease In as Mae getting
rid of the whole case.—Adjeasesil to the lath Instant with