The Express.
London, England, 1865-04-28 00:00:00

No pecuniary obligati*" bad been created or
this entry in the teak book.
The Lord Chief Julies said it was the duty of the psi.
weer to pay, daily, ortala moneys isto the eaten of the
bank. instead of which he shateacted a portico of It
thee, with a view of shoats,' that his pecuniary o
tioe to pay in WM &absurd, ha made sa entry which
bad the -attest of rentesseting aat he lad dose se. Bow
amid it be said thaibe bed not by that means made • peen.
Wary oblipt!oe appear to be discharged ?
Mr. N'Yelion said that whether tans or false there was
no pecuniary email or obligation existing.
The Lord Chief Justice said there wee that of
in the money which he represented was discharged paying
o
anir y.
Mr. Whishon contended that the entry must be is the
banks of amounts really passing between the bank and the
customers. The learned counsel then oontended, that by
the extradition treaty the person claimed to be given up
met have committed the offence of forgery as known by
the laws of this ountry, and as used in the extradition
treaty.
Mr. Z. G. Clarke followed on the name aide.
Mr. ()Ward contended that the Duties of the New
Yak state statute embraced two sets of books which
might be made the subject of forgery—the books kept by
the bank, and the books which passed between the bank
and its customers. There was proof by affidavits, 143.,
that this was a monied corporation, and he then came to
the substantial question whether or not this was forgery
within the meaning of the word as used in the extradition
act, and be contended it was according to the laws of both
countries. The book showed, or purported to show Sheeran
of the bank at the time the entry was made, and although
the most familiar kind of forgery was a counterfeit docu-
went is the name of another person, this was also forgery.
The Lord Chief Justice not the moat familiar kind of
forgery. the only kind of forgery
lir. Giffard said it wee not, and he quoted a case in sop-
Fort of his proposition. This book was not only an account
or check of the bank on its own clerk, but it was a statement
by the bank of the amount in their coders, nod it might
be used against them for that purpose.
The Lord Chief Justice mid it was not made for that

Ist MO
ma W. ea& behal el f Xs 011sbes. it was igiessaid
take Obi.

I% it JUDE MALL..

Tie bankrupt Wlll a buitast in es extensive tray of bad
nen, la Addison•road Keneingtos. Thu wee the sitting
for examination sad rge. The amounts, wbieh are in
mime of preparation by Maim Hut Brother, bete not
yet been sled, and will make some teethes Mese for their
esimplablea. The uneesared debts are estimated at
112,0001., sad there is besides due to creditors bolding
annuity 182,0001. The property bold by those aeditore
aerials el beam and land at Kensington, Notting-bill, and
lite neighbourhood.
Asi adjournment was taken, without discussion, until the
2Dtb of Jose.

(Before Mr. Commiuioner Goo Man.)
Dr RR J. B. TNIPP.—TILZ INGLUNI BENZ IN rum.

This was an adjourned sitting for examination and dis-
charge. The bankrupt, Jocularly a abare-broker in the Oily,
hod skies traded as the Eagle& Hank in Paris. The saw
was recently before the recut on an application for the bank.
raft to pass his examination under a former bankruptcy is
I/357, when his Honour rstriaod to allow him togdo so. Ha
has Maw appealed to the Lord Chancellor, and obtained a
mend of the order of this court. Au adjournment was
new asked, in order that the bankrupt might hare a day
awned for pietist under his former bankruptcy ; and the
case was adjourned aooordingly.
Mr. Linklator asked that the bankrupt should be directed
to Ale goods and cash accounts, which was ordered.
Mr. E. Reed appeared for the assignees, and Mr. flargood
for the bankrupt. The debts ars mud to be upwards
of 12,0004

The bankrupt was a marchant's clerk, residing at Lewis- ;
ham. This was the sittieg for examination and diaobarge. II
OM of liabilities of 2,4001. wen in respect of shares M
I. the Humber Ironworks and iihipbuilding Company. 11
There was no opposition. 1(
Mr. Reed, for the bankrupt, who is only 23 years of age, sc
urged his youth in excuse.
His Honour, telling the bankrupt he bad sated very M
foolishly, graded the order. 60
- -

rirrniffard urged that the retry was an exams of the
clerk's authority.
The Lord Chief Justine said there was an evidence of
that. This was not • book that passed between the hank
and its customers, but • private book of the bank.
Mr. Justine Blackburn said that it might be used against
the bank the same as • merchant's ledger could be
used against him. It was going too far to say that a
cashier making a false entry fur • fraudulent purpose was
guilty of forgery.
The Lord Chief Justice said enterlog a loss sum than
had been received was clearly embezzlement, and was not
this an analogous cam
Mr. Chilled then proceeded to argue that offences against
the statutes of individual states came within the extradi
tion treaty act, and that no other definition could be given
to this offence than forgery.
Mr. Justice Blackburn said it was not what any natio&
agreed to all • certain offence twat made it so. The sot
must be such in itself, and he had always understood (emery
to be the false making of an iostiument, and not malnag an
instrument tell • falsehood. The New York statute bad
made this a certain crime after conviction,
i viz., that the '
party offending should be guilty of forgery n the third
degree, whereas what was meant was that a person found
guilty of this offence should be punished NI if found guilty
of forgery.
The Lord Chief Justice said the course of proceeding in
foreign countries was daerent to this country, and in
making our extradition treaties care was taken that the
prime facie proof of the crime should be according to the
laws of evidence which we recognised in our coma of pro-
cedure.
Mr. Poland won also heard on the lame side.
The Lord Chief Justice said the court was celled upon to
put • construction upon the statute relating to the extradi-
tion or surrender of criminals having committed rifeness
within the jurisdiction of the UnitedStaies who were found Is
this country, their surrender being demanded on the part
of the American government. The offences to which the
statute applied ware enumerated in it, and amongst other
the caeca of forgery wee specified. In this particular in-
stance it appeared that he had been guilty of making a fries
entry in abook kept by a monied corporation in New York,
in which it was his duty to keep an account of the mosey
received by him as an officer of the hank, and the manner
in which be disposed of it. No doubt the entry
wes false, and made for • fraudulent purpose,
but he thought it was quite clear that according to the
common and statute law of this country, the offence in ques-
tion would not have amounted to the crime of forgery, and
he must take it, there being
i nothing toshow to the contrary,,
that by the laws of America taken n the aggregate (which
civilly and criminally corresponds with theta this country),
this would no more amount to forgery there than is
does hare, and that consequently it was only by
the act of the local legislature of New York that
this Follicular offence was made to be forgery. The
question, therefore, the court had to determine was,
whether or not this offence amounts to forgery by the gene-
renews of the United Stets sod Ensland, and if not, whe-
ther the local legislatureof New York having constituted
this offence to be forgery, was sufficient to bring the case
within the statute and the call upon the English goveru-
merit to deliver up this American citizen to the New York
authorities. lie was of opinion it was not, and he thought
the only true construction to put on the extraditioa statute
was, that as in the statute offences were specified, in respect
of which criminals should be surrendered by the respective
states, it must be taken to apply to offences only which
have some common element in the legislative laws of the
two countries, and that did not exist here. The prisoner
must therefore be discharged from cluitody so far as the
criminal process against him war concerned.
The other learned judges °occurred.

(Before Mr. Registrar Winslow, as COMMissiOtler.)
Lti BB BUBTARD.—TIIi UNITY BANK.

-
The bankrupt, C. Buziyard, den:6W as a winched sad
bill-broker, of Bucklersbury, was one of the mu:biota of the u
celebrated Unity Beek. whose affairs have recently been so tit
much before the public. Thu wee the sitting for examine- et
lion and dealers* ; but the amounts had not been tiled. la
Mr. Chidley, for the assignees, stated that there had been LI
no negligence** the part of the bankrupt, the acoounts SI
being already prepared. tq
Au adjournment for a mouth was ordered. The liabilities u
are said to be heavy at present, but many of them, in the it
shape of current Mils, are expected to run off.
11

iii
No
no
2

if. I'll

GRAND TRUNK RAILWAY OF CANADA.

After the Chairman's speech yesterday,
Mr. 9roess expressed dissatisfaction at not rereivieg •
cash dividend, sad suggested that the fares and freight
should be increased ln proportion to the depredation in E
American currency. The ion during the year in the ex- r
change of currency was 156,0001.
A SWOIIOEOEII complunentod the board upon the
'Puniness of the policy they were pursuing, in speeding
money upon the improvement of the railway rather than ,
fa wading popularity by paying • dividend.
A long disanasion eoau 6, in the course of which mewl
questions were asked.
The CHAIELMLII, in reply, stated that the anxiety of the
board in reference to the non-payment of dividend wm i
quite as great as the disappointment to the preference
holders ; they had done all they could, but were unable to
control political events. With regard to meeting the de-
"„;
predation in the currency by increasing the rates of freight
and farm, they must do one of two things—either refuse m
the through traffic or endure the evil mild the political it
difficulties were over. And they were obliged to endure it,
because they had to compete with certain through lines 9
which worked at • tariff fixed by government when the
dollar was at par. In some of the Staten they were 14
agitating to increase the charge in proportion
to the depreciation, and hope* Are held out in New York m
that this would be done ; but people said another month or II
two will probably see the end of the whole difficulty, and 11
for so short • time it is scarcely worth while to Wise/ re !!„
with the whole system of railway legislation. The directors V
had invested • portion of the American money in the pur-
chase of Portland bonda, to avoid the loss on commienoo, ti
but they could not buy more without providing further 11
capital, and they considered it more advisable to submit to 11
the loss on the currency than to run the possible deli of 11
depreciating the whole of the compaoy's securities. The
less on currency stated in the report, 78,0001 was limited a
to the taking of the half year; there was no accumulation of ei
arrears. Re was glad to say that the looal traffic was ins-
proving more than the through traffic, so that the
increase of receipts was principally in undepreciated „!
currency, and they paid working and other expenses ;
on that part of the railway that was within the
States in the American money they received. In 1
answer to • remark from her. Fade', he added that M
if a proposition were made to them from the Great It
Western of Canada for the adoption of the "one 9,
purse" system it would be duly considered, as would any
other proposition having for OA object the premotioe
of harmonious working between the two companies.
As to charging part of the renewals to the suspense II
amount. his own view had been to charge the
whole to revenue, but it was thought unfair to the 8,
bondholders to swamp their dividends by what was a
an excessive sod exceptional outlay, and, therefore, it was
proposed to charge • portion of the expense to a suspense
amount. But the neck of the qualities wee now broken,
for Mr. Bridges told him that they would not require
70,000/. a-year for this purpose in future. As to working
the line at 53 or tit per cent., as one shareholder (Mr. Adams) _
had suggested, he explained that the ordinary working ex•
penes re now only 56.55 per cent., and it was not pm-
sible to work railways in • country like Canada at the same
rate as in this country. They had already received 10,0001.
from the Canadian Government under the new postal
arrangement.
The motion was put and carried unanimously. The
auditors were melsoted.
Mr. FILM proposed • resolution to the effect that this
meeting of holders of property which has been much pro-
tected by the laws and institutions of the United States ex-
presses its horror and detestation at the crime of amessina-
tion by which the life of President Linoola bas been semi-
fised and that of Mr. Seward placed in imminent danger,
and records its conviction that a grievous loss has been
thereby occasioned not only to the United States, but to
the civilised world at large.
This was seconded by Mr. Casimir, and carried wrathn
moasly in solemn silence.
The meeting was then made special, and Messrs. Baring,
Glyn, Bridges, and Young, were re-elected directors.
Mr. BRIDGEB returned thanks, and availed himself of the
opportunity to speak of the improved prospect' of the
railway. The local traffic was largely increasing, and he
believed that if the proposed confederation of the British
North American colonies were carried on, it must be most
advantageous.

toil Ter

ii 1
II 1
1. 1011
I. 100
I. 100

COURT OF BANKRUPTCY..—APRIL 27.
(Before Mr. Commissioner Holroyd.)

!1,001),
10,0001
10,000
$O,OOO
10,000
100,000
40,000
90,000
11,300

IN Ni BIN JANES JOHN BANDOLL NACLENZIN, BART.

The bankrupt was described as formerly of Seatwell,
Ross-shire, N. 8.. afterwards of Claridge's Hotel, and of
Barton-street, Easton-square. This was an adjourned
sitting for examination and discharge. The moan* pre-
by Mr. & an fiery, show aggregate liability of
pre-
pared
,6641.; but of this amount credited ler 7,3771. only are
without security of some kind. The good debts are returned
at 10,T.191.; property given up, 12,9261.,• ditto held as secu-
rity, 148,4004 nix property consistsclaiedy of estatee in Scot-
land. The largest creditor is the Norwich Union Insurance
Oompany,whose debt of 100,000/. is secured by mortgages
on the bankrupt's estate. alarm of 33,786/. is due to the
executors of the late Earl Fitz willbro, who hold a similar
security; and 27,5001. to the North British Mercantile In-
surance Company, secured in the same way. The largest
unsecured creditor is Mr. R. Mackenzie, of Dingwall, 7071.
To Messrs. Redpsth and Meaning, tailors, of New Bond-
street, a sum of 3241. is due. The bankrupt Mates his ex-
pediters at 2,5001. a year for the two years preceding the
bankruptcy.
Mr. Bagley, on behalf of the present Earl Fitzwilliam
and his brother, executors of the late earl, asked that they
should be allowed to pat a claim on the proceedings for the
amount of the debt, 33,7004, for which a judgment bad
been obtained by the late earl. It was supposed that this
debt wee secured by mortgage on the bankrupt's estate at
Rosehaugh ; but it appeared that there were previous
mortgages, and proceeding' were now going on in the
Scotch courts to settle the rights of the respective mort-
gagee. At present it was impossible to say whether the
security held by the executors would proved any value or
not ; and on this ground it was asked that a claim for that
amount might be put on the proceedings.
Mr. Sargood, for the assignees, opposed the application.
The mortgage held by the executors ought either to be
realised or relinquished. At present there was no evidence
before the court to warrant the tying up the dividend by
putting a claim on the proceedings for 30,0001.
His Honour waa of opinion that the claim ought to be
admitted, on the affidavit of the solicitor to the executors
of the probable ialufficiency of the security. If the matter
wee likely to be determined shortly, it would be well far the
dividend to stand over.
Mr. Edwards, the official aerignee, stated that the debt of
Mrol. was admitted by the bankrupt in hie balanimsbeet.
. Bagley preferred a similar claim on behalf of a cre-
ditor named Brown, who had advanced the bankrupt
5,0001. on similar security.
Mr. Sargood mid se this claim stood on the same footing
he would not oppose it.
Claim admitted.

/WO
MOO
MOO
*ON

-I.ljoi
16,600
10,?00

iv;:iiol

id. 6050
so,ooo
smo?

ifaila
40,000
80010
10,000

46,400,

Mr. Sargood, after referring to the leading features of
the earonete, said that there would probably be • deficiency
el 70,0001. The mere magnitude of the amounts rendered
an adjournment necessary for their examination by the
assignees who were now in communication with the trustees
of the estate.
Mr. lawman% for the bankrupt, said that the assignees
had already bad two months to examine the accounts. The
bankrupt had been before the court seven months. At fint
lie supposed that his estate wouldaser a surplus ; but the
mortgages. having insisted on the property in one
lot, though it wee worth 2000001., it had fetched • much
smaller amount. The court had before it the certificate of
the aocountant, Mr. &Hwy, that the accounts were full
and satisfactory. A life interest in • bond, valued by Sir
Sams at 6,0001., had bees sold by the assignees for 2,50 W.
The bankrupt had given up all his property, and had been
assiduous in his attendance on the assignees.
Mr. Sargood said that the debton returned as good, to
the amount of 10,000/., were three in number, me of whom,
Mum. Sharp, aolieitors to the trustees, denied that •
shilling was due from them ; and the assignees ought to
have time to inquire into those matters. The adjournment
waii asked without any imputation on the bankrupt. and
solely for the plumes of investigating the amounts.
His Honour allied what bad bees doing during the last
two months ?

The foundation stone of an additional wing to
the Royal South Hanle Infirmary wee laid on Monday,
It is to be erected in memory of the late Colonel Eyre
Crabb, a great benefactor to that institution.
Cov sem or LAw RISPORTINO.—There is no
authority whatever far the statement that the judges have
mpremed any disapproval of the scheme of the Bar Com-
mittee. The representation of a contemporary, quoted is
oar columns a few days since, is therefore inaccurate.
Tax Cess or Da. PErrcnenn.—The mysterious
amp of poisoning against Dr. Pritchard has become still
further oomplioated. The Glaapow Herald publish, a state-
ment to theeffect that Dr. Penny's analysis has disclosed the
preseooe of a new poisoo, one of the properties of which is
to conceal the tram of antimony in the body, while at the
same time it assists that poison in its deadly work. The
Herald deems it premiere to divulge the name of this
new poison, but the description given of its properties and
effects Deems to lead to the conolurion that mercury is
meant. It kr Probable that this discovery will neeassitate
the postponement of Dr. Pritthard's trial for some time.
ACADEMIES AND ERNIE llSL—Voltaire is the
most finished writer to whom France has given birth.
What did the French Academy do for him! Why, when
he competed for a prize offered for the best poem, the
academy of his day adjudged the prize to a postaater who
had strung together some lines about " The Frozen and the
Burning Pole. Of amuse, as soon as Voltaire had become
famous he was elected a member of the body that could see
no
merit in his poem. There is • more recent example of
the manner in which the French Inefftute rewards the pos-
sessor of we tales, it had to award a prize for the best
literary work of the year. The " History of English Lite-
rature," by IL Tains, was reported by the committee as
alone worth of reward. In the eyes of the ecelesiartical
members of the Institute that history was tainted with
heresy. Hence they voted for the second-rate but orthodox
work of a mooed-rate writer. Their votes turned the sale,
and the second-rate book was declared to merit the prize.
Herein it is that the influence of academies is nernittiovs.
Works are judged, not according to their merits as works
of art or of literature. but as sintributions towards support-
ing • set of individual opinions, or as illustrations of certain
coeveational praofiess.—The Reader.
MOURNING Cusrows or nu Ausrsiusw
AEoal-
onme.—lt new that black gins go into mourning for the
deceased kumbeada, in fashion that ban a striking resem-
bles, to that adopted by bereaved wives in Christian coun-
tries. They wear, Is hat, • widow's cap of peculiar con.
'traction, sad two well preserved specimens of this singular
coiffure have been obtained. It is made partly of rags and
partly of gypsum ; the rags being bound round the head,
I and the gypsum (mixed up into • paste) being plastered
over to • thickaer of two or three inekam—Monat Akron-
-1 der Unit.
A great eurioeitr,in the shape of an antique metal
bell, balloon exhibited is New Zeilsnd,and which was in the
Interior of the North Wend la 1836. No math implement
was ever made or used by the Maoris. - nod
loathe question
WINS, when, did it come? Then is an upon it,
which the owner cells Javanese. It is y Tomei. •
limgual, which boa been movies from to place aher-
keg min • taunt wow fat pasistiosa—lfro
,

$7"
40.090
600300

iil
9.vio;

i:29.170:000(76000mi
Aso
2!,ase

10000 io
itkooot
tom vs
io,ooo, too
31,500 s
*OOO
so

Yes. Baird maid that the arguer had been is ociesteat
communication with lb. Sharpy r solicitor fat the terra ;
but the requirte accounts had not yet been rendered.
Hie Herr said it wee material that the writers should
have time to roarer whether Were was really a debt of
10,0021. doe to the estate, or whether the balance woe time
other way. The adjournecest would be made without any
impartial os the bemakrupt.
Mr. Lawman, asked that the adjoarament should be only
fors month, and said that at the neat &Mum he should
air evidence of due diligence having been used by the
Adjourned to the 2nd of June.
abigisy proposed to put ea Was prow:Bap a claim;

• r
qXt•lt-&§, :#lll6.ilr t8;1

Bil I.IBM--(71118 DAY.)

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