The Express.
London, England, 1862-06-03 00:00:00

BAIL COITIC.—Juaz 2.

Sittings at Nisi Prins at Wentnasater.—(Before lir. Justice
Heller and a Common Jury.)
TINNANT e. DANZHARS AND °THEM
This was an action to recover the amount of certain tolls
for goods, he., carried on • amid in South Wales. Ansompt
other pima was one of • set cdf.
Mr. Karalake, Q.C., and Kr. Prentice were' conand for
the plaintiff ; Mr. Chambers, Q.C., lir. Lush, Q.C., and
Mr. -Raymond were counsel for the defendants.
The learned Judie =WNW • reference as the beet mode
of disposing of this ore, but the learned counsel after con-
ferring together said the cue must go on. The case accord-
ingly proceeded, and a number of lasses, agreements, doca-
meats, &c., were put in, when the jury interposed and
asked the learned counsel to come to the question for their
determination, became they did not understaixi what was
Noiai".
The learned Judge said he supposed it was necessary to
putin the documentary evidence, sod they must take it for
greeted that the learned counsel, who were gentlemen of
eminence at the bar, would not overload the case. Hs
confcesed he was as much in the dark then as the jury.
(Laughter.)
Mr. Prentice said the action was tried by direction of the

Vke-Obancehor.
The learned Judge asked why the Court of Chancery did
not try the ems ander the powas lately granted to them ?
Mr. Chambers observed that they only tried the gamy
causes in Chancery. (Langlater.)
The learned Judge add it was very bard on the Common
JAW courts that they should have to try these causes. He
wished the Chancery courts would try them.
It was ultimately arranged that the verdict should be
entered for the plaintiff, with liberty to the defendants to
move the court above to enter the verdict for them, or to
reduce the claim.
Verdict accordingly.

COURT OF COMMON PLRAR—Junn 2.
Sittings in Banco.--(Bdon Lord Chief Justice Brie, and
Justices Williams, Willis, mid BAIL/
BIttiPHARD r. TAUS *VD orazan—szoornaree
The plaintiff was mister of the Aztlidemoarf Oast of
Colchester, and the dodendente were ChligaiWildlDS of a
parish within that archdescoary. It was the enema to
hold two visitations in every year, at which the church•
madam made presentments ; sad the piwition Dow raised
for the court was, whitlow the registrar was mtitied
to recover fees from the therckwardem i Tomect of such
visitations. Themes was argued soma rsasebn ago.
Hr. Junkies Wilke now &livered mast
Tits OM.
!mad that the °See wee- • freeload offies, sod
that it existence was IMIO to the perkeminse of some
of the fmetioes of the arebdeame. The ados of the pay.
mentor did sot appear, bat it seemed that some fees were
paid in the sixteeath oratury.and that deringthe eighteenth
watery the toms paid than doss sew aimed,
the amoun baring been mind is 1801 and 1841. 11 was
contandedt that this variance vitiated the claim, but
to render a fee valid it was not Deemery that it
should be fixed in anactint, for it was enflcisat if
it was rtawoable amount, which they should mr
same if any claim could be sustaioed in point of law.
It had bees the uniform predicts of the churchwardens to
pay for more than a owitury, and they had paid the fees I
even whim from inseam or other mum they failed to 'Weed
the visitation. His lordship after going m detail through
the argument which hod been wed by COUD•elr maid Unit
the court thought that none of the objections raised to the
feet ought to be allowed. There had been • continuous
payment of fees for so long • period that they ought tome
sums immenoriality ; the plaintiff had made out • legal
right to receive Um fen, and the judgment of the court
must be for him.
Judgment fur the plaintiff.
11111 Der DAY.
The courts of Queen's Bench, Common Pleas, and Es.
chequer will not sit at NW Prins on Wednesday (to-morrow),
Derby-day.

COURT OF BANKRUPTCY.--June 2.
(Before Mr. Oommissioaer GoGibers.)
IN RE COOL AND OBIENWOOD.-4cDoKwr.
The bankrupts were wine-nierchaets, of Mark-lane.
Their application foe certificate was beard at two previous
sittings.
His Honour now gave judgment. He said that the awe
had been before the court upwards of a twelvemonth, and
though he had every inclination to great the bankrupt'
their certificates, the circumstance, of the aue were such
that he could not dose with justice. Cook one of the
bankrupts, bad failed Mime, pay* nu dividend. He had
then Jared Greenwood, and they had gone into the wipe
trade with a very imidNeate capital 187/. It
was true their relatives had lent them 3,5001.:
and when persons thus started with a sham
capital, the results were most mischievous to the
creditors ; for in estimating their debts, the traders
invariably omitted those due to relations ; and the persons
with whom they dealt, looking at the magnitude of their
transactions, summed that they were trading on booth-fide
capital. These faintly debts were never thought of till it
came to bankruptcy, and then the claims were enforced to
the prejudice of the other creditors. Starting with &cachalot
18111., these men had aimed in transactions of upwards of
100,0001. The court hid never known so huge a Wrist
reared on so frail a foundation. They now owed 19,0001.
to creditors chiefly unsecured : their assets had yielded
3,1411. Their grois profits (in two years and four months)
had been only 1874 while their trade expenses,
losses, drawings, and bad debts, were upwards of 8,0001.
There was one favourable feature in the case—the books
had been well kept ; but it was thence argued with justice
that the bankrupts must have been aware of their desperate
position, and ought not to have gone on contracting debts.
Had the case rested on those general features the omit
would have thought that jostles was satiated by the bank-
rupts baying already been • keg period without their oar-
titeis. Unfortunately, it did not rest there. At • time
when they could not have had the least associable oe pro-
bable ground or expectation of being able to pay for the
goods, they had ordered about 1,0001. worth of Weedy from
the house of Bellot and Co., of Cognac, and very shortly
betore their bankruptcy they had pledged the warrants for
those goods, and obtained as advisee on them. In the
judgment of the court this was • gross fraud. The bank-
rupts' had ordered these goods when they must have known
that they were 7,0001. or 8,0001 behind, and had scarcely
anything to give their adhere. They must be hike": to
have intended the necessary consequence of their own acts.
The Viet section of the new act was expressly pointed
against this offence of pawning goods, and made it a misde-
meanour ; but the court had to deal with this COM under
the old act, aid tor this offenos the certifitotee would be
suspended and the protection refused. It appeared
from Mr. Lithlater's examination of the bankrupt Cook
that the trading had been disastrous from the first. They
had lost in the first six months, and had pone oe 's
worse and worse every half-year, all the time taking=
periodically and well-knowing their position. It was said that
Mr. Ballot's agent bad solicited the order, but what differ-
ewe could that make! A man was not to be cheated be-
cause he sent round travellers or circulars. The practice
was very common. Householders were inundated with cir-
colas, especially in the wine trade ; an article was offered
as low u 20s. a dozen, which probably could only be taken
as medicine—(laughter)—lust Chop* desists were not to be
cheated out of their money on Qatar:count. Anotherserious
charge was brought against the bankrupts by Mr. Bedell,
of the firm of Heeding and Bedell. lie bad been
exceedingly kind to these bankrupts.bad volunteered
to lend them money when they were in difficulties, on
condition of having handed over to him certain secu-
rities. This they bad failed to do, sod had been guilty
of gross and wilful untruths, which Dearly approached to
fraud. Such conduct was the more reprehensible as tending
to sap that conlideoce which induced persons of wealth to
lend timely assistance to deopervieg men who were struggling
with difficulties. Many each men in the at of Loudon
had been saved from ruin by • small lean,—the luda
their word for their hood. Towards the close, Mr.
did obtain some security ; but it was afterwards taken from
him by the verdict of • jury, given au the evidence
of one of the bankrupts, who swore that ke
had only banded certain warrants to Mr. Bedell to
bold in trait for the other creditors. He (the otheoissioner)
had bees 47 year, at the bar, and it was the first time is his
egotism* lie had beard of snob • this& To MOM.
Mumble, ad Co. the bankrupts had also told • gross untruth.
Their audit with that firm was limited to 1,7001. ; they
ordered goods Wood that amount which were only dell-
vendee the undertaideg of the leaknopte to hand bask
warrants for Id batted diary, seas to redoes the anmenred
debt within the agreed limit. They resorted to • wise al
'miaow is this matter we were little sheet of tread.
Under throe circuneteame the swan, with VIM
Mane to the conclusion thattheerallostesommthe
forairinonthared twenty-tee days framthatilate.
would be Ow for twenty-scan days to easkie hanitemple.
if so advised, to take the opinion al the Leeds Julien.
Then the protect ion would be nilhield lee sin memilm. The
sertidnites would bed the third elms.
Ms. Hallams appssted for the amidame Rt. arldithl mid
lfr leeklater far opposing orsiiihme; and Mr. LIWNISIND
and Kr. C. E. Lewis tor the %Amis.