The Express.
London, England, 1865-03-20 00:00:00

LAW INTELLIGENCE.

MNYROPOLTTAN COUNTY OOTJETS.
taigas dare acoolated ter the meant west)
Avila' —TMeW, Nana ;
day, all :
MAIIITLI/0114 lebons-road.—Tueeday, March 21 . Wed-
sudsy, 22 Friday, 2a.
czaourmnrzu„ Desosn-tarreor.—Tosedaz, Match Wednes-
day, n roday, x.
Baoaancoz, Otdaireakawi—raoaday, March 21:
day: IS.
Bow, Bow-road.—Monday. March 20 : Yriday, 22.
Wurramarm, Great Priesett4Mest.—Wedseeday, March 2!:
Thursday, M ; Friday, fa.
BorniWkaa, Swan•etzeet —Tuesday, March Mt Tharaday,
M. Friday, 26.
LAMBITH, Camberwell-orwroad.—Tamday, March rt.
WANnelroarit, acutheareet.—Tharadm. MarM
CUT OP LOOIDOU. Oulldhall-but/Map.—Themsday. March U.

EQUITY COURTS.—MARcs 1&
(Before the Lord Cheapener.)

Ix PART, 01110111.-12 PA77IOL—AUITIALIAII AND KNOLlia

Mr. Sergood append to support an appeal assist ea
order of Mr. Commissioner Andrews, at Easter, by which
he granted the bankrupt's discharge after a enspeasion of
egh.2.mouths. It apposed that Pail& the bankrupt,a
m t, had residedtar 19 years at Eljdoey, New South
Wales. la 1847 he married a lady pommel of property in
her own right. white was settled on her by a pest-nuptial
settlement. I. April, 1860, his estates were emasstered
under the Insolvency Acts of the °Dimly. on the petition of
creditors, and ruelised le. 6d. in the paned ce debts amount.
ing to about 4,8001. In 1861 application was made for his
artifices of discharge, which was ultimately refused, but ia
the interval he left the coley, and bed since resided la this
gauntry, out of the previous juriediation, and awaylfirom his
median. He we sued in this country by Mr. Gene, coca of
his colonial creditors, and a judgmentobtained sesame him for
1731. 12e, which had been proved under his bankruptcy in
Sydey. Upon this he filed • petition in the bankruptcy
court of Emig, and the order appealed against was
the commies', having list postponed his decision nor
each time as the fact of his having petitioned is this country
bad been advertised in the colony. The whole of the estate
which had been realised on debts, Australian end Estelle,
al Beebe 11000/., was 441. the proceeds of a said a oar.
digs. Th. question wee whether by a woad bankruptcy
an uscertificated bankrupt in a colosy could get rid of
debts retracted in that country as well as is this. It was
signed that such second bankruptcy could be allowed while
the first was subsisting. and that the petition in this country
could not operate as agaist the ookmial wetter*. The
operatioa of the Australian adjudication was to vest all the
=riy of the bankrupt, and all that be might acquire
le discharge, in his aseignees, end it wee osateded
that if he acquired property in this country the edgese
could come from Australia and appropriate it.
The lad Chancellor said that if the Australian debts
were provable IS this country the suspension of discharge
should have bee indefinite. He called as Mr. Bagley, far
the bankrupt, to show whether, if the outilloate had been
refused in Sydney, that was • good reason why the bank-
rupt should be discherged.
Mr. Bagley mewed that Mr. Gibson was • creditor in Sydney,
end should have gone in for his share of the bankrupt's
assets there. He could not have brought an motion for his
debt in Sydney, but be could in Eaglet& sad bevies oh'
tamed a judgmest could have Imprisoned the therm*
whose only means of release was by petitioning the Court
of Bankruptcy in this country, The bankruptcy conducted
Dade coked law would be so bar to the debts of coeditor*
or the debtor himself in this country end the latter had
a right to avail himself of the English' bankrupt law. He
did not leave the coley till his estate had been distributed
there : hi insolvency taking piece in April 1861, be did not
leave for reeled till July 111G2. Even it there were two
English bankruptcies they could subsist together ; and
a fortiori, this was the case with a colonial and English
hankruptey.
Mr. W. W. Kardake, for the assignece, concerted In the
order of the court below.

—FieLord Chancellor said that he would enlarge the
time for the suspession of the order of discharge from eight
to twelve months, in order to obtain farther information ;
with regard to any probable future state of the bankrupt.
Nothing could be of more evil example or mischievous in It.
ecessquemes. if he gave the slightest encouragement to the
coarse which had been here pursued. The bankrupt being
domiciled in Australis applied for his affiliate there,
which wee refused, sod being so fortunate as to be married to
• wife with separate property be came to this country, sad
being pursued. and rightfully pursued, by one of 'genitalia!
creditors, he endeavoured by a misapplication of the law of
bankruptcy to accomplish here that which be failed to do at
Sydney, a discharge from his debts. it was impossible
to oinesim • is.. of greater perversion of the law of bank-
ruptcy, and be (the Lord Chancellor) would not sestet in
making this country ea asylum for debtors coming hither
from their place of domicile to avoid their ereditora He was
tumble technically to annul the adjudicatioe, whichhe other.
wise would sot have hesitated to do; but sot dedring that
the bankrupt should be incarcerated his protection would
be motioned during the enlargement of the time of Gwen.
sloe, but he would not allow the discharge, if it wee ulti-
mately granted, to operate so as to prevent the future pro.
party of the bankrupt being available for the creditors. The
*simps would have no costs ; the other oasts must tome out
el the 1110sa Gatti* which had Pea radioed.