The Express.
London, England, 1858-01-28 00:00:00

Till DZATH OP ♦ PATINA.

The plaintiff in this we was edminktrator of Edward
Walker, and he sued, an behalf of the decemed's children, to
recover damages for the loss which they had suetained is com-
munism of their father having been run over by a wagon
and killed. The case weie tried before Mr. Justice Wilke in
Looks, when the jury, Miter considering the tastier kr ea
how, pee a verdict for the plaintiff—dam/gee 40•
kr. Torr now moved for a rule to allow the *MOE his
cods of the action, upon the ground that it had been
brought in the superior court. The deceased was a
man painter, but having been ill of a dimes peculiar to that
cline of workman, he had cemed to paint, and at the time of
his death ha was workkg as a labourer in the locks. It was
submittedthat the deceestare children ought to have recovered
at lead saikkat to give costs under the County Court Act—
viz., U.
Mr. Justice Wales intimated his opinion that the verdict
shoald have been for the defendants.

Mr. Torr said he had inquired, and could not end that a
Ingle action of this kind had been brought in the County
Court.

The Lord Chief Justice thought that if such en action
should have been brought at all it was fitting to bring it in
the superior court; but this armed to be an ill-founded
action, and the jury, taking a sort of compassionate slew,
gave the plaintiff a verdict that they thought would cerry
oats, so that the costs should not fall upon the person who
had awed for the *Urea. There was, however, a question
whether the discretion of the wart was not limited to consi-
dering whether the action was one of inch a nature as wee
fit to be tried in a superior court, frownse of the portion-
ler merits of the action in question. The matter was fit to be
cossidered.
Buie granted.

COURT OF BANKRUPTCY.—JAN. 27.
(More Mr. Comtismlow Cicslbws.)
lx is ALLUION.-QVUTIONt WIWI' U GOMMIRCI

ra.Lazi?

The beskrupt (who wee else lemon by the name of
Redeemlui) had traded es a warebousemse and boar, in
limaderet. He applied for hie mediae a her days*"
eupported by Mr. Bagley, and opposed by Wr. Reed for the
mliffitronour now gave judgment. Hs dared the the
wan one of a class of came of week the 4:4011M MI&
experience, end which had hitherto been treated less 7
than they deserved. It was the cuss of an Individual who
began worse than nothing by • lane amount, owing, on the
ffiad of October, 1866, 1,6931., and not having • feeble. to
pay anybody; he did what numbers were seen to de
every day —he embarked In a emblem cl
hermits warehouseman—a very general name--having bar(
ems pammleas in the City, and a private residence at the
Weeend, in Herlsrstreet, Cavendiah-square. He west et
meting credit hem anybody or everybody who wee weak or
evelniens ewe* to true him ; end, strange as It might seem
to ewes who ewe net swim of the Micilides that were
eeen hr pales. emit, in little mon than eighteen neethe
he bed esesseed &lots of 7,3611, and liabilities of 1,0471.
The were etelement of thia was surprising; but it wm be-
emeder every key the practice for mere adventure:Fens
velhest • &raft of property of an y kind or deice —to
mik into—trade It could not be celled—but to out of
dew, eel credit right and left, live upon their
wills and the ropey of doers, so long as others
wise week or foolish enough to trust them,
and than to come to this court and pay 3s. in the
pee es in this ems), or men lees than that. The ero-
de= for this els of men (led It was another feature in
them eras that the bee Went end ablest practitioners were
se the skis of the beele) affirmed loudly
serdarrethst thin meduct w net frerehalent. bat only
reekkes, meet autelem and indifferent. But could
any we who meeidened the matter with the heat show of
awe= ereenivaties, or truth, say that it wee not bran-
lent hr • num te obtain credit in all direidem, to the amount
et 11,401 L, MOW begun 1,6001. wane the nothing P How
'eyed be unppree ter • anent that he led say right to
esetenst them Mee? The only peels whisk even his an-
esuntee eeeid.wethe est SF kb? wan*
_ _

—Mr. Reed sad It wee airy 801.. batln reality there were
no proftta, but a loss an the trading of 8001.
His Honour tarried that ha pamasil acroditars alone
bad been 1,4991. is 18 maths ; the lode expiates Were
8721. ; and bad dais, 1,4341. Could it be said with oommoa
sea, troth, ar judge to the essanordel assaannity, that a
urea who had soled thus wee only guilty of realms conduct,
and sot of feud? They wire cortically told that the higher
tabus], the Loofa Justices, did not rest thermos of rock-
Imam se err of toad, bat regrind positive 'widows of
fraad. It was one the day and the iodination of
that rad to oonform Its aseisicas to those of
the court above, r far as could acourataly
1. an whet their latish* had laid down. Bat be
coodesietod thr II the g-oassat possible bend for
, say aa elakesting dors a biod
' the ase
parade expistation orfor
probabiaglityper of being ablewithout
to re, the. The riga= had dealt nor kindly with this
▪ ; gas of than, a most raratabis gestiessen, ht
oas of
lie Massa meditate ; he bed wooled ais ceso to a smirking
istrit ; the egaillace he had *eel is hint wee see at the
iteet grew ia the 'mahatma's are. The benkrept hod been
la bit survise; big dirsaatir nod base bra potty welt
ham to the elebraes, The het pas as Catalog Wm to la

extent that would surprise any one; but, so far from prssiug
hardly upon this man, he asked the court to assist, if it could
do so consistently with its duty, in relieving the bankrupt
from his Beelines. This proved how unfounded was
the vulgar imputation against creditors of being vindictive,
harsh, sad eager to press against debtors. In owes where
creditors were =mho& in that court they were often heated
as if they wile In realNY theOnlistisi and everything Pos-
sible was done to wound their seating.. A mere suspension
of a bankrupt's certificate, with a continuance of protection
from Snort, tame to nothing, or next to nothing, LS an admi-
nistration of punitive law. it wee giving the man all that
the Insolvent Court would or coult: give him en exemption
from all annoyance from his creditors, with liberty to go on
precisely as he had done before, with the exception of re-
entering trade. That was the whole of the punishment for
obtaining credit in all directions to a vast amount, and
it at the rate of 1,0001. • year upon the property
at firw—indulging in every gratification at their expense,
and ending by paying them 3e. in the pound. Such a een.
tame was no punishment at all. Some mid that the adminis-
tration of that court ought not to be punitive at all. It used
not to be so, but merely to administer mete ; and if that
were so now, the court would have comparatively little to de.
But the legislature had thought It wise to give It a punitive
jurisdiction ; and it was very much the cies that creditors
brought men here to punish their misconduct. The law gave
the court power to do this, not directly, by sentencing &bank-
rupt to so en imprieennsent (it wee desinble thst this
should be the caw), but by withholding the protection, and
allowing the creditors to take him in execution, and then ha
could only be discharged by order of the oath. The fraud and
diehaneety exposed in this court went far beyond whet wait
witnessed in criminal courts; there were not such egz
overt sets, but there was more of contrivance,moral turpitude than in ordinary eases of larceny in-
dividuals were tempted b motives which could have no
in the minds of co men. Notwithstanding du
criminal courts did their duty to the public, sad
the offenders. The same rule ought to govern that Genet in
caws like this, where the mind of the court was madded that
a grievous offence had been committed—the beam'
having, during 18 months gone on contracting debt* without
the smallest means or intention of paying them. The certifi-
cate must be suspended for 12 months from the day of hear-
ing,—when granted to be of the third class,---the bankrupt
to remain without protection for six months.

IN 1111MAZIWIN AND NIABSDNN.

The bankrupts, shawl sad mantle waishoussaise, el
Islington, meetly applied for their eartilloater, and were
"Clon various grounds.
lonour said that the ease of Wm. Marsden was gulls
distinct from that of the other bankrupt, and he might hays
a third-class otatilkets after • intapmalon of six months from
the day of hearing, with protection. In the case of Anthony
Marsden, who wan not premed, judgment would be
(Men Mr. Commirdtmar Fonblanque.)
Uf 11 NAAI.III3I, ILNIINN, AND CO.

The kancrep liZisc7h; Nralts7aa William Jansen,
had traded as merchants under the above firm, at No. 8,
Cnltchedfriars, and in Water-lane, City. The bankruptcy
was on their own petition Sled on the 12th horn, the act of
=being a declaration of insolvency. This was the
the choice of assignees. It appears that the failure
had berm brought about by the failure of hems In Hamburg,
Rotterdam, and elsewhere, with wham the bankrupts had
Indef. A mammary statement of debts and liabilities,
=ed by Nave. Paul and Turner, dhows the following
Dm.
To creditors on open accounts 83,898
To ditto on bills payable 13,862
To liabilities on MIL receivable £B ,186

Considered good
1,100
To other liabilities subject to resit:enamel property.. 131:19

£l9 242
hos

By nab in hands of official assignee
By debtors
By surplus on property in bands of creditors

£1716
Debts to the amount of 2,0001. were proved, and Mr. R.N.
nt,. ..7 colonial broker, of Mincing-lane, was appointed trade
Mr. &amAeld is the official assignee, and M.
Nim7-.• is the solicitor under the bankruptcy. An allow-
ance of 21. a week each was made to the bankrupts.