The Express.
London, England, 1866-10-20 00:00:00

LAW INTELLIGENCE.

(THIS DAY. )

COURT OF BANKRUPTCY.
(Before lllr. Conseirioner Winelow.)
ni MILIAN JOHNSOL—JTIDOILMIT.—THI PIRATED
PHOTOGRAPHS.
gib was the ease of the person who was recently eon-
rirseel, en the prosecution of Mr. Graves, of Pallama, of
Am pleated photogrepbe, sad was sentenced to penalties
aid osets, Sr one month's imprisonment. He
no* applied for his release from custody, and his
sour book time to consider the ease.
the Commissioner now gave judgment. He said—This
dour leaving teen sumasooed before a magistrate by Mr.
oness.ender the 25th and 26th Vietoria, eap. 68, sem 8,
for t of the copyright of esessin palatines,
thaidelr Olt Amuck last, eo= and eigilz,-
Zets of 101. were
other with oaths. On the 31st of AuguiranwanM
170 lewd for one of the pro ti sad each, and he
elesnisred to be iinprisosied ia Whiteacerseset prime,
vied' is la the warrant sailed a hetes of correction, for
0.1 meth, unless the pushy and oasts were sooner paid.
ibs 7th September the debtor executed deed under
take 192nd so tto& of the Bankruptcy Act, 1861, by which
sumented to pay his areditore 2s. 6d. in the pound, by
thetabooste, end as the 12th September he eternised the
cot registrar's eartiAssie of registratioa. Mr.
wee was 1110111d0d as a creditor in the bill
gai with the chief registrar. On the 10th October
hoe, the debtor wee arrested on a warrant, though
is reduced to the *Blear the eartificate of the chief ma-
to The debtor ban applied to the court for his release
to dteamsd that he had bare arrested in
gone* ef .to which he is entitled the
osiikate of the chief mutter, under the 198th section of
toys
Bankruptcy Act, 1861. Mr. Bud has argued the cue for
ejes debtor, and Mr. Begley for the creditor. The first
onion which appears to me to arise in the ease is
other this court has jurisdiction to deal with an appli-
es*, for release from embody by e debtor arrested not-
elitsbuding the protection given by the 198th see-
nen. After referring to the eases of Cutlet=
(fi,L. T., N. 8. 706), and Golden (7, L. T., N. B. 608)
hie Honour came to the conclusion that the emu
bee jurisdiction to . eakethein as application of
denature, and the next question was whether the debtor
mustitled to protection mainetthe claim of Mr. Graves.
othjection bed been raised to the argument to the deed,
rest being one within the 192nd section of the act of
jet, and the mud mast assume for thir purpose that the
roirements of that act had been complied with, and that
it els binding upoethe dissenting as well as the assenting
ostiters. That bang so, no process against the debtor's
port, or person in respect of any debt, other than a
„saes by writ or warrant for being about to leave Rog-
could be available without the leave of the court ;
wit* certificate of the thief registrar of the filing and
enperation of the deed was available to the debtor for all
as • protection •in bankruptcy, i.e., the protection
=lbeskrupt obtained by the 112th section of the act
of 1819. The freedom from arrest and imprisonment
given to a bankrupt was by the 198th see.
tide the act of 1861, • given to • debtor ; and it
rigto the court that the legislature intended
s debtor should have this freedom from
angst until by agreement with his creditors asexpressedia the deed, he obtained a final release from his debts.
Misr nailing the provilices of the 112th section of the
ad of 1819, his Honour said that construing the words
"nisi release" in the the third part of the mo-
ths AA applying to the release mentioned on the
seed part (the or.ly release mentioned in the see.) it was
sabot the
the court could not have released this
deter if be bad been arrested before the filing of the
deed, for the date of the Slag of the deed was similar to
*date of the adjudication in bankruptcy ; and it was
elie clear that the debtor had been convicted of as
ems under the Copyright Act ; but the ground
NI this application ewes not the power given in
ow terms by the Strad part of see. 112
let the fact that the debtor was protected at the time of
IS arrest ; and it had never been contended that a bank-
opt who had surrendered and obtained his protection
Tr sot retitled to his freedom from arrest, though the
*pant order, commitment, or 'entente was in re-
ot of a debt contracted in the manner men-
teed in the proviso at the eel of the 112th sec.
I ideally arrested before he got his protection
said not be discharged under that section. If that were
a this debtor, having his protection as in bear uptoy,
on entitled to freedom from arrest at the suit of Mr.
Caves, notwithstanding he had committed an offence,
seeded he was arrested for a debt, and Mr. Graves
us a creditor or claimant within the moaning of the
lath and 198th sections. To ascertain that, it wee necess-
ary to look at the words of the Copyright Act. By that act,
bey person, not being the proprietor of any copyright,
Mid imitate or copy for We any painting, kat, without
ttseosent of the proprietor, be should for every such
Ante forfeit to the proprietor • nun not exceeding 101.,
oesk penalty to be recovered by action against the party,
w by summary promedings before any two pa-
ten having jurisdiction where the party offend-
* resided. Mr. Graves had proceeded summarily,
sal at the time of the Min of the dead he had obtained
is order, or orders, that a debtor should forfeit and pay
ts him the sum of 801. and costs, and there being no
reliant goods of the debtors on which to levy execution,
is had obtained a warrant which the magistrate wee
uthoriaed to grant, that the debtor should be imprisoned
fa one month unless the penalty and costs were
sneer paid. Could Mr. Graves prove in bank-
reeky for that debt? The !court thought he could,
isi that so soon as he got his order he was in the posi-
es of a judgment creditor. The fact of the judgment
brag by a justice of the peace amid make no difference ;
el, though the judgment was recovered in respect of an
&KR the offence was not a greater one than an
malt or many other offences, the damages given
ly law in respect of which became, when judgment
an recovered, a debt provable in bankruptcy, and
from which the bankrupt was entitled to protection.
Se Rex v. Stokes, Comp. 136; Rex v. Wakefield, 13,
ho, 190, and Rex v. lima, 1, Durnford and East, 265.)
>lr Copyright Act merely gave a speedy and inexpensive
se of maven* the damages, but they were only
amps recovered by the party. Nor did the limitation
of the Imprisonment make any difference. The legis-
late,* considered that an unlimited length of int-
peament was too severe a remedy for the reoovely of
email a penalty ; but no intimation was given of any
ignition that the creditor and debtor should not have
respective remedies given to them by the Bankruptcy Act.
Tire ma nothing to show that the debtor was not entitled
le lis freedom from arrest from the debt of Mr. Graves
staving been so entitled he had a right to claim his
ne
Xr. Bagley, on behalf of the detaining creditor, asked
for an opportunity to examine the debtor; end the
hither hearing was adjourned until Monday.
IN RS C. J. DALTON.
The bankrupt was • solicitor, of George-yard, Lombard-
lest, and elsewhere. The ease was before the court yes-
**, when his Honour directed the bankrupt to prepare
aatement in writing of the circumstances under which
be had incurred liabilities of upvrardstof 10,0001. on behalf
of Matthew Shield, contractor, and his object in so doing.
This being done, and the statement being satisfactory, his
Bomar granted the order of discharge.

THE POLICE COURTS.
(THIS DAY.)

CLEBICENWRLL.
ADLLTIRT AND WM DESZIMON.
Frederick Augustus Hubbard, of 153, Barrage-road,
Plorastead, a carpenter and joiner, was charged before
Ir. Cooke, at the instance of the authorities of the parish 1
of Si. hum, with deserting his wife and three children,
Avreby they had become chargeable to that parish.
From the evidence of Mr. John Riley, one of the con-
stables of the parish, it appeared that the prisoner's wife
sad fatally had for some tune been inmates of the work-
boner, and that he had held a warrant for the appreheu-
ion of the prisoner ; but although he had used every exer-
tion he had been unable to find his whereahout. At last
be ascertained that the prisoner bad succeeded in inducing
one of the barmaids at a well-known public-house in Hol-
born to leave her place, and that she and the prisoner were
cohabiting together as man and wife at Plumstead. He
vent there and saw the young woman, who said she was
married to the prisoner, but declined to say where he
could be found, and she also told the officer that he should
serer take the prisoner. Nothing disheartened, Mr. Riley
toot night went to the London-bridge station, and there
net the prisoner and his pretended wife, they having come
to town their route to Hull. He told the prisoner who
,
wee, and asked him if be was aware when his wife and
fly was, and he replied in the affirmative. On his way
to the police-station the prisoner said his wife bad a very
led temper, and that was the reason he had deserted her.
The landlord of the house in which the prisoner had re-
tided for six years said the wife was a quiet, clean, hard-
working-woman. The prisoner deserted his family in a
poet cruel manner, for although he was at that time in the
'ft* of upwards of 2/. per week, he left them without
feed or money. The wife worked hard to support her
lousily but failing in that she was compelled to seekrefuge
tittlie workhouse, and that whilst prisoner was going to
Tames of amusement with another woman.
The prisoner said about every mouth he had words with
bis wife, and that was why he left her and the family. He
Inald now settle with the pariah, and allow hie wife a trifle
a week.

, itT. Cooke said it was a bad case, and one he
'mad not allow to be settled. He then sentenced the
trimmer to two months' hard labour in the HAWN! of On-
etime.

The primmer, who seeroed chap-fallen, was then removed.

WESTMINSTER.
POOR NRIDLZWOMIRL
Jane Laurence, a poor careworn-looking women. was
70i op custody apes a vernal 'barged with nu-
'Wally detaining four shirts which had been given her to
asaniacture.
Mr. William S. Ragas, of Charlotte-street Pimlico, said
%Ai OR the 16th of July he gave the defendant material
kr four shirts and could never get it beck again from her.