The Express.
London, England, 1867-11-16 00:00:00

COURT OF EXCHEQUER.

Sittings in Banco.—(Before Barons Martin, Channel! and
. Pigott.)

Their lordships sat this morning, but no business being
ready for them to proceed with, they soon afterwards
adjourned the cowl.

COURT OF PROBATE AND DIVORCE.
(Defore the Judge Ordinary.)
MOM e. PEARrik AND DIOST.
_ .

This case was resumed this morning, when Mrs.
Pearce contradicted in toto the allegations which
her husband had made sga;est her in the written state-
ment he had prepared in order to justify his separation from
her. She also detailed many other instances of ill-treat-
ment, which it was suggested were proofs of hallucina-
tion. For instance, the testator had made the acquaint-
ance of two ladies, af.:l he used to make her translate for
him the letters of one of them who a.xote in German. He
told her that he hoped she would soon " hop off," in order
that he might marry one of his dear girls. He had also
made the acquaintance of otherla,l ea. On one occasion he
was passing letters to a lady at church during the whole of
the service, and be afterwards took her home, ordering
witness to go home by herself. He threatened to bring
one of these ladies into the house, osten.•ibly as his
daughter's governess, but really as his wife. On the birth
of witness's second daughter he was very excited.
He said he was very sorry that he had another
child, because it had displeased the girl be loved,
who thought that he must have retained some affection for
witness. (In his written paper Mr. Pearse had given a
different account of this quarrel, for he represented that it
was his safe who was displeased.) He told w:tness that
she was no true wife, or she would have consented to let it
die. Witness was obliged to have a wet nurse, and the
testator s►id the child had become her son. He used to
call it by her name, and spit upon it.
[The case was proceeding when our report left]

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
IN RE BAYNHASI.:-APPLICATION FOR RELISARF,

The bankrupt Fredk. Haynham, was described as of
Harvey-street, Walworth-road, late dealer in meal and
manures, prior to that a commission agent of Brabant-
court, Fencburcb-street. The debts are about 8001. There
are two detainers against the bankrupt, and both creditors
opposed. The objection was first taken that as the bank-
rupt WAS in custody under a z ulc of the Court of Common
Pleas for the payment of coats, this was not a debt, but •
contempt of court, and that this court could not interfere;
but his Honour held that it was a debt.

M it appeared that the bankrupt hail given two bills of
sale, one just at the time he was sued, and had also made
a deed of composition, and that he had no property to give
up, to his creditors.
His Honour said that as no benefit would accrue to the
estate from the bankrupt's release, the case must take the
ordinary course, and must stand over till after the choice
of assignees.

IN RE GREATORRX,7-NOVEL POINT RAISED UNDER A DEED.

This was an application, at the instance of the overseers
of the poor of St. Anne, Soho, for leave to issue execution
against the debtor for 57t. due for poor and other parochial
rates, notwithstanding • deed executed and registered
under the l'J'lnd section. _ _

His Honour said it appeared that the overseers had
obtained an order from the police court at Marlborough-
street for payment of the amount, but the warrant was not
to issue until the leave of this court had been obtained in
the usual form. Against this claim the debtor had set up
a deed, which was registered on the Bird of October, 1866,
whereby he undertook to pay • composition of the 6d. in
the pound. He had sines executed two other deeds—one
in March, 1867, and the other in September, 1867,
promising in both to pay 2s. 6d. in the pound in six months.
He now relied on the latter deed, abandoning the other
two. The overseers contended that all those deeds were
fraudulent ; but they first argued that supposing the deed
to be valid in other respects, yet, as to 12 months' rates,
they could not be compelled to accept • composition, but
were entitled to be paid in full as in bankruptcy.
No doubt if the debtor had been • bankrupt
and had given up an estate sufficient to pay his creditors
2s. 6d. in the pound, the overseers would have been enti.
tled to what they asked under the provisions of the act of
1861 ; and, if they applied in time, would have • right to
payment before the other creditors recovered any dividend.
Then, the 197th section of the act provided tint all
the parties to a deed should have the benefit of, and
be liable to, all the provisions of the act
in the same or like manner as if the debtor had been ad-
judicated bankrupt and the creditors had proved ; and also
gave them the same rights and remedies with respect to
the debtor's estate and effects as in bankruptcy. The
court was also directed to determine all questions arising
under the deed according to the law and practice in bank-
ruptcy, so far as It might be applicable. Had the deed con-
taea an assignment of the estate to trustees the over-
seers would he entitled to the same rights as in bankruptcy
—payment of 12 months' rates in full, and a dividend on
the remainder; and there WWI nothing in the statute to
show that the legislature intended it to be otherwise
under composition deeds. On the other hand, all crodi-
ton under every such deed were to have the same rights
as in bankruptcy. But it was contended on behalf of the
debtor that the deed would no longer be a valid deed of
composition if it gave a preference to any creditor. This
was not so. There were necessarily classes of creditors
who must, indirectly, if not directly, have larger payments
than others. Creditors who bad security were entitled
to payment in full to the extent of their security, and
there was no reason why creditors to whom the legis-
lature, from motives of public policy, had
given a statutable preference, should have that
preference taken away at the mere option of the other
creditors. The same reasons existed to render it desirable
that a twelvemonth's rates should be paid in full under •
deed of composition as in bankruptcy or by a deed of
assignment; and unless there was something in the sta-
tute to lead to a clear inference that the legislature
intended otherwise, it would be unlikely that
such was the intention. The inference to be drawn
from the words of the act, was, however, the other way.
The case of " Williams v. Cadbury," 2, L. It., C. P., 443,
was cited as decidedly that no distress for rent under •
composition deed was available for more than 12 months ;
and it was argued that if the 197th section was to be con-
strued in favour of the debtor, and to protect him
as if he were a bankrupt, it seemed right that the cre-
ditors should have the same advantages as if the estate were
in bankruptcy. But the deed in that case was in reality
one of assignment and did not quite determine the ques-
tion. There was no distinction in the statute between the
classes of deeds, unless it were to be discovered in the words
at the end of section 197," except where the deed shall ex-
pressly provide otherwise, the court shall determine all
•luestions arising under the deed according to the law and
practice in bankruptcy, so far as they may be applicable."
No doubt that law and practieewould be more applicable
to deeds of assignment than to deeds of composition ; but
the court saw no reason why the provision for the payment
of twelve months' pariah"' rates should not be applicable
to both classes of deeds. The case of "Re Wetherell and
another " (19, L. T., Magistntn' cases), cited by Mr.
Lucas in opposition to the application, did not
appear to be an answer to it. That ease de-
cided that a claim for poor-rate was barred by a certifi-
cate in bankruptcy ; and would be good authority to show
that if the deed was binding on the overseen, they could
not proceed against the debtor for the recovery of the rates.
At any rate, to the extent to which this application was
confined—a twelvemonth's rates—the deed was not binding
on the overseers, and the order giving leave to them to
issue execution to enforce payment should be made, the
debtor to pay the costa of the application,

THE POLICE - COITRTEI.

(TEUS DAY.)

MANSION-BOUSK
CHARGE OF FOILOIItY AGAINST A BOLICTIOWR CLINK.
Cl✓'rlis Saridge, aged 17, residing at 87, tbaiomstreet,
Kennington, am brought up on remand, charged with
forging an endorsement to an order for the payment of
441. 80. 5d.. with intent to defraud the Louden and
County Bank.

MIA I
There illig been • sudden Inc

:&
us of barometric/a

orer our islands since yesterday. which has been considerablo In
the north. At the French 'tattoos there has been a decrease,
and the difference of pressure between L'Orient and Nalrn
amounts this morning to nearly ii-lOttui of an inch. Strung north-
westerly winds bare been general—they continue to blow with
the same force on all our coasts ascent at the extreme north.
Temperatures continue blob on the channel coast and In the west
of France. The weather appears unsettled. There is a high sea
on our N.E. coast.

The National Reform Union announce the first
of a series of meetings on the Reform question at the St.
James's-hall, on Friday evening, the 29th inst., on which
occasion Mr. Samuel Morley will preside.
A SERMON METER.—The Queen has fixed in the
pulpit of the Chapel Royal, Savoy, a sand-glass of the
measure of eighteen minutes.
WORKING MEN'S COLLEGE, GREAT ORMOND-
STRFET.-Mr. J. R. Seeley, M.A., fellow of Christ's Col-
lege. Cambridge, professor of Latin in University College,
will deliver a lecture this evening (Saturday) on Cicero.
THE CONDEMNED FENIANS.—It is rumoured in
well-informed quarters that the clemency of the crown
will be extended to Larkin, Gould, and Shore, their sen-
tence being commuted to penal servitude for life.—Low

_
WALKING ON WATER.—Yesterday, at Holyhead,
nearly the entire population turned out to witness • gen-
tleman walking on the water in the harbour on large
shoes, like snow-shoes. He slid not at any time oink below
the knee, and smoked • pipe.—Dublin Peening Mail.
THE CHILDREN LOA? IN THE WOOD.—AFFECT-
ING RF-.4ULT or THE REHEARCH.—The fate of three young
children who were lost from Daylesford on Sunday, June
30, and who were for some time searched for in the most
persevering manner by all the inhabitants of the town and
surrounding district, was at length elucidated in a painful
manner, by the discovery of their itlll4lllB on the 13th inst.
The attention of • man named kfliay being attracted
by observing that his dog was carrying a child's
boot with a portion of • foot in it, the news
was circulated, and • party got together to renew
the relinquished search. The bodies were, after
some searching, discovered near the hut of bl'lCay, on the
the Mack Creek, near the saw-mill. Two of the unfor-
tunate children were in the cavity of • hollow tree, where
it seems that they bad crawled in and huddled together,
to endeavour to keep each other warns. Of the
third only a few bones and the skull remained, and it
was thought that this body had been dragged out
by dogs. From the appearances presented, there
seemed to be no doubt that the children bad in their
wanderings found their way impeded by • brush
fence; that, it being night, they were unable to see
that by following along the fence for only a couple of
hundred yards they would get to the hut of ll'Key ; and
that they bad turned into the hollow tree to shelter from
the bitter aold of the wet winter's night, thinking, pro-
bably, to find their way by the aid of the fence without
difficulty in the morning. They must then have lain and
slept and died together. It was felt as a very melancholy
consideration the fact that the poor children bad reached
o near help and yet failed to find it. Two of them were
rothers, named Graham ; the other was named Burman.
he remains were interred in Daylesford, where it is pro-
oiled to erect a monument by public subscription over
heir graves.—Melbourne Argus, Sept. 27.