The Express.
London, England, 1866-06-04 00:00:00

COURT OF COMMON PLEAS.

Sittings biis uco.—(Befors Lord Chief Justice Erie and
Justices Wales, Keating, and Smith.)
DYFIPILLL AND ANOTlign V. WHITE.

This case arose out of the following circumstances :
Rome time ago the Opera Company (Limited) was estab-
lished, and took a lease of Covent Garden Theatre from
Mr. Gye, and for two winters played English Opera
and pantomime there. Early in 1865 they borrowed
5,000/. upon debentures, and on the 23rd of January
in that year they gave a bill of sale of their " properties"
to Messrs. Deff ell and Metzer, the plaintiffs, as trustees,
to hold for the security of the debenture creditors. In 1
February the things named in the bill of sale
were removed from the theatre to Banbury-oourt,
and a few days afterwards the defendant seized them
under a tier/ facies. The question now raised on
interpleader issue was whether the plaintiffs
were entitled to hold the goods as against the execution
creditor; and at the trial a few days ago a verdict was en-
tered for the defendant, subject to the opinion of the court
upon some points of law.
Mr. Denman, Q.C., now ;pored for a rule to enter a vet.-
' diet for the plaintiffs. He said that the defendant ob-
jected at the trial that the bill of sale was not valid,
buse the affidavit of its execution did not state the
name and address of the attesting witness as pursuant to
the statute, but he submitted that this objection was
not well founded. He further contended that the goods
were not at the time of the seizure in the " apparent pos-
session" of the company, and therefore the Bills of Sale
Act did not apply.
Rule granted.

CVURT OF BANKRUPTCY.
(Before Mr. Commissioner Goalburn.)

IN RN O'ROURKE, OTHERWISE TALCONER.-RELEADIL
The bankrupt, Edmund O'Rourke, better known as Mr.
Falconer, one of the lessees of Drury-lane Theatre, renewed
his application for release from custody which had been
ordered to stand over until a week after the choice of Sail-
MSS. . . .

Mr. Bagley, in supporting the application, stated that
the bankrupt had been in custody since the 27th of
February, for debts which were jointly due from himself
and his partner, Mr. Chatterton. Of five detaining eze-
ditors, three had released the bankrupt, and one had
proved his debt ; the only detainer now in force was one
at the suit of a person named Daniel Pratt, a creditor on
three judgments for 310 f.
Mr. Lewis, for the assignees, took the objection that no
hour was named in the notice of application, nor had any
order of the court been made for the bankrupt to renew
his application.
Has Honour thought there was nothing in the objec-
tions ; the notice was quite sufficient.
Mr. Lewis said that an order bad been made allowing the
bankrupt to amend his three days' statement ; and he arab-
mated that the release ought not to be granted until this
had been done. The amendments might disclose quite
a new state of facts, such as would prevent the court from
granting the release.
Mr. Bagley contended that the proposed alterations
would not affect the question of release.
His Honour doubted whether the peeper course had been
pursued in asking for leave to amend the state-
ment. It would have been better to have asked
for enlarged time to file the account in the
first instance. He doubted whether the release could be
granted until the amended statement wait filed. The
assignees ought to have time to consider that account.
Was the bankrupt prepared to find bail?
Mr. Bagley—Yes, to any amount.
The Commissioner—Then let him be released on entering
. -

into his own recognisance fro 1601., and lading two sure-
ties in 1001. each, with twenty-four boors' mottos of bail.
The amended statement, which has been prepared, shows
the debts to be 7,4161.

LORD MAYOR'S COURT.
(Before the Recorder and a Special Jury.)
The leaned Recorder at for the first time to hear emu-
pensation cases since his return from Janeiro on his ape-
alai oommiuien.

THE IRONMONGERS' COMPANY O. TIER CORPORATION OP LON•
DON.-THE HOLBORN TALIAT lIIPROVIIIINTS.-NRAVY

CLLIW TOR 0011P1MATION.

Thar was a eo;;peoss----ii;;olsiss made by the Master and
Wardens of the ' art and mystery " of the Irosonongsrs'
Company, in resappect of houses, Nos. 52 and 53, ISlda-
nor-street, Snow.hill, and others at the back, in Iron-
loomPre•builainr, near St Sepulchre Church, required
for the Holborn-valley improvements. Tbs claim amounted
to 12,1105i...5ad was opposed on the part of the corporation.
Kr. Price, Q.C., and Mr. Horses Lloyd appeared far
the claimants ; Mr. Hawkins, Q.C., and the Han. W.
Theniesr fee the City at Wader&