The Express.
London, England, 1867-05-11 00:00:00

CRIMINAL COURT OF APPEAL.

(Before the Lord Chief Baron and Baron Martin, and
Justices Keating, Ryles, and Shen.)
THE QUEEN F. HoBINHON.
•

.....
In this case, which was argued last Saturday, and
raised a question upon a conviction under the bankruptcy
laws, the prisoner having described herself as a widow, of
Hull, when in reality she was a married woman, her hus-
band being still alive, the court took time to consider its
verdict.

The Lord Chief Baron said the ease raised so many im-
portant peints that it was thought better to postpone the
judgment until the first Saturday in next term.

THE QVEMI V. MORRIS.
In this case also the Lord Chief Baron said the judg-
ment of the court would have to extend over until the
first Saturday in next term, m consequence of the im-
portance of the point involved.

THE QUEEN r. PROUT.
This was an indictment for perjury before Mr. Arnold at
the Westminster Police-court. The prisoner, who was an
apprentice to a person named Charles Quin, had summoned
his master for wages, and it was at the hearing of that com-
plaint perjury was assigned. On the trial before the
learned Recorder of London, it was contended on behalf of
the prisoner that the relative position of master and ser-
vant having ceased when the complaint was made for
wages, that the magistrate had no right to hear it. The
prisoner was found guilty, and the learned Recorder reserved
the point.
Mr. Digby appeared in support of the conviction.
Conviction ititied.

COURT OF PROBATE.
(Before the Judge Ordinary.)
IItICKER V. FENNER.

Mr. Serjeant Robinson and Mr. Foard for the plaintiff ;
Mr. Denman, Q.C. and Mr. Frederick for the defendant.
The wife of a schoolmaster at Hampton-wick, named
Fenner, propounded the will of Miss Emily Frances Brown,
a governess, who died in September last, at the age of 54,
leaving property worth 3,000/. or 4,000/. The defendant
was an old friend of hers, and she had made the will
about five months before her death in her favour. Pro-
bate was, however, resisted, on the ground of insanity,
by Mr. Pricker, the executor under the present and also
under another will, by which he would ha% e been left a
legacy.
The opposition was, however, withdrawn.
The jury found for the defendant ; and
The court decreed probate ; but the costs were not Rated
for, it being agreed that there were cireumatances which
fully justified the course taken by the plaintiff.

COURT OF BANKRUPTCY.
(Before Mr. Commiasioner Winslow.)
IN RI RIR C. R. PRICK.-AN ARRANGING DEBTOR.
. .

The debtor was a banker, formerly carrying on business
is King William-street. Application was recently made
by the trustees under a deed of arrangement which he had
entered into for an order directing the chief accountant of
the Governor and Company of the Bank of England to
transfer the sum of 500/. bank stock, which stood at the
date of the execution of the deeds and still stands in the
name of the debtor. The case was argued at some length,
and his Honour having taken time to consider now gave
judgment.
The learnedCommiuioner said—Thedebtorhaadiedsince
the execution of the deed, and the Bank refuses to transfer
the stock unless letters of administration are taken out,
and a transfer executed by the administrator. If the trus-
tees have any right to the order they ask, the first thing
they have to show that it is an order which they would have
been entitled to ask for if they had been creditors'assignees
under a bankruptcy instead of trustees under a deed. The
order is asked by virtue of the 128th section of the act of
1849, which enacts that if any bankrupt shall have any
government stock, funds, or other annuities, or any of the
stock of any public company, either in England, Scotland,
or Ireland, standing in his name in his own right, it shall
be lawful for the court by writing to order all persons
whose act or consent is thereto necessary, to transfer the
same into the name of the aa~nee. , end to pay all divi-
dends upon the same to the official assignee, and all such
persons whose act or consent is so necessary, are
herebyi ndemnified for all things done or permitted,
pursuant to such order. There is no doubt that
Bank of England stock is within that section,
and before the passing of the act of 1861 an order might
have been made upon the persons described in the section
to transfer the Bank stock which belonged to a bankrupt
into the names of the official assignee and the creditors'
assignee, if any, in the bankruptcy; but the dividend and
the produce of the stock, when sold, would have been re-
coverable by the official assignee only. This was consis-
tent with the rest of that act, the 141st and 142nd sections
of which vested all the bankrupt's real and personal estate
in the whole of the assignees ; but the39th section provided
that the proceeds of the estate were to be received by the
Official assignee only. The act of 1861 altered this, and by
the 117th section, upon the appointment of a creditors'
assignee, all the estate is divested out of the official
assignee and vested in the creditors' assignee, and there
axe no words of exception to this, but the 128th section,
which vests debts under IW. in the official assignee. The
127th section enacts that the creditors' assignee shall
manage, and, except as therein provided, realise and
collect the estate of the bankrupt, wherever situated, and
the exception was intended, no doubt to apply to the
128th section ; but as the two acts, so far as the former is
repealed, are to be read as one act, the words would
embrace any other matter clearly excepted. It is quite
clear, then, that the bank stock in question would, in case
of bankruptcy, have vested in the creditors'assignee alone,
and would have been transferred to his name, notwith-
standing the words of exception in the 127th section,
and it can scarcely have been intended that the
official assignee should receive the dividends. When
the legislature intended the official assignee to receive
property it vested it in him. I think, therefore, that the
latter part of the 128th section of the act of 1849, which
directs the dividends to be paid to the official assignee,
is inconsistent with the act of 1861, and is repealed by
section MO of that act, and that creditors' assignees would
be entitled to have a transfer of the stock made into
their names without the official assignee and to receive
the dividends thereon. The next thing to be shown, before
the order can he inside, is that the accountant of the Go-
vernor and Company of the Bank of England or any
of the officers of the bank, are of the elegant persons men-
tioned in the section, as " persons whose act
and consent are necessary to the transfer." It
is contended on their behalf that the act was meant to
apply to the bankrupt, or any pence. ia whose name the
stock might be standing, and that the bask are not trans-
fete's in any case, but merely keep the book or register in
which transfers are entered. By their charter every trans-
fer shall be made by an entry made in this book, signed by
the person who has an interest or share in the stock, and
the bank must, it is said, obey the charter. The act of
parliament, however, will override the charter, if the
words are sufficient, and the governor and directors of the
Bank axe certainly persons whose consent is noxesery to
the transfer, and it further appears that the c • ' as-
signees are the only persons who if it were a y
would have any interestor share in the stock with be
to the bankrupt, for the act has expressly Vested it
in them. Is not this, ther?ore, a case within the express
letter of the section His Honour then proceeded to dis-
arms the arguments which had been urged, and the autho-
rities which had been cited on the subject, end went ok
to say :—I have treated this es if it had beet • ease in
bankruptcy. I now have to determine whether the 197th
section of the act of 1561 gives the same powers to trustees
under a deed. This is an absolute deed of assignment of
the estate to trustees to administer it as in bankruptcy,
and more nearly resembles a bankruptcy than any other
form of deed. The words of the 197th geed:tire to
trustees the same remedies as assignees, and courts
have not in any way narrowed their construct:ice se to
exclude the right to such an order as is adied for. I
think the trustees are entitled to the orcle• they ask, and
do direct the transfer of the sum of 5001. beak stock
now standing in the name of the late Sir C. Prise, the
debtor, into the names of the trustees of the des{ ergot
that the said governor and directors shotdd Meant to
allow each assignment or transfer to be made bf. the said
trustees themselves.
Judgment accordingly.

FATAL ACCIDENT MON LIONTNINO. —Yeuterday
afternoon we received the following brief note frets a cor-
respondent:—" An awful tempest peened over simiagton
to-day. The house of Meuse. Wallis was s by the
electric fluid. One man of the name of Yelling tmon
lost his life while taking shelter under a wheat k. Mr.
P. Coleman received a very severe shank. . wee
struck blind."—Combridge Indepolrat.