The Express.
London, England, 1867-03-21 00:00:00

COURT OF DIVORCE AND MATRIMONIAL

CAUSE& -----
(Before the Judge Ordinary.)
BAKER V. BAKER ABU GRIGG.
This case, which is a petition by Captain biker, of
Plymouth, for a dissolution of marriage on the ground of
his wife's adultery with the co-respondent, was resumed
this morning. The wife's adultery is not contended, but
she alleges adultery, cruelty, and habitual drunkenness
on the part of her husband, and yesterday evidence was
called to prove this. To.day, rebutting evidence has been
called on the part of the petitioner, and the case is still
proceeding.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner HolroyiL)
IN LE FISHY&

I The bankrupt was ii7lioeni;dvictualler, of Sutherland-
street, Walworth-road. Debts, 2,6001. ; assets, about 50/.
This was the sitting for examination and discharge.
' Mr. R. Griffiths and Mr. Michael opposed for the assig-
nees and creditors ; Mr. Reed supported.
The bankrupt, it appeared, in addition to his business
at the beer-shop, had had a contract for the supply of re-
freshments to the students at Bing's College and the
clerks in Somerset-house; and having taken it, as MY alleged,
on too low terms, and provisions advancing in price, it had
turned out unprofitable. Under those circumstances
when be knew that be was in a deficiency he had given
bills of sales to Messrs. Bass and another creditor ; and
this coming to the knowledge of the creditors generally, he
had been brought to this court. The bankrupt admitted
that he had been twice bankrupt before, owing on the first
occasion 2,0001., and on the second 3,000/. ; no dividend
being paid under either bankruptcy. It was urged that the
bankrupt had been carrying on a losing business for two
years, and must have contracted debts without probable
means of payment. On his bankruptcy it was alleged that
he had given the bills of sale in pursuance of a previous
undertaking, and that he had vainly sought to obtain an
alteration in the terms of his contracts.
His Honour did not think the case was one in
which the court ought to suspend the order.
The creditors must have known that the bank•
rupt had been twice in that position before ; but
still they chose to give him credit. They must also have
known that persons in the bankrupt's trade were generally
called on to give a charge on their property to a brewer or
distiller. It did not appear that there had been any mis-
representation on the part of the bankrupt. He might
have been too confident, but it could not be said that he
had contracted debts without'probable means of payment,
and the order would therefore be granted.
(Before Mr. Commissioner CsO.IIbUTIL)
IN RE LIEUTENANT-COLONEL DICKSON.
•

This was a renewed application for release, after the
choice of assignees. The bankrupt is described as a lieu-
tenant-colonel in the Royal Limerick County Regiment of
Militia, and formerly member of parliament for the county
of Limerick, now a prisoner for debt.
Mr. Bagley opposed for the detaining creditor. He
first took objection to the form of the three days' state-
ment, which did not set out the amount of the mortgage
property held by the secured creditors, one of whom had a
mortgage for 35,000/., another for 5,000/., and others for
large amounts.
The bankrupt, examined, stated that be had hail a resi-
dence in Ireland until 1865, when he gave it up.
Mr. Reed, in support of the application, contended that
the inaccuracy of the three days' account had nothing to
do with the question of the bankrupt's release.
His Honour was of a different opinion. He should not
think of releasing a man who had omitted from his state-
ment creditors for upwards of 50,000/.
Mr. Bagley said there was a further objection. The
bankrupt bad omitted from his description his residence in
Ireland, where there were several creditors. _ _

The bankrupt said that all those creditors had proved at
the sitting for choice.
His Honour said it was doubtful whether the tt ree days'
statement could be amended after so long a period had
elapsed. Those accounts were always got up in a hurry,
when the bankrupts were in extrema, so to speak ; and
the result was that they were often grossly inaccurate.
Perhaps the best course would be to dismiss the petition
and allow a fresh one to be filed, but that was for the
consideration of those who advised the bankrupt.
Mr. Heed stated that at the sitting for choice a revolu-
tion had been passed for taking the case out of court on
payment of 2e. fid. in the pound ; and he now asked the
court to confirm it.

_-Mr. lfaglcy
id that the dilsenting creditor' had not
had notice.

His Honour said he should not confirm the resolution at
the present stage of the proceedings.
The bankrupt war then removed in custody. The unse-
cured debts, as stated in the three days' account, are be-
tween 11,0001. and 12,0001. The bankrupt attributes his
failure to " insufficiency of income, heavy losses through
failure of others, and heavy electioneering expenses."
(Before Mr. Commissioner Winslow.)
IN RE C. R. NICHOLLS.
_

.....
The bankrupt was described as a hanker, formerly of the
Adelphi. The adjudication took place T 3 years ago, and
the bankrupt never passed his examination. Having be-
come bankrupt again recently, he was required by the
court to complete the proceedings under his former bank-
ruptcy, and this was a sitting for that purpose. His liabi-
lities under the first bankruptcy amounted to about
13,00 W., on which no dividend has been paid.
Captain Aaron Smith, the assignee under the first
bankruptcy opposed, and elicited from the bankrupt that
he had purchased house property 'knee his adjournment
sine die under the first bankruptcy, and had afterwards
raised money on it by mortgaging it. He bad not given
the assignee any account of this property. Upon this
Captain Smith asked for a cash account.

After hearing Mr. l'hidley for the bankrupt, hie Mono=
directed an adjournment for further inquiry.

DEATH OP MR. Loy', THE POLTTHONIET.—The
death is announced this morning of Mr. William Edward
Lure, the polyphonist, after a lengthened illness. For
many years Mr. Love was a most successful caterer for the
public amusement. His conceptions were always shrewd
and skilfully carried out, while his happy delineations of
character, and his extraordinary rapidity of change were
perhaps unequalled. His London Sraaon,the most successful
of his entertainments, was witnessed in almost every part of
the kingdom. Nine years ago he was struck down with
paralysis and fell into poverty, but through the kind exer-
tions of the Rev. R. H. Killick, rector of St. Clement's
Danes, in whose parish Mr. Love lodged, his case was
brought ander public notice through the columns of the
newspaper press, and a house was secured for him in
Arundel.street, by means of which he and his family were
enabled to obtain a decent subsistence. He bad reached
I his 63rd year.