The Express.
London, England, 1859-02-05 00:00:00

COURT FOR DIVORCE AND MATRIMONIAL

CAUBBB.-444. 4.

Pane the Lord Chancellor, Mr. Jestke Wiedatea, sad the
Judge Ordlaw.)
LIAM V. LSAT'S AND WONTIZIIIIA.-TIN SAW OP
CONDONATION,

The court wu ocreik:4atriaiii.bsering arguments on
t►e 'abject of tin, rola mei for a new trial. We reserve our

COURT OF BANKRUPTCY.—FEB. 4.
(Bakes Mr. Comndooloser Frabbuique.)
111 11 ALA.-THE CENTRAL IORSI REPOSITORY.

Theo vas • 'Mos fee choice of asli sss in the case of
Robert Davao Res, holee-d•alts, at the eitsry ratently
mated near the Elephant and Castle. The bankrupt owes
to unsecured creditor* 7,3001. ; to those holdiog 'comity,
16,200 i. The security had coneista of a base for 80 years
of the ground on which the Reporitary 'toads ; also of that
oa which Mr. Spurge.m's chapel is about to be meet, and
a mortgage of the It( tesitory, fixtures, and fittings. Beyond
this the only available noel se the twnkrupt's boatehold fur-
allure. Mr. Paul, accountant, of Colrmen-street, woe chosen
trade swipe*. Meters. Linklaters and Rockwood are the so-
bcitersundor the bankruptcy.

(Bakr• lb.

Pines)

The bankrupt, a bookee'ler, in Paternoster-row, applied
far hie certificate. 1414 debco sod liabilities amount to
21,0001.; property of 5,6911. is held by erelitote pciially
'morel ; and there ore uneocurnbered swets of about I,OOW.
Mr. Norton, for the sasigneca, stated that an action had
been brought to set aside a bill of elle, ncder which Mr.
Tupling had taken pee ee.sion of a large port on of the bank-
rupt's stock shortly before the bankruptcy. It now appeared
that there watt no collusion on the part of the bankrupt, snd
the assigner® d;d not oppose hie having his certificate. The
oaly complaint amenst him was that he bad not stopped
soaker, for he bad been in a deficiency of 2,3041. two years
ago; gut the a-signecs believed that be hod been induced to
do so by Mr. Tupling, whose tool, hi fact, he hod been. He
had also hod accommodation transactions with Brice (a
binkrupt); they had belie Ito keep each other afloat.
Mr. L9STAIIM, for the bankrupt, submitted that he was
entitled to a first class certificate. The case woo one of un-
avoidable lows and misfortune.
. . . . . .

Ilia Honoer, obeermng that the bankrupt bad been in
buameas 19 yam, and had been to a great extent the victim
of urefortune, gnuitzd a eertilicate of the Brat clam.

IN /1111•17111)126.,-,111DOMEXT.

The bankrupt WAR a eaddter of Theme. Hie application
for certificate was heard a few dee ego.
His Honour now gave judgment. He old:—The bank-
rupt Paunders applied fortis certificate. He had carried on
the business t f a saddler at Tbanie, in Oxf Tette, fur more
than 30 ye ow, when on the 19th of August last, his eldest
am preentid a petition to this court praying that be might
be wljudeed bankrupt, end la support of hie petition he
swore ,het his father owed him in ben care of .:count 2691.
In meoldance volt the law of bankruptcy, no totter was
given to the lath. r of what we in pro f,eou agninet him, and
he was declared bankrupt, without being le aid, and all his
property wee seized fa-o the kande of the I.w. His Honour
tad no doubt that the court had coed in de taring Studer.
truikrupt on the petition of his eon ; f r it now appeared '
upon t report of the official aasignee that Instead if the
biter owing the moo 2491., so the son falsely swore, the son
owed the fatter 1941. 12.. Id. for delete teamved by Mineable
father's ace twit, end embezzled by him. This court, hew-
ever, could not be blamed d the ern. ; for the bankrupt law
tequirio that the court shall adjudicate on the bankruptcy on
beating one aide only.At the tint public sitting two creditor.
only proved debt., both London trademen, one a creditor fur
471., and the other for 211. The creditor who peeved for
471. chose himself assignee. On the 28th September the
bankrupt filed Ms balance-sheet, and on the Bth October he
aniseed to pets hie exarabooke. The account., however,
were thought to require farther investigation and $01.14
cormatios, and the sitting was adjourned to the "Atli October.'
Bowe ever, edema were made la the account, and on the 304
October the biskrapt agaln attest lea to per his Met tient'-
,
nation. The solicitor to the seezeie on that tots talon re-:
nine Mr. Barged a. counsel, to aid bite in examining
the bankrupt, and the examination to mmeaced sad
laated about tie hour,. Tito bankrupt had n tither sommel
nor elicitor to agent him; for ell hit mots bad pealed to tti
and he had no funds wherewth to procure legal
modal. e. The tsar there:fere, wan toe calculated to melte
apathy
s 3 hi the mind of every right-tbiztkieg person. The!
einem:tenon of Mr. SUgOOd WWI of a very searching, and
be might men say, a hunt character. His lit mar Intend
to it with pen; tor, looking on the subject with the juve-
nility natural to a peree perfuming judtcial tune-ions, be
multi not but see in a short time the the balk-
rept was an henret man. His. time, his manner,
the express:ow to used, anti eves the amounts as filed, were
all to en unprejudiced mind indications of heesty and aim-
plkity; and as the examiaatios proceeded, te commit te-
ems practical skill on the one aide and e'erplicity on the
other t events more and mere painful, and Lis Honour felt it
his ditty to take a more active part in preening the tok-
tupt than be should base thosgto i n emery to do had the
bankrupt, like the assignee, been able to procure the assist-
ence tot counsel. In adopting thte comae his Honour bad of
cowl.? the evinction of that principlo tectignieed in the admi-
nistration of criminal juetice which says that wee the ac-
cused person is too poor to obtain the easistame of counsel,
the judge Se his corneal. Hie interference and proem
lion of the bankrupt octued to excite no mall me
sestasent in those who wee examining Lim, and
he was treated, both by the counsel and soliefter,
with r.uch dtertrepect. Whether be aluvod immestary ex-
citement to tat the better of judicial equanimity or not be
ceuOl hardly say; but on the following ruornieg he fousd
himself desouseed in a leading article in the Daily News, a
otter enjoying a veey extensive eircuLpite, as a p-rton who
had disgraced the administration tf liritish justice. how
far such comments on the conduct of ti judieialeervaut of the
crown vr, re justified by the e'rcanistanee be must leive
others to judge; but certainly such comments would never
doter him nun giving protection and aid to en honest and
unfoitunate bankrupt p'aced in so cruel a position as
Saunders wan. The rontmesta of the peen resulted in his
roteivine letters font teeny of the woot rope-table
inksbl-
t:mte of Thuile, all dole/nig their sympathy tor the beak-
rapt, and their respect for bun as as heat tradesman, whom
they had known, some for 10, some 20, and some 30 yen.
Amongst the writers were the vise, the churchwardens, and
the medical practitioner of the place. The lard gentleman
said he hid known hits for 60 years. Hie Honour was L lin-
relf ',attend that the bankrupt was as bent a bankrupt as
ever slip and in this court. He aymprithired with hint in
his misfortune, sad gave him a Ent root nett& de, with
tittles staislttoton to herelf, and be d tubted nut that
'tniefortuxe would meet with outvote,' eynipathy in the
email community when ha had pasted his drug Ifs of honest
industry.

INSOLVENT DEBTORS COURT.—F4s. 4.
TME VACS= COMMISSION'S/RIP.
It wee general/y supposed Wt Mr. Warren, M.P. (the
Recorder al Hell) would be appointed to the vacant tom-
mlosioneseldp, but ft Is undireteed the hon. gentleman has
&abut the east. Mr. Edward Cooke, the county court
Jed" it la Nehl.ls lady to be appointed, and among the
amass anintkeed 4 that of Mr. &mood, the DITTIELIE.
IN RS SIITHVII TRIDIM•ND DR NEL MANN.
This insolent, who had pabliabed, in the saran of Artier
Nunn, "Thu Intsrnatiosel Handbook Railway end Blesna
Guide," was opposed by Mr. Dowse and Mr. &mod, bx
acditors. Mr. ReA supported.
In 1866 the insolvent was • bankrupt, whoa his debts tad
Hal:1110e were 26,0001., and again in 1057, when dm" pen
16,0001. He sow owed upwards of 6004 and ettribules his
falai to she loss saMalned The Istrnetkinel

It wind OM OM idadvad bad (MAW big adieu.,