The Express.
London, England, 1850-12-23 00:00:00

LAW INTELLIGENCE.

THIS DAY.

COURT OF BANKRUPTCY.
Barer. Ma. 0011111820111 i HOIAOTD.
11l J►amra.—Ta■ DAarroan Saviros BANK

if partially kept epee, it would only be by means
of new and inexperienced bends • the public bet
subject thereby to the risk of' delays and acci-
dents, which it is the duty of the directors by all
practicable means to prevent. But while thus endesortoir;s4
to ensure the good order sod seety of the line, therms
of the notice (now objected to) provide thet sny es:gins-
man who desires to make • bona fork engagement with
another company, or who shall propose to go abroad, or,
in feet, shell wish to gull the company's service for any
valid reason altogether unconnected with a general s•rike,
the um -I fortnight's notice will be deemed sufficient. It
must be remembered also that the old enginemen are not

His Hewer gave judgment its thu case, which has teen
se frequeally before the cioert. He said be had deferred
Judgment to inquiries to the puticulan of a case before the
Vice-Chanoellor, in which a baokrupt bawd Wakefield had
had his seettilaree refused, and on appeal the 266th section of
the art had not been brought under the consideration of the
Vice-Chancellor. Here the bankrupt was charged wi h fraud,
under the 3rd clause of the 256th section, and with contra@ -
tor debts after his defalcations had begun. The criminality
of his conduct could not be denied; but it was urged that
such misconduct was net in ha capacity as a tracer, and was
therefore not cognisable by the court. He bad to consider,
therefore, whether the bankrupt had committed any offence
under the 256th section which only came into operation in
October, 1849; also, whither the 198,11 section wee confined
to any particular Class of debts in cases of this kind.
After quoting from the preamble of the new set, and the
198th and 266 clayey, his Honour observed that the weeds
" u a trader," were not found in the earlier bankruptcy
acts. They first occurred in the 13th end 14.11 Charles 11.
The teems, ' trader liable to brume bankrupt," were first
used in the act of 6 George IV.. and were repeated is sub-
sequent acts. Hence the word " trader" was 'generic) term,
denoting the class of permit liable to become baokrapt;
and the conduct of any each person, " as a trader,"
meet therefote be considered M • wide sense. The law made
no distinction as to the debts of a bankrupt when contracted;
it had been held that a commission might be supported
by • debt contracted before the trading commenced, sad
on an act of benkrutecy committed atter et had ceased; and
Lord Chief Justice Tindal had held that even prima'. debts
contracted not for the purpose of trade must be treated in the
same way as others. Hs thought, therefore, that the conduit
of the bankrupt generally must be considered, and that he
could not be allowed is put elf or take or the character of •
trailer at pleasure. An the legi,laiure contemplated his
conduct both before and after the back-uptcy, it could not
toter to mere trading after the banknap.oy, when it
had ceased on the bankrupt's owu see unt. The clauses of
the 266th section showekthat the 198th section was meant'
to refer to conduct in general; for it wetted a variety of
efsneee which might be committed by the bankrupt as a
trader. The term " e induct as • trader," in the 19811 sec-
tion, could net, consistently with the 256:h section, be
sonfined to conduct in the course of • trade. The con-
struction was that the court was to d the conduct
of • bankrupt as one of • class of persons amenable
to that court; and in certain cases the certificate
must he refused or suspended; in others the court
wee to jadge of the cases. Te adopt any narrower construe.
tioa would be to ercourage fraud and to moist benkrupte in
defeating their creditors. Jardine bad succeeded to his
father's business as • draper, and bad been actuary to the
savings baok above thirty years, that as assistant to his
father, who bad founded the back, and then on his own
mount. He had lout enjoyed the respect and es'erm of hie
townimen, and had been selected to flit various offic a of
tryst. He had pecuniary difficulties to contend with,
&rigor from reduced trade, and was then temyed
M apply the moneys of the bank to his own use.
He had no doubt meant at the time to repay the
money se abstr.c et ; indeed, he bad repaid some, but only by
means of fresh applications. It was urged that be bad severe
Isom from contagious sickness in his family, but nothing
wield justify a system of fraud supported by artifice ar d con-
trivance. When money was brought to the bank he 'wend
it correctly in the depositors' hook, but act io
the cash-book of the bank ; and hence thou sums
were omitted from the ledger. Instead of being an en
ample of integrity to others, he had shown a wretched
regardleuness sat what was due to himself and society, aid
had carried on this system of fraud tor about five years. At
last, when no longer able to go on, he had made an assign•
great of his property to the trustees of the bank ; and, could
this have been carried out, the general creditors would have
fit notkirg. Had the trustees beet allowed to claim
from this estate in full there would have been no assets fer
the creditors. The bankrupt had been • man above in•pi-
don. How humiliating the position in which he now stood !
No vice so much affected the character of a trader as the
want of probi y. There was no mere Unreel at purpose
than that of savings banks, and if any fund ought to be
beyond the reach of suspicion i' was that which the poor with
filmset heroic fortitude had been able to treasure up against
the hour of want. This bankrupt owed above 2,0001 to the
'leviers bank; end the court bad now to consider the base-
ness end dangerous tendency of the off- nee, the deliberation
with which it bad bees committed, and above all, the im-
pompom of sustaining the confidence of the working
classes in these institutions. This was one of a
numerous clue of cases showing the want of a public
prosecutor; notwithstanding the grievous offence the bank-
rupt had committed, he had not been brought to justice. It
would be a monstrous perversion of the bankrupt laws to
grant a certificate to such a person, who had long carried on
a heartier species of grand, and most mischievous in its
consequences, and bad only supported his trade by the funds
thus obtained. He lied been guilty of the offence specified
under the 3rd clause of the 258th section, a. 4 that in a very
aggravated manner. The Certificate must therefore be

required to subscribe to the notice. The directnn repeat
that they have no intention by this measure to reduco the
enigma old and tried hand., nor to rb:ain tt.e sinners of
those who are disposed to sign, for a lower rata of wages
or remuneration than what similar duties are terformed at

; nor do they grudge the present high wages of
seven shillings per day, u she reward of long and faithful
service; but they aspect in return a zealous and cheerful
obedience to rules and regulations lamed in a liberal spirit,
and calculated generally to establish a system which will
ultim►tely secure the regulari.y of the line, thy safety of
the pubUc, and the well-neing of the whole concern.
" The second resolution must be considered as answered in

the reply to No. 1.
" No. 3. ' That no enginemen shall be forced to take any
hut his own fireman,' die , die. The committee will engage
that every ear/iceman shall be provided with • competent
and efficient fireman ; and, as a general rule, as is the custom
now, they do not object to their remaining together. But
they regret that they cannot be bound, under all circum-
stances, to comply with this demand of the enginemen, as
it would be surreede ring their undoubted rieht to the con-
trol over their own servants, as well as yielding to a dicta-
tion, which would be subversive of all discipline in the
establishment
" No. 4. • That thou men who have been redo-ed for ob-
jecting to sign the three montr s' notice ha reinstated in
their former poritiona.• The committee deny that any regis-
tered toe ineman or fireman bas been reduced, or is intended
to be reduced, for refusing to sign the three months' notice.
They avow that they will give a preference to all those who
are candidates for promoti m, who are willing to conform to
this reasonable regulation ; and they are determired to keep
faith with any who have signed, or who may hereafter
sign, under such expectation, provided they are deemed to
be equally well qualified to undertake the higher duties as
others who decline to sign.
" HA111:111LN EARLE, Chairman of the Locomotive Com-
mittee of the Northern Division.—Liverpool, Dec. 21."
Upon this reply Wog received, a number of the Liver-
pool men took the opinion of a professional gentleman as to
the effect of the 10th rule in the book of regulations ifAUVi
for their guidance, which says—.. No servant is to relit the
company's service without giving fourteen days' IxeTlolll
notice, and in au he leave without such notice all pay then
due will be forfeited;" and were advised that if they were
welling to submit to the forfeiture, they need not give any
notice before quit.ing the company's service.
If, however, they should attempt so summary a process,
we are inform-d that (under the advice of counsel) they will
probably be indicted for a conspiracy by the company, as
attached to the book of rules is the following agreement,
ender which the men torment to be bound by any regulation
adopted by the company, which the proposed alteration in
the length of notice is contended to be :
" I, being this engaged es in
the Loudon and North Western Company, do hereby bind
myself to observe and obey the foregoing ruLs and regula-
tions which I have read (or heard read) and understand, and
all others that may from time to time be issued ter the
better government of the company, so long as I remain a
servant in it."
That some difficulty might arise on the rule we Dave
quoted above &opens to have been felt by the aloes of the
company, as in a copy of the rules, corrected in S.pterober
last, and lately issued to the men on the southern division et
the line, the words, "and in case he leave without such
notice all pay then due will be forfeited," are °mitt. d ; sod it
is urged that the corrected rules not yet having been circu-
lated en the northern division of the line, the men on that
division are not bound by them.
Acting under the legal opinion we have above referred to,
the men of the northern divalent of the line had a aerating
at Liverpool on Saturday, at which it appears it was resolved
to leave the company's service on Monday (this) evening ;
but prior to carrying that resolution into effect, it wee
deemed advisable to take the opinion of the men en the
southern divine's of the line, to whom the regulation does
no' at present apply, on the subject. Accordingly a clamo-
rously attended meeting of the men employed on that per-
tin of the line between London sod Birmingham thole
place last night at the It iiloay Tavern, Hanipstead.road,
when a deputation from the men employed on the northern
division having seated their case, a long c iscussion lock
place, which resulted in the following resolution being
pseud:
That we, the engine diivera and firemen on the southern
division of the London and North Western Reileay Com-
pany have heard with regret that a dilfetenee has arisen be-
tween our fellow-servants on the northern division of the
line and their lotemotive superiutendents, owing to a recent
regulation having been issued that the engine drivers and
firemen, prior to leaving the service of the company, shall
henceforth give three months' notice, instead of a fortnight
as hitherto; it,tl that, uwing to the superinteadent having
refused to withdraw that regulation, a portion of the eine se
men and firemen on the earthmen division of the line have
expressed an e pinion that they ought immediately to resign
their situations. We, the engine-drivers and firemen of the
southern division of the line, having taken into considera-
tion all the circumstances of toe eve, do hereby
express our opinion—while deprecating the proposed
alterations in the rules under which we act, the
more especially se, owhig to the stringency of the
field clause in the agreement attached to th .se rules, we
are bound, while we continue in the service of the com-
pany, to conform to all regulations " that may be from time
to time issued for the better regulation of the company "
however tyrannical those regulations may be—that the en-
gineers and firemen of the northern division of the line
ought not to resign their situations until a memorial, stating
the grievances under which they labour has been presented
to, and an answer obtained from, the whole board of di-
rectors having the fullest confidence in their jnatloe and
in their desire to redress any preyed grievances under which
their servants may suffer. But while expreuiing this opinion,
' we do further must respectfully protest against the adoption
of the new regulation on the northern division of the line—
believing that if once curled out upon one pennon of the line,
It will be applied to testy engineman and fireman in the ser-
vice of the company, and that however emphatically such
en intention may be denied, its object is, and must ulti-
matt ly be reduction of wages, and our body being destroy. d
'dement by a graded introduction of new hands, while
we tae bound to the company for the lengthened period of
three months—a conviction in which we see confirmed by
the express on in the circular of the locomotive committee,
" that they do not grudge the present high wages of 7s. per
day ;" wages which, looking at the length of time we hove
to verve as firemen and engine drivers before we can expect
to obtain them, we can only regard as lair end reasonab:e for
us to receive sod our employers to pay.
It will be therefore seen that the men employed on the
southern division of the line, who had a contest with their
employers abut two year. since, deprecate any strike taking
place null the opinion of the board of directors, on the order
of Mr. Trevetbick, has been officially obtained.
We feel bound, however, to state that we are informed
that the managers of the line are prepared, if the men
should unfortunately carry into execution their threat of
resigning on the northern division of the line, to follow the
example of the Eastern Counties Company, and reduce their
trains rather than submit to such an enforced dictation from
the men; but we sincerely hope that when the directors sod
the men come coolly to corisider their respective positions
' each an adjustment of their differences may take place as
will prevent the nuns-its of mouth being had to a measure
' which must prove alike injurious to the iiiterests of the coin-
. nue.. of the public, and the men thetuelese

THREATENED STRIKE ON THE NORTHERN
DI VISION OF THE LONDON AND NORTH
1 WESTERN RAILWAY.

The subjoined document will. explain the position
summed by the enginemen and firemen employed upon the
northern portion of the above lines, in relit/nos to the
directors charged with the supervision of the locomotive
arrangements from Birmingham to Liverpool, and from
Holyhead to Carlisle.
The (sets detailed will maks the public aware of the
ground of difference, which arises from the very natural
desire of the directors to provide, by an adequate and equita-
ble notice both against the chances of sudden and factious
poppet's of the working of the line by • strike on the one
hand, sad the possibility of unjust end too summery diossis-
sals of the men on the other.
The public will hardly be prepared for the aonouncement
that the men have threatened not merely to strike at the . ad
of 14 days ; but peeltirely to deeert their engines at the end
et 24 hours only, if their demands be not complied with ;
and that (though there must be some faith in their men
cooties to their lenses) it is not impossible that part of the
grand through communication of the ceurery„ine.luding the
mail route to Ireland, may be stopped for the time required
safely to replace the drivers.
The fact that the drivers can compel in this manner the
responsible managers of a company either to work their
lines for a time with men hastily called together, running all
the risks of safety, or to stop or materially to curtail the
communication until a new organisation can be made—and
this, too, on the great highways of the country—proves the
expediency and public importance of the long coupe, which
has ceased the emlearreasment in this case.
In any ease, the public ought not to remain liable to have
travelling suspended and the posts stopped by a workmen's
.1
ll) 0
nu .
The theolutions of the bleak which are concise and
explicit, are confined to four paints only. To the last, the
chairman of the directors' committee gives an explicit denial ;
therefore, pending further evidence, we will °mint,* ourselves
to the remaining three paints and the replies. Pint, then,
"that the three months' system be abolithed." Why ? It
does not appear that the old hands are called upon to sign It,
or to alter the terms of their existing eogsgensents, and It is
stated by the directors, in terms which do not admit of a
doubt, that it is not contemplated to do so, or to make the
slightest reduction of wages in any event.
2. 1 hat all theme men who have tigned the three months'
notice, their signatures shall be erased, and they be placed in
the situation they were in before signing the three months'
notice." In other words, that deliberate engagements he- p..—,,
moire the company and one class of men be torn up at the
dictation of another; and that any man who may have been AVLOStritT ELLE:MR.—Mr. f3erjeant Bylea has
promoted be at once reduced to his old station, because he retired from the field, withesteren explaining to the electors
the reason. There can be little doubt, however, that he
has to think It as much for his own advantage as
we deem it to be for that of the company and the public, that found protectionism was scarcely palatable, even to the
farmers of Bucks. His acknowledged unitarianiem, be-
e long notice and some degree of permanence should exist
where new lines may be stopped at the will of a very mail sides, was a severs blow, for clergymen isstvn'ly withdrew
part of the men engaged In working them. their support. A protectionist address to the eletrors sp.
No. 3 calls for no remark, it is simple—dictation.
may be able to peered on Saturday morning, from a cousin of Mr. Gore
The managers of the railway eve to their proprietors and Langton, who married the daughter of the Duke of Buck-
the public a duty which the tone and reasoning of their reply implant. Footle believe this to be • very ill-advised step,
give us good reason to believe they will perform with justice and It Is more than probable that Mr. Calvert
and &name. dispense with a poll The nomination takes place on Thoth-
" LOWDON AND NORTR Wirflilf RAILWAY. day next.
" The eagiamen and firemen of the northern division
HODES OP CLOSING THE ROYAL EXCHANGE.—
having made • formal complaint to the superintendent of sun- This day a memorial is to be presented to the Gresham
dry alleged_mievancro, the directors of the locomotive corn- committee from IRO IllfrOholitf, bankers, traders. and others
mitts', cat Tuesday the 17th Dee, meta deputation from the who fr. quint the Royal Exchange, requesting traders;
the gates
enginemen on the subject. At this meeting the followini of the building may be closed at an earlier hour than the
enginemen attended to explain the sentiments of the genus present. It has been for some time under consideration
body :—J. Murphy, T. Btockdale, John Tnehingham, J. to apply for the alteration of the time of closing, in come-
Waterworth, J. Allen, B. Butterworth, G !
Bates
eorgaim.l.Jameg %seem of the important increase of rapidity of cemmunioa-
Turner, P. Cattail', Joe. Bowman, B. Wi aTO this twin, which renders the etis.ieg dilatory practice quite un-
deputation the chairman of the locomotive committee read necessary and inconvenient. The memorial, which is signed
the following ' Copy of Resolations,' which, with other by • vast number, including all the eminent merchants and
documents, had been transmitted to the directors, viz.: beakers, signifies their wish that half path 3 should be the
" ' A copy of rosointiGne agreed to by the enginemen and hoar instead of half pas- 4, so that the Exchange may be
Immo& on the London and North Western Reilway,northern rthisely aid finally closed at 4. We understand that the
defiles :—lst. That the three laciathe system be abolished cord Mayor is to present the memorial.
statelier. Zed. That all those men that have signed the CARDINAL WIBEMAN held hie primacy ordination
I dues sheaths' settee, thole signatures shall be erased, and
on Saturday morning, at the Roman Catholic Chapel,
they be pieced In the n..lSSnis they were In before signing the S ish•place. The announcement drew together many
three menthe notice. cord. That no engtheman shall be San
who seemed eager to hear the charge which his
enforeed to take any but his own fireman, except la thee of emmt
emergency. this being continually named, to the lemon-
this expectation, however, they were disappointed, the Car-
Acetonic* might deliver to his newly appointed clergy. In
sign 4 t li.
the T h at th triteeco sem
omnethn
.7 who Dave
min-
vbeeennierned"Rofoodthfeoranoteetnimin.gito.
stated in their former positions. ordained, and several other persons were adroit ed to the
dinal dispensing with the usual exhortation. One priest woe
order of deacon and sub-deaeon. Pontifical High Mass nee
" The committee then inquired whether these resolutions ed, and the Cardinal was assisted in the ceremony
nertertlY set forth the views and "stillest. of the nufff°•• given' pests of the newly constituted " Archdiocese of
men • and the reply was in the affirmative ; after which a eetathater."— Weekly Cheoniels.
long 'dismission took piece with the deputation of eosins-
ROYAL COLLEGE OP SURGEONS.—The following
men, at the elms of white the committee stated that in order
gentlemen having undergone the necessary examinations for
to avoid say error or unintentional misapprehension, they
would, after dna consideretiou, send • written answer to the the di
meeting ploma, were admittted members of the college at the
5..., myna of the comet cif ciao:Mien on the 20th instant:—
demands 'a 111* .2"' " declared la the --la Messrs. A. Carson, Coleraine, county Derry ; Robert Wal',
above resowied. he following le their answer
"la regard Mae ast resolution,' That the three months' Cork; B. Spooled, Brockenh, county Doneguli T. 3. B.
BMWs Darellester ; B. Roberts, Dyfflyn Ardula6 Me-
notice be abolished altogether ' the directors will repeat now dessasian. T.
J.
Joan,
Aww,oh.
Ano ,
.;
3.
.a.s..
what they stated dulcetly to 'the deputation of enginemen— _
that due system recently introduced of registries from all new xi 14 W. Jones, Chichester; 3 M Brighton •
sekney ; • J. sane,
'lt t At
engtheaten and new firemen three months' notice before F. Hudson, B'o,3Perte end 3. B. Binders, Mane es ere
quitting the company's service was not adopted, as supreed the same meeting of the court Mr. 3. W. Blight pawed his
by the deputation, in order to bring about • reduction of examination for naval surgeon.
wages, bat simply with a view to obviate the acknowledged UmBEELI.s.—It was introduced to Bristol about
bull of a sodden stoppage of the line, oceresioned, perhape, 1780. A lady, now eighty-three years of age, remembers
by some misunderstanding between the engisentan end the its first appearance, which occesioned • rat sensation. Its
to
superintendent. It must be evident that without Weer was red, and it probably came m Leghorn, with
the protection of such notice, the whets sommordal and whisk place Bristol at that time maintained a great trade.
cola
unerannkiation between Zeeland sad fiest. has been called Bristol on a visit to Italy.— Nora
and Ireland, slight Do wadisaty suspended, or trresries.