The Express.
London, England, 1850-01-28 00:00:00

LAW INTELLIGENCE.

THIS DAY.

QUEEN'S BENCH.
The al-brsted ease of Barber was proceeding at this court,
and is likely to lut over to-day.

COMMON PLEAS.
SITTING% IS MAII,O.—MLAMI LoaDdnes tires . MIL itITICZ
tree Le, Ma. J ems Caseinirrit, ANL, Ma. Jcsnca Ws LLIAXL
CUBDITT T. PURDY.-ATTLICATION TO DISCHARGE Tit
DCTIJIDLYST OUT OP CUSTODY.
Mr. Parry moved for • writ of habeas corps to Wag
up the body of the defendant into this coact, in
order that he might be discharged from White crow-street
Primes, to which prison he bad been committed for 40
days by the warrant of the j udge of the Bloomsbury County
Coast, The learned council raid he had made a similar ap-
plication to Mr. Justice Ede in the Bail Court, who em
premed • strong opinion that the defendant had been im.
properly
committed, hut thought that the matter ought to
brought
before the judge of the County Court. The
debt owed by the defendant to the pla'ntiff, Cep
taro Cabbitt, was twenty pounds, and on the Ilth
of January, IS-19, an order was made by the judge of the
Bloomsbury County Court that the defendant should pay
the 201., and 4/ 19a, fur cons, and on that occasion be was
examined touching his means of paying the debt and costs,
and the manner in which he contracted it, and it appeared
that it bad been contracted under false pretences, and that
the defendant had asnigned his property in fraud of hie ere-
ditors. The defendant then applied to have his case ad-
journed in order that he might produce evidenoe,
and its bearing was put off until the 19th of January,
1849. Upon that day, t' e defendant not appearing, an
order was made for his commitment to priisn, jell meat
having been given against him on the 11th, ordering him I.
pay the sums of 201. and 41. 19a. The warrant of commit-
.

meat, however. bore date the 11th of J W
~ 1850, and
upon its authordy the defendant had been arrested. The
learned counsel said that he moved upon the affidavit of
the defendant, which set forth that the reason
why he did not appear at the Bloomsbury County Court on
the 18th of January, 1849, was because on the 12th of
ary, 1849, lie had been arrested at the suit of a person of the
mane of Taybr' and takes to the Queen's Prison. The afil•
davit then west on to state that on the 15th ofJaanary 1849
the defendant filed his petition in the Insolvent Co urt,ar d that
be finally obtained his diecharg upon the 2nd April, 1849, and
the debt and costs due to the plaintiff were entered in his
schedule. The learned counsel now submitted that the debt
sad ears due to the plaintiff were extinguished by the dia.
charge of the derendent by the Insolvent Court, and there-
fore the judge of the County C4urt had no right to commit
him to prison, u he had received notice on the 12th of April
that Purdy had obtained his discharge under the Insolvent
Debtors' Act.

The court expressed their opinion that the intimation of
the defendant's discharge under the Insovent Debtors' Act,
which had been swot to the judge of the County Court, was
not eufficient. The matter ought to have been properly
brought before the court, and a notice to the judge was
altogether imperat:ve.
Mr. Parry then proceeded to contend that the warrant of
commitment was bad upon the face of it, because it did not
state that the defendant had been summoued to appear at
the County Court and show came why he should not be
committed to prisen, and also that there was no statement
upon the face of the warrant that the defendant had been
examined upon oath. The learned conned further ob-
jected to the warrant of commitment. There were two
offences stated upon the warrant; erne was for contracting
the debt under tabs pretences, and for fraudulently u•ign•
fog his property, and for thaw two offences one penalty only
wee adjudged, which use forty days imprisonment. The
punishment could not be said to be of a distributive nature,
and therefore he (Mr. Parry) submitted the warrant
was bad. The offence was stated in the 'Perna.
tire or disjunctive. The warrant eat forth that the
defendant had contracted the debt without any reasonable
means of poying it, and had made a gilt delivery or transfer
of his property. It was clear that the offence was stated in
the disjunctive et alternative, and therefore the warrant of
commitment was invalil. The learned counsel said that, be-
sides asking their lordships for a writ of habeas corpus to
bring up the defendant, he wished to have a rule for a
airtime:l to bring ye the order of the County Court of the
18th of January,lB49.
The Lord Chief Justice said a rule to show cause for a
habeu corpus end for a certiorari would be granted on the
first end last objections taken by the learned counsel. With
regard to the objections that the defendant was not exa-
mined upon oath, and that the penalty could not be made
distnbutive, the court thought they were not tenable objec-
tions.
Rule nisi granted.

COURT OF BANKRUPTCY.
Bk. uta Ma. Onniusioxu llotauru.

IN al GINSON AND Ilvturr.—Txx ST. ALDAN'S AND
HISITPORDSHINZ BANS.
This was the day appointed for the adjourned hearing of
the bankrupts' application fee their certificates. Mon the
former occasion Mr. Bagley and Kr. Linklatse opposed
Gibson, on behalf of creditors; Mr. Lawrence supported
Gibson; !hurt was unrepresented.
The proceedings should have commenced with the further
examination of Gilson ; but Mr- LIWTACCO pot in the fol-
lowing medical certificate of his inability to attend :
This is to certify that Edward Gibson, Esq., of this
piste, is now suffering from a sudden and severe attack of
nervous irritability, with febrile disturbance of the system,
which confines him to his bed, and renders him totally unfit
to attend at the Court of Bankruptcy to-morrow, to undergo
further examination.

" J. M. LlPBcomm, M.D.
" St. Albans, Jan. 27th, 18.)0."
Mr. Licklatar said as Mr. Cutbill, the manager of the
Commercial Bank was present, he would ask him a few
questions.
Mr. Cutbill deposed that he had a communication with
Mr. Gibson previous to the opening of the bank of Gibson
sad Stott. He did not recollect Gibson saying that it would
be madness to gn into a bank without capital. It was his
impression that Gibson was worth about 20,000 L, and that
Bturt had no means. A remark was made that, though
Gibson had money it wee sat out, or in bond, and It was
asked that the Cisme/ski Bank should advance some
mew ea security. 1,600!. was advaneed, end a joint and
wowsl promissory note, signed by Gibson and Stun, was
gives. Oa Aug. 3, 1847, mother =tees similar ascription
waren. Towards the laver pert et Ike hales eireet be often
saw Mr. Gibson, not having semi Mho man than ones a
month previously. The state at their essenet with the
Commercial Beak did not beam unsadafestory till
within a year of the Prier to the jeer
1847, be had complained le both MohoU7 sad La
writing, of the state of the beak. ut three seethe be-
forethe bank stopp'd, it was said the litigation between
Biqa and Start would sleet the bask. Them woe en user-
ante, however, that it would mks se diferomm. Gibson
did set leave the impels*. Met the bank wee benefited by
it. During the latter period, be had 6.ausadv somplained
to Skirt about the account between the two but made
so Inquiry as to Gibson's positima. At the stoppage their
amount was overdrawn 2,0004. or 3,0001 , ezdumme of the
bill for 1,6001. Afterwards penal/WM was asked of witness
to pay the notes In calculation. Resolleeted Mr.
valuatioa of Oitoon's property on the 30th of December,
1847; the result was stated to the credities at the saciedag
on the 4th January, 4848. Before that woodag. Gibson
proposed to pay the note•holders, and repressntat=Z
been sad* that he was perfectly solveet, the
Bask sweated. Coulees valsatios showed that the bank
was not amend to the extent of 6001. Mr. Page also made
a valoation, which eameded Collier'. by 6001. or 7001.

Mr. Walker, Mr. Gibson's solicitor, remarted, that there
might be a defteleccy to the West of I,OOW. la the bet k
amosit, but that it was not very probable; and that if it'
was Gitatou's friend, would mike it up. The Commercial
Bank had claimed against the separate estate to the extent
of 2,2001.
By Mr. Barley. —The communication between Gibson and
the Commercial Bank with reference to Stun, was solely as
to ifflarnoter, and no impression was made that Start was pos-
sessed of 6001. or 4001. a year, but the contrary. It was the
minim of London bmkers to discount their customers' seas
Hie Honour observed that es amounting wu not so bed
as redrawing, but it Increased the liability.
By Mr. Lawranre—The advance of 1,6001. wu made and
the amount allowed to be overdraws, on the faith of Gases%
Property. In claiming a lieu on Gibeon's property so dis-
tinction was made between cash advance, and the amount
overdrawn. The Commercial Bank also held a large quell-
thy of " short bills." The claim of 2,2001. was the balance
between the valuation of the property is open has& and the
mount subsequently realised. Had kissers Start as mer
nager of the Loudon and County Bask, Gravesend, after-
wards of Muskett's hank, at fit. Alban's, which had an as.
count with the Commercial Bank.
By Mr. Bagley.—Bvery facility was afforded by the solid-
tor to the Commercial Bank for the sale of the property.
By Mr. S.urt.--fitart's leaving the London sod Cons.
Back was voluntary. Did not wish to eve an opinion eel"
the propriety of his entering tate the hank with eiboolli;
not being sufficiently acquainted with the feats.
Mr. Ltoklater summed his readiness to bring the case to
a close without the farther examination of Gibun.
.

ware the gout. • "'
r. Liwrence concurring, and Start claiming the right
to cross-tzarists' • Gibson, to rebut, as he s.id, the imputa-
tions which had beep thrown out against Was, the cm was
again adjourned for a fortnight.