The Express.
London, England, 1861-11-26 00:00:00

NEN MT.

.% thend had been executed by the alleged lenkrupta ou the
rith d octoher, in the form given by schedule 11 of the act,
Iwisg an .."illnnn ot .4 all the property of the traders
to two trustees. Th.: 28 days allowed by the set had
xpired, and the deed had not Leen registered. It was sot
stamped ; and the question waa, whether it could be
oveived in evidence to support an adjudication in bank-
ruptcy, notwithitanding the words at the end of the 1114th
section, " and in dettult thereof (registration) &ball not be
received in evidence."

Mr. Reed, who hint preeented the petitioo for adjwlica.
tiou, contended that the deed was admissible to prove an
act of bankruptcy, and cited "Coppock v. Bower"
L T. Ex. 9), where au mistampeal instrument
had been allowed to be given In evidence,
notwithataeding the stringent peivisions of the Stamp Acta,
in prof of a corrupt sgreemeot for the return of a member
of lerlianient. Here the object wan to show that the deed
in question was void at law under that section of the act
which mole a fraudulent transfer of property ea act of
bankruptcy.
Mr. laoklater, representing some of the creams, cootie.
del that the deed, being unatarnped, and Dot having been
regritered, could not, in the face of tho very positive en-
ictment of the 194 sec., be given in evidence for any put,
1,..e whatever.
The t oninzianiiver —Here the deed is not put Is evidence
with the view of supporting it, but for the of up.
Hang it and making it so act of bankruptcy ; ore, I
think it must be admitted. It is the mine thing as
admitting a ',reed note iD 'eidetic' to prove the
forgery, though the note ii not stamped. Nothing
can go to preveut fraud being exposed. I have done the
same thing over and over again, admitting deeds iu *vi-
deo's which were not stamped, and upoo the same prim-
elide. It is not now sought to make the deed operate as •
transfer of property, hut to establish an act of bankruptcy
by which tho property will be secured to the creditors. Yoe
this particular purpose the deed is clearly admissible in
evidence. Those words at the cod of the 194th section
must nevemarily apply to scams where the deed is sought to
be put in evidence for the purpose of enforcing it am •Iwpd
damning ; sad they do not apply to cake where the deed
is put in evidence for the purpose of upsetting it aod making
it au act of bankruptcy. To bold otherwise would create •
„lent deal of mischief ; fur use of the most frequent acts of
bankruptcy would be reiadered a nullity. This is not as s(.
baud but we which I have entertained ever ohm
the parsing all the art.
The adjudication was accordingly made, bottle theappl6
cation of lir. lialtiater, who stated that it weld be
the advert/meat was stayed. We aseadislyinill
names in oar report.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

OLD 00IIRT.
(Before the Reeesehr.)

Ames, IS, a geutest-looking bI I, plesJed guilty
to a clam of ideakieg • csall•box sad the ProPertl of
his musk,.

It appeared that the priemier wan in the service of the
prosecutur, but bad been discharged. and he afterward.
availed himself of his knowledge of the prosecutor's premise.
to get into his house and steal the money.
He was seuteeosd to nine moethe hard labour.
JoAn 4yling. 15, was ladlesl for stealing • 101. and •
v. note from the till in the shop of his neater, Mr. Thom.;
al Harking Churchyard, H itch.
Mr. Orridge appeared to sueduct the prosecution.
It appeared that the prroeer was in the employment of
Mr. Thomas as -boy, and on the 28th of October
Mr. Tto lame great eat timers sail Left in the till, amongst
ether meaty, a IW, sote and a 51. Dote, which upon his
return on the 10th of Nui ember be Load were missing..
He piestiosed the • upon the subject, but he denied
all keowlectis el metes • but on bang pressed very
touch, be mid he bad cheesed the 51. note at Mr. Bentley's
who is a neighbour, and that he had given the money to a
sailor, and afterward* that be bought a purse fur four.
peace *oil put the rummy in it, and lost it on Tower-
bill • but ultimately he said be had bidden it
in the cellar of his mother's house, upon which
Mr. Thome at once proceeded to the house with
the prisooer, and spoil • tram in the cellar he found four
sovereigns sad two half-sovereigns. The prosecutor then
asked him what he had done with the 101. note, and he at
Mat maul that he bad sever seen it, but he afterwards said
be bail bidden it is the dosthole, and when the duatbole
WM. nearly emptied; be said he knew nothing whatever of
the mite ; and thee, while he was down in the cellar, that
the dog brought he/I the note, amid he buret it over the gas.
The prisoner, in his defame, said that be was sweeping
out the shop when he foetid the bl. note, and he changed it
At Mr. Healey's, telling him it was for MeThomas, arid that
Sir. Thomas did nut ask him anything about the 51. note,
but asked fat a 101. note, which he knew nothing shout,
and he told him be had bawl • note which he had changed.
and pot the roooey in the caller, intending to gine it to him
es his retort..