The Express.
London, England, 1868-12-28 00:00:00

LAW INTKLUGENOIL-alliS DAY.)

COURT OF BANKRUPTCY.
(Before Mr. Ooemnimioner Baum.)
rioncnarinass ON A TIADNI DBMS SIINNOWN.
Mr. Munns appeared foe the plaintiff in this osse,:where
• sumo= had been taken out for 4701., due on • bill of
exchange. Muss the summons had bees taken out the
debtor bad signed a deed of composition ; but the deed
bad not been registered, and was eonesgneatly no answer
to this demand • notwithstanding this,he understood the
defendant meant to rely on it as • &stenos to the action.
The Commiteicaer —Re cannot plead to it. If he swears
to it as • good defence he swears what is untrue. If he
swears that he has a good defeat* to the action it must be
on some other frround. If by a good defence he mains
the deed which he intends to perfect, it is no defence at
all.

Mr. Ditton, who appeared for the debtor, said that the
writ in the action had not yet boen served. The deed had
been executed by the requisite majority ; that appeared
by him client's affidavit.
The Commiesioner—lt appears to me that it is a very
rash affidavit for him to make, because non (*nada that
the requisite number of creditors will ever assent.
Mr. Ditton—They have assented.
scisece
The Commissioner—well, it is a matter for his con-
.

Mr. Ditton—lf the plaintiff serves us with a writ I
must apply to
otter
Ile. in the pound, which is much
more than the creditors would obtain under bankruptcy.
The Commissioner--The defendant must give security.
Idr. Ditton—The effect of that will be that we shall
have a long contest between the Bankruptcy Court and
the creditors under the deed.

iii;---Ccelnsissioner--7-I,ot in the least. The bond is to
pay such sum as you may be called upon to pay in the
action brought against you. If the deed is perfect and
complete, you can plead it to the action ; therefore no
wrong is done. There is no conflict; there can be no
difficulty about it. You give security; the action is
brought; then, if you have completed your deed, you can
plead it.
Mr. Ditton—Will your honour aijourn the summons ?
The Commissioner—No. Why should the plaintiff be
deprived of hie legal remedy To me it is as plain
as a pike-staff. I have explained to you the prin-
ciple on which I act. It is because the defendant swears
that he has a good defeat* that I require him to give se-
curikrupt.ty. If he did not do so I should adjudicate him
ban
Mr. Ditton—Then your order will be that my client,
within a certain time, shall give security ; otherwise it
will be an act of bankruptcy P
Mr. Munne—Will your honour say within three days?
The Commissioner—Let it be within • week. It is
Christmas time. Yon don't want it earlier.

POLICE COITETB,-(THIE DAY.)

MANSION-HOUSE.
AN EXTRAVAGANT EANNAID.

Fanny Wrandoso, a respectably-dressed young woman,
of 18, was charged on remand with stealing two marked
shillings, the property of Yr. Andrew Walter, of the
Red Lion public -house, Clement's-lane, Sing William-
street.

The prisoner had been in the employment of the
prosecutor as barmaid for some mouths, and in conse-
quence of his receipts falling off, he caused some marked
money to be passed over the counter, and some of it was
afterwards found in the possession of the prisoner. On her
box being searched upwards of 41. in gold and silver were
found, together with a quantity of clothing of a vary
extravagant nature, including an opera cloak.
Mr. St. Aubvn, who conducted the prosecution on behalf
of the Licensed Victuallers' Protection Association, said
the society had no wish to press the charge severely
against the priioncr. She had no doubt been led into the
commission of the offence by an excessive love of finery.
The prisoner had been remanded, and in the meantime
her aunt had been communicated with, and she now pro-
init.6l to take charge of the prisoner, who was therefore
discharged.
Mr. St. Anbyn applied that the 41. should be given up
to the prosecutor, as there was no doubt it was stolen ;
but the Lord Mayor said that, owing to a legal difficulty,
ho could not do so, the prisoner having been charged
with 'Waling only 2s.

TIII BYO= 2fl7l2lilcalt.

The muter bakC of the Islin.,ston depot for the manufac-
ture of Dr. Dauglish's patent masted breed was summoned
for using ovens and furnaoes not construeted so as to
consume their own smoke. It may be stated that when
the cue was first before the court the nuisance was ad-
mitted and an adjournment was panted at the de-
fendant's request, so that be might make the required
alteration, and that Mr. Sanderson, the government
engineer, might again inspect and report the result to the
court.

--Mr. Sanderson said that on the 29th July last in conse-
quence of complaints that were made by ths inhabitants
of the nuisance occasioned by the make Irma the &feed-
ant's chimneys, he went to the premises and made ea in-
spection. He found that the furnaces were not constructed
so as to consume their own smoke. At that time fourteen
days were requested and granted so that the required
alterations might be made. At the a: Oration of that time
he found that some alterations bad been made, but
they were not successful, and then four weeks ad-
&Lora.t time wee asked for and granted. As
the nuisance still continued the case was brought
before Mr. Coate, and then additional time was
given the defendant to make the necessary altera-
tions. He had since made another inspection, and found
two of the furnaces in the male stets. Scene alterations
had been made, but they had not bese stscowniuL
The Magistrate asked if there was any difficulty in
making bakers' ovens so as to make them IC consume their
own smoke.
Mr. Sanderson said there was none. He could mention
several large and small establishments where the smoke
was entirely consumed. There were several socatesful
patents at work in the metropolis, and a great saving was
effected in the fuel
--

The defendant said that he thought that Ave minute.
were slowed for the shaft to deal: itself. . .

The Magistrate said the defendant was mistaken, and,
considering this was a very bad ease, he should inflict
the highest penalty for a first offence, viz., 61. and the
COAL

A MAN SHOT AND EATEN BY 0008.-011 Wed-
nesday last the neighbourhood of Ightfield, a small village
near Whitchurch, was thrown into a very excited state
from a report that Mr. R. Whitfield. farmer, of Ightfleld,
had been found lying in a ditch on his farm, shot through
the head. Mr. Whitfield was in the habit of going out
shooting, with his gun and dogs, and on the morning in
quietism went out soon after 'daybreak. He returned
home to breakfast about 8 o'clock, and after partaking
of this again went out with his gun. About twenty
minutes or half an hour after deceased going out the
second time a shot was heard, which appeared to come
from a field near there. About two hours after this
a man on the farm saw the dogs in a field, and
thinking that they were after the sheep he went to
them, when to his horror ho found Mr. \Flat-field lying
dead in the ditch. 'The upper portion of his head was
blown entirely away. One part of the skull was found
bOlllO distance away from the spotin an opposite direction
to where it would have been shot, and Where it had no
doubt been carried by the dogs, who had actually eaten
the flesh and licked the from the head of the un-
fortunate man. The butt of the gun rested on the oppo-
site side of the ditch, and the muzzle between deceased's
knees, as if it had slipped down from his hands after
having exploded. An inquest was held on Thursday, at
the Lamb Inn, Ightfleld. The jury, after some delibera-
tion, returned a verdict of " Found shot, but not sufficient
evidence so show whether by accident or design." De-
ceased was a single man, aged 33. The dogs who made
such a revoltingmeal were shot.
FORTY-Two COWS BURNED TO DEATlL—Be-
tween Thursday night and Friday morning a fire broke
out at the farm of Auchterbead, parish of Cambusnethsn,
owned and occupied by Messrs. Colquhoun, which has
resulted in • severe loss of animal life. The fire origi-
nated in the boiler house, and spreading to the byre, the
whole of the cattle (42 in number) in the llama.
The fire burst out during the night, and accomplished its
work of destruction before the inmates of the house were
aware of their dangerous position, and ton late for any
'mistimes to rescue the pour animals being effectually
made.—Bleigew Herald.
THE SHORT TIME MOVEMENT AT PRESTON.—
On Thursday afternoon a meeting of the manufacturers
of Preston, was held at the Bull Hotel, the object being
to consider what measures should be
the present short time movement. adopted
regard to the position and the prospects of the cotton
trade took place, and eventually a resolution was unani-
mously pained pledging the manufacturers present to run
their mills thirty hours per week during the next two
months ; the reasons urged for such course being the same
as those given at the meeting held in Manchester on
Tuesday. A committee was appointed to make the ne-
cessary arrangements for carrying out the resolution.
DEATH FROM FALLING OUT OF A WINDOW.—
A sad accident occurred in the Octagon, Plymouth, on
Friday afternoon, to a little girl, four-and-a-half years
old, named Hill, who fell out of the first-floor window of
one of the houses into the area below, and received such
injuries that she died the next night. Her parents re-
side in the front room on the ground floor, and she was
playing at the window of the room above with • little
boy, when she overbalanced herself and fell out. Her
sister in the roam below saw something fall, and ran out to
pick it up, having then no ides that life had been en-
dangered. A medical man was immediately called in,
but the injuries which the poor child had received &bent
the bead were such as to render recovery hopeless from
the first.
ClusinerrowN, 28.—The ()Mon steamship
Nebruks, from New York, arrived bore at 2 a.m. today,with 88 mane of wham she landed, sad pro-
embed Liverpool imsmaktsly.