The Express.
London, England, 1861-10-12 00:00:00

LAW INTELLItIENCIL
(THIS DAY.)

.11:1X;ES' ('HAMBERS.
(Before Mr. Jnetiee Keating.)
ioriNNtlest r. v0L1.13.11.
10 Allak-atioti Wu* Made to Mr. Jo...we. Kedting to re-
dour the ah.onat of tail titi..l by the tor:,..trate in thi4
.-.tree O. I Utkv. rods), for the pri•ont Ullik:ltlitiee at
11.. 4s:a Halley to lake hi. trial fiir "'Aarhus; the of
I. • ira.al.

M,• ,t.ho
•. .4 Ir toebury-cirew... arpeArrd for the 'pri-
• ; a... 1 Mt L •trie. jun.. of E4.placr, fur the pr0...411,n.
...411,n.

'lr. Sianey saki the prisoswr had Len in prime seems
pr•s.are taro. arnouht of hail axed by
•hi he tio•rdore %lilt latch hail might
I, ..• .1. • •lo •.mlol be itio:e to firm?.
%!! I reD• ;Au , `44.1 the pawftviii Nal 6...1 tw Sh tOlWel
.• I•rpaanh r loNs‘itleil he foam' u stitticient
bol hiart:.enilauee at the trial. As the
to oal eotololt.o4c plsce to nine slays, he weubt he content for
I.O• hooohloy to r•-,mw the hail t.i such en amount as he
thoo.tht pw.p. r.
i•uting crawl it was a eery serious charge.
aiol *to l.etl t ireeessaril• be larice. Ile must see that
partaw ww. hot fat...trate...l tria *null arnouut ed bail being
token, eel lw therefore fix it at tea to :alllO.
.1.1. • ..0.1 .1.,•h an woolaut coolol out Ite pmenn•l,
ur.tc.l that it might be further rtaluceri, but Mr.
.lu.titv tirwtlll4 ref wwal .b.ao.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goalartru.)

FIRST orrit ‘TION or THE NEW WT.

This hiring the day appointed for the oew act to take
effect. lever.il petitiotr foe adjuilic,tion were presentee!.
kir. IJOkl..ter prearnteil the first one ea the trader's
own heltall. It was that of Chaste. Theimia Ingram, late of
No. 1, Tourr Royal, in the City, but sow of tiletve•iter-
,tivrt, ?Intik., seemliest soil ag..sit, trailing
melte the at) he sal firm of "Inipsen ant I The pre-
liminary pegicee.tia,, tusk place la private liefore Mr. Miller,
...tie of the regt•tr..r.. mule, anal the
I...uknipt Living *nivel:barred obtained prvtettiott iu the
W. 1,1

Anionpit other alienations coasted.' with the tiling of
ralLoar at our be triticeil that the 'Law oa the petitioa
i. ,• .1 k'ot 1,••• Inr. to 7.1. aaal a stilt lower amount, where
the are wailer :110/. Tha tarns are uo loogi.r
Aral L •' The Itiokriiiitey Law eassoliJatioa Act, 1049,"
hut "The Ittukruptoy .%ct, 1:161."

Mr. LiukLiter olto pr-oite.l a petition and obtriord
a;.in.t J0.r1.11 l'ilrutao. of No. 10. Ernst
itoriello4reet. itlooroAiury, soil a No. It Wit'brook,
City. wt.:Lot. sr.

Mr. e. L..1...1.•, presented a petition an the tender's
beh.df and "Idsint..l.ljudrestion agniust Charles (tree°, of
Western-n.l. Itught.a. u.rs-fitter.
Seversl ..thee p,titious Were ptoseutea iu the• courty of
the no,folo,:.

The lollot wha•li prevailed under the old system is
; 404 t ,itliplC rotition u sula;ituteil, petitioners
going to th.., did-relit court., 112 succession. The first one
praseated this ii.trYllli; WA, a second bankruptcy ; the case
Is consequently ref,rrel to the commissioner before whom
the former pr..re.- lin„:1 took place. The th•tt petition (in
effect the first) to Mr. l'ommissioner Evan., as senior
cusunis.ioner ; the nett to Mr. Connuissioner Fooldanque ;
the inmot to Mr. 11:41/11111•1400er False, and, so on.
There was* short list of five or sit eases, but these were
of course dinilt • ith under the old act. The statement in
the T • t- I that the proceedings of yesterday were the last
under tie oil art is so absurdly erroneous that it Can de-
ceive on one. As we have before stated, the proceedings in
all casm in what adjudication has been made prior to this
morning will billow the old course; and instead of the
" scenes" of yesterday being the last under the old act, the
court will le: mainly ocrmine,l for weeks to come in adminis-
tering the old law.

IN RE EIAAN AND WALLACL-TIIR CILMT 41.71:87ION ♦RISING

UNDER THE NEW ACT

The lisakrupt., merchants, of Gresham-house, Ohl Broad-
street, applied for their certificates. Their unsecured debts
are 4,1,791. ; aseeti, rtahsed 1,1 W., and the 'Arial assignees
expect to receive 2011/. or MO/. more.

Mr. Mason appeared for the assignees; Mr. A. Turner
awl Mr. 'trough for the bankrupts.
His Honour. in going through the report of Mr. Pennell,
observed that ono of the bankrupts (Wallace) had brought
in a capital of 1,400/.: the other fuel brought in nothing.
and it we. rernarkaWe that he had drawn out more than his
partner, the revective amounts being 6*.ltlf. and 48V.
This was Elvtilia third appearance before the court. He
had arranged with hi, creditors tu l' i 4. and in MIS wee
bankrupt, paying a divideoil or tid. sod a fraction on debts of
OW.

Mr. Mason stated that the bankrupts had placed them.
selves in the baud. of their creditors when they found them-
selves in difti,:ulties, and the assignees did not wish to
oppose. Wa'Ewe had the full sympathy of his creditors.
The Commiasioner If the dessification of such certificates
as are granted under the old law is to continue, the benk•
rupt Wallace may take a first class certificate. But
I am told there is great doubt whether that is so.
The *loth clause !the repealing clause) says, after stating
what is to be repealed, " But such repeal shall not affect
lay proceeding pending, or any right that has arisen or may
arise, or any penalty incurred or that may he incurred, in
respect of am trausiptioo, act, matter, or thing done or
casting prior to or at the commencement of this act."
There is no question if that stood alone it would be
sufficient to continue the classification in cases under the old
act. But another port of the act, sae. 157. says, " From
and after the commencement of this act all clamifiostion of
certificates shall be abolished." Now, the certificate itself
is abolished as to new cases ; but this says " all classification
of certificates shall be abolished ; sod in every case where
the discharge of a bankrupt shall be suspended, such
discharge. when allows', shall simply state the period
for shish it was steipensied, and the reasons for such sus-
plasm" Th..t section alludes first to the certificate, sad
then to the order of discharge ; soul the Tigatiou is, whether
ahulitiou of daseitication is to take effezt immediately.
Mr. Turner, on behalf of the lankrupt Elam
would tubsuit to your honour that clamification is entirely
dose away with.
The Crwarairi.inea— Wallace may take his certificate im-
mediately as of the first class. Them Is the greatest possible
ihstinetios leterein the two cams ; and yet, if we should Le
of opinioe that the classificatioa is done away with. thus,
men will he spially entitled to a eertificate, and thom who
Anal them Iterailter will have so mesas of knowing. from
aaything that appears ups theeersficate, what is thediffi rent
character of the two men.

Mr. Tartar. ou behalf of Mare. urged that his a spats-
etare had been moderate. aad that Use credit of the
hook keeping wa. doe to biro. The bankrupts had
hugely la tallow ; and the failure wan attributable to s.
easide• 101 l . the price. Ile urged that the classification
was entirely by the clause of the sew act which
Ws Header bad referral to

The Comistisrocier - opiaion, as at present advised, is
that the cLessiderion 6 aot abolished. The wools io the
✓IM section are perfectly plait —" Bat seek repeal shall not
eat say proceedia.r poodle& era wrier that has arisen
or may arm, or say penalty horsed er that ray be M-
CP:MI, is revert of say traegeoliea, net, rarer, or thing
dor or existing prior to or at the ramose meat of thin
art" It te impartible to soy that this is eel " pro-
(raise radial." Theo the 157th .retina rye—
" Porn and after the commencement of this act
aU cheataition of certidcates shall be abolished ;" and if
that stood estiraly by itself, if Um word " certilicate" was
to be taken with reference to the subject-mares of the
region wbkh is this discharge of the bankrupt, r it is now
far, and which depends en totally different circum.
strew from those overdo/9d ander the old act, no doubt
there would la as wed of olarlicatioe at ore. But
it is • role of 1411, that where two provisions of the game
act are isootritteet with each other, the latter is always to
prevail. Here, I think, they may he explained ; Ido not
think that they are inconsistent ; but if they were Moon-
eieteetOlie latter section (the ''.'lotti) ought to prevail ; and it
'sprawly pe iv she that this sew act is not to effect nay
procealiage pealing, or any penally incurred, or that may
be incurred la that opiiries lam supported by my learned
brother err me.

Mr. Coromissinoer Audrey% of Exeter, who had sat oa
th,.l,..ach with his Honour during the morning, expressed
enornrrence in this opinion.
The Ginsmiasioner Therefore my judgment wfl be that
the baokrupt W.ltice "nay take a certificate of the first•
rhos ; that of Elvin will he of the thinl.class, and will he
Ins Ponder, for six mouths from the date of the last exam'.
nati,ii (the 17th ~1 septemne.r). I think this mar affords a
striking inrtanm of the mistake whkh the legislature
has tools in aholishing the eleseillostine of certificates.
Rare is a ease where the two men are Logo into trifle email.
Itoth, wt.:noting to the new law, are to receive the same
cartMoite, or order of discharge, without anything to tell