The Express.
London, England, 1861-05-23 00:00:00

LAW INTELLIGENCE,

(THIS DAY.)

EXCHEQUER CHAMBER.
(Refers the Lord Chief Baron.)
TILE CASE OF TIIE REV. MIL RATCII.
HA?vH r. LEWI .1 AND LEWIS.

le this twee it will be recollected that the jury, in finding
a verdict for the plaintiff, naee•ad the damages only at Pa,
and in all such gi,es, according to the present practice of the
court, it is necessary to obtain from the judge trying the
mule n certificate entitling the plaintiff to his costa ; the
application could not be made at the time of the verdict as
the pule had left the court.

This nornin4 Mr. tlarth,--on the part of the plaintiff,
:appear...l in support of a summons which was made return-
al.le I. fore the Lord thief Nonni, at Westminster, to show
eintAd why his lordship should not grant hip certitiaito en-
titling the plaintiff to his costa.

Mr. Charles Pollock appeared on the part of Messrs.
Lewis. the defendant., to oppose the application.
Mr. Garth Lasing been heard in support of the applies-

The Lord (lief Baron inquired whether it was the inten-
ti••u of Mr. Montagu Chambers to muse for • new trial,
or to increase the damages.
Mr. Garth aid that the) had not made up their mica
upon that point ; at all crept., he submitted under the dr-
cunistaaers the plaintiff eutitled to his cads
The Lord Chief Baron said he would wait until after the
Mt four days of the term had ilipsed, and then he would
date what he would do.

TIM goodies of the granting tho cortifiaito thteoforo
Moods over.

At the trial, on the conclusion of the summing up of the
Lord Chief Ba►on, Mr. Montagu Chamber* tendered • bill
of exception. ; his lonhhip, however, would not receive the
bill, but gave leave to move for a new trial or increase the
damages. It •ow am. rs that this course i* not determined
omits although Mr. Chambers hada lengthened conaultatiou
with the pLiintiff and his adviarr■, be has nut been instructed
to move.

COURT OF BANKRUPTCY.
Mahn Yr. Ocamisioser Erma.)

Rt DAVItI ♦ND TROCRIITON. - TUE

Kis Honour pvc judgment in this case. lye rid—This
was an application for certificate. The bankrupts had car-
ried on the !minima of bankers. The partoership cow
Dower., in January. MY). The granting of the certificates wee
oppersl oe the ground that the bankrupts had been guilty of
'sickle.. trading, and ilid not cease trading when they most
have Imam" that they were insolvent. The evidence proved
that neither .4 the parties brought any capital into the
husioem ; hot it was proved that they were solvent mod had
pr.perty, The bankrupt lkivies drew out a large earn of
misery ; but the leak has out sustained any lone by so dojos ;
and like other eustorners he paid interest on the amount ad-
sauced. It appears that the bankrupts had advanced very
large mune of moues, to two fillllll--011111 ThOMMII sad Joseph
Evans, home builders ; the other, Edward ROll4llllll. ales •
Willer. Meth them firms had bees bask:opt • then time
before the bnakrupts mitered into parteenhip. The berth-
nog agegapsd arnow, of the money without as, security ;
ton eseuertare which they did obtain' were sot swam is
tq Wipsest they ought to have alvathell massy
M. art they appear to me to have acted mgt unwisely.
sett le ma suggested that the bankrupts ailed hen say
impaspir or dishonest motive, and they tithed their we
property no well ea that of their casteemen. Is the bugle-
min of October bat the bankrupt' loth the spates of some
mum as to their pe itioa. mod that epithets wee that they
wan ineolvest, and ought to slop. The lathreat Davies
woe of that opinion, hat Treelthis• objected ; and
the beldam was coatintied till T. and J. Evans
stopped payment. on the ESth af October ; and
ow the Mb the bankers were wade bankrupt. The
result of the awn .4 Evros and Bowled would appear to
pewee that the bankrupt& bad so themes to get out of their
difficulties, but there ei no 'skimps to prove that they oar
lineal their business from any improper motive. T. and
J. Erase appear to have stated to them to the lad that they
would get throegh their difficulties. The pasties apposes
to naive itself lato whether tredoes, when in diflicalties,
which ate ultimately proved to have been such that they
eosld net ore enema. might to be refused their certificates
because they did net isamsdistely stop. That this is net
the law is deeidsd by the cams of "Es pate Johnsen" (4
De Oat sad amis. 29) "Ea Was Malralaaffiffi" (9. Weekly
413) ; eel these arm ere oupperted by may
ethos. I therefore feel bewail to gnat the bankrupts
reethleales of the eerand clue.

Kr. LinkloArr of pared for tb• railiams ; Mr. lawman
ad Ix C. IL Lewis far Ye boaknpis.