The Express.
London, England, 1850-08-16 00:00:00

The nev. County Cut day will be the 12th September.

COURT OF BANKRUPTCY.—YrsTERDAL
Emu Ma. Coutuancoma Para.
JI:DG3III2(T. E FI V( Ii.:MB DTIOW.
His lioaour said this was an application to pr are fin the
costs due to the petitioner under a judgment, signed on the
13th July ;last, in an action ea a bill of exchange. The
water had gone to a reference, and an award lead been
made, dated the 11th July, under which judgment was
signed on the 13th, and the cats were taxed at 4571. 1..
The petition for adjudication was filed on the same 13th
July, and the applkition was made under cap. 181 of the
new act, directing proof to be admitted for costs where judg-
ment is obtained before bankruptcy, and cos's taxed after-
warls. It wee ejected that the signing the judgment on the
13. h of July war an irregular proceeding, because no judg-
ment can be signed on a vacation verdict, until after four
days have elapsed in the term following the yaw
11071, and Oa as this verdict was founded on an
award dated July 11, the verdict mast be deemed • verdict
of Trinity vacation, and therefore the
_judgment could net
be pr perly signed till some day In November next. To
this it was answered that the verdict preceded the award,
and was, in fact, • v. edict of Trinity term, upon which
kadgarnt might be properly entered up on the 11th of July.
I should not have attempted to decide this very technical
point, even if it had been necessary, but should have left
the assignees to apply to the proper court to get the judg-
ment set aside in due course, if irregular, and then have
acted on the decision of that court ; but I consider that it
is not necessary for me to have that point decided at all,
because I am of opinion that the case Is provided for
Ita new cilium, in the Bankrupt Act of 1819.
had for many year. been observed by Lord
ChaLcolon and others, that the tole that de-
mands, which, though in curie of ripening into •
debt before the date of the fist, had not actually ripened
into ono before that day, should be excluded from proof, was
unjust to the. creditor, as depriving him of his fair share of
the 11.4111 t/, andauel upon the debtor,as leaving him,
b.
stripped of all his property, liable to an old demand. "$.
O. Marshall re Fox" (Mont. sad Ayrton, 118) was a ewe of
this kind, and there were many others mud' hard; and
when the late act was passed it was de that an
attempt shoed be made to remedy the mischief, end accord-
ingly cap. 178 was introduced In the new act. I had sug-
gested so long ago as in 1831 that the best mode of reme-
dying the evil would be by the mere shifting of a date, that
is to say, by making the date on which the right of proof
should depend not the day of inning the fist, bat 1001111
later day, such as the declaration of a dividend—
in other words, by enacting au:otantially that if
• creditor's ease had ripened by force of ante
into a provable debt on any day before the decline
tan of dividend, it Wald be as provable as it would have
been if the liability had ripened Into • proveable debt babes
the data of the bankruptcy. I consider that clause 178 wee
framed to carry out this view, and thus relieve both the cre-
ditor and the bankrupt. If I am right la this view, then
this creditor is entitled to prove, because the bankrupt had
before his bankruptcy contrasted a liability to pay money
upon a contingency which had not happened before the
filing the petition, that Is, upon the contingency of the
award not being sat adds, jadisaant being entered up,
and the costa duly taxed; and it so, the creditor is entitled
under that clause to make a claim now, and as soon as the
demand is ascertained prove and receive dividends with the
other creditors.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.—Ocu.Droan, AuwmT 10.
'arum Tin Loa Clll/3 &DOM APO • SPACIAL AMT.
MA/Tllll/9 Ir. BANDWIMI.
This was a feigned ism directed to be tried by the
Chancellor. Berjeant She*, Mr. M. James, sad Mr.
&rill were for the plaintiff. Mr. Chambers, 8.C.,
Peacock, and Mr. &mbar& for the defendant.
Thia ace occupied the court the greater part of Woodcut.
day sad was not concluded until two o'clock to-day. The
red point at issue, however, lay in a very narrow canspaeh
sad the actual question involved was whether the plaintiff
was liable under the Wiradecop Ad to be called as as a
contributer la a defunct runway ashes, called the Direct