The Northern Daily Times.
Liverpool, Merseyside, England, 1857-02-20 00:00:00

THE NORTHERN TIMES.-LIVERPOOL, FRIDAY.

LIVERPOOL BANKRUPTCY COURT.

POLICE INTELLIGENCE.

(BEFORE MR. COMMISSIONER STEVENSON.)
IN RE RICHARD BERRY. —The bankrupt, shipwright, of
Ormskirk, applied yesterday for his certificate. Mr. Forshaw,
who appeared for the assignees, offered no opposition. His
Honor granted an immediate certificate of the second class.
*IN RE JA►IES REID.—The bankrupt, through h's solicitor,
Mr. Evans, applied for .his certificate. There was no opposi-
tion. His Honor granted an immediate certificate of the
second class.
IMPORTANT QUESTION OF PRACTICE.—IN RE LATHAM:—
His Honor delivered judgment in this case on Wednesday.
It involved an important question of practice—namely, the
power of the Court to-hear cases which it had already decided ;
and granting that power, then the circumstances entitling to a
re-hearing. The case in question was decided in Juno last,
and now a Brazilian firm, named "Ramer del S ,r and Lnbert,"
applied to have it re-heard, and produced evidence to show
why the decision of the Court should be altered. This
application was opposed on the grounds fully stated in the
judgment. His Honor said : In this case the question
reserved for my consideration, and raised as preliminary ob-
jections to this application, are, in the first place, whether this
Court has jurisdiction to entertain any application by way of
hearing except those specially provided for by the Bankrupt
Law Consolidation Act? And, in the next place, within
what period and under what circumstances an application
for a re-hearing can or ought to be made ? It is urged that
the terms used in the 12th section of this act, that every such
decision or order there referred to should be final, unless an
appeal be entered into twenty one days from the date of such
decision or order, coupled with the circumstance of the act
making express provision for a re-hearing in cases of a
certificate and adjudication, afford grounds for holding that
this court is precluded from granting any re-hearing except in
these particular cases. But upon consideratio❑ it appears both
to myself and my learned colleague, (whom I have taken the
opportunity to consult on those points 43 being material to the
future practice of both courei), that it was not the intention of
the legislature thus to restrict the authority of this court, and
to prevent It from exercising the discretion which courts in
general have, of re-considering its owe decisions, upon
sufficient grounds being shown, which would be inconsistent
with the general principles of justice. This interpretation of
the act it may be observed, seems to be corroborated by the
opinion of the Court of Review, in the case of exparte Jack-
son, 3 Dea. 651, whore notwithstanding the 32nd section of
the Ist and 2nd William, cap. 56, which declared that the
decision of the Court of Review on any appeal from a
commissioner upon a question of proof should be final,
unless an appeal to the Lord Chancellor were
lodged within ose month after such determination,
yet the Court of Review, under special circum-
stances, permitted a case to be re-heard before it, and even
after that period. With regard to the time for the allowance
of a re-hearing, we think that in an ordinary case this time
should not exceed the period allowed for an appeal, unless
there are some special circumstances in the case calling for the
indulgence of the court to give a longer period. Now in the
before cited case of exparte Jackson, the Court of Review
overruled lan objection taken that the application for a re-
hearing was too late, and allowed it to be made on further
evidence, although not only the month allowed for appeal, but
even six months had elapsed, upon the ground, as I collect
from the judgment, that the petitioners in that case were
foreign merchants, and that they alleged they had no oppor-
tunity at the former hearing of adducing evidence iu opposition
to the prayer of the petition, In the present case the applicant
is a foreig❑ merchant, carrying on business out of Europe, and
it appears by his affidavit that ho was not in Europe at the
time of the former hear* in this matter in May last, Her until
the month of August last, and that he had no opportunity of
giving in evidence the facts stated in his affidavit until his
arrival in Europe. The question, therefore, for consideration
is, whether the circumstances of this case call for the indulgence
of this court in allot ing this matter to he re-heard, after so
long a period since the decision made in June last, on the
former hearing. It would be very objectionable to allow a
re-hearing at any period of time, and it is difficult to fix any
precise period ; but each case must depen I upon its own
circumstances, and the present must, I think, depend mainly
whether due diligence has been exercised in bringing the
additional evidence contained as well in the affidavit of the
applicant as in the affidavit filed of Mr. Charles Hunt ; and
upon a careful consideration of all the facts stated in the
affidavit of the applicant, as well as in that of Mr. Holden, the
solicitor in this matter, I have come to the conclusion (in
which my learned colleague also concurs) that it is not shown
that such sufficient diligence has been exercised so as to mtitle
the applicant to have this matter re-heard, after so long a
period as that which elapsed not only since the former
hearing, but also since the arrival of the applicant in Europe ;
and upon this ground I must dismiss the present motion, and
with costs.

LIVERPOOL.

BEFORE MR. MANSFIELD.

DISHONEST Boy.—Thomas Scotland, ;. lad 15 years o f
age, who was engaged as messenger in the
optical establishment of Messrs. W. Jewitt and Co.,
39, South Castle street, was brought up by detective
officer M`Culloch on a charge of having stolen
a telescope and opera glass, value £7, the pro-
perty of his employers. The lad, in consequence of
his position, had an opportunity of taking property, and
it appeared that he was stopped at Mr. Woodruff's pawn
shop, Park lane, when ollering one of the glasses for
pledge, It was represented that the boy was without
parents, and he was remanded in order to see if he could
be got into a reformatory.
CAUTION TO AFFRENTICE3.—IIenry Borden, an appren.
tice to Mr. Crellin, plumber, B:e., of Lime e'reet, was
brought up by officer Carlyle, on a warrant charging him
with having absented himself from his work. It appeared
that since May last the prisoner was absent for seventy
days, and Mr. Crellin heard from his (the prisoner's)
uncle that he was about to go to Australia, and then the
warrant was issued for his arrest. He denied that be
was about to go to Australia. Mr. Mansfield lectured
the prisoner on the great impropriety of his conduct, and
sent him to jail for fourteen days with hard labour.
CLEARING OUT.—Bridget, Margaret, Mary, and
James Moran, were brought up, on a charge
of being concerned in a robbery that took
place on board a small vessel, named the Jan-3, in the
Salisbury dock- On the night of the 911, the cabin was
broken open and regularly cleared out of everything it
contained. Detective officer Harks, went to the prisoner's
lodgings in a court off Paul street, where he found a
great partion of the stolen property, and also a variety of
other property, such as shirts, stockings and the like.
The things stolen from the vessel were identified by an
old -‘nma-of-vv.ra-irnan," named William Hughes. Mr.
Clough asked for a remand, which was granted for seven
days.
BEEP A PIECE FOR A SAMPLE.—A youth, named William
Seotson, was charged by a Mrs Nancy Lightman, for
attempting to pick her pocket in Vauxhall road. It
appeared that the prisoner followed the woman, and put
his hand into her pocket, but, she turning' sharply round,
caught him by the jacket. He struggled and succeeded
in get'ing off, but not befora leaving a piece of the gar
meat in her hand. He was subsequently arrested, and the
piece of cloth torn from his garment fitted exactly to a
want in the covering, and this being deemed a full iden-
tification, the prisoner was sent to jail for three months
with hard labour.