The Sun.
London, England, 1852-11-11 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY.—Nov. 10.
(Before the Lords Justices.)
EX PARTE OLDFIELD RE OLDFIELD (IN BANKRUPTCY).
This was a petition by Mr. Jesse Oldfield, complaining
of the decision of Mr. Commissioner Evans, under which
he was adjudicated a bankrupt. The point, which ap-
peared to be one of novelty and importance in reference
to the construction of the Bankrupt Law Consolidation
Act, was the following : —Mr. Oldfield was summoned
for a debt of 1221. ; he appeared before the commissioner
and admitted 112/. to be due, but as to the 10/. residue
swore that he had a good defence on the merits. He did
not pay the 1121. at the end of the seven days, and the
Commissioner not requiring it, ho did not give a bond
for the amount. The Commissioner treated this pro-
ceeding as an act of bankruptcy under the 82d section
of the Act ; and the point was, whether this decision was
correct. The section in question provides that if any
such trader so summoned as aforesaid shall upon his ap-
pearance sign an admission for part only of such demand
in the form aforesaid, and shall not make a deposition in
the form aforesaid that he believes he has a good defence
upon the merits to the residue of such demand, and (if
required by the court so to do) enter into such bond as
aforesaid to pay such sum or sums as shall be recovered,
together with such costs as shall be given in any such action
as aforesaid for the recovery of such residue, then and in
such case if such trader, as to the sum so admitted,
shall not within seven days next after the filing of such
admission, pay or tender, and offer to pay to such
creditor the sum so admitted, or secure or compound
for the same to the satisfaction of the creditors, and
as to the residue of such demand shall not within seven
days after personal service of such summons, or within
such enlarged time as may be granted to him in that
behalf, pay, secure, or compound for the same to the
satisfaction of such creditor, or enter into a bond in
such sum and with two sufficient sureties as the court
shall approve of, to pay such sum as shall be recovered
in any action which shall have been brought, or shall
thereafter be brought, fur the recovery of the same,
together with such costs as shall be given in such action,
every such trader shall be deemed to ha►e committed an
act of bankruptcy on the eight day after service of such
summons, provided a petition for adjudication of bank-
ruptcy shall be filed against such trader within two
months from the filing of such affidavit.
Their Lordships said that they could not annul the
adjudication on the materials before them, but if it was
desired by either of tho parties, they would allow an
action to be brought, which would raise both the ques-
tion on the section of the Act and on the facts as to
keeping house.
Air. Oldfield's solicitor having signified his acceptance
of their lordships' offer, an action was directed to be im-
mediately brought, in order to try the whole case.
(Before Sir Richard Kindendey.)
PETRE V. LORD PETRE.

The bill was filed in this case for the purpose of re•
covering the rceory of Brayton, in the parish of Selby,
in Yorkshire, being leasehold tithes, held for lives re-
newable for ever. The leasehold formed a part of the
property of Lady Stourton, who by her will Ar,vi.nd
it, with lands in IThrkshire and Lancashire, to her
grandson, the ninth Lord Petre, for life, with remainder
to trnstees to support contingent remainder, with re-
mainder among such of his younger sons as he should by
'feed and will appoint, and in default of appointment, to
younger sons in tail male. Her will directed that the
leaseholds now in question should be settled in the same
manner. On the 9th and 10th January, 1788, Lord
Petro settled the property, including the leaseholds, in
pursuance of the trusts of lady Stourton's wi:l, and the
estates were conveyed to trustees accordingly. On the
11th of January, 1788, the ninth Lori Petre appointed,
under the power in Lady Steurton's will, the freehold and
leaseholds to his younger son, George William Petre. On
the 14th sad 15th January, 1788, uponLordP?tre's second
marriage, George William joined his father in malting a
settlement upon the children of the marriage of the free-
hold estates. The leaseholds, however, which form the
subject of his suit, ware not included in such settlement.
On the 9th and 10th June. 1803, the tenth Lord Petro
conveyed the leaseholds to Lord Stourton and Sir Thomas
Throgmorton, upon the trusts declared by the deed of
1788, which was executed for the purpose of giving effect
to the provisions of Lady Stourton's will. The lease-
holds subsequently were dealt with on several occasions
as if they had formed a part of the property comprised
in the settlement to which George William Petre was a
party upon the occasion of his father's second marriage.
['hey had passed hitherto as if they had been so in-
cluded, hut the plaintiff, who was the descendant of
George William Petre, had recently discovered the mis-
take, and now sought to recover them.
The case was not concluded when the Court rose.

COURT OF BANKRUPTCY.—Nov. 10.
(Before Mr. Commissioner Goulburn.)
IN RE JOSIAR BROCRWELL.
s sine© for his cer-
-karturepett.caririieedneown
The bankrupt applied a few day
cer-
tificate, when judgment was deferred.
of the case was
outr ttyh that given
the
hatltthtuerpursope
asks businessil iHis
Ir c)haniss"aerert merchantotfideaa);es a if said:—The
hearing
Old-Broad-street. ob aa d
up
poperty given up will realize about two-thirds of the
postponed
b y the
bankruptin order tow euld ascertainrea il
z.:.
~mount the bankrupt estimated it at. lle put it down at
7721. I believe it will realize about 5001. This is one
of those cases which places the Court in a very trouble-
some position. The Court is often placed not only in
wcearaesseinatlaeshn t in 1842.
the situation of judge, but is also obliged to ascertain the
motives of the trader whose conduct is in question. That
is peculiarly the case on the present occasion, for the
main question is, what was the intention or motive of
Mr. Brockwell, when he ordered several parcels of goods
immediately before his bankruptcy, two of which parcels
were from the trade assignees, who opposed his applica-
tion for a certificate. The assignees, indeed, oppese
fupon
two grounds—lst, upon the general miscond.uct
ho t o
bankrupt as a trader; and 2dly, upon a specs involved,
viz , that when the bankrupt was h0pe1e5517.1„.1.,.;.,a
when he could not hope to
willwliF enrantioshotoeillabs
these reasons,
became
vt
rialemlrae°Bhao n, , his Honour did
consigning them to practiceothers—
abeenin the habit of indulg..
sorry to say the bankrupt which I am too
on in the most reckless
gvuub anti then immediately raised money uponuttihfaevmonbry.
imputed his stoppage •
aabnlde asim pCarundwenetll
mbeacrinone.cre.ive
.0,.
returned up la*
on imfr
1842 to a number of .
__ 1
elsiezceomu.ledr
more
,__, be kept himself go ng by a system e
isnngd. since The
then general
he h asbbi featureslelsenbgaPds:efYl ng. I 3 rtg ile
it appears tea
it seems, he was in a state of hopeless inset-
cunt), in a bond
yearn,
avoided failure by the uniform mode I have
for 5,000 L, which was one of the main causes of his ruin.
For
veney, an
clasa certificate,b ego thano on
onelno
in granting anything
shillingalolnreascaccommodationdr
aDnad:htileeil;
estateonu bills.d e.
justifiedbut that would be suffi-
cient to carry protection.
j 1
beyond think
a t bhi er
d should-

IN RE J. H. Bionms.
The bankrupt, of Staple-street, Bermondsey, and King
William street, Strand, indiarubber pavement manufac-
turer, and rectifier of naptha, applied for his certificate.
The accounts, prepared by Mr. Butler, of Basingball-
street, show the debts to be 3,597/4 assets, next to
nothing. The profits had been 490/.; trade and other
expenses about 2,3001.
Mr. Beard (from the office of Mr. Buchanan) appeared
for the assignees, and stated that they did not (313:tes!!
on the contrary, they were desirous the bankrupt b b 01l 41
receive a certificate immediately.
Mr. 11. Linkluter, for the bankrupt,
certain items,
His Ihnour granted an immediate certificate of the
third class. having explained

MIDDLESEX SESSIONS.---Nov. 10.
(Before Mr. Sergeant Adams, Assistant-Judge.)
The three men, Dalon, Bent, and Turner, who were
convicted yesterday of an attempt at robbery at Houni.
low, were brought up judgment.
for
The Assistant-Judge sentenced them each to one
year's bard labour.

RAILWAY Compar(skrioN jury was im-
pannelled at Birmingham yesterday to assess the amount of
compensation due to Mr. blunt from the Great
will paSS over a portion of the (hon. gentleman's
Western Railway, whose new. line, he Birmingham and
mills compromise was effected before
thejury bad been sworn The company are pay 1520004
Dudley)is
water-street. A