The Sun.
London, England, 1854-11-25 00:00:00

COURT OF QUEEN'S BENCH.

T COURT OE
THE QUEEN V. THE JUDOS OF THE COURT
OXFORDSHIRE.
Mr. Cripps moved for a rule to show cause a
why pro-
hibition should not issue to the judge of the County
Court of Oxfordshire, to prohibit him from procedit'
hear an application for a new trial in the case of Carter
v. Smith." The question turned on the construction of
the 141st rule of practice of the County Courts of Erw_
land, made under the provisions of the 12th and 13th of
Victoria, chap. 101. The rule provided that an appli.
cation for a new trial might be made and determined
on the day of hearing if both parties were present, or
it might be made at the next court held after the
expiration of 12 clear days from the day of hearing, or
given seven clear days' notice before the holding of
the court, and that the party intending to make such
application should give a written notice, stating the

BAIL COURT.
(Before Mr. Justice Crompton.)
iv TlaE MATTER OF W. H. ORCHARD.

Ti*le was a rule calling on W. H. Orchard, an attorney
of this Court, to show cause why he should not be struck
off the roll of attorneys.
Mr. Edwin James, Q.C., and Mr. Francis, showed
cause. _ _ _ _ .

It appeared from the affidavits that Mr. Orchard, to-
gether with a person of the name of Cox, had been con-
victed of a conspiracy to defraud by means of a false
affidavit of increase upon the taxation of costs in an
action of A. Orchard v. Rackstraw, Mr. Orchard being
the attorney for the plaintiff in that action. The affidavit
which was prepared and sworn by Cox, who was the ar-
ticled clerk of Orchard, stated that certain witnesses in
the cause of A. Orchard v. Rackstraw had been paid
their expenses for attending the trial. This was alleged
to be false, and hence the indictment, which however
had not been preferred for nearly three years after the
alleged offence had been committed, Mr. Orchard's own
brother being the prosecutor. The only part taken by Mr.
Orchard in the matter appeared to be that, whilst at-
tending the taxation, hi had stated, in answer to a ques-
tion of the attorney who appeared for the defendant,
"That all the witnesses had been paid." Circumstances
were about being entered into which, as it was con-
tended, exonerated Mr. Orchard from any criminal in-
tention, inasmuch as these circumstances had induced.
him, at the time he made the statement referred to, to
believe in its truth, when
Mr. Justice Crompton suggested that this was a case
which might be better investigated before the Master.
Mr. J. P.Wilde, who appeared for the Law Institution,
was willing to adopt the course suggested.
Mr. James stated that his client was anxious that the
fullest investigation should be made into all the circum-
stances. _ _ _ .

The- whole matter was accordingly referred to one o:
the Masters to report upon.

COURT OF BANKRUPTCY'.
(Before Mr. Commissioner Gou'burn.)
IN RE L. BENJAMIN.
The bankrupt was a jeweller of Princess-street, Lei-
cester-square. This was the certificate meeting.
Mr. Linkla.ter, for the assignees, asked for an adjourn.
ment in order to ascertain the result of an action
brought by the-assignees against the trustees of pro-
perty held under an assignment by the bankrupt.
Mr. Lewis resisted the application.
His Honour said the case was certainly not one in
which the bankrupt could expect an immediate certi-
ficate. He had begun his accounts 800/. worse than
nothing. He now owed upwards of 2,0001. A short
time before the bankruptcy he had assigned over all his
effects, and there was now nothing for the creditors.
Under such circumstances there would be an adjourn-
ment for three months.

(Before Mr. C Jrnmissioner Fonbianque.)
IN RE RAFFAELE MONTI.

The bankrupt was a sculptor of Great Marlborough-
street, and is well known from his numerous -casts in
the Crystal Palace. From a preliminary statement of
hi, affairs by Messrs. Paul and Turner, the accountants,
his debts would appear to amount to 15,866/. The assets
chiefly consist of a sum of 5,043/., the balance of an
account of 18,6931. with the Crystal Palace Company.
There are works of art held by creditors as security
valued at 1,792/. A sum of 6,0001. will, it is esti-
mated, be required to finish certain contracts with the
Crystal Palace Company. These contracts include 38
fountains to cascades, consisting of boys carrying tazzas,
to be executed in Garland's plaster, for 3,9001. The
works completed include river fountains, and ocean
fountains, and statues for fountains, in the terrace-gar-
dens ; of " Hope, " Joy," " Friendship," Lore,"
" Modesty," " Valour, " Vigilance," and " Prudence."
Debts to the amount of about 5,000/. were proved, and
Mr. George Thomas Ellis, builder, and Mr. Montagu
Hunt, of Whitehall-place, were chosen assignees. The
bankrupt attributes his failure to his haying undertaken
contracts at a figure at which he is now unable to carry
them out, owing to the advanced prices of labour and
materials. Also, to the partial failure of the process by
which he sought to produce the gal's-also-plastic casts.