The Sun.
London, England, 1853-12-22 00:00:00

COURT OF BANKRUPTCY.

(Before Mr. Commissioner Evans, Senior Commissioner)
IMPORTANT QUESTION AS TO PROTECTION AFTER SUSPEN

OF CERTIFICATE. -IN RE WRIGHT.

This bankrupt had carried on business as a draper, at
Maldon, and in May last his certificate was suspended
for two years, without protection for six months, which
period having expired.

Mr. Linklater applied for protection until the time the
certificate would be granted.

Mr. Bagley, for a creditor, opposed the application on
two grounds first, that the court had no jurisdiction hav-
ing once adjudicated, and that where there any discretion-
ary power it did not exist in this case, as the bankrupt had
kept out of the way to avoid any execution against him.
The policy of the bankrupt law was to award a pertain
amount of punishment where there had been any offence
committed under the bankrupt law, and the suspension
of the certificate was the mildest course ; but it implied
that the bankrupt should be left at the mercy of the
creditors during the time the protection was refused, as
the protection operated not only against debts provable,
but those unprovable, even against the Crown, which
was not affected by the bankruptcy. He (Mr. Bagley)
would call a witness to prove that the bankrupt had
kept out of the way to avoid arrest, and had thereby
deprived himself of all claim for protection, until he had
suffered the intended punishment.

Mr. John Eaton, one of the officers of the Sheriff of
Essex, was called, and proved that he had endeavoured
to arrest the bankrupt, at Maldon, and that another
officer held' a warrant at Bury St. Edmonds, but the
bankrupt had not been seen.

His Honour said that, acting on discretion, he must
be satisfied that the bankrupt had wilfully kept out of
the way ; but in this case there was no evidence, and on
the cases decided before the Lord Justices he was of
opinion that the period of non-protection could not be
extended, as their lordships considered that the anxiety
was almost commensurate with actual confinement ; and
as in the other cases where the certificates were wholly
refused, their lordship had held that protection should,
alter a certain period, be granted,
Protection was accordingly granted.

SHERIFF'S COURT.
(Before R. Gurney, Eiq.)
NEALE AND ANOTHER V. THE STEAM NAVIGATION COMPANY.
This was an action to recover damages for losses sus-
tained by the sinking of a lighter with a cargo of coals.
The damage was estimated at M. 18s.
The case lasted a long time, and as in matters of col-
lision by road, rail, or river, the evidence was very con-
flicting, but the preponderance was in favour of the
plaintiff, it being shown that the ligher had gone down
throUgh the swell of two steamers belonging to the
company.

His Honour therefore gave judgment for the amount'
claimed.

ENORMOUS EXPENSES OF COUNTY COURT PRACTICE.-

IN RE BUCHANAN V. THORLEY.
Mr. W. R. Buchanan, solicitor, who was plaintiff in
this case, applied for a commitment against the defen-
dant under peculiar circumstances, which prove the
utter inefficiency of the present law to enforce payment
from an obstinate or dishonest creditor. it appeared
from the statement of Mr. Buchanan that he had ori-
ginally taken proceedings on a bill of exchange for [CI.,
and was compelled to sue the defendant in the Shore-
ditch County Court, and obtained judgment, to avoid
which defendant removed to this district, and it had
been necessary to take out three judgment summonses.
On one defendant had been committed for 7 days, and
on two others 20 days each. The costs of the proceed-
ings being nearly 101., money out of pocket, and had he
(Mr. Buchanan) been suing for a client the numerous
attendances would have run up to a very large amount
—perhaps 301. The defendant had been in constant
work at 30s. a week.

His Honour said that he would endeavour to bring
the defendant to his senses, and would now order a
commitment for 40 days.
Mr. Buchanan said he would not take out the war-
rant immediately to spoil a family of a Chris linos
dinner.