The Sun.
London, England, 1846-07-09 00:00:00

LAW INTELLIGENCE.
• COURT OF REVIEW, July 8.
Mr. Walpole, Mr. Bacon, and Mr. Rolt took their seats
within the bar, upon their appointment as Queen's covnsel.
EX PARTE JOHN (OR YAEOB) SOLOMON, IN RE SOLOMON.
This was a renewed application by the bankrupt to have a
fiat, issued against him on May 27, annulled, on the ground
of its illegality, he being a minor during the period of trad-
ing. Against this it was urged by the assignees that the
minority was an unfounded pretence, and that the bankrupt
had held himself out to be of full age. The business as an
outfitter was carried on at Bristol, and afterwards at Exeter.
Mr. BACON, for the petitioner, stated the birth of the
alleged bankrupt took place at Pinchauf, in Poland, on 8 Ab,
5585, in the Jewish calendar (July 23, 1825), and that the
ceremony of circumcision and naming at Yaltob, the son of
Joseph and Getal Solomon, took place on the following Sun-
day, in the synagogue of that town. Affidavits, in support
of this statement, were made by Zena Rothschild, Catherine
Wolfe, Joseph Solomon, and Lazarus Glans. The decision in
" Benton v. Hodges" (9 Bingham), by the late Chief Justice
Tindal, following previous decisions by Lord Eldon and
others, held a commission against infants void.
The CHIEF JUDGE said, evidence of infancy was sufficient,
unless the conduct of the bankrupt had been such as to in-
duce the Court to refuse aid for relief from process.
Mr. SWANSTON (with whom was Mr. C. C. Barber) op-
posed the application, on behalf of the assignees. If any
doubt existed, it was hoped th% Court would leave the bank-
rupt to his remedy elsewhere. There were discrepancies in
the affidavits, in place, time, and circumstances. He had the
affidavits of various creditors who had known the bankrupt
several years,'and who believed him to be at least 25 years of
age. Two other creditors, Mr. Hathaway and Mr. Cousins,
alleged that some considerable time past the bankrupt had
said that he should attain kis majority in the course of a few
months. There was also evidence to show that the bank-
rupt had undergone some personal change in order the better
to support his juvenility.
Mr. Samuel Thompson identified the bankrupt. Had known
him two or three years. When last he saw him in Exeter
he had whiskers, and was surprised by his altered appearance
on meeting with him in London. Did not think the whiskers
he had seen were artificial.
John Solomon, the bankrupt, examined—Left Exeter three
weeks ago for Weston-super-Mare, and there entered a hair-
dresser's shop .for the purpose of being shaved, when the
barber shaved of the whole of his whiskers without his miss-
ing them at the timooo trifling was the extent of them.
Gave no such directions, and could have had no motive for
it, as he had then no expectation of being examined as to
his age. Could identify the barber if at Weston, but did not
remember his name or address. Had shaved himself since
the loss of his whiskers. The identification of his birthday
was chiefly attributable to its occurrence on a particular day,
which was a black fast, in universal observance. Was mar-
ried in January, 1842, being then little more than 16 years
of age. There is no difference in the ceremony where parties
are minors. Ix some cases parties marry at the age of 13.
The shaving operation took place three weeks back from the
present day.
The CHIEN JUDGE said, he never heard of a sober barber
shaving off a young gentleman's whiskers, for there must be
a risk of being,lcnocked down for damaging perhaps the whole
of what constituted a stock-in-trade.
Mr. SWANSTON urged the inconsistency of treating this
, bankrupt as irresponsible, after carrying on business on his
own account for years, occupying a house at a rent of 1501.
per annum, and advertising for 2,000 journeymen tailors.
Mr. BACON replied,.. . .

The ourEvJui.cra did not think he ought to annul the fiat
upon the evidence of Mr. Hathaway and Mr. Cousins by
their affidavits filed against the application, but that evidence
was the only circumstance which could have induced him to
take that step. It appeared that there was a pending action,
which would serve the purpose of inquiry ; and, being an
action commenced, by one of the assignees before the fiat,
might be conveniently adopted.
On Mr. Swanston's application, and an offer to pay the
difference in the expense, the Court directed the bankrupt to
test his minority and the validity of the fiat by an action
against the assignees, to be tried at Bristol, for illegal seizure
of goods, wearing apparel, and household goods.
EX PARTE BASTARD, IN RE WISE AND CO.
Mr. MALINS applied relative to an alteration in an action
Rending between the representatives of the Newton and
Totnes Banks, which was opposed by Mr. Shapter.
The CHIEF JUDGE declined altering the order at so dis-
tant a date without re-bearing the case. It might be true
that the creditors were agreed, but he was not prepared to
give it judicial formality. The names of creditors selected
by the meeting might be added, as contemplated when the
order was made.

COURT OF BANKRUPTCY, July 8.
(Before Mr. Commissioner FosBLANQux.)
LOAD HUNTINGTOWER'S INSOLVENCY.
Mr. LEWIS applied to his Honour in this case this morning
to name a day for the final order. Twelve months had ex-
pired since the insolvent appeared before the Court, and after
his Honour had read over his notes, he would, perhaps, be
pleased to fix a day for the order prayed.
Mr. Commissioner FONBLANQUE (who was busily em-
ployed with other business at the moment), said—Take an-
other opportunity to speak to me; to-day or to-morrow, or
when you are here, will do just as well.
Mr. LEWIS thanked his Honour, and left the Court.

SMITH, HOLT, AND NEALE'S BANKRUPTCY.
The sitting in this case was for the proof of debts, and ad-
journed choice of assignees. The bankrupts were the pro•
prietors, printers, and publishers of the Iron Times, and
carried on their business in Fleet-street. We have reported
the former part of the proceedings under this fiat.
The first proof opposed and rejected for the present was a
claim made on behalf of Mr. John Smith, of Birmingham,
for money lent to carry on the paper. The bankrupt Holt was
the only person who could give evidence of the advance, but
as the sum appeared nowhere in the books of the estate, it

was ordered to stand over till a better case could be made (;11

Another proof was tendered on an affidavit for Mr. C.
W. Burman, of Salop, whose claim, 901., was also for money
lent.

The bankrupt Holt said this advance was entered in the
books, and the cashier, George Neale, could speak to the.re-
ceipt of the money in Wolverhampton notes.
Mr. Lee said this proof was one like many others about to
be brought forward, concocted for the purpose of influencing
the choice of assignees. The Mr. Burman, who it was said
had advanced this money, was the secretary of a company
called " The Circulating Omnibus Company."—(Laughter.)
Instead of being.a creditor under the estate, he (Mr. Lee)
should say he was a debtor for a great number of advertise-
ments having been inserted respecting that company. He
also very much doubted, from what he knew of Mr. Burman,
whether he really was in a condition to lend money.
Mr. Cross (solicitor to several creditors)—And we under-
stand that he is not resident in Shropshire, but in Arundel-
street, in the Strand.
Mr. Lee confirmed this statement. He had called on Mr.
Barman, in Arundel-street, and there was a brass plate on
the door of the house in which he resided.
The bankrupt Holt denied that there was a brass plate on
the door. It was true Mr. Burman occasionally lodged
there ; his proper and continued residence, however, was in
Shropshire. The fact was he (Holt) projected the Circulat-
ing Omnibus Company himself, and prepared an advertise-
ment of a column, which was to be inserted and left as stand-
ing matter to save composition. That, he said, Mr. Lee knew
very well.
Mr. Commissioner FONULANQUE said, as it appeared Mr.
Burman was frequently in the habit of coming to town, it
would be more satisfactory to the Court to see him than ac-
cept his affidavit. The proof must stand over for personal
attendance.
The proof of George Carter Neale, one of the clerks and
cashiers of the Iron Times office,. was also ordered to be ad-
journed, some allegations respecting erasures and mutilations
in the books requiring explanation in connexion with
his claim.
A person of the name of Edwards sought to prove for
1001., as salary for services in the office of secretary to the
Iron Times Company. It appeared that he was engaged by
Holt and other persons not included in the present partner-
ship, and the objection raised of its not being a joint debt, as
far as concerned Holt, Neale, and Smith, was therefore fatal
to the claim.
A bill for the hire of a barouche was also resisted, the debt
being incurred individually by Holt, although it was admitted
that the vehicle was, used ia the business of the paper and
other railway concerns. The creditor, however, having sued
'Telt for the amount, and obtained a judgment against him,
believing him to be the sole responsible party, the Court de-
cided that he could not prove against the joint estate.
This concluded the inquiry into debts.
Upon the question of choice, it was said by the bankrupts'
solicitor, that they offered no one for the appointment.
Mr. Caoss, for the creditors, said they proposed for the
office of assignees, Mr. D. Baufer, of Creed-lane, gas-fitter, and
Mr. J. Elkin' reporter. They had signatures to the amount
of 1,0001. in favour of these parties.
The bankrupt Holt—That is very satisfactory. We only
want parties who will be of benefit to the estate. These
people are well calculated for the duty; one is a tradesman,
the other understands the business of a paper, and its
acceunts. _ _

The choice of assignees was made accordingly, and the case
was then adjourned.

SECONDARIES' COURT, July S.
(Before Mr. Secondary POTTER. )

BARLOW V. BROWN-RESPONSIBILITIES OF EXECUTORS,

This was an action brought by the plaintiff who is a clerk
in the London and County Joint-stock Bank, at Bishop's
Stortford, against the defendant, who resides at Manchester,
to recover the sum of 61. 17s. 6d. for money had and received
to and for the use of the plaintiff, under peculiar circum-
stances. It appeared, from the evidence, that the plaintiff
and others were entitled to shares in a legacy left by a Mr.
Grantham, of Hind, near Wigan. A Mr. Oddy was
appointed one of the executors, but he being,
from some unexplained cause, unable to attend to the
duties of the office, spoke to his son-in-law to carry
out the object of the testator. It further appeared
that the defendant did so, and the question now arose whe-
ther he had any claim against the legatees in obtaining
evidence of their rights.
It was contended by Ur' PETERSDORFF that the
executor was bound to make all those inquiries at the cost
of the estate, and that he could not delegate his duty to an
agent, so as to render the legatees liable to the agent.
The SECONDARY was of the same opinion, but a verdict
was taken for the plaintiff on the point of law.

CENTRAL CRIMINAL COURT
COILLIAM
(Before Baron ALDERSON, gr. JU
Robert Burke, aged OLD
waso
counterfeit shillings, and it was
proved that he had beenu!tviT.cioe convicted
lVd
of utteringsand
two
the
LORD BlAyou).
before convicted of a similar offence, and that he had also
been charged a number of times at the police offices with
uttering base coin.
Mr. Justice WILLIAMS said that after what had been stated,
I he considered it was hopeless to expect that the prisoner
could come to any good in this country, and the sentence
therefore necessarily was, that he be transported for ten years.
Henry 'talky, 34, chairmaker, was indicted for feloniously
cutting and wounding-Lucy Harley, with intent to murder
her.
It appeared that the parties were man and wife, but they
had separated, and on the day mentioned in the indictment,
the prisoner went to the house where the prosecutrix was
staying, and, apparently without any Provocation he seized
a carving knife and stabbed her in the lower part of her
person, inflicting a dreadful wound three inches deep.
For the defence some witnesses were called to make out a
case of insanity. The evidence, however, merely went to
show that the prisoner, in one bis versions, had made use
of some absurd and incoherent expressions.
Mr. Justice WILLIAMS having left the case to the jury,
they deliberated a short time, and then returned a verdict
of Guilty.
The Learned JUDGE inquired of the jury whether they
were of opinion that at the time the prisoner committed the
act imputed to him, he was perfectly aware of its quality and
the consequences likely to result from it.
The jury replied that they believed he was •quite.sane when
he committed the offence.
The Learned JrDGE then ordered the sentence of Death to
be recorded.

NE E W COURT.
(Before the COMMON SERGEANT.)
Ellen Love, 18, and Sarah ,Veedk, 18, two well-dreoed