The Sun.
London, England, 1859-09-15 00:00:00

LA W INTELLIGENCE.-(71118 D. 4 Y.

COURT OF BANKRUPTC;Y.
(Before Mr. Commissioner Goul lburn.)

IN RE H. SMART.
This bankrupt was described as of Tichbor ne-street, Her
market, picture dealer, and now came up for his certificate.
The bankrupt passed on accounts prepared , V Mr. Smart,
Basinghall-street, accountant, and were satis factory as re-
garded explanations. It was clear, however, that in
January, 1858, the bankrupt was in a deficien, .iy to the ex-
tent of £97. The debts to unsecured creditor, s amount to
£2,664. Debts, good—£lo7 property given up tc i the official
assignee, £6BO and about £4O surplus on propel ly held by
creditors as security. The profits were stated at L 583;
against trade expense, £615 ; losses, £1,415 ; and household
expenses, £248.
Mr. Abraham, solicitor for the assignees, said I ;hat the,'
and the creditors were anxious that the bankruP t should
have a certificate of the first class.
His Honour said the creditors had no right to de tide.
Mr. .A2orahams said that the losses were on the , depre-
cia4,,on in value of some pictures.
His Honour considered there must have been some uegli-
gence where the costs so far exceeded the profits, and all he
could do would be to grant a certificate of the second class.

TRADER DEBTOR SUMMONSES.
His Honour, in the absence of any other Commissit )fler,
took a case under the Debtor Tradesmen's clause, the
effect of which is pretty well known is a preliminanV to
bankruptcy. As respects names and facts they are deep led
" private," although heard in the open court.
His Honour asked for proof of the debt, and an affidaN Tit

was put in.
His Honour—Where is the plaintiff ?
Solicitor—He is not here ; he can't attend.
His Honour—Then how can I make an order ? A denial
on the part of the alleged debtor stops us. A person sum
moning another under such a clause as this ought to appear.
I shall not order a bond on this evidence, and as no action
has been brought it must be done within 14 days, or I
shall dimiss the summons with costs.

SHERIFFS' COURT.
IMPORTANT TO ADVERTISERS.—DIMOND V THORLET.
This was an aetion to recover £5 for rent of boards fixed
to an advertising station belonging to plaintiff.
His Honour remembered that on the last occasion it WS.
agreed that plaintiff should have a verdict and that should
be an end of the affair.
Mr. Buchanan, for plaintiff, said there was no doubt that
defendant should have taken away the boards, and not
having done so was clearly liable.
Mr. Soyer, for defendant, the Cattle Food proprietor,
said that defendant was not bound to take away the
boards. It was usual in the advertising trade to send the
boards to the owner.
Mr. Buchanan thought that defendant was bound to
send for his boards. Upon a former occasion his honour
would recollect that defendant consented to a verdict, and
the boards were to be removed.
well,
His Honour—Yes; I recollect the matter perfectly
and cannot see how plaintiff can hope to recover.
Some discussion then ensued as to an agreement, and gr.
Thorley said all his agents sent the boards home.
His Honour remarked that defendant must have a verdict,
and after the result of the last action plaintiff should have
taken down the boards and removed them to a convenient
distance, there to await defendant sending for them.
Verdict for defendant.
OBJECTING TO AN INFANT—REA V. REA.
The parties in this suit were relations, and the araoulo
sought to be recovered was for debts contracted betW
the parties.
Mr. Buchanan objected to plaintiff's being a suitor.
Plaintiff had no relations and thought it very hard if he
could not recover what was really his due.
Mr. Buchanan—How old are you ?
Plaintiff—l am under age.
His Honour—You must sue by your next friend. V°ll
will be nonsuited.
Mr. Buchanan did not press for costs.
EXPENSIVE SUITS.—THE NATIONAL LOAN FUND ASOCIA'

TION V. WILLIS.
This case had been adjourned upon the application °f
Mr. Beard, in order that defendant might attend to gill:
certain explanations. This was a judgment summons, an
Mr. Beard again applied for an adjournment, as defendant
was compelled to be absent on his master's business.
His Honour thought the application reasonable.
Plaintiff said this was a second adjournment.
Mr. Beard—There are no costs on a judgment summons,
and it is absolutely necessary that defendant should W
present. This is a matter embracing his liberty.
His Honour granted an adjournment and no costs.
A BARGAIN IS A BARGAIN.-DIANNARD V. wiLsorr•
This was an action to recover £3 Ils, for three tons of
coal, alleged to have been sold to defendant, who holds cer-
tain offices.

Defendant pleaded that the coals were not sold to him.
Mr. Buchanan, for the plaintiff, stated it had been agreed
between the parties that plaintiff should supply the coals/
and that defendant should work out the debt by letting
plaintiff certain anew. As plaintiff could not obtain his
office he now sued for the coals. _ _ _

Defendant said that the coals were forced upon hint, snd
hat he had only burnt one ton.

His Honour thought that plaintiff had agreed for a cer-
ain object, and not for money. He had brought his action
in the wrong form, and must be nonsuited.

POLICE INTELLIGENCE.-(THIS DAY•)

MARLBOROUGH-STREET.
BASE INGRATITUDE—A DEFECTIVE LAW.—John Davis,
an elderly man, was charged before Mr. Bingham with
breaking a pane of glass of the value of £l4, the property
of Mr. Samuel Hicks, 9, Regent-street, silk mercer (late
Howell and James's).
Mr Hicks said that on the previous evening a your
man in his employ informed him that the prisoner h,
thrown a large stone at a valuable pane of glass, but had
not succeeded in breaking it. Ho then proceeded to the
door, and seeing the prisoner leaning against a pillar, 11°
told him he had better go away, upon which he immediately
thrust his hand into his pocket, and pulling out another
large stone deliberately threw it through a pane of the
value of £l4. He had been guilty of a similar act before'
and only the previous week had broken three or four pan
In answer to the Chief Clerk, Mr. Hicks said that Mrs
Rowell, a former partner, had assisted the prisoner t°
great extent from his boyhood, had paid his apprenticeshi?
fees and allowed him about £4O a-year since. 110 coney"
dered that the prisoner's object was extortion, as the
ante to him had been discontinued, and he apprehend
danger. The prisoner's conduct had been altogether verb
ungrateful.

The prisoner said he had had no food for some days.
Mr. Bingham said there was a relieving officer in eT__Ael'
parish, who would attend to him if he applied. He 11ePtii
another session of Parliament would not pass over witiLeo-
a law being passed which would enable him (the magistr°;a
to punish dangerous fellows such as him as he dwell
—(the law at present restricting the magistrate's power or
cases where the damage is not above £5). Hs should orclo
him to enter into his own recognisances to keep the Pet'
for the next six months.

THAMES.
FOWL STEALING.—DARINGROBBERY.—Lindsay Putt
a morose, dirty-looking fellow, about 20 years of age, '
brought before Mr. Selfe, charged with breaking into
as
out-house in the rear of of the Devonshire Arms public'
house, in Burn's-street, Henry-street, Limehouse, 31"--
stealing therefrom nine fowls, value 20s.
Mr. John Matthews, the landlord of the Devonshire fie;
said his attention Was called to a large carpenter's shop A
hind his house last night. The door had been forced,
All the
fowl house in the carpenter's shop broken into.
fowls, nine in number, were gone, On looking about 1032;
he saw the prisoner and two other thieves rush out of "4
carpenter's shop with the fowls in their possession. 111,61
were pursued, and several fowls were dropped by the thiltil
The prisoner was the only one secured, and three Of
stolen fowls were found concealed in his trousers.
Mr. Selfe—Were they alive ?
Mr. Matthews—They were, sir. The carpenter's 911°P
has been broken open before and a quantity of tools stole%
I have also lost fowls on another occasion. Two °f
fowls taken out of the fowl-house last night were RA.'"
this morniag. The other four are missing. tbel
Copp*, a police-constable, No. 379 K, stated that of
prisoner had been summarily convicted of felony, end g
his living by thieving.
The prisioner said he was asked by two others to go
with them on a fowl stealing expedition, and while he
going away with three fowls he was pushed and struck
the eye.
Mr. Selfe—You did not expect to get away sot ,fr,,eBc;
1 convict you of larceny on your plea of guilty, and selalelie
you to five months' imprisonment and hard labour lu
House of Correction.
ed

•en'
TRACTION ENGINE FOR INDIA.—A traction. i 3
gine (Boyden' s patent), ordered by the Governmen rio
for use in Bombay, was tested yesterday at East Acledo'vro.
the presence of several engineers and a gentleman sea' reo
by the Government to witness the experiment. The East
selected for the trial was the bridle-lane leading fra heavy
Acton to Friars'.. place, and, notwithstanding the ne
state of the'ground caused by the rains, the most Sa"'
expectations of the inventors were realised. Abrupt
in the lane were passed without difficulty, and the
.'„,fiest,
with a train of five waggons, measuring altogether iv,"
was turned completely round in a space of 39
feet. ri
MUTINY ON BOARD A MERCHANTNIAortion of
Nlonday last seven seamen, being the greaterr.'
_.,„d to
the crew of the bark Thomas Blytb, of Loncloni;,_Dracir to
the Mauritius, and which was compelled to P
Falmouth in consequence of the drunkenness and dialect,
a to
aster was sor
conductmagistra otfesthaet
Fabaohvneousethamanend, wseenrteoli)creodugthohtaebtieni_afnoerean
wooks' imprisonment with hard labour. y or five ed
telePraPue
sixi l fromnigh
nights
overwrought roo ub
eg ht
unablef e e l i nt
og
attendan d watchfulnessthelialingf.
The Chinese exchange quotations
r cent. at She.:
Monday showed a movement Of nearly
ghai in favour of this country ; but it apopoea
i k place and Im
fore the closing of the post a reaction i;y. the Pre
he same as wing a
the final rate was Gs. Gd., or exactly t
4s. 100., she
vious packet. At Hong Kong it was t
fresh turn of about per cent. agaius Faiglarld'
2 Pe
Pars that justzt