The Sun.
London, England, 1844-08-26 00:00:00

LAW INTELLIGENCE.

COURT OF BANKRUPTCY, Aug. 24.
APPLICATIONS UNDER THE NEW ACT.
The cases of several insolvents were brought before
the Court on the question of fees to be paid on the
filing of their proceedings, and the Learned Commis-
sioner was obliged to be somewhat positive on the
subject, in order to counteract the opinion which
seems to exist, that men are not only to get into debt,
but to be considered "martyrs" because they happen
to be in prison. There is a sickly affectation of hu-
manity either for the debtor or creditor, instead of the
centre path, in which the truth will be found.
An attorney applied to his Honour, with a view of
ascertaining whether the schedules of insolvents in
prison could not be filed without the payment of fees
until after their discharge. He said that from what
had appeared in the newspapers the applicants thought
they could be released at once from prison.
Mr. Commissioner FONBLANQUE said that every
article that appeared in a newspaper did not constitute
law. The whole Act was to be carried out, and not
a part, and therefore it was quite impossible that pro-
ceedings could be filed without the payment of fees.
The attorney hoped the payment of 1/. in each case
would be deemed sufficient till a scale of fees could be
promulgated. An advertisement of the first hearing
could be inserted in an evening paper for a less sum
than was charged by the morning papers.
The COURT said that the advertisements were for
creditors, and must be inserted in the morning papers
of known large circulation. The Commissioners were
anxious to give every facility to the discharge of men,
but in a court of law there must be certain regulation,
without which no proceedings could be satisfactorily
carried on.
The attorney again referred to the statements which
appeared in the papers and the forms published.
Mr. Commissioner FONBLANQUE (significantly)
Take the law from the Queen's printer.
Some further discussion occurred, which ended in
the Court ordering that 30s. in each case should, in
the first instance, be deposited with the messenger of
the Court.
Mr. Commissioner FONBLANQUE intimated that in
a few days the orders would be issued; it was im-
possible to make rules instanter.
IN RE TOLFRET.
This was an application on the part of an insolvent
who had been five years in prison, and was originally
taken on a Judge's order as a person about to leave
the country.
The attorney for the insolvent mentioned the cir-
cumstance to the Court, as a difference of opinion ex-
isted on the subject. The insolvent was now charged
in execution, and the point was whether he could
avail himself of the new Act, which he could not have
done if the proceedings had not gone on to execution.
Mr. Commissioner FONBLANQUE was of opinion
that he was entitled to his discharge, as he was now
in prison on an execution ; and he made the order ac-
cordingly.
IN THE MATTER OF ROBERT BANISTER.
This case has already been before the public. The
bankrupt was a draper at Portsea, and had absconded
from his creditors ;he had visited ➢Madeira. He had,
however, returned, and the present sitting was fixed
for his last examination.
The solicitor to the fiat applied for an adjournment,
in order that a fiat against Charles Banister might be
worked in London together, in accordance with an
order of the Chief Judge in Bankruptcy.
The Court granted the application.