SUPREME COURT.

Press, Volume XIII, Issue 1728, 19 September 1868, Page 3

SUPREME COURT.

Friday, September 18. {Before Mr. Justice Gresson.] His Honor took hie seat in the Court Chambers at eleven o'clock. BE HETBY DBABDB3T, DBCfiASBD. Mr Duncan applied for letters of administration to the executrix named inthe will. The application was granted. BE GEOBOB STAKDBK, DEOSA3BD. In this case Dr Foster had made an application for the iame of letters of ******£££ with two feetameittty iooomiaite annesed,

to the Receiver in the case of the lunacy of Jane Standon and to the executor named in the will. A point had arii-im owing to there being discrepancy between the two wills, end tin? case hid baeu postponed in orier to allow of Dr Foster looking up authorities. Tho L-isrned :;opt staf.:.] "• fresh alliJuvit had Ivvn iik-d, nud q-.i ited: various authorities in support of his I tion. ™ c * His Honor said he sliculd probably make the order, but wonl-f postpone his decision until the next sitting day, in order that he might hare time to look over the coses cited. In B-us'SErPTcr. BE LOUIS BHiitIXES. Dr Foster s«i.l he hoped that his learnjd friend Mr Garriek would not object to a postpDnomerK of the casa sill next Tuesday - Mγ G-arriek intimated his willingness to accede to such an application. His Honor understood, from remarks which had been made by oao of the counsel engaged in tho case, that the whole matter would be settled by the bankrupt paying 20j in the pound. Dr Foster believed that would be the ultimate result of the proceedings. His Honor s.iid che only question was, whether the time for surrender should not be extended. The Registrar said, at the meeting of creditors it was understood that the bankrupt should surrender on tho 2 Lst. The Court decided that the case ehonld be postponed until Tuesday next, and that the time for surrender should be extended till the 29th inst. In Banco, davis v. simpson. Mr Garrick for plaintiff ; Dr Foster for defendant. This case was set down for argument on demurrer ; but, on the application of counsel, was postponed till Friday next. j F2AEOS AND OTHEB3, CREDITOBS, V. SYMING" 'iON AND ANOTEEK. This was a special case for argument. On the application of counsel, the argument was adjourned until next sitting day. PAYMENT OF SOLICITOItS BY BANKEITPT3. Mr Garrick drew his Honor's attention to the fact that some observations had fallen from the Court at the last bankruptcy sittings, relative to professional gentlemen taking fees from bankrup's. [~lt will be remembered that in the case of Alexander Bennett and James Dodd, the bankrupts' accounts showed that they had paid Mr Bamford a sum of £20 for professional fees at tho time they filed their declaration of insolvency.] Ho would refer his Honor to the case of Charles House, 1 Law Reports, new series, p. 220, and exparte assignees Kobicson v. jßobaon, 32 Law Times, old eeries, to show the practice of the English Courts in matters of this kind. It was highly desirable that there should be a settled rule laid down, as it was only just that professional men should bo reimbursed at least what they paid out of their own pockets. The practice had hitherto T>een for somo friend of the insolvent to guarantee the payment of the solicitor's costs, but this was a circuitous mode of doing what ought to be done directly. His Honor felt the necessity of some rule being made to provide for the payment of solicitors' costs ia bankruptcy cases, and would bring the matter before the notice of the Judges of the Court of Appeal.