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THE MONEY-LENDING INQUIRY.…

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FORESTRY IN CHESTER. ol

ACTION AGAINST THE HIGH SHERIFF…

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ACTION AGAINST THE HIGH SHERIFF OF CHESHIRE. 0 IMPORTANT JUDGMENT. His Honour Judge Wynne Ffoulkes gave an important judgment at Warrington County Court on Thursday with regard to the liability of High Sheriffs. The case was heard in July. It was a motion by the Official Receiver (Mr. C. J. Dibb) for an order upon Mr. Hugh Lyle Smyth, ex-High Sheriff of Cheshire, to pay him as trustee in the bankruptcy oi Henry Cooke, farmer, Thelwall, the sum of X214 7s. 3d., which it was alleged the High Sheriff had wrongfully detained.—Mr. Acton, barrister, of Manchester, appeared in support of the motion, which was opposed by Mr. Rose-Innes, barrister, London, instructed by Messrs. Birch, Cullimore, and Douglas, Chester. The dispute arose in the latter end of 1895, when the Sheriff sold up Cooke's goods under three executions, and out of the proceeds paid X185 15s. to his land- lords, representing arrears of rent due. A few days afterwards a receiving order was made against Cooke, it being alleged that on the 27th July he had executed a bill of sale in favour of his brother. Cooke was adjudi- cated a bankrupt, whereupon the Official Receiver called upon the Under-Sheriff (Mr. John Cullimore) to give up the proceeds of the sale, less the costs of execution, in pur- suance of sub-section 2 of section 11 of the Bankruptcy Act, 1890. The Sheriff handed over two sums of X149 12s. lOd. and R17 15s., but the Official Receiver, who was still trustee of the bankrupt, claimed the balance of 9214 7s. 3d. To this the Sheriff objected, on the ground that he was bound after the receipt of the landlord's notice to deduct from the pro- ceeds of the sale the amounts claimed by them for arrears of rent, and the balance, less proper Sheriff's poundage and costs of execu- tion, &c., was the amount paid over to the Official Receiver. His HONOUR, after quoting at some length several cases having an important bearing on the case, said nobody was injured by what the sheriff had done, and much time, vexation, and cost had been saved by it. He held that the money paid by the sheriff to the landlords in satisfaction of their claims was paid as rent, distinct from, and forming no part of the pro- ceeds of the sale under the execution. With regard to the wider question as to the conduct of the sheriff, the course which the sheriff had followed was similar to that followed by the sheriffs in Ireland, and was also the same which had been recognised as the practice of the sheriffs in England. It seemed to him to be a course which was less eircuitous than if the provisions of the statute had been technically observed, as it meant a saving of costs and delay, was less vexatious to the debtor, and was advantageous to the landlord. Uuder the cir- cumstances he could not do otherwise than approve of the course pursued by the sheriff in this case, and he therefore dismissed the motion with costs.

CHESTER EXTENSION PROPOSALS.…

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A SOLDIER'S STRANGE DEATH.…

COURT MARTIAL AT CHESTER.…

- DEATH OF THE REV. CANON…

HAWARDEN FESTIVAL. <♦>

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