Important Question under the Bankruptcy Act: An adjourned meeting for last examination in the bankruptcy of Wm. Bartlett Whiteway, of Kingsteignton, was held at the Exeter County Court yesterday, Mr. Fryer appearing for the bankrupt, and Mr. Petherick for a creditor — Mr. Pensent, spirit merchant, of Newton, to whom the bankrupt had given a promissory note. Whiteway was insolvent in 1855, and Mr. Petherick contended that as he had never received a certificate of discharge the proceedings under the first bankruptcy were still pending, and that the present petition ought therefore to be dismissed. Mr. Fryer said he took counsel’s opinions before filing the present petition, and the opinion was that the old bankruptcy did not prevent his client coming into court in respect of new debts. The practice, he said, was to adjourn the proceedings from time to time until the first bankruptcy should be disposed of. The case was finally adjourned for two months. Before the next meeting application will be made to the chief judge bankruptcy impound the proceedings under the old bankruptcy.
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