The Express.
London, England, 1863-04-17 00:00:00

TART QUEWIJON AB TO EICUILFOI yftaUlt.

Mr. Temple, Q.C., said that the plaintiff, • coconordid
traveller, seed to recover damages for the detention of hie
ca:tont • sod at the trial before Yr. Bane Mania, et
ki,sathe veining was for the *ducat foe 40s. The present
motion was for a nil, for a new trial upon the ;rowed of
mudirection, tied the circumstances were these :—Theßortit
Esstern Railway Company were in the habit every reason
of permitting persons resident at various watering.plues to
go from one wateciug.plaos to others, and return the rune
day, travelling with eleunion tickets issued at •
cheap rate. Such pamenr.ri, however, travelled
by the ordinary trains. There were ticksta of this
kind issued between Scarborough and Whitby,
end there was an intimation that persons travelling with
such tickets must take no luggage. At the latter aid
of October the plaintiff west to the station at Scerliceregh,
delivered his portmanteau to the porter, who pet it into
the luggage van, end afterwsids the plaintiff took an elem.
don ticket for Whitby. On the way to that place the pee.
seogers changed trains at Killingtoo, and at that place the
plaintiff asked the guard to take his portmanteau to
York, end leave it at the station till called for.
The guard refused to do so, sad the portmanteau went oa
to Whitby, where the plaintiff took no ootioe of it, but pro-
ceeded in the omnibus to the hotel, and sent she boots for
it. The company refused, however, to deliver it moles it
was paid for ; ape the ground that it belonged to • pert
who had travelled with an excursion ticket. The
plaintiff afterwards went back with his ticket to
Melton, sod thence to York; and there was
no doubt that he had not wished to go to
Whitby at all, but to York. At the trial the plaintiff ad.
aided that he had seen one of the hills in reference to
excursion ticket. ; and upon such bills there was • notice
that no luggage would be allowed. Os the part of the
plaintiff it was contended that the company had no power
to make such a stipulation with respect to logo's*, inasmuch
as their act provided that every cages travelling upon the
railway might take with hien i•~ary lugpgs not exceeding
150 lbs. weight for first-class passengers, and 100 lbs. for other
passenger; without extra charge. The judge was of opinina
that the act did prevent the company from making the
bsrpre as to no luggage beteg allowed, and the Question
now was whether he we. right in so bolding ; as if so, it
mint possibly prevent the company from running excunioa
trains until they could obtain further powers.
The Lord Chief Justice said it was a very important
point ; sod although the wards were against the company,
there were many considerations bearing upon the matter.
Mr. Temple said there was soother point. The port.
manteau contained a number of simples, and it we, there.
fore submitted that its oonteuts were not " ordinary
lespge
The Lord Chief Justioe thought, after some discussion,
that there were hardly sufficient materials to mine this
latter point, but upon the first coos there would be a rule.
Ride granted.
Bittiop et Nisi Prins in Middlesex.—(Before Mr. Jastice
Williams and a Common Jury.)
TIOOT T. COBIAIY. —A LOAN TO AN ANTIBT,

;4cover two pictures—
one of "Jerry, the Fire-dog," and the other called " The
Opera Cloak."
lir. Wstkin Williams appeared for the plaintiff, and
Ar. D. D. Keane for the defendant. . . .

It warn Matedthat the plaintiff wee an artist, living in
Newman-street, and the pictures in question were painted
by him, and were exhibited in the gallery at theCanterbery-
hall. In July lest year he applied to the defendant to ad-
vance him 51., and the defendant comented to lied him the
mosey. for a month upon having the pictures as
security. It wee agreed that the interest Mould be
It., and the defendant deducted the sovereign at fist,
and has* the plaintiff 41. The plaintiff gave the defendant
• prommsory note for 51. p..yabk in a mouth, and he also
gem an order upon the proprietors of the Canterbury.ksll
not to deliver the pictures to anybody bet the defendant.
The loan was mot repaid at the end of the month, and it wee
&imaged that time should be given upon the plaintiff paying
Uttered at the rate of 10s. a mouth. Oa the 17th
the defendant wrote to the plaintiff, saying that September
amount of his claim was paid be mbould part with the
pictures, and proceed for the batmen. At this
time, however the plaintiff was at Newmarket painting,
and he did not get the letter until his return in November.
Soon afterwards he new nee of hie pictures in the shop of
the defendant's son ia the Westminster-road, and there was
a hill announcing that it wee to be miffed for. The plain-
tiff protested against this, and souse time afterwards he
tendered the amount of the defeedent's claim, 71. ; but the
defendant said that one of the pictures had been raffled
for 31., and the oiler mold for N. sa.
Thom wee oonfbcting evidence as to whether the chi-
fondant wee to have power of sale upon default ; end the
defendant's mussel also contended an • point of law that
even upon the plaintiff's evidence there would be an Im-
plied power of sale. Another point in dispel,* wee the
value of the pictures ; the plaintiff's opinion being that the
" Fire-dog " was worth 501., and the " flpsees Cloak "104 ;
whilst for the defendant the evidence wee that the two
were ant worth bl. .

The jury essersed the damages et 201., tut his lordship, as
• matter of law, ruled that the action would Dot lie ; aad he
therefore directed • verdict for the defendant, but gave the
plaintiff leave to move to eater the verdict for himself
for 2W.

COURT OF PROBATE AND DIVORCE.
(Bafo+ tea Jody Ordinary.)
mann y. DOOLIMIL

The Queen's Adv-ocate,-111r. derTaBOT Bees, Mr. Hansen,
Mr. Dowdeswell, and Mr. C. Turner, for the pasintdf ; Mr.
M. Chambers, Q.C., Ur. Cleashy, Q.C., Dr. tigrish, Mr. B.
E. Tumor, and Mr. Inderwick for the defendant.
In this ewe there has already been • 'pedal jury trial of
portentous length, resulting in a verdict which dreaded that
the plaintiff, Francine° Cried., was the natural eon of a
rich nwochaat of Begin!: dement, at Faro, in the province d
Algarve, nethekiogdom of Portugal, by Barbara Julia Orates,
the daughter of abarber in that town. The suit now nano
again before the court for the discussion of several legal
points ; amongst others whether Henry Crispin, the plain.
tin father, was by the law of Portugal of wale or plebsisa
rank ; and whether a person of the latter deseriptiore. with
• natural son, could dispose by will of more than a third of
hie property ? The estate in dispute is said to be worth
about 300,000 i.
Bir R. Phillimore contended that Hoary Crispin was sots
noble, and that therefore bin natural eon had a right to
succeed as if he were legitimate. Before 1716 no Portu-
guese trader ever did or could acquire nobility ; but by
a series of statutes which were commenced by Jose L, and
which motioned till 1777, nobility was conferred upon the
rosenben of certain privileged companies, and deo upon
grown trattos or wholesale merchaote. The learned
counsel denied that Henry Crispin was • grow) tratto,
because he sold goods over the counter.
Evidenue was then given in support of the plaistiff's
allegations. and
The ans wee proceeding when we went to press.

COURT OF BANKRUPTCY.
(Wore Mr. OODIMMIDOMOT GOIllbOTD.)
IN BS LIWIS—AN ACCOMMODATING IVUTT.

The brink...4pr, described as a foreign and general mer.
chant, of Old Broedetreet, applied on a forgoer day for his
release from custody, and was required to find two nineties
in foOf. each. . . . . .

Mr. Solomon, on behalf of the detaining creditor, now
wished to examine the proposed sureties.
A person named Myers, who described himself as a boot
manufacturer, of Dukeatrest,Aldgate, stated he had become
bail at the recision of the bankrupt. He was in the habit of
becoming bail. (Laughter.) Had been bail, perhaps, twenty
times in the Insolvent Debtors' Court. Wu sot paid for
his services, only expenses, cab hire, and so on.
The Commissioner—And pray what may you usually
receive on such occasion'
My.n—Oh, about 7s. ed. a day. (Laughter.) He bad
been objected to as ban before, but never rejected. He
was worth more than 1091. in stock in trade and furniture.
The other surety was examined, and being found satin.
factory, his Honour accepted the two, and discharged the
bankrupt.
(Before Mr. Commissioner Feat.)
IN as 1105130 AND MINT.

The bankrupts were auctioneers, of Upper St. 'farther.
lase. This was this sitting for examination end discharce.
The account. show joint debts and liabilities of 3,9461., a irk
russets stated at over 8001. But Priest's separate balance.
*beet shows a much larger amount of liability ; his debts
amoticj to 12,3331., in respect of which security is bald
for 8,6631. The secured creditors are principally insurance
companies, who hold property in Long-acre and elsewhere.
dergood opposed for the assignees, sod for Mr. Tbomp•
son. a creditor ; Mr. B. Griffiths appeared for the bankrupt
Priest.

_
An adjournment was °winced for cash and deficiency as
canna

The bankrupt was a farmer, of Writtle, &sex. This was
the sitting for examination and discharge ; debt. shoat
5001. The only peculiarity in the cw was, that though
the bankrupt lived in the close neighbourhood of Daemon,
his wits had proceeded spinet him in the Divorce Court,
and bad obinund a decree for alimony of 401. a year. In
anticipation of Wm, he bad settled property of 1,5001. upon
his children'.

Yr. R. Griffiths, on behalf of Mr. Aldridge, the mown
solicitor, required ►n adjournment with • view to investi-
gate the trust deed executed by the bankrupt in favour of
has children.
Mr. Sawed, for the bankrupt, opposed the application.
His Honour peasnai the examination, and adjourned the
order of discharge.

Two men were examined before the Sheffield
magistrates yesterday, en • dune of forging Federal
" greenbacks." One of the miss was an engraver and the
others hthogr.pbic printer ; but it appears that an Amen-
an, who is now or was in Ireland, was the prim. mover in
the plot. About 3,000 10-dollar notes bad been engraved
from • plate found in the possession of the prisoners, The
Dotes were despatchal to America, and circulated Mere.
The prisoners were remanded.

An inquiry was opened last evening by Dr. /An-
kris, at tthhee Royal Free Hospital, Oray's-inn.road, teaching
the death at Made, KM& aged 47, who met with as aocidsat
while easkavosztag to 11111,* a trace at the Liege-more
stalls., owls', as alleged, to insciScisot time beiag allowed
to him to get onto/ the carriage in satsty
Nary King, widow of the demand, of 4, Albeetrtarrace,
Caladonisaproad, mid her husband was doormats to a paw-
tegraphie artist, end ea Friday, the 27th all, he lets
her in good health at baltpast seven ceolook est morn*.
About sine &dock in the emnieg she was sent for to the
ling'smoes statics at the Undimmed Railway, being told
that her husband had met with an accident. On arriving
them she found that be bad hem tam to the Royal Free
Hospital, where she saw lies. He told her that he was
cot of the trait, and before be oonld do so, the train
by which he ma Mocked down sad hie leg broken. He
Mmed the company, m be thought the train, wee started
too soon. His died on Monde last.
The °armor iaquired for w me to the amides*
vim Mr. Rushmore, the sommoning ofilisr, said them win
sem pressen, although he bad given notice to the ocanpaoy
them.
'L'ieci tor es Use railway said he attended on the part
el the company to answer any quietism relative to this

The'Coroner thought that witnesses should have been pro-
duet Theiaepeetartepreesotad, as it sere, the defetid•
ants, sad for the present M mild not bear him, unless by
the vrleb at the jury.
better that . He thought the medial evidemm had
be teem

Yr. Jolla Daniel Hill, wicket hoeserurpon, doodad to
sang the doodad oe his admission to the hospital on
Friday, 97th all He was suffering from fracture of the
right leg. The limb was set in splints, and he did
well until the 31st ult. when symptoms of st
hernia (rupture) mese an. Aecordiug to deceased's
ties he bed suffered from irreducible hernia foe some years.
Mr. Hill surgically described the effprts rude to relieve the
deemed, at first sumeedelly, bet eventually upon °maul-
lotion it was deemed eeseareary in order t• nave the life of
the seaa that the hernia should be operated on, bet to
this the deceased refired to submit, sad he did on
Monday kat. The cede of death was exhanatios from the
pa* and signed fallowing*. straagalation. The fracture
had become didided latterly—there was no union.
By the Jury—Wham was of °pinkie that the death was
him a dead care, and that the accident had sothieg to
do with it. The alas bad feebleness and weeklies' of the
basso, and he did not think the fall or fracture bed dything
to do with inoreasiag the rupture. Noce of the bowel,
however, eame down after the accident.
Some of the jury were of opinion that they should re-
ceive the medical evideeos se given end come to a verdict,
bet, after some diecumioo, they wished to desalt alone.
The room was then cleared of strangers, end, atter some
debberatica, an adioeraneset for further evidence was
vend to.