The Express.
London, England, 1852-01-28 00:00:00

COURT OF EXCHEUUER.—Turrioumy,

imam» IN INAWNI.—INious. lOU 000 (1.1101 11.0141. Ma baLON
Naas. 46. Bow. %u 0. Am, Ma Warn Ps Arr.
HIMINOWAT v. WTIIi AID WYNNI r. HIMINDWAT.
Arms Von TIM PVlLeitAill•Muntir or A 110050.
. . .

Them were two Mole actions, the first having been
tried list Monday week, and the latter on last Monday, and
in both eases a verdict was obtained by Mr. Wynne. The
fact. ot the case of Hemingway and Wynne were these
Mr. Ileraingway tsul brought an action against Mr. Wynne
to recover the sum of 2001. being the balance of the
perch., -money of a race-boese called Ekho, which Me:
Hemingeel had *greed to sell to Mr. Wy_nne fur the
mum ot tot*. Mr. Wynne pleaded payment. Mr. Mining-
way was a merchant living at Liverpool, and in June, 1851,
was poem seed ot a horse called Elcho, which he had entered
to run for the Liverpool Cup, which was to be run fur on
the 10th of July, 1851. At this time Mr. Hemingway was
In want of money, anti wished to raise it upon the horse
Licho. A Mr. Aspinall accordingly introduced Mr. Hem-
ingway to Mr. Wynne on the 21st of June, 1851. After
basing peen the horse Each° exercised, which was done on
the 27th, Mr. Wynne, who was unwilling to lend money
apes the horse% agreed to purchase it for the sum
of 4001., .1/. b. ing allowed u discount, thus reducing the
actual purehme-money to the sum of 3951. Oa the 30th of
June du• parties met together, and Mr. Wynne paid Mr.
Hemingway the suon 01 110/. on account of the 3951.; but
the hone wai not delivered to Mr. W)nue, •ho promised
to pay Mr. Ilecninoway Wit. more iu a few days. It was
then agreed that as the house was not delivered Mr. Hem-
ingway should accept a hill for 200/, which Mr. Aspinall
was to hold as a security that the horse should be delivered,
which it subsequently was. Upon the first trial, Mr.
Wynne and Mr. Aspinall swore that Mr. laming
way had been paid 310/., instead of 1401. With
respect to this first trial, Mr. Knowles now moved
for • new trial upon aftiolasits contradicting the evidence
given by Mr. Wynne. With regard to the second trial, it
appeared that it was an action brought upon the bill of ex-
change fur 2001, to which Mr. Ilemingssay pleaded that he
did not owe Mr. Wynne the money, and brought a body ot
evidence to show that he we.; not at Birkenhead on the
26th of July, the day on which the hill was dated. The
plaintiff, Mr. Wynne, then contended that the bill was ac-
tually given on the 21st July, and endeavoured to show
that fact. With regard to this second trial, Mr. Knowles
ROW applied for • new trial, on the ground that the verdict
was against the evidence, it having been clearly proved
that Mr. Hemingway was in London on the 26th of July,
the a., .o whom the bill was dated, and was not at liirk•
'ahead, at which place the bill appeared to be made.
The Court said they would take time to consider whether
they would grant a rale.
HILL r. ran.r.—APYLICATION TO RtnelND AN ORDER
Ti) moist R TiIRBOOK OP A LCNA rue ASYLUM.

I• this ewe Mr. hill moved to rescind an order made
therein hr Mr. Baron Menlo, at Chambers, for the pro-
duction of books and papers required to be produced by
the statute of lt and 9 Vitt., cap. 100, an act
pru-
viding for the better care and treatment of lunatics. The
action was brought for the mismanagement of a lunatic
asylum kept by the defendant, of which the plaintiff had
been an inmate. The plaintiff complained of not haying
been allowed sufficient air and esereite. The declar►-
tion contained • warrant in trove,. The ground of the
present motion was, that there was no power given by the
get for the production of these books and papers, and
therefore that the order ought not to have been made. As
regarded the public generally, the question involved mat-
ters of the greatest consequence. The books were of a pri-
vate nature, and contained statements with regard to the
peculiarities and delusions of the various patients, which, if
revealed to the public, would onxluee great pain to indi-
viduals and families. By the 1-ith section of the act it was
provided that a medical wildcate should he given to the
keeper of ■ lunatic asylum, and also an order for the re-
ception of a lunatic, and the order and certificate made in the
cam of the present plaintiff were now called for. the
general averments were, that the defendant did not
treat the plaintiff with proper care and diligence; and that
he had not allowed him esercise ; and that be was prevented
from seeing his friends.
Mr. 0111/1111 Alderson.—Snrely the production of a medial
certificate is important evidence to show the IllAtlite of the
disease undh r which the plaintiff laboured when he was re-
ceived into the asylum, and to show the treatment be had
received.

11r. vi fin 11 • sai d there was no great ohjeetiosi to the pro-
duction of the book.; but, if en application of this kind
were granted, it might lead to an avoidance of the regula-
tions of the lunacy eonimisiiinoces with respect to the man-
lier at 'tiering the books ao lunatic asylums.
Mr. Barra Parke said that keepers of Nestle asylum. did
mot make any entries, they were not bound to keep their
books according to any rule that a court of law might lay
dowa.

--/dr. &sell' mid the legislature had thought secrecy so
Important that the commissioners, their secretary, and the
assistant clerks took an nails not to divulge, eseept to proper
Mathorities, any matters that they might know officially.
Mr. E. James, who supported the order, said that
the matter. that would be produced would be of meat
with reference to the merits of the case. It would
Mbn that the plaintiff had been removed to another
asylum, where he soon recovered. It was not tree that
Museum was taken op by the Alleged Lusatia' Protection
Society.
The Court, after a short diaconal. intimated that Mr.
James should be heard on Thursday neat.
INSOLVENT DEBTORS' COMlT.—Yzannumy.
Poisons rue ano ftinsinecosoia.
le TUT Maros OT JON'S MICIIIARL WALLAS.
This insolvent, a duties in Fleet-meet and other places,
trading as M. James, end Co," applied to be diecherged.
Mr. Dow.. ',posed far a bill discounter, mused Barnett
haelb oat Mr. Cookie (Mr. Barred with him), sip-
forted.
It appeared that the issolvait was a bankrupt is 1843,
when be "biased his emilleate. He thou owed COW,
sod bad lest 10,0001. "(hie own wog in spesalstions. In
Hiebttertitiaseed ander Us 1001. act, as be tamed it, and
his Real ardor. Hs aim eared about 1,1001.
lawn won leh mews he the lehehal• sal a /ow