The Express.
London, England, 1855-04-19 00:00:00

THE EXPRESS. THURSDAY EVENING, APRIL 19, 1855.

shine *add have been inland forfeited at • general or
sped.' !Betties of the company. It wee proved that after
the failure of the plainttff's Arm calls were made upon his
shires, and that week sails remained unpaid for • period
'medial' then months. The defeudante souesal
submitted that this was enough to work the for-
feiters of the shares, het se the art said that no
notice should be takes of such forfeiture until there had
bent thirty days' melee, it was sought to prove that each
seine bad been gine. A dirk stated that he hod takes
the spike je Kay 1882, to the late offices of the defendant's
arm le Austin-Man, bat be found the plan shut op, and a
cotice outside directing all messages, letters, end parcels to
be deltvend to a gentlemen named Coleman, tied the clerk
arecordiegly left his sotto* with Mr. Coleman. The nest
witame was Me. Colonise, and he add that he believed he
bad given the notice to Me. Nub's, oats of the plaietill's
partners. Mr. Noble had not been subpoenaed, sod to
could sot be called, bet the defendant's mussel adopted the
coons of calling the plaintiff. In his evidence, however,
be stated that be had never seen the notice, be having Rohe
abroad in the year 1849. The affidavit now produced stated
that this evidence had taken the defendant by surprise, and
opoa that end she upon some other grounds the rule for a
sew trial Ina asked.
The Court granted a rale upon the first point.
COLTMAN v. IitORIS.—LIaIOLITY OP A PRINCIPAL POR
PSI PBL3IIIIIIIPZISINTATION OP HIS LOlrit.
- -

- - ------- -
Mr. Rusting, Q.C., stated that this cape had been tried at '
Gloucester beton Mr. Baron Martin, who notieulted the
plairtiff, but gave leave to move to enter a verdict, if toe
Coen shoe d be of opinion that there was any evidences for
the jury, and the present motion was accordingly male to
enter a verdict for the plaintiff for 1241. 15e. Tr., plaintar
was • corn dealer, aid was in the habit of frequenting the
Bristol Corn Ezebanp, and buying large quantities
of eon, which be sent to the defendant's wharf,
to be shipped to Wales, and the course of bon-
uses was for the defendant to give receipts for all corn
so delivered to him, and the plaintiff, upon sticili receipts
being presented to him, paid for the corn. In December,
1864, the plaintiff purchased corn of the value of 1241 16e.
of a Mr. Lewis, and soon after Lewis brought to him are
ceipt for the con ginned by Mr. Board, the defendant's
agent, and the plaintiff thereupon paid Lewis for the corn.
It turned out, however. that the corn had never been deli-
vered at the defendant's wharf at all, and under thine cir-
cumstances the plaintiff sued the defendant, sad contended
that the defennant was liable for the false representation as
ts the receipts of the corn made by his spot Board. His
lordship, however, thought that the defendant was not
liable, and he directed a consult, and the question now was
whether his view of the ease was the right one.
Rule granted.
11.110ZWOOD e. LTALL.—LIADILITY OP 1110111T1111D SHIP
ORIOI2II.
The plaintiff in this case was a ship 'milder, and he sued
the defendant as tegistered part owner of a vessel mimed
the Siam, to recover 7011 10e. 14 , for repairs done to that
ship, end also inter's• upon that amount. The trial took
place before the Chief Justice, at the last sittings in London,
and the plaintiff was neusuited, but leave was given to
move to enter a verdict for the amount claimed.
Mr. Hugh Hill, Q.C., now moved pursuant to this leave,
and stated that the repairs is question were done to the
Siam in July, 1846. That vessel originally belonged to
Mr. Bertram, a merchant et Newcastle, but in October,
1840, he registered the defendant as owner of 48 64ths, but
in November of the same year the defendant transferred
1641ths to Mr. Turner, and retained in has own name the
remaieing 82•64 tbs. Evidence was, however, given thatthe
defendant's name had been registered only to secure some
advances that had been made to Mr. Bertram, and that the
defendant was not, in truth, part proprietor of the shin.
bat only mortgagee. It was stated that it had always been
believed by gentlemen connected with this shipping trade
that the regleter was conclusive evidence of ownership, and
that any person whose now was registered as owner was
of course liable to psy for repairs ; but his lordship took a
different view of the matter, and directed a nossuit.
The Chief Justice now said that he believed it would turn
out that the opinion held in the City as to the effect of re-
gistration was a popular error ; bat the questicn was un-
doubtedly a very important one, and .the matter ought to
be discussed.
• rule nisi wu ensordinply granted, but it was arranged
that it should not be argued until • case now before the
Court of Error, and is which a similar question was raised,
should have been decided.

Mt.
wharf,
the em

COURT OF EXCLIEQUER.-APRIL 18.
ID TA= LOAD CAMP DAMON. AND MID S rams, PLATT. AI
■ANTIN.

WILLS P. PLANT.—MALiCIODO I.IOIIIICUZION.
This action was brought to recover damee• a for a mali-
cious prosecution. It WY tried. at the last Surrey AIMS 6,
before Mr. Baron Platt, when a verdict was found fur the
plaintiff—damages. 1,6001.
Mr. Serjeaut Shee now moved for a rale nisi fora sew
trial, on the ground that the judge should have told the jury
there was reasonable and probable cause, and of eace.sive
damages.
The short history of the cam was as follows:—The
plaintiff end defendant are coalowners in the neighbour
hood of Wolverhampton. About the year 1863, a Mr.
Gibson was interested in some mines, and be succeeded in
Inducing Wilk, and Plant to take • one-sixteenth
share is a par:hauler mins hi Wiles. Gibson also
got ecouneeted with a mine is Ireland, at Trois., near
Castlentaine, and known as the Miyal Hibernian Mine
Giber■ mentioned this mine favourably to Wilk , who per-
suaded Pleat to embark in it, and Plant took a one-six-
teenth skarn, sad paid as much as 8001 Gibson went over
to Ireland, and while there gave fi .ming accounts of the
prospects of the mine, which mine turned out ultimately to
be entirely worthless. Plant indicted Willis end Gibson for a
conspiracy. The ease came on fur trial before Lord Camp-
bell at the last London sittings. Gibson was out of the
way, and Welke wa- acquitted, the jury stopping the ease
after Plant bad been heard. Wilke then brought the pre-
sent action for a malicious prosecution, and recovered as
stated above.
The court now, after hearing a fall statement from the
earned serjeant, granted a rule on both points.

DOUBT OF

r.—Arse 18.

sons sea.
IN ZS 110811.—IN at 11.1111.1..nif-
The bankrupts were drapers of Brixton and the Blank-
friars-road. Their cam has been already reported. Tun
was the certificate meetitg.
Mr. Linklater appeared for the assignees of each estate ;
Kr. Lawrence for Rues; Mi. Cbidiey (.r M'llifian.
Mr. Lawrence said his client was suffering from illness (as
was evident from his appearance, and his being mated with
an epile;tie fit in court), and his estate would pay 20e. is the
pound. Under such circumstances be trusted the court
would gnat an immediate certificate.
Mr. Linklater quoted letters written by the bankrupt
acknowledging his culpability, and tzuneratieg
from blame.
Mr. Lawman cited quotations from the same and other
letter, and submitted that they were evidently written at a
time when Ron waged unsound mind. Hu.stations bad
clearly overpuwern his reason.
The Commissioner said under the
would order an adjnnement.
Mr. Csidley-1 suppose the adjournment will extend to
the can of nay Ghent.
His Honour—Yea. Both cam must stand adjourned.
IN RI I. S. ILILAND.
The bankrupt was a isabinetmeker. of Kiss-.new,
Brighton. His accounts show uninearedcreditors, 2,2251. ;
secured, 673 e. This was the certificate meeting.
Mr. La.% ranee suppurte.; Mr. Tinian, for the soignee*,
did not oppose.
Ilia Honour said most of the each crediton were the
bankrupt'. own relatioas. It often proved most mischiev-
ous to the general body of creditors that a trader should be
kept up by his relations, who, in the long run, cams in
against the estate. If the bankrupt wen granted an im-
mediate certificate, say trader ought to receive on. It
was evident that the proceedings io bankruntey were of
frieadly character. There would be nothing for the creditors.
No proper buuks bad bees kept, and then wore cash cre-
ditor* to the amidst 0f2,2M The bankrupt would receive
• third-claw certificate, after sin months' suspension, with
protection.

the court

INSOLVENT DEBTOItB

BIRPOIIII MIL 00.11111111.11 ii /101IPAT.
IN 113 1 01 'AMU UUAW.—SIcOND
PILOTICTItaI

Is this is.,. whist was an appilection ander the Protec-
tion Aet, the questi(t was raised whether a second petition
matt the Promotion hot mold be sustained. The insolvint
had obtained his twit order, and in oonsequesos of an order
made by the Chiet Coil"ItOLOWIT Law, a mooed peution
was sot showed to be filed until an application had been
Made to Mr. Commissiorer Murphy. The owe stood over •
WOW the return of the Chief COMMiglialltf. There was no
limpidities by creditors to the application.
Xr. Lucas, on the part of the insolveat, submitted that'
Ono was nothing to prevent insolvents petittuning mute
than ogee wader the Protection. Act. The opinion of the
Chief Commissiocer had heed twined on old binktuptoy
Mese, but modern eases established the feet that secoud
NM against uneettifiested bsakrupts were not void, and
Sat they could acquire and keep property against all per-
Nets but the MOVIIIIIM.
Mr. Comusimiooer Murphy said he should consult the
learned chief eounaissioner on the question, so that a nal-
(snaky of practice might he established la the several
Putts.
Mr. &mood reminded the snort that there was another
ease proditg, in which the same point was raised.
His Honour said, one decision wouid fie the practise of
the mart is seen matters.
The ease was adjourned to the lad Key with prate Lion,
for the deci-iee of the commissioners on the important tuts-
boa sow raised seder the Protection het.

LUCCA TO PISTOL.* RALLWAT.—This Towns Monitor
are 30,01 or publishes • deeree, stating that vs tbeLacca
to Parr Ittilmay Coarry failed r its 'emeriti to
open the lino is the meat\ of December last, the Gera
Deal Greramest has as andvebtori right to withdraw
the cerromeloa ; yat, as it is umbras to give ovary fatality
to the company to parlors' the arrangements rattled into,
it orders that a rural meeting of the shareholders shell
he held as era as possible, is order to be made as.
gestated with the exact state of the mark% sad to adopt
sash swarm r they may madder heat awed to their ist•
terra, all the right. of the gainless ban, however.
ozpriegy roserwod.

THE POLICE COURTS.
---
MANSION-HOUSE.
Masks Norris, a man employed on the " dummy " Ise-
Imaging to the Loudon and Westminster Steens-boat Com-
peer, at the foot el 04 Sinn Stairs, appeared before Mr.
Alderman Wire, upon a summons charging him with as-
wallies Mr. B. Rialto, • geatleman holding • situation in
the Admiralty.
The complaisant, having been sworn, said—On Thursday
last I landed es the pier at the Old :Nudes Wharf, and see-
ing a Woolwich boat about to leave at the next pier, and
which I wished to get on beard, I -passed mind the
"dummy," when the defendant laid held of me by the
shoulders. I was passing hurriedly to the steamer. I
think he said, before laying bold of me, "You cannot pass
this way ; you must go up the steps." I told him that that
was not my way. and that I win going on board the Wool-
wich itesmer. I deeliaed going up the steps, when be said
he would make me. I forced my way on, he struggling and
°breasting me all along. He kept his hold of me till the
how had left the pier whin be released sae. I jumped over
du theirs which is placed to prevent persons going that way
before he stopped me. I saw no notice stating that I could
not pass that way. The defeneact used considerable force,
but perhaps not more than was necessary to put me back.
My coat was torn in the struggle.
Alderman Wire—The wool' of which you complain was
the defeadant's obstructing you in going from one dummy
to another.
Complainant—Yu, and insisting upon turning me 011$
into the street.
The defendant, in reply to the chargeosid he had received
positive orders hem his employers that no person shoal.' be
permitted to pass in the direction in which the oomplainnt
insisted upon going. The bbain was put up to prevent ems-
fusion and accidents, and on the complainant's having
jumped over it, he (defendant) tried to stop his propene,
and in doing so got hie hands severely hurt by the our
Plainant, who jammed them between his back and the nil
of the dummy.
Aldermen Wire—The question raised is au important
one, but this dummy is private property, and if the pro-
prietors of it, either for their own convenience or for the
convenience of the public, say that a passage shall not be
had across there, I cannot say that the man who charnels,
you is guilty of an assault. He is protecting a right. The
summons is, therefore, dismissed. If persons like yourself
is official authority will violate regulations, every body will
follow your example, and then we shall have constant com-
plaints of the insecurity of the public.
C implaiiiint-8o that I am thus betted to lose a boat.
Alderman Wire—No, you are bound to go in sufficient
time to enable you to get a boat, and not to hurry from one
boat to another except in accordance with the regulations
laid down by theproprieters.
Complainant—lt is an arbitrary regulation to make pas-
sengers go so far round.
Alderman Wire—lnstead of its being an arbitrary regu-
lation, I think it both a wise and a humane one. If other
persons following your example rushed over the chain there
would be great danger to human life. I think the regale-
tion admirably sdapted to prevent accident, as when it is
observed passengers go in one way and out another which
prevents them knocking each other down. I am clear 4 of
opinioa that the defendant has done nothing that is wrong,
and that he has committed no smolt, because he wu de-
fending a right whiei you were violating.
The sammene was dismissed.
BOW-STREET.
S. Pills, billiard table manufacturer, of Salisbury-
Strand, was summoned before Mr. Henry, under
pike Pnventioo Act.
. Bodkin, counsel for the crown, called several of the
....fondant's neighbours, and other witnesses, to prove that
dense smoke was constantly issuing from a shaft on his pre-
mises, which being lower than the adjoining houses, proved
au intolerable nuisance to the inhabitants, who could sel-
dom give their rooms an airing without having them filled
wits the offensive vapour. Complaint. had been repeatedly
made to the defendant upon the subject, and it was to be
regretted that, after such ample warning, be had allowed the
government to be pat to the expense of the present prase-
metion.
The defendant said he would be the last person in the
world to annoy his neighbours, and when complaint was
first made to him, he went to some expense to have the
chimney raised, employing the engineer of a self-consuming
smoke company to conduct the operation.
The engineer referred to was thin examined for the de-
' feeds's'', and he stated that the company's plan was for some
I time effective, until it got out of order, about • month ago.
He was going to send workmen to put it right again by de-
fendant's orders.
Mr. Sandersoo, however, expressed his belief, that the
plan could a be made effectual, and the learned counsel
stated that a score of remedies, simple and certain, could be
applied to the furnace in question, without considerable

expense,
Mr. Henry fined the defendant SL, gni reminded him
that the penalty was doubled for each repetition of the
offence.
William Dean WU committed for trial for killing Joseph
William Herr, under circumstances which hare been a:ready
published in our columns.

Mr. George Carter asked his worship's advice and assist-
&nee under the followirg circumstances. He stated that •
rathe more than twelve months since he was induced by I
an enticing prosectus to join " The Working Mao's Emi-
gration Society," the objects of which were "to raise a fund '
by the voluntary subscriptions of the members, for the
purpose of enabling each member to emigrate." The
entrance fee was 2s. 8d , with tea per cent. for expenses.
The applicant entered himself and two admits of his family ;
ids weekly payment was therefore Tr. 61. The tenth rule
stated that when a member had paid up not less than
li. 2s. 64. he shall be eligible to become an applicant for an
order to embark by ballot, but under all the clauses speci-
fying the monetary transactions of the society was intro-
duced "providing the funds of the society will permit."
The manager, Mr. Richard Coultmsn Soper, however, held
out to applicant that if he would at once provide half the
passsge money he would at once, alter giving a bond for the
remainder, receive an order to embark. Thinking all was
right ((continued the epplicant) I sold my furniture and paid
nu 161. 10s. I then applied for my " forthwith paste," but
Mr. Super told me that there were no fends, and advised
me to apply fur a possge from the government, at the office
to Patk•stresi, Westminster. I went there, aceompanied
by Mr. Soper, and I was told to send in my application.
did so, and thou under the 16th rule of our society, which
esys, "Any member being taxable to continue his subscrip-
tions may, on giving one mnoth's nodes in writing to the
secretary, receive beak his subscriptions, subject to such
deductions as the board may deem retwocable for the work-
ing ospewsos of the society, ' gave notice on the 9th of Co-
mber last to withdraw my payments. When the month
expired I applied, aid was told by Mr. Soper that there
were no funds. I afterwerds, however, received 51., and
abut two months since another St, leaving a balance due
to sae of W. 10s. At a meeting of directors held last week
the sum of U. Is, 6d. was ordered to be paid me, but Mr.
Soper says that he has net money in hand. As I have to
sail to-morrow ( ['handily), I went to Mr. Clerks, soli-
citor, of Bedford-row, to ask his advice. He accom-
panied as to the offices in Bedierd street, Red Lion-
square. We saw Mr. Eloper than, and weea
Mr. Clarke said to him, " Why don't you pay this poor
men after being ordered to no so," he replied, " That's my
buine,s not yours." Mr. Clarke than said to me. "Are
you a director of the society ?" I said, " Yee ;" " Then,"
said he, " take away these books." I did so, and on in
epectiog them I And that there is a balance of 201. at the
banker's.
Mr. Tyrwbitt—ln what way can I assist you? As a
director to year own society, you ought to have power
to manage your own affairs.
Applicaa,—But Mr. Soper is meager, director, seer*
tar?, and treasurer—in fact, be is the whole body of the
sort ty, and we are merely cyphers that pay is the money.
Mr. Tyre/hitt—l cannot assist you in the matter. Yon
most again advise with Mr. Clarke.
The applicant sad his two 00-directors then tied up the
books and departed.

MARTLEBONE.
Mr. Robert Ware, lanalurd of the Castle, Hampstead,
a.tended before Mr. Broughton, on a summons, which had
bees obtained against him by larpeotor Byron, of the
division, for the offence of having opened has house for the
sale of beer, spirits, tr., between the hours of half past 2
sad 6, on t e 6thday of the present month, Good Friday,
the same not being for the refreshment of bona fide tra-
vellers or lodgers.
Mr. Gay, solicitor to the Licensed Victuallers' Defence
etanciatios, appeared for the defendant.
Kemp, 718, as befog sworn, said—Oa Good Friday, at
twenty-five minutes to sic, I nuked the Csstle T , and
there saw two parties drinking either tea or coffee, in the
coffee-room, I cannot tell which. In the dining-room, up-
s.airs, there were eight persons. They had water upon the
table at which they were aitting. Defendant said the other
rooms were engaged by private parties. I did not go into
them. I went out at the front door to the gate of the tea-
gardens, and on entering them I saw about 160 persons,
ants of whom were sitting down smoking. Upon the tables
tome wars many pets, centaming melt liquor, and there
wars also bottles and a quantity of glasses. I went to the
defeadant, and arid to him, " There's a great many la your
bar, beteg supplied ,ith refreshments," and he said that he
was not aware that it was so, and he knew not that any-
thing but tea bad been supplied. I told him there were
only two persons in the gardens who were taking tea, and
be then told me that he had given strict orders to his ser-
vants that they were not to supply any one living in the
neighbourhood, within the prohibited hours—meaning, of
worse, thereby, that trundle n only mould be supplied
with the refreshments required.
By Mr. Guy—l am not much acquainted with the neigh-
Warbled. Good Friday was a very warm day. Most of
tie persons whom I saw at the house seemed to be "holiday
seekers."
Mr Guy, after alluding to the fact of 'evertor Byron
having, upon two former occasions, caused the defendant to
be brought up to this court ander nearly similar circum-
stances, when, after patieat hearing by Mr. Lang, both the
stuntman were dismissed, admitted, whitest any hesita-
tion whatever, that t?• parties spoken of by the constable
were in the bombe on the day and at the time stated. He
matended MU they were travellers within the messing of
seL
the legend poem= ailed the bead waiter of the
eirsgahmest, emits seated that be should not hats sup-
pled elny of the parties in the how with refreshments
beg hi sot believed from their armrest*, and the
psalm asesramee Nish they gave to him, that they were
MrMay and yelp imam •
Bleigheris, ellee remarking epos the vague sad to

definite sunset' in which the act of parliament, u re-
garded the meaning of the word "traveller," wu COw
oeived. came to the conclusion that he meta not under
the circumstances to unviet and be should, therefore, db-
•

roles the summon*, loathe( upon the matter, as he did, that
the parties who ware soon the promisee on the day above-
stated, were travellers.'