The Express.
London, England, 1864-01-29 00:00:00

JANUARY ", 1864.

tato tint Mucus.

COURT OF QUEEN'S MINCE—JAL 28.
Sittings In Ennr.l7(Bafor !ord Cbtor.firtiou Cockburn,

and Justi.ins Basal:run sod alike.)

This was the first of the lest four days at tat which are
devoted to motions and came in the mew trial paper ; but in
order to facilitate the basilicas of the wart, Justices
Crompton and Shoe sat in bunco in the Bail Court for the
disposal of motions, and this court at its sitting proceeded
with the care of
COI V. Wlii, CUIRIL TO THE MIDDLE LIITIL DIPADIAOZ
COMMISSION.

This was an action for negligence in not making and
maintaining the outlet sluice of the mid level, by 11141011 of
which the tidal waters broke through and ran over the
sluice and submerged the plaintiffs lanes. In order to get
rid of the drainage that for • long time used po fall into the
river Ousels the cheapest end most effective manner, it was
resolved to cut • straight line eleven miles in length
through the country known as the Marshland from
Pophem's race to the Marshland sluice running into the
One., and for that purpose an act of parliament, celled the
Middle Level Drainage Act, the 7th and Bth Vie., chap.
106, was obtained, giving the commissioners power to enter
upon the Marshland and make the cut required, but at the
same time imposing duties both onerous and difficult, for by
sections 137 and 138, which were relied on for the plaintiff,
not only were full directions given as to the mode in which
the out was to be made, and the banks, the pudelied clay
walls, and the femme were to be kept up and maiateined,
bet a good and substantial sluice was also to be made at the
end of the cut next the river Ouse. Such • shim the own-

iniesionere made, building it out into the river on the coa-
cave side, and with he smith wing es placed ae to be
moat mailed by the waters of the Owe, which i• •
tidal river. This sluice was built &twain 1844
and 1846, consisting of a sort d Mar of
three arches, each arch being stopped with doable sluice
doom, opining sod Matting with the advancing sod rued-
big waters. On each side of this bridge the banks eloped
gradually down to the bed of the river, which at the highest
tide row to about 18 feet. Between the 22nd and 26th of
March, 1862, two boles on the wart ode of the beak shut-
ting out the waters of the Once were discovered, 15 fest
deep and 4 feet wide, which betokeeed appreathing dan-
ger, and to fill up which with atones sad straw sundry
aorta ware made, es it appeared in vain, for on the 4th
May the slake was utterly destroyed, and so Imp a volume
of water thrown upon the land that by the 12th of May
6,000 acres were submerged, the crops utterly destroyed,
and the fertility seriously injured ; for which injury the
plaintiff—ate of those who were injured on the °assist—
seed the meneniarksere is their officid character,
in the name of their dart, for damages, tad an
damages giver' would have to be paid out of the
fends mixed nadir the act. The action wee tried before Lord
Chief Justice &le, at Norwich, wbo left it to the jury to soy,
first, whether there had been negligence is a legal point
of view is the construction of the alnico, observing that he
saw nothing in the widest* to show that there bad been
any want of care or skill to enable it to stand spinet its
powerful antagoakt, the ocean. Secondly, whether there
bad been any want of das etre and skill in maintaining the
sluice. as to which he droned there wee no evidence of any
sips of coming evil until the end of March, 1862, and that
the only matter in dispute wee whether there wee anti.
genre between that date and the end of April. If the all of
the sluice was owing to want of due care and skill, sad it
led to the inundation, or if after the fell of the sluice there
was a want of doe care and skill in applying means to
prevent an inundation, the loused judge said it
would be • cause of action. Ile also left a ques-
tion to them relative to the defendants omitting to make •
paddle wall. The jury found for the plaintiff ca the Let
three issue, which was substantially for him. The Lord
Chief Justice reserved the point of law, whether an action
would lie spinet the commissioners as such. A rule was
afterwards obtained to set aside the verdict as the ground
taken at the trial, that the action was not maintainable,
bemuse the romminionen being a public body, and booed
to discharge public duties without reward, sod the acts of
parliament providing no toads to meet such • demand ea
was made in the present action, they were sot responsible
for the negligence of anises; contractors, offices or sr.
yenta, rod also on the ground of misdirection in assuming •
power end • duty in the oommizeionere to coaetruet a dam
above the sluice, and that the jury were not told that if the
bents were sufficient to maintain upland waters, there was
no obligation to make them sufficient to resist tidal waters.
Mr. D. D. Keane, Mr. D. &own, and Mr. Phear
s
to show muse spied the rule ; Sir F. Kelly, Mr. O'=
Q.C., Mr. Metcalfe, and Mr. Newton, supported the rule.
Their lordahips took time to consider their judgment.

BAIL COURT.—JeN. 28.

kiittinp in Banco.—(Before Justice; Crompton and Shaw)

GIBSON O. BAB/ISS.

This wee an action tried at Guildhall a day or two sgo for
the value of curtain pictures that the plaintiff alleged he
had been induced to purehaos through the fraud and cotill-
ion of the defendant and others, wham a verdict was re-
turned for the plaintiff—damages, 581. Ta,

Mr. Huddlesione, Q.C., Dow 'moved for • rule calling
upon the plaiatiff to show canes why the verdict thong
not be met aside end • new trial had, on the grounds of pre•
judice amongst the jury, and that the verdict wee 'gaunt
the weight of evidence.
The Oonrt were of opinioe that there was no ground for •
new trial, end Wooed the rule.

BTIVAIT C. 'WAUGH.
Mr. Prideaux moved for a rule calling upon the plaintiffs
to show cause why the defendant should not be discharged
oat of custody. In Marsh hat the defendant, Calomel
Waugh, was arrested by older of Mr. Justice Blackburn for
a debt of 50,0001. The learned counsel moved under the
1 and 2 Vie., cap. 110, as act for the abolition of arrest on
means proms. It appeared that is 1857 the defendant
was made a bankrupt, but did not surrender until July
last. The plaintiffs were the managers of the Landoo and
Eastern Banking Company, who were creditors to the
amount of 254,166/. 18s. 1011., which wee made
■p
of 14,5001, for calls, and the rest for mosey
lent on mem. The Counniasiomer held that
the company could not recover the sum relating to the
backing account becai;as they were not a legal trading cunt.
ration, they not having paid up.the subeeripUort money ; but
be allowed the claim for mile. In March last the defendant
was arrested ty the plaintiffs for the stun of 50,0001.. the
rum which the Commissiooer had decided they could not
recover. The sum allowed was not included in the arrest.
If the claim bad been admitted the plaintiffs would have
been obliged to mooed in bankruptcy, sad would not after-
wards be able to angst the bankrupt or proceed by action.
If a creditor submitted to the jurisdiction of the Bankruptcy
Court be must be bound by it. He could sot turn cooed
and say it was s nullity, sad did not bind him. He could
not do anything after the decision, became that was a our
to the action.

Mr. Justice Crompton said if it were a bar the learned
coansel could plead it. The court could nut stop the pro-
ceedings upon a suggretiou which might or might sot
amount to a defame.
Mr. Prides= submitted that the moment the CMS was
brought within the jurisdiction of the Bankruptcy Court the
judgment of that court was final.
Mr. Justice Crompton observed that the matter was of a
egg technical baton., ?Aid asked if it we. an honest ease.

gr. Pridesitx replied that it was sots defeoce set up by
the defeedset ; it was set up by his assignees, for the pur-
pose of preveatisg what the dsfsadaut considered aa unjust
proceeding. He had given up all his property. All the
suitisfaction the creditor had was keeping the bankrupt
in prison.
Mr. Justice Cromptoo did not thick that the bankruptcy
laws were too hard for the debtor.

Prideaux said the plaintiffs were acting very badly
towards the defendant The defendant was totally blind
in one eye ; and was told he would be the other shortly.
The state of his health was such before the examination
that it had to be adjourned constantly. There was another
ground. He had previoitsly and subsequent to his angst
been desirous of staying in Eogland, to give information to
his assignees and endeavour to do away with the prejudice
and strong holier that existed against him. The defendant
had, under the act of 1849, applied to Commissioner Holt
royd for his discharge, but he declined to do this with-
out bail—himself in 4,000 f., and two sureties is half that
sum each, which he was unable to procure. Application
was then made to Commissioner Goulbure, who pasted an
order for Die discharge. An appeal was made against that
order, and the Lord Chancellor ordered an applica-
tion to this court, he doubting that the Court of
Bankruptcy could order the defendant's discharge.
The defendant's affidavits stated that he had so
intention of leaving England. and whim be was abroad before
the arrest he was constantly in communication with his
assignees and some of his creditors. He admitted that he
wont under the name of Maxwell, his wife's maiden name,
but he stated that was for the purpose of avoiding the ep-
itomise he was subjected to ; but be swore that it was pot
to avoid his creditors. He also stated that his reason for
coming to England was for the uurpossof surrendering, and
his sole object now was to stay in England, to give his
assignees all the information he could. His assignees had
admitted that be bad rendered them very valuable aaaist-
ince, ant they approved of his being dietharged. The de-
fendant further swore that the reason why he had not puled
his last eternisation was in consequesee of ill-health. The
learned counsel concluded by hoping that the court would
grant a rule to have the whole matter inquired iota
Mr. Justice Compton said he should have been very glad
to have granted the rule if Le saw that the feats 'rerouted
him in doing so, and so relieve the defendant from the hard-
ship of which be complained. The defendant had borrowed
the money and intended to quit the country, although now
be swears to the contrary. He (the learned judge) did not
see any reason wLy the court should interfere on the ironed
of hardship. As to the defendant's illness, he might put an
end to his imprisonment by going through the court. The
rule would be refused.

Mr. Justice She* weed with Mr. Jostles Crompton's
judgment
Ride discharged.

COURT OF COMMON PLEAS.-JAN. 28.

Sittings is &sm.—Welton, Lord Chief Justice Erie, cud
Juatiess Williams, Willis, and Keating.)

(STANLEY E. irnitai. -THE LATZ MB. ASHHKTON amrnes

!BOPIRTY.

This waa &boa part hasidcaos,- the question waa the con-
struction to be put upon a clause in the will of 3f re. Aube.
ton Smith, the widow of the celebrated fox-bunter. The will
devised to the defendant seine property at Tedwoeth, sod be
chased to have the two maces of North sad Seta Ted.

worth ; whilst the plaintiff, the heir-at-law, contended that
only one of *ors isrpera pasted to the defendant.
Mr. IL Saftl, Q.C., Mr. Kerala*. Q.C., and Mr.
Pinder, appeared for the plaintiff ; and Mr. Molt, Q.C., Mr.
Coleridge, Q.C., Mr. Kingdon, and Mr. War, for the de-
fendant. .

.............
The Court, at the conclusion of the argument, took time
to oonaider their judgment.

COURT OF PROBATE AND DIVORCE.
JAN. 28.
(80b,.0 the Judge Ordiaary )
LLOYD • . LLOYD AND 'MDT.

Dr. Twigs, fortM petitioner ;
Dr. Spinka for the respondent.
Ie the year 1853, the petitioner, Mr. Maim Charles
Lloyd, was staying in the island of Madeira, where a Mrs.
Gordon was also living. He became attached to her
daughter, T'lleadoeia Augusta, and married her on the
23rd of April in that year. Then had been two children of
the union. In 1859, when the puttee were again living in
the neighbourhood of Feachel, a small Hayti= steamer
touched at the island. The aptain was named Lionel
Jobert, but he called himself Count Spurted. Be wu
introduced to Mrs. Lloyd, sad to her mother. At that
time Mrs. Lloyd was living in a little cottage, which had
been taken for the summer, near Mn. Gordon's. Early
one morning she passed through her mother's garden, telling
her that she waa going down to her husband's haute in the
town. She rally went, however, to the beach, where •
boat was waiting to take her ato the steamer. The vessel
(which had been at Madeira about 17 days) then sailed
away. lo about three weeks Mrs. Gordon received a note
from her daughter, praying forgiveness for the step she bad
taken. She had nue lived with Jobert in America, where
he was serving under the Federal government ; but she was
DOW alone in Paris. _ _ _

The material facts of the ewe were proved by Mn.
Gordon, sad by the examination of witnesses taken by a
eommiasioo in Madeira.
Decree nisi.

HARRISON s. HARPSRON.

Dr. Spiaks andii.Tlea;leioT.th7igiitioaer.
The respondent, • farmer at Toyntoo, Lifiaobatiks,
married the petitioner so long age as the year 1822 ; and
they finally separated twenty years ago. The petition was
foe • dissolution oa the ground of cruelty and adultery.
The petitioner had been compelled to quit her husband on
account of his shameful ill•trsatment of her in 1837 ; but
in 1844, when his father died, and when the landlord ref used
as account of his misconduct to let him have the farm, he
went to his wife, professed the utmost penitence, and in.
dared her to go Leek to him. Is the course of a few days,
however, she found that his profligacy had seriously
affected her health. She left him again ; bat she bad not
been able to commence the emit till her brother died and
left her a small property. The respondent WAS described
by one of the witeanse as edam( himself now a drover, but
looking a vaplood.
Sir J. Wilde would confider the owe but he net his WI
vin7 strongly against the practice ef raking up mitten
which occurred twenty or thirty years ago for the sake of
making oat a cans of cruelty.

COURT OF BANICEIJPTOY.--.48. 28.
(Before Ikr. Commeeioner Irene.)

RR TRH SOUTHAMPTON, NMI OF WIGHT, LSD PORTSMOUTH

IMPROVED OTEAM.DOAT_C6IIPANT.

This was a sitting for settling the list of ccotributories to
this company, which was formed in 1860, with a nominal
capital of 15,000 f. The object of the company was the con-
veyance of good@ and psswingers between Sonthamptoo, the
Isle of Wight, and Portsmouth. There has been cousider-
able litigation in the Court of Chancery and elsewhere, and
the prospect of a divideod from the creditors is exceedingly
remote.

Yr. Bagley, for the official liquidators, proposed to put
the name of Edward Pitt Hopkins on the list for 60 shares.
There was no oppoettioo, and the register being put in
as evidewee the same was settled.

proposed to the name of Mr. Raw-
lings, of Winchester, on the list for 130 shame It ap-
peared that gentleman had, in the first instance, taken 80
shares, and subsenueetly 50 shares.
Mr. C. E. Lewis did not oppose Mr. Rawlings being put
on the list for 80 shares, but objected as to the remaining
50 shares, as they appeared ea the register es forfeited.
Hi. Honour held the objection to be fatal, and decided
Mr. Rawlings ersa only a ooatributory for 80 shares.
The proceedings then terminated.
(Before Mr. Ocoonaioolooor Holroyd.)
. RI WILLIAM MAT._ _

This was a sitting for azazumatuni. The bankrupt was a
ship and insurance broker, of Cstheriae-aoort, Seething.
lane, and Park-place, Gravelesod..

The statement of accounts shows :—Dr. : To creditors
unsecured, 3,515/. 10s. ld. ; liabilities co bills discounted,
8781.8.. Bd. ; creditors to be paid in fall, 921. 7s. sd. ; total,
4,4861. 6s. : By debtors, good, 535/. 18e. 24. ;
doubtful, 761. 15a. 6d. ; bad, 84/. 6s. 6d. ; liabilities, per
contra, 878!. Bs. Bd. ; property given up to assignees,
1381.3 e. ; deal:decoy, 2,8574 ; total, 4.486/. 6e. 211.
Mr. Nicholson, for the assignees, offered no opposition to
the &coasts.

I;o a, oa behalf of Menses. Peterson, Man', and
Hoppe, brokers, of Copenhagen, applied fir an adjoarnmeut.
His clients held a number of bills which might be paid by
other parties, then they might not rank on the estate. It
was impossible at present to say what the amount of their
proof might be. He also applied for a cash account for the
twelve months preceding the bankruptcy.
His Honour said that many of the creditors were foreigners,
and he thought that it was a very reasonable request. He
granted as adjournment for • mouth.
William Palmer, • mariner and 'curer of • shipping
office for seamen, obtained as immediate order of discharge.