The Express.
London, England, 1864-01-22 00:00:00

LAM INTELIAIGENOII
ITHD3 DAY.)

001:111T OF QIIKEN'S BKNOH.
Sittings ha Nava —Won Lord Chief Julian Coekbarp
rad Jostler Orompioe, Blaokbars, sod Mellor.)

rim QUM V. foams min !warns=
Mr. H. Junes moved for • rule calling upon two of the
justices of Staffoedehim to show cause why they should not
mate a aim, nadir the 9D and 21 Vice., chap. 43, for tilt
opinion el the mart. It appeared that the defendaste
were striated on the Bth inst., without warrant or informs.
Sion being laid or verbally made on oath, sod charged
order the lOth section et the 24 end 25 Viet., chap: 97, the
Malicious Injury to Property Act,. for sewn Ere
to (*rein letters and • lOW big in • pillar letter.
box at Dresden, in the pasta of Trentham. That maim
made the offences committed War it • felony, bat at the
adjourned hearing of the case the Wrens, for tee pomace.
tor changed the character of the cameo by proceeding ax
for a misdemeanour under the nod seam, which gave fhb
magistrate summary jurisdiction. The awe proceeded, and
at its close the attorney for the defendant objected to the
hariadiction on the ground that the magistrates ought t<,
veseeted attar informal= re oath and summons;
that bed no right to prooselton a second charge at a
part el erieMml *plaice.
The cm* however, attic lILIVOIVing some doubt upon the
matter, glutted &rale.
The oasis this took the spatial paper.
COURT OF EXCHEQUER.
_ _

Malay ia iaiaeo.—(Balors Load Meiling= Pollock, and
Buono Ma, &unwell, and CbannelL)

szaimmi AND ovimui V. lawn AND araisa.—ThE

TIRICI ACT.
This action we brought by certain "baity" colliers
splint the azinators of the late Mr. Timothy Bisset; the
owner of a coal mine in the Forest of Dean, to recover
1,722/. WM. for work sad labour. There were pleas of
payment sad aoeord and estidaction. and a set off in the
shape al good. supplied to the plaintiffs in part settlement
of the claim. The plaintiffs contended that the defendants
were nth entitled to the set off as the goods had beset sup
plied in mathematics of the Truck Act. The
ease was tried at Gloucester before Yr. Baron Cherwell, who
directed • ammait to be mitered, and last term Yr. Had.
cUeston, Q. 0., obtained a rule to show was why the noe.
suit should sot be est aside and a verdict entered for the
plaintiffs for the mum claimed.
Mr. Grey, Q.C., in showing muse against the rule,
amid that the custom among owners of oral mines
wati instead of working the mines themselve,„
to make a bargain with certain permits called batty colliers,
to get out the creel at en meth per too to be delivered either
at the bottom or the month of the pit. These men entered
into a kind of pertamettip for the purpose of carrying out
the ansagement, sad employed under theca tea, twenty,
thirty, and menstimm more miners, who dug out the cal
and were paid Inns is money. The question now wee
whether than batty colliers were " labourers or artificers "
withie the messing al the Track Act, and ought, therefor;
to be paid by their employers only m the =run
coin of the realm. Mr. Gray submitted that they
stood in • very different positive to poor working men
whom the legislature desired to protect against being paid io
goods, and mid that though it appeared they actually
worked themselves, they were not bound to dO so under the
term of their coatract.

Mr.loddlnto; Q.C., on the other side, rid that in all
the colliery districts the batty colliers had been treated as
servants under the Matter and Servants Act, and frequently
they had expiated the offence of leaving their service with.
out Betio, by mouths of impriaoomeot. He contended that
ea them ONO invariably worked tbetoselver, the compact
mast bosomed to involve personal labour, and that they
were, therefore, artificers within the meaning of the
statute.

Yr. Hwry James followed on the game Ada
The court was unanimously of opinion that the plaintiff.
did not come within the Truck Act, and theta' ride should 0,
be discharged. If the entreat were merely for labour, 'e
they thought it would tome under the act ; but if for the
moult of labour, as, for instance, in the see of a
contract for the :Wooing of a quantity of clay, it would not
be within the act. This was at the bottom of the disbar.
tine between the asses within and not within the act, and
the present contract came within the latter description.
The court, in dischargiug the ruts, adopted the authority of
"Riley v. Warden," in which the law applicable to three
erre bad been distinctly laid down.
Rule discharged.
COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary )
ROBINSON AND ANOTHZR r. WYNN.

Tins executor in thin ease propounded • will for proof in
solemn form. It was opposed by the defeedaat, a heather
of the deceusd, oe the ground of omit'', executioe and want
of testententery aspeafty, bat he had given Ratios that he
itould not WI whitens*.

D7.Bpiilksapisiisrafq; the plaintiffs ; Dr. Doan% Q.C.,
far the isfssidaat. _ . .

The teaser was • *table at Mirfield, a village in York-
shire. She died at the age of 40, as the 21st of
Jane bat, having executed the will in dispute eight
days previous. She was passaged of the house
she lived in, sad also of • joist interest '
whither brother in twelve others. By the will abs gave
to her friends Mr. sad Mrs. Benjamin Robinsos, all her
persosalty with the exceptional 'legacy of ICR.Sheolutdr,
and • life interest, in another leaf. to her brother. She
also bequeathed • life interest in the house she lived is to
Mr. Rehires, lad directed it, after her death, top with
her share of the other bores to her brother for his life.
As to the remainder of her 'elate, she ordered
it to be equally divided amongst seven cousins. It was
Ctthat she had sent for the Robinson,, expiated
rs to them, and requested them to send for so
attorney named Armitaze. Armitage drew up the will, had
it executed in his presence, and attested it in conjunction
• ith a neighbour named Smith. The witnesses deposed to
the paler capacity of the demised.
Sir J. Wilde could hardly imagine what could have in.
dead the defended to contest the will. It lOWA be admitted
to probate, but sada. the rola of his court he could not
*oedema the tideMent in the oats.

COURT OF BANKRUPTCY.
(Wan Yr. Oosorniasioser Faso.)
111 11 1LL3383011. 4PTLICATION FOB MAASS.

Thednnmer;M of this ore were somewhat peenliar.
The bankrupt we described as a ureter mariner. He had
bees arrested cm coming off • voyage, at the suit al the Mel.
C
Gm Cheraay.
Ur. Chide, meond sad asked that the application should
sot b. enterinimd until after the choice of amigos. The
bestinna bed only bees in custody a few days. He was
a for &images of 140 i. recovered spinet him in the
Supreme Ocecrt off Melbourne The plakedff bad mine-
quietly seed bra at Bt. John's, New Beasswiek, bet had
may been able to get hold of him on his coming to this
cosetry. If are released he would est the court at dame.
Mr. E Reed, for the beam* rated that dr o
creditor ens the oely creditor. The see wesloo:ill
greet headship. Ia HMO, Captain Kavanagh took coca.
'rad of the Queen of Commerce, boned for Air
take; part of her mem was some retorts
to the Melbourne dee Compay, which were to
be damaged ; they sued the rap4eis. wimp
; but slew he had returned to Enka with
hi▪ s
mewl, the adios was premed to judgment, sad the
beskrupt wee wow taken four yore after the hese of the
writ.
Mr. Cleidie7 mid the beakrupt bad made himself Timm.
▪ sby tiepin the bill of lading. guaranteeing the proper
delivery al the goods.
His Hwwr pasted the release.

-11 11 ABANDON AND NOAH.
The beakrepes was deemdied ma wise iserehents M,
of Lawrence Yeast 7-tens. min was the miWeg for am
mikados mod dietherge. The balasemsheees breve not
ban tied ; bat the statement of &comet' sessespanyisg
the peliehis share ma segregate liability of flikided.,
mom ultimate& subject to realintioo, at MOM
Mr. E. J. Reed, far the assignor, said he Mood the
benkrupts were amides advises from Bic Mime Hies disk
aoteants. Hader these cirearastasem the
emoted te se adjoursamst oo the coedities thaellellamiews=
shield he Bled three weeks before the neat sitting.
Kr. prestos, fee the Makrupte, cemented ; and aa
adperanimet till the Bth of April was ordered.
S 11 TIMM lIALLADN'a.
The bestowed had traded is partsership with his bro.
„thew, Edward lifellidow, as a corn merchant, in Mark-lane
and at LiverpooL They were both bankrupt, bat Edward
Nielbaksw ham obtained his order. rheir joint debts, as
shown by the amounts of Mews. Johnstone sad Co.. are
ef 52,0001., for which security is held to the atsut
7;67. 'POOL The order of discharge of Thames lielladim
wig opposed. os the ground tiaM be bad coatmeated debts
without prehable means of pay sent.
His Homer sew pre judgment. He said be had does
his beat to asderstaed One very compliatted esee, bat had
net mine essfkliessa is the decision at which he had ar-
rived, that deeinoa was to follow the 11011111111 adopted by
Yr. Onsuniesioner Hohoyd is the oise of Edward Kelm
dew, asd to grant the order el discharge el Thome Yells.
dew also.

11 as LANDS, ALIAS wain_
The keelimige us a beetuarlier, of High-Musk aseidem
Uwe. The lararuptei essamdia 1866, sad theeertilleate
was wholly refused. He Doer applied far es ceder el dis-
°barge. ander the HOU natio§ et the eat et 111 S, which
giosepewer to mese& in the peados of the beekrapt to
apOy far ea order atter hr tee yews'
Kr. O. K. Low* foe the ereigneserilVathet they had
dissemeed Sat the beakupt bed been meetly poured of
MOL, whisk be had heeded le a friend for invietemet in the
penhess eta hum He pre a very ansereitutory Si.
planalise el hew be came by this mosey.
The leidarept imanikied repesied his statemeet formerly
milk that he 1360 be led aa aceount it the licatthwark
brarnebet the Lead and Westsbaster Beak. The amount
wee either he Ms sem at Leeds or White. Hs was aware
that the alders at the beak timid that there wee any
sub
Bye
there.
Mr. take. acts* la the Irak, stated that ibey bad
es esesuell with either Leeds at White. The leabript bad
istzgeoted the emu of Trapeze, bat they be. so each
He bed se loriewledp of the Malin,"
Mr. Lewis mid the &ripest were determined te get at
the %ea la this setter, and asked far se adjoiensment.
Whsh thi Isseirrapt gam the rooked latermation be
mkt hare kis order of climber's.
Adjourned eine die.