The Express.
London, England, 1855-03-05 00:00:00

g.101:1

EQUITT COURTL—Milett 3.
mom TO LOW CMCICLUM.
IBUZZOWII v. VALLI.
Tide was an appeal from Vios-Chamollor Wood. The
lassaserla IS Me sett arse Wider the will of Thomas Barmy*,
balk by whist' be gave Me residue of his real and
emote to three trustees nained,Welle, Cowell, and
ore., to apply the at teat to the maintenance of hip
widow wad Mildews till the yoegest &twisted the age of 21.
Is
1835, some time altar the death of the testator. Newsham,
the Mate, who to
realised and received the residue
fle the &menacing to 1,360/. ; and an agmemeat wee
entered into between him and the widow to pay her lateral
us
the ma at four per coat., which was dom. Afterwards
soother agreemeat was entered ism. by whisk a sum 01
6001. was paid, under the power of the will, to the widow
and two of the children as they came of age. In 1846, the
omit:est son, Geerge Borrows, come of age ; the fund then
Wag 7001 Ad LS' children received interest from New-
sboy' nu 1618, when another &grimmest was entered into
by all of them, except George, the yousgest, with Mombasa,
taly...t.l.leir shores by instalments of 601. Shortly after
became insolvent, and the question is the snit
irula7;7lTether Walls and Cowell were liable for
She defaloatioa. The lode point was whether the
Mita' quo trusts had acquieeeed in the breach of trust
sonimived by Newebas is retaining the money, instead of
'emetic, it under the directions of the will. The Vice-
Cheat:eller held that all the costal quo trusts bad
acquiesced and absolved the ironies. Hems the present
r. Molt and Mr. W. D. Lewis appeared for the appeal.
MT. W. M. dames sad Kr. Cares supported the decision.
The Lord Chmeellos said that on many points of the caw
be Lad no dosb:, but on several of them he wished to look
late the facts ant youngestalthoh his general impreseion
was that, as fat as the son was conowned, these
vu so ecquicsseaeo.
Doom

911 Irti MU PAM 1190111.
- _
WILLI:4110M V. 111,1•11'.
This was a bill fled by the plaintiff as executor sad de-
visee in treat of the will of Mrs. Saab Wollage Sparrow,
raying that the will might be uftbliabed, end the trusts
unied oat ander the direction of the court ; that accounts
weight be takes of the proceeds of the bereditaments sad
premises directed to be sold by the will. ead which bad hien
received hp the blondest Henry Harvey and his wife
sad that they might be decreed to pay what should be
lowed dee on such account ; that the said hereditsounis
might be sold under the direction of the court, and that
the defendant might be 'mimicked from sollecting any fur-
Sher rests. The testatrix was at the time of her death,
whack teak place ie May, 18,51, possessed of real estate is
the county of Norfolk, as well as perusal estate, and by
bee will, dated in the year 1848, after glides two ems
pieces of property to persons, subject to conditions men-
tioned in the will, she directed all the rest of her property
to be sold, and form part of her personal estate. The ter
Istria then gave a vast number of small legacies todif-
*teat members of her family, fifty under 29f.
each, sad made tbo defendant, and theme Orford and
liourt Orford (who was since dead), her milldam legatees
The will was disputed by the defendant James Harvey, the
husband of the beireararlaw, en the ground that the ter
lathe was at the date of the will of nneound miad
shortly after thu death of the testatris, had brought an
ejectment, and recovered possession of that put of the real
estate in 'blob the plaintiffs took no legal estate.
Mr. James sad Mr. fitlwya appeared for the plaintiff,
sad read the evidence of a great number of witnesses whe
lad been ezainincd and cross esamined, and contended that
the snit wu most vexations by defendant, and that there
vas so evidence whatever of insanity, noire it was that s •
was very fond of eats, and was of a violent temper.
Mr. Holt and Mr. °recite, on behalf of the defendant,
contended that so far from the case being clear in f
the will, it was certain, if the witnesses were to be believed,
that the testatrix was subject :o delusions before the date
piths will, analog from the decay of her faculties from
old age; and, shortly after the date of the will, it was
admitted that she wee clearly not in a state to
sake a will. They contended that the will was
entirely concocted by Mr. Wilkinson, the clergyman of the
the parish, who might, perleepe, think he was making such
a will for her as she would have made if she had had her
fug eavriiv. Tae witcepseg tor the defendant consisted
priaelpally of sensate who had been in the testatrix's set •
vice, who spoke to leer fancying she saw persons M the
room, and of her extreme violence, and of her being " a
vendetta' eeold," and threatening to drown herself.
The Via-Chancellor was of opinion that no case bad been
IN AS against the validity of the will.
00UBT OF BANKRUPTCY.—awes 3.

IMPOSE CIL
mu -
Ix el TIVILIT.—JUDONO4...
The hankeupt was a draper at Canterbury.
His H gave judgment in this case on the question of
tntifi. ate. lie said he had been requested altogether to
refuse the certificate, on the ground that the bankrupt's eon.
duet came under the 201 see. of the Bankrupt Law Con-
enlidation Act, namely, that the bankrupt had been guilty
of frauduleatly removing his property and of falsifying his
books. It appeared that the bankrupt was respectably con-
nected, and the court would be sorry tattoos to a conclusion
ed to him except anon the rrongest grounds; and the
words of the ratute being highly penal, the court was
bound to see that an allrgad off see wider it was proved
beyond all doubt. He owed 1,7221., sad had assets 8004.1
The bankrupt made an assignment for the benefit of
his creditors, which, se usual, turned out unsatisfactory to all
parties. Baylis y paid be commenced business in October.
1850, and that be had a capital of 2001; that wag with Cols
in partsenhip, which was dissolved is 18.53. There 11111110
trace of the capital in the books. He presented a detailed
stock account which was defective, for be wanted as mists
debts which were rkalised, and omitted cash creditors
to the amount of 6001. In fact the bankrupt was then tool-
Teat to the ezteat of 901., instead of having a capital. He
started with an untruth, and upon a statement calculated to
mislead these wbo investigated his affairs. The bankrupt went
oa greatly increasing this deficiency. It was alleged that
be had attempted to give an improper preference to his
smother in-law, sad he (the Commissioaer) came to
the conclusion that such was the case, ani if that
freametton less not fall? carried out it was no
halt of the bankrupt. His m ither-in-law had no
doubt waisted bin with an advance, sad perhaps it ,
was &stand that the bankrupt should endeavour to secure
Ur, but the m in which he treated the transaction in
his books was deceptive, and ensures were made to give it
efirtain complexion. The figures in the books had been
tampered with, which was a very grave offence. He did
mot say the offence was soffidently proved to bring him
within the 201 en. of the set, bat all tampering with
books was to be re pudi ated,and was an offence which the court
weald never consent to pass over. The bankrupt had re-1
owed geode to his znother•inlaw'a, bokit answered lar
, for the goods were seat back to the assignees, and
ielliri:statis last nothing The bankrupt's intention war
se doubt to deceive his credkore. ifs also went on very
✓eelamely ; his expenses exceeded his prod's, sad in eight
swaths his deficiency was largely increased, and his creditors
hot fair reason to complain of his conduct. The certificate
(led class) mast be suspended three months. Protection
reseed.
Mr. Heather appeared for the assignees, Mr. Lawrence
hr the bankrupt. Application was made for protection,
which the Commissioner said he would not entertain unless
the assignees consented.
Ix RI PI/11BL

Tha bankrupt was an auctioneer at Plaistow. Ms &e-
-lements begin with m deficiency, mid close with debts 6601. ;
ruts antler 3801., and of doubtful value. This was an
examination nesting.
Hie Rotuma paged the bankrupt's examination; all
Questions as to conduct to be retorted for the certifies's

INSOLVENT DEBTORS (*Jai,—
DI id 010a0I W. PIPI.—PNTITION DISMIllas.....
This baleen , a job master at Tootles, We oppried by
Ilie. Mimed no the part of Mr. Readies, seal builder, of
Illortimeommet. Caveadish.squan. Ti.. ON &forded a
gemitholge instance of hard swearing. The Mistiest we
Wes at the suit of the opposing areditem The 4111.01411 M
was whether the iascavrat had wino& es Mese a
Iseailmia of Mr. Boodles. Bab the orefiter es/ his iss
/need that it was a hiring, similar to as &grimmest will s
genes lammed Smith, hat the iewilyeat insisted that he hid
yesibeced themeless for 1201, sad had paid a part of thee
Mens 7. Oa the othee hand, it was maintained that ke was
labialise the purchaser if he paid the money, hat, in fait,
is. bad esly paid is para fir the hire. 0a the am of Mr.
Reediae &ATMs his 'Hems, the insolvent ezeleimed, " IS
is fetes !" on which the learned Commissioner advimd him
Is bo cautions, as than ware two Wi'llte.69, and he alibi
ite Maimed for perjury. It was pried that as the very
rues Roadie, west to fink& home the carriages the t
vent obtained 101. as it from a stable-keeper et lbselmtell.
That Seta had beim paid, and the cattily Man Me the
creditors, sad WOrlb •verards of 801.
Mr CommicaMeer Phillip in, *Misted the mill, Egli
pmemacid ao opinion M Minor of bar. ftembeg. He MP
Mead that It was merely a hiring, and nut a tale, sad that
the laielmat's nutmeat was .. wilfmly false."
Mr. &mood asked the court to dismiss the pettifog be
Ithebesti, sad to artier the tenter of the nett to ofm the
earvileg• is Mr. iteedieg.
Mr. Ocomiticarr Phillips thought he had aa power la
amitte the goteries of propetty. He bed no flesh of the
/medalist eroded of the Malvern to the affair, and should
&ism both the voltam and the schedule.
Mr. Served oohed the mart to dismiss the petition.
11r. Canntimioser Phillips_ at once emeetid, and adde,.
"let the it se petitios sad sehedul de,
end then ' This - -
showed to t..
The petitioe
direilliter was -
M his own'

Priors lemaiii steed,; good new 63 lb,. wheat w.es quoted
at 655. per quarter, free on board, for spriig shipment ;
Inferior qualities were peoportionstely cheaper, say GI lee. at
616.6 d., CO Mu Us. par quarter L.. b. AU other aorta of grain
were in eager request for the late for, at peers much above their va-
lue In the English marimba. Yu* let Iferch.—The market conti-
aged withcp4 thanes ; there Ins • grad demand for the doer dssrip-
dens a wheat. which wore mares ; the parcels arriving In good con-
dition melatalind their value, but the greater portion of the irritate,
easidag al Inferior dretriptiuse, bad given way in prim. New York,
Ilith Feb.—Although the market for wheat wm very Instants's, no
decline in value couid as yet be quoted ; there was a fide demand for
flour at former price*. Indbm corn had advanced 2to 3 cents per
bushel dueler the week.—Barley, of which a large Imp was grown
loot year, has been ibraebed out with even gm uurr tree em than
wheat. and prices of thu grain bare see lned 2s. to M. per quAriee.
eveti the best qualities being quite a drug at the decline, from the in-
activity of the melt trade, which puffers from a sett high duty, ant a
g• eatly diminb bed coneuniption. Means ba•e abr. been brought for-
ward plentifully ; • demand for seed bee, however, kept up the
value of finer diseriptioets, but there bas been route d. prees,on on
Inferior qualities. Lets have ur expected I. Omitted in value about Is.
per quarter. Our o• n farmers baying bad an excellent crop last yet.r,
and the straw being In reqaest at 'but season, the supply k s been be-
yond We demand. The stock on band here Is now rattier larger than
usual.— (From Mffera. W. C. I. tiny end Co.'s Monthly Circular.)

CORN.—CANIIIIDOL NAkCH 3.—Although there was more life in
the corn trade today, no ulteratinz in prize can be quoted from last
spelt, Whe 365. to 61P. Barley. 26s to 334 Ib sna, 395, to 425.
Peaa, Vs to 40e. Oats, 234. to 30s. Cloverseud, Ste. to 60$.
11Aacu 3. N e bad a brae supply but a very heavy
sale, and pikes front .8. to 3a. lower. Wt.eAt brown. 6.18. to 633. ;
white, 6S, to 7 ht. Barley, S7s. to 325. (Ws; 3.1. to 26e. Beans,
old, 114 a.; new, 3611. re" Ste.
- - • - -

CARLIPLC, Maven 1.-We had • fair supply of all kiwis of grain at
our market this morning, wheat sold readily at last week's rates.
Barley and oats in good demand, seed samples or the latter in some
in-faces seldeg an high as 12e. to lye. brat, white, nes, 275. to
s9s.; red, now, 255. to 265. 6d. Barley, old, 17a. 6d. tot is. ed. Oats,
potato, 10e. tolls. 6d. • COlllll3Oll 9e. to 10e. 6d. Itte, 17a. to les.
Beane. 19e. wale. Pars, des. Flour. per stare m. 6d. to fla d.
Oatmeal, ato M. 2d. Ryemeal, 11.6 d. Barim tries!, Is. 4d.
Coacearraa, Masts 1.-The wheat trade here today was ex-
tremely languid, the report or the d atk of the Emperor of aurae
eaused, to certain extent, reluctance en the port of bar) an to pur-
chase, ai d the tales effected in wrest were le. per qr. lower from this
slay pen's* ht, whin moderate supply. Barley a moderate 'apply,
which was anal about Is. per qr. abatement from this day week. Beans
and peas • Rhone alteration.
Gtoretersa, MALCII 3.-The death of the Emperor of Ras is pro-
duced a panto on the pert of buyers, who offered general std is.
less money for Engd 0 wheat, and quite neglected (amigo. Barley
and bear would al, sell Nothing wa. dente in oat. at a slight re.
domain. Imparts of the wee. ending March I: Wheat, SAO qrs.
Barley, 806. Oats, 7e 111. Beans, 310.
Geminates. Maims 1. The supply of wheat was large. The news
at the Ent error's drab unmet-led the trade, but a lair clearance was
ultimately made at a reduction in price of is. per qr. Wheat, 640. to
els. Barley, As. to 3 la. Oats, 275. to Sts. Bent, 41s. to 4-a.
Per, 40a. to 16e.
HLITFOILD, Mama 3. -The supply of wheat at our merest to-day
was gaol; trade was extremely dud, at Is. per load leas money. Bar-
ley met a dull trade, and, except tor the best suave., lower rates
ewe submitted to. Oats eel I at last week's price.. Peal and beans
were la. per load cheaper than lost week. Wheat, 3ite. to 47e. per
load. Barley, 2 s. to 365. per qr. Oars, 21a. to 325. Peas, 225. to
Ila per load. Beane, 24e. to gas. Tares, 350. to 45e. Bye, 24. a. to
Ma. per load.
Noswicir, Maltese 3. - At our market there was a large offer of
wheat today by both tarsiers and merchaws. The river. b. in again
navigable a gond deal of corn is now being dcliv. red. The trade to-
day was completely psralyeed by the unexpected news of the death of
the Emperor of Kuria, which coming directly trout government
°ado not but be credited, farmers were wiling to give way sa. to Gr.
per qr. in the price of wheat, but even at this ream:rims balers wee
eli.thedued to uperam, and, save a few of the most necessitous, the
transactions were extra mcty limited. Flour woo uneadeable, and
mice* only nominal. Barlm trade was nt so much lower in prepor-
non, but the business done was very small. Beans ant pear, ...mall
offer, uo tr.de done. Oats w. re In good supply, hut transactions
were few at prices :a per qr. below last week. Prices ofmll articles
were so various that we retrain from giving quotations.
Newcerrerveow-Tree. Mama 3.-The weather this weekhaa been
for the most past °ets , the snow has completely di...appeared, and
with a my temperature farmers will be ens led to pet gems with seed-
lag and other geld-work, which is putted to be much in arrear. 'f
he
trade during the present weet has been characterised by MCC, f
aces,, and and a lair Dustiness has been done In weird. the best New Nor-
folk red tinkle, 775., and good rust of Scotch white, 7.1.. 6d- per qr..
but tertian being held much beyond the general views of buyers, only
retail times are practicable. Flour ha* sold elowly, sad dealers have
again had the turn lath& favour. Rye unaltered. Barley depresee land
rather cheaper. Malt almost unsaleable In other articles Um lechange
At our market this morning we had a large show of wheat from tte,
glowers, and the arrivals coastwise being upon a fair scale, fresh
threhied samples Gould only be cold at a reduction of 2a. per qr., but
our large dealers, who of late have b. en bringine large quantities
from dm north, refused so make so large a concession, art preferred
patting up their samples to await • =me favourable opoortarity for
realiaation. In month country qualities lade was done, bet in the few
sales that occurred a decline of is. to 24. per qr. bail to be submitted
to. Flour most difficult to quit, and our extreme quotations can only
be made foe small quantities. Rye luokaz 1 seer. Meting barley
being in excess of present requirements, acme portion of the supply
will have to be landed; in the comparative abeam of demand, we
dote this article Is., and malt 2s. per qr. cheaper. In beans sod peas
little change. Wilt oats we were fairly supplied by oar farmers, and
the arrivals from Scotland beanie Ithaal, prices moot be quoted Is.
lower, with a slow inquiry. The arrleals this week are : -Wheat,
comtwiaa 2,607 qrs.; rye,lcoastwite,•s; barley, 1.;90; ma1t,1435;
cote, 2,5K1 ; peak la .; beans, 50; flour, 2,499 sacks.
Erreasonuvon, Italica 3.-We had a large attendance of farmers
bete io-day, and there sou a good supply of all grata offering.
brat nu folly 21 per qr. lower, Is 3 Res. yellow making 655. to 66e,
per qr. Ba-ley and oats could e-ch be bought at be. par qr. lees
money. Beans made last week's prices.
RIADING, Mamma 3.-We had a fair supply of wheat, the trade for
which ruled eatreniely dull, fleet rate samples, however_ commauded
attention, aid obtained prices equal to the extreme en mat weck.
Barley was ,taro ly so gaud or last week, but no, sufficient to alter
quotations. Oats were more plenthul, and bought on rather meter
terms, BA were also brunt end p
Wientem, Matra 3.-The death of the Emperor of Ronda caused
oar buyers to pause to day, and they would purchare only at a reduc-
tion. to which the growers would not generally ouneent, and come-
quently little or nu bardnees took place. Frites to the growere: -
W beat. old, 64a. to 740. per qr.; sew, 63e. to 76a. beano, 44a. to
Ma. Oats, Is. Id. to la at. per OOS.
Woacearta, Mazer 3.-There was a very large attendance at our
market t cedes,, end wheat sold slowly at a decline of Is to ma per qr.
Bat ley more saleable and no lower. Oats in improved demand at a
decline of la. per qr. Beans again Is. to 2s. per yr. cheaper.
KiIuCCALIDT, Manes 3.-We bed snow for some boors on Wednes-
day morning, Move which we have had a moderate thaw ; the snow
haa disappeared, and prob.bly to • few days our farmers may be
enabled to commence ploughing At our comm..) market Wm week
we had only modem e quantities of grain off, ring; in the early part
of the week prices were utieltatiged ; latterly wheat and barley were
more isquir, d tor, at a full ehilliug per qr. advance. Ilere to-day we
had lair supplies of wheat and barley, and large of oats. Bales slow.
Barley brought last week's rates. Oats is assay In traces were 6d.
per qr. lower, mid wheat le. per qr. Wheat,liee. to 72a per qr.; bar.
ley, a 9.. to 34.; oats, Ma. ed .t029e.6d,
Inmate, Mean 2.- There was rather more dipeeition for bigness
at our Corn Foxcharige to-day than for mine weeks past, and the car-
een les of Tuesday wire fully supported for everything except
recondary and lower qualities, or Mule), which were a shade cheaper.
No alteration in the value of loreign wheats or Indian corn, but the
transactions were few and trifling. •
WATIIIIOIII3, MA. cos 3.-With a continuance of mild weather, wo
have bad tam eupplies of farmers' grain all through the week, while
our imports of whi at and Indian Corti Irom abroad as well as coast-
wise show a considerable increase. The dull aeaouats from the
leading English markets have had a depumung effect on trade here,
end except fur teethe corn and barley, which luly maintain
their value, rather lower priers have been submitted to by holders.
Wheat-Irish, both milling sod shipping, has roid slowly at a ea-
cline of &L per barrel, end foreign, tor wattle the inquiry has been
Umited, we mote the to cheaper. bas not as
say

inky b.—
__
change, bat ua have given way id. per barrel, at which decline a
oorwilerable quantily lam 'based hands. For Indian corn we have
esperiencel a better damned, and the priors of this day ee'anight
have leen renr.ily °laniard. &me holders are tc.day looking for
more money. Flour continues neglected, at a decline of ed. per
seek. Imports :—.Nt but 2,3•42 qrs.; Indian corn, 4,4d0. Esparta
Bexley. 700 MIL; oats. n,341 ; Cur, 1,134 mole; Indian own, 730
tal..; oatmeal, 70 owns.

THE LORD CHANCELLOR'S AMENDED CRIMINAL
JUSTICE BILL.—The bill of the Lord Chancellor on Crimi-
nal Justice, u amended in committee, has just been printed.
It now cohtains thirteen clause., and is waiting din:stain:in
the House of Liddy. Cases of larceny, if not above 20s. in
value, may be punished on summary conviction, with the
*Meat of the accused. Persons charged with larceny, em-
bezzlement, or obtaining property by false pretences,
may plead guilty before the examining justices, and ba sen-
tenced forthwith to imprisonment, with or without bard
labour, for a term not exceeding one year. Justices may
order the restitution of sti len property, and also pm meet of
the expenses of complainant and witnesses. Any metropo-
litan magistrate or stipendiary magistrate may act alone.
The act is not to extend to Scotland.
UNITED SERVICE INSTITUTION.—On Saturday last
the annual general meetiag of the members of this institu-
tion was held at the lecture theatre, Whitehall-gardens;
Admiral Sir George Seymour in the chair. It appeared
from the report that there had been 183 new members ad-
glinted during the year, but that, notwithstanding that ac-
cession, there had been an actual decrease of 87 in the total
number, owing to the unusually large number of deaths at'
Varna and the Crimea For.y-sevec members, whose sub-
scriptions were more than two yean in a , had also
been removed from the list. With refer, nee to the accounts,
the receipts had not equalled the estimated income, fewer
members having jollied than had been expected. The sum
of 951. had been expended in the purchase of standard
works, and in the binding of periodical., so that the balance
in hand had been reduced from 213/. to 231. The life sub
wriptions received during the year had not been encroached
upon, 871. having been insured in the purchase of stock,
and 641. remanining at the banker's to be invested
at an early opportunity. Among the presentations to
the institution was the great work undertaken
by the French government during Napoleon I.'s
Egyptian campaign, viz., " La Description de l'Egyote," in
20 vols., presented by Walter Hawkins, Esq., F.B A. Thel
18th Royal Irish presented a large bell of fine metal, taken1
at the Shoe Dagoa Pagoda, at Rangoon. Sir Thomas Her•
bort presented a time-keeper, which had been twice carried
out to the Pacific by Captain Cook, end was taken out again
by Captain &let in 1787. After the mutiny it was carried
by the mutineers to Pitcairn Island, and afterwards sold
and taken to Chili, when Sir Thomas purchased it. The
I report concluded by a detail of the lectures upon military
winces and science in general delivered during the year.
General Stunt moved, and Colonel Sykes seconded, the
adoption of the report. Lieutenant Gardner, RN , called
the attention of the meeting to the gradual falling off in
the income of the institution, which, he stated, was nearly
in a state of insolvency—a fact which Captain Pack denied,
stating that it did not owe a penny, had a balance in hand,
•
••••• the of 8121. in