The Express.
London, England, 1863-05-23 00:00:00

LAM INTELLIGENCE.
(THIS DAY.)

EQUITY COURTS.
(Before the Master of the Rolls.)
After giving • judgment this morning, his Honour ob-
served that there was • subject which had given him consi-
derable pain, but which lie believed would not lead to serious
consequences. About a month ago au order was brought to
him purporting to be an order of the court, but which
was • forged order, thereupon his Honour desired the soli.
ester to the Suitor's' Fund to apply to the attorney who
produced the order, to show cause why he should not he
committed to Whiteerces-street Prison for conternptof court.
His Honour said be abstained from mentioning names,
but he now had the affidavits of the solisitor and his clerk,
and he was satisfied that the set was not done with • view
to defraud. It was not an order by which money could be
obtained. His Honour then read the clerk's affidavit,
which was to the effect that he had had the sole manage-
meat of the cause for the plrint.H, and that he ought to
have taken out a summons to proceed is chambers, and his
employer had often inquired why the defendant had not
filed • certain account. Having stated to his employer that
he had taken out such summons, which he had neglected to
do, the clerk said he in an unguarded moment had himself
drawn; up an order and represented it to be an order of the
court. His doing so was solely to account for his negl4ence
sod not from any fraudulent motive. The clerk added that
be was 24 years of age. had • wife sod three children, and
that he had suffered both mentally and bodily from what he
bad does. He had alio begin suspended from his situation, and
now humbly setreated his Hocour's merciful consideration.
Under them drcuraitanoce his Honour added be thouthetn2
not Dem to mer, visit this offence with • greater
of severity than that of mentioning it in public. It was
unnecessary, of comae, to warn everybody of the extreme
impropriety of attempting to obtain an coder sot granted
by the court, though it might not work injury,
and so be thought it necessary to state that if
the like thing occurred it would be treated with merited
severity. It r however unlikely to occur again, said his
Honour, for mete he had had the honour of presiding in
that court nothing like it had till now taw place.

(Before Vico-Chlooollor Sir W.P. Wood.)

• —•
00PASTAZZ V. WIESTON.—WISTOIeiI RITILIAT.

Mr. Holt (Sir H. Cairns, Mr. Boyle, and Mr. Salter were
with him) moved to restrain the defendant, Mr. Weston,
the proprietor of the Holborn Music Hall, from using •
piece of ground, home, and premises, belouting to him in
the Highgate-road, known as ' The Retreat," as • place of
public entertainment. The plaintiff, Mr. Copestake, is the
well•knowo Manchester warehouseman of Cheapside, and
he is the owner of • house (at which he resides) in the imme-
diate neighbourhood of " The Retreat." This latter place, it
appeared, has lately been fitted up as an open-air place of
amusement for the million, and has been advertised as to
open on Whit• Monday with fireworks, dancing, • balloon
ascent, acrobats, billiard saloons, &c." Thus supplied
with all the materials for semation, large crowds of
permits were expected to be drawn together, and these,
together with the entertainments, we complained of as •
numanos which this court ought to interpme to stay. Many
aMdernita were mad, showing the disturbance which snob
places of estsnaiament cated, and deposing amoopt other
matters to the faet that "two military bands made a great
noise and often kept persons awake who had retired to
bd/

In the coarse of the cue, Mr. Serjeant BaMeting (with
whom was Mr. Swenston) interposed and stated that though
he supposed the court did not know moth about this sort of
thing, he could state that fireworks were never a paying
affair, sad that Mr. Weston, taking into conside-
ration some points of law which the learned
serjoant had imparted to him ou Use subject of acrobats,
did not feel disposed to have any at his Retreat Under
these circumstances he offered to give an undertaking with
reference to his we of the gardens, if it was clearly
understood that it was not to prejudice any application lir.
Weston might maks for a license in October.
Under these circumstances the motion stood over on the

foUowieg undertaking, dictated by the Vite-Chanoellor,"de-
feodent undertaking until the hearing • further order not
to permit aay Entertainment, sod cot to conduct any busi-
ness on the premises requiring • lionise ; a•d further under-
taking not to perform music, fireworks, balloon ascents, or
acrobats ; the motion to stand over, with liberty to all per-
sons to apply to the wart."

COURT OF EXCHEQUER.
&Wisp in Banco.—(Bekro Lord Chid Barre Polka and
8.0 Bramwell stud Ohm:well.)

This action was brought by Mr. Poole, the tailor in BevMa-
me, against Mr. C. Wray Lewis, • barrister, to reeover
30/.91. 6d. for clothes supplied, and at the trial, which took
place at Westminster Wore Mr. Baron Martin on the
tact., the ja,y found a verdict for the defendant
Mr. Hawms, Q.O , on the part of the plaintiff, sow
moved to set aside the verdict and fora new trial, on the
evi-
ground
:Ida's:18;os the. and
gro thel that the reception
erdict ne
spinet
the evidesoe. He observed that the verdict was ahead an
idiotic one, as there was no (widen°, whatever to support it.
Mr. Baron Bramwell said Mr. Baron Martin, who had
spokes to him is reforms* to the ease, doubtcd whether
there was any evidence to go to the key in support of the
verdict
Mr. Hawkins said that Mr. Lewis took the benefit of the
Gentleman's Act in 1661, sad having nothing to pay his
creditors, he agreed to set aside 4W. • year out of his future
undress for his creditors. He contracted the debt with
Mr. Poole while he was residing with his mother, a lady of
fortune in Wastbottrue-terrace, the goods being supplied al
in the month of March last, but Mr. Poole having 1001 e
doubts as to the respectability of his customer, instructed
his solicitor to Lane ewrit.

Mr. Baron Ohanmall—We have brother Martin's sanction
1 to our granting a rule on all the points.
I Mr. Hawkins said the defence was that the plaintiff gave
the detail:dant six 11100Uld credit, bat there was no evi-
dence of such a contract It appeared that Mr. Lewis
was arrested on a capes, on the ground t►at be was going
to leave the country to avoid payment of the debt, bat his
was afterwards liberated, and the learned mongol now said
that Mr. Lewis had bad the audacity to bring an action for
malicious arrest against Mr. Poole on the ground of the six
months' credit Mader t►ese circumstances he applied to
bare the ruin brought on as an ordinary motion, became if
it were put in the mew trial paper and the action for mali-
Mous pragmatics were tried in the meantime, and Mr.
Lewis obtained • verdict, he would get his six months'
credit

The court pastas rale, and directed tint it should nom
cue ulna ordinary unction.
Bala panted.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinsa7.)
!IMAMS P. MULCT AND masa&
Dr. Wembey wee for the plaintiff ; Mr. Semis for the
defendants.
This wen snit relating to the will of Jobannsh
late of Hackney, made under & power during bee °overture.
She died last year, at the age of 66, sod the instrument in
question, whisk was mode in 1857011sposed of about 1,5001.
or 2,00131. It bequeathed the whole of the property, first,
to her husband (who predeceased her), and thee to the
plaintiff, bee sole surviving sinter. The only question we
whether it had been executed is conformity with the With
Act.
The Court pronounced for the will.

COURT OF BANKRUPTCY.
(Before Mr. Comemaioser Faso.)

The bankrupt was a solicitor, of Jeenostreet, late of
Poole, in Doresiabire. This was the satin for examins•
Wm sad discharge, bat so socounte have been tiled. The
smoluat of the bankrupt's liabilities did not tnospin ; but,
at the tint sittiog, debts of opus,* of 12.0001. were proved.
The largest debt, are due to members of the bankrupt's fa•
milt' neglect at Windsor. Au adjournment was ordered
till the 23th of June.