The Express.
London, England, 1855-06-25 00:00:00

THE EXPRESS, MONDAY EVENING, JUNE 25, 1855.

COURT OF QUEEN'S BENCH.—Jura 23.
arrow 111 141.1:1/4.-u7011.11 MUMS MI, 00141113011.
MID ChoIITTOP.

lIINDIVAOS v. THI AViTILALIAN ROYAL MAIL ISTVAN
NAVIGATION CONPATIV —3ODONRSIT.
Is this ease the defendants wares company incorporated
for the purpose of navigating vessels from Great Britain and
Ireland to Australis, and the plaintiff was a ship master.
A vessel belonging to the defendants being in distress in the
Australian seas, they entered into contrast with the plain-
tiff by which they agreed to give him hes expenses and 601.
per month to go out to Australis mid and
brought ssel home.
He fulfilled his part of the contract andthe vessel
home in safety, but the defendants now refused to pry him,
alleging that as the contract bad not received the seal of
the company they were not bound by it.
Kr. Willis, oa the part of the plaintiff, now demurred
to the rejoinder of the defendant., end made two points ;
Grit, that the contract having been fully carried out by the
plaintiff, and as he had done everything which he had un-
dertaken properly and successfully, he was entitle... to the
n mmteration which the defendants had agreed to give him.
The other point was, that the contract related strictly to
the business of the company, and therefore it was not ne-
cessary that the contract should have been under seal. The
learned counsel cited the curs of "Clark v. the Guar-
dians of Cuckfield Union," in 31st Law Journal, p. 849. and
the other was the Copper Mines Company's case, in Hith
Queen's Bench Reports, p. 229, which he contended were
cases in point.
Mr. Lueh, for the defendants, contended that the eases
cited did not apply to this case, sad he then cited a great
number of Camas, which he urged were convincing proofs
thee the plaintiff could not recover under the contract, it
not being under the company's seal, which he submitted the
circumstances of the cue would render necessary.
Their Lrrdships in giving judgment, said they adhered
to the decision given in the ease of the Guardians of Cuck-
field Union. In their opinion the contract which had been
entered into by the company was a contract @trimly re-
lating to their business, and they were bound to arty it out
notwithstanding their seal had not been seized to it. A
great number of cages had been cited for the defendant',
which would appear at lint sight to he contrary to this
opinion ; but it might be observed that all those cues re-
lated to municipal corporations and not to business cost-
psalm, as in the present instance. In their opinion in this
case the contract might be enforced, although not under
seal. The judgment would therefou be for the plaintiff.

INSOLVENT DEBTORS COURT.—Jtrxx 23.
IN Xl CULKLES PILTON XIRXIIAN.—A LLROI asTATI.
This insolvent, who bad been resident =nape of the
Agricultural end General Life Assurance Company in'
bridge-street, Slacktriare, and connected with several
mining ouspentes, applied to be discharged.
Mr. Reid appeared for a gentleman named Heist, and to
claim notice for three persons who had carried on Bacon's
Hotel in Greet Queen-street. Mr. Sargood supported.
In this case the debts and liabilities were 21,1591., and of
that sum 8,0061. were without value. He bed owing to
him 30,5194 He was patentee of an invention for spinning
cotton, and it was estimated at 300,0001. The insolvency
wee attributed to want of capital to tarry out the patent,
and to non.pal aunt (parts the money due to kim. The patent
was divided into 12 ; on about eight he had raised
money, and four were vested in the court for the creditors.
It appeared that the insolvent had incurred a debt by stay-
ing at Baooa'a Hotel of about 401.
After a long investigation the court directed notice to be
given, and the case was adjourned to Thursday to enable
opposition to be made
Adjoumed to Thursday.
IN Xl CIAILL3II 70X.—ALLOWANCII TO IRUSONIXII.
Mr. Sarpoud applied that a sum of 61., ordered out of the
poor fund, might be paid to the attorney, notwithstanding
the insolvent did not appear to be hesrd, having settled and
gone out of prison, leaving his attorney minus hie costs.
Mr. Commissioner Phillips promised to consult the Chief
Gentlielnelesee. There was this novelty in the ease, that the
diseheige was by the attorney, and not by the court.
111 Xl RICHARD NIOUOLLI.—TUI INCOMII TAX.
This was a roll to aside a sum for creditors out of 1251.
a year, as inspector of Devonport Dockyard. Since the
discharge his salary had come under the income tae. He
bad a wife and three children.
Mr. Commissioner Phillips thought the income tax showed
that he could not set uide any sum for the creditors.
Application refused.

COURT OF COMMON PLRAI3.—JuNs 23.
Isis AT XIII TIM IN LOPDOI4.-111012 IIS. MITI= CROWDS.
ISD ♦ COSMOS JUST.

it lb

Sin Lordship this morning commenced the sittings after
term In London; the list contained 83 causes, 12 of which
were remanets, and 28 were marked for trial by special
juries. &viral undefended miss were tried, and seme
others were disposed of in various ways; but the only case
tried out was an action by some millers against a baker for
271. 10s., the price of ten sacks of flour, and the question in
dispute was whether the flour bad been alrtady paid for.
The details of the case were of no interest to the public,
and the result of it was a vs diet for the defendant.

COURT OF EXCHEQUER.—Jums 23.
lIMIP4III 111U100.-IUOILI MIL nalowS ALDENIOX, PLATT,
AND lt•erue.

MILLIS V. PLANT.—ALLSOZD MALICIOUS PROSICVSION.
This was an action to recover damages for &madam's
aromatic's, wherein the plaintiff in conjunction with one
Gibson were charged with conspiring to defraud the de-
fendant of 8004 and for obtaining the same sum by false
pretenses. The indictment Game on for trial before Mr.
Baron Platt ea the Roos Circuit, when it was admitted
that Gibes& bad itegm p ilty of the false pretences by in-
posies ups tieoishoWt tales representations as to the
value et a Woo by which he induced him to purchase the
share. 'llso plaintiff war acquitted, and the question
mid* ono sow war whether the defendant was justified
ral:goollissow of reasonable and probable cause in in-
tbe plaintiff in the indictment. The jury found a
eerrikt for the plaintiff for 1,6001., and a role was subs.-
rad obtained to set that verdict aside upon the ground
uoa—that the damages were excessive, and that
lho %goad was set justified by the evidence.
Mr. Edwin James, Mr. Wordsworth, and Mr. Hawkins
Mewed cause against the rule.
Me. Baleen% She and Mr. Robinson having been bead
Lasees Alderson, with whom Mr. Baron Martin con-
• we of opinion that there ought to be a new trial,
owl way upon the ground of misdirection, but because the
damps were clearly OletelliTO.
Mr. Baron Plat was of the same opinion with regard to
the latter point. He however thought that the view he
had taken at the trial was correct, as it was governed by the
decision of the Court of Error in the use of .4 Heelop v.
Chapman," 23, Law Journal Reports, Queen's Bench,
p. 49.
Mr. Wordsworth then applied, under the new act, for
leave to appeal.
The Court said that, inasmuch as their judgment pro-
eluded not only on the law, bat on the amount of damages,
there could be so appeal on the latter ground. The only
road to a omit of error in this case lay through a new trial,
when the jury would be directed in point of law ia areord-
ant* with the judgment which wee now pronounced. A bill
of exarpdens might thea be tendered to that direction.
The rule for a new trial was then made absolute.
01111.11111 AT PM PAIVI-BSPORI TN! Loan MU AARON AXD

Ii
6 6
Is

SPIOSAL P)111114.

I
It ems sought to 'sake kim bankrupt as • bill broker and of boots and shoes, and for that offence he was sentenced to
amanufaeturer of gas. He disputed the adjudication, con- to years' transportation, but for his good conduct be got •
tending that the trading was not sufficient to bring him ticket of leave.
within the operation of the bankrupt laws. Mr. Tyrwhitt—The ticket-of-leave system has acted most
Ilia Ilenour now gave judgment. After reviewing the injuriously, and lam astonished that it was ever resorted
eases which bad been cited, and quoting from the evidence to ; it has unclad to turn on the public some of the most
giern in proof of the trilling, he came to the conclusi thee daring and expert thieves end burglars, who by assumed
either es • bill broker or as a manufacturer of gas (Moo
ine good behaviour impose on the credulity of the prison autho-
bad carried on the Nos thfleet gas works for his own benefit), rities. it shou.d be stopped at ones.
the trading was sufficient to Wing him within the description Prisoner was committed for trial.
of persons liable to the oneration of bankrupt laws. The ...---
-
adjudication would therefore be confirmed.
Mr. Begley, on behalf of Mr. Lane, stated that it was not
his intention to appeal.
IN RI LOOSMIN.
The bankrupt a baker. at Hatfield, applied for his cer-
tificate. Debts, assets about 4801.
Mr. R. Plews, for the assignees, wished to leave the case
in the hands of the court. The facts were fully detailed in
the report of the official aseignee.
Mr. Lawrence urged that the bankrupt was entitled to a
second•claw certificate, as the failure was mainly attribu-
table to losses in trade.
The bankrupt stated that he h lost Mt by • contract
with the Hatfield Union for bread, ad
for sir months.
His Honour said he would grant a second-class certificate;
but as the bookkeeping bad berm bad there would be a
nominal suspension of four months from the date of the
petition (March 23).
Mr. Lawrence applied to the court for an allowance of
201. to tee bankrupt, in lieu of " excepted articles" given by
the act, the whole of his stock and furniture having been
sold under an assignment, and the proceeds having gone to
the estate.
His Honour did not think that the words of the act 17
and 18 Viet., cap. 119, were sullicientto meet a ease of that
kind. The point was an important one, as the case might
tiso made a precedent for many others. He should prefer es
have the facts before him in the form of an affidavit, sea
be should then consider the matter mare fully. His Hower
afterwards said that he thought the precedent would be a
dangerous one; he would rather increase the bankrupt%
allowance, the wise being otherwise a meritorious one.

MARKETS.

- • -.

COTTON.—Livearnou Jess 13.--Tbe market °load steadily and
tamely, and compared with Friday's, priors dad kinds are mammal.
The sake are eatimated at 4,000 bases, and maid of .00 Egyptian,
6ed. to bid. • 300 Surat, 41d. to 3d.; 300 export and 500 speculaunn.
The total lain mace Thursaay are 0,000 bales.

COTTON GOODS.
MANCIINATII. foes 23.—The market contlases languid, buyers
having little confidence that even the present reduced rates can be
a sintained. Producers who are not compelled to res Ale, on the
ether band, give way reluctantly, is the hope that sane favourable
change may twain give an upward tendency to prices. There is
some
elpectatmo that a good many orders being held beck, as usual at a
Um* Like this, when raped decline his been taking place, some im-
paoe may affect •be holders sad lead to one of those rubes upon the
market which sweep off everything. For any permanent improve-
ment, however, we must wait until there is a general in-
crease of home and foreign demand, caused by the more
healthy action of markets which have been glutted with
our goods, or by a reducuon of supply to a scale more proportioned to
the preterit demand. The improvement of ear foreign markets will
be a work of time. but it la taking place, and already in the chow of
goods suited to America there is a larger demand, and some of the
houses in that trade are busy. The rates ler yarns and for bbirtingt,
and otter fabrics. which advanced in eoesequence of the lat 3 cotton
' speculations, are now reduced to *boat one-half what bad been
gained, which is a coesiderably greater reduction than that which bas
taken place on be raw material, and much Irregularity prevails, with
a tendency toe still lower range of quotations. The aggregate bug-
, nor of the week has been inoussiderable.

WOOLLEN CLOTH.—Limos, J 19.1 23.—We have no change to
report In the etate of the 'molten trade. There has been a good mar-
ket tacitly. We noticed a spirited and animated tope to be prevalent
in both the cli th halls; a toil average business hat been dose. Tht
stock of cloth In the mat ket la considerably on the decree e. There
has been a sesionab e trade done is the warehouses dune' the mu-
tant week—quiet and steady, and as mach as Is mud at this period of
the year--it vprimp-11y fee the home and the Iriah markets. The
shipping house. are comparatively

HARDWARE.
Staxisonex. Ives 2i.—Trade here Is steadily Unmoving; the
orders tram the egrkultural districts are decidedly bcter, and the
Awaiting wade is at last beginning to revive. Ihe steam.ehip
America. which arrived bud Monday, brought a few orders amt con-
eiderebe remittances. with very favourable advises both from the
reales mad Canada. holdiag out expo:latices of a helot' trade for the
fall. Stocks of hardware goods are low, and Staffordshire iron to
very mu* wanted. There are some very lair orders in the town
from the Levant, and the South American markets continue to demand
Woo hatatities of our manufactures. At the commencement of the !,
week anew contract woe entered Into with the Department of Ord-
Renee for the supply of 50,000 Mink riffs muskets; the delivery will
be between two end throe thousand weekly ; there are on this occe.
skin twenty cantreetcrs, end the materials have already been given
out. The demand for ten, espenally fur sheets and plates, is no.
douletedly much better, end prices are firmer; but in coon euesoe of
the numerous allures which have taken piece, and the unpleasant
rumour. with reference to the stability °looser twoother houses, three
is almost • panic per vadiag commercial mamas in the district. Asses
Hickman, who have works In different parts of the distnet. have
called their creditors together; the liabilities of this house are said
to 'need 4 amount one hundred thousand pounds. This failure has
been hastened by other stoppages and by the inability of the Bank to
continue to discount et rtain acceptances which the firm held. Messy`
Whitehouse and Jell ries, of the Phcesiz Ironworks. near Weet
Bromwich. are also in dilksulties, with liabilitirs which are said to
fail mot far short of the sum named above; and there are one or two
other less important failures. The affairs of the Dudley and ik eat
Srunwkiti Banking Company are still in a very unsatisfactory date
by the grossest mismanagement this prosperous concern has been
brought down to a condition which, to ear the least, is one of extreme
peril. A special meeting of the shareholders Is celled for Tuesday
nest for the purpose of considering the state of the bank, and decnhie
upon the future course o action. Toe provietary is • wealthy one,
but it is doubtful whether a heavy call Just now would meet the
ezigeacy.

CORIC—CAMISIDOS, Jona 28.—00 r market was Is. dearer for
wheat, with so alteration in the pries of other eons. Wheat, red, 74e.
to 76n ; white, les. te ges. barley, 31s. to 33e. Beans, tie. to 46:.
Per, 40s. to 445. Oats. 17s. toffee.
Co:neutron, Joss 23.- Our supplies of wheat were rod—the
former armee full maiotaMed, sod a moderate sale. Barley short,
with Little demand. Other 'rein es before.

Crawls.; Just 13.—Our market, this morning, was well sup-
plied with .11 kinds of grain. Foe wheat, lam week's rater were
readily obtained, and io a tem instances esc:eded. Barley in good
demand, and the turn dearer. Oats • dull sale, and lower. Wheat,
white, new and old. 395. to Bs. 6d.; red, new and old, 27a. to
ed. Barley, new and old, lts. to lie. Oats, potato, Ile. dd. to
Its. • common, 12s. to 1'2.. 6d. Flour, per atone, I'm lid. to 3s.
°Salmi. fa. ed. to 2.. 6d. Ityesneal, Is. td. Barleymsal, 1.. bd.—
Carlisle Journal.

an, 23.—Tta attendance of farmers today was
small, though little business transpired, the turn was in favour of
sellers. loieign bald for more money. Barley dull. Beam quite
equal to the deu.and, and no Inquiry for Indian corn. The oat trade
continues healthy, at full prices Imports of the week ending June
23:—Oats, 408.
Herumenn, Jens 23. There was a fair supply of wheat, which
was to n quest; prioes ruling trot, and in some instances a rode
better. Wheat, 70e. to 875. Barley, 32e. to 33r. Oats, Ns. to 83s.
Berms, 425. to tie.
Haarroan Just 21.—The market today thinly attended by
farmers, suit supply of wheat was good; trade very dull at last
week's pekoe. Barley but little offering, prices supportml. Oats a
dud trade. Peas and beans made folly as much money. Wheat, 425.
to als. per load. Barley. 365. to 35e. per qr. Oats, 245. to 325. per qr.
Peas, Ida. to lie, per load. Bans. 275. to its.
Nawcarns•oros.'Trets, Joss 23.—the weather this week has
been main of a chequered character, up to Wednesday a good deal of
rain was experienced; Thursday and yesterday were summer-days,
but to-day the wind has come rottni to the northmat, with a low
temperature. The country ts looking remarkably beldam; dill it
were vain now to look tor an early harvest, be the season ever so
lavourable from henceforth. The trade during the present week has
ruled steady, but as London proved disappointing, our millers have
' ahowr. great neervednese, and en factors would not give way business
has been almost, at a stand-still. The few sales effected were contaid
to the best Myth Country red at 305., and a little choice Wolgsst at
, the awns figura Fluor has sold slowly, but there has seen DO occa- '
aim to accept under s,a tor extra households, nor 07s. to Vs. 6d. for
select whites. Barley held stiffly for enhanced rates, while at the
same time a fair extent sif banner has transpired in other articles at
full prime. At our market this morning we had a much larger supply
ht wheat from the gruyere than last week, but the arrivals ccastwue
, ea well as (tom abroad being moderate, fresh.thruhed samples wire
taken off quickly at about tne rates of this day se'nnight, but owing
to the great firmness displayed by the holders of other reticles,
tranmetiolis were ntaterislly restricted. For choke Woolgast red
nos. per qr. was pneured, 79e. to 7722.6 d. per qr. being bit and re-
/ peatedly refused. In flOUr we had little variat is note, and the
same remarks will apply to other articles.
- • •

NORWICH'
t JimaJimaY3.—There was to-day an abundant supply of
wheat utfend by beta merchenta and farmers, chiefly in prime condi-
tion ; prim ruled Is. per qr. over lest week, and dolt at the advisee
millers bane, too little margin of profit to induce any considerable
oparattosse. Flour wee in good demand at prices fully equal to those
of this day se'snight. In barley the trade was exceedingly small; for
malting none, sod for grinding descriptions very slow sale at late nitre.
beans and pee were too small a trade to be worthy of mention. Oats
were lu good demand at last week's rates.
PLITAII01•01:411, Juts 23.—We had a fair quantity of wheat here
today, and prices must be written Is, per qr. higher, fine 63.b5.
red or yeLow wheat making ; as. per qr. But little spring corn show-
ing, and last wastes prices were fully supported.
ILIADIMG, Jere 2J.—There is a tolerably large supply of wheat and
othe, core, many having kept back supplies until this, the find mart t
in the sew banding. A fair amount of sales effect:l at last week's
currency for wheat. No inquiry toe barley ; prices unaltered. Trade
very quiet in beans, oats, and peas.
WiFYLCH JVNII 2J.—The supply of wheat from the growers today
ie owl) moderate—w.tkly drawing into a narrower compeer,. The
trade is very healthy any the pt ices of this day week rather exceeded
for all sorts. Of spring corn very little appears, and the value of last
week fa ly supported. The weather during the week by been far
trom genW, wii.d north, with a sharp trod on Wednesday and
Thursday night. Prices io the growers:—What, old, ;Us. to Ise.
per qr.; new, 70a. to 82e. Oats, la. Std. to le Sid. per stone. titans,
475. to 20s.
Woseurria, Jena 21.—There was a good supply of wheat at mar.
ket to-day, sad holders were generally firm, hut the sales made were
at a decline of la. per yr. Barley nominally unaltered. Oats held for
ertvicius rates. For beans we had more inquiry.
Tote, Jess 22. -With a fair attendance of farmer., we had but
little wheat offering at tuts Cafe market. Fur the small quantity,
showing .armet a suet extreme rates, which millers were unwilling
to give; co,eequently, the little husinen dose was at at3ut last
week's prices. to otuer articles so change. Wheat, white, Tee. to
625. per qr.; red, 75, to 77e.; tarley, grinding, Its.; beans, 41s. to
to 50e.; rye, 4.5.; malt, 70s. to 725; oats, Is. •ifid. to ls. 30. per
stone of 141b5.; &nu, She. to SM. per sack of 280 lbs.
- - - • • •

-
iaacatar, Joan 23.—The weather during the week has been
favourable for the groveling crops, and they are making rapid progress;
with a continu.nce of so. h weather for three weeks, they offer fair
to be then nearly as tar advanced as they were on the second week of
July last season. `A ith the exception of a few Olin del is of wheat
preerat appearances indiette a bulky crop of all kinds of grain ; and
there never was • better bralrd of potatoes, nor a larger breadth
planted. At our sountry markets, this week, we had no more wheat
offering than barely staled fur the wants of our local consumers.
Prices wore Is. blither than last week. No barley offering. Oats In
better supply, and is. per qr. lower. Here, to-day, we had small
oupplies ol all kin Is of grain. bake quick for wheat at le. per qr.
advance. Barley and mite Maw sale, at last we, k's rates. Wheat, 7us.
to bell. per qr. barley, 3a. to 395. Oat*, 20e. to 34a.
- . - - •

Drawl, tura 12. We had a dull market at our Cam-Exchange
today, without any alteration in the currencies or Tuesday. This
apphes to every description of grain.
-- • • • - - •

W STUPOR D. JUN .3.—Our anivals of foreign grain since Saturday
la,t are smaller than we have known them in any week for many
mullahs past; from farmers the deliveries have all but ceased, and by
boat the suppliee are gradually diminishing. Our market in cense-
quanue strews great Sivan,. and holders generally refuse to sell
incept at very lull pines. O..best : Foreign has been taken to a fair
extent at the catreme rates of this day Wm:light, sod prepared Irish,
ut which the quantliy on band is very trilling, bashes much sought
after. Fur barley we have had a good enquiry from the interior, but
there being se. y sit ie in the market, Sew Mika have bees 'dreamt.
Oats base Pohl freely at full pflOal be him*, and in the value of tawny
we tote an improvement of 2d. per barreL There has been rather aa
increased demand her secondary eons of Indian corn, at the quota.
uuns of last weak, but the host descriptions must be written the turn
cheaper. Flour is huated request, at a reduction of Pd. per sack.
Import. this week: a heat atm qrs.; Indian corn, SO. liaporta
Wheat, IQ barrels; oats, 7,441; Your, 862 sacks.

Lord Chancellor till the lot rd August.

Mr. Commissioner Holroyd, of the London Bank-
ruptcy Court, ha bticcet tied Mr. Commissioner Ayrtnn at
the Bristol Distnct Court, and will discharge the duties of
Mr Commissioner 11 .11, who has leave of ablution from the

ROYAL COLLEGE OP SURGEONS.—The following
rtentlemeo, haviiiir undergone the vecemary easminatioss
for the diploma, wore admitted members of the college at
the meeting of tne Court id Examiners on the 22nd
. Charlos Janus fichiofirld; Leeds; Albert Stanley
Prescott Koiaht, army ; Richard O'Leary, Bradford,
Yorkshire; Charles Frederick Clough, Worksop, Notting-,
hamshire ; Thomas Anthony, Tredegar Iron Works, Mon-
mouthshire • Marshall Weir, Belfast; Thomas Tamils
Gardner, rigniunLWlt ia.st Frederic Croome, Banbury,
aim ; Mat hew Wriliam Stobart, St. Bartholomew's
Hew al; sad David Kay, Bradford, Yorkshire. At the
same toesiing of the nowt Mr. Broomall Richard Murphy
perm, his eissainstioa for soul assiosaaVoarpos.