The Express.
London, England, 1852-12-09 00:00:00

SPORTING.

BETTING AT MANCRESTER.—TUESDAT.
THE GREAT METROPOLITAN HANDICAP.
49 to 1 opt Lucia (taken)
40 to 1 Lord Paueoubort (takes)
40 to 1 Joe Miller (taken)
60 to 1 Ladyß CUP. Anyota (takes)
CHESTE
50 to 1 apt Nancy Oakes fretly)
2,000 to 30 Valour (taken)
1,000 to 16 Lord Fascosborg (taken)
1,000 to 16 Wiaaovito (tokoa)
DERBY.
12 to 1 eared oo the Sold.

WOLVERHAMPTON STEEPLECHASES, &o.
TLISIDA T.
BILLING WMPLICHAIII Sums ofs sots. each, end 20
added. Three miles. (10 thbe.)
Mr. Tilbary's (billow% aged (301 erst (Taker) 1
Butt'. Mr. W. 11Butt'.shrineNApa ),10.t 71b.. 2
Mr. Merry's 'hear., aged (1K). OK a

CHESTER CUP BETTING.
60 to 1 apt Muscovite (taken)
60 to 1 Valour (taken)
1,000 to 16 Scarecrow (taken)
1,000 to 16 Cardinal Wiseman (taken)
1,000 to 16 Nancy (taken)
1,000 to 10 Beverlac (taken)
1,000 to 10 Lady Evelyn (taken)
1,000 to 10 Teddington (taken)
DERBY.
00 to 1 agst Bracket (taken)

RAILWAY COLUSION.—ORRAT DESTRUCTION OF
P .—DURUM., WIDNUIDAT.—There has been a
very earkilll accident oe the York and Berwick Railway
durum the eight. A Jogger tests has ran into a coal train,
near the lasadalk Ilsoest, shout 7 miles from this city,
and as malt boo boos • meplois "smash up" of both
treas. and s YUAN& of Its liss. The destruction of
momellinmibe red mimeo Imy gnat indeed, merehan-
dim sad mom bake estaßawN Moot is all dirostioss.
The toilsome oaf peels ban moped unbar., bat be,
the railway issib do net MM. Duress this formes WM
host ems bop USIA and south of the Isom olds wildcat,
is that pews is. seat m es SIM phr es of assiossiaa
sithaos mei ildisy. TM emu lilies Ms est loss
osplalma.

Üb) inteßtgence.

EQUITY COURTS.—YEBTEIDAY.
_ Bayou ran lona CILUICIILLOt.
....

RN THE Irawlcu CIIAIII7III6.LGOICI or TIMITIZB.
Mr. Melina said this was a petition praying that recut-
cies which bad occurred in the trustees of certain charities
in Ipswich might be filled up. Two parties had each pre-
ferred a list, and as far as regarded the pentora' cheracter
of those on the list on the other aide it was quite ones
ceptionable • bet as the charities in question were church
of Englandchatities, he wished the court to establish the
principle that the trustees should be members of that
church, and in the list proposed were several protestant
dissenters, among them a Quaker.
Mr. Bethell said there was nothing in the petition about
the church of England, the charity was a grammar school
for the poor generally.
The Lord Chancellor—Theo how can you exclude pro.
indent dissenters ?
The choice wss then made equally from the two lid/.
TALBOT F. DORNIZIL—TII. GUARDIANBHIP or THE

Haut. or Sanswanutiv.
Mi. Bethcll said that the neat matter in t'te paper re-
lated to the guardianship of the present Marl of Shrews-
bury. a minor, twenty years of age, aad as several family
and domestic matters were involved he trusted his lordship
would hear the case in private.
The Solicitor-Lienerel, who appeared for one of the par-
ties, said that there was not the slightest reason fur
departing from the usual coarse, and hearing the etc;
I publicly. There was not the least imputation on any one
concerned.
The Lord Chancellor said that the court never willingly
withdrew a case from public investigation ; but here, as at
was about to act on the character of a guardian, it was not
necessary to expose tastily gement', if there was any
desire to hear the CUM in private
Mr. Bothell said that there were many painful let-
ters written by this young nobleman relating to the conduct
of his family, which must be read.
The Lord Chancellor—That is sufficient to induce me to
hear it in private.
The Solicitor-General said that neither he nor the lady
he represented bad any personal feeling in the matter, and
after the intimation of the court.—
The Lord Chancellor—lt is my duty to hear the case in
private if there arc circumstances which make it advisable
that there should not be a public hearing. There arc many
cases which, merely fur prudential reasons, ought to be
heard privately.
The Solicitor-General said his only apprehension was,
lest it should be thought there were circumstances
in the case, which rendered it not tit to meet the public
eye; but it being understood that that was not so, and as
there was no shadow of a reflection on any ono concerned,
be should accede to the hearing being private.
His Lordship then retired, and the case was heard in his
private room.

flmosz TN% MAProt op oos Row.
IN RN Till BMITDIN AND FORNION OAS COMPANY,
NI PARTS lIILLII.-WINDINO UP ACT.-CONTRIBUTONT.

This was a motion that the name of Mr. Hills be removed
from the list of contributories to this company, as settled by
the Muter. Mr. Hills, it appsared, took tea shares iuthe corn-
posy, fur which he received scrip and paid three instaluit rats
upon limn. He executed the deed of the company. His
clerk, nowever, executed it for him ; but, as Mr. Hills
alleged, without his knowledge or consent. He had also
written to the secretary, refusing to pay more instalments,
in consequence of which the dividends accruing to him had
been withheld. Under them circumstances, it was
contended that Mr. Hills was not a shareholder
of the company, and ought not to be in-
cluded in the list of contributories. On the other
hand it was alleged that as Mr. Hills had paid instalments,
after he knew that hie clerk had signed the deed for him,
and, as it appeared that the clerk had a general authority
to sign his name Mr. Hills must be held to have virtually
(mended the deed, and was therefore rightly on the list.
His honour said he considered that the burden of proof
lay on Mr. Hills, to show that he was riot aware that the
deed was signed; and he had not shown that. He did not
look upon the letter refusing to pay more instalments, as a
rescinding of the contract. The motion must be refused
with cede.

Mr. Hannan Palmer appeared for the motion, and Mr.
Daniell for the official assignee.

Bayou VI

WILITI V. C-01-t-;.:1J1.7;;;171-0-M-1:0-11-EST-11A-IN A NOISY

TRADE'.

Mr. Bacon moved for an injunction, on behalf of the
plaintiff, to restrain the defendant, who was a glass manu-
facturer, from carrying on his trade, so that the noise
should not be a nuisance to the plaintiff, who resided in the
neighbourhood.
Mr. Elderton, for the defendant, undertook that there
should be no noise in the manuf ictory of an evening on
week days, and that it should be altogether stopped on Sun-
dap.
This arrangement being satisfactory to the plaintiff, the
order was made accordingly.

COURT OF QUEEN'b BENCIL—YESTERDAT.
ammo Az Nos PAWS IN Lwso■.—Wrou Loup Cuirstu, Aim

•
• COMMON Alia.
BUSINESS OP THE COURT.

This WAS the fieSttisy of the eiltinsaalter term iu the
City. There are 62 causes, 14 of which ars rernanets, and
21 special jury cases. The court rose at two o'clock, u the
Court-house was required for the City banquet.

MORRIS ♦ND OTRZIUS O. VENUS AND OTHERS.—
RUNNING Down CASE.

This action, which was brought to recover damages for
injuries dons to the Star steamer by the Rom Castle collier
brig, in a collision which took place on the Thames in July
last, came on this morning, but so many witnesses were
called for the plaintiff, that the ease was not concluded
when the court rose. We therefore reserve our report.

COURT OF BANKRUPTCY.-YESTERDAL
Damao Ma. Onniumeuusa Mamoru.

IN as FIANIIC4IIITZLLI7-1131V; F. ER1.0010171.
The bankrupt Cutelli, who had traded under the firm of
Cutelli, Chustiniani, and Co., as a merchant, in Bury-court,
St. Mary Axe, applied for his certificate. The case had
been adjoumed from a previous sitting, on the ground that
proceedings were pending in a court of law to test the
validity of the joint fiat against Cutelli, Giustiniani,
and Co,
_

--14;.Cairns now appeared for the bankrupt Frank Ca-
hill', and asked that his application for hie certificate should
be gone into, u the proceedings elsewhere would not vary
the cue against him. It was urged that, so far from these
proceedings being near a settlement, they were further
from it then at the last mating ; and that the court ought,
therefore, to aojndicate on the certificate, regardless of those
proceedings.
Mr. Manisty made the same application on behalf of
Braggiotti.
Mr. Lawrence, on behalf of certain creditors who claimed
spinet the firm, opposed the application. The joint peti-
tion was still in force, though by the appeal the functions
of the court had been suspended. Therefore, Mr. Castel'
was not entitled to his discharge under the separate fiat.
Whatever delay had occurred in the proceedings elsewhere
was owing to the either side. A special cue had been
suggested by the Lords Justices. Four months had been
occupied in preparing it, and when it was submitted to him
(Mr. Lawrence) be fekd it wholly at variance with the
facts as disclosed by 1/..1 evidence. They had not yet
been able to agree on the ease; and he would now suggest
as a test of the sincerity of the other side, that his Honour
should be requested to settle it.
Mr. Cairns and Mr. Maniety said they were not autho-
rised to act for the parties referred to, the former partners
of CasteUi. The bankrupts now before the court had no '
power either to expedite or delay the proceedings elsc•
where. _ _ _

Hia Honour said it appeared to him that the cue re-
mained very much in the same position aa it [did when they
were but before the court; and he saw no reason for de-
viating from the judgment he then pee. It was said that
circumstances had occurred over which the bankrupt had
no control, and that he ought not to suffer for that ; and
it might be that there were circumstances over which the
Court had no control either. Where there was both a joint
and a separate petition pending, the court could not well
come to a decision on Cie question of certificate, the effect
of which was to relieve the parties under both the adjudi-
cations, until it had before it all the matters that might
arise under both petitions, should the both be maintained.
The cue would, therefore, stand adjourned till the last
day of Trinity term, with leave to the bankrupts to bring
it on earlier should the proceeding in the court of law be
' terminated in the mean time.
EMU 11111. CoIINIMOONIR PCOMILASQUL
la tin H
- - - -

The bankrupt wu a grouser, miller, and farmer, at
Hurstpierpoint. This was the oertificate meeting.
Mr. H. Linklater, for the assignees offered no opposition.
His Honour observing that, the books had been badly
kept, suspended the certificate for three months; when
granted to be of the second class.

INSOLVENT DEBTORS' COURT.—YESTEBDAY.
Bums Tin am. 0,1111111M011116
IN 7N■ MATTZU or EDWAILD TMPT.—PITITION DII-

ISSID.
This insolvent, who applied under the Protection Act,
was opposed by Mr. Ernest Reed, for a creditor named
Baker. Oa a former occasion the insolvent proposed to
set aside 204 a year for his creditors, and the opposition
wee not pursued. Ile now wished to withdraw the propo-
sal. S. he could nut pay it, and the creditor wished to
"r•Reed said there was a question es to the jurisdiction
of the court in this case.

The Chief Commissioner thought that such a vicstion
should have been raised in the first instance.

Mr. Reed remarked that it was considered advisable to
take the offer of 201. a year for all the creditor..
It was elicited from the insolvent that a few year. ego
he was discharged under the act, and with his present debts
he owed as a trader considerably above 3001.
Mr. Reed conteniha that, as the debts exceeded 300 L, tLe
court bad no jurisdiction to entertain the petition.
His Honour held the objection to be fold, and ordered
the petition to be dismissed.

TO Till IDITOR Or Till EXPRESS.
Inn,—ln an the reports I ham seen of the proceedings
in the Insolvent Court on naturday morning, when 1111 i.
Comutimionor Phillips 'abed me " whether I believed in
God," I em re:lorted to haw said, " I was not prepared to
answer tho question ;" whereas what I did say was this:
"I am not prepared to answer that question with the
brevity the mart wiii require." Why I declined to enter
upon a question understood in so way different loam was

that I took the Insolvent Court to be a law court, end not
as eoelesiastical court. Besides, Mr. Commissioner Phil-
lips
was not legally lustitied in asking a question which
cvery lawyer will own I was not bound to answer at all.
In the recent case, " Russell •. Jackson," my oath ten-
dered under the conditions of Saturday, in the Chancery
Court, was taken without dispute. The insertion of this
bri. t note will oblige—Yours, &e., U so. Jacon lioLituege,
I, Woburn-buildings. Tatisteakrquars, Dec. 8.