The Express.
London, England, 1863-02-20 00:00:00

.0138 of APPETITE, WEAKNESS, &e.
Jul ATosio—Dr. Hassell sad the Wedical Profession raven.
aad4Ms es/liable WnaLLot, W ATMs' quet INS WINN.'
mairamesspoi only by 11.0Wr WATZBA, artln'elsee.
Csaagreireet, London. C. Said by Grocers, Italian Ware-
benstrpsowtrtiosettera, at SOL a dozen.
Agent, R. Law and Co., Worcester.

AA EFFECTUAL REMEDY.—LAMBERTEI
ASTHMATIC BALSAM, without amilatag She Mem& ar
the head, truly Marlow and pleemmt, is admitted to
ke Ws medicine for immediately relieving seeps, &Au,
eadmaed came of asthma, sad incipamt eeememptien. IS tre-
gamey mires persons whom the faculty premmlase tamable,
adadgably allays the tickling which provokes fregamd
aggroacbing consumption Its effects am truly Deetlelal
Pemba dived of sleep. or even lylog down for tear oe raireee-
Sket, lee depend oo relief to a few minutes, after %Mai It—
rtep~ea eery
sad sold by W. LA re BERT. chemist, g,Mina mg.
liaaidlreet, -cross, sad by all druggists, ie hassys.lgia..
and One quantities In one, Ss. ad. Be particular and not far
Isizahat's Asthmatic Balsam The name and address Is seemed
en the stamp.

HEUMATISM, CHILBLAINS,
.11-11 r COLES'S ALGA MAMA, or Concentrated Uwe°. of
to daily l creasy I ealebrity as • remedy tee rhea
metal& ',twilit,. acute or cheek, as wall as foe spinal aftec-
tloas, contractions. weakoses of the limbs, scrofulous swellinga
de. It to alao an admirable application for chilblain& All la
valids should send for the pamphlet.—Sold by T. Keating. TA
ea. !Ws
allaniata.
and Clearebyard, In bottles, b. N. 6d, and lb. lath;
by all

JOZILIAPS 00PALUNE MIMS, iseesedolly
Mud la dr Parsed loado• Itaapilalk waist the care at
Oaßialar, Lark Ptilmul• "V" sji
wawa. attottm. law, a eon aa STOW ••
allhor la 1101114 or chronic dloosooa-42. Id. per b0tt10v14..7 peel
ea C. Ammo's. Fres& 40. klaysaarkat.

DCIILVIIRWILL. MIL 0.8., L.M.,
a-ir • limen, firipolilsbed foliwaing New amd 000-
ami Weeks
No. HA
0171111ELVEL
No. 2. ELPPINISB. sad LONGEVITY.
No. S. LOPE Gad NM/WAGE
No. 4. TEN CASLIIOOI.
Moo to, 000lk :by pool IS °pm role orb&
be Sol al Nom% SS, :or trona Aolbee,
No. Grum Nriberegodwast, W.

gab) *nitiltfonce.
EQUITY COURTS.—Fea. 19.
(Before Vios-asencellor Sir J. Stuart.)
HARDING V. MANYTN.
This case came on for bearing yesterday morning, and
having occupied the court the whole of that, and the greatest
part of this day, is still far from befog at an end. The
snit was instituted by a Mr. Egerton Harding, as the com-
mittee of his co-plaintiff, Mr. Henry Jones, who was found
lunatic by an inquisitioe held in July, 1860. In the month
of May, 1861, the Lords Justices ordered the committee to
take proceedings against the defendant, and set aside a cer-
tain assignment or gift of furniture and other effects made
by Henry Jones to him • the restoration of certain articles
of piste, jewellery, and other things, belonging to Hairy
Jones, and appropriated by the defendent and his wife ;
the refunding of money received by them from Henry
Jones ; and the restraining of an action at law, commenced
by the defendant against Mr. Jones. The defendant was a
medical man practising at Howarth, and Mr. Jones was also
• medical man, living at Welslipaol, and upwards of eighty
years of age. The assignment, by which it was contended
that he had parted with all his furniture and effects at
his house in Welshpool, was executed or signed
by him on the 24th of March, 1860 ; and the question with
regard to it was whether he was then of sound mind end
cap•ble of transacting his own attain. For the defendant
it was insisted that however eccentric Mr. Jones might
then have been, be was fully capable of managing his own
business ; that so far as consideration was wanted to sup-
port the assignment, the defendant had given up a lucrative
practise at Howarth to go and reside with Mr. Jones, and
mist him in the performance of his pretender:al &dam—
es& being, to hot, the purport Co
ntij cl the assignment..
riawitnesses of the r a were called li
thiSso ci yesterday and today, and were
'4lrolliiiialited on affidavits made by them by
the deteuderit's counsel, with the view of proving that at
belated the assignment Mr. Jones was fully competent
I, understand the nature of his ode. One of the defend-
anth witnesses had been called. in the cause of whose ex-
tethiustion it was stated that the real question in the case
would appear to be, whether a bill made Mr. Henry Jones,
in 1857, in favour at Mr. Harding, was or one made by
him in April, 1860, in favour of the def t's wife! As
the thee is still pending, we reserve any further report
until the conclusion of it.

Mr. Baron, Q.C., Mr. Willy, of the Common Law bar,
ISA Mr. E. K. Karalake, appeared for the pleintiff ; and
Mr. Malin., Q.C., Mr. Sheppard, of the Common law tar,
and Mr. W. Pearson, for the defendant.

COURT OF QIIFXN'S BENCH.-Fu. 19.

After Term Nisi grim; Sittinp at Guildball.—(Before
Lord Chief Justice Cockburn snd • Special Jury.)
BEITIWN V. THE BANK 01 LONDON.
(Continued from yesterday's dzpress.)
The plaintiff was called and deposed to the (acts already
stated. He was in custody altogether on this charge for
live weeks,.

Mr. Hawkins interposed, and mid the defendants were
may liable for the plaintiff's detention up to the time of his
being taken More the magistrate. What was done subse-
quently was the judicial act of the magistrate.
The plaintiff was then examined with reference to his
trial on Brown's charges, and also the part taken by Mr.
Mullins, solicitor to the Association of Beaker,
for the de-
%Wants' in the matter, whew
Mr. Hawkins objected. Mr. Muller was acting for the
sonintittesof the Association of Bankers.

The Lord Chief Justice—Surely the defendants are not
going to avoid their responsibility under such • miserable
excuser that Mr. Mullen. might be called for the plaintiff.
Sergeant Paektnan' of the City detectivedetectiveforce, . proved
taking the plaintiffintocustody. He received his instruc-
tions from Mr. Mullane. Witness signed the charge-sboet.
Mr. Muller was then called, and when 'eked what in-
structiose he gave the last witness,
Mr. Hawkins said he did not rand to rely on his tech-
aical objection with regard to Mr. Muller'. authority to
err the plaintiff's apprehension.
The Lord Chief Justice said the proceedings were un-
worthy the Bank of Loudon. He regretted very much that
such a wretched and technical objection bad been taken.
le answer to questions from Mr. Hawkins, Mr. Mullins
deposed that on the nth January, 1862. be recovered
fro the bank the cheque in question, and • statement signed
by Brown. He saw him the same evening, end he informed
wirer that it wan correct, and showed witness some papas
and doosnwate in ristarroe to it. He described the plain.
tiff as • clerk of the works in Bow-street. The statement
was to the effect that Brown bed lost • cheque, and
that after the plaintiff was in custody on Brown's charges
he found amongst his paper a slip upon which the plaintiff
had attempted to forge his name, and that be bad lost 601.
by him. He investigated the matter at the request of the
committee of the Association of Bankers. He had
several interviews with Brown, and had no
reran to doubt the truth of his statement.
Brown swore positively before the magistrates that no pert
of the cheque was in his handwriting, and that be believed
it wee the plaintiff's. On the trial for embezzlement pre-
ferred by Brown he wee examined, and from what occurred
witness was led to doubt the truth of his statement. He
afterwards saw Brown, and further examined him upon
the matter, which tended to shake hie credit, and led the
jury to state that they did not believe his evidence. His
explanations were unsatisfactory, and he placed in witness's
hands documents in support of his assertions with regard
to the forgery, which consisted of the cheque, an Ilfl
U,
rid • receipt for 61., purporting to have been given by the
plaintiff to him io the course of their business transactions. He
let tint considered Brown's redeemers to be true, and that
the plaintiff must be convicted. From the time above re-
ferried to he suspected the whole of the documents were for-
eerie'. He examined them with • magnifying glass, and
afterwards with a microscope, and ascertained that the sig.
natures bad been tampered with. He reported it to the
committee, who immediately countermanded the prosecu-
tion against the plaintiff. Brown was given into custody
for the turneries, tried, convicted, and sentenced to ten
years' penal servitude.
The plaintiff was recalled, and examined with reference
to his pecuniary position, and his having been twice in dd..
°ultra.

Yr. Hawkins submitted that upon the evidence be had
proved his plea subject to the question of forgery.
The Lord Chief Jana°, and be thought there was uo
forgery within the meaning of t►e plea independentlyt and
that there was no felony to justify as individual in giving
the plaintiff into custody without the intervention of a
magistrate.
Mr. Hawkins said he thought he could not support the
felony.
The loud Chief Justice said be should tell the jury that
if t►ere bad been a felony there was reasonable and pro.
bible cause for proceeding against the plaintiff.
The jury ultimately returned a verdict for the plaintiff,
dowses Sig, *abject W the plat reserved.

COURT OF BANKRUPTCY.—Fra. 19.
(Before Mr. Oornmiasioner Holroyd.)
IX U EDMUND 0 1101311/3, OTHER W ISR FALCONE/L.-MB

LYCKI3I4 • AND DROBT-LANE THEATRE!.

This easel;ealn-7--eaWboiirore the court, by adjournment.
It will be remembered that an application was made some
time ago to set aside or rescind • protecting order of the
Insolveet Court which had been obtained by Mr. Edmund
Falconer, now the learn of Drury-lane Theatre, in June,
1859. On that occurs the matter stood over, on • sug-
gestion from his honour (Mr. Commissioner Fonblaoque)
that the best course would be for the parties to endeavour
to come to some arrangement.
Mr. Keane sow appeared in rapport of the application.
It was opposed by Mr. Sargood, Mr. E. Hod, and Mr.
Brougb.
Mr. Keane stated that in the interval Nitre the last
sitting no arrangement had bees come to, and the matter
consequently again came before the court. By the 7th
*action of the 5 and 6 Vie., cap. 116, a heal order wee
granted to insolvents, sad the whole of their estate, pest
and future, err vested in the official assignee. By the 9th
section the future estate could be taken possession of by the
assignee on filing • copy of his claim and serving it on the
petitioner. Mr. Sturgis, the provisional assignee, had com-
plied with those preliminaries, and that being done the
property bad actually vested in him. The 12th section of
the nine act directed • month's notice to be
given of any application to the court for rescinding the
final order upon which the commissioner, after examining
the petitioner, if nerseery, might make an order for re-
scinding the final order. le cars where the petitioner made
a full disclosure of his after-acquired property, he was
relieved from this process; and it might be said to be a
fraud on the court to obtain its protection and reface to
make the disclosure which was a tradition of that pro.
ration. Mr. Falconer, after obtainiog his order, had ac-
quired property of which be bad given no notice to the
official assignee. By the production of the Pay o' Day at
the Lyceum Theatre, Mr. Falconer bad realised a very large
sum. In proof of this it was stated that be had
paid 3,000/. to Mr. E. T. Smith, in part payment
for the lease of Drury-lase Theatre. Of this
property he hod given no notice to the ass' and it was
said that he bad realised as much as 20,06f11. Ceder these
circumstances it was asked that the final order should be
preluded.

Mr.Targood mid there must be strict proof of compli-
sane with all the formalities in order to give the court
jurisdiction.
Mr. Kemp' pat is notice of the application (now made oa
behalf ofMr. Calwtt, an admitted creditor), which had been
served no Mr. Sturgis on the 23rd September last, and also
on Mr. Falconer, by leaving it at the stage doer of the Ly-

wji
-Bowen; thought it &meltable that a balaeosseheet
should be toads out showing what Mr. Feleorser had re.
mired, aid how be bad dispeed of it
Mr. %mood said that for Mr. Fawner, in his wellies se
the meager d a theatre, with wash a ebeutalle as he bed,
to be celled oik to melte emit a belaaormhost, would be his
utter dsatruellea. He well Geese, y the debt.
His Nowa eespelei thew' d ionise le um
amegenewt.