The Express.
London, England, 1864-05-05 00:00:00

COURT OF EXCHEQUER.

Ntt.ca in Banco. —{Baton Lord Chief Baron Pollock, sad
Banos Martin, Bramwell and Mete/

zr 11 8P11:111MAN. -
,
In tbis)case, which was reported yesterday, the queticie
• elietber George Spiksensan bedtime properly convicted
lit two justices of Epsom of an agsraemted salt. He
• brought un upon a writ of habeas corpus from Wands-
*rah House of Correction, where he was undergoing a sew.
tette of imprisonment for three mouths with hard labour,
it order that the conviction might be quashed oa the
p,-.lcal of informality.
Mr. Lash. Q.C., io support of the coeviction, read M
chits from the justices, detailing facts proved before them,
:oat be contended seemly justified them in summarily
our:ctiog the premier of an mistreated ammo%
Mr. Ottfard appearedon the other side.
_ _

ILe t. cart hela—tbet the conviction wee good, and ordered
t:.- rmoner to be remanded to the custody of the governor
acute of Correction.

CJURT OF PROBATE AND DIVORCE.
(Before the Judge Ordistu7.)
REMIT C. TARRY AND 121:011.

'lr. fseattlay, t/ C., and Dr.Spinks for the plaintiff ;
field, Q.C., and Mr. If erewether for the defendants.

wen a testamentary mit relatiaitolie will of Mr.
i...tt, late a blacksmith at Hill Morton, Warwick-
rare. Probate in common form had been taken out by the
ii.cutors ; and it was now called in question by the plain.
!, who was the brother of the deceased, and who pleaded
1-.! usual averments of undue essential and want of capacity.
iit also alleged that the document was not the will of his
irther.
_ _

lie ease bad made very little progress irbaa ye west to
mt..]

ARCHES COURT.
(Before Dr. Lashisttos.)
LND 11•11.17 V. ANECIT.—.IIIDONECT IN THE TINICORTN
CHURCII•IIATIL CASK.
Ibis ass, which has been sometime pending, was sow
brought to a oreliesioa. The promoters of the snit are
dinrehwardese of the examinee pariah of Temworth,
cuptisiet saves townships and upwards of 2.C.30 rate•
pi7ers, over as extent of more than 10,G00 acres.
For a loot time disputa have arisen is the pariah
m church rates, sad the precut proesediag had erred
essiderable interest. The defendant in this ease nopreoented
eumerous body asseseed to limonite of or penny halfpenny
tee pound, the validity of which wee disputed. The
..mien DOW reload was whether this rate should be
r.foreed or quashed. The churchwardens applied to
enforce the rote, sad the dreaded opposed it ea the
round that it was sot legal. The exposer os both aides
12 hying the matter before the court were ooesidarable.

Ir. Cash' too aced a long and elaborates jedg-
eat. He he should make himself intelligible,
tct be was sorry to say that from the somas of documents
le had cot been able to digest the materials into a form
istisfactory to himself. The rate in questioe-1 ed. in the
I,utd—was made to cover the exposers of the church from
1*;1, to Easter, 1862. The rate was opposed
c. .everal meads: that it was excemive, that
er=e of the items were illegal ; and further, that property
5.1 been omitted, or not properly rated. In all tease of
e.,..rch rates there were great difficulties. The pariah church
very ancient one, end the property assessed consisted
c! -,4t.3 properties. He should sot deride this ease on the
f.-.:ant being excessive, or that some of the items were
',al. He should proceed oa the Importaat question of
issessmeut. The law no church rake was of great an-
..to ; they existed long before peer rates. Looking to the
.era cases, all property ansiegable to poor rates was
to church rates, except property beloogieg to the
h. Poor rates had no impassion with church rates,
was a great mistake to toned oee sesessuaget on the
The law on church rates was in a very en-
i.t.f.ctory state and imposed great burdees as church-
v.:l:es, and he sou bound to say that Mr. Hill had marl.
txulsly exerted himself to discharge hie onerous duties.
His lordship went through the question of ameemsieut in a
held manner, and at some length dimmed the principal
;unsay assessed to the church-rate. The rate was to be
r:oei, and townships were not to be considered, but Duly
:tat one parish existed. His lordship pronotosoed against
t:e validity of the rate, and that the basis of the Door-rate
Meaty-510 years ago was improper.
.ludgeneet for the defendants, and the court condemned
tie churchwardens in costs except es use posed of probers-
: heeds.
Ihis important decision will affect eamerous mass.

COURT OF BANKRUPTCY.
(Before Mr. Commisidoser Feat)
• T 4EORGx FRICAKC AND TROKAB JANIED GATNTICOLE.
This was as smarmeatioe meeting. The bankrupt& were
,:,,;nbed se of No. 81, Mark-Moe, gawkiest' sod steamship
axxnuits exhibit this summary : —Dr.—To creditors
--cured, 8971. 11e. 9d. • reeved, 6731. 6s. • creditors
14 paid in full, 911. 12a. 6d. ; told, 1,6621.
Cr.--By debtors. good, 361. 4s. 9d. ;
• .Property ven up to assigete,
• ; ditto in the handsgi of auditors, MI. 1 s 0". ;
!;•••"elicy, :Mt Grl., making a corresponding total of
• '' V. 14e. :td. It appear that Mr. George Robert Frieake
1,, an inanity of 1001. per year from the oorporation of
:100, as compensation for the loss of his office as deputy-
'- meter, sail among the security held are four policies
Frieake's life, the premiums on which are
,rhoteed by his soo, a clerk in the West India Docks.
lr.riargocd now said that he had so objection to offer to
,at accounts, and they were quite ratiefactory. The
would therefore maggot to Friinke's paring his
'tiny sod receiving his order of discharge. With
•al to Gathercole they did not object to his pealing upon
,-- Ant account*, but as to his separate coconuts they
Lotel an adjournment in order to make further usquiriee.
'lf. Bagley resisted the application for Gethercole, and
that it wan made too late. It was making an
, distinction to pass one bankraptaed adjourn theother.
I:, beetroot Gathercole was examired at some length
admitted having pledged souse articles of furniture.
L.l done so bemuse his family were starving. He
I Mr. Plows (of Mark-lane), the solicitor to the assig-
; • give him • few days to raise 151. to purchase his far-
•-in bat it we. refused. When ho pledged the pro.
•-' I.e had not a shilling in his pocket. Hie landlord dia-
' .:ed on his furniture for the rest. His wife was now •
sal im. He paid 21. per week for her at Grove-hall
Tie bankrupt's father wee examined, and deposed that
Property was Dawned WNW his advice. The furniture
+! tee Bedford Pantechnicon bed bees removed from
- • • ,o's premises, but belonged to Intones.
Sargood said the whole question was whether there
t ant to be time for further log He submitted
the evidence given was most au m
sstu ietap.
`ter hearing Mr. Bagley for the bankrupt, who de-
! -I.•ed this as • miserable attempt to throw discredit ma
- ,tekruot,
•-- Commissioner said be should pees his examination
:use him to here his discharge.