The Express.
London, England, 1855-01-13 00:00:00

r
let at the aoselusio• of the leaned email% arguments the
we was adieuraed till te-merrow (this day.)
Sir 1. Thesiger represented the plaintiff'.
!TONS AT inn TRIOS AT ITUITHIMATIA.-111101111 Xi PATON PLATT
nee COMMON 10S1MI.
These wets the first sinless at nisi pries during this
term. The list contained as many as 86 causes and two
rewords.
300011 5. COMM.—ALISO= 11110LI0IS03.
Mr. Edwin James and Mr. Patenderf apposing Me SO
plaintiff; and Mr. Hawkins represented the defendant.
This was an action brought by the pleigiC a paean Is
Inisible elreoutstanees, to recover eemparsatleet in damps
trout she defendant, Mr. Combs, a member of the firm of
al
Delafield, and Co. the well-knowe bre wen, fele .
negligence on the part of his aervants, by which the
child had sustained serious injury. It appeared
that the child, a little boy two years of age, was, toge-
ther with other children, playing in the street at the
time the defendant's dray, dnven by his servant, was
proceeding slowly down the street. The &spoon, who
was sitting on the side of the dray, did not see the little boy,
who was knocked down by eau of the horses, and the wheel
pawed over his body. The child, after the accident. was re-
moved to St. Bartholomew's Hospital, where he remained
for ten weeks, during which time he suffered most severely.
The medical testimony went to prove that the injury was of
a most serious abstainer, and from the sympt :me eshibited
' the child might become deformed. The evidence adduced
on behalf of the defendant was in direst °pool'', ion to that
et the plaintiff, and attempted to prove that there wu no
negligence on the part of the drayman, but that the injury
surained by the child was purely the result of accident.
The kneel judge having summed up the evidence, left
It to tie jury to say whether or not they thought the driver
of the dray had sufficient command over his horses wheo
sitting on the shafts If they were of opinion he had not, that
amountzd to negligence, and the plaintiff would be entitled
to their verdict for such an amount as they considered the
juw,ce of the case required.
The jury haviog retired, returned into court after a short
absence, with a verdict for the plaintiff Damages 601.

EXCHEQUER CHAMBER.—Jss. 12.
sirrntos IM 11.11011.-117013 TZR LOUD CUM SW= GIP T 00
OF wawa, PLR" MIL MIMI WILLIAMS, M. RAMON ALMA
AND ■A. IYIOM ■AITIM.

TOSTRI e. 111AT211.-311DOMINT. •
The Lord Chief Justice, in delivering the Judgment of
the court in this ease, said this was en action of replevin, to
have the opinion of the Court of Queen's Bench as to the
constriction to be put on the provisions of a will. The
Court of Queen's Binh gave judgment in favour of the
defendant, and upon that decision a writ of error was
brought, which was argued before the court some time since,
when the learned judges reserved their judgment. To-day
judgment was delivered, affirming the decision of the couit
below, but the matter was of no public intereot, involving
points of law purely of a technical character.
Judgment affirmed.
The court win ilt in errors from the Cow tof Common
Pleas on Thursday and Friday, the lit sad 2nd of Feb ruary,
and from the Exchequer, on Monday, the sth of February
and following days, until the cases on the list are disposed
of.

COURT OF BANKRUPTCY.—JAN. 12.
1117011 IL cosonsacirom 00CLICZN.
tie An CALL.
The bankrupt was a wholesale glover, of Wood-street,
Chcapside, and of liolland-street, Blackfriers. This was
the certificate meeting.
From the report of Mr. Nicholson, the official assignee, it
I appeared that the bankrupt commenced hie accounts on the
31st of January, 1853, with a deficiency of 5,3551. He now
owed to unsecured creditors 14,7841. ; liabilities, 9,9421.
The assets were returned at 5311.1 a cash and bills given up;
debts considered good, 2,2661.; roperty, 3,4351. The pro-
fits, during twentrone months)p had been 2,0381 ; trade
camases, 3,0011. ; domestic ditto, 7221. ; loss on sale of pro-
Pony, 1,1691. ; ditto by bad debts, 7741. He had commenced
business in 1830, hie father then retiring and leaving a
capital of about 6,0.0". in the concern. About fire years
ago the bankrupt appeared to have commenced a system of
accommodation bill transactions, which had gradually grown
upon him, until he was now liable upon bills beyond the
seasideranon reoeived to the amount of upwards of 9,0001.
The books were very voluminous, and were well kept, and
e bankrupt had rendered every assistance in his power to
tho Mate.
Mr. Dupree, for the assignees, said the creditors princi-
=complained of the large liability incurred on accommo-
Mils, also the deficiency with which the bankrupt
MiMalleaced, end the excess of expenditure over profits. The
bankrupt bad obtained the first prise for gloves at the Great
Exhibition of 1851; and probably this had led him to Launch
out into expense more than he ought to have done. On
looking through the accounts it appeared that the result of
the trading had been a loss of about 1,000/. a year. It was
in the bankrupt's favour that he had made no attempt to
protect the members of his family, who were large creditors,
by any undue preference ; he had also thrown a legacy of
6901. which was left to his wile, into his business. lie had
stopped of his own accord, and had placed himself unto-
servedly in the hands of his creditors.
Mr. Hart, the official assignee's clerk, stated, in answer
to the court, that the mete would yield a dividend of about
4e. 6d. in the pound.
Mr. Dupre* wished further to state in the bankrupt's
favour, that his hooka had been well kept, that be had given
up about 5001. in cash, and had rendered every assistance to
the assignees.
Mc Lawrence, for the bankrupt, urged that the businesslk.
Mega old and respectable one, having been carried on for
• number of years by the bankrupt's father. The de-
ficiency at the commencement of the accounts consisted
mainly of the debts due to the members of the family„
which the bankrupt knew would not be called in. It was
probable he would have stopped in 1861, but for the prim
which he obtained for English gloves at the Great Exhibi-
tion.
The Commissioner—lt was an unlucky prise for him.
Mr. Lawrence said the whole of the liabilities were not I
tee moommodation paper ; he had had value to the extent
of 2,0001. Being anxious to avoid the breaking up of ha
business be had resorted to this species of assistance ; for he
had the greatest confidence in the ultimate stability of hie
nosiness.
Ilia Honour said this was really a very melanchamE
but there were certain principles on which it was •
sable that courts presiding over commercial tea
should act, and act with some degree of firmnessos ; otherwise
they eablish a precedent of the mt mischievous
character. One of those principles was, that a man who wee
knowingly and hopelessly insolvent, and had been so for
years, ought not to go forward, getting worse and worse,
taking every year so much out of ,the packets of his credi-
tors, and doing that by the moat objectioaable means—
namely, by accommodation paper. That was almost the
only charge against this bankrupt ; and taking into consi-
deration the circumstances in his favour, that he had given
up • large amount of property—had made no attempt to
prefer his relatives—bad voluntarily placed himself in the
hands of his creditors, and had done all in his power to be-
nefit the estate—the court would grant a second class cot*
dente at the expiration of tour months from the date of the
petition (October 20th).
IN RR MEW AND cane.
The bankrupts, father and son, were builders, of Chelsea,
This was the certificate meeting. Their unsecured debt.'
ware 9901.; secured ditto, 2,487/. ; property realised to the
estate, about 30!.; ditto mortgaged, 2,8001. The profits
had been 3281. ; expanses about 1,2001.
Mr. Fssenmeyer, for the enigma, expressed his belief
that a surplus would be derived from the mortgaged pro-
perty sufficient to yield • good dividend.
His Honour strongly condemned the system Of parties
amen into building speculations without any capital, a
=which had become extremely common of late.
saes usually resulted in bankruptcy; and the uniform
feature was that all the property was mortgaged to the
utmost, and in not more than one out of a thousand eases
was there say surplus from the property so burdened. Here
the bankrupts had had small capital of 2201. ; and u there
wen idahid to be • probability of a surplus from the mort
property, the best course would be to adjourn the con-
ntition of the certificate until the assignees bad realised
the property. He would adjourn the case for three months,
with protection.

11( HZ NASH.
This was the certificate meeting in the cue of H. J. Nash,
woollen warehouseman, of Crown-court, Cheepside.
Mr. Pennell, the official assignee, reported that the bank-
rapt had commenced trading, in, January, 1852, without
say available capital. His debts and liabilities amounted to
1,8111., while the assets would not realise sufficient to pay
the expenses of the petition. The profits
cartewe very small
in proportion to the expenses, being returned 5 while
the trade and personal expenditure amounted to 1,2791., in
addition to which there were losses of 6631. The becks 1
W leen for the most put regularly kept.
Kr. Herbert Lloyd opposed for Mears. Brooks and
Biglihon, creditors, on the ground that the bankrupt had
bus guilty of reckless trading, and that three months be.
fore his failure he had contracted a debt of 301. by false re-
presentation that he was worth 1,0001., the fact being that
de was then deficient by that amount.
Mr. Dorrington, sideman to the opposing creditors, stated
that in July last he called upon the bankrupt to see how he
was settle; oa is businese. He said had evep was
roe
et Aning a put business, and that his capital, which was
1.000,E when be commenced business, had not at all Se-
asoned. A week or ten days altar, witness took an order
from him for 301, in consequence of the representatiaa as
'to his capital. The goods were delivered on the 29th of
1 July, the amount was 311.
By Mr. Linklater (for the bankrupt)—The conversation
took place in Nash's warehouse, no one was present. The
goods were delivered on the day they were ordered I went
to tho bankrupt for the order. I pressed him for it. He I
did not hesitate particularly. Will not swear I had not
pressed him for the order on a former °cession. I knew that 1
the bankrupt had been in the employ of his father, who wesi
bankrupt in 1852, and got a first-class certificate. I did not
know that the bankrupt's father had paid a great deal el
money for him. I communicated the bankrupt's reline/sa-
-1 tartan to my principals on the day the order was given.
1 By Mr. Lloyd—l should not have pressed him but for lb
gliCii:.
illgrtl de?osed that they trusted the bankrupt in
connigraathee of his representation to Barrington.
. oTipeenstrapt (examined by Mr. Linklater) stated—l did
ilhot tel Kr. Darringva that I had a espial' of 1,0001. when
I somseneed, and that it had not diminished. He was in
the habit of calling on me frequently. I told him I had had
some heavy losses ; one of 200/. by a bad debt. I told him

of my laving interned some of lionssa Bootee bills, and
that I had best very mach put 'boat. In the course of that
conversatperty to the on,
amount of I said that
hundred
when I b
pounds. roegan business I had p-
By the Court—l am sure I never need the words " a
thousand pounds."
By Hr. Linklater—Before giving the order, Dorrlsgton
hail intend line for it vu several cession, as much as a
man could do.
By the Commissioner—l did not gay anything as to my
present capital, or whether what I bad at the commence
meat had decreased.
The Commissioner—Now, hero is one of two persons
grossly perjured.
By Mr. Linklater—Before my father's failure, I was his
buyer fur some years. He had a large business sad en ex-
myself.i After his failure, I eoranimseed for
I fleet got credit from houses with whom my
father had dealt many years, and some of whom are credi-
tors now. I believe they knew I had no capital.
By Mr. Lloyd—l believe I told Mr. Scott, of Bradford,
three or six months before the bankruptcy, that I had seve-
ral hundred pounds to commence with. I would not swear
I did not say it was 1,0001. I may have said something to
Mr. Boon that my capital had not diminished, bat I do not
remember. I think it very probable that I dishonoured a
cheque is April last, for 181. 10e. upon which I was sued.
On June 6 I dishonoured a cheque for 441. 145., given to
Gilmore and Co. Oa June 7 dishonoured cue of Meters.
Scott's bills for 681. 17e. On July 6, I might have several
dishonoured bills in the hands of the Royal
British Bank. On that day I gave the bank
an order to receive my dividend on Roe's estate
on receiving which they agreed to let one of Roe's bills re-
main over. That bill is still in their hands; at least I have
not paid it. I took up one bill for 891. I have drawn ac-
eommodation bills, in the course of three years, to the
amount of, perhaps, 1,5001. Not quite 20J1. are now out-
standing. in July tut I discounted a bill with Kemp and
Clay, having 21 days to ran ; they charged high interest.
If the bill was taken in exchange for another, they would
charge what they liked. I have paid 2331. for discounts.
By hit. Liaklater—Gilmore's cheque was afterwards
paid, and they continued the amount. It was owing to re-
Wetted bills that the cheques were dishonoored, as the Bri-
tish Bank will keep 26 per cent. in band on the bills they
hold.
Mr. Linklater submitted that the evidence of Mr. Her-
rington, if taken for granted, did not bear out the charge
of freed under the penal section. The question was, whe-
ther the representation was made by the bankrupt for the
sake of obtaining credit. According to the evidence the re-
presentation had been made in the course of a friendly inter-
view, and not i.t the time the order was given, which had
Icely een done after much pressing by Durrington. Hence
it mid not be said that the debt had been contracted " by
may manner of fraud." Here the bankrupt bad a reason-
' able expectation of being able to pay the amount ; for when
he failed he had 661. at the bank, which would have bees
given up to the estate, but for the peculiar arrangements d
the British Bank with their customers, which enabled them
to hold 26 per cent. on the bills they discounted.
The Commissioner—There is evidently perjury on the one
side or the other. I must read over the depositions caro-
-1 fully' because if this charge is established against the bank-
rupt, it will be a very serious ease, for he will be deprived
of protection. I have been often surprised at the facility
with which credit is given ; and here the question arises—
how the credit was given / It is of the utmost importance
that we should look carefully intofor nine-tenths of
the losses of trade result from the too great facility with
which credit is given.
IN RN CARSON.—LARON IAILIIRS 01 AN NAST INDIAN
MERCHANT.
This was the examination meeting in the case of F. Car-
ew, merchant, of Bt. Helen's-place. The accounts had not
been filed, but from a preliminary statement of the accounts
prepared by. MOWS. Hart, it appears that the bankrupt
owes to unsecured creditors, 19,9345/. ; to those bolding se-
equity, 35,41. consignments,es, 2,6341. The property consists
wholly of chiefly to Madras, Calcutta, and
Melbourne, which are held as security by creditors, but are
valued at 60,4001.
Mr. Tilleard, for the assignees, and Mr. Linklater, for
SID bankrupt, consenting to an adjournment, it was ordered
he a south.
IN BE NUTTIR.— ORIAT DEPRECIATION IN PIALIC-
NOUSE PIIOI.I2TT.
The bankrupt, a brewer, at Cambridge, applied for his
nertificate. His unsecured debts were 2,6871., sancta re-
turned at aout 1,001. The remarkable feature in the case
was the largbe depreciation which had occurred in the value
of the bankrupt's property, consiatin of brewery and pub.
Be houses in and near Cambridge, the value of which bad
diminished upwards of 4,7001.
Mr. Lawrence, for the bankrupt, stated that he was clear
with the world, end had a surplus of 1,1981. at the begin-
ning of October, 1852. The extraordinary depreciation in
the value of the property was in a great measure attri-
butable to thn anticipated opening of the trade, and this
was more felt in a provincial town, where the trade was
more of a monopoly.
His Honour Thought the ease one partly of loss and mis-
fortune ; but as Nutter had been bankrupt before, he ought
to have taken a lesson from his past experience. On this
account the certificate (2nd clash) would be suspended for
three months from the date of the petition in October last.

INSOLVENT DEBTORS' COURT.—JAN. 12.
isioßE ass. COMMMIOIrIi
111 SE WILLIAM SPELLIII.
This cue before reported was decided. Mr. Reed opposed
for a Mr. Gordon, and Mr. tiJwle supported.
The insolvent was clerk at the City Pilsen, Holloway,
and offered to set aside 201. a year out of his salary of 1601.,
for his creditors. He complained that his opposing creditor
bad been to the gaol rommitUe, and he was recommended
to resign. Gordon admitted that he went to Alderman
Wilson on the subject, and before be could state his case on
a day appointed, the insolvent resigned which he did as
alleged on the advice of a Mr. Mather, rather than pay the
amount to be set wide. That gentleman now attended, and
weld he had receutmended the insolvent not to resign. He
denied that ho said by so doing, Gordon would get nothing.
Mr. Commissioner Murphy said he should give the final
order, and of course there would be no proposal. He
thought when it was offered that the insolvent could not
pay it, and Mr. Gordon having gone to the gaol committee,
the insolvent bad resigned; he had only to thank hirrself
for pushing the matter too far on the insolvent.
Final order granted.

IN El JANIS BOOM.
This insolvent, who had kept the well-known shawl eats-
blishment as " Holmes and Company," in Regent-street,
spelled to be discharged.
Mr. Nichols opposed for Mr. Halifax, a stationer in
Oxford-street; and Mr. Dowse opposed for Mr. Smith, a
phoebes. Another plumber named Chaplin, appeared in
peens. Mr. Sargood supported.
In 1852 the insolvent was made bankrupt, and his certifi-
cate was suspended for three years. At first he was with-
out p rotection, but it ha now been granted (
under the bank-
ruptcy the remainde
f the term of the susped nsion. His delsts
were 30,0001. and nearly all proved. Being =cer-
tificated, he commenced business in New Bond•street as an
estate agent as, " Holmes and C 0.," and to the non-comple-
tion of monetary matters, arising from the unsettled state of
political affairs, he attributed his Solvency. His own
debts were 3301., and he bad renewed a bankruptcy debt of
1961.
The complaint of the two creditors, for whom counsel op-
posed,was that the insolvent had contracted their debts whilst
=certificated. To Mr. Halifax he owed 351., and to Mr.
Smith upwards of 201. Both were not aware that the in•
aolvent was a bankrupt when they began business with him,
but knew of the circumstance soon afterwards. Mr. Chaplin
had done work on the premises in New Boad•street, and his
debt was 671. He had been paid 201. by an order on a gen-
tleman named Haynes, and the insolvent told him that that
gentleman would assist him te 1,0001. He believed when
he commenced work that Mr. Holmes, from his style of
living at Brampton, was a man of property.
Mr. Commissioner Murphy was somewhat surprised that
tradesmen in London had not heard of the bankruptcy of
Holmes, the shawl merchant, of Regent-street. In his
opinion, tradesmen ought to be cautious in giving credit.
It was well known that last year there bad been depression
in business, and not much was expected this year. Before
he disposed of the case, he should like to see XL Haynes.
The case was adjourned to the 28th instant.
IN BE KART BEVAN.
This insolvent, whose este was before reported, was fur-
ther heard. Mr. Nichol', Mr. Dowse, and Mr. Way, op-
posed for creditors ; Mr. Sargood supported.
The insolvent had been twice, married. Latterly she had
carried on a public•house, and a long inquiry took place as to
her debts and her means of payment. The CU turned on a
complaint of a creditor named Webb. The insolvent had
accepted a bill on which Mr. Webb had advanced money,
and it was complained that she was not in eposition to pay
the debt when she incurred the same.
Mr. Commissioner Murphy said the insolvent had been a
long time in prison, but it was his duty to mark the case,
on account of the bill on which Mr. Webb complained.
He pronounced a judgment of six months, under the dis-
cretionary clause, tram the vesting order; which would not
keep the insolvent a very long time in prison.

TEE ROYAL JUNKMAN AND LONDON VACCINE
Iwerirovtos.—Tho annual meeting of this institution was
held yesterday at the Freemasons' Tavern, Edward /flail,
Esq , M.P., presiding. The chairman said that he must be
permitted to bear his earnest testimony to the value of the
work in which the institution was engaged. He took con-
siderable interest in the institution, and believed that the
principle of vaccination by its own intrinsic efficacy was
able to make its way throughout the world without the sup-
port of government. The report presented by the board of
managers stated Vitt 4,600 persons had been vaccinated
through the institution sines 1863, and 163,000 since its
opening, wails the protecting fluid "ad been supplied to the
Emit India Company, the West India Islands, the colonies,
&c. The statement of accounts showed a balance, at the
bankers aad with the secretary, of 101. 2.. 60., against
which there were debts due to the amount of 2301. At the
does of the proceedings thanks were voted to the board of
minagers and to the chairman.
SURVEYORS•GENERAL OF CusTome.—Mr. C. Boyd,
the senior Surveyor-Oeneral, has just retired, after a Re-
viles of upwards of fifty years, with a superannuation
I allowance equal to his full salary of 9001. per annum. Mr.
Boyd, who was a man of very superior qualifications, acted
i for some time as local commissioner in Dublin, until the
, final consolidation of the boards in England, Scotland, and
Ireland.—Cioil Service Gault*.