The Express.
London, England, 1852-02-10 00:00:00

ii-Mn intelligence.

EQUITY COURTB.—YIifiTERDAY.
Bans VittaCIUSCIIIIAII Om Jane Vaaasa.
Rs TRU JOIRT-RTOCI WINDINuAre ACTII AND TR.
ZUSILAN COUNTIUS JUNCTION AND SOUTURXD RAIL-
VAT CO . MAJOWAILING.II CAPR.

The abets company, in constructing their railway, built
• bridge on piles crossing a stream called the Cherwell, near
Islip, Oafordshirt, at a short distance below Islip Mill, the
property of the plaintiff. The plaintiff thereupon tiled •
bill, complaining that the bridge in question had not been
constructed according to the plans of which the company
had gives notice ; that it twoonsil the stream diagonally, and
that the piles were unnecessarily numerous, and greatly
impeded the ordinary flow of the water, and minded back
the water on the mill tail, and also injured the passage of
the plaintiff up to his mill in boats, and his right of fishery ,
and he insisted that the railway company was not, is
crossing the stream, doing as little damage as might be, and
that it was piacticable to cross the stream with • girder
bridge.
On the 10th of January last an injunction was issued re-
straining the company from sinking any piles, or from raising
any permanent works in the course of the stream until the
defendants should fully answer the plaintiffs bill, or until
order to the contrary was obtained ex parte. This was •
motion by the defendants that the injunction might be
dissolved. There was a conflict of evidence upon the affi-
davits as to the amount of injury dune to the mill and
fishery of the plaintiff by the piles and bridge. For the
plaintiff the injury was represented as being considerable,
whilst the witnesses for the defendants staled it to be
trilling. For the plaintiff it was muted that a bridge to
cause very little injury to the plaintiff's mill and fishery
might be erected at a cost of some 301 W. or 1001., whilst for
the defendants it was stated that a bridge, ouch as the plain-
till's bill suggested to be proper to be erected, would cost
as many thousands.
Mr. Stuart, Mr. Willeock, and Mr. Speed, were heard on
the last day of Hilary Term in support of the motion to
dissolve the injunction.
Mr. Kenyon l'arker and Mr. Hetherington were heard
this day in support of the original injunction. They
said that the company were bound by the 16th section
of the Itadway Clauses Consolidation Act. 1843, to do
as little damage as care be," and insisted that the defend-
ants theosselvs., by showing that a bridge, entirely avoid-
ing the injury to the stream complained of, could be
built, supported the plaintiff's case, and that the coats to the
amount seated, as necessary for the purpose, were not such
no to justify the defendants in inflicting the injury they
bail dune on the plaintiff.
The Vier Chant., nor thought the clause in question must
have a rear.u.sble construction, and that the company weft
not obliged, under the circumstances, to incur a large en.
pencliture, such settle plaintiff required, particularly as the
same clause gave the plaintiff full reinfection for all damage
be could sustain by the piles and bridge in cpitstion!m=
Honour thought the injunction should be dissolved.
Its Ttta CUtNTIEN JUNCTION AND &MINIM!)
RAILW•T Arms.—
Ilan weatno's
The Master, in settling the list of contributories in the
above company, plead the name of Mr. Manwaring on
the list as a emtributory for one hundred shares. The se-
cretary, on the fith of October, wrote a letter to Mr.
M.lllWafillit, informing him that by • resolution of
the committee of management, he, as a member of the pro-
voional committee, was entitled to 100 shares in the com-

ploy. Mr. hiaIIf&TIAX, by letter dated the 9th of the
some month, in re. ply, said, " 1 should wish to ham 100
/LAM reserved for me." On the 21st of November, 1815,
the teeretary applied to Mr. Ilauswaring with a repast, in
tt.e following word•, " forthwith to pair the deposit on the
100 sham accepted by you as a member of the provielosal
committee, agreeably to your letter of the 9th October."
Mr. Manwariug, it, answer, desired to be informed whether
autscient deposits had been paid to go to parliament, and
whether all the other members of the proviaional commit-
tee had paid their deposits, adding, " should that be the
cam, I shall not hasitAto to pay also." On the 31st of De-
cember, 1915, the secretary convened the provisional COM-
'Cow to &orange for payment of the liabilities of the com-
pany. From that time the scheme was treated as an abase
dotard am.

Mr. Lee and Mr. F. S. Williamq appeared in support of
the s.iii. Mr. Daniel, for the ogleial manager, against it.
The viatica was whether the correvoadene• in this
ere beweitht Mr. Manwaring within Uptiii's ease.
The Vice-Cbaneeller said be did riot think the ease dis-

tinguiehable from Upfill's. The point decided there was,
that perms who is a member of the provisional cemealttm.
and who incepts shares is a contributory. Now, in this
cam. the name of the appellant is on the list of the previ-
sional committee. Two tette rs were addressed to him as •
member of the minutiae,. lie answered them, and in
neither simmer did he repudiate the character. Then, did
he accept shares ? He requested the shares might be pre-
served foe him, sod when he received a letter which put a
tionstruelies tin the ezpression, and treated it as an wept-
sem, be did not my that his meaning had been mistaken,
Sr that a had not aceepted the shares. There was, come-
quietly, not the diSculty which existed in Onions case.
He mast be taken to have accepted the share*. With re-
gard to the alleged variations in the schemes after the ac-
ceptance, it was not cleat that any variations had been made
which were not then fairly within the mope of the under-
taking, and in those inchoate projects it could not be con-
sidered that any trifling variation afterwards proposed
could release those who had engaged in them from their
contracts. Via Honour thinking Uptill's case •pplied to
this, dimesiesed the appeal, and directed the ' masa-
ger's costs to comb out of the estate.

COURT OF QUEEN'S BENCS.—Y►rnaDAT.

.14 SO11.11,1_114+.1:0.

The Court proemied with the new trial paper, but so
Cu.. et public interest was heard.
It is expected that to-morrow (this day) th. Attorney-
General, on behalf of the bar, will rash. an address to Mr.
Jame* Pattison, on his retirement from the beech.

Omar At MN

C•ILPSiti PD • Mqa.

_ -
TOR QORRII T. MILLIRIL—IAIDICTIERNT TOR PRIJORT.
This was an indictment for perjury preferred against •
Mr. Menorah, an attorney and hanker at Oodalming, by •
Mr. Holland, • brewer also of Ocidalming, and the matter
STOW Oat Of bills and answers in Chancery.
William Hlpbs Holland was called, and having stated
that he was the prosecutor in the present case, and a
brewer at Declaiming, proceeded-1 have known defendant
all my life. I borrowed a sum of money of Mesas.
hankers, and in 1843 the defendant advanced me
11=.4
to pay them with. Mims. Sparks held a judg-
ment, sad in January, 1844, defendant lent me 10,0001. to
pay it cilf. 1 signed one deed, in which it appeared that
3,*501. had teen advanced by defendant, 3,0501. by Woods,
suit 5,0001. by defendant and Mr. Leich, r treater of
John Neale, KN., et the interest of 4 per cent. I did not
have a copy of that deed. It was speed that defendant
should act both r m solicitor and my beaker from that
time. Defendant said he did not approve of the judgment,
as it made people talk, and he said he would destroy it, if
I ensued my life for 2,0001. On the 2nd of March, 1848.
defendant sent • clerk to me, and I went with my
sea Frederick to hie cam, where I signed • deed
dated January, 1848. Not • word of that deed was
read ewe to la*, nor was any part of it
explained te me till after I bad signed it- I did not make
say ealmatime of the value of the securities comprised in
the martgap. I di/ not know what I was lent for. I did
not take Me yeetteulare of the securities down in writing.
I did net Inia miss of the pa titular of the deed fat two
hien hikes I onward it. I did not saderstand Ur deed
when I osessird k i werakily net Malbadert was not two
here salinities the deed to me. Ma did net =Ora it at
all. I was den • quarter of aa bear is the ease ; sot
hanger. I rade an entry in • book I had in my pocket
Misr I hisi isrostad the deed. I was going away when
Mr. Mara " I see you are going away not satisled.
Kos brie eesphins. I'S tell you what thedeed contains."
Ile On ilid mM Oat I wet* down in my book. Mellersh
sed Kelp, OK A Dear Inn, °silenced, 8131. 7a. 741. • is
Men K fi4 add.; Martyr, 3141. 7s. 3d.; making ia
all, IdlIK b. 4d. He then took from kis pocket •
ck ready written and filled up, for 331. 16s, Bd.,
whirl_ I nasal to take. Ile said, "You WOK take
it, a k Mani lip ,just even money (1,8601.), sad that
just err the stamp." Johnson, defendant's clerk, wee is
the oar when I west up, but Wedding desired him to
Isar; which he did. lie (Johnson) must know bow keg
1 wee there. Millibars is • clerk in defendant's beak.
Mrs deed was lying adder some blotting paper before the
Woodard when I catered the room. I do not eves sow
know what property is conveyed by that deed. I had no
soapy of it beat to me. I considered the defendant me my
attorny. I Was ether.
Cram ressinsi—i am sow living in Lando.. My bri-
ars wee Entrayed by die defendant. I have bees before
the pawl jury smassi tiros. Thus an three Warmest'
tar padury again dig deltarhen whin bon the answers
is Iftsimeery. There k also an spied Widnes,. use
spiel Frederick Illdneolt; es Widnes% he esimplraey
deolesiess. Predertek MON* I/10mm sad
ribs I urn being the wad jury as the Ousted Cri.
and Oeset a thaw iallemeata, which wen theses
as imileimast he esseriseey, which I profaned lin the
epee /ray fens Middlesex, was thrown oat. Ikea sated as
M my attorneys, Merin. Maltby sad lkohlrea. I
hew ten was a warren to take the defarmiest up ea the
iellinent. I purchased the Boar Ink. at dedlillad,
is JUNIN 1847. It was areemed that I wee to Mgab to de.
hadint be the vaisfay. I drew • cheque a Minket',
beak Win dip& I ansidered I had non thee 1501.
is hie kook bat I and ass en my pprarbook eery often.
I web s eats sides ddredest to de.eee die = he
eastplele the panne et awn ninon I to
meats • navies twins ter the wept !lease. King
mad Cue had bees my seliehers perviesdy. Les wads •
elate ups en is MB hr a Phan of wept I de an
thlak k wee se wash se MAK Kies mad dehaist ar-
med that the Isar% leak need abuses KW. le the
form" as my anesst. theseenel, is Kay, ISO, to
roe ed whet us Mt the baleen, OW lilliaadeat sad
need aneweed,w
debeet ash thst the lasK need py
Ina UK is Ie dell theende. sad I Wised • Sesenen
whin nu an rad le ne. Mr. *ante led a
!pp the Keats Am. Weybeldp, bean nen=
red
nenepp s- --dent permed te pay ed. I
Ihn bet ahmeweide agreed to it. es the de-
was es entisuelb penes I deed the
Emains. is the dehaden. I de ast eneenter
ra, eemeneetha nth bin dent die dui buss.
weeny, ISM Ns ins Incesee tellh ne
dtHi pa
nne idea ti sasisswy he de 84 nee

that I signed whatever he asked me. I did
not know that Johnson was going to Weybridge
to pay Harris's mortgage. I knew he was going to Wey-
hndge with me, but I did not know what for, I went to
defendant's at the 2nd Marsh, shortly after 9 o'clock I. the
morning, and not in the afternoon. I don't remember
having received • note from defendant on the Ist March
asking ass to all on him. This note of the 2nd March is in
my handwriting; it appoints 3 o'clock in the afternoon for
me to see defendant. After reading this letter I should say
the intetview must lave taken same in the afternoon. I
swear that Johnson was in the room when I went in, and
was ordered out two or three minutes afterwards. When
defendant asked as. to execute the deed I wanted to know
what it was for. I did not know the mamaat of the securi-
ties the deed contained. Defendant did not my he ought to
have one-third more than the resney advamed, and I did
not say he had half as moth ants. Defendant did sot tell
me I had grossly over-valued the property. Johnson did
not bring a draft of the deed he me es the 4th of March.
He brought • draft of the deed to me ea the 9th Match.
He did net read it to me, and was not with me more than
five minutes.
He-examined—Defendant promised to send me a draft of
the deed oa the same evening that I executed it.
henry Frederick Holland, son of the last witness, sworn,
stated—l accompanied my father to defendant's house
shortly after 9 o'clock in the morning of the 2nd Match.
Defendant said to my father' " I want you to sign this." A
parchment was on the table, but none of the writing could
be seen. Defendant did not tell my father what the deed
was &boat, or explain it to him, nor read any part of
it to him. I saw my father sign the parchment ; he asked
what the deed was fur, and defendant answered, " all
right." My father said, " You would not sign • deed with.
out its commits being read." Defendant enured my father
it was " all right," and must be signed. My father and I
were there about • quarter of an hour. Johnson was also
there part of the time.
Cromeasmined—The interview took place shortly after
9 o'clock in the morning.
Extracts from the answer in Chancery were then read, in
which defendant swore he was engaged for nearly two
hours in explaining the deed to Holland before he exe-
cuted it.

W. H. Holland, recalled, said —I wrote this letter on the
2nd of March, meaning to go to defendant's at 3 o'clock in
the afternoon, but it struck me I might be late home and I
went to his home immediately. I perfectly recollect that I
went there in the morning.
This doted the ease for the prosecution.
Sir F. nudger then addressed the jury for the defence.
In the course of his speech be reverted strongly to the law
which allowed indictments to be preferred before grand
juries behind the back, of the defendants. Ile alluded to
the •ects of the case, which he said gore him no muse for
uneasiness. 'l'he learned counsel then entered into the
circumstances relating to bills and answers in Chancery
which filled some dozens of skins of parchment. The fol-
lowing witnesses were then called for the defence:
l'hilip Johnson-1 am a clerk of the defendant's, and
have been so since 1844. Mr. Holland discontinued beings
client of the defendant's in October, 1849. I know about
the mortgage deed of 22nd of January, 1848. 1 drew pert
of it on the Ilth of March myself, and delivered it to the
defendant, who brought it to me on the 20th, when it was
engrossed. Defendant told me to have it ready to be exe-
cuted on the 22nd of January. It was ready on that morn-
ing. I went to Weybridge and paid off Harris's mortgage
on the 18th of February, 1848. I had appointed with Mr.
Holland to go with him, but he was ill and did not keep
the appointment. The note from Mr. Holland of the 2nd
of March was a reply to a message. I had been is the office
sine. nine o'clock in the morning on the 2nd of Mareb, and
Mr. Holland had not been there when I left at two o'clock
for dinner, but I found him and his son there when I re-
turned shortly after three o'clock in the private Ake. De-
fendant teemed to be explaining the deed to Holland,
who had a pocketbook in his hand in which
he appeared to be entering the particulars of the property in-
cluded in the mortgage which defendant was giving hint De-
fendant from time to time showed him his memoranda, and
be also showed defendant what belied written. I should lay
they were making calculations. Holland complained of
the amount of property included in the securities, and de-
readmit showing his memorandum, said something about
being entitled to security of one third more in value than
the money advanced. Hollend answered "According to
my calculation, you have more than double." Defendant
then told Holland that his valuation was preposterously
high. This passed before the explanation wee finished.
Holland had a draft of the deed before him. He then ex-
ecuted the deed, and his son and myself witnessed it. I
heard defendant read parts of the deed to Holland, who
was with him, I should say, for two hours. It was getting
dark when he left. No objection wee made to the amount
of consideration mossefor the deed. I deposited the deeds
with the Godalming bank is the next day. Defendant
wrote a letter to Holland, telling him that ha account was
overdrawn, that he bed been with him (defendant) for two
hours on the 24 of March, when he had explained the deed
to him. Holland said to me "Then you have net brought
the deed l" I told hint I bed not, that it was degmeitect at
the bank, but that I had a draft whisk I
I=awesM do
as quite well. He said des% want ski went the
parchment deed." I stared to eztleia tha be hie,
t be said be was megaini.l Waged t• sew en any
other day, and he died del Ith et Uri I west en that
day. Holland took a book bats his pelt, and rid he
thought he had not got the assent at the In-
cluded is the deed cornet sad weasel to sec
and he said that was all he wanted.

Cress-examined—Defendant made mow calculations on
the back of the draft during the latervicw. I am as
positive se I can be that nothing was said shout 0 sus•
pickles."
Alfred Tickner, clerk to defendant, had engrossed the
decd. Holland and his son Frederick came to defendant's
about three o'clock on the 2nd March. an the 4th of
March defendant wrote a letter to Holland saying he had
sent his clerk with the particulars of the deed, which he
would explain to him.
Some documentary evidence having been read,
- -

Lord Wiaterton and gave the defendant the
highest character for integrity.
Crum-examined-1i new that defendant woo indicted in
this court in 1834, and had then spoken in his behalf.
Re-examined—Defendant wee acquitted with triumph,
and his character had not suffered.

Sir James Burling and other gentlemen were about to be
called, when
The jury intimated a desire to bear so mom witnesses as
to character.

Mr. B. James hayloft been heard in reply,
Lord Conspirer' proceeded to suss up, and the jury, with-
out hesitation, returned a verdict of Not
_ _ _ .

Lord Campbell (addreming the jury) then said—Gentle-
men,—l quite concur in your verdict; and I must say that
indictments for perjury in respect to answers in Chancery
have been carried to a most scandalous length. The regular
course to an answer in Charmer, seems to be an indictment
for perjury. Should Mr. Kellenh's character hereafter be
brought in question, and should it be mid that be has been
indicted for perjury. I am sure that you will say that his
character aught not to be in the slightest degree slated by
what has transpired today. (This was received with
hearty applause.)

tusQualx v. MaLLutan.

This was a seeiN;dTaileisaat---faTrps;jary against Lb.
same defendaaL

Mr. S. James declined offering any evidence, and the
jury retuned a verdict of No ratty accordingly.

Till QUINN I. MBLLIIU AND OTHRia.

--------
This was an indictment foe conspiracy, but no evidence
being offered the jury rewarmed& verdict es above.
This cees incited very great interest and lasted through-
, est the whole of the day.

COURT OF EXCHEQUER.—TurzaDAT.
ammo ar nut rates.—Basoaa Ma. Bassoa Karns AND • COICI•126
Joan.
PASCO. IP. HiLSTONI ELICIIOII.
This was as Mien beenglit by James Pascoe against Fre-
derick MIL The dedenstion was fur work and labour
dune, foe may paid. and be nosey duo on an account
stated. Tles Ashnilant gieeded the geserel ire% and the
statute of lirkheins.

Mr. 841111•114 Pm Wiled the we to the jury. and said
that the pleiallfth this action was laws Pascoe, who now
carried ea the balms of a boot-maker at Houneditch ; and
the delbathat woe aa attorney at H in Cornwall,
carrying en busiest in partnership with a Mr. Orylh and
Olymi. The defendant had best wheal I. msay
elastics, in bringing forward • le NW&
mat the liberal interest in the =gh of __Mice, aid
bad beta in the habit of taking amitalls to Moth mom-
base to peallement for that baseolls—analealle whisk se
dealt had been highly besedsiel to tin. Be bad boss
in the habit of undertaking to mans ithethees Ae
• given rata ; a sum no doubt which was meth haw dem
it was nowasary for the canning to expand; but whin
periwigs ea dims went at Bohm, and in oar inasea-
istLii was not non nos the anal utter" of
els charges. In 1641, when • gam& eisetion
took plan, r. Hill reseived to being forward kis man for
Helaine, and as there was seedier man who istosiod
pat eons no ens is sinisatios, Kr. Hill
BM
L=tto he oarlikto insion. Kr. NM one to
sad starsad to Moms ananpaaied by a ges-
dans amid Yips% mini MOB the asnidato he no la
east H,. Veen no wads the Mamas that for this
xesidsostios al 40001. whisk be was to pay the ithomint,
be would be Wanted witheakmmetheo, but lee hung an
in arrival at Ralston • nnuliaW_ tames is the per.
in of a boom of an assist Mann family, • patio-
man of great ability and entheisnee, who had beet
well Wolin parliament, and who was greatly remocted
tbrooghott the county. That gentleman was Ilir R. R.
Vyvyaa, who wen prepared to mite* the beeough with Mr.
Viten. It was men at sass by Mr. Hill that, takes some
very eztraordiusry maestros were resorted to, poor Vigers
steed very little chases if being retorted. The chances
were Illy to ono it tamer of the Cornishman, as Cornish
=iewens la the habit of hanging together even more
re •11111116. (Laughter.) It was • well-known fact
that id any eat Mend against • Cornishman in Cornwall,
the elegiess wean Is sure to return their own county man.
Me. area Kenai here inquired if the statements that
the isamod essleath was then making had anything to do
with the tam.

Mr. Crowder said they had so more to do with the ease
than any other matter which might some into the loaned
serjeaat's heed.
Mr. Serpent Bhee said that the statements had to do with
the emu ; his learned friend had observed that they had
ao NUM to do with it then say other matter which might
loos late kW heed ;" bat be wished to know
_why lie
lamed Need Isearheed. sane be fekt •1 the
Mint Dili he enema say eat hi 'Meat, Mr. HA did

THE EXPRESS, TUESDAY EV

not undertake to return Mr. Vigor@ for Ranee for the
sum of 3,0001. ? The nature of the present action was for
serene' performed In easselion with the election. He was
Mating when he was interrupted that Mr. Vigen went
down hum London by the persuasion of Mr. HHill, and
when he arrived at Helenas he found Sir It. R. Vy Tyne
in the bold, and with Sir lt. It. Vyvyau as an opponent,
Mr. Hall felt there was very little chance of moons for Mr.
Vivre. It was therefore necewryto resort to some en-
traord means net usual in sellectioneering tanks, in
order tonsure the return of Mr. Vipers, and at
the same time to maintain Mr. Hill's interest in Helatone,
and not to have it weakened by the defeat of his candidate.
He accordingly took counsel with his managing clerk, Mr.
John Pascoe, and they hit upon an expedient. It appeared
that them was nobody in Helenas who could be thoroughly
trusted to address that sort of argument to the electors,
likely to affect their minds, and to convince them that Mr.
Vipers was the proper pinion to represent them in parlia-
ment. (Laughter.) It required a peculiar kind of argu-
ment, to point out to the electors the right muse which
they ought to pursue, and there was no person in the bo-
rough of nektons who could be depended upon for that
purpose. Accordingly Pascoe was asked by Mr. Hill
if he knew any man who could safely be trusted, who
had great powers of permission, and who could talk to the
electors at a short distance from the town. (Laughter.)
Mr. Pascoe recommended his own brother, the
plaintiff. The defendant then gave Mr. John present
directions what to do. He told him to write to his bro-
ther, and to tell him to give up all business he might have
in hand, to shave his heed, to put on an old man's wig,
and a pair of spectmler, to amuse altogether the garb of
an old man, and to come down to a place called Trewennick,
within a mile of Heinous. Mr. John Pascoe sent his bro-
ther some money to carry out these instructions, and Mr.
Hill desired him to tell him that he should be amply re-
munerated, a statement which the defendant afterwards
made to the plaintiff. In order that he might he able to
see the electors, it was necessary that he should have a
hone; accordingly he was supped with one. The plain-
tiff went down disguised as an old man, and called himself
James Jackson. He remained there from about the 20th
of J an* until early in the month of July, convincing the
electors, according to the most improved mode, of Mr.
Vigen' eligibility as member for Heiman, de which
services he now sought to neenr the ram of 401. 6s.
The plaintiff gave credit for 161. which he had received on
account, and the claim of 401. whisk he now made in addi-
tion was for his travelling expunge, sad for the time he was
in Cornwall. The plaintll'a Wes bills were paid, but he
received no money for his sentese, the 101. which was rent
him in the Ant instance hang been spent in proeurine his
disguise. Application' MA `ismtly made to the
defendant for the payment of 401. ; and he
never denied his liability ' but always pet off the pay •
meat. In the year 1846 the elleandant awes up to town
about some helium commend with the West Cornwall
Railway, and the plaintiff then lead en Ma eui requested
a settlement of his slim. The dahatdent Yon W. on
account at that tins; and he now pleaded die statute of
liontatkny whisk meant that the claim bed asented too
long ago to enforce its payment. If the defeedest mutt
to say that he was never liable, that was a geed dame,
and let him make it out ; but he (Mr. &dean( ghee) re-
commended him to abandon such a defence as the statute of
limitations, since the payment of 61. on account in 1646 pre-
vented that statute applying to the case. The leaned ser-
jeant concluded his speech ty saying that he sided call
evidence to prove the facts which he bad stated.
Mr. Baron Martin wished to know if it was to
go into all the transactions connected with the ehetlen
Mr. Crowder said he could only say that the aloha was a
trumped ap one, for which there was net the gleam foun-
dation.
_ _

iirTSerjeant Shee raid be could not help the transactions
connected with the election being brought forward.
John Pascoe, the brother of the plaintiff, was then called
and examined by Mr. Hodgson. He said he had been 16
years clerk to the defendant, but was now clerk to Mr.
Lyle. This witness then went on to prove that he had
sent for his brother to Helstone by the direction of the de-
fendant, and the part that his brother had taken in con-
nexion with the election. He was subjected to a severe
crarressminatism, bat nothing was elicited to shake his
terne.Y.he plaintiff Moult was then called, and he stated that
he had gone dews to Ilelatone in 1841, in consequence of a
letter which he had received from his brother. He was at
Trewenniek abase 111 days. He went down disguised uan
old ma. with a wig end spectacles, and passed by the name
of lams Jeans& The defendant bad told him that
although be hod bees unsuccessful in effecting the object
for which he bed heassestdown, he should be amply remu-
nerated. The dehadent's clerk had dinner after the
=at whisk be was present, and the defendant then
hits be the part which he had taken in connection
with the deeds& la the year 180 the defendant paid
Yen. is -street, Westminster, 6L on account of his
god d shortly to par the rest
Jtasber vitae's, named Lidiard, was called, who we-
nebenned the laintiff as to the payment of the 61. on u-
nseat. by the is the year 1846.
Mr. Crowder than the jury fee the dolbodemt_
and deseribed be shoat as a most respectable peollemissal
who hod pessthed fora great masy lean in
eiereaa The debase which he was ,inenteseed to offer
woe, that the egesdisst had mover sees the plaintiff at all
where he was at Moberso that be hod saw eons from
Lanes. bet hem ht. 80 mint off; thee be had
never teen dissimail by Wbetroetion ; that he had never ,
paid 51. em nest le the plaintiff in 1848; that he had
never sees the plaintiff in London; that he had not been
applied to be poynotat of the claim ; and that, in fact, it
was a tramped ep we.
Frederick Hill, the defendert, wee than called and exa-
mined by Mr. Crowder. He said he wee an attorney at
Helatone, in Cornwall, and bad been in the profession for
twenty. four years. He and his partners carried on an
extensive business. He was the town clerk of Heinous, and
had been eatensively engaged in electioneering marten.
la 1841 he came up to town to see if Mr. Bassett, the former
member for Helstone, would stand again for that boronflt.
He declined doing so, and Mr. Vigen then applied to hue,
and he returned to Heinen with Mr. Vigers. John Pascoe
told him that the voters would be tamyyssoodd with, and that
somebody should watch the pablie isese. He said his
brother was at Bt. Columb, and it was mimed that he should
be employed to watch the public-hewn There was no
other object stated at that time for widish the plaintiff was
Ito come to Holston but that of after the public-
bosses. Be gave no authority)the tiff to disguise
himself with a wig and speeteWe, asd as the plaintiff was •
stranger in Holston., it was set . He never di-
rected 104 to be sent to the phighff iu procure a di.-
guise, and he never am the shistiff whilst at
H. lstone, and did amt say to him that although
he had not been successful be sbauld be amply rewarded.
The first time be ever saw the plaintiff wee at the last
mime for Use eounq of Cornwall. liters was se arrange-
ment made to pay the electioneering Ms by paging 10s. in
the pound. The hotel bills were di paid is Dealt. but the
low public-home bills were redwood he mount. John
Neon mid that kis brother washd west semi lalsey for
clothes when he came to Rens% ISM wee pas* off. The
total meant of the ilabiliths bed bees amertened when
the bills were son is M Mhr. Time. JOIE Panes bed 2.54
for hiwaeU for be beak et the deeds& Whirs John
Pascoe told him that be hod shamed LK On his bother's
expenses, be said it was a lose tom be emits hest St.
Columb. John Pascoe the. sell his brother hol fail be buy
some clothe.. He had never nee the evert he whisk the
plaintiff charged 401.6.. until it we. new peoisseL He
never paid the plaintiff 61. es moose who he was he Lou.
don in the year 1848. He was pesillos se to this. Mr. W.
Vigers paid the total meesst of the electioneer-
ing bills. No appiention for payment of the
plaintiff 's account lei ewer been mode to him.
When Jahn Peens Issitted be Mee be orb so skim
of mu kid whet him. When be left his awe, be
pre him galena, to Mr. Lyle.
Cross-eserained by Xr. lierjeent Shoe: The total
amount that he soseived hem Mr. Virus was not as
much as 3,0001. lb. Time pad him and Mr. Orylls 6001.
Inc themselves. Os bh mhos oath he never paid the
plaintiff 51. on seessat et hie hill. He never kaew that
plaintiff had a be.. and Nig whilst at Trewennick to go
about. Holed lean indicted for perjury. His firm paid
no money to get rid of the tin. He was indicted
by a Mr. Cave. The
_iter7 threw out the bill.
Re-examined try . Oneer—ile was indicted for
perjury at the Bodeen lira
Mr. Berjsaat hies boo replied and said that his learned
friend had said Med le Wad .barged Mr. Hill with un-
worthy mmigek busses he hod olleipel that he bad bees
oesessesed is inig the heeler& Them was no muse for
hh Mimi Meal to be failprat et his having Mae that
isehmaties, beams sehrtmeately it wee a welblisewe
bet Hat hem the pew dews to the lowest vein bribery
we. not only but he. It was • webbasown
pal
feet that every booragh theeessery had its
Irise. as* the ewasty of Contra weer=leshellearfSenel
ibr bum& b lag their es& his
Mead. who represeated a Conte berm& was the m em-
bUr far the pure and virgin rough ia that musty.
(ffbu r.)any bir

Hr. Crowder oil time woes sou people who had tried
to get into partings', awl had NM to do so. (Laughter.)
Mr. &lomat liboo amid he wog aware of that fact ; bat,
were it not At the powers of His rich and the fallibility of
*Soon, daddies ho, ere this, would have been in parlia-
ment. If ha did Obis that honour, he should enter per-
ilous" at an uglier period of life than his learned fried
bad done. Ho silo" upon tbe jury to pone before the
convicted upon Wtootimeny of Mr. Hill the plaintiff and
hie two nitrogen of polder
Mr. Bans Mattis tton erennord up, and adverted to the
orstrelistoe, widow is the ISM.
The Jury nand to odder their verdict; and, after an
abscise of as boor, returned with a verdict for the de-
holont.

PREROGATIVE COURT.—YESTEZDAY.
Boom Ds. Lesumnrrtio.
BANN TTTTT AND BANNATTNI AGAINST BANN TTTTT ►ND
OTNIIIB.
This was a eau, of propounding the will, dated August
I.S, 1820, of Jams Henry Banaatyne, deceased. The ar-
guments bad not concluded when t e herald jedgo rose.

BRISTOL DISTRICT COURTOF BANKRUPTCY
awns Ossomements MA. Mummy lhorma.
POW= OF COMMISSION'S* OTIS AMMONIUM AND
SOLICITOIIS.—Rs WILLIAMS AND SONS, SAMILIMA, Now-
IPOST.—Tos NOWFOOT OLD BANK.
The adieussed imam for hat easatiastka was held
postentsy, WINO the madame were both proud la perm,
mad lir. Clark sad Yr. rerell, of the Irma of Ihrery,
Club. sad Co., appeared as *Mk seliallers. Kr. Abbott,

-1 --

FEBRUARY 10, 1852.

of the firm of Abbott and Lucas, again attended to watch
the interests of the bankrupts.

It will be remembered that at the previous meetings, of
the proceedings of which full reports have appeared bum
time to time In the Express, a contention wee seeded
on between the aisignees and the court in reformats the
solicitors appointed. The learned conindiriense having
ascertained that nsemben of the two legal firms appointed
were connected by relationship with the bankrupts' wives,
he intimated to the assignees his opinion that such con-
nexion was, in his judgment, incompatible with the firm
exercise of the duties of a solicitor in bankruptcy, who had
not only to investigate the accounts of the bankrupt, but, it
might be, to offer matter to the court in opposition to the
greeting of his certificate; and his Hunour further ex-1
pressed his opinion that such solicitors ought to be removed,
and new ones appointed. The assignees on the other hand,
contended that the court had no jurisdiction in the matter ;
and, as they and the creditors were satisfied with the ap-
pointments as made, the, stated that they should respect-
fully refuse to obey any order for the removal of the soli-
citors which might be made on them.
The learned Commissioner, upon taking his seat, said—l
will now proceed to deliver my judgment on the question
which hes been raised before me as to the solicitors. The
appointment of solicitors made by the assignees in this ease
being in my opinion, objectionable, for reasons al-
reedy stated, and which it is unnecessary to re-
peat, I think it is also clear that it falls within
my province as the commissioner before whom the petition
is proceeding to take the objection. I apprehend this to be
incidental to the general power end duty unquestionably
residing in this court to superintend the whole course of
proceedings in every hankroptcy placed upon its file, and
to see that the.. proceedings are conducted (so far as the
court has the opportunity of becoming officially acquainted
w.th what ts dune) in the manner best adapted to promote
the objects of the bankrupt law. Upon the present specific
question, namely, whether the court has power to interfere
with the choice made by the assignees of their solicitors,
the only argument against its possessing the power that
occurs to my mind as carrying with it sufficient colour to
require notice, is that the right which the court does un-
questionably possess of rejecting an assignee whom
it may deem unfit to be appointed, is given by
the elves provision of the Bankruptcy Consolidation
Act of 1849, section 139; and it may be said, perhaps, that
the express insertion of such a power leads to the inference
that it would not otherwise have existed, and therefore to
the inference that the power now in question does not
exist. Neither of these inferences seems to me, however, to'
be legitimate. The 139th section, containing ae it does an
express enactment that the appointment of assignees may
be made by the major part in value of the creditors, it be- ,
came necessary to add the express proviso, in order to ob-
viate the implication that might otherwise have seemed to
arise, that this choice was, even in the case of an
unfit person, to be absolute and conclusive. But
even wittiest the proviso, I conceive that this court
must have rimmed as incident to the general jurisdiction
with which this act so largely clothes it, and to an extent—
so much greater than any preceding act—the power to re-
ject or remove an unfit assignee. And even supposing the
contrary, yet the case of the solicitor is very different from
that of the assignee. The assignee being once appointed,
his nomination of a solicitor unfit (fur whatever reason) to
be employed, is a breach of his duty as trustee for the cre-
ditors, and on that ground, independently of any other, the
interference of the court in such a case seems to be clearly
authorised. Besides, which, it is to be considered that the
court has a more direct and peculiar interest in the lilies*
of the solicitor appointed, because that solicitor, when ap-
pointed, becomes u it were the ministerand assistant of the
court itself; for it is laid down on the high authority
of Lord Eldon (8 Vesey, 1), at a time when bankruptcies
were under the immediate cognisance of the Court of Chan-
cery, that the solicitor was to be deemed "a minister of the
court," and if so it seems to follow on the same principle
that he is now a minister of the court in which the petition
is prosecuted. It may be added to these remarks that, it' I
am right in holding the appointment of the assignees in the
present case to be of a nature tending to compromise the
interests of the creditors and the claims of public justice,
and if it be indeed true (as contended for) that the court
has no power of interference, then it follows that the credi-
tors and the public remain in this respect without protec-
tion, for I am aware of no other quarter in which
an original jurisdiction on the subject can be supposed
to reside. There would, therefore, be a great defect in the
law, and although we know that such defects are occasion.
ally discovered, I need scarcely say that they are never to be
presumed and that in any case of doubt it is to be taken
as more probable that the law has intended its existing in.
etitutions to comprise some remedy for a given abuse, than
that It has left that abuse altogether unprovided for. Undcr
these circumstances, I should have thought it right to make
a formal order on the assignees directing them to change
their solicitors; but as they declared to the court at the last
sitting that, in the event of such an order being made, it
was their intention not to obey the same, it would seem
futile to take that course; and I therefore now proceed
to order, and do hereby order, that the assig-
nees he removed from their office on the ground of
their persisting in the choice of solicitors, that they have
made, and refusing to obey any order that the court should
make for changing their solicitors, and that a meeting be
held for choice of a new assignee or assignee.. 1 propose:to
fix the meeting fur choice a fortnight hence—in order to
give any party who miy be so advised an opportunity of
bringing the case hefuro the appellate jurisdiction, for I
should be sorry to shut them out from that opportunity, or,
indeed, not to facilitate it. I trust that in the meantime
the estate will suffer nothing, because I may observe that
during the interregnum that will prevail, it will be looked
after by the official assignee. It is true that he is restricted
from making sales, and that the sale of the estates has
been advertised, but, if we take the choice at a fortnight,
there will still be eight days before the time of sale fur the
assignees to look into the matter.
Mr. Stone, barrister, said he appeared for the assignees,
and perhaps his Honour would allow him to suggest that a
fortnight was too short a period, because in all probability
the assignees would like to be further advised before they
determined upon appealing against his Honour's judgment.
His Honour said he was not sure that he ought to listen
to the assignees, wbo were about to be displaced, but still
he should be willing to extend the time if it could be done
without damage to the estate.
Mr. Abbott expressed a hope that his Honour would pass
the bankrupts, es there was no reason why they should
suffer.

His Honour said he we aware of the strength of Mr.
Abhott's case, that the bankrupts should not suffer from the
assignees' misapprehension of their duty, but be was afraid
he must say no to the application. It often happened un-
fortunately an life that we were inconvenienced on account
of other parties. The bankrupts' protection would be con-
tinued and their allowance.

A conversation ensued as to the time of adjournment, and
it was at length determined that the meeting for new choice
of assignees should be held on the 23rd instant, and the
time for the sale be enlarged till the 16th March.