The Express.
London, England, 1852-03-05 00:00:00

IRELAND.

DIIPLIX, MARCH 4.
The note of alarm has been sounded b 7 the con-
servatives to prepare for a general electron, Lord
Derby, it is announced, being resolved to dissolve
parliament, rather than encounter the motion of Mr.
Villiers, certain awkward questions which Mr. Roe-
buck intends to propose, and other breakers wbick
he sees a-head. Should the general election be
forced on the country just now, the Irish constitu-
encies will, I fear, be found in a sad state of con-
fusion.

The Kildare election has been fixed for Saturday
week, the 13th inst., the nomination to take place
that day, and the polling on the following Monday.
Lord Naas is carrying on an active canvass, but if
his opponents bestir themselves with even ordinary
diligence, he has not the slightest chance of suc-
cess. The opposition to Mr. Whiteside in Enniskil-
len is progressing; but in this case Lord Derby will
not lose a vote should his Solicitor-General be even
beaten, as Mr. Collum is also a stanch conservative.
The election for Trinity College takes place on Tile--
day next ; the name of the opposing candidate has
not yet been mentioned. Cork election will cone,
off on next Monday week, the Itith inst. The can-
didates are Mr. Wm. Fagan, Mr. Wm. Drew, of
Queenstown; Mr. Alexander M'Carthy and Mr.
Vincent Scully, both barristers. Daniel Claocey,
of Charleville, is also reported.
A correspondent of the IPflust News Letter men-
tions a rumour, said to be founded on good autho-
rity, to the effect that Mr. Ilardinge, the member for
Downpatrick, has obtained an appointment under
government, and that Percival Maxwell, Esq., will
offer himself a candidate in his stead.

Eat» iintelimence.

HOUSE OF LORDS.-YESTERDAY.

After the swearing-in of the new Chancellor, the houm
proceeded to hear appeals, the following noble lords con-
stituting the house for this purpose:—The Lord Chancel, r,
Lord Says and Sele, Lord Brougham, and Lord Truro.
HUTCHINSON V. GORDON. AOReen,NT. —"MAIM
THE STAMP AcT.—Paoo► OF TENANTRY MT LAW OP
SCOTLAND.

This was an appeal by Mr. John Hutchinson, residing at
Claremont-park, near Leith. the pursuer in an action
against Mrs. Ferrier, or Gordon, and Mr. Itiehard Gordon,
accountant, in Edinburgh, her husband, as representing
the deceased Charles Ferrier, accountant. in Edinburgh,
from a decision by the first division of the Court of Session
in Scotland. The action was raised by the appellant
against the late Charles Ferrier, for the purpose inter alia
of recovering damages from him on account of his having
wrongfully taken possession of and excluded the appellant
from a certain gateway and small piece of ground, which
were alleged to form part of a larger portion of
ground in which the appellant had • right of te.
'limey under the magistrates and town council of
Edinburgh. The pursuer took an issue, and, at the trial on
the 26th of December, 1850, he tendered certain writings in
proof of his alleged right of tenancy. The documents con-
sisted of mutual missives passing each year between the ap-
pellant and the City Chamberlain. The first wan dated in
February, 1837, and related to the tenancy of the year sub-
sequent to Whitsunday 1837. It was addressed to tho
appellant, and was es follows: " I hereby accept your offer
to remain the City of Edinburgh's tenant in the property
at Morton-street, and at the present rent for the year front
Whitsunday next." The amount was not specified in
the miming, except by reference to the rent paid for tho
year current at its date, the amount of which the appellant
proved to be 16'. These were objected to as unstansped ;
and it was ruled by the Lord Justice Genered, the presiding
judge, that the writings could not be received for want of
stamps, and that the tenancy could not be proved without
them. A bill of exceptions against this ruling was, on the
6th of Much, 1851, disallowed by the first division of the
Court of Session, and against this judgment the present
appeal was taken. Two points were raised in the court
below. First, whether these were documents which re-
quired to be stamped; and second, whether it was incom-
petent to prove the matter of tenancy in any other way than
by them. On the first point it was held that this was a
contract of lease, and that it would be a violation of the
Stamp Act to admit them ; and, on the hand, a doubt was
expressed whether verbal evidence could be resorted to
when written evidence was shown.

Mr. Roundell Palmer and Mr. Forsyth, in support of
the appeal, submitted that the appellant's claim against the
defenders related solely to his post possession ; that there
was no question of competing right ' • and that the Dunn( r
ought to have been allowed to proceed with his proof with-
out being compelled to produce the letters; !hat
the letters were not leases in the sense of the Stamp Act
(6.5 George 111., cap. 184), in operation at the time of the
letters. The letters had not the legal requisites of a written
lease; they did not specify the rent, and were, therefore,
not leases in the sense of the Scotch law. Beside., in the
Stamp Act, the duty on leases was made to correspond with
the amount of the rent ' • and as in stamping an instrument
the policy of the stamp law is that it shall be subject to an
ad valorem duty only by reference to its content., without
regard to extrinsic matters, it would be imposeible to any
what ad valorem duty these letters which did not specify
rent were subject to as leases. Even admitting that the
letters were leases, and did require a stamp, and could not be
admitted in evidence without a stamp, the appellant
was entitled to prove his case by other evidence having no
reference to those letter.. He considered that if he had
been allowed by the learned judge to joie at the trial, ho
should have proved his tenancy without any reference to
the letters, by the rental book of the city and by the re-
ceipts for rent.
Mr. Serjeant Byles and Mr Anderson, contra, contended
that the documents were properly rejected as being un-
stamped. The use proposed to be made of the document
in this case was not such as to entitle the appellant to have it
received without a stamp, if in its own nature it required one.
And the existence of the leave being proved by the appel-
lant's own witness, and the lease having been tendered in
evidence by him, they became a necessary part of his case,
and he could not otherwise prove his right of tenancy.
The argument was not concluded when the house ad-
journed.

EQUITY COURTS.—YESTERDAY.
NIMANLN WienCamicsuria KINDISAL.T.
IN aft STIMIN/I.—PRO PPPPP LIFT TO A CONVICT.
The question in this cue was, whether the personal
renresentatives of a person who had been transported tor
thi term of 14 years were entitled to a sum of money which
was left to him upon the death of an annuitant. The an-
nuitant died after the term of 14 years had expired; and
the Vice-Chancellor held, upon the authority of a ease of
Roberts T. Walker " (1 Russell and lupine), that the
representatives were entitled to the fund.
Mr. Renshaw appeared upon the petition.

INSOLVENT DEBTORS' COURT.—YESTERDAY.
Boom ram Cnno CONIKII.IOIIII.
Itr rat MATTIS OP WILLIAM BUSBY.
In this case =important point mese. The insolvent was
discharged under the act in 1821, and in 1832, a dividend of
6.d. in the pound was paid. Since which time there had
been • proceeding at the Court of Session in Scotland, and
some of the creditors under the insolvency had pnived their
claims in Scotland, and been paid about 9v. in the pound.
Other creditors had wit availed themselves of the suit iu
Ccotland, and as there was a further dividend to be de-
clared in this court, the question was whether the creditors
who had obtained the dividend in Scotland could partici-
pate in the dividend about to be declared until the other
creditors had obtained as much as they bad been paid.
It wan urged on the part of the assignee and other credi-
tors that it wu through the negligence of the other credi-
tors that they had not been benefited as the others had been
by the property in Scotland. It was stated in answer that
it was through the lathes of the creditor' that the parties
who bad received the dividend in Scotland had been pail
so much. _ _

---fbeehiefCorainivaioner was impressed with an opinion
that the creditor. who had been benefited he the pr perty
in Scotland, should not participate in the dividend about to
be made. His Honour said he would consider his judgment
on the point raised.

Cereal Ma. Cronnvinowni
IN RI WILLtAIt °ILI/I.—EXTRAORDINARY CAFE.
This insolvent, who had been a baker at Cheltenham, was
cpposied by Mr. Cooke for a creditor named Wall, and sup-
paella by Yr. Duncan.
no question in this case, which presented some extra-
ordinary circumstances, was whether the insolvent had been
collusively or friendly arrested. The insolvent was arrested
is London by a person named Pullinger for 251. alleged to
bays been advanced. On this debt he petitioned the court,
Maft was required to produce Pullinger, which he did not
Mg bet 'Tenon named Haynes was stated to have paid :he
sissay. The insolvent went out of pri.on, and in a few
Oars afterwards wits arrested by Ileynes for the 2.51. he
had paid to Pullinger, on the ground that he was
about to emigrate. On this debt alleged to be due, he again
petitioned the court. The question was, whether the
Matter had not eeen concocted to impose on the court. The
'several parties were examined. To add to the singularsly
of the case, it appeared that the insolvent's first attorielM
the court was now the attorney for Haynes in the arrent,
and the attorney on the other side now appeared fir the in-
solvent. It was contended that the petition ought to be
dismissed. The case occupied the court till past five
o'clock.
Mr.

Phillips pore his opinion at some
length. It wee avowedly a friendly arrest, and tin re was
no property tor the creditors. lie should therefore order
the petition to he dismissed.
The petition eras accordingly dismissi d.