The Express.
London, England, 1852-12-24 00:00:00

RAW Intelligence.

EQUITY COURTS.—YumpAy.
SOPPY TSB UMW JOITICS• AMA,-
TN, OXPORD, WOICIETIN, AND WOLVERHAMPTON
RAILWAT COMPANY V THR SOLTH, STAFFORD/HIRE
C
The plaintiffs in this MO had, under the powers of their
not, prod is 1845, purebred of the then proprietor a mr.
min pieta of land near Dudley, In Worcestenhire. The de-
fendants afterwards, is 1846, obtained their act, and were
empowered thereby, foe the purpose of making • junction
with the plaintiffs' line, also to purer the same piece of
land. Aormlingly they, aftergiving [mike to the plaintiffs to
treat, had the lead valued and paid the amount of the valu-
ation isle lbe beak. Having also given the usual bond re-
cyanid the Leeds Classes Consolidation Act, see. 85, they
o &tared parneliseetke land by mean. of a sherirs warrant.
The plakedi *ea fNed their bill to restrain the defendant.
from keeping poseedea et the piece of land in question, and
from =arca juries with the plaintiffs line at the point
proposed. Tbe defendants on the other hand filed their
bill claiming a right, under the powers of their act, to
effect a junction with the plaintiffs, and asking an injunc-
tion te restrain the plaintiffs from obstructing them in the
erects° of that right. The plaintiffs contended that the
defendants' right to make a junction was subject to a right
of selectinf the paint of junction on the plaintiffs. Motions
is both suits were made for injunctions before Viee-Chan•
yeller Kinderoley on the 6th instant, when his ;11,nour
granted an injunction restraining the defendants from re-
taining possession of the land, but without prejudice to the
question upon the right to select thepoint of junction. The
present motions were for the purpose of having the Vim-
Chancellor's order discharged or varied.
Their Lordships directed that, upon the plaintiffs under-
taking to abide by any order the court might hereafter
think fit to make as to possession of the piece of land in
question and demagog, it should be declared that the Vice-
Chancellor's order as to the land, and their lordships'
order, should be without prejudice to any
_question ; and
the parties or either of them were to ho at laiffty to pre•
erg at law, as they might be advised. A. OS lbe della&
ants' motion to restrain obstruction, ea the pert of tee
plaintiffs,the order made was that upon the Oxford,Wolver-
hampton, and Worcester Railway Company undertaking
to abide by the order of the court as to damages, the ano•
tian shou:d stan.l over, either party being at liberty to
proceed at law as they might be advised.

BS. 'OM ram Shoran or raa NOW.
UICILIMIWION S. W•RD.

This was a winos to vary • marriage settlement, whisk
had bees made under the following circumstances:—Rim.
Lake, the petitioner, the wife of Captain Lake, was entitled
ender her father's will, as specific and residuary legatee, to
dividends of stock amounting to abouti3,oool.• year. There
was a suit for the administration of the testator's estate,
and while Mrs. Lake WM yet a minor Captain Lake made
her an oiler of marriage, and made propossls as to the mode
by which his intended wife's property should be settled.
These proposals were approved by the Muter and sanc-
tioned by the court. One of them visa that, on the request
in writing of the petitioner, Mn. Lake, made from time to
time, the trustees of the settlement should retain one•tbird
part of the annual income to which the petitioner wu esti•
tied, and invest that else-third part, which wu to accumu-
late during the joist lives of the husband and wife ; in case
the husband survived, then the interest to be paid to him for
life and the capital es be subject to the appoiatmeat of
the wife. The deed of settlement, however, eontained a
ildreftat provision, namely, that on Mrs. Lake's at-
taining tweaty•one as application should be made to
the mart, in which all parties should join, that the
trustees should set apart one-third of the income until
Mrs. Lake attained the Or of thirty-aiz, Was binding up
the dividends without her lowest. The petition was
, that the court should vary the settlement so as to reader it
oustennable to the original proposals. Mrs. Lake attained
her majority in October last.
His Honour said he had a great dislike to altar a sr tle-
mat, hat it appeared to him there was a mistake in draw-
ing up this settlimpaost. and he would direct it to be varied
la the terms the words being endorsed on the
deed. Thee set would be that if Mrs. Lake did not
make any application to the trances to invest one-third of
the dividends, the whole amount would be paid to her.
Mr. Ronpell appeared in support of the petition ; Mr.
R. Palmer, Mr. Friar, and Mr. Beaver for the other par-
ties concerned.

Sot Glows Ttawn.

The court wu ooenpiul the greater part of the day in
disposing of a special cue upon the construction of a will
of no general interest, and the rest of the baldness wu tut-
isapertant. -

Boma VicaZiwpasion Irma.
Bunn( o. ViILNON.

Kr. Metcalfe appeared is tarpon slain for the fore-
Thu si seeetpeed poverty.
drindebt is prim asil baled that he
b•d ow Yob is s psiiw of the popsy whisk ha old bad
hiss Ineteded Is the mosep b tsiuS u.
The Vise•Clesseeilet woe grebes** that these skim
for fervelseuro might Itad seeseleselly downer Pow
seams. Usdsrisspam ad passim by bill the pr.
Mb were dietisody est out, bet Imo sallifse is *Mod Is
idestify the realm with milkiest safeassoy. Ihooshe
It better is this ere to direst es asseess Os be bibs el
what wee dee sad swing, sad a sale of the sot
that the purchase messy be paid into eesa i Ni,lion
U say, to he secured he the tomcat of the delladast
Cowes:xi s. Partualx, _

This ease, whirl; waimtlortiei;gl7-day, hal set ter-
mauled what the mart rose. It was armee* ohm the
argues* should be resumed oa the mesa day of seat
enni.
The mart rose fee the Christmas meaties.

awn
Piezorcs v. Bo

r.-013AZDIAX AD

La oppllottio• woo soi-eie-eterday br Ws "nut for the
opploamowt of midi= ad litew to dobeigewt, wbe
woo proved * offit to b• a besot* bat bat act been
Mod atomic by taqpiallow.
!be Yletratoosillor iboubsei wketbor bad power to
.

make the order. ea the that it wee a NNW la
imam eel dieeked ea to kei Tale helm.
TM skim wee km =Ms Were their isokiip. kb*
said this woe altogether e matter to eitemery, rad aot k
loamy.
The
_opplieetha vas, therefore, again made to this mart,
Not Mikes wen makeed briagiag the period of limey
am reeeat Mee.
Kir. W. K. ?men sad Kr. Bristow appeared ape* the

Tbe Vionebonsiller maid, after the opinion ezyweemed by
tbe lomala Jitaisia, be bad se Warm soy limitation la
midis the wish

COURT OF EXCHEQUER.--Tzirnaper.
fkrnms AT Num rares As OvisauaLa. Boon ems lass CIIIW
Sawn um Snow. hnaus.

SIMMONS V. LILLSYSTONM.
Tlale wee aa wales to wy a right id way down to the
water's .dp at a ythes la the pada of Witco, wear
Ormond. It essapWpart at Wedowiday mad the whole
01 Joky, bat was oaW.Jy devoid of poblie Wend.
This ease eesidadisi the bedsits et w tithe^ dm*
Wag no lees *ea eight et the special Jurist wbMk bad
bees appointed left as thowideb.

COURT OF BANICRUPTCY.—YasnanAy.
lama /la. Caansuesona Ivan.
Is As Wass.

This was the certiAZteiss;tlag • is the tea of Charles
Weatwerth Wan, pasture daaler, of New Bead-street.
if,. accounts, which extended over 21 yuan prier as the
failure ia Kay last, esmaseseed with a 4.806'1 of 3,7101. •
he sow owed to anseeand creditor; 11,243 L ; thasi
leldiag security, 2,4341. ; sad to the *muse under his
marriage settlement, 3,0001. The most; la geed debts
sad roperty, were 6,7381. ; property held by greaten,
3,1 . ; bases, 1,782 L ; de. a•• Jose of Are " mgraviog,
NOL ; Ims oe realisation ander the haeltreptey, 1,8861.
amount of marriage settlemsat, 3,3601. ; lamas and pausal
ez
1,0421. El.estawreace supported the baskrupt ; Mr. Fry (in-
structed by Mr. Haynes) opposed, abehalf of Mr. Gala-
hart, a creditor ; Mr. Liaklater opposed bar Mr D
sad ether aviators. Mr. lirglsra, fie the satipees, stared
aemosidea.
the Sakai* yes that he
had restellilealse111112:028.11:111. es aurabses mf his fatally,
at a tine Idea be did set risen Set sweat et capital;
bat it Nonni thee this amoeba bed buss serried on ap-
peal Se huh Imam whu bed SSW that tU
settlemeat seas a bees !de as ; sad Ms BOOM held that
hem mold set sista ester She that lesstlea. It was also
od Set the b=lotO bed seek a baraddeat pretenses
tabs oredbees, by Amiss Om Se lebe fa pert
Cret Sib lambi 4a his at a tine id= le met
...thaw!. be vas lessiNaL _

fiteliiiii•it.-h7aTia-e•—trie, stated thet 1a liNot the
that the eettinseat wr vorAo, he bed • alter ispilel et
8,70 W. Ia 1861 he had a Try bad sense owl ids =des
, the esetteko
_bade. sesseees Is tweed did to aid Me
pemewls• Wissiby be lasesed • ssetildebie lea Thee
bed Wes • prat we Me adiewte bedewtes; bet
the kw es Mew toned sei bed same essmilia
de peeled psalm Me was dm dial as to the it
undress mid wlddi be mid witli Ow *tam, width
wed said to isestitde a lbeedelsd pritheesse.
His Hewed said am aldettle• bed bun takes that the
bobs wire set MUM bet he bed bodied et the
e weliesse, eed was did that the heels we told
midget to dude ar esserstist to woke set weenie as
deed Is redbirds/ ; mod Mel bed se dolt Se wiped
deo • sire sea Weis as wire melee lad
rsisseirla ass et • diesbewi. He det still eialbeeh. that Ore we is oddness is this an to moped
dibeeidtat wahriese. Had Ms. Wee mopped
iszoVestis be howl billed( Wised to make lie odd
MM hail bed Mind to, be wash bass den sae*
owe *Doty; bat, valeskily, tow deism had that esesepe.
lied be dew that, herded of beds _ liedwort, is ell
aid MWI/ be wed/ bed had any eseiblerabk surplea.
all tbe iheadstadis it die dOle, the Ned
tbst—rrlit 7
dam ta entitled mas issediate mealiest* M
mesa

IN RZYUSAL or CIZTIFICATIL
Ths beaknat was a assvehant le llszk•lane. This wag
the cornball meeting. The debts and liabilities wets
,13,6005. ; swots equivalent to a dividend of la. bd. in the
pound. Tbs mite of wars far outweighed by the
bass and masa
Um
suillowil he Oa asolgsois. baskrapt
bad boss is Um mon wise bambini hem 1846 to 1849, sal
ird sr& a sewn rift H. tbos veld his Moil booboo
IS L. caner, sag NNW as I 'dolls* ast-

chant. He was now involved to an essormous extent. His
debts and liabilities were 13,000!, and the assets would
yield a dividend of is 3d. is the ad. Of a gross profit
of 1,9001.,1,7001. had been • before Aug., 1819, leaving
only 2001. for the subsequent profits. The looses, on the other
hand, were 9,4631.-4,1401. in wines, aed 1,271!. on spirits.
There were other losses °timelier amount, including lime.
on transactions is railway shares. In the sixteen months
before his failure, kin dealings had bees most extraordinary.
He had then stock which had wit 3,8601. ; but he bad
pledged neatly all the wirrants to Mr. Norris. His worse
had been to make large purchases of the moot respectable
wholesale houses, and immediately to pledge the warrants
for ready money to Mr. Winn, Mr. Norris, and other
brokers. Goods purchased for 6101. from Mr. Carter, in
February, had been sold by public sale at a lass of 2631.,
the bankrupt having obtained an advance in the first
instance, and being unable to redeem the wines. A similar
transaction was a purchase from Mr. Carter of 6231, on
which he incurred a loss of 2411. There were many other
tnnsactions of tbe like nature; in fact, the bankrupt ad•
ranted that he never kept the warrants a week by him.
Se recently as January last, he had made purchases sad
losses of upwards of 60 per cent.; one parcel, bought
for 160!., bad been sold at • loss of 1201.
In May last, within a week of his failure, he had purchased
wines from i Carter to the amount of 6861. ; these found
their way to the pawnbroker nest day, and were ultimately
sold at • loss of 310 i. The losses in all had amounted to
upwards of 8,0001. The only case at all similar to this was
that of Hulthosse, in the court of Mr. Commissioner Fane,
who refused thecertificate altogether, • decision which was
upheld by the Lords Justices ; and Lord Cranworth said
that the systematic practice of buying on credit and selling
at • loss approached as nearly. as possible to obtaining goods
on lake pretences. The assignees felt bound to ask the
court to pus its severest censure on this cue. Mr. Norris,
in his examination, bad admitted making advances to
Manico fur some time before hie bankruptcy, and under
circumstances which most have led to the conclusion that
the bankrupt was in difficultin. From the large amount of
the purchases made by the bankrapt from Mr. Carter, that
gentleman had himself become a bankrupt. Under thew
circumstances the assignees submitted that the certificate
ought to be refused.
Mr. Lawrence, for the bankrupt, said he could sot deny
the fact of the trickles. trading. The bill of Ihilietment was
tarnished by the bankrupt's own balance-sheet. Bat it
19:111.Trising that • man in his position, who held
ant as • person of property, should have been
ermead by the wholesale houses to such an extent. This
sees mallasfay from that of lioltboue, who was a
=broker, Ind held himself out to the mereheat as
bargains for others. It was the practise of the wine
beds to camp on their dealings by warrants, which were,
by seatuse, transferrable the same as any other security.
Cum hod bun saluted against the bankrupt in which a
MIS bed Mu isseurr ; but there were transactions on
which the,, bad keen a profit. It was not charged against
the haulwege, who was a young man, that he had =imp-
winkled sag of the Mimosa be bed received. Property
to the antlemst of skew Md, wry unwisely, been en.
trusted is hiss ; bat be bed net shrank from accounting
for the whole. He had applied the advances is paying
former creditors, as fsg es they would go • and it was ex-
traordinary that his ileallmip &Muhl set earlier have excited
suspicion. No desks be bed .11•1111• In the hope of work-
lag himself reread. Is abet Main as well as the wine
trade peculiar Gadoliniums. daslideo VITO given for pledg.
ire goods. Then wm m Mow of heed against the bank-
rupt, end the of tbo me maid be met by a reason-
able snipes/dm
The Cemesimisser—This ease is certainly the very worst
that I bars OM bed before ma The idea of a man going
on for • series at ram begbag goods, pledging them, and
thee letting them be said Is, calf their value, is certainly '
one of the worst proceedings I ever knew. People must
give credit; I have nothing to do with that. I agree with
Mr. Lawraace that it is very difficult to understand why
the bankrupt has taken this course. He is either one of
the most fraudulent men that ever lived, or he Is mad—l
have my suspicions which. These facts having been proved
completely before me, 1 must refuse the certificate
altogether.