The Express.
London, England, 1862-11-14 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 14, 1862.

Texas to the port of Mulatto, Cuba, carried, In addition to
her cargo of cotton, quite a number of Texan slaves, with
their owners, who promptly sold them to Cohan planters ;
end also that several "Secesh" Candies arriving from New
Orleans and its vicinity are bringing with them numbers of
slaves. It will be remembered that the steamer Blanche
ran her cargo to Cuba under the British flag, not previously
knows for many yean to have covered a cargo of slaves for
the Cuban markets. A Spauiah nun-of-war. the Blasco de
Garay, is said to have landed more or leas of the slaves
entering the island from the vicinity of New Orleans.
Californian advice, are to the 28th ult. from San
Francisco. The markets generally were quiet.
The Board of Su re had adopted a resolution
requiring San Francisco city and county bonds,
both in that city and New York, to be paid in gold
coin.

The legislature of Oregon had adjourned. The
principal measures of the session were the adoption
of a civil code and general corporation laws, a
usury law, making legal interest 10 per cent., and
allowing ;pecial contracts 12 per cent. ; a limited
partnership law, and a military law.

Lab) intellignue.

EQUITY COURTS.—Nov. 13.
(Bolol‘ Vies-Chancellor Stout)
!MAMMON F. COMMIB9ION6IIB OF INTIRNATIONAL

This was a motion for an injunction on behalf of Mr.
Clement Swanton to restrain the Commissioners of the
Internatioeal Exhibition from directing the machines or
other articles in the Western Annex, or any other part of
the Exhibition, to be removed by any door or opening into
or approached by park lane (near the Annex), or in ei
other way to cause damage to the plaintiff, whose house is
in that lane.

Mr. Moline and Mr. Stabbing supported the motion ; Mr.
Bacon and Mr. J. W. Chitty, for the ournmissioners, agreed
taxies an and till next motion day,to which deythe
motion was

COURT OF COMMON PLEAS.—Nov, 13.
Sittings in Banco.—(Bafore Lord Chief Justioe Erie, and
Justices Williams, Bylaw, and Keating.)

1321111DT V. BROM AND WIFE—TUB SWINFEN CASE
Mr. Field followed on the same side, contending that to
support an account stated in this case it was absolutely
neueesary to show that there was between the parties an
accounting for moneys then due for services rendered, and
• promise to pay. The relation between counsel
and client rendered it impossible to do this, and
therefore the count fell to the ground. Mr. Kennedy had
contended that the statement by Sir John Davis, that •
counsel's fee was • mere honorarium, was not correct, but
the statement was strongly supported by • passage in
Itanier's "Abridgment," which referred to what took place
in 12th Anne. It was said, "One Mr. Deane. a ban:stiff at
law, baviog made a bill as • solicitor, a motion was made
to tax it, which was granted, but the court said tbet if he
insisted upon having • bill, they would hereafter treat him
as • solicitor ; and Mr. Justice (Powys, said that so it was
ruled in Chancery, and that if gentlemen would not
take fees after the usual manner, they ought not
to mover them at law." Mr. Kennedy bad re-
ferred to no case at all. either in ancient or
modern times, in which • barrister was held able to
sue for his fees in court. According to the present practice
if a barrister were in • court in which be usually practised,
and • prisoner attbe bar handed hima brief with the lowest
usual fee upon it, he was bound by professional duty to take
it, and could not say, " My good man, I see by the depoid-
Cons lying beside the learned judge that your case is • bog
one, and will probably last two or three days ; I cannot,
therefore, afford to take your brief." Again, although
• barrister would wish to have the support of the great
landowners in the counties through which he travelled, yet
it was his duty to uphold against them the rights of the
...rest peasant wboee cottage upon the lord's waste had
n torn down. It was a most important thing that in
this country any suitor could employ the best
talent that the bar possessed to advocate his
cause ; but if the system which had so
long existed were altered, then a barrister would be en-
titled to make bargains, to haggle for the beet fee be could
get, and not to take briefs except in cases in which it would
be for his interest to do so. Such consequences would be, to
his mind, most disastrous, and he implored their lordships
not to break down the existing system, unless they felt
compelled by strong authorit. to do so. The learned
counsel having quoted • number of eases in support of his
view of the law proceeded to deny, ss • matter of fact. that
according to the evidence there was any contract at all, or
that indeed the jury had found that there was any, for the
direction to them amounted simply to this, that they
should say which party they believed, the plaintiff or the
defendant, and it could not be inferred from theill verdict
that they had considered and determined all those circum-
stances which were necessary to constitute • contract. For
the reasons which he bad stated he submitted that this
verdict could not be followed by • judgment of the court.
The Lord Chief Justice said that they would take time to
consider the matter.

Another witness, who had been servant in the bowie, was
also examined in support of the busbsuad's plea.
Dr. tdpinks contended that the evidence was unworthy of
credit.

Sir C. Creswell said he bad an opinion open the taus ;
bat he would not give his judgment upon it till to-morrow.

001JRT OF BANKRUPTOY.—Nov. 13.
(Before Mr. Gonminsioner Holroyd.)
irt HZ CHABLLr THOMAS TATTON.

The bankrupt, Charles Thomas Tattoo, was a member of
the latellrm of Sowerby, Tattoo, and Co., of Regeot-circus,
silk mercers, whose failure occurred about twelve months
ago. On debts and liabilities of upwards of 43,00 W. a divi-
deed of 2s. 2d. in the und had been paid. This was the
sitting for order of discharge. Sowerby, baring absconded,
was proclaimed at a former sitting.
Mr. Sargood said he opposed the granting of the order.
The adjudication on the petition of Mears. Morrison and
Dillon had been made on the 18th of October, 1861, a
few days after the new act had come into operation ;
omiesquently the ogee would have to be dealt with nuder
that act. The assignees chosen on the 2nd November were
Mr. Candy, warehouseman, of Watling-street (a creditor for
31,0001.) Mr. Morrison, and Mr. Amami, also large credi•
ton. This opposition was on the part of one assignee alone;
Mr. Candy had long duce ceased to take any active part in
the ease; and Mr. Pawson had yesterday rimmed his
opinion that it was a wade of time and money to offer
further opposition. Mr. Dillon was therefore left alone ;
but in pursuing this opposition he was actuated solely by a
genre of duty. The learned counsel then proceeded at some
length to state the ground on which his opposition was
made—which was, that the bankrupts had incurred debts
without probable ground or expectation of being able to pay
them—one of the offences specified in the 1511th section.
Mr. Linklater then examined Mr. Tattoo, to show that
the charges made against him were unfounded.
His Honour (without bearing Mr. Linklater) said be did
not think a use had been made out against the bankrupt of
contracting Mesas. Morrison's debt without probable means
of payment. He believed himself to be solvent, and knew
that the Srm had the assistance of Mr. Candy. The send-
ing of the goods to Hall and their sale at a
loss appeared to have been done without the
knowle ge of Tattoo, who had been prevented by illness
and by the interference of Sowerby from completing the
stock-taking in September, 1861. There was no case
established against him in reference to Messrs. Morrison's
debt. The general comae of trading had been reckless, but
this was not a thing for which the court could now visit
traders. Had it been shown that debts had been contracted
after hills had been dishonoured, the charge might have
been upheld; but taking into account the assistance they
bad regularly had from Mr. Candy, the came was different.
Tatton's order of discharge would be granted ; as Sowerby
was not present, the court would not say a single word
about his conduct.