The Express.
London, England, 1855-01-24 00:00:00

rAN. 23.
1111 LORD CUM DAMON AND MARODI
PAW, ALDIRION. AMR MARTIN.

V. THE MITHOP
EBILITY OP TAR

SIMONS OF
OP SIWZILS.

IN 13

This was an action wherein the plaintiff, the owner of a
cab, sought to recover damages from the defendants for in-
juries sustained by means of their alleged negligence, in
not having put up a fence on the *doe of an open tidal
ditch or sewer, the effect of which had bees that the plain-
tiff had driven into it, and hence the injury alleged to have
bees sustained. The defendants pleaded not guilty by
statees. The oast cams on for trial before the Lord Chief
Been, when it appeared that the diteh in question was an
amine sewer is Bermondsey, which, in palmettos of an
act of parliament, had become reeled la the sonnaissioners.
loose years dam the dials was famed at, though
upon the trial it did set appear by whims that had
been done. As lbws }regressed the fines fell into
decay, and ultimatelydisappoared altogether, and in this
sae the accident oeanea The learned judge upon
the trial espirsswd as *pinion that there was
no liability um' the ossemisiesen to put up a Maw, but
left the queetitts etdsmagos M the jury, mbleet to the pre-
sent rule. Tim Judy *mimes found • verdict for the
damages-111 • amok was then entered, subject
Ito • motion to set the amok aside, and for a sew trial.
Mr. Hawkins new showed mese, but the rule was made
obsolete without moml ter the defendant being celled
o pen.
TbsssurS was essabsously of pinks that there bad
bees aspired of any legal liability of the eammisimise to
Noss of the ewer. The utmost that meld be eel islemier
of the adios was that the sewer having beams emlod is the
&hobs% by act of parliament, and having bees gonad
se love bee. in • dangerous state, ought to haws bees
f seed off by " somebody," and that the MfssdaNa having
Weems the owners of the sower under theme ofgeollemest.
wow that " somebody." lint this case wen los Owls' as,
though the defendants were private individuate. It was 1
apparent that there was no liability on a private ladteldeal,
the owner of lead, which was divided from the highway by
a ditch, to feces off that ditch. No doubt the public were 1
startled to the highltay which was dedicated to their use,
but they were entitled to no more. As the ewe stood, the
verdict ought to be for the defendants, but as it had been
intimated that the plaintiff would probably be able to make
.-cot a better case, the rule would be made absolute to enter
i• nonsuit.
Rule absolute accordingly.
BOTLZ V. WLIIXAIII.—.II,'-

WISEMAN.

LIBIL IT CLIDIPLL

Tbis was an action for the publication of as alleged libel
upon the plaintiff, a Roman catholic priest, by Cardinal
Wiseman, the said libel being said to be a faint soandalons,

E EXPRESS,

molielesiosmiidshmatary letter, published arterially in e
Frill memermse milled the Union", and eubsequatly
espial inee the Catholic Stmodard in Ragland. The de-
gingessokisesd nert 'silty. toad therefore the thief point In
tie mime* pat to prove that the sardinel bad written
earl graham! the libel. The use use on for
trial Wise the Lied Cklaf Baron at the last
0•011601 Aldus whoa the gaieties of proving the pabli-
alba tree keenly contested. whereupon Mr. James, the
plaselre mussel, said that if he were driven to it be was
premed to sell the defendant blamed!. This proceeding
mos elliested to, and therefore with a view of overcoming
the it wee proposed to all the Bev. Mr. Ivor,
alleged to have been the author of artielee_published in a
Freak pier, L'Ansi de is Religion. This preollesnan
swum ere- lioreseg to Park to obtain evidence for the de-
fames; ea dribs bed there seen a letter from the de-
fendant to the Abbe °eternised, the editor of that paper, re-
ferring to the alleged Mod. This letter the abbe Mused to
let him have for the pupae of producing it on the trial.
It was neat proposed to ask the wither the contents of the
letter, but upon an objection made the Chief Baron declined
to receive the evidence. The defendant himself was then
called by Mr. Jamie, but an objection was again raised,
when the Chid Baron held the objection to be goat upon
the ground thst as the only issue was " guilty or not guilty"
of haviagiblished that whith he proved to be libellous it
would subject the defindaat to a criminal indictment. The
result of• trial was that a sonsait wu entered, and thus
the present motion.
Mr. (litigant films, Mr. Bramwell, and Mr. Baddeley,
now showed cause against the role, and urged that the
ruling of the Chief Baron was right in not allowing the car.
dins" to bs examined: -

)11;.1,ush;,In the shamus of Mr. James, addressed the
court in support of the rule, and said that it was a notorious
fact that the cardinal had written a letter to the Abd6 as
well as that he had written the libel itself, but that he had
calmly stood by and acquimeed in the attempts made by his
counsel to prevent t►e production of legal proofs of the
fact. The learned counsel had not concluded his address
when

The court intimated that the further arguments most be
resumed on Friday.

emus £T NMI fl A? WINXIINXII.-1/0032 XI. DAWN PLATT
AND 00301071 JOIE.
Tho mien which came before the court to-day wen en-
tirely devoid of public' Lateran.

ADMIRALTY COURT.—hx. 23.
ZOOM DL Wernistait.
THI MILOCIAD3 CASES.
Dr. Lashiogton announced that he would give Judgment
in the Franciaka ow Saturday neat.

COURT OF

r.—Jey. 23.

The bankrupt was an army agent; the failure occurred
many years ago, and the ease now came before the court
under the following circumstances :
His Honour said be had been spelled to by one of the
creditors, in • manner somewhat irregular (by letter), to
know why the dividend wee deferred in this case. The
bankrupt, it appeared, bad become tenant for life of a very
large estate in the Highland', called Loch Niel, from
which a rental was derived of between 3,0001. and 4,0001. •
year, and that of Gonne went to the benefit of the creditors.
Mr. Green, the then ofildal assignee, bed received the rents
and had paid the creditors a considerable di-
vidend, which they expected to receive yearly from
the rent of the estate. The heir-at-law, however,
thinking that he could get rid altogether of the tenant for
life, had given notice to dispute the title before the Scotch
courts, on the ground that Campbell's bankruptcy deprived
kim of his life interest, and that if the oZcial assignee paid
away any more of the rents be would be held responsible
for them. On the other hand, the assignees bad been told,
by very competent Scotch legal authorities, that they could
get rid of the entail altogether, and that, instead of a life
interest, there was • very fair prospect of Mr. Campbell
being declared entitled to the fee simple of the *state, in
which event the creditors would be paid in full. That
question was now at issue in the Scotch courts, and he
hoped would 8000 be determined. Meantime, there was a
considerable fund in hand.
Mr. Pennell, the official esslosee—Between 4,0001. and
5,0001.
His Honour said the creditors had made an application to
the court for this sum to be divided ; bat this could not be
done with justice to the assignees, while this question re-
mained undecided ; because, if the heir-at-law were right
in his contention, the result would be that the assignees
would have to pay back all the money. That was the
single reason wny the dividend did not continue to be paid.
If the result of the suit were favourable, every creditor would
art 201. in the pound, end there would be a large surplus
for the family ; at al; events, they might reasonably hops
that Mr. Campbell's life interest would he established.
Mr. Penmen said it was quite true that the assignees
bad a very considerable sum in hand. which would have
been divided long since, it this notice had not been served
upon them by the heir under the entail. He claimed every-
thing that had been received since the bankruptcy; so that
it would be quite impossible for the assignees now to make
any division. The question was now before the court, and
he hoped it would be decided within sin months.

110035 MI. 00101711SWIFIER FONsuorars.
?OWNS 07 TEI COURT TO ORDER DISCRARON.
The bankrupt, - Austin, wu a solicitor, in Coptball-
court. After he had bun adjudicated a bankrupt, and had
obtained the protection of the court, he was arrested under
an order from the Muir. Court.
Mr. Chidley now applied for his discharge. He cited
anseress decisions of Lord Chancellors to show that the
protesties of this court was valid against the process of any
other met.
Mr. Goddard, for the detaining creditor, referred to a
slaws introdated into the Sheriffs Court Act of 18.52, which
esuesel ezenspted its orders from the powers referred to.
Seaver, after looking at the claw, said it left that
wart without any jurisdiction in the matter. He therefore
could tut sake say order for the bankrupt's release.

IN NZ HINNY INLINIZ.
The bankrupt was a wine merchant, of Old Broad-street
This was the ezansinatios meeting. The accounts showed
• sum of 10,4471. dee to creditors holding security (the pro-
perty held being valued at 1,63214 ; to unsecured creditors,
1,0851. There were no assets. The bankrupt was in a
deficiency on the let of May, 1852, of 3,7501. His profits
(during three years and a half) had been 1001.; louts,
3,0001.; by bad debtors, 1,0001.; domestic and personal
espenses, 1,8201.; trade ditto, 7901.
Mr. Panel's, for the assignees, offered no opposition.
Mr. Mnrrougb, for a creditor, thought a more detailed
account on some points necessary.
Mr. Lawrence, for the bankrupt showed the sufficiency of
the accounts, and the bankrupt pissed.

INSOLVENT DEBTORS' COURT.--JAX. 23.
MOM nu. 0010ft111101111Z 11171PNT.
IN as WILLIAM A. SOCHA&
This insolvent. whose case has been previously heard,
spin appeared seder the Protection Act. Some creditors
opposed in pantie, and Mr. Sargood appeared on the part of
the Chartered Australian Land and Mining Company ; Mr.
Reed supported.
The esimpielats of the creditors la person were heard on a
weemiss.
The inmiesst altered that he was entitled to some shares
is the Australian Compaay, of whisk he had been the
amktant eseretary, for his exertions in getting up the com-
pany. The directors were mitered es creditors, and the
object of Ur. Sargood was to show that the statements on
the schedule were not strictly merest.
A boor inqairy was entered into, sad the result was that
some alterations were made.
The ems was adjourned to make ems arrangements with
regard to two small creditors:
IN as NTIPZZI DANA.
This insolvent was in onslsdy on an attashment from the
Court of Chummy kw esniempt is not emsating a lease,
and also detained ea ea ateashment /sr meta. The question
was whether he Naha petition until leo bed purged himself
of 'be contempt Dm not executing the lease, but the court
held that as the andilse had &Waikiki= ks seats. be scald
be heard. The emplaist as to °Wake 15Sf. hem Mr.
Lane, the appoints erwillar, was gore Ma. and the siert
intimated a j and the iaselmad was es apply to
the Court of Cboasary before it was peemoussed.
Mr. Sargood opposed, sad Mr. Dews supported.
IN RI LOMB 171INAN.
In this ease the discharge was sent to Whiteerom-street
Prison on Saturday, sad the rummer (Mr. Burden) con-
Mamie( it a hard ease ea the issolvest, allowed hint to re-
main in the risen until to-day. His ease was to be heard
on Monday, lout it was putted for this (boy, end he now
applied.
- Mr. Comminisser Murphy repelled the hardship on the
insolmat, bullies rule to beet a ease where a discharge was
sent was wlthis how. The Meaner, had been seat b
a desaisal psalm named "Sasvi Weller." '(A laugh)
His Ream swell NM assist the insolvent.
1.1 PRAMS PIAUI.
This amewsialerday reported) was farther hoard. Bri-
dges. was that marsh had been mods, mad se sada-
Gould be gives. The Midwest lewd that
:al= puma Ms eamiaaliss la Makeups".
Two analog. apposed is puns. sea earapied the
mart eimesims. WM lam by the Osmomimieser that
*see weemodelag in his OM, sail the Isookyout weld be

Mr. Cossaissloaer Murphy Masted teat
be beg reoshoi s mess from Kr. Coatishoiebor Phillips on
the ow, asi IS would be adjosraed for a week.

THE LATE CROYDON RAILWAY ACCIDENT.—At a
muting of the directors of the South Rasters Railway, held
is the cline of the past week, to ensidar the seats to be
awarded to the inhalants peruse Wean by the aceidest
to as esetwein teals at Curiae, as seeof 1601. was, we
aneseent, awarded to Miss Donn of Word, who ems-
taised one injury es no aemalem. It is stated that the
lady's claim for oompeseaties was 6001.. but the directory
were of epiailm.that, s we bens* WM henna the amount
find by thremeause was mans* te mess Um judos of the
cum We nn an been wbat eon ban ben asindoll
tin abet sal hoses *PM

JANUARY. 24. 1865.