The Express.
London, England, 1863-01-26 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCH.
&mop in Brno.—(Before Lord Chief Justice Cockburn,
and Justices Wightman, Crompton. and Blackburn.)

TYLER V. MOLDING.
In this cue a rule had been obtained calling on the plain-
tiff to show cause why the Master should not review his
taxation, Lc., in this matter.
Br. Turner supported the rule ; Mr. Gadsden showed
cause sgainst it.
The case is only worth mentioning for the ingenious arp•
went of the learned counsel who showed cause against the
rule. The plaintiff had sued the defendant in the superior
court for 71. 17a. 6d. goods supplied. The defendant paid
the wooer into court, and the costs had been taxed by the
waster. The defendant contended that under the act for the
recovery of debts under 50!. in the superior courts, the plain-
tiff bad not " recovered" so as to entitle him to his costa.
Mr. Justice Wightman said that surely it was a recovery
of the debt, though judgment bad not been signed. If the
atogs had not been commenced the debt would not proceedings had Dot been commenced the debt would not
have bee n paid. Besides there were the judgments of the
Court of Error and Courtl of Common Pleas against the
defendant.
Rule made absolute.

HAWK r. GERRARD AND ANOTHER.

Mr. Clarke sUlthiawae an action tried teat week before
Ir. Justice Blackburn, when a verdict was returned for the
plaintiff. The action wan by a builder for the
recovery of him debt. The learned counsel moved
to set aside the verdict so far as Edwin Gerrard, one of the
defendants, was concerned, and enter it for him, on the
:rounds that the verdict was against the evidence and min-
direction. The other defendant, Paul Gerrard, the father,
had allowed judgment to go by default.
Rule refused.

___ _ _______
Di Kb WILLIAM BERET BAITER.
Mr. Smith moved for a rule calling upon William Henry
Baxter to show cause why an attachment should not issue
for the non-performance of an award that had been made a
rule of court.
Rule granted.

_
IRWIN V. IRS QUllri.
Mr. dkfalle7 Irwin appeared in court this morning and
applied to their lordships for an order that hie petition of
rght might be taken as confessed, and sign judgment in his
favour. The particulars of Mr. Irwin's claim for 100,0001.
damages from Sir George Grey, Secretary of State for the
Nome Department, in not presenting his petition of right to
the Queen, are so well known from the proceedings that
have lately taken place as not to require recapitulation. Mr.
Irwin, who applied in person. relied upon the Ist and Bth
section of the 93 and 94 Vic., chap. 34 (the Petition of Right
Act).
Mr. Justice Crompton—Has there been a fiat in Shia case

Mr. Irwin—No.
Mr. Justice Crompton—Then we have no jurisdiction. It
is only on her Majesty's granting the fiat and sending it here
that we can interfere.
Mr. Irwin—lt ie because I have not got it that I all on
your lordships for the rule.
The Lord Chief Justice—By no means. We have no ju-
risdiction till that is obtained.
Mr. Irwin—This is the only court that can entertain it.
The Lord Chief Justice—The whole jurisdiction of the
court depends upon the eat ; for, without it, those who
represent her Majesty cannot be celled upon to answer or
plead.
Mr. Irwin—l contend that a petition of right Is the birth-
right of every Englishman, and that it is not competent for
the advisers of the maws to advise its refusal.
After hearing Mr. Irwin at considerable length.
The Lord Chief Justin, said he was clusrly of opinion
there were no grounds for this application, and he was cur
prised and astonished that anyone could read the act and
not see the only construction thateoold be putupou it. It was
only when her Majesty graciously directed, Let right be
dons," that this court could beterfers.
The other leantledose concurred.
Application ref

COURT OF
Wore Mr. Col

. Goathank.)

The twalirapt,laZole:ir.;"oiikLl red Hsabary,
was a lauciant, of Little Tower-street. He reasy
applied for his order of disclaim, supported by Mr.
E. Reed, and opposed by Mr. Sargood (for the seeless.),
co the ground that he had contracted debts without
reasonable or probable expectation of being ells to pay
them. . . . . .

His Honour, in giving judimed. said that time we
much in the accounts which Ma Wieemaly unselielseleey,
and raised the suspicion that a lisp nos wan onasesaniet
for • but as both bankrupts had gamed tisk WI emir
tin:, he would not sow aloe into the mmellen of
lemmata. The assignee' had vary pep* allowed
Banbury, who was an enthennely yew ma, and
bad brought 2,0001. into the first. r voinive hi
order of discharge unegemeei lbws steed in a very dit•
feint position ; time wee sweated to reprobate in hi
conduct ; and the soignee' ha =del; boa de-
Owed by the want of funds Nth a promethium.
In Jemmy last, after be had bees elei, also
against in bankruptcy. he oedema te the
amount of 1,0001. from Mr. of Amelmilem6
On them pads he obtained an slimes% nod meineth
by saying that be did it in order to pay sumo WAN* hale
of Mr. Bradlee, thusrobbing him with one lump end km&
ing back a part with the other. It was teethe der that
when he gave that order there not the meet ramie prebabi-
lite or possibility of his bein able to pay a tistkists. Oa
that pound the order of would he ampended
for twelve needs from the present date, old Ihe haltheept
would be without protection for three menthe. ait the sod
of that tins he :Mike apply for prated's& ado &kg
notice to the eisigassa
1111 C. T. PER.—APPLICATION TO =NM WifillNlMMa.
Mr. limos applied loran order dieeMileethelithipeeeedl-
againse Ude heehaw; who wen • thnigpmem and
schoolmaster, of Liverpool, should be seneeend to the dis-
trict wort of
His Honour;q=ie whoa stage the bankruptcy wee,
and being toid that the meigneas bad been chasm; sad that
the lest amoimation would take place in a day or two, mid
that peat imeavenieme might result from tow
application
being so long deleyed.
Mr. Sams said that the lint delay had arises from the
Blues of Mr. CommienionerFoahleaque, and the hand* of
his eases to the other emote. These bad bees a othemmat
delay in obtaining an appointment.
The Conosimionee—l r whin you would have no
cull obeeisiz appoiatmest in this court.
the affidavthe showed that the bank-
rupt bad bees a minister and had conducted public school
in liverpool far several yews. He had 158 creditors, and
owed 20,0094, of which upwaeds of 11,0004 were unsecured.
Of those 117 creditors for 7,0001. odd resided in and near
Liverpool, and the rest elsewhere. The bankrupt had not
disclosed any available estate. The trade swims was
an accountant, resident in Liverpool, mad stated that the
requisite inquiries could only be promotes& there. The
bankrupt's furniture, worth 1,4001., had been reiroved,and
it we. said had been taken by a creditor for a debt of 4004 or
5004 He had shortly afterwards disappeared, and ft was
sow found that he bad been residing at &Abeam; with
a view to enable him to petition this mart. The bankrupt,
on the other hand, made affidavit that be had tome to Lon-
don in search of employment, and had obtained employ-
ment es • classical tutor, with occasional clerical ditty, at
Eastbourne. He had been arrested there, and compelled to
petition the court. He had no property, and his only
roams of livelihood were taking pupils, which would be in-
teetered with by the removal of the proceedings to Ll-
vemeoL
r. Bagley opposed the applieatioo, oe behalf of the
bankrupt. lie complained of ' sectarian rancour and par-
sonal feeling" having been imported into the case. It was
clear that no benedt would remit to the ceedftoes
from the removal. The bankrupt bad rightly peti-
tioned this court, having been a resident la the dis-
trict Bi X months, and the strongest ease of amenity
ought to be shown before the proceedings were removed.
The bankrupt, who was a clergyman of the Church of
England, bad bad a large school in Liverpool ; but, his
furniture being seined and sold, he was driven from his
borne with a wife and six children. He had resorted to
Loudon with a view of obtaining employment. Hr. Bonner,
the soignee, had taken the most hostile pro-
ceedings against him, having advertised in the papers, offering
a reward o. a pound for his addreee, and when be
found bine, having apprehended him at Eastbourne. AU
the deeded oases show that the court would sot interfere
melees it were proved that great benefit would result to the
mete from the removaL If it were necessary to examine
whoopee in Liverpool, a requisition might be sent to the
court there for that purpose.
[The one wee proceeding when our report left.]

THE POLICE COURTS.
(THIS DAY.)