The Express.
London, England, 1863-02-06 00:00:00

[Stamped, id. Additional]

gab) Intdlisttut.
COURT OF QUZIN'S BENCH.-Fn. 5.

After Term Sittings at Nisi Prins, at W
fore Lord Chief Justice Cockburn and aill=r4T

CLAR2 r. THZ 012/1.7-PrITTION 91 IIOHT.

The vitamin examined to-day were Yr. Boojensin St%
of the Thanes Ironworks and Eitipboilding Ocespany ; Mr.
law Watts, chief constructor of the navy ; and Mr. Scott
Rowell.
The Attorney-General then addrened the jury on the
whole cue, g that the crown had proved the Ors put
upon the with regard to the oonatruction of
the Warrior and on the connect for services rendered.

Mr. ifoiel;y Bgnoor, in reviewing the whole of the came,
spoke of the difficulty the suppliant had to contend with in
the powerful influence of the Admiralty, but be relied on
the justness of his cue, and anticipated their verdict in his
favour.
The court thereupon adjourned.

COURT OF EXCHEQUER.—Fiss. L.

Mines at Nisi Prim at Westminster.—(Melon Mr. Baron
Bramwell awl a Common Jury.)

MAXWELL V. NATHIW.—AUTHOILS AND PUBLISHERS.
This action was brought to recover oompenrtion in da-
mages for liner of contract. The defendant pleaded that
the brook was caused by the plaintiff, aid various other
pier
Mr. Serjeant Shee and Mr. Watkins Williams were coun-
sel for the plaintiff ; rd Mr. Hawkins, 40., and Mr. Henry
James for Xie defendant.
Mr. Element Shoe, in opening the ease, rid the plaintiff,
Mr. Maxwell, wag the well-knows palikber, and the de-
fendant was• gentleman well known in the literary world,
Mr. Augustus Mayhew. %Ise plaintiff wenthe proprietor.
among other works, of the Welcome Guest, and be employed
Mr. Mayhew to contribute tales to that jormil. When he
aid that one of the stories hi supplied was " The Finest
Girl in Bloomsbury," the jury would readily understand
that so loog aa the °entracte were kept up between the
plaintiff and defendant the result could hardly be otherwise
than profitable to the plaintiff. After the tanner attach-
ing to theft periodical publications had pared away
the plaintiff yr in the habit cri purchasing
the copyright ii the tales and republishing them in sew
rate volumes. On the 12th November. 1860, Mr. Mayhew
began a "tory in the Welcome Guest, entitled "Blow Hot, I
Blow Cold," which was very much approved°, by the readers
of that publication. The plaintiff we. desirous on its com-
pletion to re-publish it in • separate form but it was too
loft for his serial "Shilling Library' and too short for his
" British Library," each volume of which viesixted of 320
pagan, and wax sold for 2a. On the let of November, 18
Mr. Mayhew entered into an agreement with the plaintiff
to extend the tale to 320 papa, of the Name type and sir
u " The Finest Girl in Bloomsbury." Mr. Mayhew had
already received a considerable sum for the tale, and the
plaintiff wee to pay him WI. 16a more for the additional
work, making altogether 1041. 13e. 6d. The copyright was
to be raped to the plaintiff, and Mr. Mayhew was to de-
liver the copy not later than 10th December, 1860. The
defendant received the money, and the agreement was duly
signed. Haring • great number of other literary engage-
ments, Mr. Mayhew did not find It convenient to perform
the work by the specified time. The plaintiff cut oat the
printed mattes from the Welcome Guest, pasted it
on paper, and sent it to Mr. Mayhew, in order
that he might extend the tale, r agreed upon.
From time to time Mr. Mayhew obtained as extension of
the period, and it was not until Sept. 12, 1862, that the
corrected manuscript was finally placed in the hands of the
plaintiff. The learned counsel said that this delay was not
only • serious disappointment and inconvenience to the
plaintiff, but had subjected him to a pecuniary lose ; ben,
in addition to that, it wee found that the manuscript world
only make 232 instead of 320 pages of the 2a. volume. 1151
plaintiff also complained of the manner in which the tale
had been extended, and stated u an example that the
author had taken 011111 paragraph and merely divided it into
a darn.
Mr. Maxwell, the plaintiff, was then placed in the wit-
ner.box, and examined in proof of the above fact
Mr. Bur &snivel rid he thought the dispute yr or
which °add better be settled out of court.
Mr. Serjeant Shoe said be entirely agreed in that opinion.
After • lour consultation between the counsel and parties
it wee serener that it had been speed to refer the
matter to Mr. Hepworth Dixon, the editor of the AtAa UM.
Verdict for the plaintiff, subject to a reference.

COURT OF PROBATE AND DIVORCE.
Fn. b.
Won the Judge Oran y.)

scone V. WOODS AID cairns. --coitiorts o•es.
Dr. Bpirthe appeared for the petitioner, Robert Woods,
who sought a deems 011 the ground of adultery annotated
by his wife while be was out °tithe country, undergoing a
penal sentence. The marriage took place in November,
1834, at Wetberingeett, Suffolk, and was followed by the
birth of three children. In 1840 the petitioner, after a pre-
vious conviction, was found guilty of receiving stolen god,
and was ordered to be transported for 14 yearn. On his re-
turn he found that the respoodent bad married Marjoram
Collins, the co-respondent, sad was still living with him.
Deane aisi, but without cost.

COURT OF BANKRUPTCY.—Frs. 5.
(Before Mr. Oommissioner Yam.)
IN RE HARDING.—THI CAIIR OP THE CORPORATION BROKER.
The bankrupt had been employed as broker for the eor-
poistion of London, in which opecity it was his duty to
collect rents belonging to the corporation.
Mr. T. J. Nelson, the recently appointed City solicitor,
opposed the release of the bankrupt from prbon. He wa•
is melody for 815 t., but the debt exceeded 7001. It was
contended that be was not entitled to his discharge under
the 11211 sea of the old se, as the debt for which be was
in custody was contrasted by breach of trust. As a servant
of the corporation he had collected those debts, and bad not
handed tbmi over.

His Honour did not consider that aa • breach of trust ; it
was a ample debt.
Mr. Nalsaa—Where a parson is appointed to repel,.
=for another, and does not hand it over, it must be a
of trust.

—The 63uskirsioner—I shall release him from custody. It
is aot a matter which I mu regards/ a breach of trust and
refuse the discharge oe that account.

IN II CIUICIL—DISPUTID AWDDICATION.
This case involved a (prelim) anoag out of that fruitful
source of litipition in them courts—a deed of arrangement.
His Honour sow we judgment. He rid—Hears. Bell
and Bell, of Wood-street, petitioned this court that one
Church, a dealer in boots aced shoes, should be declared
bankrupt. There was a sufficient petitioning creditor's
debt, a sufficient trading, and a rufficientact of bankruptcy
—the act of bankruptcy being a deed executed by Church
under date of 4th November, 1862, assigning his stock in
trade, furniture, and other personal property to trustes,
for the benefit of creditors who should execute the deed
before a certain day. The deed was duly registered on the
19th November ; but on the 23rd of December, Church was
adjudged bankrupt by Mr. Commissioner Holyroyd, who
decided that the deed was en act of bankruptcy ; and I
entirely concur in the view taken by that learned commie-
doper. I decline, therefore, to interfere with his decision.
IN II TIM LONDON AND PZOVINCIAL DISCOUNT CONTANT

(Lamm)
This was the day appointed for making a call on the nos.
tributaries. The amount of the proposed call was 51. per
share; and the principal question wee whether the directors
of the company were entitled to est off against the cell@
due in respect of their shares the amount of unpaid fees
due to them as directors. The first case taken was that of
Sir Felix Agar of Stratford-place, who claimed to deduct
401. fromlool.,dus from him as calls.

Mr. Edmund James appeared for the liquidator ; Mr.
Prentice appeared for Sir Felix Afar; Mr. Cole and Mr.
Linklater represented other director'.
It appared that the whole amount of the shares, SI., bad
been ap ; Sir Fells was the holder of 20 shares, end
had paid 401., but was credited in the company's books
with 601.

Hie Honour expensed an opinion, in the outset, that
there was no right of set.off agunst aille due on shares.
Mr. Prentice contended that Sir Felix was entitled to
claim a set-off under the 17th section of the 21 and 22
Viet. The fact wee that upwards of 1001. was doe to him
for unpaid fees.
Mt. James said there was no dispute u to set-off ; the
real question wu whether the director* were entitled to feu
at all. By clause 104 of the articles of association a stun of
2,000/. was made payable to the directors as remneeresion
up to a certain date, and 1,0111. had been sateemiesitly
voted to them. In July, 1861, Sir Felix Agar was credited
with 1431. in respect of fees dne. He had proviously paid
401. sa calls. When the sum of 1,04 N. was carried to the
credit of the directors it wee allepd that the meets of the
company did not amount to 1001., and that therefore they
had no right to make such a {trader.
His Honour laid the question appeared to be one for aa
aecountant. _ .

Oannan, the official liquidator, said the real question
was, did the wards " fuoda of the cosepany " mean funds
actually in possession of the company, or funds assist.
Mg of UM unpaid liabilities of the shareholders.
Mr. Linklater contended that the latter was the correct
iaterpsetatioa The oompany had sufficient tends to pay
the lase, bat bad chosen to appropriate them to other par
poses. The directors had libwally allowed their f.'s*
run into anew, and now the liability of the company wee dis-
puted.
Tim Oommtesioner—lt seems to me a question how much
they ere esob to bore out of an empty bottle.
After a long and irregular dissuseion.
Hie Honour made ao order oa air Felix Agar, for the pay-
ment of 601., directiog the official liquidation to give weds
for such sums u might be due to Sir Felix. If this wee loot
satidectory to the parties oil whom the order was Mae,
they might go to the court of appal.

[TWOPENCE

171tiroately it was agreed that Sir Felix Amu. and Mr.
Franklin (who was rap tad by Mr. 14M11w) should
ewe up their claim to fess as the edictal liquidator aban-
don* his claim for calla
The Commissioner—Then all this goaa for Nothing
An order was made on Mr. Alfred Needham, who did
Dot appear, for 491.
Mr. Cole appeared far Mr. John Paull, of Bristol, from
whom 431. was chimed, after making antain deductions.
The only question was whether Mr. Paull was entitled to
charge the expense of his journey to London to attend the
MOSUBV.
His Honour held that he was entitled to make the charge
under the 140th of the articles of association.

IN HZ WEBS.-HEAVE FAILURE 114 THE OHO/ TRADE.
Adjudiestrou of bankruptcy was made spinstJobe Webb,
of Eustoo-road, shoe masufsetwrar. A sestesewn of affairs,
prepared b Maws. Hart Brodkin sad Hsyles, show
liabilities of 24,0001., and assets of &boat 5,0001.

THE POLICE COURTS.

Peter Shepherd, a pianoforte tuner, residing at 22, Flamil-
tou-street, Camden-town, appeared to rower a summon
which charged him with being the father of am Illegitimate
child which had been given birth to by Mimi Emily Job,
a mesmerist, residing at 3, Alfred Camden-town.
The complainant was called, and etafid that she gave
birth to a female child on the Will of F
1862, sad
the defendant was the father. On the Add alts was ear
fined the defendant called to is. her. He kissed her,
and took up the baby and said. " What • black
Bede devil Wit" (Laughter.) He afterwards mid lie
should like it to have been • boy and then inquired of the
nurse if she thought the chßd was like him. Ilbe
said she did not think it was much like • devil, but it was
too young to my who it favoured. (A laugh.) The dam-
daat stayed there all that night sad slept oa the floor. He
did not go away all the next dbut smiled in making
the pap. (A laugh.) He bade lama her sad the baby
to the theatre, and said he was fond of hie child. A short
time since she asked him what be was go* to do for the
child, and he said he would take it. He therwards said be
would meet her sod talk about marriage, but he failed to
do so.

In crow-examination by Mr. Beard, the complainant
stated she knew a man of the name of Woodward, but she
had not seen him for three yeses.
William Woodward, a carver, but who described him-
self as an artist, said he had been intimate with the com-
plement, but that was three yams ago. The witness was
hind as be left the wituesubox.

Mr. &therms& as order forth* full amount, =3 allowed
the oasts of attorney and witszeoseo.

_
EIOUTHWAYX.
Yesterday afternoon two tradesmen offered themselves mi
bail for Mrs. Cormick, who it will be recollected was re-
cently committed for forcibly entering time dilapidated
houses in Stamford.street.

Mr. Burchien told the sureties the responsibilities they
incurred by hemming her bail, for if sbe again committed
herself in a similar manner before released by the sessimis
they would forfeit 4W. each.
The bail told his worship they were trite contented to
become hear suretiei, as no further disturbance would take
place. In fact. they understood that overtures had been
made to Mrs. Cormick by the other side, offering her a very
large sum to give up all claims to the property, which,
however, she rejected, bear sure of her rights.

PATENT Lay: ComunnuoN.—On Tuesday and
Wednesday last the 'Wisp el the eammissios for inquiring
into the working of the patent law were manneed. The
oommthioners present were Lord Stanley, Lord Overstons,
Sir w. Erle, Sir W. Page Wood, H. Waddio, Yd., W.
R. Grove, Esq., and the Searebuy, Edward I d, Esq. It
is proposed to bold weekly mestinp of the commission
during the present session.
THE REPRESENTATION OP DEVONPORT.—Tbe poli-
tical parties of Devooport are now rapidly menhalling their
fortes for the coming struggle. The arrival of both candi-
dates, as announced in yesterday's paper, has roomed both
skies to spoon. The representativegtherals and their swift
are g might and main to win the day. Though the
liberal champion, the Hon. Sir F. W. Grey, 8.C.E.0
only mined at Plymouth on Tuesday at midnight, is
time was allowed to he wasted oo the following math
tag. The gallant gentleman and his friends resolved as
instantly taking the field. Introductions were soon
and compliments and congistulations offered. Is
the course of the morning a " coubilectial
was held, and after some agreeable conversation aid
anion, Admiral Grev was unanimously adopted as the
gestleenea base suited to represent the borough in pills.
meat in succession to Sir Michael Seymour. It was abs
arranged that a public meeting of the electors should be
held in the evening at the Mechanics' Institute. The eon-
BUTatiVel, on their part, were equally as add. Notices
were issued to committeemen, ward meetings called, and
the most energetic manures adopted. Mr. Permed, be-
sides seeing a number of the donors at their houses aid
places of business, addressed a numerously attended weed
meeting at Stoke last evening—Western Morning News
Ruioarz ELEc-no:e.—The polling commenced
yortesday morning at eight o'clock, and daring the first
three or four hours, Mr. Wilkinson was ahead of his oppo-
nent. Mr. Gower, however, gradually decreased the ma-
jority 'gained him, and at four o'clock the numbers were :
Gower, 344 • Wilkinson, 336 ; majority for Gower, 9.
CITY or 'LONDON BREWERY Courssi Y.—The an-
nual meeting of this company was held yesterday at the
London Tavern ; Sir James Duke, M.P., in the chair. The
secretary read the report, which congratulated the share-
holden upon the great succor which bad &needed the opals.
trona of the company, sod ou its future prospect*. Thri
directors had thought it necessary to oppose the proceedings
of the Thames Conservatory in erecting a pier in free; ai
their promises, and the action was now pending. The
plant was all is good working condition. The total profited
the working of the year bad bed 52,3704 !'s. 24., out d
which the director' had paid 4,0001. to the depreciation
fond. After deducting 19,1541. 7s. 2d. for the
fond, and the dividend paid in Angus last, there re=
29.2161. 2s. as undivided profit. From this amount lid
directors proposed • dividend of 4i per cent. on both clams
of shares, to appropriate 2,5431. N. 6d. to the reserve fund,
which would leave 1,31151. its. 6d. to be carried to the nag!
account. The amount of the reserve fund was DOW
12,6961. 14s. 11d. The report having been received and
adopted, the directors and other officers were re-elected, and
some routine bonnets, with a vote of thanks to the chair-
man, concluded the proceedings.
PROPOSED FOUNDLING HOSPITAL AT THE EAKI-
END. —Yesterday evening Mr. Humphreys, coroner for Fiat
Middleton, held an inquiry, at the Prime of Wales Tavern,
Booner's-road, Victoria-park, respecting the death of a
female child found murdered, and to the course of his sum-
ming-up be said that, as matters at present stood, it was
evidently hopeless to expect a dimioutioe of the crime of
child murder. He would suggest, as • practical remedy,
the institution of a real foundling hospital, to be called the
East London Foundling Hospital, where, young ROME
would be, if necessary, taken in until their confinement was
over, and them their offspring would be kept and brought
up. At present nothing but absolute ruin threatened
mothers of illegitimate children, and to avert it murder was
freely resorted to. Several gentlemen present concurred
with the thither as to the necessity of such so institution,
and stated that they would cbscribe towards its erection.
A verdict of "Wilful Murder " was returned.

STREET NONMCLATCRE IN Sr. PAN( is As. —The
weekly meeting of the vestry of St. Pancras yesterday was
an excited one, the ball being crowded by the tradesmen
and inhabitants of the Hampstead-road, who atteuded he
protest against the carrying out of a resolution to alter the
title of that thoroughfare. it appears that the vestry
reoently appointed a committee on street nomeoclature,
and they brought up a report recommending extensive
alterations dee names of streets and place. in the parish.
Arempt them they recommended that the " Hampstead-
road" from the north end of Tottenham-court-road to
High-street, Camden-town, should be altered to " Harring-
ton-mad." At a previous meeting of the vestry this altera-
tion was adopted by a small majority, and the ratepayers
sod tradesmen, considering that injury would result to their
business, and that property would be also depreciated, held
one or two meetings, and went in a body to protest against •
the proceeding. Mr. Roes, who resides in the read, at owe
gave notice, amidst loud applause, that be woad move at
the next meeting to remind the reeohition altering the name
of the " Hampstead-read" to the " Harringesa-read."
SERIOUS ACCIDENT ON THE RAILWAY AT PRESTON.
—Late on Wednesday night an accident of a vsny serious na-
ture caeurred on the Lancaster and Carlisle Hallway Com-
pany's line at Preston. About 11 o'clock the train from the
north of &gland to London, Ishii* wee due at Prestos
at 10.40, but which had been delayed on the rood, was
proceeding along the line Dear Waudland-bridge, when a
goods waggon, which had hero placed in Messrs. Turner's
coal-siding by some means or other broke loose, and ran
into the latter portion of the trai:, smashing four or ire
of the carriages and a van, and seriotudy injuring many of
the passengers. The person who received the most aware •
bruises was a Preston traveller, named Notice, whose arm
'Mother parts of kis body were much lacerated. Mr. Pen-
riee's Noe, a boy about 8 years of age. wall also mice c
hurt. It is not exactly known whet caused the waggon to
break lees. _

Guitar Weser.aN RAILWAY.—Tbe directors of
this company have decided ea reseawnending to Use pre.
prietors, at the ensuing half-yearly oogga dividend at
the rate of three per cent. per imam, les ,a
balance at
about 17,0001. to boomer:ad forward to the sett half-year.
The Channel Island and Portland Submarine
Telegraph Cable has bees out of repair sow fez some con- ,
tiderable time. Telegraphic communicant* has been seta-
hatted between Jersey sad Leaden, by way of °outman's,
LL's, Bane, sad Dieppe, • distal's ofnO Wks,

IN FUN THIS WEEK, One Penny.
W. 8. Liadasy. M.P.
Mrs. Grundy". Go pings
The Boar and PAimed Pole.
Metragotilan YOWL,.
Ahmaaack mad Diary.
Primo lima" dc.

Now ready. handsomely bound In magenta cloth, gilt, price Ss. Id.:
post paid M.,
Ilia SECOND IiALF-TFAitLY VOLCIU of FUN, with mimes-
°. I.),:ni rings by talented artists. sad articles by distinguished
waiter.
The Volume. unifora.
se, m with the Beeond Volume, on sale.
oasc /fSsasdeeet.

SEOOND-HAND PIANOFORTES.
GRASSI; BLUM sad WOOD have a kw amortamat
et meuml.hand Plaadorha b 7 the iamb allmord Mal ere, M
with roamed prima —SOL .11.hamaMilva.

nit enartoo•

ro 0011EIPONDIIIMI.
A ivertifewonto totow4wl tor The logroow" Landon Malec
Paper. Ula4t M at than ogle% U, alcoodwwWwst. by Two
o the dwy of publiwoblos.

tiqyzlrr OARDIIII..

THIS EVEICIIIO,BATAiIaIi. —iessraParrso, Santley, and
B. Corti . Mims S. Dobson, Thiehroll, and A Fyne.— And
HARLEQUIN MUTT AND THE BlLAST.—Coodnetor,
Mr. A. Ilenast—Oosoasesos at tan minutes to 7.

Mil Cram& OUR ;adEWAN COUSIN. Mews. Sothern
and bnck4one . Mrs. &Lswilllara. —MAMMAS PRINCk OY
LEMON lA. Mr. Compton and Miss L. Keeley.—And OUR
MARY ANN& Mr. Clark and Maw Margeur.

PHINCKSTS.

Tom Evaanga. LAW v. LOVI.—ONZ GOOD TURN DESIIRVSS
ANOTHKIL Mr. i laxly and MIN Amy dediprick. —And
RIAI'KT WITH TRW SOT! : or, Harienaln and Mother Shiptan.
Malan. Milano, IL tower, sad Watford; Mir A. Collinaon.

LyciFum,

THT Ereciria, A SUDDEN ATTACK. Maus. Widdicomb,
Garden. And Shore; Mu Konrad. and Mrs. Lee. - And THE
DUK C 9 U4)TTO. Messrs. Feebler, o.l7lalng, Brougham, and
Raymond . Misses C. Leciereq, K. Term, and Esworthy.

BRITANNIA.
Tzo. Vanua the Pantomime, ABON HAMAN. Urn Lane
Bairn trans, Lads, Newham. and Ildlle. Celeste Stephan
Tom Sayers and his two performing MARY
BONO:ISIS:0BL —Comatenos at halt-pest