The Express.
London, England, 1852-03-31 00:00:00

Karr lintetiteence.

HOUSE OF LORDS.—YEnUnAT.
Annus now tut OMIT O Saaiio. u scomass.—Saress Tios
LIMO CIIAMII.IIOI. 1,111. lisocomus, Lau CANIIIMIL, MD Loss
Boa TO".
TYII RDINICZON, PIATK, AND DUNDZI RAILWAY
Column O. Livas.-1•14D CLAUILI CONSOLIDATION
Ace.—Juposawr: _ _ . .

-
This is se ap ei from interlocutors by the sherif sued-
tuts sad of the count of File, sad by the Lund
Online* sad First Deign of the Cosa of Beatles. di-
valesing as inesetwegat a pm itise presented by the mpg-
nisei the sheaf sabstitue sisbesZtiajaey trials renew
to the vase of cane teidtbe
Mr. Leven, writer le Winn
by the appellants in vbtee of rimargebsty posies sew
tend is their act. The question evolves Ike agenestisa
of awns sections of the fond Classes Cseedidaliea (Beet-
11A, id, 8 9 Viet., c. 19. By the likh midge kb pow
Tided that if any party entitled to a essepesnatiesta mope
of bed shall dre to have the amount determisied by •
jury sada of his desire is to be given is writing to the
promoters of the tiltdo the nature
of the Worse is mieltrutt aed dge ,moist of
sinned • " sad neon peemellues
01.111Veislis edgethise he willing to pay the seseest ef esat-
pareatige se eisimed, red shall enter into • weitN• agree-
mat kr Ihal pvpom ; time, within 21 days she the re-
ad daq wsh wen tram any party so ostided,eti‘t
sbell. edam the tisestion shall previously have ne g
to be seeded by arbitration, present their patina to the
sheriff to enerson a jury for settling the some in the maw
nee hereinafter provided, and is default theme they &di
be Ban to pay to the party so entitled se sagmaid the
anent otemspensation so claimed, and the same may be
resevered by him, with costs, by action in an sempstest
arart." Ths 37th sena meets the whisk
seed be lane by the ming sampaer is maw We peewee'
the gampassaties Aimed by the proprietor has being bald
as emaissive agent is these words :—" Before the
tem=eof the shell present their tone
ntos nine • jury le mein; say ease el'
eampeastion, the amen aster thse le are esthete
tis akar party of dud: isteatias testae, sasiny es be sum-
mend. sad in such satisethepromottnefligisiedaking
shell ado what sum of moan they ere wding te jive for
Ha need is each beds magi' to be purghseed by them
bee seek party, sod far lie deem to be sesteimed by
him by the sweetieset the weeks." The Seth pewees
for the prameledne of the ponies, and that *shell be
seised by the secretary or peeper gam of the sseperation
or osrapsay, er by the pre meters, or soy two of them, if
they be not • eumpaey or empwation. On June 12, 1846,
Dlr. Leven, under eeeeiee IS, gave notice in writing that he
claimed 2,2001. es the peke of the ground and buildings
proposed to be taken, sod MIK as compensation for injury
to the remaining part atter property, and that in the event
of the company not agreeing to pay these sums, the amount
would fall to be Jett rmined by a jury. The railway com-
pany maintained that he was not in a position to avail himself
of the rights for which he contended ; but they subsequently,
on the 2nd of July, presented the petition in which the pre-
sent proceedings ongsnated, but without the preliminary
notice pointed out by section 37, requiring that the railway
company " shall give not less than ten days' notice" to the
other
_party before the presentation of the petition. The
sheriff, on the ground that ten days' notice had not been
give,,, dismissed the petition. The sheriff, the Lord Ordi-
nary Robertson, and • majority of the judges of the first
division, successively adhered to this decision, which the
appellantsnow sought to reverse.
woe a second appeal by the railway company against
an interlocutor of the Lard Ordinary, adhered to by the ,
first division of the court, finding that the neesseary statu-
tory steps not having been taken, and no competent petition
having been presented within the period allowed by the
statute, the company were liable to pay the pursuer the
amount of the price and compensation claimed, and decern-
ing in terms of the libel for the sum of 3,0001. with costs.
The Solicitor General and Mr. Monerief. of the Scottish
bar, were heard for the appellants ; and Mr. Bothell end
Mr. Brown, of the Scottish ber, for the respoadent
The Lord Chancellor in moving that the judgment below
be affirmed, said there was no doubt as to the treseseetrue-
tion of the act. This was one of several cam in which an
attempt had been made to put a violent eartredise on a
very plain act of parliament. It would never de to my that
a court was to legislate end cut nee plain weeds win ap-
plied to all cases, because they *IOW PAW il•Fro t°
on bear hardly individuals in a partisan use. t was
said that the provision of the 36th lodise wee a purl one.
It might operate hardly in arse, bat there was meshing
penal in it. Supposing the 37th seed= to be
the 311th where was the haedekie sr itie dilleally et even
straggles ? It was • pugs segb 4adsd ge peseeet new
enisai litigates, and Wel.- the redid ie to their
terms, gad thus pgetieltlhe asenft awes to • ory.
He tiewskt this ON sum pesisiady arellnplated by the
act. >M had es doubt that the *th smudge reed the
36th, aed the the Seth was equally appilsehis, mil that the
were, therefore, bound to give the tee days' make
edenshl y
em they were willing to give. The esseed appeal
met she be dismissed ; it was • case which did sot appear
Ito him he unit of say defence.
Leeds Brougham' and Campbell having expressed their
ooserapseas ia thejedgmest of the noble and Wind lord,
The were dimiesed with este.
Thee NM at three o'clock, to attend the com-
mittee et die nee ou appeals.
Great ismausernes wee felt during the day from the
state et the ventilates. The beam was frepseatly filled
with lie meet piercing bids af saki, and odds.. attempts
were meads, but without mask gessess, to obtain a more
impose attemphere. The bides seise peened by the
vestastieg apparatus, whisk ma as bed as dm Wier of a
locomotive at the station. at nese seedy drowsed the
voices of the speakers. The beisem before the nage was
also several times interneed by the noise mai by the
workmen apparently employed ea the roof.
EQUITY COURTS.—YesTrADAT.
Anon ens Loam James. or APPEAL.
Is as Creams°.
Upon the application of Mr. Bethell, their lordships gave
leave to place is the petition paper of Friday next, a peti-
tion to stay all proceedings under the commission in this
maid r ding the traverse which had been granted by the

BIRMINGHAM BANKRUPTCY COURT—
YlaTilaDAY.
lams '- ta Damn.
RCP/0/1 Alta Tfition's BANCIMPTCT.
I Those bashmaskettempo.pseluere I. tim late banks et
tem le this amiss on
datierigir motilissim; *my were opposed
by Me. of the OMNI Mead% es the
the esolgems; sad WM?. sligatawra.rowasMor, toe dittoes.cr
Mr. T. B. Jure seppsweed
Before the Mime of Ms amillims tesseing wits gone
into, Mr. Wriggle eras eei seithe to sortahe drum
stances MI trimastimm with Mean. Glyn a few days
prior to the bowitnaggey. Arassaas to the bonkrupt's as
• Ms immege Mit Mot by to
; he had been in
Ludas, and tad interdeme with hi asseespeedests on
mural oemaions is the ma immaiiaitely preceding the
hsakruptey. Oa the WeilliallitY (the day mi'm to
that mat) be saw lii. Oly a and Mr. Mills,
who said that in team the receipt, at meet
the was to be paid, and they requested far-
ther 'deuces ; Wragge "greed to give up hie alums la
the Ram Luseddre Railway, bookie rersaming
and he left Lucks the same night without say Lel=
Meru Glyn and Co. would not mot the domande ea se-
eetut of the beak on the fallowing day ; the seat mends(
178r1=4,27.b.sietnrat theartleirray share
notes s by pared to
witisimegg,
stepped lot-
At Me tiose Mr. Raied, M.P., bed said that they
weld visor that wok they 'Meld be able Is if
go es.
The.. woe bid en the Idle This. inim Om assure is
detilef Mr. liellerd'e expense es he dais
sewkiiejileenest
of Worcester, in 1847; the learaslessmide
that it we sot worth while to puha Is them, far the pal-
Madam of " mere swims eiripik." a taw of do met
empleseer he.. vain the dialog . beide he thus aer
Sellab ere theredere inky *via; they may be a mord tie seaservetive .edabea la Seem ,

--Ttereat curious little item in that Me 0 bills wme the
&pm.. re Om we danced to ley on heeds upon ; it vas
" carrying tail. 162." : raiser a one& inedboi
this of up the stray voters ; then were es Ime nos
Wasp *sewn elan, at a ma •••71:11 Owl
OM to . nob ; the 1111, diabase • population MOW
Mamoore thaa 30,0 n WialsMints, yet .4 Os nation 0 a
menstin me is. then onentrout pointemel
wen employed, besides s bens/dens -',etas
ewes. One tootommen's little bill hi bearers was wither
heavy : then wee ass largo bean, Odegal 101. ; two lasts
silk ditto, 164 ; w its teas, 174 ; Ter ell, this emeust
wee SOL A law stationer dames Ulm gefeeet Ise Wm.
Wend • don sr Mee on Ilminme of the eisetioa leo
eentiodei the registration ed 1647 a gentleman greed
=Msends Ina Amp of 441. 10s. 7d. The " prates.
Y generally wore se the usual election awls :
notoiner
Angolans, mak" 3 3 0 I
iliz &ye' allemionesan:rismatose and
row 3l 10 0
Pen dons am the lebetrkes day
The enentoon broil gentisonen outplayed seat is bills
see wiry Ilk* the hiessehe. Prom the satin as. of se-
waiste we have oodeseemeed le make up a swag, whisk
gime the result under the wet important heeds of charges :
Divas £lo6 6 0
. Pralemiesel " shone.
Pubilesme bib
X is end person for per et time,
Mesas.Oehlisighent, a bill for a similar 737 6 6
pompon l3 6
Pagan onl eseetabite ll2 10 6
Flymeo bib 67 19 6
W/184811 1 67 10 0
20 19 6
Ind 2O 0 0
Conennee4wross
32 6 0
=ead Instionery B7 0 0
77 Wag esl= even ser 16
10van. l6l 2 0
Club melba ea tharehos
Sub en a Sw wow lb, bum if 4 6
esposeo at a Ireseeoser
doles ; do boolum a>! et puma umployal to 21
ail her. Mel Is shot the MIN*. it ski me bostr
min t one et Imo hew It weell be laanalsiglia
agliesd,, 64 kr imoneo. the tww•Sneldilik
dolatuourtme. awl
dhe apse et saw
et Ilim, tbees et Ibe *ln swabs as
au* a to Wise MY. lloas to mil
auk* do damp el Wm" law ind the pda• ,

algal beisiespers is Wereastor, though their tha was is Mr.
Illearwra !nearest.

Me. HsE ens. at great length, loud the parade spat
width the dest it incumbent egos thou 0. er
pose** of mertllleates to theme hosteenue, swot-
eiegy rega Mr. Freesia Rabid sad Wrath's
they did this (he said) is no rids of hutftity,
but in justice to the Omer* of vathrtaante
parr tiro had ealiaed by the realer worn
of tribe ti which dr boaltriplabad bra yelity. fir
theto theta era to the palls sew rogalood- that thole
beeltneta should bo aria as marls el. The Warr
geatheros wart ea to reviser all die larrnasher resealed
with dr heakiasts' 'mode of Outing,
nig boy.
waded, braguilty of grost otieseninot as frame. both la
W arthal apersisring aad talky with their oar
trwore• usar, rr I tank amity per riateetiest ,sa
wrho se their hears. tir pre Mar they well kao
they-were is a state of latrine isstshwasy. The Rum&
grove Bank was insolvent so rag data as 1840. It wont
ea
getting worn till the year 111411, whoa its affairs wore
beyond redemption; yet thaws beabvplsirchled la
relations with the drafters' roar.
epyod
the advice of Mawr. Arwood and flyearar is—Wr7P
all bed accounts. an at last gave up the lam WNW to
Glyn and Co., haying scarosly anything I. the err of a
wreck for the araillers. He ailMri that Mr. rugge's
case wu INA ours, thin the MD lelliali Kr. Francis
Rafted. Thu draw had loot mos maw of his own
this bath the other parties, sad as arra by his letters he
bad mamma to arch Ide ma r% widow" of spe-
onlation.espoosing '• his hole that ba word Mord more to
briars, and that their dIMWa would week • essoplete
sad salutary rewthatisa hit (Mr. Raillers) thwarter :"
orrially too had he trylarad his pular " sot to ran after
groat people." Mr. lishilowsa west an to point eat to the
commissioner the rasa stating inahror of the bashrapte
recklessness and sztrimmassot he bratorrad *air advance,
to Fardon and Gouge, awl the taiatfae Company,
which amounted to something like 1 ; Mr. F. Ref-
ford's improvidence in sitg kw repermentation of
Worcester at the time he was lusher to the extent of
scores of thousands of porde ; dllll &Mike of UM to the
peer in 1847 when the bash yr in the rid* of rarities ;
Me ruin that hot Men ado new dirareas by ferrying
ea collieries at a frightful lea; without aid bar the bask-
rapt'. own resourees to meet it He deounnuel the system
of concealment which Mr. F. Rufford bad >ftnsaod to allow-
lag the Brantagrove books to go on tad for year, at •
time when the bank was carrying ea at a loss of sons
12,0001. a year. All this had resulted in a loss of 80010001.
at least, Mr. Rufford having drawn out of the Bremigrove
Bank an less than 60,0004 since 1840, with 10,0001. of
which he purchased the Yew Tree estate, and handed over
the securities to Moan. Glyn and Co. The cue was made
far wore by the persistence in this conduct foe years,
although if the bank tied been allowed to stop in 1849,
there would have been available to the creditors securities
to the amount of 67,0001.. which had since got into the
hands of Glyn and Co. Justice required that the certificate
in this cue should not be granted, and that so far the
thousands of victims to the scandalous misconduct of these
bankrupts should be satisfied.
Mr. Elgie followed on the same side, and insisted that
apt* this moment the bankrupts had offered nu explanation
whatever on the subject of their conduct as reckless traders.
Mr. Junes, for the bankrupts, urged as palliative circum-
stances the explicit belief that Mr. F. Rufford had that his
sulations would turn out well, especially as regarded the
disc engine,which he even now believed would prove a most
valuable property for the creditors. Against Mr. Wragge
there was really no charge ; ho had lost his 10,0001., and
had dome all in his power to avert the evil. There had
been nee/ambling, no fraud; but bad banking only. The
bankrupts had hoped against hope, but they bad been
guilty of no such faults u that the terrors of the law should
be visited upon them. Everything bad been dune in good
faith ; his clients were guilty only of gross mismanagement,
and he prayed his Honour to pause before ho indicted on
them a penalty which emouited to civil death.
At the conclusion of the arguments, his Honour said—
This is a case of so much importance, nut only to the parties,
but to the public, that I shall take time before I pronounce
judgment.

ASSIZE INTELLIGENCE.
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HOME CIRCUIT.-KINGSTON, MARCH 30.
Banns ML &am Pm= AMU • Ammasa. Jam
HELMET v. THE SERI= CONSUMES OAS LIGET AND
.