The Express.
London, England, 1862-12-01 00:00:00

COURT OF EXCHEQUER.

Sittings at Nisi Prins after Term at Westrninstrx—(Before
Mr. Baron Martin and a Spacial Jury.)
CIA= V. THE METROPOLITAN lAILWAY COMPANY.
This action was brought to recover clematis for injury
dose to Iwo house at Cow-cross by the works of. the Under-
graded Railway.
Me. E. James, Q.C.; and Hopwood 'were counsel for
the plaintiff ; Mr. Manisty, Q.C., and Mr. liuddleston for
the ocesimaY•
It appeared that it was necessary to divert a certain sewer
in order to construct the railway tit Cow-moss, and- in ow-
selptenee • the excavation for that parguae. the homes
of the plaintiff- were so damaged as to require entire
rebuilding.- The alleged negligence on the part of the •
defendant* was that they had brought the sew. sewer tee
near the houses, when they could have taken it in another
direction, whore it woild not 'have affected the safety of the
buildings, and that the houses were not coreplepily and el.
lettnally shored up before the excavation. The works were
executed for the cowpony by Mr. Jay, the contractor, anSt
it appeared, with the sanction and under the superclean of
the Board of Works. The expense of rebuilding the house ,
was estimated at 1,2001., and the defendant claimed 701. tis
csainpenetion from the company, the difference being the
increased value of the property after the rebuilding.
Mr. Manley, on the part of the defendants, submitted
that the contractor who did the work was liable for any ,
injury done to the property, and sot the company.
Mr. Baron Martin held) that if the convey employed •
oontractur to do certain works that did not relieve them ~
' from responsibility for the general mode in which they
had been tamed on. It Might • relieve diem him
liability as to a partdeuler piece of negligence
' such as that of a workman of the contractor, whereby dee
maga was caused, because in a ease of that kind the relation
of master and servant would apply. In the present in-
, stance, however, be thought the company were liable.
After some discussion,
The learned Judge said he thought the sum claimed wee
a very fair amount, and it was only common justice that
' the plaintiff should be compensated.
A verdict was ultimately' returned for the plaintiff—de •
magas, 7004

LIAIDT r. BROX HOLM&
This wen an action for libel brought by one medical man •
molest another. The plaintiff livedat P althea, Middlesex,
and complained of words uttered by the defendant reflecting
seriously epos his. profeseional reputation.
Mx. Rerioant She., who appeared for the plaintiff. ail
he understood that the defendant was prepared to odersa
ample apology, and in that cue it would not be ucceesary
to proceed with the trial
Mr. Henry James, on the part of the defendant. gave the 1
unqualified retrectation required by the plaiutiti. end
A verdict for the plaintiff, with 40s. damages,w...,t‘ken
by coasent.
inTIMAN V. WISDRA/d.
The plaintiff. Mr. Bramston Bateman, • livery stable
keeper and job master, carrying on business at Rsdnor Mee;
Paildingtou, brought this action against Mr.
tl'iWaw fro-
derick Windham, late of Feibrigg Hall, Noifolk, to recover
a sum of Of. lfis. for broughams supplied to him fur the use -
of Mrs. Windham. The &dissident paid AM. into court"
and as to the rest pleaded never indebted.
Mr. Huddleston, Q.C., and Mr. Lloyd were counsel far
the plaintiff ; and Mr. Kerslake, Q. and Ir. D. lions
for the defendant.
The carriages were supplied for the use of Mrs. Windings
between the 31st January and the nth February in the
present year, during tho time when the inve-iligUion
was
going on at Westminster as to the state of Mr.
Windhanes mind, which it will be recollected created oue•
siderable sensatleo. The plaintiff stated that when he
sent the broughams Mr. and Mrs. Windham were living
gather at 34, Claroudon-gardens, and that on nee OCC11,111) he
met Mr. Windham in the street and asked him to pay the
hdl
when he said that he was to send it in to him, and that if
he found it all right ho would pay it if it were i 4
adding, he wu not quite broken yet. He aeon iu the Lill
but it was never paid, and the present actiou warn there.
fore brought.
[The trial was proceeding when our report Mid

COURT OF BANKRUPTCY.
(Before Oisnmesionsrs Bolroyd and GottlbOTO.)
SUSPC4BIOX OF Till 111 W ORDI:14 A$ TO !TM.
The two learned commissioners came ou the bench
WMr. Commistioner Holroyd immediately said, be much
regretted that a mucouceptiou appeared to roved
respecting some duel:Mom which he was stated
to have given to the registrar, proprio motet d
to the fees payable on de own petitions for ad.
judiestion of bankruptcy, in aims where there was a
deficiency of wets to meet the expenses, and where the
debtor did not come before the court in forma pauperis.
The facts were these. It had been represented to lion by
the register of his court that the messenger of the court had
I beau mach out of pocket by the advances be had been mild
upon to snake on mob petitions. He considered that that
ought not to be, and ought to be died, and he ioformel
the registaar that where there woveno availing assets. the

debtor aunie4to thetas* at sera pcif&on and net in 4
firma propenµ the snm ,leposited with the vanewsger
eiouN be sufficient to cover Om neeeeeerzez
rent outlay under the' baokruptcy. The
stated that for that, pupae 84 would be required is all
eases where the cktite *ere below 3001., and 101. in than
where they were aboveffillif. Havre the origin of Lie area
Sion to the registrar for the increase of the deposit. After
what had taken place, be should consider it proper to nose.'
nusicate with the Lord Chancellor ee the. %hien., and
be would do so, in conjunction with Mr. COISMiIgOINIt
GOUBNITN, se won as might be eooveuisnt 'to hie
lordship. In the meantime he thought it better forth. sow
winger not to depart from the former practice. He would
only add that it would be gratifying to both Mr. Com-
ainvionor Coulbern and himself if a course could b e
mied to meet the neotenary charges in bankruptcy that
might be satisfaetury to all parties. He wee sorry that he
been prevented by indisposition from nuking thiseur
uounceinent as daturday.
tic Commissioner tioulburo said be entirely concurred is
what had been said by Mr. Commissioner Holroyd, end ie
the worse which he proposed to take.
(Before Mr. Commissioner Coulburn.)
_ IN RN A. R. BLENNHARN.

'The baultrapt, formerly a merchant in FenchuMn.strent,.
applied for hie certificate under the old act, the ix. nkruptcy
haring occurred in 1869. The liabilities were trowarets of
22,00 W.
Mr. Barton, for the assignees. recommended the ease to.
the favourable consideration of the court.

Hs Honour said tee case was a remarkable one. The
bankrupt now applied for Lis certificate tinder au :old
bankruptcy, to enable him again to coins bef ore the court
in that character. The report of the edictal sasignoe under
the first bankruptcy showed that the eneercred deists
end liabilities ware upwards of t2.000l.„ Summed
in . little more than a year anal a Mani[. The
Assets we returned at a little over 1,0101. ;
butchers Whelp no dividend, and mow would be any.
Oneensipwnenta cl 49,0001.. be bad resumed advanom of
The bankrupt had ben originally anciachitect and
'uneven, but he bad &access& idiat profession without sue-.
one, having commended widi.bis creditors and bees twins
insolvent. There had been uo dividend nwOor any of Mime
proceelions le April, llitiri,lrs bepui &MN raerOant in Lundom
being then insolvent is the anment orMf. Notwithirtand-
ing that, be bad had no dilficaby in obtaining debt to any
atimeat. In it months be bad beeir.inpplied with merchan-
dise to the amonnt of RAW. This he alt,oped to Calcutta ,
and Bombay, drawiug oa the partite, an( getting the bills
&Mounted. By ibis means he managed, to meet his owe
soreptessanter a while.
In' answer to the court, Mr. 'Murton stated that there
weild shortly be a dividend of M. un the estate.
Ri. 'Renew. said there was one trecsactioa which the
official assignee partiorlarly related out. In May, before his
failure, the bankrupt had obtained the tlisconnt of some bill
front the Mercantile Bank of ledia. undertaking to deposit
with then maim hills of lading ; this be-did not do. but allfiti
thdt the bill, of lading bad been lost, though in
thl,y bad Loren deposited with another party. HM .7=l
traSuttiens amounted eu bri,oool., di which only 9671; had
been "wooled in its cash hook, and there were severe!
thousands which could not be traced in the hanlceerbtield.
The oeurt could never moldy that &man like this bad
acted in conformity with the laws of bankruptcy.
Ivies ales Wooly Asa 11.611 to pines himself in a position
to proceed v ith his mooed bankruptcy, and so get out of
prima The uew act contemplated no refusal of certi-
ficates beyeed three years ; and as the bankrupt, had now
been longer than that period without Lis certificate, the
court would very rolustastly grant it asof the third dam.