The Express.
London, England, 1852-01-29 00:00:00

THE EXPRESS, THURSDAY EVENING, JANUARY 29, 1852.

Kato inttateence.

EQUITY COURTS.—Yarmaty.
Bums vas Loess lverten w kersai.
Ix as WM111116.-1)1 BANIIII:PTCY.

This In; 41;kra at the
court upon the questlea, whether a peas( towdered la the
bankruptey by the trustows et the mirkya settlement ed
the haapt had been properly minded -by the sessmis-
Wears. The prod twisted was for SOK, Wag a set
whisk the bank.upt bad ememated to put In settlement
upon hie marriege. The esemaiodoner bad rejected the
rook on the renal that at the time the maniene wee
eastrasted the bankrupt was embarrassed, dad on the eve
of his bankruptcy ; cad that. therefore, the settlermat
mast be Mimed as a fraud upon the bankrupt laws, sad as
made with a Mew to withdraw a paths of the assets from
the creditors.

—iitrilibaptor. arrested to sapped the settlement, and Mr.
James Dacca for tie sseigases of die bankrupt.
Their lordships wen of opinion that as no fraud appeared
on the fare of Ow settlausast to butt beat Intended upon
the beaknipt lawn end the sottleusent was sot of a cha.
meter so extravagant u to warrant a suspicion of such an
intention, no ouch intention could be presumed u against
the wife. The proof, therefore, would be admitted.
The coats of all parties were given oat of tho estate.

Boom nu MUM °VII= PAU^
SOAR r. DANDY.
_ _ _

The Muter of the HOiliigaveitignent in this ease. It
was a redemption suit, and the only question involved was
whether the decree should be so framed as to require the
mortgagee to account only for that portion of the property
of which he really was in possession. His Honour remarked
that there were no precedents in the books for such a de-
cm, but he thought it would not be reasonable to charge a
mortgagee who had bona tide entered into possession of a
portion of the mortgaged premises with the rents of that
of which he did not take possession, and the decree must be
accordingly. He was desirous that his judgment should
not be supposed to go to the extent of a case in which a
mortgagee finding a portion of the property troublesome
would not take possession of that portion, but it only went
to the present ease, in which the mortgagee had entered
bona fide into possession of such portion of the premises
only as were sufficient to pay the principal and interest due.

THZ ATTOILNLY-ORNZRAL 0.
The scheme settled in the Master's office for the manage-
ment of the treats of the will of the testator, John Mill-
wood, made is 1654. was submitted to the court for appro-
val. The testator gave his estate upon trust to be equally
divided between the school of Haverfordwest and the Xing
Edward Grammar School at Birmingham, and to scholars
to be sent to Brasenose College, Oxford, from those
schools. The estate yields • rental of 2801. • year, and
there is a sum of 4,0001. paid into court from a sale of •
portion of it, besides an expectant sum of 6,0001. It was
now proposed that two new scholars should be elected, and
that they should receive 501. a year each fur the four years
they reside at college.
After some discussion, the decree was approved of, and a
decree taken to carry it into effect and to pay the 4,0001. to
the trustees.

Rums Tacs-Caasesim Team.
GRAND, I RUNIC RAILWAY IL BIIODIN.

This cam, which has already ociapied the time of the
court during so many days, was again resumed this morn-
ing, occupied the whole slay, and was again adjourned at
the rising of the court.
Mr. Holt and Mr. Selwyn having been heard on behalf
of the defendant Brodie,
Mr. Hetherington, Mr. 11. Nicholls, Mr. J. Bailey, and
Mr. Kenyon were heard for other defendants. They
argued that the payments complained of were made in
liquidation of the sums slue for repayment of deposits upon
spurious scrip, and therefore the whole funds of the com-
pany must bear the toe., which could not be charged against
those particular directors who signed the cheques. And
they likened it to the payment by one member of a Arm of
a cheque upon the firm which turned out to be a forgery.
They also argued that the proof of fraud, or of such a
neglect of duty as the court could take cognisance of, en-
tirely failed ; and that under the circumstances no account
could be decreed against these defendant,.

COURT OF QUEEN'S BENCII.-YKSTERDAY.
ecretep. Bacon.—daroas LOAD Camrsits, Ms. Jyrnex l'Arrrop,

II a. J rams COLIMIDUZ. *SD Ms. Jug-Tres Wsourrage.

Tat Quilts (ON THE PROSZCHTION Or THS MAISQUIS
Or BYJPTOL) THE TITUS COMMISEIIGNSISS FON ENG-
LA ND AND ALIS.—DIKPVTZD UUSYTION OE TITIIIII.

This ems came before the court upon a demurrer to a
return to a writ of mandamus. It appeared that after the
parsing of the Tithe Commutation Act the• commissioners
proceeded to eff et a compulsory commutation in the parish
of Great Halm, upon which differences arose between ct•r-
taia landowners and the vicar, in consequence of which the
award was postponed. The commissioners had had notice
of the differences, but had not taken steps to determine
them, and the writ of mandamus directed them to do so.
A return to the writ had been made, which set out certain
proceedings in Chancery in 1843 and 1844; and then went
on to state that in 1812 a bill was filed in Chancery by the
vicar (Mr. Bingham) against certain occupiers of land in
the parish ; that a decree was made in 1817, in favour of
the vicar; that the occupiers of land, with the ex-
ception of the impropriate rector, then acquiesced
in the payment of tithe in kind to the vicar;
that in 1819, Sir John Farren, the impropriate
rector, filed a bill against the occupiers of land, and the
vicar claiming the lamb and wool tithes fur himself ; that
in 1821, the bill was dismissed withicosta ; that the commis-
sioners, considering that these decrees established the prin-
ciple that the tithes of lamb and wool were payable to the
vicar, &dined, in June, 1814 (in reply toe requisition of
some of the landowners of the 27th of May, in the same
year), to make the decision required of them ; that in the
' same year each landowners obtained a nile nisi to compel
the hearing, which rule was made absolute in January, 1816.
The court held that the return to the writ was bad, and the
commissioners consequently made a final award on the 21st
February, 1850, which was confirmed on the 28th of the
same month.

Mr. Cowling, who appeared in support of the demurrer,
submitted that the return was not a sufficient answer, and
the award was void, inasmuch ea the commissioners had not
heard and determined the question whether the tithes were
payable in kind, or whether there was a mottos for them.
The landowners contended that the tithes ought to be paid
to the imprupriate rector, to whom a modus of one shilling
per acre yearly might be rendered in lieu of the great tithes
and tithes of lamb and wool. It was not a question of
title between the vicar and impropriatur, the dispute being
between the vicar and the landowners, as to the manner of
payment.
Mr. Moral appeared in support of the return, and was
about to contend th.it it was sufficient, when
Lord Campbell said the case was one of wine importance,
and the court would look into it. At present his impres-
sion was in favour of the return. If, however, the court
thought it desirable to bear Mr. Bovill notice should be
given.
Judgment deferred.
PRENTICE r. litTTON.—Tea OUNDLE BREWINO

record in mecodatme with the advice of Misr coeditors, to
peanut Mr. Pease& obtaialmi ea endue adeastage.
His Hoscoer mid the b=sassappeand, bs be • WI
orasalmesa ; thee. his migict eaalde
carry sa fanniai emesestally, it sertaisly Was lest
fee a leader, in wide! opacity ha ems babes lb. short.
Being is pesseados a/ as same dm SAN, be is
1846 parsbend allalls 9.1111. It was ass lb* ha
could matiars to pay Wing sa Ma eau erbiab it was se-
=be knew 0111100piets this ham. la refeshe to
ea essiisaaseat to Mr. Peacock, hie denied had
been seeritorioun It was, however. very different in re-
spect le payments to his ens children. It could not be
nensidered anevaidatie thee the basktapt bad purchased an
seta* with swab btadegaste owe ; w the contrary, it was
a most improvident parches*. The esetileate would be of
the third-elue, to be suspended for is amatics, with pro-
tection (renewable) for ono month.

INSOLVENT DEBTORS' COURT.—YastEaDAy.

Batman rigs Criss Oasourseuesa.
MAyrica or JANIS ATKINS, ins YOUNGIA.
This insolvent wee opposed by Mr. Dowse for a creditor
named Walter Taylor, and supported by Mr. Cooke.
It appeared that the insolvent and a person named Mason
opened a beer-shop and eating-house at Knightsbridge in
consequence of the Cheat Exhibition. The house wes
taken of Mr. Taylor, and a shed converted into a refresh-
ment room. The sum of 2101. was to be paid, and Mann
paid NO/. down, and subsequently a quarter's rent was die-
trained fur by Mr. Taylor. According to the insolvent's
account, when he was employed at Sayer's, Mason left the
premises in August with his tamily. and ho had not since
heard from him. He returned some of the articles to the
parties who had furnished the premises, in order to open
the mime. lie said the concern was nut so prosperous as
was anticipated.
The Chief Commissioner heard counsel, and expressed
himself of opinion that there was nothing in the case to
call upon him to prolong the insolvent's imprisonment. He
was ordered to be discharged.

MIDDLESEX SESSIONS.—YurgaDAT.
Baromul M. Si*asNT Mune. ANIISTAXT AMTS.
The court this morning took bail ewes.
ARAM:I.TM° AN OPPICIft.

John Spetght, 23, pleaded guilty to an indictment in
which he was charged with an wattle upon an officer of
the Whitechapel County Court, in the execution of his
duty.
Mr. Ballantine appeared for the prosecution, and stated
to the court that the prosecutor received a warrant to take
the defendant into custody, and after searching for him for
some time he at length found him in a public-house The
prosecutor quietly culled his attention to the w t, and
the defendant having desired to have a cab, the prosecutor '
went to procure one, when the defendant rushed after him
and struck him several violent blows. Afterwards he de-
manded to see the warrant, and on its being shown him he
snatched itout of the officer's hand, and tore it up.
The defendant said he wall a bomb•boat rower, and
knew nothing of the assault as he wu drunk at the time.
The learned Judge said the prosecution was a very proper
one, officers must be protected in the execution of their
duty, but as this uaault was not of a serious nature, and
the defendant was in liquor at the time, the court would
pass upon him the lenient sentence of fourteen days' impri-
sonment with hard labour.

THE POLICE COURTS
DOW-STREET.
_

Alfred Coterie was inally einiTinetion tweets' charges of
forging and uttering admission orders on various mctropo•
litan theatres, and committed for trial.

George ('6rti-chil,Patlisliee of The Lancet, wan cunt-
' mooed for neglecting on three separate occasions to furnish
a copy of that periodical to the manager of the British Mu-
seum within a month of publication.
The defendant having admitted the facts, said that the
oversight had been occasioned through illnem • and was the
first time such an omission lied been imputed to him; he
hoped some allowance would be made.
Mr. Palmieri, keeper of the printed books in the Museum,
said that it was seldom necessary to resort to such a course
of proceeding as publishers generally were aware such neg-
lect could not be tolerated, besides the defendant had been
furnished with • letter pointing out the consequences of
neglect, of which he took no notice, at the same time there
was no disposition to press for a severe penalty.
Mr. Henry said that under the eircuinstatiets a penalty
of one shilling for the omission of each number in addition
to the costs would answer the ends of justice, which the de-
fendant immediately paid, and ho was discharged.