The Express.
London, England, 1852-11-13 00:00:00

RAW intelligence.

EQUITY COURTS.—YE3TUDAY.
DOOM 1= LOUD Cusesuna
EAltelao7 v. ROOSlD.—titfirTtmu AVIS 111 •
This ere, whisk was put beard ea a tome da wm
becoasht es a settelastea. lt lessen appeal fro, 'r"
Oise-Clutaesliee Putter, of the 9th of 1- • ...ere° °'
which be enteeed that the plaintiff ". 'earth, 183'2, by
lamed that seder certain evehn. - bill, Do tar Ca "
th• *Wilt booms taboo- • ..I"'r have eoine to pass,
moseys, end alas ...so to ors the trust feuds suit
-41:‘.1 hind -tat, stated in the pleadings,
should be 11 heed . • and a declaration wee mule that the
deteadeelet TliP*.esltatt .soa, so the third eon of John
Ufirese 112117fasee,heessrA entitled on the death of the firer
000 of OW said Mr. J. H. Harrison, by virtue of a shifting
eladre eentisimsd in a Settlement made on the marriage of
the father of the said J. 11. 11 union aloud the 10th of
-December, 17111, to the hereditaments limited in the settle-
ment of the second and third and other eons of the mar-
riage, in priority to the first lon the issue of that montage,
and also to the stock, fends, and s. euritas and other pro-
perty, assigned in ICCu of the ems, by the exercise of the
powers of sale and exchange cantina d in the settlement.
The plaintiff in the wait, Mr. Yoke Harrison. was the
second sae of Mr. J. H. Harrison, and now appealed.
The Lord C•A•C..i../f. is using judgment, said tints%
the settlement one estate was conferred on the first
other sons of Mr. J. H. Harrison. and souther on the
second sad other son., and they ware not intended to be
united. It was pr .aided that if the world or any of the
younger should become the eldest or only sou, he should
be entitled a, such to the first estate limited to the brat
son, and then that lb. settlement should become void.
law second son, by the death ut the elder brother, beam
en. itled not only to the best estate, but also to the alour
estate luuttcd to bum so the second son. U. was of oriel"
the r. ion, that the events had happened which sassed
sh.ttiag clause to cuts* Into operation, and that aelibit
Lon done by the lather and the eldid selea
sutferieu a rearvery, or charging the estate with eine*
sage. peevented %la original settleureat from befog es
operative as before. He therel.lll confirmed the decree,
cad disallowed the appeal, but without eoeta.
JZD --.AtiTTNIWIrIetTION OF • CEUTIFICATS or
BANIIIICPTCT /ISt USITIM STATIC!.
_ .

Mr. ilad7l:nmuved to shlain the Lord Chancellor's sane-
ties to the authentication “1 • certificate of bankruptcy,
dated is 1813, wader the authority of lard Lidos, in order
that it naieht be received an evidence in a cause in the ftu•
prime Court of the state of New York. This was ren-
dered Deo marry by an Am-rirao statute, which deelared
that a eettiticate in hankruidoy, in order to be receivable is
evideece, must be authenticated by a certificate under the
band of the person who, for the time !mine, had the cus-
tody tit the great seal in this country, and who must, in the
certificate, mate .be nature of the constitution and jurisdic-
tion of the court of which he was the yudge.
The Lord Chancellor declined to do that which imylied
his writing • treatise at. the constitution and juris-
diction of tho Court of l'huncery for the Information of the
Anier,can courts; and, even if hi had been inclined to do I
that in furtherance of the rat. of justice, he did not think '
he was called on so to act in a ease in which the fiat had
been smut d forty years. Ile, however, pave leave to make
further inquiry into the matter, and t. mention it again.
Its Tiltilleg, A I.l'Siailc.—WMlT INDIA ESTATFA.

la amuse, which has been .o often before the court;
and in which a large amount of property is involved, both
is Jllllllll.lOl and tl,i. country, a petition wu presnited from
the committee of the mastic for the appointment of an
&god to go out to the West India to inquire into the situ'.
tics of the estates there, and which wu opposed by the
consignee., who arc large creditors. The cue was not
coneludid when the court rose, and will be renewed this
morning ; and we therefore reserve one report.

Scrota rem LOMA irrrtess w Arrant.
CATOtt r. Rawls.

This war 'claim by s tirst mortgage, for foreclosure of
mortgage, which was tiled against the in,rtgagor and sere.
rat subsequent ineumbraueera The hearing of the claim
was brought on bet. re the L.rds' Jostler', who cemented
to take it for Vice-Chancell re Stuart, to whose branch of
theeourt it was sUach,4l.

Mr. Denney, for the plaintiff, applied under the 48th
section of the recent Chiscrery Art, 15 & 16 Viet., e. 86,
that a sale might be directed unwed of a foreel-sure.
Mr. Murry and Mr. Kerslake appeared fur Ow other
parties interested.
Tune hedships neeorillngly directed a sale, and that the
proceeds thenof should be paid into court. nay also
directed that the aecuout. s'onald be taken of what was due
to the plaintiffs and the other inewsibraneen, according to
their several and respective pnunties, reserving farther
directions and acts, with liberty to all parties to apply W
Vies-Cliaactllur Stuart.

Barons rut Y4•raa or 7A Rou.a.
Is its IgovtiN.

This was • motion to discharge en order of the Muter for
the payment to a perm named Fee of • sum of 351., which
he had found to be duo to him from the estate of the late
Mr. Mnyloa, judge of the Westminster emit. Mr. Moy-
le'', in October, la.), took the benefit of the insolvent Art,
and this debt was entered M the schedule as being due for
wages, and the amount was put down at 301., whereas it
was 351., and was the balance due oar • bond. On that
ground it was contended that plaintiff's estate was dis-
charged from the debt, u the Insolvent Act provided that
the person and estate of the insolvent should be discharged
from t m debt unless the maimr afterwards entered up
judgment, which defendant had not done; and, in fact, up
to Mr. Moylan's derb, which took place in November,
1846, Fee took no steps whatever to recover the debt due to

The Master of the Rolls said as no judgment had been
intend up, the elaimaut's right of action was gone, and
►is remedy wee gone also. Lie was, therefore, of opinion
that the Master's report R/4 erroneous.

Baron Itteaxstancassos wa thairours.
Wititataux .. STILLIIOIIIII.—PIACTIA WWII 15 and 16
Vtc., c. 86.
This was a claim filed for specific performance of a con-
tract entered into between the plaintiff, as purchaser of an
estate, and Wide as the agent to the defendant, the vendor.
The defendant repudiated the agency of Wilde, and the
plaintiff now soaght to have *Ramses easmhsed, viva Yoe.,
ander the din mummy power reserved to the court by the
general orders of 7th Antrast Nn. .S 9. By that order it
ens. provided that ia snits in which hese had been Joined
when these orders tams into operatics, the evidence to be
used at the besting shoidd be taken according to the exist-
ing practice of the court, unless the parties should 'vase's?,
or the covet should order, that the same:shonkl be taken in
Ow UMW pees 'bed by 1 i and 16 Vie., e. 86.
Mr, riolt and Mr. Bevil' appeared for the plaintiff, Sir
Wollials P. Wood and Mr. Webb for ths defendant

Has Holum said the question was, whether, bribe ease
lad stood on bill and answer, the court would have directed
an Inoue, for, unless that was the case, it would sot, under
the sew practice, proceed to the eurainatiite of wheeler,
viva vote. He thoeitht there was sot sialleittat midtown in
the peewit ease to have enabled the court to direct and
issue; sad therefore he mold ant allow the namiaation of
vitalises upon the chasm of what might come out by that
MOM.
Mr. Itolt thee asked that the ileitis might be diamiseed
without prejudice to the right to file a bill ?
Hie Honour told it was not s cue in which be could allow
that course.

games Timex...settee KINDIMLBT.
PLTki O. Pink,.
Mr. ll[alias haste Smoked kis reply in this Cu.,
The Vme-C reserved has judgment.

Boas barCa•scourt Deemer.
PRACTICE UNDER THE NEW ACTS.
Lama... Lawil.
Mr. Forster applied to the court under the following eir-
camstances:—A bill had been filed for the administration of
the estate of • testator which was contiassed by several rep.
elemental bills. A decree for sale had been made, but ao
steps had been taken Maas the yew 11i48. A creditor was
now desirous of prosecuting the suit, and asked for leave to
do en without Allege bill of revisor or supplemental bill,
and by an order of the court ander the 62nd section of the
15 it 16 Vie., c. 86; but
This VierChearellor thought it difilealt to say what was
meant by the weeds the usual order "in that @mien.
Ile was, however, of opinion that the present case did not
come within the claim, and that the proper corns would
be fee the creditor to servo notice of motion for leave to file
• supplemental hill.
Rn Tas PIINNANT AND CIAIONIIN MINING COVENANT
AND Tea WINDING•1:1. Acre.—VNN2l.ll CANN.
Mr. Selwya appeared is support of • IDIOM that the
order of the Master, is windiap op the above company, re.
Utah'g the maw of Mr. Fenn in the list of contributories,
might be reversed. It appeared that the company was
formed and carried on on the cot-book principle, with err.
tain Fisted regulations, of which the 21th was to the effect
that any shareholder might determine his responsibility by
giving tootle* in writing to the purser of the company, and
twos depositing wi'h the purser his transfer of shares, and
signior • relinquishment of claim on the company
in respect of such shares. It appeared that long
prior to the order for winding up the company Mr.
Fens had availed himself of this condition.
Mr. Itosbergh and Mr. Morris, for the °Reis' managers,
submitted, that although for some purposes the clause might
be operative, a shareholder could not dispose of his 'Wadi
ties to the creditors of the company in so summary a way,
and they suggested that there might be many heavy liabili-
ties of the company is this way left unprovided for.
Mr. &toys, in reply, suggested that Mr. Fenn left the
company in poAsewsioN of assets morn than sufficient to meet
the them liability of the company.
The Viciethancellor reversed the decieieo of the Master,
sad ordered the name of Mr. Fenn to be struck oat of the
hat, with Mr. Foam's ewe in the Master's altar.

COURT OF QUEEN'S BENCIL—YIRTERDAY.
Swung a 11.00.--Bandu Lem CautruaLA, 1114 h., CALA.
aa►q r.. Joeric. Wumermum. YO Kt JOIT/CI Tam.
BALLAON •. Ilaaa■ BAT Pisa C RiORT TO

IMMO ACTION OX BOND.
Usage tits Herne By Pies Company's set of whammed
they aro gotberiesit to loiss sway by buses, sod this ens
...51h. bombe by see etas beeelbethea The question
ban the evert wee wham, the beedhebbe emit bibs ea
man wart the •••apay wee Me lend.
' Me. MEIN. ea lbw lees st the eetapley. esatiemlei
Ugh albs mead be beeeibt, sal NEM epee the weeds of
Me ea., hbleb stale tbet th• pongee to wheel the eleaeltho
lbemis mood ebeehl be gine Amid be =entitled
te hilea es lb. Mb, ea, of tbe peter-
11Mfly seem of ibs pin* of ibi=if Ile ompoiNee.
WSW Am( Whin is MY% asi Asia

lu';gaest, bs would obtain a priority over parties whom the
Vetere intended to tome in pari pane.
. Addison, fur the plaintiff, relied upon the 11th sow
ties et tie company's net.
Lord Campbell mid the ones was upon the defendants to
shoe sore. ding in their act taking away the risht of bring-
lag su acti.n, and the court was of opinien th. y had nut
deem so. Whet the oonsenneme might hu when Judgment
was obtained. it was not for the Court sow to decode.
Jethro's% for plaintiff.
Tun Blavuu OP 13111WICi r. 06WALD.—LIABILITY OP
Su KETT. _ .

This was another action-ar;sl;ig out of the same facts as
the action of the " Mayor of Berwick v. Kenton," reported
in the Daily News a few days since. It will be reeollmted
that Mr. Murray was formerly treasurer of the town of
Berwick, and YU his taking that taloa certain parties become
sureties to the corporation fur him. Ile was appointed
under the d and 6 William IV. c. 76, (the Municipal
Corporation Act) under which a treasurer was to
be annually appointed, and to render an account
within three or nails after the expiration of each year. The
7 * 8 Vict., cap. BJ, enacted that the treasurer should hold
office during the pleasure of the council of the town, and
contained u 5 provision as to the accounts. The defendant
wee one of the sureties, and became bound while the ata
tote of Wan. IV. was soil iis force. It was contended, on
his behalf, that the effect of the Act of Victoria was totally
to change tho eharscter of the treasurer's office, and that
therefae the defendant was not liable to the corporation.
The bond signed by the defendant provided that he should
remain liable during the time that David Murray should
continue treasurer, in consequence of the election of the
Town-couned„ " or under any I or other future elec-
tion." The Town-council coo, tocel that the words "or
other future election" were sufficient to bind the defendant
under the new circumstances introduced by the act of
Victoria.
Mr. Madill, appeared for the eorpor.ation ; Mr. !Hugh
Mill, ta.C., and Mr. Watson. tI.C., were on the other aide.
The Court took time to *moister its judgment.
Iluaingss or Till COVILT.
..

lard Campbell usire ;notice that the court would to-mor.
rem aad the (Mowing days proceed with the new trial
paper, alter going throsgh the ;special paper. The court
rase at en earl) hour, in order W assist in making out the
list of grutlenou eligible fur the office of shenff for the
amain year.

BAIL COURT.-YESTPKDAT.
Ilmrsikpa a Balloo7baroaa Ma. Jamas Cram'''.

Es PASTS CIAYIIO.—NIBULIWIII'S MT AK ATToRNIT, A
gI:SSTIO7I PUS A Jose ANu 7405 51.1 71711 MACTet
Mr. Ball obtained a vide some time sines in this ewe that
the M later should review his taxation, he having struck out
a Largo ruts on the ground of negligenne.
Mr. C. Pollock appeared to show cause against the rule.
Mr. Justice Crompton said he thought the liability was •
qua,tion for a jury, and not for the Rueter.
Mr. 11411 said they would go before live gentlemen in the
County Court, who would settle the matter.
Rule absolute.
Tun QUEI47I M. Tuna. POTTS.—ELIECTIOX RIOT.—CIIIII4