The Express.
London, England, 1855-04-26 00:00:00

THE EXPRESS, THURSDAY EVENING, APRIL 26. 1866.

SAW *

said that Ite emit set deal that Ma sliest had originally
takes the 100 shares bat wittiest say authority from has
the somber of share we rediseed to 3.600.
The teamed Judge said he did sot thick the mussel
could make myth*, of that. lb did sot believe that them
was 'upside, from which it could be inferred that the de.
fondest we sots member of the Ofildrra. It was just like
goods nippilesi to as ordinary partnership, and it appeared
that the defesdast, like everybody sloe, had iresesrmil in
what was dew.
Thejszy feuds verdict for the plaintiffs for the amount
Maimed.

moons •10•411WICILIAla IR AM IMAM
MOSS IP. TIM oats wins= ZAILIIMT COY-
LINT.

This was seek by the et Mr. Kw lama,
deseosed, Se have seasemle later between Oen
sad the Cheer Warta w.aayp dispeay is respeseef very
effseretee eallrey mei eyi.awias weeks pothered hy
for Ur OSSIWON,.= usher epselei eeeterste, sod partly
witty:Ail, sat to of wider the plated& this to tw
oredieces ef the emegesy to ties aortal of *beat 250,0001.
The sat imeireered ablest elikt rue dale, sad aow
are ea le be WEL
Bir ram Kelly, with whoa was Mr. Bssalpers, ap-
posed 118* the *label:Ws • Mr. Lod, sad Mr. Vattiltas
/charism for defendants is the erre lateens with than ;
Mr. Baas sad Mr. T. Sterns he the serpeay.
Sir Mary Kelly, at the daft ef Ile emu; bora to
epee the p ffs' case, and *satirised wal le. maul the
asst we.
Ilia satkipatsd that the 4WD will °soapy several days.

COURT OF EXCHEQUER. -Aran 26.
on To MID CE NADON, AND *ADM PAW. TLATT, AND
MARTO.

The apart was commpied all day with two cuss oat of the
special paper, involviag mere technical matter.
Ia the coarse of the ingrain", Mr. Beroa Martin suggested '
it would be a great improvement if the paper books delivered
to the Pidgin were to be lithographed or printed, as the pro
seedless is °hammy now were. According to the present
plucks, seek attorney in a ass set down fit eminent
delivers in two copies of the case or pleadiags, called paper
books, sad which, by being dulfetently paged, mums infinite
trouble to the bench In their attempts to allow the quota-
floss of enneel.
INTTLIPOS AT 111111I_TIRIS AT 191.111TWIT0.VIZTOSIIII. SAWN

PAM WOW.

GAS) 11.
The Vies-Chaneellor gave judinaint is this use., and said
the sole question was as to the east et a setiammeat made in
the year IBM which. after ands lissitstime whisk had
determined. the hied is quietism " Os all sad every
the child er *wady bees sr besets.. is be ben,
of Felix Reload mid hie Wm" The sinamstaases
were that at the dais at the setemsest there were several
illegitimate &Ursa at M. and Mn. Behead, but there wen
sot the., sad bed met been slam, say legitintase children.
The marriage bed takes gimme Am yams before the settle•
meat, sad the wits wm elm slater to the settior. The diffi-
culty in his stalked mime from the paella, words of the
settles at, "already bora or bereaftw te be born." Two
=ltioas wen quite dear--Ant, that me illsgitisutemhild
ever take under the word"chili..," if there
was say legitimate shill who meld take ; wooed,
that illegitimate middles weal bike if they were
pointed at by weeds whisk amid sot be ow
eased la say other maw. There was a Minutia'
betwess a trill sad a sattiemeat If • testator made a will
whisk was mot to operate till bb death, and inserted them
words, be would be startled to be told that in the ~et
the penes not haviag any legitimate Wickes, any illegide
sate children he might ever hum. or ever have had. mean
be let in. Bet a settlement operated frost the meshillt si
its ezecatiou, sad children ties la ease wadi take meted
interests Mouse. Se did sot me bow say messing scald
be gives to the words " already bees," assert by spplyisg
them to the illegitimate alarm. AY *Nolen, ea the
whole, he sat some tithe eseduelea that they were en-
titled, though be could met but admit that be had some
doubt.

- -
AMMON AND CONDON MUM
This was the first day of the woad sliders in Middlesex
in the present term The list °Destined only 26 new maw
ted two rummies, ell el whieh were disposed of st as emir
hoer—Ming for the most pest undefended; with the emen-
d= of two, which were postponel until to-morrow (this)
morning, to salt the convenience of the parties moaned.

DOUBT OP BANKRUPTCY.—Apan. 25.
3KIP NZ. 0010011101112 SOWLIIIIII6
IN BB 7. CARSON.

The bankrupt was • merchant of 15, St. Helen's-place.
Rill amounts sztead from January 1, 1863, to November,
1854, and contain the following knits :—D•btor t Unsecured
creditors, 20,4881.: ditto holding security, 26,8831.; sur-
plus, January 1, 1863, 2591.; profits, 8.8031. Creditor: Good
debtors, 4301. ; doubtful, 7241. : property surrendered, 871. ;
p= held by *Mita' s, 39,7644 ; trade inpsane, 4,1281. ;
p
eapenees, 1,8581 ; loans, 7,7111. This was the
flortligate imeettes.
Kr. Li/Water appeared for the beak:apt; Tilleard
Ithe awitinees.
It appeared that the bankrupt was a partner in the bean
id &EMI sod Co., which failed for 100,0001. in 1847.
The property heid by creditors omelets of consignmests to
karesena.
Mr. Tilleard said the bankrupt had traded without capital
by seam of purchasing large quantities of go ids and pawn-
ing them with the Oriental Bank foe bait the pries. It
had been a coarse of trading which could not possibly m-
ooed. It was with him, " heads I win, tails you lose.'
The Commisidener—The inures of trading was one that I
have been told over sad over again is this evert is a twee
atm seearreeee, although, I mast say, that I ass never
reermelle it as a course in accordance with either eneemes
ease or imam Justice. The bankrupt is this en hill se
larger eespitel than 2504., had, in an year and tee seethe,
eastreeted debts to the amount of 47,0001 Such a ass
has so right to say his failure has been in any degree Mi-
ldewed by unavoidable loss or misfortune, and he may eon-
alder himself very fortunate if he gets an immediate outla-
nds of the third clam. The personal expenditure of 1,200 i
a year has not bees warranted, although the bonkrupt has
e family oil,. Andrea. The bankrupt's conduct has been
highly reprithessible is beadles so largely upon so small a
capital. H. tattled the firm of Phillips and Co., with a
good repaleliss; bet eight he to have then embarked in
trade to each as 11011111111110111 amount, giving one half of the
weaken easerity end leavlag the otben nothing ? The
bog., was Mem and mid only end in ore way. There
is the laserenble eiremestases that the books have been
well kept. Its eameidaratioa of the length of time that has
elapsed ADO* the bankruptcy the bankrupt may receive
' as immediate imetiligate, but it will be only of the third
clam.

COURT OF QUEEN'S

MITTIM DI SANTO.-- MOM LO%D cutruu, AND MINIM
WIANTITAN. MM. AND CAMPTON.
'

THI 1411311 e. 11110111111• .—TII WATERKIWe 00/LEANT,
In this ease, Angina ;Robert Edmonds had been con-
victed under a bye-law made under the 67th section of the
7 sad 8 Geo. IV., e. 75, an set " he the better regaled.
of Wanness and Lightens. on the river Thames between
' Yantlst Creek sad Windsor." The wanedon took place
at the London Quarter Seedoss, and a case en facts speed
upon was stated he the opinion of this court. By the 47th
section of the set in question, the mayor and aldermen of
Londe. are empowered to make certain bye-laws tee the
regulation of the company. The EBth of these Mese...
that "if say freeman of the Company or his appeisfiee, it
an apneas'ce to the widow of a freeman, shall -set at work
to row, or permit or suffer to be set at work to sow, or la
say manner navigate say lighter, boat, or ether craft,
within the limits aforesaid, any person not being a freeman
(apprentices ezeepted), he shall fort. it a sum of tot more
than 401., end not lees than 10s." It was proved at
the Quarter Sessions that Edmonds. who was • freeman,
had a barge on the Erd of April, 1864, within the limits
assigned, whisk was under the mann of one
Cliieee, who wee she a freeman, and in which was en-
*yid one William Sergeant, who was sot a freeman, or an
ties to a freeman or the widow of • freeman. For
this :relation of the 38th bye-law he was convicted in the
penalty of 113 e. ; and the questions now for the opinion of
this court were whether the bye-law was a good bye-law,
and whether the facia jellified the emviation.
Mr. Scotland appeared in support of the conviction,
arguing that it was justified by the facts, and that the bye-
law was in itself • reasonable one, framed for the public
benefit.
Mr. Haddlestone conneded that the bye-law was bad in
the first place, bee.se it was inconsistent with the statute
under which it had been framed ; and in the next place
because it was in restraint of trade, no special custom being
averred.
The court took time to consider their judgment.
TIIIII7III r TI111L1L—" WeeTllll Paton."
This was a cam stated for the opinion of the count. ma
appeal from a decision of Quarter Sesaions, ceder the fol-
lowing circumstances. The appellant had been convicted
of having infringed the 37th section of the 7 and 8 George
IV., e. 75, the Watermen and Lightermen'a Act, b 7
working and navigating for gain and hire a certain barge at
Putney, within the limits over which the act extends, he
not being a freeman of the eompany, or an append. to •
freeman. The bare. In question is of the kind known as
" western barge," used in the conveyance of goods 'fres
the western pert of the country along the canals, and is fat
bottomed and narrower in Reconstruction then the Thum.
bane. On the ;mend occasion, however, it was laden
with goods, the property of the Great Western Railway,.
carriers, which had been received by them at various places
along their line, and were being c..esignsd to their deader
lion. The eppelleat, who was emp'eyed by the railway
company at • weekly salary, had the command el
the barge from Brantford creek to Putney, mislabel
by two other persons not freemen. From Pitney the
barge was towed to Steel-yard Wharf by a free water-
man. By the 101st notion of the act western or win
country bargee plying on the Thames were especially
exempted from the operations of the act. The ninths for
the court was, did the facts support the conviction t
Mr. Scotland, in support of the decision of the Quarter
Sessions, contended that the exception was not intruded to
apply to a class of boats which had been diverted from
their original purpose, and were worked in the manner

TN Al DAVIDSON AND GORDON.
Moro was a mooting in ibis use, bet awarding to
opplatatios the protoodisp wore takes in private.

stated in the ciao.
Mr. Bramwell, for the appellant, tweed that boats known
u western barges were exempted from the provisions of the
act, however employed, and that the apt slant being •
servant of the company, did not work for gain and hire
within the meaning of the statute.
Lord Campbell said nettle the case aims within the ex-
ception of the statute applicable to western barges, it was
quite clear there had been • violation of the 37th section.
Row could it be said that there bed been no infringement
of the act, because the plies where the voyage began was
not within the limits of the act. 'lien it was clear the
appellant was p Flog for hire and gain, for he was paid for
his labour by the company ; and it was immaterial by whom
he was paid so that he was paid. Plying for hire was one
offence, and working for hire wee another. As to the arga-
meat that the barge came within the exception, he was
clearly of opinion that in order to bring it within the excep-
tion, the barge must be a western barge at the time of the
alleged offence, and neither ita build nor former empley
mild have anything to do with the matter unless it were
so. The appeal must therefore be dismissed. •
The other learned judges coneurred.
Appeal &maned.

COURT OF 00)LMON PLEAB.--Ann. 25.
MIMI DI 1111.11016—M0113 OEM URNS JRIVTI. MI. :genes
csairwau. 111. MAIM WILLIAM. LID XI. MOTICZ 0110W1M14
IMMIX 9. TEII (M 42 N 0111131.11 RAILWAY 007/LPAMY:

This wee as emits to remover damages far injuries sus-
tained by the *MIA se lipers:Vlthrough the segligease
of the delesdasts im sot lighting their statism et
Barash The tem wee tried esemineter a day or two
ego, before Mr. Janis, IlweiNarts
_thejury au that taw
saga gave • 'utile for the siMe-dimaiges 201.
Mr. Wawa, 4C., sow moved ter a sew trial, up=
the wand of alkalinities, mad ale, to arrest the jadg-
meat. He stand that is dm math of November last the
plantar took a rotary debit to wry Ms from Loudon to
Emmet sad bosh, sad tint kelsehhig te lean Emmet by the
7.6 S p.m. teen, he wind at the MMlss two muntes before
that time. He baud the train wed**, end the bell ?W-
-WI, and be hunted to got awes the roils sad iato the treks ;
but he mimed the pathway mom, sad went too fur dear
the Bas, sad na naiad a switch beadle with each violence
that he Sal, and severely braised himself. The leaned
jingo dinned the lug that they ware to con-
sider whether the iteiat bad kappesed la nu-
sequins of aegligesee on the part et the
pay, or or whether it bad bete sassed satiny by
should hale
tbe planar, maligns, it was now submitted that
hetold the that eves If the (gelatin had
entribated by hie coma to the amides; without
having been entirely the sum of it, the defendants wen
sanded to the verdict. It was also submitted Viet there
wee mo legal liability ea the company to light their stating.
Parliament bad made various regulation as to pinks into.
nets in mimesis with railways, bat had made so regula-
tion upon this subject ; sad if the courts should take as
themselves to nuance any novel ran of liability me to
runway tempanse, very great immanakee, would malt
tram it.
Hale gaoled.

111111.101 LT AI TT11". 111

ism. seems

____ .
4WD • WICKS MT.
RAMP AND OTRIIIR IP. PARTON.-

AGAINST •
LILY To • MAIM
Ws was sa adios for gear mold sod delivered, sad the
delhadeat anded sever indebted, red prow.
114. lafreat By wed Mr. Kayseri appeared for the
sal Mr. Meriasse Bala, 40.. ad Mr. J. J.
earkerwere he air dasedera.
The *la& lide an were aserehaats, sa they sad
as didawdest as a elrearhelder la the Beet Wheel Var
, ream the pries et gear sandied
reilliZmaisCpalelliV ass was *5l he the
et rebraery ad the Da ef
=llhe mesa a Mi. Is. Md. babe Iler they
Orapar, the deadest lei, at the time a hada
aWI &maim the swam The amber of shares when
delhaisat Pins& *5 war taws! 10,000, bat the
amber was •ANIPINiIo slosh
At the deed el the pladlitoase, the dehadiatie eassel