The Express.
London, England, 1851-01-08 00:00:00

!Lair Entellmence.

INSOLvENV DEBTORS' COURT.—YESTLIWAT.
berm' Ma. Conoursosxs rutuir<
IN it TUONLAS 14AYULL WALLIS.
This itsee, which appeared in our peter of Monday last,
again same before the coot. The insalveoh, who said he
was advisee of antic, wee lately musical dimmer at the Po•
lyteehals Institution, and to the kits of his situation he sari-
bated his iamb", ney. He was opposed by flee creditors, and
it wu alleged that he bad been Messily ►nested In oleic to
take the ben. fit dike act. lie Gaoled that the arrest was a
friendly promardisig, and mentioned Beale circumstances with
the view al showiag that it wu very hostile. The detaining
creditor, Mr. Shelton, now attended, and admitted that it
was a friendly arrest.
Mr. Cooke, who opposed, prayed the dismissal of the
petition
Mr Dawes, for the insolvent, urged that the court had
penman, allowed friendly arrests where a debt misted, as in
this our.
Mr. Commi•eioaer Pi.illipe said he would never entertain
a petition minded on false evidence. The insolvent had
declared that it was not • friendly strut, which it now
tamed out ti have been, and tklendefe he Monti demise the
petits: n
The petition ISA aerordi•gly dismissed.
Ix RS Plana STIPM6/1 CACIPPIL—EXTILIOADIAART

_ _
CAss.
The eircomstarces of this saes were of an extraordiaary
Ousitt ir. This insolvent had b-en a batter at 13 minds '
hem. 11. hed a Etc en his premise', and received 470‘.
from an insurance office, and immediately abeconled to
Amnia, and was soon al terwuds followed by his family.
lie alleged that he was robb• d io America of neuly 4001.,
and came to Eng' end is pursuit of the thief. His ceedimes
board of his snivel, sad Mr. Wood, a hat manufacturer at
Mancusaier, aau a largo creditor, vis2d the insolvent to
be arrested on • judge's order. He want to Loom/ter
Castle and rti• kited the court. Oa his hewing he wee op-
posed, and it arpeariag that he had aim :waded to America to
delraua big crecilon, be was remanded for a period of it
e dander mon hs. Befog in prison, Le applied to this court
for an 1110‘1.461 of 41. • week from Mr. Wood, his detaintag
sodium, and male an affidavit that he was in a butte of du-
litotes., living on the county allowance.
lie. UJCILI, on the part of Mr. Wood, read an affidsvit
showing that the insolvent was not in dammed Mecum-
stLOnel. Oa the heariog the intolvent pleaded poverty, and
on her welting desk being brought into court three eoviersigas
and acme dollars were found is it. It further appeued thet
M.. Wood hal be, off. red 201. to discharge the insolent*.
'ibetclors I. vies submAtoi that the object of the application
ergs out en ell :wane but to get his Übe' ty rrotalsel an
allowance was orut ran ant 1101 paid by the detaining creditor.
Mr. D.Olllll, on the put of ere insolvent, contended that ft
was • eau for an allaraece, and retied on the sffidavit made
by the inerivent.
Mr. Caltraitsioaer PbiUipe was of opinion that it wee
got a Übe foe the interferences of the court, so so to order
Mr. Wood to cyntribates towards the support of the jowl-
cwt. The athletic of the insolvent ems a meagre one,
and the *di iota on the other aids bad answered the case.
Thsteloro the rule foe an allowance must be discharged.
Toe 614 IVO smovdisgly discharged, and the insolvent
remains in condiment.

WESTMINSTER COUNTY COURT.—YEsTERDAT.
ralriole ?WIC= Barron, Tea., Jews.
DAVNI r. LICLIM OACIUSTIA AND
The plaintiff sought to Te•eter the sum of 81. 16e. 6d. for
arrears of salary for performing in the orchestra of the
Lyceum Theatre from Joao 30, 1649, to July 28 of the same
year; from June 11, IeSO, to Jose 21 of the same year;
and note Noe. 9, 1850, to Des. 13, 'MO.
Mr. llelaseare appeared fee tae plaintiff, and celled Mr.
Frederick Rune, who deposed Mot Mr. Mathews had
engeged him as leader of the orchestra, and instructed him
se segue aa Aldan eorpe of musicians. In pursuance of
these instrecti ens, be engaged the plaintiff as ueond horn,
at a eatery of If. la per week for the tint two seaaons, and
which was raised to 'l.ss. per week the third 10110.11. Ho,
in his csincity of leader of the band, paid the musicians,
when he could got the funds from the ternary. (Loud laugh-
ter.) He did not make himself respossibie to pay the bead,
w s not customary; and even if it were, he mild not
base got an orchestra under such eircutnatimees, they well
knowing he had so property to pay them. In consequence
of Mr. Ma' hews repeatedly breaking his promises to pay,
the whole of the bead bad Isle
Altattorney, who appeared far the &Widest, said his
deletes was simply that his client was not liable, aid
attempted by (TOW, zsasioation of the witness to show that
he was the person to whom the unpaid meocbers were to
look to for payaeat.
Mr. Eames said that he received 281. per week to pay
the band, whe n he by chance got it. (Laughter.) Recol.
leet, d all refining ea play on the 14th December. Mr.
Mathewe bad in ea told teat such a course would be taken
at least three weeks previous to the refusal, bat the precise
eight was not wined. Mr. Mathews offered the whole of
the orchestra 41., which was, of course, refused. Mr.
Mathews then said, if we would come to some arrangemeni,
that as the seasin of 1851 was likely to be a good season, he
' could pay es all ep ; bat they could nut Duct to hie word.
It any of the band ware absent, the missy was deducted by
the treasury.
By Mr. Delamare—Mr. Mathews apologised over and
over again to the band for not paying them, and before
the whole orchestra alnerved that when managers were
placed in difficulties, it was g Ily the band who deserted
their hoards t, bet his orchestra bad behaved indeed
very loyally to Mo.
Tie plaintiff having deposed to the statements of Mr.
Lance, said he raw Mr. Mathews privately when he come
to apologise to the orchestra for their sneer of **lazy, and
told him that it erase hard cue for their wives and familiee,
and that be bed always broken his word with them, and
was not to he trusted. Did not look to Mr. Humes or any
leader for payment—who'd have thought of such a thing /
(Laughter.)
Ilia Honour sail it was clear the defendant was liable to
pay the claim, and he would give a verdict for the pkintiff,
with cuts.
The Attorney for defendant observed that there were two
other similar actions, and he would accept a like verdict in
each ease, and pleaded for time for payment. Here the
plaintiffs and the whole of the orchestra who were present
loudly protested against any leniency being those, as the
bowie was now taking 2001. a eight, and it the money was
n t paid now, they might never get it, and they bad been
thrown out of an engagement through the defendant. As
there appeared a probability of 22 similar actions folLeeing
these, cud it betag stated that the gross amount due to the
band was 2P1., his Ilinoar ordered 21. per week to be paid
in each ease.
The court wen crammed with members of the theatrical
profession.