The Express.
London, England, 1849-02-12 00:00:00

ILatv 3intefitstnte.

EQUITY COURTE.—SATtrium.T.
Before the Lord Chancellor.
WILL/"' O. TB/ &MITI liAlitiall RAILWAY COIOANT.

PoeSSMIOX UnDIR Tan LANDS CLAUand COXIOLIDATION
ACT.—Bonn.
The Lord Chancellor gave his judgment in this Gam,
which we an appeal motion to revive an injunction to re-
strain the defendants from proceeding with their works as
lands near Charlton, in Kent, of which the plaintiff is lease,
until they performed certain acts according to the proviions
of the actB & 9 Vie. o.lB—the Lands Clauses Consolidation
Act. The Vice-Chancellor of Suzhou' dissolved the Jejune-
don. The motion to revive it was argued oo Thursday and
Friday. Hie lordship said the queitian arum on the frith
section of the act. The company no, in complismos with
that section, paid a sum of money into court to cover the
value of the land to be afterwards sacertatAed, and then en-
tered into possession of the land. The-same action also pro-
vided for the giving a bond for further security, and the
question related chiefly to an admitted irregularity in that
bond. What he ban is cinsider was whether that irregu-
larity was sufficient to justify the court in continuing the
injunction to prevent too company from proceeding with
tLeir works- 1111 lordship, after referring to various eectioas
of the act, came to the conclusion upon them and on the
fasts of the ease that the injunction ought not to be issued,
and he refused the motion with costs.

Saki, b. TATLON..—SUIP RIIGISTRY ACTS.
His lordship gave judgment in this ease ales, which was
was an appeal hem a decree of Vice Chancellor
and was argued laat Apnl. The bill was filed by the plain-
tiff to establish his right to a share in the ship Victoria of
Charleston, and to set aside en alleged fraudulent sale of her
by Taylor, jointly interested in her with the plaintiff, or for
an meant of the proceeds of the sale. It appeared that the
ship was stranded outside the docks in Liverpool, and that
the plaintiff and defendant purchased km; but being Mea-
dow-built, they amid not get her registered as British, so
they seat her with a cargo to Ch saurian, to be there die-
posed of by a Mr. Robertson, their agent, and she was after-
wards sold as his property, se Taylor allegud. The bill
charged collusion between the defendant and Robertson, for
the rupees of defrauding the plaintiff of kis Mare of the
ship and freight. Bhs had made several voyages before the
alleged isle. The Vice-Chancellor made a decree for an
account.
The Lord Chancellor, in giving his judgment on the ap-
peal, stated the circumstances of the joint purchase by the
plaintiff and defendant, and dm attempts made by them to
evade the ship registry ads of this country. He also ad-
verted to the navigation and ship registry laws in commerce,
and, after observing that a knowledge of those laws was a
fad to be proved in this errantry, said of that he had no evi-
dence. To adjudicate on the whole question between the
parties, further information was necessary. All the facts
must be aseertalmd, to enable the court to do cemplete
justice, and with a view to get that information hie lordship
gave several very special directions, which it would be for
the plaintiff to exercise his discretion whether he would
accept them or not. His Lordship effirused the Vice-Chan-
cellor's decree.
Mr. Bothell, on the part of the plaintiff, add he would
accept the special directions as stated by his lordship so
necessary for the complete adjudication of the cause.
ALLFILRY v. ALLTSIT.—OLD ACCOC247B
This was a petition of re-hearing a dears made by the
Meatetof the Rolls far a new investigation of aceounts settled
and signed by the plaintiff in 1826. The plahetif was the
youngest of fear children, end was born la 1802, a
few weeks :after the death of Ids hasher, who war
a punier in a arm of winemerebste in Ewa:
The uncle of the children teak sat elsiolotiatioa to the
father, and in 1823, when the plaintiff oethhood his age
21, the uncle produced aceoulde of his silibleossUes, sod
plaintiff signed them is ISO. Rs, aftw nun years, diP
revered Iles the 11•11611.1 led beta frendelwatly prepared & ,
amid be dkd the bill WlB4B Mr lowans/My lan weeenter
the Master of the lea node a decree Isa tekbp then awn.
The &Emden% new we the personal repownotatiree of the •
mask, eppeshoi kern the whole deem.
Mr. Billie miff Mr. Mewl iron We
on Saturday in
lamed ell the degree. Mr. 1. Parker. Kr. Ilialop Clarke,
oatcaker cosase/, ere yet to be hand he the appellants.

Won the M irdNaßiße.
lltcatatz tf. Loacmia.—Dartorootrt saw Boma TO Dm
CLOIIII DTI 11111111 K POl INCOKIVTAX.
The Maier et the Rile gave (admit is this ems, which
was heard ea the letis als. The *kW imitated the
alit to set aide aa egmeemed whisk he bad mole with the
dthadmatta di ist I. it the pasisameithe
bellow el the letter. The pond be weft aside
the agresateat was, that the delimilit =Mil his
Wimp a heinr moth. awn opeeitsble it was.
The bin Ina died ht P Hid. The plidatif after.
' waybills& a sly aid*. list la Jail-, 1848,
thedelmdeut ataareassa Mesehiihmobaammiteloiste,
Usthhit its 'Witt the Immo hemide peshaira MM under
Lehharisdhasimad• •at the _heard die ad lama
had ahospiesaledimesolased lisheimes
Mthephitif,as he hadiJeWie/',lNl,MidsdlifloVha
M be ea* ham 1,0001. te USK. a you, ad la be aa
weft Wawa !The dehodmi iheaurred So the MU as
the pound SOU was sot limo& lo diesomi whit his tr
tam se• Ile esaralidenies 'rm.—TM: Make al theltells
exposed MEW Is be et this *aim, Ciertaitt ea
IMO impanel madi labs relmastor
WINAIIISIS, mad a War dismay void me lie
i-
to eimpol prim Se iiiiiiamom tibia eight red*
MOhm So ash peaddis. shisiiilhreiro slaw
Iminar— •
Mamma AMWAY "Ciaosio w IhatintsiaseAlpot•

iiiiirit ,1O- -Tibias7s j -
' Ria Imaiab aboleave judgment is tab ;osatobtalt vas
Mood in lamb& Ito bin was SO ayiltoMoOOt IMO
way anew warn Them& De &Nina O tbe lailt
Wistoisainso, mod *word liediorlFoalamte emai
Wahiawa, Wei lodshipie ezewdoto. In Jane,
mO,n
Os *WM won applyitrytt a=atalst be powers
who I bomb railway boa blastp
Ocitze se git pert it the settled motees
tt tax4a of
g a Arta called Kimberley of ONO
the Stamdent Dam was tnsant ; and on Oa 2ad, of Inns

1846. an ag:serest wee Wend into between the plaintiffs
and Lord Wedeboon to the duet that, if the bill passed, the
plaintiff wield utak ix moths pay into the Bank of
Ing'and 1,1111 kr amp Ira* of the settled leads act ex-
,•eding IS.salsa.
Alai Ike emery were to pay
compeneetko to the Inmate wises tenancy did i
not exceed mot per, sod Lord Wodebesso was
to settle with those who held for a lamer term.
IlaSsakel *odor a lame loasted ea the 11th et October.
18. kr fake pee& rills MS a neeptiatio• wee entered
late we the agent of Lord Wedishoue fort
erne kom 11Ib Oriaber, 1841, kr eight years. The
wit semi aka owebal Ober at a rest of 7701 or 7601 ,
weibialkg ee s to pay the tyke. or sot. The
their met paid the 6,0001. into the
book, eek k fiepteimber, 1846, they staked out the land in
the elitipollea of Hap" ; and is October they gave notion
to kips le best with hikfor the poreltami of his interest in
the boil le tioant fees ydr to year. He returned no im-
mediate monk lo tble kik, sod the sempany eat into his
hod. Lt Dotembar be elekted to be entitled to greater
ouiposealik than m luau from year to year,
▪ aseirikg to the evidence of Oilmen, Lord Wedehouse's
=he implied to him about the moss Woe for a lease.
an eedd -he wasidend that Hayes oily applied for a
bats of so mark of the fares ea was set token by the
sy. Oa the 4th of February, 1846, Lord Ws:Amami*,
Ilkpleneadvice of (Wilma, exuated a wowyease is this COM.
iacladiag the portion of the Kimberley Farm taken
; and he olio executed an Weston el lime to
width included the land tar the oblatiffs.
mid that to the beet of hiss Lord Wodehowee
unseated the conveyance to the company Ives, and that the
pordas of the Kimberley fans conveyed to them wee
by acoldest or mistake included in the leus to
Bayes. A correspondence took place as to the claim
of Ham which mien have been settled, but, after
a proposal had been made on the subject by the p!abs-
tiffs, Lord Wodalsouse died is May, 1845, and the settle-
ment could not then be effected. In Aurae*, 1846, Boyce
saved the eenspemy with a notice, warning then off the
lead, and is September he brought an action of ejectment
against them. Baps, by his answer, insisted that before
the agreement of Tad of Jane, 1846, was entered into he
had a valid contract far a leass trues Oct, 1844, which he
could have imbued. The euessors make no attempt to
correct the mistake made by Lord Wodehoust. But there
Wag this dispute between the a,-defendants, as to whether
Bern was =skid to • loam of the property taken by the
somploy, key hmisted that the plaintiffs were not entilled
to the protection silks souk But he thought they wen
eati'led to have it deelered whether the executors wen or cot
boead to psy the cuapeneation. And there mast be a refer-
ewe to the master to inquire whether Bayes had a valid
agreement for a brae on the tad of June, 184.5, with liberty
for the muter to ads special eireamenowes.

sue.. the

. of Zeeland.

82A7AP V.22201220T,-414PCSAL OP TX2 COURT TO
ALLOW • CAO62 TO BR POOTPOWID immorr TEI
COPARNT OF COUNSEL Ow BOTH 61222.

This was a motion for an injenrioTili restrain an action
at law up= curtain hills of seething. —Mr. Follett having
oarreel the ease fee the plaintiff, Mr. Bothell commenced his
on the same side, hot not having concluded at 3
o'clock the anal hoar at which the eosin rises, the learned
counsel stated that he should be obliged to attend in a cue
at the Huse of Lords on Monday, and requested that he
might have an opportunity at a subsequent period of
concluding his address.—Mr. Stuart, who appeared for the
defendant, objected to an
_y other ewes king beard before
the termination of this. He urged won tie ONO the nee
comity of adopting a rule that pore breed NM shwa not be
interrupted by the intervention el Mier dumdum Such a
coarse WAS precludes of the meat sale= Injury to
the suitors, and was a public scandal to the court.—
Mr. Bethel said it had always been the habit of
the judges to sooommodate counsel when they attended
the Huse of Lords, and he was certain the Lord Chancellor
would adopt the same wares. In this ease there must be a
break between Salirday and Monday, and it could be of very
little onseqaenee If the argnmento were ed a day
longer.—The Vice•Chanoellor said as re ed his own feel-
ings, he had always felt it a most serious evil to have the
hearinfof ceases stopped by the intervention of other bwi-
nes. He had sosetimm been obliged to hear several urn
of caws, and it was a moot inconvenient thing to have b at-
tention thus taken from one part-heard cause to another.
lie had always, however, made it a rule to accommodate
*ousel by postponing an argument, whenever the counsel
on the opposite side would agree to such a course ; and if
Mr. Stuart had no objection, be would do so now.—Mr.
Stain said that, with every dedre to effect a convenient
arrangement for Mr. Bahia, he felt that it was his duty to
his client to object to this came standing over.—T^ e Vice-
Chancellor considered that without the oonsent of Mr. Stuart
the court could net agree t, have the matter postponed, and
that the motion must consequently stand at the head of the
paper on Monday.

Baize ViCe.auilltenor KingGt Brans.
WYNN' V. PalCE.—Puacaassa or RAILWAY BRAN
HELD BOUND TO MOISTEN AND INDENNITY VENDOR
AGAINST CALL.
This was a bill by the vendors of 100 shwas in the Newry
and Enniskillen Rsilway Company, praying that the de-
fendant, the purchaser, might procure the shares to be
registered in the name of the latter, and might be ordered to
pay the amount of al's since 1845, when the sale was made,
and to indemnify the plaintiff against all 11:4111111 arising from
tie want of registering of the shared in the defendant's
arms. The defence was, that the defendant was a broker
and only boughtthe shares fora principal, se wee will k:own
to the plaintiff aid his broker. A further ground of de:ence
was that, according to the rules of the Steck Exchange at
the time of the coigne, a purchaser of shares was not
bound to register unless it formed part of the bargain that
he should do so, end that whenever a guarantee is given
that the purchaser will re;ister, the shares are sold below the
market price ; whereas, in the present ene, no guarantee
bad been given, and the full price had been paid.
Mr. Lloyd and Mr. Vance supported the bill, and cited
Shaw e. Fisher. 12 Jurist, 152. Mr. Russell and Mr. Lewis
were for the dere:idea*.
The Vice-Chancellor said he was surprised at lab a de-
fence being set up. If all bushier were so combated the
Stock Exchange must be shut up. The Lets in evidenee
effectually and completely precluded the defendant from say-
lag that there was no privity between him and the plaintiff.
The defendant must be ordered to 'register sad pay the colts
and to pay the costs of the suit. The defence was contrary
to teethes well as justice.

COURT OF QUERN'S BRNOR.—ff&TUIDAT.
Sittings ta Unto.
RuStILL e. Pailurs.—Btua or Rxrzemos.
In this case the plaintiff had disonintal several bills of
exchange obtained under the following circumstances. A
person celled Shupe, who possessed several valuable papers,
had sold them to Sir Thomas Phillips for 5,0001., the mount
being paid by ten bills of exchange of 6001. each, which
were accepted on condition of their being renewed leatil the
20th of November 1844 without interest. The Mill ques-
tion at roue, raised oa a special case, was whether Um does-
meats it question could be treated lolls of exchange. Ile.
Cowling having been beard for eke plaintiff, and Mr.
Pashley for the dsbadeat. the court deferred imiaBgraent.

Paces.—Defore Mr. Javelin Erie end a Mama Jury. •
ILINONT O. GROGRAM AND WITS INAL-111.10AL DISTRUI.
Mr. Rumfrey, Q.C., and Mr. reran, appeared for the
plaintiff, and Mr. M. Climbers aadthe Mon. Mr. R. Den-
man for the defendant.
From the opening address of the learned mansel, it ap•
peered that the plaintiff was a whoohnistres occupying
mammas la Behert-Miew, Chelsea. had the premet action
was bemOt to recover compelled. ea in damages foe the de-
feadauta keying forcibly entered bee aparlasoti and tekea
away meats articles of faraiturs, which she alleged were
her wrepeety. Upee the trout mama being forced epen,
Mho- Mkt" who did cot kerielferedde In theapartments in
qua was mat for, and a polleestaa wasetled in. The
Sambas left the fame end desks behagiag tc the plaintiff,
his the @shoo' was Mat up after the imbibed been eared,
eaft au opened age*
111106rom woo lien ended is sopprat of thaplaintiff's ease,
has whist ft appeared in Widen to the is* alreadyqued
that eine time Were the goods of the plaintiff .had
beta eeled. the had left the school. The plaintiff, inton-
e( erns hail, &pate had been ansstel by a
in the imams of hex whole's, aid sabseqamtly
tried at stt OeWal CalairdZoszt upon ackarge of idea
she was found ielleellett.
Mr. Chamblee ihr the defeats upended that the Bowie
reimilis %the Misdeals Irma actually the property ek•
of
heathen; wino had gam by the DUN- of Muter, sad
that he had left SOY premises which to the de-
feudist Geesbam the being owing,bat sT4Z defendants
were *mem ha foliewieg the gee* of Boater to
• ifonsasola Miss ha
tki _Mi.
*dist J
fa the SOL a swaiseed up, the jury retanted a
In *it case semi al was** broker employed
by Oroot:ile pat la the diaries.
a. Autrom—Figain
Mr. Salient Chadwick Jeer, end mfr. Charm*, were
counsel for the plaiadff ; end Mr. Whitelnant, Q.C., sad
Mr. Flowers, spread for the detesaleat.
This was a mean& mien brensitte rearm
daMiegel for Mee liaprinapanst. The feete(7.tericese
u stated by the Ismael aselent in his opssini
speech, and es beaus eat by she *videos*, were
these. The pilatiff was .a uramm. gaff the defeedant a
men sad nit snaideent mailbag en balsas
plass, Citreesi, sodas deelltleed Weber, 1947, the=
IA who wee emedmity emplereal * Oho defeshat 111
earwma, sloe mat *Din Ashton to be. pre its damn.
Itodia and Waters, la the Blieldriammod, by dee
ol ehtelded le ameba ow. The &kW cr;
easy sesismith him be a *ht met, bat talk aeriviieg M
MOM Zola and Waimea whiK two id the seeks was
Mad to be es ihmeraid that 18 d dim cast were AM.
The pleadill, hewer. Weight away oily 1T Jell make and
the ton onipitand, the ether dill oath being halt behind in
a adelekos us waft BlackftleasAridge, the Jidaft‘
glastaizzige ney to pay the toll with, left ate of the ow*
with theta wilemar. Whoa the wealiessf
m,..b. cowed Mahe dekradent'a pamaime wee
that la empty sash and oho on esolitill:
lean mbelps, • and the plidatiff net
tea* halide lerm the dawht, ea C= Oaleher,
the isir aft elsomenes while dee to AD pamento
=oiled him to be wsMeC and tam betas Mr.
l_hhlat Wemeh nehipakept pike OM% whertheft he thee
he mme atewaemedtia eMe
mmele drama It woe
diet then, dm the Aide Mind ,teat he had Idt sae el
the =Obi whh telliedleMer Blmlthheriaidgm
Oa mada that elatedeme wee
bald le be Imebellalleri el* did not, vita pleb.
tlf wee bane him, esidelee b the they he told sheet the
mieitraeir wee true, end Irk pommel the ame of Mel,
the wialhomemea w Itemeaf Abaft end Watson, were
mat he beitileiitalhe 111 der Nal of ads, 17 of
only wise 'doliverededihe Madam% gamine, he
remanded Hen until Tuesday, Oct. 19, and in the mean-

time the plaintiff' was eontned in Tothill-ftelda Prises. On
the abeev►pentioaed day the eselwas !igSnitearfl before

Mr. Arnold, upon whiclionesion Jolaskiie, ren7,Thei
sephew nth. dellandlant, appeend ha the phase of his wok
I. glarge. Alter the one had bees invest'.
the megMate again imnandail him wail the 71st,
dam* the empty seek had been dimmed to be
in the peemmbn al the lei nalleeter, yet the ens fall of oats
tenni miudeg. mei the gialetlesews viable ts eny the
nesse lit his Ine. Oa tie maw of the lath the
seek entekag *elan wee bead= the gander of Misers.
Regan aril Wenn. II banns been seil in a mistake with
the nabs to tint Inn. As Ness ee this discovery
bed been mada7flfia, the wersheannia ef Mews. Italia
and Winne, wont le the Minden, when be wee net ibis,beerever, te en satil the ileae Wednesday
and whet he did sheen en fier with 111011.:Itt
that be we, a iselidt fellow to have brought
beck the seek chi& he bad to 1 the better way would
have been for Man not to haw ap spinet the plain-
tiff, and then he would ban heel ••,-aerged. The defend-
ant and Miles then west down to Worship.etreet
petiee-
inert, with a view of st Waft the plaintiff at liberty, but were
unable to do Ile until the Isdewlng day, when Milos having
'stated to the magistrate the error into which be had fallen
in swearing that he bull glen the plaintiff eighteen fhli
seeks of eats, and that the minks sack in qaestin had been
found, he was immediately released from custody. It was
under then einouneassea that the plaintiff had brought a
second action to rearm sompenation for the Inbar, which
he had entatited. On the flan trial the jury had returned a
verdict for the plaintiff, with 40e. &owe.
Mr. Whitehuret, for the Mace, coatended that hie client
was perfectly justified in giving the *tuff into custody on
a charge of felony. From the evidence adduced on the put
of the plaintiff it was quite clear that Mr. Ashton had made
every inquiry at the wharf of Messrs. Rodin and Watun
respecting his mining property before he had given the
plaintiff into custody. With regard to the miseng rack the
plaintiff did not say one word about having left it with the
toll collector when be returned to Mr. Alliton's premises,
but aosneed the fonnten of the defendant with only having
ghee 111 seeks. The truth was that the plaintiff having no
mew to pay the tot with had obtained 4d. from a boy in
the angley of the denies; but he had spent the 4i. in
Mat. When the plaintiff returned with only 17 full sacks
to the wharf of Mr. Ashton, he was &mired to go to
Marrs. Rodin and Watson's in order to have the remaining
quantity of oats given him, and a shilling was then banded
to him to pay the toil with, and he ought to have
redeemed the sack which had been pledged, but he did not
even at that time say a word about it. It the plaintiff had
really sustained any injury he might have brought the pee-
sent action in the County Court, but the case had only been
gait up for the purpose of putting poste Into the pocket of
the plaintiff's attorney. The defendant, having many nun
Is his employ, and being desirow, as he said, to prevent any
whir of his servantsfrom transgressing in the way in whit
he had every reason to believe the plaintiff had done, had
given him (the plaintiff) into custody, and he (Mr. White-
hunt) admitted that thellEllllol4 amount of damages would
meet the justice of the one.
Mr. John Ashton, the brother of the defendant, and Mr.
Job Ashton, jun., his nephew, were then called, and they
stated that the plaintiff had never said • word aboat one
of the missing mks being left with the toll-colleeter,
until be was taken before Mr. Arnold ; and he @Add not is
any way account for the lost uck which had been tilled, and
as Milts, the foreman of Messrs. Rodin and Watson, de-
clared that he had given the plaintiff 18 foil sacks, the defen-
dant had given him into custody.
Mr. fferjeant Jones having replied,
Mr. Justice Brie summed up, and the jury, alter being
absent from court for some time, returned with • verdict for
the plaintiff—damages, 1001.

COURT OF RICHRQUER.-SATITADAT.

Nth PAM—Wore Mr. Baran Platt end a Middlesex Bpecial
Jew.
BOARISBRION AND °TIRES V. KENNARD. ACTION OP
Tauvaa AGAINST ran BARIUM OP MIDDLESEX.
This was as action of teeter to try the right to certain
rare and valuable books sold by the defendant, under a writ
of IL fa hated against the Messrs. Bohn, the well-
known foreign booksellers who carried on hiatuses flat at
Sing Williamstreet, West Strand, and afterwards at N 0.06,
St. James's street. The case was part heard on Friday,
and occupied the entire of Saturday.. It appeared that
Mr. James Bohn became a bankrupt in 1844, and, with a
view to enable him to resume Hs business, the plaintiff,
Mr. *Scarisbrick, a gentleman of fortune in the north
of 'England ;• the Bishop of Liandaff, and Mr.
Hyam Atwell, of London, purchased of the awignees
stock to the value of 1,60W' . which they entrusted
to Mr. John Bohr, the bankrupt's brother, to have
sold in the ordinary coon* of the trade. Mr. Seeds
brick advanced 7601.; the Bishop of Llandaff, 2501. ; and
Mr. Ansa, 6001. The ment, which was entered into
solely as a matter of friendship for Mr. James Bohn, the
bankrupt, was, that the stock so purchased should be en-
trusted for sale to Mr. John Bohn, who was to receive 21. •
week for his serviws. That the proceeds should be handed
over by him to the plaintiffs, and when the whole of the
stock was sold and they were paid off, that the residue
if any, should be given to Mr. James Bohn. Mr. Bestir
brisk was represented in the traneaction by Messrs. Oregoiy,
Faulkner, and Co, solicitors. The Bishop of Llandeff by
Mesas. Holmes and Co.; and Mr. Ana* by Mr. Bpyers.
Soon afterwards Mr. James Bohn became acquainted with
Mr. Francis Buchanan Hoare, an attorney, through whom
instrumenwlity he obtained • loan of 3,0001. in January,
1846. Advances having been
.previously made by Mn.
Heave, and a bill of sale hawng been executed to him
by Mr. James Bohn also in January, 1846, to secure their
payment ; another bill of sale was executed on the
11th of August following, to secure a Captain Long, to whom
the 3,0001. belonged ; • much larger sum having come into
Mr. Heare's hands, as "gent to Mr. Daniels, the solicitor of
Captain Long, who wished it to be invested upon good
security. The whole of the stock, including that purchased
by the plaintiffs, was then entrusted to Yr. John Bcho
who was to receive IL a week additional for his increased
labours. The new stock and the plaintiffs' property, which
consbte 1 of the most rare end valuable books, were mixed
tip together for the convenieree, it wee said, of having them
in alphabetical order and the receipts were thenceforward
handed over to Mr. Hoare, who continued to make advances
from time to time as cdreemstances connected with the trade
required. I. Aug*, 1346, Bohn's name was removed from
ever the shop door, and Mr. Daniels' plat* instead of it.
On the Itch of Febtaary, 1846, the I. fa. under which
the goods, the subject of the present action were sold, was
tweed by Mr. Hoare, and on the 12th *November following
it was delivered to the Sheriff. Early in that month, Mr.
Bohn's dilikulties having been again greatly thereseed, Mr.
Hoare recommended him to leave LAEUn and so to Oeford,
and other.plaese, le obtain sebearibees for "Dnedale's Yo-
naafi ' whisk was then being pablished by Mr. Boha.
Ma ly lat town. Mr. J. Bohn, the brother, wee
***Missd to absent himself from the premises, from an
egrebtoudou he-would be mum& under exesations which
wwe out against him, and during the themes of both, the
Illariff execute' the writ of ii fa, tnDeanaberlBl6. Amongst
throtock sold,7weee the books which had been purchased by
Obs plaintifft. It also included the other property found
mna the rearms. The question now raised was, whether
the Sheriff was justified ender these eiresunstenees;in selling
is plaintiffs' property which wee found upon. the premises
when the levy was made.
Amongst several witaesses examined forthellaintiffswas,
Mr. datum Bohn, who stated that Mr. Hoare was bin
'elicitor. —le December 1643, or the mouth ofj snowy fallow-
ing, he appliod to Mr. Mears to obtain • leen of authey, es
his affairs were then eatharramed ; he had a verydarsee dee d
sapital on hand, and he wanted to raise LOOM He ebtaine d
the requisite lean. and executed a bill of sale of his stock
is Made to Mr. Howe on the 11th of August, 1346. All
tie proceede of the sales windrow' that time leeward psi d
to Mr. Howe through witnea's brother. There ware °the g
books to he sold en commission in Bt. Junest-street, and a
very Imparted valuable stook beside* that portion parehasai
by the tiffs.
Mr.. ohm. Bohn stated that he was put into masession, la
May 1644, of the plaintiffs' property, by the Bishop of
Land* and by the solicitors representing the two .other
pintail& Mr. Hoare know that all the books mentimett In
the inveumry were sedge* to the plaintiffs under a bill of
sale. The stook was removed from King Wllliametreet to
Staenter-street, where Mines followed thentand renamed
until the ll* of Deomber 1846, when he diseentianed
coming to the premises Imams he andenteed from
..-Mr.
Hoses that there were a camber of execatkins out
him. WISDOM thee asked Mr. Howe whether he ekohld
not sotitydo Mama Gregory and Faalkaer, and the mind-
ton of die other plaiatiffa, that he wan obliged to absent
himself keen the shop, but Mr. lioaremid it wage* NOES-
eary, as be was In emarouniaation withAfemrs. Gregory end
Faalkase, And main with them. Ja March, 1647, saw
some of the plaintiffs* jsreparty at the auction toms of
Sontag*** Barrett, an -street.
Croes-enaminsi--I meshed 21. a wesk.eat of the rocs*
of the ydelotiffe books up to the lea of Captain Loses
money, and Alba ,irsavis U. • week hem my brother. I
handed aver sheet 601. to Mims. griming aad Faulkuer's
Asa, sad sheep • sissllsr sum to Mr. Reim Oa the 13th
•of August, VMS, I was put into pessimism seder the bill of
sale to secure Caphis Leaf•• less. Oa tin 13th of Nov.
following, Mr. Merin bid me hailed persisted my brother's
seek. I taw Mr. Assail sibmareeds. I did not oak him whe-
ther he bad ranked the mosey I gave Mr. Hein for dirtri-
*Boa *saga the pialotiffe—my reason for cot doing so
;lillisibilt W ably had not got it Mr. AnisE would have
is sae ea theablect. Mr. Atwell did not ,afterwards
interim.
Mr. Baron Platt : But you should recollect you were be.
=
the trust reposed in you. You rradertodaro pay
"mons the proceeds of any mks you effected, and
you, notwitbranding that, paid them over to another.
A number of witnesses were thin called to show that ea
improper valuation had been t upon the property sold by
the defeadaat. The ' portion sWe was worth
30001., and the entire proceeds of the sale under the nitra-
tion was only 1.3701. Amongst those books was " Dalaway's
Mistory of Sumas," .beautifully lllustrated-t•four volumes,
Lsetb some hundreds of pounds, hat veined by Mr. Prier,
skW's avothrsomr. at 1181. The plainhre eollection
she fiestaded HztieHristory_ of Buckinghamshire," a
t velum* of st was mids post dilli. 136 volumes
el 's NAOMI ; Laocantas, with
thi a=siethtleilinkt, sad other curious
Mti
Yoh tedasillea. ON& kill, was examined as to the
sMasits gighilifrabsadorkt He kvandieffirot
TheimaarlsollsWel inland wu .
malaria snidest snidest *a eappruesd= rellitif to 1119
aelatly_whleh 611041 be late Sing the TIMM
Mau sefale —I am sta NOM% Mad wag
he the llesziLasellia. lON rim
Y
rr-sd . This
usll thee Oa Were. 7
Ma the Mom AI tie sibs mat of
7 All. Zs. 10J. Thai Wefts iftle salmi dierwaule.

On the 13th of Feb. 1848, it was 1,7001, after giving credit
for an the sums I had received. The total 11/110%1111 of the
balsam due to me, after deducting all credits, was
32701 6s. 3d., including the 3,0001. belonging to Capt. Long.
That balance has since increased by several advance.. Oa
the 19th of November, 1840, Mr. James Bohn was my
debtor to the amount of 3,6001., Duet more—it was not less.
Mr. Daniel, whom nuns was pat up over Mr. B..ka's sa
in August 1846, was Capt. Long's eolisiter. In Nov. 18441,
Mr. Bohn wished to leave London. I had previously ob-
tainel a judgment against him, and I caused •
writ of execution to be rued out upon that Judgment. A
warrant was placed in the hands of Biomass, the sheriff*"
officer, sod the levy was made under it. There was no
claim whatever made by Messrs. Gregory end Faulkner,
solicitor', upon behalf of Mr. Bearisbeie.k. I believe they
considered tee responsible, sad that I had funds. If I had I
should pay them.
Crost-examined.—l had never been Capt. Long's attorney
at all. In 1845 1 obtained an assignment from Mr. Jollies
Bohn of the whole of his stock as security for advances made
by me prior to the loan of Capt. Lengk money. The balance
due to me when I obtained this assignment was about 901.
politic more.
. Thesirter—Then, although there were only 901. due,
you got an assignment of the whole of Mr. Bohn's stock in
trade ?

Witness—Yes. I merely controlled the business by taking
the money received in the shop, and making such advances
as he required. The balance due to me was never less than
901 after that. About December, 1846, or the following
January, I suggested to Mr. Bohn that I could get him a
loan from Capt. Long's mousy which I then hod in my
hands. I did not communicate with Cept. Long or with his
solici-or upon the subject..
Sir F. Thesiger--Was Long's money received by
you to be invested ?
Witness—lt was. lam not aware that Capt. Long had
the most remote notion that hie money was to be advanced
to Mr. Bohn. I don't think he knew anything of it until
the cud of 1846, lone after it had been lent to Bohn. There
is no entry in Behn's books of any sum having been re-
ceived from Capt. Long. I paid interest upon 6,0001. of his
(Capt. Long's) money on the 29th of January, 1846. There
was no account between myself and Capt Lour or between
him and Mr. James Bohn. In January, 18411, I bawd a
writ against James Bohn. I told him it would save the ex-
pense of a warrant of attorney, and that a judgment upon it
would be better. On the 24th of January, when the writ
was ionted, about 1,5601. of Capt. Long's money had been
advanced by me to Bob..
Sir F. Thesiger—ln August, 1846, when ‘• Dtniel and
Co." was put over Bohn's shop and the new stock was
handed over, do you remember then that a book was taken
down for the purpose of eiving possession to John Bohn,
and that you were told that that book would not do because
it was one of the " trust books" belonging to the plaintiffs ?
Witness—l do recollect the circumstance of a book being
taken down, but I do not recollect the remainder of the
occurrent). I remember nothing of the sort. 1 am net
aware that I told Mr. Duane, clerk to Mears. Gregory and
Faulkner, in December, 1846, that an execution was out
against James Bohn ; that the sheriff wu in possession;
hut that I promised hint " not • book assigned to the plain-
tiffs should he touched." I was resooneible to Captain Long
for his money. Neither he nor Mr. Daniel knew anything of
the name of the latter haying been placed over Bohn's shop
door.
Mr. Martin contended fir the defendant, that es regarded
Mr. Audi's claim he was swopped from enforcing
it homage he hod disposed of his interest in the pro-
perty in question to Mr. Hoare on the 10th of July, 1845,
and he bad never afterwards interfered in any way in the
affair. On the 224 of December, 1646, two days before the
books bad been removed, notice of the intended sale had
been given to the solicitors of the two other plaintiffs, tad
no claim had been made by either of them. No representa-
tion of the rights sought to be established by the present ao-
tion had been made either to the defendant or to Mr. Home. •
The levy was consequently proceeded with for the benefit or
the execution creditor. Evidence wan then given of th
facts stated by the defendant's counsel, also that the valu o_
tion was a proper one, and that the sale was conducted so
to realise the best possible prices that could be obtained fir
the goods sold.
Mr. Baron Platt summed up, leaving it to the jury t'
flat, whether the bill of sale obtained by the plaintiff s to;
given by way of security for the sums they had reepe oitta7
advanced ; secondly, whether the transfer by Mr. A ma to
Hoare had been proved ; thirdly, whether Hoare boo as-
sumed dominion over the business, as assignee of Mr. Aosell's
interest in it, in pursuance of the transfer by the lett ar and,
lastly, whether the plaintiffs or their agents had known. be-
tween the sth and the 24th December, 1846, that •
.ho twig
was in possession of all the stock on Mr. epremises,
and ens about to sell it.
The jury returned a verdict for the defendant.

POLICE.-SATURDAY.

BOW-STREET. BURGLARY. —W. P. Ned ditch,
was charged with burglariously entrring and eland:rine the
premises of Messrs. Shoolbred and Co., '
,6ndeepeeer of
Tottenham.ourt road. A solicitor, who e
,mteeteg the
prosecution, said that about four o'clock on the morning of
Wednesday the revolving shutters of one o f the m
- ammon.
shops was observed by the policeman on d partially
drawn,
.and having alarmed the inmates, 7,7,,;34;00;neft
by the clerks that the whole of the money had been abstracted
from eight different desks, each of whi• had forced
open, which induced the prosecutors to • Ze„,7 reward7' fns
apprehension and conviction of the par zrom.-oerned in the
robbery, a clue to whom was obtained from the information
of a boy who happened is pass abou t the hour in question,
and, observing a light, looked Strome I the aperture, and eaw
a man inside answering the prisoner "'a description. It was
discovered that the prisoner had been loitering about the
premises in the afternoon.
Mr. J. Shoolbred said the prison, shad been a porter in the
establishment until December last when he was discharged.
Tke premiers are closed every !Yr abig at eight o'clock, when
all the desks are cleared, and the money delivered up to one
of the partners, who lodges it as a box, but ail the cash
which had been received during • the last hour of business,
diffe-
rent dell's which were broker, open.
waa stolen from the anfoulen.udphroithcoehe lirradlymonlortinabe,eisnai
ft in the house, proved that he
, s of a window in Grafton•street
drawn up from the about two feet. Witness had
and took the winders with him to
Haines said, he appre-
hended the primer, end on tamer him the nature
of the
charge, he said he had at been in Tottenham•uourt-road for
t
the last three months.— -Sergeant Withers said he found the
whiseun room
dom downto r the
ushruittyte.—raoel
=rector
Haines
box produced, contain ing a quantity of wearing apparel
which had been feew illy purchased by the prisoner, who
told witness he comet tted the robbery through distress, in
consequence of his n of being able to get a character.—Ass
wthist"nackfriars road, proved that on Wednes-
daylastt fromtlieP3,
rieo6l4 ar purchased the articles produced for
N. 4s. 6d., for whiff ahe paid in cash.
The prisoner Psi? r that, his character being lost, he could
get nothing to do, t Although he had travelled about 600 miles,
seeking employment.—Remanded.
ATTVIRPT TO r 111,011 UPON TRII QURRN BY BEGGING
LETTIRS.—J. 77 ionapson was urged with attempting to
obtain money fr am the Queen by means of begging letters.
Rovsford, the Mendicity Society's officer, laid he was sent
for In Mr. Tay' mr, a gentleman attached to the houmbold
of Prince Alber t ; and in consequence of a communication
nude to him be made artingementa to apprehend the author
of the letter peoduced, which wee sent to the Queen:
Popes Loads Sept. 6, 1546.—May it please your Majesty,—l am
weir antaid, net barg bad any answer to either of the letters I ad.
droned to year Majesty at °Morns Home, encleeing a letter from
Lord Barenworth, that I have done wrong. 11 such be the ow,
sowry sorry its it, and beg to sib pardon fee the liberty, se haws
erred through ignorance, and not being aware of your Majesty's mis-
tress, besides being almost past myself at three deaths taking place in
my family hi melt a short time, thereby distreadeg me beyond en.
durance; and em sorry to rid, that I have made, as yet, no programs
seer float wrote to Majesty, craving es a particular favour
m ftelesty henevo mdma. the, sod the returning of Lord
Maven worth's letter ; which would, in moist see
in
gaining some pukka by which I may be ebb to ohOila tivelilim4.
If, therefore, your Majesty win please to take ms into your considers.
and muse to be returned to me Lord havesworth's letter, I will
ever pray your long life and happinees.—l remain your Majesty',
moot bumble and obedient servant Custom! Heauervoi4.—Your
MajestyLondo n. En please muse It to be directed for me Poet.otboo, Poplar,
There w ve also two other letters from the same person, the

envelope of one, in answer, teinrioncioted to his lordshiP, to
induce him to send an enclosure. Witness went on Tuesday
to Poplar, sad saw &letter addressed to Henderson, from
lady at Aforpeth, which induced him to go to 63, Three Cott-
street, Limetionse a money-order office, where the prisoner
presented a post order for twenty shillings, upon which
he took him into custody, sad found in his pocket-book a
letter from Mrs. Baker Creswell, enolosin• the order.
Among the several persons of distinction with whom the
Among
has carried on a similar eoerespondenoe, were the
of Harro vby, the Duke of Boeclesch, the Queen Dowa-
ger, Lord Eldon, Lord John Hume ,11 the Marquis of Choi-
atondeley, dec., and he was convicted in March, 1947, for ob.
tsining money by the same means from Mr. Wm. Grey,
M.P.—Mr. Ferguson, a clerk belonging to the Mendicity
Society, said that the woman Henderson, who went by the
name of Skelton, was convicted of attempting to obtain
money from Lord Mulgrave, in February, 1848.—Mary
Anne Collin servant to Miss Wood, who keeps the pod-
oSco at High-atreet, Poplar, said that the prisoner had fro-
quantly called for letters for some months past. On Friday
night she delivered him the letter produced. His wife had
been only once for letters and, in consequence of refusing to
give her letters, she brought a list of plasm from which she
expected to receive letters. The prisoner told witness that
the woman was kis cousin ; and when he called on Friday,
be teemed to think that the letter bad been broken open.—
The prisoner was ordered to be remanded.
WORSHIP-STBSET.--Casson OP Hostianx •oerturt
• THADISKAN...-MI. T. Merkt S. 4 master butcher, at Ely,
in Cambridgeshire, was charged with having stolen a mack-
intosh coat from the Electnc Telegraph-aloe, at the Ely
station of the Eastern Counties Railway. H. Goby, one of
the guards attached to the night mail to Ely, stated that, en
the arrival of the train at the above station on Thursday
night last, he lay upon the floor at the Telegraph- office to
match • little sleep, and threw his mackintosh over him. On
waking a short time after he it
that the garment had
awaking a abort time after he foenL that the garment had
dend, and suspecting that it had been stolen by some
person who had proceeded to town b a night train 'which
had left the station in the interift, a teiegrapWe communica-
tion was immediately transmitted to the London terminus,
minutely describing the coat, and !Wading the detention of
say passenger who might have it in his possesuon. He saw
asthma more of the article until the preceding even-
ing, when just .as the mail train to Ely Intl &mit
to start from the station at Shereditah, he saw the prisoner
enveleged in the lost mackintosh. He claimed the coat as
he property, and demanded its restoration, but the pri-
soner refused and was given into custody. On being
=arm for his defence, the prisoner strenuously dis-
co, felonious intention to appropriate the property.
and dated that having left home in a hurry, and having for-

masa to fend& himelf with as et t, hi appbed for the
isspenary use Mese to Mt. Faiteleik the Milian clerk at
Rly,
_who Mehl', the east is insstiss.mi OM hi (ally M-
asted to swim is. sees as Ile Mimed Mist pirso.—Mr.
llsailsok, laspearae at the @Wallah amiss, said that
the Mae assist el the Isallettlioa lisolog bees gives by the
=at the tins at his opgrabsedes, he eamodi tam-
MEW to ha train if ML Poirstall. thin! no-
Imola Eidossi that the olstimme Mae emosid
woe otbsity without liesdatios.—lir. Emma momilli the
Omer_ aessMis bail.
RARLDOROUOH-STRRET.—Tso Holum nt Don-
sat eraser.--f. Mask, was tawny esamiset, email
with bwrisg ldami his wih to death. Siam the Rot tai
▪ whes hisit We is the Bspws et Thassity, as
tame las 1011. at whisk the Jury rammed a media
of " lisarhaelges" NOM the rinser.
The 'dams mach a lad defame, the nbstaaos of whisk
was that his wit was gives to habits of intoxication, aid
this she bad oaks sem messy oat of Ws pocket —Mr.
HAMM'S eassiallasi the primer to take his trial for villa
muds,.
80IITHWARK.—Rosen* tx TEN Qussm's
▪ —B. Prisoos was timed with stealing a gold
watch sad dais, silver pssal ease, a mounds, rim,
and ether articles, the property et T. Peathey,
Monte of the Quess's Prison. The proesestor, who
Wooded as a balsas tram the latter pie said he had
lams dm primate same men, sad was is Ski habit of mew
*AAP toettying him to no. of meads for him. Oa the
maim tithe 4th of Jemmy he ems to witness la musi,
sad Milks is his rem Mass was piled down stairs for a
law Masts% tad a kis warn band that the prisoner was
gem, the leek of • carps bag forted, and property worth
upwards of 401. stoles. Nom of tho property had been
found.—A imaie with whom the primmer livid come for-
ward sad said that ea the sth of Jaansry she saw him with
a gold dials, a arms* ring, and a silver peocil-ease. He
pve *PI to his father to dispose of—The prisoner was re-
manded.

CROYDON.—CIA2OI 01 Porous AGAINST Alf AL-
LIAM MANUA —II will be recollected that about two
months ago a pence of property named Powell was charged
with ddrowils • another of tavern keepers in Criydon and
the litered by means of false cheque, etn—After
the AM nonalandea it was stated (the amused having is
the othotiase his. Wattled iv bail) that he was Weans, sad
from what traosykel Ow we moss to believe that, by
mesas of e the boss of shareeel, he hod created a
temporary Wink, bet of so mins • character that it was
Sound osesmary to ammo him to • lunatic asylwa at La-
te" Where he resthied fur several weeks, ladearears
were made W Wow dr aimghtrares to mimes the hail from
the resegairessee they had salmi Ids ; hat the beach re.
heed re mewed& the appilemiew aid WIWI twos the bat,
who were highly reepserthia pigmy orneothrirg the de-
fondest wasolor shield he is • flt saartiea to appear, and
the mailer rimed weer th.thele Isom

Mr•harrr raosabi 0 the bench that
he bud leitemed that ail tie mosey that had been
obtained by mem of the deques had lima repaid, and that
now of the parties were &SWIM to premed farther with the
premedical ; he therefore applied to the aagistrates to dis-
charge the 'retreat that bad bort Weed against the de-
fendaat

--IlliTsidenis, the chairman, said, after consulting his col-
leagues, that he would not allow tee alumina' justice of the
country to be interfered with in this nimer, and the
testis would be no pettiest to any le= The bail
were still ander liability to produce the t, and that
liability mast be centinned ; and, air as the bench was
concerned, they should not interfere in the matter.

RAILWAY NEWS.-SATURDAY.

We have had a Stir market both for home and
foreign lines. with more firmness and some improve-
ment in prime, bet not to any extent corresponding
yet with the rise of prices and active operations in the
funds.

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MEWLING&
Lin am Weir Tolimatau Juncnow.-H al/ Yearly
thetkv.-Esenshanagh, Feb. 9.-J. Deal, Bag., of
Ilbersi. la the elk.
Mr. Drrs die seentary, reed the statement of the re-
ed& an .heas from the counesassesen of the an.
&snide. is 1846 Os the Est Dee. 1848. Beesived uses=
et talk 176,8121. h. 104.; Merest ea alb deferred.
61$. Os. 9d.; interest allowed W heathen, 8181. 2s. 3d. ;
trusts hes, OIL 9s. 6d. ; sisulioneas nodes ,1001. 6s. 24.;
Irma lassubsewash sad Chisallaseeserienroad trust,
4341. 18s. 14.; from Leeds mad TYNE eirPe_h7 for John
week% 10.8171. b. 6d. ; toe di nedeeleb sele, 2631., aad
there were loses sad liabilities ea diebeatana, 12,7601.
oa acne, 6,0311. ss. 94. ; ea bola, LOW Id.; seid
to indessers, 10,9624 10e. making a SW of
30,4311. 184. 64. ; begin a benne de 84 W
Clan bask of 4,1431. 9s. 6d. seeking a pet Mal of
723,4061. 19s. X The was for ineireseng,
surnyieg, mad tiefle.rAk dal&2a. llstaligheasn
;611"ezesnes of psellwassitary, witases,lls
leseelliwkwesn, enh,
ILL 17661. 12s. 114.; whir-
,.°541.1,4341. 141 IVO ;,lePreeP3Bl.l6lBllgrat
wedn 9111=11.16e. 46. ; rails sad pennant simiaidel•
ile, 014 Ed sundry ether mail items
eT
together the win of 111,1061. 165., which, with a kt
whams ihr 1, 881. wham, widths ems of 11. 4s. X kilo
SWlbank make up the sues is the casts die
10.21.
11. Pentair, Jae., solicitor to the cospeay, read the
repeat et Oa Roston, ist which they say_:-" • camikeable
eras is sill dee hes the Lords asi Think Ccievelbri
Ott web mei properties, bat se tad es•losaY Um,
with the seseasesee kr the Liareimesesek anireel,
ins a imeat et seem= rendes te the haat vitiate.
it to essMs ly hood *el es re mean Ass Si be
et the received. sad anneeneele anis WIWI the isballiles
nand say le yealesiel The
obtains( sway ea Isla dubs ike beitarrallerilin
caned the diseases seek inhsenneene enlabeldiri led
los potted the sonsielep poetise of the wale
from being serried human se
have bees desked. antral aZillY d
weep haw less win ft sa to nines the
inieshene Dent a peehenlid knesalt, velikeat
beige
ensetnimes et the_ poets dime Ile ear
mad the tap poet fiebehtlitud
Bea, it Ms looms hepowilie list Mop ter di
stall be depot dime *Ohm idsg, eae=
diked dies othedllei ft lie
dib. The eiteelep d the ,
se se le amuse tell!tell! the Pei seeri= In
Seaway
(did it opted te 1111 geed line to lath &this