The Express.
London, England, 1851-04-18 00:00:00

Lain fntelligence.

EQUITY COURTS.—YESTERDAT.
areas vica-cosscatens Koester Dacca.
Be NORTH Or ENGLAND BASKIN,: C .
111E101 CA...Z.—WINDING-C} AcTs
Mr. Russell and Mr. Randall moved, by way of appeal
from the decision of the Master, that the name of the ap-
pellant might be removed from the hst of contributories as
executor of the will of a Mrs. Hall. The appellant's co-
op rotor w.. residuary and had received dividends
on the shares since the testator's death, and at tint tbo list
bad been settled by inserting the name of the co-executor
alone, as liable in his own right. Afterwards, however, the
official manager applied to have the list revised in this re-
spect, and the Master, on bearing both sides, altered the
list, by plaMog the appellant upon it, in his character of
executor. In support of the appeal, it was contended that
the Mater had no Jurisdiction to alter the list by placing
upon it a person whom he had once decided upon ex-
cluding, at all events without any new facts being brought
before him. It was also contended that by permitting the
co-executor to receive the dividend-, the company had -
eopted him ms u shareholder in his character of kgatee, and
had discharged the estate of the testator from the time of

COURT OF COAIMON PLEAS.—YESTERDAT.
ttrcree tP !Immo. —Btrok% Lost. CUIIT Jt Tlc, Jterts,
JC,TICK CLIMIW.Lim AIL Jur:lca WiLLIAm% .no Ma. Jvbnce
Ta-
r4OIL.

Treorvir r. TRVIAR.—SLANDER.
This WU an action which had been tried before the Chit f
Justice at the last sittings ut nisi. prius at Westminster,
when a verdict was found for the plaintiff with dl. da-
mages.
Mr. Humfrey, Q.C., now moved for a rule to show cause
why there should not be a new trial, on the ground of mis-
direction, or to arrest the Judgment,:er fora venire de novo.
The slander complained of had been spoken of the plain-
tiff's wife by the defendant imputing to herthat she had de-
coyed away from their home the two daughters of the defen-
dant for immoral purposes. The 2nd count set out the slander
in this way, " I have proof that she (meaning the plaintiff's
wife) is a catholic and she took them (the defendant's
daughters) to Camden-town fur immoral purposes, and to
introduce them to her male acquaintances, and that she
tried to induce them to change their religion and to become
catholics to carry out her base views." The learned coun-
sel now stated that it bad been tont:ruled at the trial that
it was intended to infer by innuendo that Mrs. Propert
kept a house of ill fame to which she had taken the dcfen-
dant's daughters. Mr. Ilumfrey now submitted that the
words did nut warrant the construction which the plaintiff
had put upon them, namely, that Mrs. l'ropert had been
charged with keeping a house of ill fame, and that therefore
the Chief Justice ought to h ire told the4lury• that the innu-
endo was not proved, and should have directed a nonsuit.
The court granted a rule nisi to arrest the judgment, or
for a venire de novo.

hi: death.
Mr. Baron and Mr. Daniel, for the official manager, said
that the first decision of the Mater was given during the
smte of uncertainty which prevailed as to the law under
the Winding-up Acts, before any cams bad been decided
upon them.
The Vice-Chancellor observed that these acts were not
without merit. They were a foundation, though a rude
one, of a system of commercial law which would he built
upon, and probably be productiee of beneficial results.
Mr. !Lassen replied.
The Vice-Chancellor said that there did not appear to be
any reason for interfering with the last derision of the
Master if be had the power of altering his former deci,.ion.
Upon the term, of the pith section of the Amendment Act
his Honour saw no reason t 4 doubt that the duster had this
power. The motion must he refused, but, as the Master
had changed his opinion, without cost..

HOARE T.

This was an action for libel, which had been brought by
Miss Sarah Mary Iloare against the editor of the Plymouth
Gazette. The case was tried before the Chief Baron
at the last assizes at Exeter, Ilhen a verdict was found fur
the defendant.
Mr. Carter now moved for a rile fqr a new trial on the
grounds of misdirection, the improper rejection of evidence,
and also that the verdict was against the evidence.
The Court granted a rule nisi on the ground of the ins-
proper rejection of evidence.
The court at its rising adjourned until Wednesday next.

Re OVNYLE BREWERY C9MPANV.--CR9STON.4 CASE.—

Ac-rs.
Mr. J. Parker and Mr. Ilislop Clarke moved that the
certificate of the Ma-ter, finding that the appellant was not
a creditor of the comisitiy, might lie reversed. The aplK•l-
lant claimed in c--is et m a snot • 'deli he hid been obliged
to pay atter borrowing it, by the order of the directors, for
the we of the company.
Mr. Bacon and Mr. ltonburgh were for the official ma-
nager
The Vice-Chancellor directed the motion to stand over till
Thur.lay, in order to settle the mode in which the legal
notation might he ail Aid by a court of law. Ills Honour
said that these motions under the winding-up acts inter-
(iced so much with the regular business of the court., that
it was under enwideratiou whether, instead of being heard
among ether motion-, they should nut take their ,regular
tutu by being placed in the rinse list.

COURT OF EXCHEQUER -YESTERDAY.
StnINOS IN BANC%
OTRTEN r. Loan KENION.—.II.IWIMENT.
This was a case framed for the opinion of this court by
order of the late Vice-Chancellor Wigram, the question
being whether a certain deed of trust executed by the late
Fir John Osborne was void for usury. It appeared that the
late Sir John Osborne died in 1118, having therein agreed
to pay his creditors interest at the rate of 5 per cent. on
their respective debts, the payment of the principal being
deferred to his death. In the meantime be charged his
landed estates, in which he had a life interest, with the
payment of the interest, and it was further agreed that his
creditors should not proceed against his person, and that,
at his death, they should be entitled to the bonuses which
might he declared on the several policies of assurmee
effected by hint as a security for his debts, the premiums
being charged on his lauded estates.
The Lord Chief Baron now delivered jadgment. The
court was of opinion that the deed of trust was nut void for
usury, the creditors having not only forborne but actually
relinquished and abandoned all personal remedy against
the late Sir John Osborne. They were also of opinion that
no action at law would lie at the suit of Lady Osborne, as
executrix, for the MIMI in the hands of the trustees, and
they would certify their opinion accordingly to the Vices
Chancellor.
The court were occupied during the remainder of the day
with motions for 111!* trials, and at three o'clock it was ad-
journed to Wednesday next.

SHERIFFS' COURT.—YFxrutaty.
1663,15T10: CIDEIL-SIOXII/ or MIDIOL.OI.
POWELL P. PItELI,.—SALE OP AN AIIVOWSON.
This was an action to recover 2111. as COMMitSioll. The
defendant pleaded that he was nut indebted, that the plain-
tiff had corruptly actril contrary to the provisions of the
314 Elisabeth c. 6, and Intuit.
Mr. Kingdon, iu stating his case, .aid the plaintiff, John
Mrs Powell, was an agent for the transfer of Kele siaatical
property, and the defendant WV. an attorney at Monmouth.
la the course of last year they were brought together by
means of an advertisement in a Landon OCANpaplr, offeriug
fur sale the AtlCOAsqll of a living. The defendant an-
swered the advert, ement, and a correspondence took
place between him and the plaintiff relative to the pur-
chase of the Avow-son of Trinity church, Liverpool, which
AS in the patronage of a lady named Brown, who wax
desirous of disposing of it. The plaintiff acted as agent
14 the defendant in nogotiating for and effecting the pur-
chase, and the present action was to recover the amount of
commission usual in such cases, in proportion to the pur-
chase money (IAW.). He (Mr. liingdou) apprehended
the defence to be set up was that the transaction wag Con-
trary to the 31st Elisabeth, c. 6—the law of simony.
Mr. Kingdou then pot in some letters that bad passed
between the parties, and called fur an agreement made be-
tween Mr. Corbett and the defendant for the .sale of the
advowson. It was not produced.
Mr. %V. T. Corbett was then called. He said he was a
!clerical agent, carrying ou business-in Chancery-lane. In
June, Itsiff, he h:el for tile the advowson of Trinity
Church, Liverpool, of which Miss Caroline Brown was the
patron. The lolanda was the Vicar of Ilmortun, but he had
' been residing in London fur several years and had acted
facia; that time us a clerical agent. Witness had iustruc-
tions to sell the livin4, and Mr. Powell called upon him
and asc,rtaiard the particulars, and in the month of July
Mr. Phelps called upon him and told lion lie had received
the particulars relative to the advowant train Mr. Powell.
After several interviews, be (witness) and the defendant
entered into au agreement fur the Nile ot the advowson to
hun, defendant, for 1,346/.
from the answer, given by the witness in erax-examina-
thin, it appeared that the plaintiff had ut one time an office
at 31, St. Edmund's-plate, Aldersgatc-street, where he
acted as an agent in clerical matters. Witness gave him
the particulars relative to the advowson, and the plaintiff
afterwards advertised in the none of A. Z., and that ad-
vertistmeut led to the eorrespontleuce lv tween the plaintiff
and the defendant ; but the plaintiff had nothing to do
with the actual lade, us that took place between witness and
the defendant. The incumbent a the living was the am
Charles Davis, who was about to get preferment at that
time. The living was worth 2:kg. a year, arising from'
ground rents. The defiant:int wrote to witness, and said
that Powell was no agent of his, and atter that he (plain-
fiff) had nothing to do with the matter.
Mr. Hawkins, in his address to the jam, contended that
the defendant hail never employed Powell as his agent, and
that the agent who had to sell the advowsun was the witness
Corbett, with whom, and %how only, the defendant had
this transaction. He commented upon the fact of the
plaintiff Wing what is vulgarly termed a "hack parson,"
an 1 an agent fur the sale of church livings and patronage,
and said that, having obtained all the intiomatiou relative
to the advowson from Mr. Corbett, he assumed the
character of the bona fide agent fur the sale, in which cha-
racter he had the correspondence with Mr. Phelps, though
he was entitled to nu such character. When the defen-
dant discovered this he repudiated him, and concluded the
purchase with Mr. Corbett. Ile contended that the trams-,
action was illegal and corrupt under the statute of
lilizu-
feth—a statute which, if oftener called into operation,
would correct abuses that at present existed with regard to
church preferment, and prevent the appointment of unfit
persons to the cure of souls—persons whose only recom-
mendation was a few thousands of penuts. The learned
counsel put in a document having reference to this advuwson,
signed by the plainxtf, which he urged brought the case
within the statute he had referred to.
The learned Under-Sheriff very shortly summed up, and
The jury, after a few minutes cuusultation, returned a
verdict for the plaintiff.

THE EXPRESS, FRIDAY EVENING, APRIL 18, 1851.

all their overtures, and unceremoniously ousted them both
into the street. Feeling satisfied that the women had been
obtruded into the sub fur the purpose of robbing him, be
counted his loose gold. amounting to l 7 sovereigns, and
finding that the whole of it was safe, he replaced it in his
waistcoat pocket, and feeling anxious to get home, ordered '
the prisoner to drive back at once to the house where lie
had left his luggage. The prisoner accordingly drove off
in that direction, but bad only proceeded a short distance,
when he hailed a fellow who was paving, to whom he
transferred his reins and hedge, and, opening the door of
the cab, deliberately ent,red it, and ensconced himself on
the seat opposite to hint. On demanding what business
he hail there, the prisoner made nu answer, but
"lurched" his head firward, and witness at the
same moment felt one of his hands fumbling
outside the pocket in which his money was deposited.
Witness immediately seized hold of him, and forcibly
thrust hint back, and having positively refused to proceed
any farther, insisted upon the immediate stoppage of the
cab ; the prisoner pulled the check string and got out, fol-
lowed by witness, from whom he was in the act of demand-
ing a third fare, when he observed a policeman making his
way towards them, at whose appearance he hastily mounted
his box and drove rapidly off. l'hc number of the cab was,
however, taken down by the policeman, at whose suggestion
witness examined the money in his waistcoat pocket, and
discovered that ten sovereigns had been abstracted. The pri-
soner succeeded for some time in eluding pursuit, but was
ultimately traced and given into custody.
Police-constable Roe L 67, stated that he apprehended
the prisoner at hi, lodging, and that upon being made ac-
quaintod with the nature of the charge, he adinitted after
sums hesitation that the prosecutor had hired his cab at the
time in question, but denied all knowledge of the robbery.
The prisoner now expressed his intention to reserve his
defence, and was fully committed fur trial.

PARLIAMENTARY COMMITTEES ON
RAILWAY BILLS.

Sr. ANDREVeI It.tILWAY.--Mr. Bernal reports the
preamble of this bill proved, that the proposed capital is
21,0001., and loan 7,0001.; amount of Rharea subscribed Mr,
16,2601.; deposit paid, 2,0321. The line will be 4 miles,
and form a junction with the Edinburgh, Perth awl
Dundee Railway.
Nolan AND tiurTlt WESTEUN JeNCTION RAILWAS.—
Mr. Bernal's committee, in reporting the preamble of thin
bill proved, state that the proposed capital in .50,000/. ;
loan, 16,0001. ; and the capital taken by 6.6 shareholders is
37,750/. Li ngth of line 4 miles.
111sveni.i• ltsn.wsv.—The report, approving of the
preamble of this hill, states that its length is about 6 miles,
proposed capital, 12,000/.; loan, 4,000/; amount subscribed
for, 9,300/. ; deposit paid, 9301.
GREAT RAII.WAY.—The report •
on this bill sets forth that the authorised capital is proposal
to be reduced from 1,500,0001 to 1,030,000/., and that it was
proved to the committee's satisfaction that the latter sum
was fully adequate for the purpose.
CLSTEIt CANAL AND UNION ILAILWAY.—TIic committee
on this bill report that the proposed line is 7 milts; pro-
posed capital, 40,0131.; loan, 13,3331.; shares suleenbed
for, 30,01501. ; dep ait paid, ; capital subscribed by
shareholder+ having alueal interest, 26,0001. The committee
report the preamble proved.

WINDLNG-UP OF JOINT STOCK COMPANIES.
- • -
101.BRICKEN MINING COMPANT.—Yesterday a
meeting was held, before his Honour Master Richards, for
the proof of deigs brought in for investbration by Mr.
Vryghte, the official manager, and his solicitor, Mr. 11.
Harris. A claim of .10/., on the part of Fretkrick Crock-
ford and others, for rent of offices in King-street, St.
James's, was disallowed as a debt. Other claims from Ire-
land, annotating in all to 1(101., were adjourned for further
proof. With the affirm eiceptionsdhe calls having been re-
sported to in discharge of the outstauding liabilities, this
company is nearly wound up.
NxrioNAL Ili,txvEcrEn NlAsuitE CoMPANr.—
Yesterday, alter considerable discussion before Master Far-
rer, the claim of Mr. Philp, solicitor to this company, for
4041/.' in respect of his bill of costs, was compromised by
Mr. Harding, the official manager, for 180/. The calfs
having been paid to meet this company's engogeolcutsi it is
new virtually wound up, and the official manager is about
to make a repor. relative to its general tninsuctiona, and
thy, operation of the act of parliament in connexion there-
with.

THIS DAY, Nowt.
Q7ar■e of Mad. Steenoth V Win& butte of tho Weather.
e. G stele Breeze.