The Express.
London, England, 1847-02-18 00:00:00

COURT OF EXCHEQUER.

without
that the

Non Parr..—Before Sir P. Pollock and a Condon Comma• SwF.
VIVIAN r. MOVIATT.—THE TINO-TOlO CONSOLS MIMI.
—This was an action brought for ironware goods to the
amount of 951. 161. supplied for the use of the " Ting• Tang
Consols Mine," of which the defendant was alleged to he a
part proprietor.—Mr. Turner, M.P. for Truro, deposed Cut
the defendant met lien in October, 1944, and stated that be
had received a written application with reference to a tin
mine in China, which upon explanation proved to be the
mine in question, and situated in Cornwall. The defendant
requested his name should be put down as " an adventurer"
for a number of shares in the speculation, and subsequently
paid 1501., the calls upon those shares.--A book specifying
the sum to be paid by each "adventurer" was tendered in
evidence, and ultimately received, subject to objections to
be submitted hereafter to the court in banco.—Mr. Crowder,
Q.C., and Mr. Merivale, appeared fee the plaintiff; Mr.
Martin, Q.C., and Mr. Pawle, for the defendant.—The
learned Judge reserved leave to move to enter a nonsuit if
the book was improperly received, and directed the jury to
find a verdict for the plaintiff for the full sum claimed.—
Verdict accordingly fur the plaintiff, damages 951. 16s.

SHERIFF'S COURT.
Before Kr. Undersheriff Studien end • Common Jury.
COMMUMONS or EaTENT.—This court was occupied for
the greater part of yesterday in adjudicating upon two
writs of extent to recover penalties, under the Excise Laws,
on judgments obtained in the Court of Exchequer, the first
" The Queen r. Baker," and the other, " The Queen v.
Baker and Davis."—The rolicitsr for the crown, Mr. Carr,
stated the farts to the jury. He said the defendants had
nada themselves liable to penalties extending to several
thnusands of pounds, but on the present occasion the crown
orly sought to recover 1,0001. The defendant Baker
bad hr mine time carried on the business of a recti-
fier in Gaye-street, Finsbury, and he had subsequently
been in partnership as such with Davis, the other defendant.
They had carried on some chemical works in Norman-build-
lugs, with a man trained Bailey, but in December lost a
deed of dissolution of the partnership was executed he the
defendant, and a large portion of the stock was purckasei by
one Healey from • perrou who acted as trustee under the
deed. Soon alter, the excise seized upon the books,
in Castle-street, hut some time elapsed ere an entry could be
made...into:Ale premises in Norman-buildings and when it

was offecte.l, tli; building was found to have been complete)
gutted. Evidence as to the seizure and property found we's
called, and tie defendant Baker underwent a long examina-
tion. He Laid he had not been fairly treated by the other
panics. After long statement of the share he (Baker) had
taken in the matter, the jury found for the crown ; verdict,
1241. In the second case, similar evidence was heard, and
the jury found (or the crown, 4191, 3t. &I. A solicitor, who
watched the proceedings fur the defendants, said ho thought
the crown • ught to decide whether they seized the property
as belonging to Baker and Dario, or as belonging to Baker
eiuglv.--Tbe 'elicitor for the esciiie said the crown had a
double claim.

COURT OF REVIEW.
Ex rat= HOLLAND RN LEEDS AND WEST RIDING
AkNII3IO COM PANY.—ANNI'LLING FIAT AGAINST Pt OLIO
COMPANY. —Mr. Swanton mid that the arrangements had
been cromptettd for settling the affairs of this company

The Chief
f
ap the

BILL L.
A bankrupt
WelCiagton,
rapt stated '
Colliery.

• periOrt
50 to 300
was to git
attorney, e
He commenced
beet practice
year of his era
come security
considered to bt
of his creditors,
be (the bank _r)
1845 another meeting ,
as that in 1843 wan arrivedat, and upon that
occasion, Mr. Atkinson, a bill broker in the City, calmed
to advanc: him 5001., rather than hashed& dap. Aseerre
meeting was called in 1846, and it was seek agreed thst
he should go on in bushier, he beta t 1 a ealicitor le Iles
Shropshire Mineral Com , trees Ms= he bed resslned
the sum of 1,1501. for aenMr. He bedienve boggle ter
speculated in shores. He had kept (I eleeka, and this ex-
penses were about 3501. a year. There Mere hMe in. the Made
of Kemp to the extent of alms'. 10,011 W,„„ bat be (the bank-
rupt) hal only received about 7501. to 1,00•1: by bill trine-
actions, which had been increased by law exports and dis-
counts to the extent of 14,0001. A Mr. DIPIVIM who had
attended to oppose had received 410 per asst. Its bad
renewed no His since the fiat, and given so deentient to
represent any debt.
Mr. Commissioner Evans raid, tits Y sertaisly • Try
extraordinary ease, and one in which the bankrupt has
acted with great folly. I call it on *tracidimary case be-
cause he, on several emotions, called the enlaces together,
and, notwithstanding what he told thmn as to his liabilities,
they allowed him to go on in businesa.c. With regard to the
bankrupt himself nothing could be mete foolish for him than
to go on in business after he had lost thisseus of 4,0001. The
next thing is, that nothing could be more reckless than is
going on with these bill transactions, paying from 50 to 300
per cent discount, and nothing could be more foolish thsn
fur the creditors to allow him to go on when Intel, was the
ease. He appears to have lost 16,0001., which is not very
clearly accounted for, and a man has no right to go on
trading when he is actually ruined. tinder all the circum-
stances of the err, the certificate must be suspended fur 18
months, with ea* see. • !I's pratection.

ASSIZE INTELLIGENCE.
LANCASTER.

The commission was opened at the castle on Monday
evening, Mr. Baron Rolfe presiding at Nisi Prins, and Mr.
Baron Alderson in the Crown Court. Next morning the
judicial business commenced, when in the course of his
remarks to the grand inquest, Mr. Baron Alderson said :
It is a great pleasure to me to come again amongst old friends.
Six-and-thirty yearn ago, I began the Northern Circuit at
Lancaster, and hem lam again. In recaling this circum-
stance, one thing strikes me forcibly, and that is, that
although I do net see so many old faces as I could wish,
there is, in the limited number of cases for trial,
whet I consider a very important and gratifying sign.
Gentlemen, when I came here thirty-six years ago,
it was no uncommon thing for as many perams to be
called on to suffer death at these sashes, as the present
calendar now contains. No one can rejoice at the change
more than I do, for it relieves myself and learned brethren
from • great and fearful impossibility—since there is no.
thing so precious as human late. It may, nevertheless, be
occasionally necessary, for the safety of human life, to take
away human life. God grant, however, that in the course
of time, we may look for a more hopeful state of
things. We are suffering the penalties of oar predecessors
—for the neglect, by them, of carrying out those
plans of social amelioration which we are now adopting. '
I am also glad to see that we are all bet wiling alive to the
distress that unhappily exists throughout the kingdom, and
to the necessity of providing for our poorer brethren, and I
trust the good work will go on. We are now endeavouring
to solve the problem which has occupied the world so long—
to promote the accumulation of wealth, and at the same time
to provide for its equitable distribution. We have hitherto
acted 0.1 the first principle. I hope we shall now act on the
other ; and that some minister will come forward and stand
between the dead and the living, and thus stay the plague.
The cases beard, up to yesterday morning, were of local
interest merely.

been completed
* Of.
4.461 N

t proceeding with the fiat. is was therefore agreed
e ti A should be annulled.
Chief Judge accordingly ord the got to be an.
and directed lint care sbno' he Oaken in drawing
i order, es it was the fled grim she ad ren-
public companies liable to ban
COURT OF BANHR
Before Br. Coro ' DIM&
L DISCOUNTINO.—SWIPENSIO eV OMMTMCATII.
krupt named Oarbett, a so ' . mad bill-broker at
,gton' Salop, applied for bia Tbs bask-
ated that be W:l4 not a proptie in dig IYdsy#dd
y. He had got into a reries o bill tomes iid*
on named 'Kemp, upon which a dims* Ile Ill=
CO per cent. bad been paid. The phos him
glee a small bill of about 501, into elm bawllrita Jew
1,, and then 600 actions w he hsang
.unsit isa *gm gi.
nmenced business in the year and had about**
actice in the county, but u is dis Artt
bis trading. be lost the sum , baying be-
security for Mr. Thomann, mingisbaaa, who was
'red to be a solvent man. In 1 be mad sus=
creditors, and it was then
le bankrupt) should contioltullrs In
mother meeting was cal!?d, and As •118111 mugs