The Express.
London, England, 1847-02-11 00:00:00

THE EXPRESS, THURSDAY EVENING, FEBRUARY 11, 1847.

Mr. Corers:it's name was inserted in the original prospectus
It was further proved that the defendant had applied for
shares, and that he had been seen in the offices of the com-
pany, but the witnesses would not Rwear that they saw Dim
in the committee-room at the time of the meeting. Evidence
was however given to show that three days previously he had
received notice of the meeting, and that he had consented to
be a provisional consiaitteeman.
Mr. Cockburn, for the defendant, submitted that the de.
fondant was not liable, inasmuch as the whole scheme was
changed by the alteration which had taken place in the ap-
pointment of engineers, between the period when his name
first appeared in the prospectus, and the meeting of the 16th
October. The only way in which the plaintiffs could fix
the liability of the defendant would be to show that he was
present at that meeting, and that he adopted all the resolu-
tions pained on that occasion. It was not enough to show
that his name was in the original prospectus, but the plain-
tiffs were bound to prove, before they could support their
claim, that after the change of the engineers, the defendant
attended a meeting at which something was done by his
authority. There was no evident*, however, of the identity
of the defendant ; and even if he were present at the meet-
ing in question, resolutions might have been Famed without
his authority or consent.
The Chief Justice said it did net appear that the defendant
bad done anything in respect to the affairs of the company
after the 16th Oct- Whatever part he had taken was before
that day, and the case rested upon the circumstance
of his being a provisional committeeman, and of his having
had notice that a meeting was about is take place. It did
not appear, however, that he had adopted or recognised any
of the proceedings which occurred at that meeting. In short,
the evidence was not conclusive as to the defendant's having
been present on the occasion : and in deciding a question of
identity, it could not be said that a party was seen at a par
ticulor place, unless the testimony upon the subject was free
from all doubt. Upon the whole, he (the learned judge)
did riot think there was sufficient evidence to go to the jury
as against the defendant, and therefore the plaintiff must be
nonsuitecl.—Nonsuit entered.
GILES AND ANOTHRIA O. BAATOW. - The circumstances
of this case were similar to than of the preceding, and Mr.
&leant Channell, on the part of the plaintiffs, intimated,
that after the opinion just pronounced his clients would con-
bent to withdraw the record.

COURT OF EXCHRQUBR.
Nun Farm—Before air P. Pollock, C. 8., and a Common Jury.
Ilintowar e. POCOCR.—DETINTION IN PRISON or k
DEBTOR, ATTER INSOLTBNCY.—Mr. Bramwell was counsel
for the plaintiff, and Mr. Petersdorff for the defendant. In
this case it appeared that the defendant, who is an attoracy,
lodged, in 1839, an execution with the sheriff of Middlesex,
against the person of the plaintiff, who subsequently became
an insolvent, and obtained the would order for personal protec-
tion, upon filing his schedule. 101846 the plaintiff was arrested
at the suit of another of his creditomand afterwards obtained
the order of &judge at chambers that he should be discharged
from custody by the sheriff, who, however, detained him
upon the writ lodged by the defendant in 1839.—The de-
fendant was then e.alled on to direct the sheriff to discharge
the plaintiff, but he merely wrote to state that he had not
authorised the plaintiffs detention. Subsequently, how-
ever, a summons was taken out to compel his liberation, and
he was discharged with the defendant's formal consent. The
present action was then commenced for " wilfully and mali-
ciously" neglecting to withdraw the writ issued by the de-
fendant, and for having wilfully and maliciously delayed for
a long and unreasonable time to consent to the plaintiff's
discharge, after due notice of his detention. On the close of
counsel's opening statement,
The Lord Chief Baron said he felt it incumbent upon him
not to allow the public time to be wasted, as the plaintiff
must be nonsuited upon the facts stated by his own counsel.
The defendant was not bound to take any step with regard
to the writ ; he had lost his money by the plaintiff's insol-
vency, and there was no obligation on him to lose more by
withdrawing his writ from the sheriffs' office. The plaintiff
should have adopted the means pointed out by the Insolvency
statutes to obtain his discharge, but his creditors were in no
manner bound to see that their write which happened to be
out against him, exposed him to no inconvenience. There
was no ground whatever for the allegation that the defend.
ant bad acted in the declaration with malicious motives—be
had only done what he had a perfect right to do. So satis-
fied was his lordship of the correctness of this view of the
case, that he intimated his intention not to allow the jury to
awes the damages for the plaintiff even conditionally. The
nonsuit was then entered, with liberty to move the court in
banoo to set it aside.
Yesterday was the last day of the present common jury
sittings.

COURT OF REVIEW.

Ex PARTS COMER, 11 Cox.—B•nitatrrrer OP A CON-
HISSIONIR OF BANKRUPT, VIM= THII OLD STITIOL—IC
will be remembered that the bankrupt in this MI woe a soli-
citor at I)aventry, who was formerly a Comndesioner of
Bankrupt, and was, in that character, entitled to an annual
compensation of 351. By a deed, dissolving a partnership
between him and one of the petitioners, the latter became
entitled to half of this compensation ; and ho now, with the
official assignee, asked that it might be paid to the two in
moieties. The case stood over for inquiry as to the practice
in the Accountant-General's office, and as to the Lord Chan-
cellor's order under which the compensation was payable.—
Mr. Glasse now informed the court that the payment would
be made to the petitioners, if the court made an order for
the purpose, which was confirmed by the Lord Chancellor,
upon production of the usual affidavits of identity, and that
the bankrupt had not been appointed to any office disabling
him from receiving the compensation ; whereupon the court
made the order.
EK PARTS BDISBOW, RD BENHOW.—BIPODE WHOM AN
AFFIDAVIT or DISDT SHOULD He SWORN TO Sr. THE FOUN-
DATION OF AN ACT or BANKILUPTCT.—The bankrupt by
this petition sought to have the fiat annulled for want of an
act of bankruptcy ; that relied upon, in support of the fiat,
being the omission to pay or secure a debt of which an el,
davit had been filed in pursuance of the act 1 & 2 Viet.,
c. 110, a. 8. The only question discussed was as to the suffi-
ciency of tke affidavit, which purported to have been sworn
before a Mr. H hes, of Llanidloes, who described himealfas
a master extraordinary in Chancery. In support of the pe
titian it wee sworn that search had been made in the proper
quarter for the name of Mr. Hughes among the masters
extraordinary, but his name did not appear there. Tke
act does not specify before whom the affidavit is to be
sworn, but the practice has been to swear such affidavits
before the same persons, es have authority to swear perms
making affidavits in matters of bankruptcy generally. Mr.
Bacon supported the petition. Mr. Swan ton and Mr. W.
W. Cooper, on behalf of the petitioning creditor, asked
for a postponement, to give time to the parties in Wales to
make affidevits. The Chief Judge said the question
whether Mr. Hughes was a master extraordinary, might be
ascertained without sending into Wales ; and that it might
be a serious matter if his description of himself, as filling
that character, proved incorrect. However, the case might
stand over till Tuesday. when Mr. Hughes should be
allowed to offer any explanation he might deem advisable.

COURT OF BANKRUPTCY.
Before Mr. Commissioner rcebbinque.
A QUACK. Dorron —The bankrupt, Henry Newton, de-
scribed as a chemist and druggist, Northumberland-street,
Strand, applied for his certificate. He had been in the
above trade from July, 1844, until November, 1846. He
owed to creditors prior to July, 1844, 11311., and subsequent
to July, 1844, 3191. The gross profits were 4631., and the
expenses were about 8601. he assets were little or nothing.
The names of various newspapers figured upon the balance-
sheet as creditors. The bankrupt had taken the benefit of
the Insolvent Debtors' Act in the year 1844, prior to which
several meetings of creditors had been called, and an offer
et 20e. in the pound made, to be paid at the rate
of 101. per week. The only hostile creditor was
a Mr. Smith, en advertising agent, who had been
employed by Newton to insert advertisements pur-
porting to be a secret the bankrupt possessed for curing
persons of a nervous, or rather lunatic disposition ; but it
being ascertained that Smith was inserting advertisements
of Dr. Measly, who was an opponent of Newton's, he re-
fused to pay him (Smith), and would have no further trans-
actions with Mut. The bankrupt stated that Smith's debt
was under 401.—His Honour considered the bankrupt a
Truk doctor, and, under all the circumstance* of the case,
considering that he bad advertised that he had a cure for
mad people, and that his expenses were far beyond the
profits, he (the Commissioner) must adjourn the certificate
for twelve months.—The learned commissioner considered
these advertisements a mere delusion.

avert danger, the prisoner went into their rooms and pos-
sessed herself of articles that were lying about. She was
shout to leue the house with a bundle conceakd beneath
her cloak, when she was stopped by Charlotte liiittain, who
accused her of an attempt to steal some of the property of the
lodgers. On examining the bundle a variety of articles were
found, which were nearly ell identified by W. Mitcham,
one of the lodgers. The prisoner denied the charge, end wu
fully committed.
CLERKENWELL.— ANSAIMT. Edward Watts was
finally examined, charged by Henry Lester with having
committed an assault on bim, by which his left arm was
broken. The prisoner entered the house where prosecutor
was, and conducted himself in a brutal manner, when the hu-
man put him out. The prisoner swore to be revenged, and
afterwards waylaid him, and beat and kicked him so that
his arm was broken. The prisoner wu fully committed for
trial.
SOUTHWARK.—ALLIOED Roan/MT.—William Bar-
field, the night porter at the Catherine-wheel, appeared
upon his recognisance., la order to hese the depositions rend
over in the presence of the complainant, wno attended on •
warrant requiring his presence. The accused was com-
mitted for trial at the next sessions. Bail, however, was im-
mediately put in for the prisoner's appearance to answer the
charge, and he wu liberated from custody.