The Express.
London, England, 1849-11-03 00:00:00

BAIL COURT-YESTERDAY.

Mr. Justioe Pontoon, who is to preside in this curt
during the present term, took his teat at a quarter before
two o'clock. No ease of any importance was moved, and
his lordship root in a very short time.

COURT OF COMMON PLEAS.I—YEsnaDAy.

Shortly after two o'clock the Lord Chief Justice Wilde,
Mr. Justice Mule, awl Mr. Justice Maims, took their
seats oa the beach. Mr. Justice Talfourd took his seat as a
judge for the first time.
DOl OX THI DAMAN or CittaCH V. PONTIPZX AND

_
ANOTHIR.—GRANTINO ANNOITIRS.
Mr. fierjeant Bytes, pursuant to leave reserved, moved in
this case, on behalf of the defendants, MMus. Fondle:, the
iron-founders, for a rule to show cause why the verdict
should not be set aside, and (as we understood) why a new
trial should not be had, or why the verdict should not be en-
tered 'or the defendants. From the statement of the learned
ssrjeant it appeared, that this was an action of ejectment
which was tried before Lord Chief Justice Wilde, at the
sittings in Middlesex after last Trinity term, wises a verdict
was fiend for the plaintiff. The plaintiff, Mr. Church, had
applied to the defendants, Mesas. Pontifex, to lend him
mosey upon some leasehold property, in order to enable him
to erect a brewery. On the 19th of February, 1838, it was
agreed between the plaintiff and the defendants, that the
latter should find the plaintiff all the materials
necessary to fit up the brewery, and that they
should Mee advanos him money. In return for
this accommodation the plaintiff was to grant an &s-
-melly to the defendants at the rate of 11 per cant. into-
rest. That annuity, however, was to depend on certain
lives, and the amount mammary to be paid in order to insure
the lives reduind the interest to somewhere about 5 par
ant. Several advances were made by the defendants to the
plaintiff, altogether amonating to the sum of 3,1231. 13e. 63.,
the interest upon which amounted to 601.85. Od. Part of
the money so advanced oonsisten of the sum of 1,8821. odd,
which was the amount laid out by the defendants in fitting
up the brewery, and 1,3031. odd money lent by them to
the plaktiff, which two sums included interest. In the
month of April, 1839, an annuity deed was executed
by the plaintiff, by which he agreed Ii pay an
annaity of 3331. per annum to the defendants. Sable.
gauntly the plaint ff failed to keep up the payment of the
annuity, whereupon the defendants, by virtue of the annuity
deed, had entered into possession of the brewery. The
plaintiff then brought his action of ejectment, and obtained a
verdict, the ground of the action being that the deed was not
inumissch as there was an informality in the memorial.
The objection was that the memorial of the deed did not
state when the cheques given by the defendants to the
plaintiff, on account of money lent and advanced by them to
Mr. Church, became payable. The learned serjeant now sub-
mitted that when a party gave another a cheque, it was with
the understanding that it was payable on demand, and not
at any particular time, and also as We annuity deed had re-
f. mace to a past consideration, the greater portlia of the
money having been lent before the dead was executed, it
was not necessary to state how the money was advanced.
The third point was that as these cheques had been paid 3t
was not necessary to state in what manner they were paid,
for it was quite saffoient to describe them as "money,' and
the memorial set forth that goods had been sold and de-
livered by the defendants to the plaintiff, and that "money "
bad been lent and advanced by them to him. In support
of this proposition the learned serjesnt cited the case
of "En party Michell, 2 Rag, page 137". In the case
of " Bull o. Sack" (lit Exchequer Reports, p. 300), the
Court of Exchequer held that, to decide that a memorial of
an annuity deed should state bow each aspirate sum of
money wes advanced, would be equal to saying that annui-
ties could not be granted on past considerations. Under
these circumstances the learned sarjeant submitted that he
was entitled to a rule.
The court granted a rale nisi on the first point.
Ciains e. Boat.—Feracaasuria Doos.

Mr. Burney moved, on behalf of the defendant, for a
rule to show cause why the verdict in this come should not be
set sable and a new trial had. This was an action
tried before the Under BherS of Middlesex in
1 July last, when a verdict was returned for the plaiatiff

far 9L, the defendust having paid 101. into court.
It appeared that the plaintiff resided in Shropshire, and
the defendant in Devonshire, and that so long Ito as the
simmer of 1846, the defendant being is town, told the
plaintiff's brother that he wanted some dogi, and accord-
ingly the plaintiff sent the defendant a retriever and a setter
from 8h hire into Devonshire. The plaintiff's brother
wse the only witness examined oa behalf of the plaintiff at
the trial, and he stated that there OM :a yard agreement
between the parties that if the dogs did not suit, the de-
fendant was to send them both beck into Shropshire, and
pay the carriage. In the month of September, teed, the
t tried the digs, when he found the setter to be
a useful dog, but that the retriever was utterly worthless.
Upon this, he wrist* several tines to the plaintiff's
brother, offering to pay 101. for the setter, and aging:
that he would not keep the retriever, for which the plaintiff
asked Si. Mr. Barney now contended that he was entitled to
a rule, OR the pound that there was no proof that the de=
(indent lied accepted the dogs. The Court, however, were
of opinion that the contract between the plaintiff and the
_

itioliadist was a Pawl asaweet aad not divisible oar, and
Skate theretwe, the lishadaat was bound either to keep both
the dor, or tie rebus Ikea both to the plahstiff.—Rale
tersaid.

JOT v. Baucr..—Buz. TiaxsAcrioxs.

In this ease the defendant appeared in person, to move
for a rule to show enure why judgment should not be arrested.
This was en action brought nominally by one APred Joy, but
in reality by a person passed Roeaetti, a enchmaker livinz
in Drury-lsae, against the defendant as the acceptor of a
bill for 201. odd drawn by one Adolph Henri. The bill was
en accommodation bill, and the action was tried before the
Lord Chief Baron at the last Hertford assizes, when a ver-
dict was found for the plaintiff for the full annuot. The
defendant, Mr. Bruce, now moved for a rule on two grouncs.
First, that he bad given Mr. Round a promissory note for
301., drawn by • Mr. Woodman is favour of Adolph
Henri, and that Mr. Rossetti bad received the amount of the
bill in goods. The gonad ground was, that the defendant bad
been discharged under the Insolvent D:bton' Act, and
therefore was protected by that discharge. It appsared that
Mr. lloasetti, on the receipt of the 301 promissory note. had
forborne to sepia: against Mr. Bruce at the Insolvent
Debtor's Court, and had stayed all proceedings in the action.
The defendant had obtained an order from Mr. Justice
Williams to plead, in addition to his first plea, by which he
denied his acceptenee that be had been discharge t wider the
Insolvent Debtors' Act, provided that he paid the costs
incurred subsequent is his first plea. This the defendant
was willing to do, thinking the expense would
, be very trifling, but finding it was considerably more than
he expected, he applied before the trial came on to be allowed
to plead his discharge under the Insolvent Debtors' Act ;
but this the lend Chief Baron refused to consent to. Mr.
Bruce, in the coarse of his address to the court, read an
affidavit of Mr. Woodman, a schoolmaster at Battersea, in
which he stated that he bad bought of Adolphe Henri cer-
tain iaatruments of legerdemain pled by conjurors, for
which he had given the promissory note for 301., and that
instead of paying the note ho handed the instruments over
to Mr. Rossetti. Mr. Brace now stated that he had been
unable for some time to find out who Alfred Joy was, Mr.
Rossetti and his attorney, Mr. W. Philp, having reused
to give up his address ; but it now appeared by the
!affidavit of a Mr. Terry, the clerk to the solicitor who con-
ducted Mr. Bruce's case in the Insolvent Debtors' Court,

that he was a workman in the employ of Mr. Rossetti. Mr.
Bruce now submitted that be was entitled to a rule to arrest
the judgment, for the reasons which he had stated.
The Lord Chief Baron said that the proper form of the ap-
plication which the defendant ought to have made would be
for a rule to stay preceding,. The first ground upon
which the defendant sought to amid judgment was
that of payment. The court could not notice that
statement, as the defendant had merely pleaded that ha did
not accept the bill, With regard to the second ground,
namely, that the defendant had been discharged under the
Insolvent D.daters' Act, it appeared that Mr. Bruce had ob-
tained en order to be allowed to plead that fact, upon the
payment of certain costs. It was Mr. Bruce's duty to have
had those costs taxed if he thought too much was demanded
of him ; but not having done so, it was not in the purer of
the court to grant his application. •
Rule refused.

COURT OF EXCHEQUER.-iEf3TERDAY.
STITINUS IN BANCO.
. _

The judges who aiei;ip;eu for this term are Sir F.
C. 8., Barons Parke, Alderson, and Rule ; Mr.
Baron Flat at Chamber
. . .

In consequence of the Lord Chancellor's breakrast to the
judges and Qtmen's coated, and the usual formalities ob-
served upon the drat day of Michaelmu Term, the court did
not sit until two o'clock.
. _ .

The only cue deny interest was the following :
IN THE MATTER OP THE HAMMERSMITH RENT CHARGE.
—WHAT COSTA ARE ALLOWED UPON AN INQUISITION TO
ASSESS ARREARS OP RENT CHARGE ?
. .

The Attorney General moved for a rule to rescind en
ord: r made by Mr. Baron Parke in this use. By the b:tied
section ut the Tithe Commutation Act (6 and 7 Wm. 4, e.
71) it was enseted, that where rent charge was in arrear
and unpaid for forty days, and there was no suflicint dis-
tress on the premises, liable to the payment thereof, i; should
be lawful for any judge, upon affidavit of the facts, to codera
writ to be issued, dieeeted to the sheriff of the county is
which the lands, chargeable with the rent c:wrge, were
&hutted, requiring him to summon a jury to emu so the
amount of arrears remaining unpaid and to return the in-
quisition taken thereupon, to one of the superior ecurre
within a certain time. After service of a copy of Lre writ
and notice of the time and place of executing it, upon tile
land owner, the sheriff was required to ca-cute it. The coats
of the inquisition to be taxed by the proper officer of
the court, end thereupon the owner of the rentoharge
might sue out a writ et habere facies poor odor em, directed
to the sheriff, commanding him to cause the owner of the
rent charge to have pusession of the land. In this case the
rent charge was in arrear fur more than 40 days, and an
order was duly made by one of the learned barons for a writ
to the sheriff to mess the arrears due. The landowner tack
out *summons to set aside that order, upon the ground that
then was sufficient property upon the premises The ques-
tion was fully discussed, end the result was the summons
was discharged. The inquisition was then holden, and the
necessary return having been made, the costs (which were
very considerably increased by the proceedings adopted by
the landowe.er) were taxed. The Muter held that, as the
summons had been discharged, the landowner was
responsible for all the costs incurred. Whereupon
the summons in question was taken out before
Mr. Baron Parke, to review the taxation, and
disallow all the coats incurred subsequent to the inquisi-
tion. It was now submitted that the words of the ac: in-
cluded all costs necessarily incurred from the application for
the order to the sheriff to assess, up to judgment.
Baron Alderson said the question was whether the learned
judge, who discharged the 1111101010111, should not have settled
the costs at the time.

The Attorney-fleneral admitted that might have boon the
more simple course, but the muter was clearly right. It was
a question of great importance, for ix eta to a very large
amount were incurred, and the tithe did Rot closed a few
shillings in this ease.
The nun intimated their desire to communicate with Mr.
Baron Puke before they decided.

ARCHES COURT.—YESTERDAY.
This being the first day of term, the ordinary forms of
prayer, &c., were gone through. The court was unusually
crowded, and there was a very large attendance of the learnen
civilians.
COOPIR e. PODD.—RIMUSAL TO BOST.
The party before the court is the Rev. Edward Dodd, who
was cited before the court by the Bishop of Ely, fur his hav-
ing refused to bury one of his parishioners.
Mr. Dodd appeared in person, and opened his case by stat-
ing that he denied the power of the court to adjudicate the
quest'on.
The Judge said that war the question now for the court to
decide, and after bearing Mr. Dodd, and Dr. Haggard's
reply, it would give its judgment.
Dr. Haggard observed, this suit commenced by letters of
request from the Bishop of Wy, on the 31st Dezember, 1848,
against the Rev. Edward Dodd, for having refused to bury
the body of one of his parishioners of the name of Btuker,
in the church-yard of his parish, in Cambridgeshire; a de-
cree was issued and other proceedings were taken, to which
the party did not appear, when the court pronounced him
in contempt. Articles were afterwards brought in, and Mr.
Dodd now appeared in puree to sustain his protest against
the pawer of the court to adjudicate in has case.
The Judge called upon Mr. Dodd to proceed with his
case.
The Rev. Mr. Dodd having been allowed by the court to
take his seat by the side of the civilians, said, this was the
fifth time be had appeared in that court. On two occasions
the judge had been absent ; but on a later occssitu, the
judge being present, he had presented to the court a pro-
test in writing, denying the power of the court to adjudicate
his cue. He contended that the 68th Canoe, t' which
his case referred, was both bad in law and in
religion, that the letters of request were bad in law and in
equity, that therefore the proceedings instituted against him
were unlawful and invalid, and under such circumstances he
claimed the protection of the law. The rev. defendant re-
ferred to 26 Henry VIII , e.. 9-19 and 21, sec. 1, and 16
Ricbud 11., c. 5, the canons of 1603 and 40. With these
precedents before the court, he contended the judge could
not, without a breach of the law, take further protcedings in
this cue. He therefore protested agtinst the judge adjudi-
cating in his case.
The Judge—The question before the court has reference
to the 34th statute of her present Majesty, and Mr. Dodd
was cited for an offence against the statute law, which had
no reference to the 63th canon.

Mr. Dodd protested that the accusation was null and void,
that the 68th canon was not law, and had no reference to his
ease, it being to part of the ecelesisetical law, and contrary
to the statute law • therefore the bishop could not, neither
could this court take cognisance of his case, being in both
instances invalid.
The Judge would ask Mr. Dodd if he denied committing
an offence against the church. for having refused to bury a
psrirltioner. The canon of 1603, which bad been referred to
hy Mr. Dodd was not in existence at the time of Henry VIII.
The question now before the court had been argued on Ca-
ner amnions, and the decision of this court, with its power,
bad been confirmed by tho privy council.
Mr. Dodd held, that the 68th canon was repugnant
in principle and contrary to law. Me contended
that the judge. bad not the power to
betscie him if
he did the judge was liable to usperided
from his office; snider such circumstancre he (Mr.
Dodd) felt he could not have a fair trial by the
nature of the situation of the judge—he must he partial; and
therefore he (Mr. Dodd) denied the power of the judge to
vti4
....
decide this case, or that there was any law to touch his
offence. Be (Mr. DodJ) knew the weakness of IV }: pi
he felt he was like a cock-bost in a strange sa,.
( -
pilot or rudder, for he had to nomad again' ajoatipt "fia ..• `\
- .
t.t..'• ' ' „i.' ji
1-: ,-- :...`, 1.. • : .
..'ki. .'..
ti A. l2'‘.• • ...:.
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K'_.ik.il 11.1 • ' ,

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row

pee** civilise, wise was saptilated writ all the legal and
tended points on Wu qesmisa. The MC ISSt/111■0111 pro-
ceeded to algae hia ere at vest Mg*, sad fame, ammo&
that tbe oasis of 1603 masses nise of tits tree shut*
Mislead ; se satineesavean,sad what the
seam of Cantabety esesested he that of York
Me held that the law est he* in lite rubric was smeary he
MMthat of the mem and else dist the ms= wee ad
e essordasee with tIIS law of the *Musk; was at am
Ism lime merest to the law d the *wok the sedum
law, and the essamea law; that whist was prehibited by
the Wide INS exceeds'hy the isms law. Me (Mr.
Dodd) esatimisi that the obi He whisk gemmed the
ohm& wen set repealed •In wm net 'May jail-
flea. WA peelestskley tins In the wane be lad poem*
the del
s. sohlivolslodas esmaphildi el ay C Clen=
end the aspens itai tremble he led been pet tie,
him hem his widens at a /Meat pert d
ad fi the matey to
Mead this ewer% Is whimb hen Menet
times; thought
_ONO might had wo
lave limn semi le him, if
thejYte Wasp had hind a
pe ens is !thews disease. Is apoge-
es, eppearkes is eta balm the wart, bellied ef
Porellom and Mal* be mit be led
bean te is se hem his kalillty to
piw the vest exposers that meld he it by
Eastbe *sties, nil imam* several ewe when
had expended ow lei upwards le sells d Ws
s. He telt he was est la a mid den la
vast a sem. end, under sae drOSlNlsseshile
In mad as Ms ewe ad the le ham he wasm;r7
kg mire airy greet the psedieed
talent of the mud of WIN deems of
103 was valid for kis mestlnwalthe the lII* earn 011810
was valid he his /chose sal peralseWn. He weld mill
ishtenti that the seed had no jadadistles M his me, and
are ware may ethic eases In sessesiss with die akar* of
whin this nut weld mks se tense. He said he had
to complete dike mom let ~he had bees premiered
is mostempe. His steam mared whim a Prerogative and
ma Arches Court were belt cm themes day, ea arrangesust
established by Sir ;ohs Nielsen is, the maples ef
failitaing balms, bet he sentended this was a -ristatiee If
the man law, and thezehre sites should not be put to
the espies, edam hem s ea the pert ef the asset is
&Meg swim wide' of their -eg. He farther held that
the giesserater *sold amen le wen esd set by his pat-
ter, sad** *5 wart bud peessla of this.
The Sedge *eight mesh isessaseience meld arise hem
wok a samelty end Wiled upon Mr. Dodd to paint est
ere when the seises had din* it.
Mr. Dell did net redoes say, let *shed d the end
to wham he .rust leek he the payment of hie eats if he
were sneer efel to W nit, her he Modred of ohlakdoB off
!Pm Mr. Cense, who was the promoter of the suit lima
had of_the bishop and of Mr. Band, bat he Mil
Mmagers hem either dthem.
ATM Judge mid they, no more this the court, wan bevel
le erne *et gesstion.
Me. Deli sail he had finished, and wished te knew if he
suglaThe rilitgeftrepliedDLliegrardtiat it wee dips diserethe of the
end. sal the permitting would apes the line if
argument waned hy the ether elk, sod whethee some is.
pleas*. was assfaimy.
Dr. guard ea that Mr. Dodd had dhpulleil the
authority of the end ea two petals— first, that ft bed it
juriediedea is the me ; micoedly, with respect to the judge,
that be was iacmpatest to entertain the use., as he would
he judge la his own cam. This was setae flat time that
came of Welded had come before the end whisk weemdar
the Discipline Ad. They had nem* he* balm and
idea the set 3 & 4 Viet. The pewee premedlegs wen
founded apes that set. Two teems bed sp-psered Wm this
alert dmfiar to the wee* sines the man of that ad ;
sae was hen the dimes ef Ely, the veer twat the disuse
of Norwiik mad is hi* mesa the ilsrgymes had Wm* te
ban the sews. Thies crew When dimmed *Awl
length by esuneel SU betli sides, bulk OWNS' sousMC*,
tapes late the lined
aimant whish had been pummel by
Mr. Dodd this day. He Dr. Haegerd) held that as swiss
at 1603 odd 1640 Ited bees sanded as law bed they
W ben repudiated from their first appearance,' Imam
they add net be hold rep or coded as an authorityy bee the
as alp ma 4 Visions was design, sad gat jarhieska to
mem el this idol to this court. The leaned ads *se
steeled the me of Nurse v. Hasehaw, la the &sem of
The biel Norw and anent *then ia n 444 ef bk
ms was patrcu of the lidos, sheathes he was
impelled to esad the ease is this cont. A
arose was then saythleg fatal ia provedieg with is
the mein sad mars had Ms is weveraace with the rules
of the court. He felt nothing had bon sold by Mr. Dodd to
peeve the ineellideny of the authority of this dart is men
of
this kind. He (Dr.lleggsrJ)inatended that seiner ground
est forth la the protest weld be sustained, sad therefore
that the cease must proved, and called upon the coast to
overrule the pretest.
Dr. Hayford, on the ems side, argued that the letters of
request, premated by the bishop, were legal sad could not be
avoided.
Mr. Dodd replied; that the coarse wend by the bishop
was illefetr.sed
The Judge said he had nit week doubt es the
questies, bet r Mr. Dodd had refertd to eels of parliament,
he
(the judge) would took over and give his desist= es the
der err day.
This arse ecespied the dart the whole day.

COURT OF BANIERUPTCY.—TESTEADAY.
Duna Ma. Ccenuasionaa sunless.
Tug Cauxuama Geaumet
This was the first muskeg. for the proof of debts and choice
of asigene, in the cue of J. Elio, lessee of the Ceemorne
Garda*, Chelsea. The failure is rather a heavy ow, and
the Gov't was densely weeded with creditors sad pink
intiestuA
A proof tendered by Mr. Thomas Foulkes, of Bitches%
for 1,6001., on four bills of exchange accepted by the bank.
rupt, was opposed by Mr. Taylor, the solicitor under the fiat,
sad the erethror was questioned as to the cluoidere•ion. He
depend that the Ws were given in respect of 5001. paid by
him, as one year's rent of Creaming. House and (or build-
iap on the premises. The money had been paid for Mr.
Nicholson, a former lessee of the premiss, whose liahiliries
had been taken up by the bankrupt, by whom the bills bad
slam been renewed. Mr. Nicholson sold his interest is Cr..
morns for 1,9001. to the bankrupt. W:tuess had pnvioasly
artatal the ball-room, the work in which was valued at 4801.
He had made no entry in his books of these bills, at of ally
of kis Mane elites with Nicholson. Had petitioned this
matt is 1843, but his petition was dismissed. Had been
three mouths in the Queen's Balch, and had boss previ-

ously bankrupt, 20 years age.
Mr. Renton Nicholson, better known as " Harm Nichol-
son," stated that he sold his haterett in Creators's, in 1843,
to the bankrupt There was a written agreement. He
then owed about 1,2001. to Mr. Foulkes. whom he first
knew in the Queen's Bench, in 1843. Foulkes supplied
him with money to pet out, and afterwards lent him 3001.
to pt reesterion of Cremorne-gardens, —a condition of
which was the palm, at down of one year's rent. lie knew
of the work dons by Mr. Foulkes at the gardens, the value
of which would be about what he had atat d.
Mr. Taylor said he should require the production of the
books; and
His Honour, observing that it was not at all clear to him
how Foulkes get the money which he was said to have ad.
nand, directed the proof to stand over.
Another proof, tendered by the same party, for 401, money
advanced, was also opposed. Mr. Foulkes admitted having
bad some liquors from Cremona, during the season; and
the proof sou also adjourned for the production of books.
Mr. Dawes, the assuager of the hotel at Cnneorne, ten.
dared a proof for 2J31., as the balance of were due to him-
self and wife, they having been engaged at a sa ary of 3001.
per annum. Application was made by Mr. Dawn's solicitor.
under the 168th section of the new act. for the payment of
three months salary in full to Mr. and Mrs. Dews..
Mr. Taylor objected that this claim was not well founded.
The act directed this payment in respect of services ran-
dared immediately before the bankruptcy; and and Mr. an
Mrs. Dawes hid not been in the bankrupt's service for 12
mouths ;previously.
Hie Honour admitted the force of this objection. Toe pay-
ment in full could not be anima ; but the proof mast be
admitted.
None of the other proofs gave rise to say discussion.
Amongst the creators were about a dorm females of the
ballot corps, waiters, Re., who each proved for small amounts
du as wort
Mr. Dabiurg, of the Haymarket, gave notice to chins the
model of the Bettie of Waterloo, and its fittings, with some
other property in the gardens, which he states he bad lent
to the bankrupt. The matter was referred to the solicitor
wader the fiat.
The amount of debts proved did not embed 3,0001., but
the total of clams expected to corns against the estate is
near 35,0001. Of the value of the assets so unrest estimate
can yet be formed.
The choice of assignees we. unopposed. The following
gentlemen were appointed : Mr. Thomas Clark, distiller, of
Albany-road, Regent's-park ; Mr. Thomas Mowatt, wine-
sentient, of Tower-hill ,• sad Mr. T. F. Sweden, of City
Wharf Basin. The official snipes is Mr. lurquand ; and
Mr. Hutton, of Backlenbaty, is the atiosatent.
BUM Ma. Ounmemena Forownica.
Tau Sr. ALBANO BANK.
There wee • last examinatioa meeting under the separate
flat against J. S. Storey banker, of St. Albert The
balance sheet, prepared by Ileekillep and CO., of Elam-
brock-coun, extended Son the let of January, 1840, and
contained the followieg items :—To capital, 6,6421 ; to me-
diton, 11,0001 ; do. Neared, 4 2834 ; liabilities. 1281. ;
profits, 33,6871. Hy geed debts, 2,6801.; doubtful do., 7941.;
by Pr''Perro. 3.4261; do. ia hands of creditors, 6,06 K ;
loons, 6,3861 ; bad debts, 1,3241 ; trade expenses, 17,836 ;
domestic and perusal do., 19,1001.
The bankrupt paned his last ezenination without opposi-
tion or resuk.
PIOCIMMEO TOR TEE REMOVAL or AM Aistawam
la the matter of Swinbarse, a bankrupt, amileaties was
made under the new est he flu remmal el the trade

swalowier raid the wit certainly pare the costairsioser
power Se nom an amiss* but left the stake anew dims
amides& NW ors Wpm*. was that it ought to De by
110111=leder old art, Mite Mort el Review ; other.
Nil woe awstmel, • swaveratteer
Who Ihe ea mime hag sot lows pro.
alewives& ell tort As the sem lidee to Mr.
Cematiwieser Cierallearee apart (IN whets bis Mow was
sew aittios), be amid probe that the applisatinstoed over
till that lensed eseaWainesse was in atteadanee.
This was weed to.
INSOLVENT DEBTORS' COURT.—YIISIMRDAT.
Boma Ni. *moos= low.
Iv its Gams Dun KIM.
Is *Mena Mr. Bans* appeared se mussel for a mikes
semi lVieinisiWW Cesd Mr. Dowse supported the applies**
saki sels.

TM roma of enmities was head aad • vexatious de.
hoes. ALUM five yam as. the Moslems obviated of the
late wife of the oppnrAng sralitor 1001., sad presaisid her 90
ma iatereet. He gave Mr • bead without • Gossip,
pa t.being
sad ea seed • short time MA, defended the &Mks. •
vardist wee °teamed, sad the tome were 471. The featilvest
sow admitted that he had the measly, and end he ham that
the petty assesed it, as be installed apes le make her will.
p
He hal WWI dlmbergod seder the adSweaty-lye your
ago, sad he Ids them eshodsfa beads sad aselmmodatha bills
atrrtsmasholeasr Law thought the ems wee very dime-
ash', ea dr poet fifths issleast. He, hewevez, appointed
a day he doe dad order. EDI Imear, is alludieg
atea mist
mist W Hr. Demon dig a essadeas daises was rest-
ated a esapidat emir the !Muds, Ask said the awa-
sha to massed, as Abaft 44 ass prevent W
pmmart
hem deader with 11. The dome calf wedded d-
hows whisk 'koala alasteady must a mord day from
Wisp gamed. I. sate lashases the .net Mg power to
duel with a ease Gs the 'tested mules.
• day wee mash
limas JILL OntlialliOlfra Paruirs.
This Is es Ciaaamoos RIDS.
allitteSt, who bad bees a sargeoa at Laighbereogli,
user apposed by Mr. Caertees he • number of arediten,
sad 'applaud by ILr. flargood.
lb. Gasslthit was t the insolent had ash away
with hie zperLy.
ilarearsod, to th
was iLeouree f
eoert:my=
MurstriessfersiseW, sag PM debis had beta esilested,
to die of the emblem manal/y.
Hr. Oemmialease emeidered the este required a
resuusl loader the dismodeasey Gleam ; sad as the las&
wat had been is
pool three maths, be thought an addi-
dead atm* would be safileisat to meet the kitties of
the ears.
The lamluat's wife, who was la mart, on hearing the
remand blame very stub alleseed, sad was removed.
His Ha mar hoped that, is fetus, melt things would not
take plass M mart. He bad observed the wife during the
Nee I. omit; sad it was improper to attempt to melts the
rity of the mart, or to sheik the true coarse of justice, by
appeals he its feelings.
i=t—lop months front the eroding order under the
dame.

MIDDLESEX BEBBIONB.—YEnTSIDAT.
Sanaa Ma. Searuser ADANS. amtwrawr fetus.
The seurt eat yesterday at the Gaildhall, Wesusiaster, to
asthma the leering of the appeals conateaeed on Tbunday,
se Carksasall.
MAZYLIIIONII v. ST. Gaeaon's me Till BAIT.
This was an appeal spinet an order of removal, by virtue
dada the maintenanes of one Ana Sellers and her idiot
son wee imposed upon St. lobos'.
Mr. His di sose for the appellant, and Mr.
Publey for the t.
The fide in the cue appeared to be these. The pauper
was married in It3o, at Lambeth Church. toWilliam Sellers,
a enures, who bed a settlement in Scotland, having acquired
none in England, and during his absence on a voyage se a
seaman to the East ladies, in the early part of the present
year, his wits and child beanie chargeable to the pariah of
St. George's, although the owners of the ship in which he
was "spud paid her 11. de. per month as part of his wages.
It was ascertained by the authorities of St. George's that
Mrs. Sallies had a maiden settlement is B'. Marylebone, she
having for some years prior to her marriage in 1830 lived in
the euviee of a gentlemen named Satchel', as • regularly
kind yearly servant, in that parish, and consequently they
°balsa an order from the Thames Police Court for the
removal of basalt and child to that parish. This appeal was
against that order.
Mr. Raddled's", for the appellant parish, contended that
the husband was not away from the wife in such a sense as
to reader her liable to be relieved to her maiden settlement,
brat that he was residing with her in the respondent
gabit within the manias of the law. The law was that
arm a man deserted and abandoned his wife, and had no
Mara to her, she end her children were re.
MOW& Whir maiden settlement, and sinless the husband
at the pauper were shown to have deserted her without
any intention of returning, the present appeal must prevail
Oa the Ist of September, 1849, the husband loft England
on a voyage to Calcutta, but he regularly allowed his wife
11. fe. a month, which yea peal to her by his eatployen ;he
headed to return (in fast-he had returned and had again
sailed) man could that be brought within the meaning of
the teem " desertion t " They bad been living together for
• umber of years • he went away for • temporary pur-
pose, sad be provided for his wile and child to the extent of
his mesas, sad it wee impossible that this amid be un-
stated into the ease of • man who ran away from
his haw and family with the Jetsam' never to
return to them. He (Mr. Radiates') should maintain
that legally the pauper and her buena were residing to-
gether, though he was on • voyage to Calcutta, and she in
▪ Chage's ; and is that were so, the wife Gould not be re-
moved bat by th.• mutual tosses' of herself and husband.
la the eats of " Regis' o. Stceamber I' (Arebbold's Justice
of the Pease, 4th ed., p. 636), as order was obtained for the
removal of the wife and children of a man named Stafford,
who was • prisoner la her blej-vy's gaol at Bristol, from the
parish in which she and her husband had lived for many
years, to that in which she had a maiden settlement, i.e.,
Stogumber ; but ae the prison in which her husband was
confined was situate in the parish from which she had been
removed, the Court of Quen's Bench held that, in point of
law as the husband ea wife were residing in the same
parish, they were tesidiag together, and that the wife could
sot be removed from that parish, consequently the ord. r was
gnashed:The decision in that case was applicable to the preheat;
but there was another case which clearly decided this question.
That case was "R gins e. Jacoluetone," wherein it was
held that where amen leaves his wife end chldren for the
purpose of main employment in another parish or town,
but cantributing as far as be was able during hie absence
towards their maintenance, he is still raiding with them
for the purposes of the law of settle meat, and that the wife
and children were not removable to any other parish whilst
the husband was away. The learned gentleman argued at
some length that there was no desertion in the case before
the court, and, therefor*, that the order was invalid.
Mr. Paisley cunt: iided, on the other side, that the order
was a good one, and that there was in this case such a de•
session as to render the wife and child removable. He
quoted • ease wherein it had been held that the wife of a
sailor, who bad gum to the West Indies in a ship of the line,
was removable to her sadden settlement beasts her hus-
band had left her.
The learned Judge mid that these last words were fatal to
the appeal, booms in tnis cue, as in the one just quoted,
the husband had " left" the wits. It was a most difficult
maitre certainly, and he thought the principle of the
queetioa lay with Mr. Hudulistme. Tee quer inn was
whether the voyage of the }super's husband to Calcutta
was a " desertion," and considering that " desertion" meant
a man abandoning his wife and family to whatever lot
might bed them, aid that this man went abroad in pursu
anus of his lawful avocation, intending to return and paying
the greater pert of his wages, taough his mare?, to his
wife, he felt convinced that it was not a deserti.n, bat he
must decide the cue upon the principle laid down in the
ease quoted by Mr. Pashley. Neither hlaryiebene nor St.
George's ought to maintain this woman ; the proper pariah
to bear that burden was that in Scotland, where her husband
had a settlement. He should cottiren the order, but being
extremely dissatisfied with that decision, he hoped the case
would be taken to th. Court of Queen's Bench.
Mr. Hudellestone said his client would do so, if the court
would grant them a ease.
The order was then confirmed, subject to a case.
The other eases deposed of were itot of sufficient interest
or importance to require a report.

THE POLICE CO ÜBTS.
MANSION-HOUSE.
CH4IIOII Of DIPIAVDING • PAWNBROilit.—John
Gary, who was some days ego charged with haying
committed a fraud upon a paerabrolur in Houndsditch, by
reprearting that a " defiles" chronometer had been made
by a celebrated aenafacturer, and nest thirty pounds, or
pintas, and obtaining upon it, by such representation' the
sum of 121.—was brwar. t before the L rd Mayor 6.r final
esamiaatim. Mr. Humphries appeared for tee prosecution,
and Mr. ROANE far the prisoner. From the additional evi-
' time ine filisnbi facts were collected.
apes going Into the pawnbroker's shop with
II tabs ipn which he Wad the laa of 62, was immedi-
akifeeettgnierd as the person who had received the 121. for
Ile delta" chronometer. The shopman at once iati-
leated to him that he was known so the person who had
= ler
the teak ; and the watch, which wee also a
Wannest," wsa detained. " Oh, oh," said the
pirkaser, " you detain my watch—do you " Yea,"
replied the shojaen, t' until you rodeos year ehronamear,
or do mouthing absut it." The pilaw was Sus oft
amp, bat at the desire of the shoonaa, who asked hha
left his name, he *TOW down W. Anne, Submarine-Mr-
I ma,Kingslead-road, *high was different trout that wide b
had Biwa on the former occasion. Immediately also-
walk* walked the prisoner again, accompanied by yaw
ma OK whew he ordered to take the pewee late wonsiy
win ilia his watch ; but the gar, spa labag
heeled of tie eel eircumstaness of tee we, astusail to Is
imbibe of In kind, and advised the prow eater W
tins to the prisoner. The abbe was
sad Ilha et fraud was accordingly brought.
Is bb mine-aansination by Mr. Mohler, the sbopman said
the article ought, from its index, to be as tight-day chrome-
meter. He cal.ed upon Mr. Anna, who said the chase.
meter bad been left there for Lisa (seeming kinueli) sad 11
the pawnbrokers was fools encash to laud Imre than it
was worth it warn their look oat; bat be sappesei it wail
but better to take is oat, and be append that was what wog
wonted. lir. Anne then wanted the shopman to take wine
or brandy, and further said he would stick to Gerry if it coat
him 100,0001.
Mr. 8. A. Atkin, a partner is the Ana of Atkins mai
Sou, baling trader the Ira of Brockbank, Atkins, and Sen.
of Cowper's-court, Contain, chronometer, watch, and desk
makers, said I havelooked at the article produced. Thu
name out it is " Brockhana, Corahill, sad the
number 462. It pap MS by its Judea on the bee Is be In
eight-day marine or ship obrommeter. It it mot anis by
us. The head upon the index doss not treanliadate
with the works, so tout it is a fie hien lo•
don et an eight-day aremosseter. The bon is what
the artiste is sontained is a good me, bat OW whole is net
worth mare tkaa 60s. or 31. I men that I would not give
nap for it. It was neither made for us nor sold at oar
beset. There is ao 8-a of Brusekb auk in Corahill that I
have heard of bat oar own. The dial is a said imitation of
oars. We pat the same of Brockhenk, Atkins, and Co. upon
wars, but the nine in the interior of this is Breekbaak,
Oempleoweart, City.
Xr. Enda, after wen examining the witness, said he had
bafas in ninon to pra s
he LIVIIIII of knowrisoner but
he tailed his Wasson winked to whether 1$