The Express.
London, England, 1851-11-15 00:00:00

THE EXPRESS, SATURDAY EVENING, NOVEMBER 15, 1851.

COURT OF BANKRUPTCY.—YranssDAY.
Morose se. Cianneineata G.U.St SM.
I\ lit Dever AND Bnown.—Jeuomeer.
In this ease his Honour said he bad reserved his judg-
ment with reference to the recovery of debts owing to
bankrupt.' estate% and he wished to give his r ensues fur
coming to the conclusion he had done. An apelieation had
been made by the wilicitor to the assignees m tine bank-
ruptcy fur an order to the Master to tax the costs in • suit
which he had recovered for the assignees of a sum of some
mown awe to the bankrupts, to tax him his costs to a
Mamenat than that specified in the County Courts
e 9 and 10 Vic., cap. 9. Everybody would see the
impetuses of this with reference to insolvent estates.
The debts were generally of some amount, and the sanc-
tion of this court was required before an attorney could
commence a suit for the recovery of a debt. In two of the
superior courts the same question hail arisen, whether under
the words of the act referred to he was or was not restricted to
:Vhis client 155,, or whether he was at liberty to make
and charge • much larger sum. The question was
ant raised before the Queen's Bench in exparte Clipperteas
in which the court came to the decision, looking at the
principle involved in the County Courts Act, and the were
of the section, the they were bound not to allow the attar
ney more than fifteen shilling% It was highly important
that suits in County Courts should be conducted as cheap
and expeditious as possible, and if eternise were allowed
to charge a larger amount they would be to a degree de-
tenting the object of the County Courts Act. A similar
case had afterwards come before the Court of Common
Pleas, reported in the LOW Journal, for 1850, page 165. It
was argued on the 27th of June, 1849, and the 25th of
February, 1850, when Mr. Justice Maulo took • different
view of the case, and said that he and hie learned brothers
could not concur in the judgment given by the Court of
Queen's Bench, and the attorney hail a right to be paid
fur work and labour done out of court, and that the
words of the act meant that the charge of fifteen
shiilings was for acting in the court, and that
the attorney was entitled to charge for work and labour
antecedent in getting up the case for every service not
actually done in the court, thereby reversing the judgment
in experte Clipperton re Green. It again came before the
Court of Queen's Bench on the 31st of May, upon en appli-
cation to review its former opinion, and follow the prece-
dent set by the Court of Common Pleas, when Lord Camp-
bell said it appeared that an attorney had been retaiued to
conduct • suit in one of the county elutes established
under the 9 and 10 Vic., and in the result, the plaintiff re-
covered 111. es. 7d., debt and costs, which sum was paid by
defendant to plaintiffs attorney. Mr. Toby sent in hie bill
of cost. to his client, and, after giving credit fur the surr, of
111. B'. 7d., there remained a sum of 161. 17s. -id. due to
Mr. Toby, which his client paid, under tile apprehi mien of
being sued for the amount. Lord Campbell then said, upon
application to tee th, costs, the sheriff relied on experts
Clipperton re Green, in which it was held that an alto=
could nut recover more than fifteen shillings.
Campbell said the 91st section was not clearly worded ; the
object of the act was to enable parties to carry on suits at a
comparatively small expense, but as the words of that sec-
tion were capable of the construction put upon them by the
COSMOS Pleas, hardships might some times arise, and they
felt disposed to adopt the 34111 C view, more especially as it
was highly important that the practice should be uniform.
They therefore thought that the rule should be made abso-
lute. A question had arisen, and would constantly arise in
these small suits; the commissioner sanctioned the recovery
of sin ill debts through the County Courts, the attorney
recovered the i:ebt, tied then applied for the costs to
be taxed upon the principle laid down in the
case last referred to. He (the learned Commis-
sioner) did not feel at liberty to dissent from such high
authorities. The Queen's Bench and Common Pleas had
both concurred that an attorney might charge for services
out of court in getting up eases, and that the fifteen
shillings only applied to what was done in the court. His
Illonour was bound to administer the law as laid down by
those high authorities. He would make an order that the
Masters in this case and others of the same kind do tax the
costs of the attorney in advising upon and getting up the
caw, the fifteen shillings being for services performed in
the court, to use the words of Mr. Justice Manic. It was
an important point so respected the administering bank-
, rupts' estates, (or in a great number of them the assets de-
' pended upon getting in the debts cheap and expeditious.
The order was that the meta incurred by this gentleman
out of court be taxed.
The attorney said here the debt was 831. and the costs 15/.

THE POLICE COURTS.
_ _ GUILDHALL.

bow Boyd, silk manufacturer, of Spital-square, who wu
charged on Monday last with obtaining goods on credit
within three months of his bankruptcy, ostensibly for the
purposes of his business, but in fact only with the intention
of pledging them, was brought up fur re-euunination. Mr.
liallantine again appeared for the prosecution, and Mr.
Kersey for the prisoner.
It appeared from the evidence that on the 15th of April
Mr. Bevis, a silk broker, of Ba.singhall-street, sold the pri-
soner a bale of silk, weighing Mb*. 2us., of the value of
1421. 9s. 34., and on the 17th of the 118111 C mouth another
bide, weighing 2391b5. 40z., of the value of 2431. se. 9d., at
five months' credit. The loss of the firm by the bankruptcy
was 1,2391. On the 14th of May the prisoner received from
Mr. Hobert Dodson, a silk broker, two bales of silk, weigh-
ing respectively 2041h5. and 1501 b.., and of the value of
2191. lac and 2171. Gs. On the 27th of March Messrs.
Alepson supplied hint with 11i6lbs. of °loanable, of the
value of 2491. 16.. On the 7th of June Messrs. iordati
and Co. sold to him a bale of orminsine, of the value of
16.. 9d., and on the sth April, Mr. W. Fisher supplied
him with 1.1911 w. of silk, valued at 2151. leo. 611., all at the
usual trade credit of five months.

Mr. Josiah Robinson, of the firm of Drakeford and Co.,
silk-men, Great Winchester-street, stated. that on the 17th
of April his house received from the prisoner three parcels
of silk and organxine, weighing respectively 1471b5.
liz., &fibs., and 721b5., on which they advanced him
5001. On the 16th of April they received a bale of tram
silk, weighing 2111bs. 6 oz., and a bale of organzine, weigh-
ing 160145. 7 on., on which they advanced the prisoner
200/., and en additional sum of 1601. on the 17th. On the
11th of June the prisoner sent theta two parcels of silk,
weighing lalbs. and 1021b5., on which they lent him 240/.
The whole of these goods had been sold, as Messrs. Drake-
ford had an authority to eel. They had advancod money
on silk to many persons besides the prisoner.
An assistant of Mr. Robert Attenborough, pawnbroker,
31, Crown-street, Finsbury, was called, and stated that
although a summons had been served on his employer to
produce his books, which it was alleged contained an ac-
count of sonic transactions with the prisoner, be declined to
send them.

Mr. liallantine applied for a further remand, and also
for another summons against Mr. Attenborough, calling on
him to produce hi, books, stating that if they were riot
produced on the next oce,e.ion, he should apply tar a warrant.
Mr. Kersey asked win they, after the evidence which hail
been now heard, the amount of bail required could not be
reduced.

W. Carden said that after what he had beard that
day, t
if he changed the bail at all, h. should increase it.
The priscner was ft n to Friday nest.
11.0W-sTREET

Afeed Barnes, a police co:Ura:de, 19 F, and George
BuleAer, driver of cab 1,465, were brought up on remand,
charged with collusion in attemptinn to obtain money under
false pretenses, by ropresenting to the employer of the psi-
saner Butcher that the latter had been tined 90s. instead or ss.
The evidence of Inspector Black, fur which the case bud
been remanded, having completed the depusitious, both pri-
soners were committed for trial. Barnes had been eight
years in the

WORSHIP-STREET.
AWL!! and Henry Ill'ulsby, two youths, were charged on
suspicion of stealing a cash box containing Bank of England
notes and gold to the amount of 48.51., the property of their
father, Charles Walabs, a builder, residing in Crab Tree-
row, Hackney-road.
The prisoners lived apart from their parents, but called
on them occasionally, and during the greater part of Thurs-
day the house was lett in the possession of James, who quitted
shortly after ter. The prosecutor proceeded to his bed-
room and found that a cupboard in which was a large
trunk, containing the described property, hail been un-
locked, the trunk forced, and the cash-box gone. When
apprehended, the prisoner slid, " I know nothing of the
money, but the old man bas been no father to me—the
right party will be found out."
Mr. Hammill remanded both prisoners.
Not any of the money has been found.
An athletic young man, named Robert Mathews, was
charged with cutting and wounding a young woman named
Harriet Turner, with intent to murder her.
The prisoner and his victim cohabited as husband and
wife. On 'I hursday the former went out fur the day, and
in the evening returning, and not finding the young woman
at home, went in search of her, and found her with some
young women and two men at a public-house in Turk-
street, Bethnal-green. He requested her to go home, but
she declining he threw his left arm round her neck, pulled
a table knile out of his coat pocket, and without uttering a
word drew it rapidly across her throat from under the lett
ear to the extent of several inches. She instantly fell
back, with the blood atriaming from the wound, but was
supported by one of the women, who removed her (rum the
bench, and laid her down upon the floor. As soon as he
had indicted the wound, the prisoner called out, " I have
done it—go out and fetch a policeman." An calker was
(etched, and took the prisoner into custody.
The prisoner, who did not manifest the slightest emotion,
was remanded.

MARYLEBONE.
Thomas Dors* d, a carter in the employ of • builder,
we charged by one of the officers of the Royal Society tor
the Prevention of Cruelty to Animals with cruelty to a horse.
Thomas Almond, the officer, deposed that he was in the
Edgeware-road, and saw defendant with a horse and cart.
Be was induced to stop the horse, in coneequeuce of ob-
serving that it limped and seemed to be suffering much as
it walked Moor, and on emanation he found upon it no
fewer „then four wounds, the whole of them being quite
raw, and one nearly as large as • crown piece. Witness
then took him into custody, when he said that if there was
anything the matter with the horse, he was sorry for it,
but it was no fault of his that the animal was brOkielt out.
Mr. Broughton went to the fr oat entrance of the cowl,
and there inspected the horse, which, on his return, he
said was in such a condition as to render the waling of it
an act of cruelty.
The defendant was ordered to ent.Tr into his own re-
eognizances fur his appearance at the court, and he was I
directed to bring with Lim his master, to whom the animal
belonged.
SOUTHWARK.
James llop4iits, aged 17, apprentice to John Barnwell.
wood turner, of Little Guildford-street, Southwark, was
charged with setting tire to his master's premises.

The complainant stated that the prisoner was his appren-
tice, and slept in a room adjoining the shop, while he
with his family occupied the rooms up stairs. About
half-past five o'clock that morning lie was awakened
by smoke filling the room, and immediately went
down stairs. On entering the chop he found that
a quantity of shavings and saw dust were on fire under
a lathe near the trout windows. Ile also fcund that another
fire was burning at the other end of the shop, upon which
he immediately called out to the prisoner, who was in bed
in the adjoining room, arid desired him to get up, as the
place was on fire. Complainant lost no time in procuring
buckets of water, with which he succeeded in extinguishing
the fire in both places, and he then observed that close to
both parts which were on fire was a quantity of hard beech
wood AS well as mahogany, to which circumstance it
WAS owing that the fire had not made more progress.
There were no other persons in the house with the exception
of his own children, who were up stairs, and every thing
WAS perfectly safe on the previous night at 10 o'clock, when
all retired to their beds. There was no one but the lad to
suspect, so he gave him into custody. A number of lucifer
matches were tOund in a closet to which the prisoner re-
paired as soon as he found himself suspected, and others of
the same description were found on him.
The complainant further said that he had been compelled
to bring him up to this court on three or four different oc-
casions tor misconduct, and that the last time ho was here
the sitting magistrate advised him when he got home to
correct him, as a master was justified in doing to his Lppren-
tice. Ever since that occasion the prisoner had evinced
great sullenness of dispoeition, and witness had no doubt
the prisoner had dune it out of spite and a revengeful
feeling.—ltemanded.

OLASOOW, Nor. 13.—We have no change of importance
to minty In thin inurket ueduy, only that. in corm queers of • eight
Increase an the purply ut cattle, ...ha were more rc ally concluded at
the imago( last week; of the Oxen there remained but • few unothl,
while of rhrep there at • :woe lei. The Number* were—Oxen, :V,
('beep, 3,106. The fJlowing were •he :—Cra. beef. boot 43n.
per owl. Innate 'be vireo; earn-ut, 40.. to 12..; interior, 120
to She. beat aged wethera, 51d.; current, 4(d.; inferior, 30.
to 4d.
MULLINOAS FAIlt, Nun. 11.—The annual fair, held yes-
terday, was lolly as well attended as any fur the lust few yen.; the
•uppy of all dacripttornof pt ok, with the eaception of Sheep, Urger
than that of tut ye tr. The number of linen wan each greater—
the majority of them were, however, of a very in•erior &aeration.
Hunks* were in good demand, and brought from SOL to 1401. There
was a large apply of two and three., ear olds of a good description,
which brought remunerative prices. flames lieu es were scarce. Eat
Itulloek• were much ,aught stet for the Scotch market. ant com-
manded gooni prin.. There wan a very lamps Sup; ty o 1 heifer. of a
superior quality, which brought from line. to OF. a head mote than
lat year; the averne awe for tbreaaar-olds being from Sf. to Wu
and for two-year-otos from 6f. to Si. Nearly all the lots were die-
posed at The prices asked for this description of thick was higher
by a pound a head than at lallinaelne. The apply of sheep was n
ett large at hot year. Prime arriders brought 4 e, not hoggteta
a waged from Sr.. to 42a, being about 4.. more than loot year. The
town in very lull, and there being an iarnenot number of those. re-
taining walla it in likely (hit the fair will continue fora portion of
this usy. Sewell Angli-h buyer. are °ea.—Nora British .Vail.

From the LONDON ci FFE.—Friday, Nor. 14.