The Express.
London, England, 1848-06-17 00:00:00

tan) Entelluatitte.

NOTICE.
Common PLlLic—(Tetierrir —Thy court will, at the sittings
to be h„td.. eta oho 440, 24th, 220th,27th, 28th, and 2ilth day
sar
s of
June, instant., In to proceeding In ilinswing or toe
now pending in the paper of new trials, and in giving Jo,ig sent In
certain of the mettcre Oat; will than be standing err hie the consider-
ation of the court, on in disposing of any other business a• this
court in Its discretion shall ore AL

EQUITY CUUitTS.
Before Yoe-Chancellor Knight Brine,
ritIDMOUB V. WARDELL—VAUXHALL UAUDRNI.—The
plaintiff claimed to he an ignitable mortgagee of the agree-
ment cutler which Vatishe'l Gardens are held, and a motion
was made on his behalf for a receiver of the profit ~ and to
res•rain the present tenant, Mr. Wardell, trout ri miring any
moneys arising or scorning in respect of the property.—Mr.
Wigrans and Mr. E. it. Conk supported the mutton, and
reed an affidavit of the plaintid and some correspondence,
but the Vicc-Chnne. llor, without hearing Mr. Swanstun or
Mr. Lloyd, who appeared fur the defendant, remind the mo-
tion, not consiilenng the centimes sullitient t i rstabliah a
case for the interference of the court on en interlocutory ap-
plication.

COURT OF QUEEN'S BENCH.
Sittings in Lietusu,
HOLBROOK V. tttIt.C.—CuRNTY CouKr Pitacrtcs.—ln
this case a rule hod been obtained culling on the judge of
the county court of Suffolk to chow e ins: why a manda-
mus should not issue, commanding him to give protection to
Mr. Holbrook, who was a lieutenant in the navy, rind had
tiled a petiti..in in the county court in qutstion fur iv lief as
an insolvent debtor. No opplsition had been offered by the
oreilitors of Vie insolvent, but Mr. Kittle, the judge of tin
court, refused to give him his final order unless lie consenti d
to set aside 241. per am um out of Ivo half-pny. This tie in-
,elventosho had a large family and three blind chi &en, re-
ins d 1) du.—The Attorney-General now showed cams
mainst the rute, and cunt. mica —firmly, that it wss a matt. r
in the diaeretion of the judge; and, 2nilly, that an the in-
Bobcat had not resided pin months within the district of
the county court, although he had lived in the county,
the judge had no juthdiction and the matter
was not properly before 0141111ey followed
on the same sidc.—Mr. 1) dient suppurttil the rule, and con-
tenth d that the lialf-pay of an oiliest in the miry yrs. nut as
signable ; but, it I,ing admitted that the insolvent had fur
four months prior to Ms application real& without the din
trict of the county court, Lod 11, nman said the rule must be
discharged, but withou'. costs.

BAIL COURT.
Sittings In It tote, Mr..lustke
Et e&wrY. Swan. —11511F...01 Comors.—ln this caw Mr.
Hedges obtaiiied a writ of habeas corpus to he directed to the
governor of the Pcuitentiery, directing him to bring up the
body of a person named Smith, in order the he might be
able to assign error. In ulicditnce to the writ the prisoner
bow appeared on the floor of the court, in the custody of the
deputy governor, and hand,' in a pap. r to the officer of the
court, which contained the errors asaigned.—Mr. Badkin
stated that he was to act as c unsel on behalf of Smith.
PAYNE V. Tetiit• E.—SALE or AN (fierce.—ln the
course of the pr sect d rot Mr. Parry had obtained a rule,
calling on the pla.ntifT to show c nee why a warrant of at,
torney should not he set aside, and the it. reorient, who had
been put in Whitecross pr SOT, by the plaintiff, ili,charg. d
out of custody. The plaintiff in this ellsa was the coroner for
the City of London, and formerly clerk to the msgistratee Itt
Guildhall. In the par 1813 he retired from that office,
and agreed to nbtsio the appointment fur the detemlant,
on the understanding that he was to receive the sum
of 6001. for so doing. The defendant succeolfd
the plaintiff as clerk t. the magistrates, and gave a bond for
1,000!. as security ;or the payment of the 600/., which
amount was to be received in quarterly instalments of 601.
The deferolstit having failed in regularly paying the instal.
ments the plaintiff hod entered up judgmint against him,
caused him to be arrested and taken to Whirecross-street,
where he at present was. Subsequent to his imprisonment
the .defendant had executed • warrant of Wormy with a
llview to procuring his rtlease.—Mr. Ilueorrey now showed
cause against the rule tilifaincd by Mr. Parry, and contended
1111 that the warrant of avoroey was not given in respect of any
amount already due en account of thc sale of tt•is office, but
as iteurity for those instalments which woad.l breast.. pap
and hence it was an instrument that could cot
be affected by the legality or illeg,lify of the consideration
for which the original lentil was g'v- n ; and, tin refine, the
warrant of attorney was a 'aril insitunont.—Mr. Metcalfe
in support of the rule, submitted that the warrant of attorney
was given with the intent' in of releasing the defendant
(rum custody, and was used as • further security to in.
sure the pament of the purehase•mor.ey of this office, and
that, as the 9111114/11.i011 was Mc ?al, the warrant attorney
was bad. The whole proctedings ou lit, then( re, to be
set *side, and the defendant discharged out of custody —Mr.
Justice Wighttnun said, r. tl e warrant of attorney was is
, before him, he eculti not ti.cide the question ; it, however,
I it was produced befur • :he court roe, ho w. uld give judg-
• meat in the matter, otherwise the rule must ha enlarged to
tam.

COURT OF EXCHRQURIL
nations I. !lance
The usual fitting in butte t,ok place to.day, but nothing
particular oak place in the lull court. In order to faciiitate
the despatch of business on this the last day of term, Mr.
Baron Alderson sat in the sin ill court, and dis,med of the
following case :
:HoNlAte C. WADDY.— PAHLIAMENTAILT AORNT.—rm-
viLLue mon Atinasr.—Mr. Mellor showed cause against a
rule to discharge, the defendant from arrest, on the ground
that the arrest took place as he was in the a.t of going to the
House of Lords to present a petition for an appeal, in his
charactir of parliamentary agent. The opp 'ration to the
rule proceeded on the m. tits rather thin the law, it being
admitted that a parliamentary agent would hr entitled to pro-
tection from wrest while attendiug on the Rouse of L reds;
but the counter-affidavits of the sheriff.' officer stated that s
when the &lenient %ea,. arrest, d he wilted he was arnica to
the House of Losurnons, and asked to be taken to his attar- i
as y, and they further showed that the emit took place on SI
Tuesday last, when, it being a holiday, the houses of puha-
meat did tot lit. Under these circumstances it was con- 2,
tended that the rule ought to ha discharged, and with costs. ti
—Mr. O. S. Evans, io support of the rule, urged that the lte
privilege belonged to his client, and that though it might be 4,
that the llouse of Lordei danot sit on the Jay in question, still
the ?rivilege attached, for the offices might be open though
the house did nut sit. There was a case in Carrington end 7,
Kirwan's Reports where a banister was held to be entitled
to protect:on film erne in the interval between two towns
oil the circuit.—Mr. Baron Aidenon . That case is not like
this. There is no &obi: of the law :it is clearly with you ; 4
but the facts ore as tie:illy against you. It does not appeur
that you claimed to he going to the House of Lords, and as •L
neither house was sitting on Whit Tuesday I very much 2.3
doubt whether your client was going to either of them. The 2
L rule must be discharged, and with costa—Rule discharged ti;
accordingly. tv

COURT OF BANKRUPTCY.
Before Mr. Cloconneeinner Evans.
nig ABINGDON BAN adjourned last examination
of the bankrupt, livery Knapp, banker, of Abingdon, was
fixed for this day. Since the last meeting an amended
bilance.shett !via been lited,estending from the 4th of April,
1812, to the Mb Oct,her, 1917. which gives the following
etas merit of the bankrupt's affairs :

Dr.
To ert.ditora 8100,219
To ditto, holding nevi-
city
Bank note —.... ..... 23.721
Prolitn ..

Cr.
By rood debts
Bad and doubtful &1t) -. 7,163 i
Pearl ty given up to tho B
omen.' ssignee ...
Ditto in Lands sf as B
di tors
LOWS
Dualism expenses...-.
Personid ditto 5,917 .!
Deficiency
2

.C.--149,71; I /149,71? I :I
The last item represents the amount in which the b .nkrupt P
was indebted at the period when the balance sheet com-
mences.—Mr. Ilawkiw, for the assignees, having csm- ,
plain d of the unsatisfactory nature of the accounts— :1
Tho Commissioner said it was impossible the bankrupt
could now pass. The item of 61,761/. deficiency repaired i
much explanation.—Mr. Lawrence, tor the bankrupt, said
this was arrived at by 'setting off the assets of the bank 1.
against its liabilities; the bankrupt had admitted, on a former ;
examination, that he had been insolvent since 1818.—The '
Commissioner said there was another item of 3,0001 ,a legacy, 1
which also required explanation. If the examination was 6
again adjourned, it must be at the b.inkrupt's own ex- 4
pense.—The bankrupt was shortly examined by Mr. Hass
kin'. Ho deposed—ln 184 i I executed a mortgage to
Mr. Thomas Or .lim, to secure a previous shames of 1
5,0001. by Mr. William Graham. The original sum .
was 12,0001. or 13,000/., which had been advanced five or 1
six years previou ly ; 8,0001. of it wns in I'ortuguese, and I
5,0001. in Dutch stock, the proceeds of which I received in
cash as an ordinary loan. Mr. Grahatn required no security i
at the time. The balance was reduced by his over-dimities 1
accounts to 5,0001. in 1345. At that time the mlrtgage to
Mr. 'f Lomas Graham was executed, in consideration of a
sum of 3,0001. due to him, aid also of the 5,0001. due to Mr.
W. Graham. Whether the mortgage was made j.,intly I
don't know. I was embarrassed in 1845, but the Grahams
were not aware of it. My accounts show 8,700/. to have
been lent me by Mr. W. Graham in June 1835, on which
interest was paid for several years. The balance was reduced
to 2,1581. in June 1841; but in December 1941, interest was
charged on the 8,0001. up to Christmas, and so in the two
following years. This appears to be a mistake. The advance
of 13,0001. by Mr. Graham was made through a broker. In
August last, I 'entre& • mortgage to Mr. West, in consider-
ation of cash paid to my account in London, the sum
being 9,0001. I don't know whether Mr. Thomas
Graham made the advance on his own account. or that of
some other person ; I believe it was on his own account. I
had an interest in a house and land at Tetherington, which is
held by my brother for his life. I sun entitled to it if he
should die without issue, but be is married. I have done
nothing to part with my interest in that property. Here
the examination close d.—Mr. Lawrence said if the bankrupt
was required to explain the deficiency of 61,7001., Le was
inerte unable to do so. There was no doubt the bank
had been insolvent for a number of years; the bankrupt found
It so when he took it, but he could not state how that insol-
vency had arisen. The Commissioner said it rested
with the creditors whether they negated on further
explanation. Mr. Lawrence said the bankrupt ad-
mitted that much of the deficiency had arisen from