The Express.
London, England, 1853-07-07 00:00:00

iLau) intethgenct.
COURT OF EXCHEQUER.-YE3TERDAY.

MI 11,0 I I, One'—Brio is 14a. Sip. bui-N
Au•mtiox, ILL UMe • PLAIT. Ma. 1141„s NIALIts.
C L WITHIN THE BAR.

Mr. W. I: Grove was celled within the bar upon b:s at.
poiutaient one of bet Majesty's counsel, and took kis
*cat woe:Singly.
Tun Q. EEN u, EDW D. MOST.

- - -
1 his was ademurrer to • ',Vocation. A writ of eaten!
had been issued against the goods at the same time ; but
in doe otuer hand, it was contended that the appointment
Of the assign.•es. having in truth taken place at an earlier
peri-xl of di • day than the issuing or the writ, there was
no pr ',petty upon which such writ could operate. Now, it
Was r mere tega: tiering, to hold that in law there was no
fra•ti au of a lay, and ir. the prevent instance, it was absurd
to supp.i.e that both things took place at the same time
a rrson now 01 Sate, who was a bankrupt, and on the
same day, the defend tut, as assignee of the dankru..t,
claim.-11 the woods on behalf of the creditors. The question
WA', wheun r the .supodstntint of the utbual *swum at an
ear:i.r pero don the same day on which the hat issued pre-
no•nted the property (rosa Laing taken under the writ of
▪ Mr Baron Mertin said, that when the question was ar-
ise t it was leveed that the Crown hod a priority. inasmuch
as all thin.. ilone c," tL, same day must be held to he done at
isist.ln•. Coe i.is part he ile..ired to see legal fictions got
rid of, and toe law between the crown and subject assimi-
latc.l to tint bosesen subject and subject. Hence, lie
sh t.l I b..se his indurnent upon the actual facts of the care.
And, it her ig ussorahtedly tree tnat the appointment of
• flo e teak place at an earlier period than the issue of
the 'ft. be sl mild give judgment for the defendant.
Mr 11 iron l'.att tinwente.l. lie could nut Wink that it
was he province of the court to get rid of legal fictions.
It wt. not for them to alter law, but to administer it as
they fund it. Idsc.kinf, then, to the precedents by which
they wet- homed. bo found that it had long been held that
chore was no fraction of a day, as between the crown
arid ..h.• subject. The judgment of the court must therefore
be for t o crown.
Mr. Baran l'arke agreed with his learned brother Platt.
that the lid* of the crown must prevail. It had never been
the practice. in caws like this, to recognise fractions of a
lie had been reqtaie.ted by the Lord Chief Baron
W state to it de also was of the same opinion.
M•. H iron Alderson was not present when the case was
Sri A& and. 'hen:tore, gave no opinion.
•n• for the crown.
lei-. W. de. on behalt of the crown, applied for a Writ of
venitiori expenses. that the goods might be sold.
Mr kiii.r•too, for the defendant, did not oppose. He,
h see, withetl the court to order the sheriff to have the
property sold by an auctioneer acquainted with the business
of a m dater. as otherwise the goods would go for leas than
their value.
Mr. liar in Martin said that the defendant had a very
simple remedy. lie should get the goods valued by a com-
ped•nt prrson, and then tell the sheriff, if he did not obtain
that value for them, he (the defendant) would hold him
liable.
Mr. Baron Parke said that no doubt it was desirable that
the goods should be sold by a proper auctioneer, but
the c 'net could nut make the order asked for by the defen-
dant.
Gist.. r. FaiIIoNT.—CALITORNEIN IIitZREST.

TM, wu an actiou upon certain bills of exchange. The
question tra...etl in the argument before the court woe,
whether the &readmit ought to pay to the plaintiff interest
at thy rote of teen!yfin per cent. upon certain dis-
honoured hills; that being the rate of interest payable at
Bea Irsccuica, where the bills were drawn.
Mr. flirm Alderson cow delivered judgment. He said
that the roan had come to the conclusion that interest after
the rate of 2i per cent. ought to be paid.
Judgment accordingly.

SECONDARIES COURT.--YEsTERDAY.
t. HALMS AND OTHIRi.

The defendants in this case were the printer and regis-
tered proprietors of the Daily News, who had allowed
judgment to go by default, and the present was an inquiry
to auras the damages in respect of the libel complained of
In the action.
Mr. Sorjeant Byles and Mr. Henderson were for the
plaintiff; Mr. Hugh 11111 and Mr. Well. for the defendants.
The libel complained of was contained in the following
statement, in the prpen of Bth and 12th of April last:—
" The Coromandel, emigrant ship, which left Southamp-
ton on Saturday last for Hobart Town, Van Diemen's
Lend, with some 300 emigrants and a large mail, has re-
mained since at anchor at Spithesel owing to unfavourable
winds. Although she has yet been only in still water, it is
reported that she is very leaky, and must run into Ports-
mouth or return to Southampton for repairs."-Bth.
The emigrant ship Coromandel, which has been lying
at Spitheed for some days, has sprung a leak several times
in smoath water. and it is probable that she will be con-
demned by the government Emigration Commissioners.
She is a very old ship, having been many years since in the
East ludis tea trade. She is full of passengers, and has a
very heavy mail on board. She was bound for Van Die-
men's Land."-12th.
_ . . .

It appeared by the evidence of the plaintiff that the ship
war built in 1920, but had been fully repaired at the be-
ginning of this rear ; that although she made water while
at Spttliead, yet that it was not an unusual occurrence with
newly reps red shim and that it was not the same
in nawical language as springing a leak ; and
that the vessel had actually sailed before the
ascend paragraph appeared. The seaworthiness of the
vessel was confirmed by the surveyor of Lloyd's, and a
foreman from Messrs. Wiping and Co.'s, by whom the
repairs bad been effected; but it was stated that an in-
creased rate of insurance had been rendered necessary by
the paragraphs objected to. On the other band it was ad-
mitted that the ship had been detained at Spitlead for
eight days, in consequence of the water made by her, and
that she was not allowed to sail on the 10th April, until the
government emigration inspector (Captain Lean) had
examined her. _

Ildr. Hill having replied on the part of the defendants,
The jury retired to consider their verdict, and after about
a quarter of an hour returned 2601. damages.

r.-YESTERDAY.

COURT OF
Byron Oil.
Coat or Loan Htt TIXOTOWII.—FIigan BANILII7II4OY.
A petition in bankruptcy has been filed against William
Lionel Felix Tollemache, commonly known as Lord Hunt-
ingtower, who was bankrupt in this court about ten year
ago. The plhtiooing creditor is Mr. .1. C. Carttar, soli&
tor, of Greenwich. His lordship is proceeded against as a
horse.des:er, of Grosvenor-square, Middleeez. The object
of the proceeding is understood to be to free him from certain
liabilities which rusted under the former bankruptcy, and
which were Kept alive by means of reserved bills.
Ha lordship having appeared and surrendered, the ad.
judfration of iiiinkruptcy was pronounced, and he will be
smutted on Friday.
ASSIZE INTELLIGENCE.