The Express.
London, England, 1849-11-26 00:00:00

SPORTING.

BETTING AT MANCHESTER—FRIDAY.
CUL/TII Cur.-60 to 1 apst Prep o' Day (t). 60 to 1 apt
Sir Richard (t), 60 to 1 apt Melody it), 60 to 1 apt
Cossack (t), 60 to 1 apt Vesta (t), 60 to 1 apt Whim
colt (t), 1,000 to 10 apt Horn of Chase (t). Each of the
above have plenty of huhus at the quoted prices.
DISBY.-18 to 1 apt The Italian.

WARWICK AND LEAMINGTON NOVEMBER
MEETING.

NOMINATIONS 701 THZ STAKES WHICH CLOS= ON
THURSDAT LAST.—SWZIPSTAKIIS for 2 and 3-yr olds.
Arena, 2 yn (to be sold for 8014; b f by Don John out of
Sic to Ainderly, 2 yrs (601); Second Rand, 2 yrs (301.);
Rochester, 3 yra (3014; Captain Parry, 3 yrs (301 );
2yn (6014; Emma, 2 yrs (300 ; Countess, 2 yrs (301.);
Pansey, 2yn (301.); Syrup, 3yn (301 ); Bt. Denis, 3 yrs
(301.) ; Dlothwerker, 3 yrs (301.); Young Esnland, 2 yrs
(7011; Carbuncle, 3 yn (301.); Sisyntachns, 3 yrs (301.)
The Peasant Girl, 3 yrs.
ENTRIES 101 THE HUNT Cl7P.—Miss BEM, Sobriety,
Outcast, Kilkenny, Merriman, Loam:plant, The Prophet,
The Ace of Trump, Gas Or, l'he Agent, The Mangler.
LATIST BITTING ON TIC GRAND Orax CHAIM —7 to 1
wt Vain Rope (t), 7 to 1 apt Peter Simple (t), 7 1. 1 apt
British Yeoman, 8 to 1 eget Chandler, 9 to 1 spit Rattrap,
10 to 1 apt Maria Day (t), 10 to 1 apt Knight of Owynne,
11 to 1 apt Agitation, 12 to 1 apt The Dntor, 16 to 1 agst
Vernon (t).

HUNTING APPOINTMENTS.
Cheltenham stag hounds, fisturdar,Churelsill's Farm.
Nortelk stag hounte, Thundsy, Mr. Gowen's.
Allnighton hounds, Tuesday, Hunningtou; Thursday,
Belbroughton • Saturday, Wassail Top—halt past 10.
South Berksloire hounds, Tuesday, Stanford Streit ; Fri-
day.Streatleiy.
Sir John Cope'sb•unds, Wednesday, Rye Common ; Fri.
day, White Waltham—MU-put 10.
Craven hounds, Wednesday, Brimslads ; Friday, Alborne
Chase ; Saturday, Asheridge—half-past 10.
Hambledon bounds, Wednesday, Hill Plate; Friday, Up
hem.

Haydon hounds, Wednesday, Kennels ; Saturday,
wood Hall.
Cul. Wyndham's hounds, Wednesday, Fit shall ; Friday,
Bu ks Houses—half-put 11.
11. IL hound., Tuesday, Hinton House; Thursday, Her-
thud Park ; Saturday, Me dated Oreen--quarter to 11.
Mr. Luthington's hounds, Tuesday, Hollinkurnis House ;
Friday, Owe Cont-11.
N.F.H., Tuesday, Denny Lodge ; Thursday, Bowlesbury
Farm; Saturday, the Rising Sun, Wootton—half-put 10.
Sir Henry Si ale's hounds, Wednesday, Morley Tolibar ;
Saturday, Torbrian.
Vine hounds, Thursday, Ash* Warren Farm ; Saturday,
liwhunt-11.
South Wilts hounds, Wednesday, Bathampton ; Friday,
Jervois' Farm-11.
?dr. Deacon's barriers, Wednesday, Shaugh Village ;
Saturday, Bheepstor Bridge-10.
' Lord Londsdale harriers. Tuesday, Drayton Mead; Sa-
turday, Wendover —l2.
Blackdown hounds, Tuesday, Wellington Pillar; Friday,
Staple Hill—half past 10
Dolverton harriers, Friday, Red Deer, Oak'ord—half-
past 10.
N. D. H., Wednesday, ?Trudy Mill; Saturday, Way
Town, Cleave—half-past 10.
Cambridgeshire bounds, Wednesday, Warder Village;
Friday, Stow Fox—half-past 10.
High Peak harriers, Friday, Ideridghay.
Morpeth harriers, Tuesday, Cockle-park Tower; Friday,
Botha% Village-10.
Tindale hounds, Thursday, Cochlan Tower; Saturday,
friesleyside—half-past 10.
Durham county hounds, Wednesday, HMO and Hounds,
Durham-road; Friday, Embleton.
Mr. Fane's harriers, Thursday, Sheepleys ; Saturday,
Siakenchureh.
Mr. Phillips' hounds, Tuesday, Petsworth ; Friday, Stad-
hampton.
York and Ainsty hounds, Tuesday, Skip-bridge; Thurs-
day, Pill Moor, Brafferton ; Saturday, Naburn.
Captain I.,swis'a barriers, Tuesday, Borrowby Cross-lane,
Creel"; Friday, Yafforth-11.
Sinnusgtou hounds, Tuesday, Sinnington ; Friday, Hiccal-
bridge.
Harworth hounds, Tuesday, Enter-commsn; Saturday,
Oak Tr‘e Village—half-past 10.
Bedale bounds, Wednesday, Scotton Village ; Friday, Cat-
terick-brides—half-past 10.
Dake of Cleveland" hounds, Tuesday, Wakerfield ;
Thursday, Winston. bridge ; Saturday, Walworth Castle
—hall-past 10.
Earl Fitakardinge's hounds, Tuesday, Pewadown ; Wed-
nesday, Sudeley Castle; Thursday, Withinglen Village;
Saturday, Broadway.
The F. B. hounds, Tuesday, Bonithon ; Friday, Kennel.
Mr. Newton Fellowees hounds, Tuesday, Knowatone Vil-
lage ; Friday, Allswear-bridge.
The West Norfolk harriers, Thursday, Bradsnhamtreen.
The Hopton hounds, Thursday, Burgh tit. Peter.
The Egmont harriers, Wednesday, Melmerly Hall
Saturday, Newton.
The Dumfris rehire hounds, Tuesday, Kinmonnt ; Fri-
day, Dalton Village.
The Somerset Subscription hounds, Tuesday, Kennel,
Dormster ; Friday, Buncombe hill.
Mr. S. Lowndes's hounds, Wednesday. Bilden Windwiok ;
Ss:unsay, Ledlington.

Rain 31ntertteence.
EQUITY COURTS.—SATURDAY.
Barons rue Loan Csamenizein.
SHARPY W. SOULIIT.--BETTLIMENT IN CONSIDIRATION OP
PRAT COHABITATION, TILE BITILOII. BRING INDEBTED.
His lordship gave judgment in this case, which was argued
a few days ago (see Express of Thursday), on appeal from
a decree of the Vice-Citanceller of England setting aside •
settlement made by a woollen-draper on a woman with
whom he had colial ited, and her children, in consideration
of that connexion, which was then disContinutd. The
grounds stated for hie Honour's decision were that the set-
tlor was " indebted" at the time, although it did not appear
that he owed more than one debt, which was on an I 0 U
for 2001, His ezecutors by their answer in this snit said the
estate of the testator was not sufficient to pay the debt. His
lordship said the bill in this case was flied by creditors of •
testator, who died in 1846, to set sable a settlement made by
him in '1842, and it stated that the settlement was voluntary,
and made at a time when the party was indebted to divers
persons. There was no evidence in the cause of any more than
one debt being due at the date of the settlement. The
Vice-Chancell z was of opinion that heing indebted at the
time was sufficient to set aside the deed. His lordship then
referred to tee observations of Lord Hardwi lee in "Russell
a Hammond" (1 Atkins, 15), "That a settlement being
voluntary is not for that reason fraudulent, but evidence
of fraud only, though hardly a ease where the person con-
veying was indebted at the time that it had net been deemed
fraudulent ;" and in " Walker e. Burrows" (1 Atkies.93),
to the effect that in order to set aside a settlement under
the statute 13 Riz theth, c. 5, it was necessary to prove the
senior was indebted at the time of making the deed, as a
different cenEtruction of the act would defeat every provision
for children and families. Accordingly Lord Kenyon in
" Stephens er. Olive" (2 Brown, than. casts, 90), held that a
settlement in favour of a wife and children was not within
the statute, although the settler owed a debt, but which was
secured by a mortgage. The tame doctrine was applied in
"Townsend e. Windham" (12 Vesey, sen., 10), and in
" Lush v. Wilkinson" (5 Vesey, 384), in which Lord Al-
vanly held that to impeach such • settlement within
the statute of 3 Elizabeth the peaty must
at be
_proved
to be indebted to the be
extent of insolvency. Bin
" Townsend v. Westmsoott," (2 Heaven, 340), Lord Lang-
dale held that it was not necessary to prove insolvency, in
order to set aside such a settlement under the statute ; but
being "largely indebted" at the data of it, and becoming in-
solvent afterwards, was sufficient. And Sir Thomas Plumley,
in " Richardson s. Smallwood" (Jacob, 5.52), appeared to be
of that opinion. In the present as there was no proof of
any debt being due of the senior in 1842, when he made
this settlement, unless an lOU for 2001, dated in 1841, be so
considered. That debt was not stated is the bill. It appeared
to his lordship impossible to sustain the decree of the Vice-
Chancellor upon such grounds es it was put on. The ques-
tion was whether he would direct a reference to the =ester,
to inquire what debta, if any, were due by the testator at the
date of the settlement, as was done in the cue of " Kidney v.
Couurnaker " (13 Vesey, 15.5), and in " Richardsons.
Smallwood " (Jacob 552), or dismiss the bill. If he dis-
missed the bill, no other creditor could bring &nether suit;
for that reason he would direct the inquiry before the muter. I
He went into the consideration of the ease and of the cases
cited, not because he had any doubt of what he ought to
0,, but from the great authority of Lord Iludwicke,
whose decisions as cited seemed to afford ground for the'
opiaien, that being merely indebted was sufficient to set
aside a settlement under the statute. It appeared to his
lordship that being indebted was not sufficient, without evi-
dence of an intention to defraud creditors, and the object of
tke statute was to prevent fraud—the meet fact of a debt
existing coould not per se make the deed void.
In RE HARWOOD, NZ
BANYRUPTCT.—NRW BANIRUPTCT AM.—JURISDICTION.
—MORE LIGISLATITS BLUNDERS.
Mr. Bac.n applied for an order to annul the fiat
in this case. It bad been issued early in this
year, and certain proceedings were taken under
it, hut at • meeting of creditors held on the 3rd of October a
resolution was agreed to unanimously to supersede the fist.
The Bankrupt Law Consolidation Act, 1849, came into ope-
ration on the 11th of October, before an application could be
made to this court for an order of supersede's, which this
court alone could grant. The new act abolished the fiat, and
transferred to the Court of Bankruptcy primary jurisdiction
of adjudicating in bankruptcy on petition to that court, and
also power to annul ell proceedings in respect to bankrupts,
but not to annul fia issued before the llth of Octoher. The
power to do that was vested in this court alone by the 1 &
2 Wm. IV., c. 56, and by subsequent acts was delegated by
his lordship to one of the Vice Cnsncollors. That tower is
arc. translated w any oth..: court by the new mt.; i: must,