The Express.
London, England, 1853-12-02 00:00:00

UNIVERSITY AND CLERICAL.

UNIVEJUHTF OF LONDON.—bI.I3. SECOND EEERI-
Prams, 1863 —First division: Medical Schools—Briggs,
Henry, University College; Clarke, Erna, King's College ;
De Castro, James Cato, University College; Ekin, James,
University College; Evans, Evan, University College;
Gould, Jobe Henry, University College; Masten, William
Edward, King's College; Rgberts,liVilliam, University
College; Walker, John West, St. Barthelornew's.Hospital ;
Washbouni, Thomas Buchanan, Guy's Hospital. Exami-
nation for Honoun.—Physiology and Comparative Ana-
tomy: Roberts, William (scholarship and gold medal),
University College; Washbourn, Thomas Buchanan (gold
medal), Guy's Hospital. Surgery : Masten, W. Z. (scholar-
ship and geld medal), King's College; Briggs, Henry (gold
medal), University College. Roberts, William, University
College • Man, fames, University College. Medicine:
WsshbOurn, T. 13. (scholarship and gold medal), Gay's
Hospital ; Roberts, William (gold medal), University Col-
lege; Madre, William Edward, King's College. Midwifery:
Masten, William Edward, King's College ; Briggs, Henry,
University College.
OXFORD, DEC. I.—ln a convocation held this morn-
ing the Rev. William Hope, M.A., Catherine Hall, Cam-
bridge, was admitted ad eundens.
In • congregation held immediately afterwards the fol-
lowing degrees were conferred.—Bachelor of Divinity :
Rev. Arthur A. Barker, Fellow of Magdalen ; Rev. Henry
Harris, Fellow of Magdalen. Bachelor in Civil Law :
Rev. James A. Gould, Fellow of New College. Master of
Arts: Rev. Nicholas B. Milnes, Trinity College ; Rev. W.
Seeley, St. John's College; Rev. Reginald Hughes, Jesus
College; Frederick Philips, Christ Church; RAT. Joseph
Bush. Rev. Lewis H. Coyle, Wadham College; Rev. Her-
bert Branson, Rev. George Poigndestre, Pembroke Col-
lege. Bachelor of Arts: The Earl of Carus/von, Grand
Compounder, Christ Church; The Viscount Bandon,
Edward R. Harvey, Christ Church ; Francis E. Robinson,
Henry Stint, E. B. Gray, T. H. Edwards, Exeter College;
Robert 11. Cave, Alfred H. Carey, William A. Crawford,
Exeter College; James P. Beck, Exhibitioner of Oriel ;
Thomas Carter, Queen's College ; Joseph Bowstead, Taber-
dar of Queen's College ; Herbert C. Brewster, Queen's
College ; Jonas P. P. Davidson, scholar, Richard Burton,
Linooln College; Herbert Longlands, Lewis Campbell,
William Henry Freemantle, Ninian H. Thompson, Balliol
College ; Thome 11. Pain, Thomas N. Hicks, Scholars of
Brasenose ; William York S. Iron, Brasencae College;
Thomas Price, Jesus College ; Thomas W. Carr, Wadham
College ; William H. Young, Henry Poole, Pembroke
College ; William Inge, Scholar of Worcester.

The Bishop of Peterborough hu appointed the Rev.
Canon James, Vicar of Theddingworth, the Rev. J. Owen,
Vicar of Thrumington, the Rev. W. Barry, Rector of Blis-
worth, and the Rev. Oeo. Robbins, Rector of Courtenball,
to be Rural Deans within the Diocese of Peterborough.
The Rev. J. C. Glues is also appointed to the Rectory of
Stanton Wyville, county of Leices:er and Diocese of Peter-
borough.

SCOTCH FARMS.—Large quantities of sheep are
being imported from the Highlands into Wigtonshire to eat
up the surplus produce of the enterprising agriculturists of
that cousty.—NertA British Daily Mail.

NAVAL.

-4--

ADMIRALTY, DEC. I.—PROMOTIONS.—CIerks : J.
Donald (IRS), H. T. Natlet:at (1846), H. W. Warrington
(184.5), and A. Jeffreys 0845), promoted to Paymasters.
APPOINTMENTS. Clerks in Charge : H. Berry
(1849), to the Sharpshx!er, 8, iron screw steam gun vessel
of 202 hone power at the South East Coast of America ;
and W. S. E. Freeman (1849), to the Blenheim, 60, screw
steam guard ship of 44) horse power at Portsmouth.
Clerk : J. Pittes (184), to the Boteasms, 70, guard ship
of Ordinary at Chatham.
Clerks' Assistant : J. N. Harvey, to the Blenheim.
W. B. Risk, W. M. Isbell, and J. H. Howley appointed
Clarks' Assistants.

W. H. Maxwell appointed Naval Cadet ; his first entry.
PORTSMOUTH, DEC. I.—The flag of Rear-Admiral
Fanshawe, C.B. was finally struck on board the Neptune,
120, Captain flet:tt,at sunset. to-day. The Bag of his suc-
cessor, Bear-Admiral W. F. Martin, is expected to be
hoisted to-morrow on board the Neptune. The Leopard,
12, steam frigate, Captain Gifford, hauled into the fitting
basin to-day to be docked. The Sidon, steam frigate, is, it
is reported, to go round to Sheerness' to tow the St. George,
120, screw ship, to Plymouth, to be fitted out.
DEVONPORT, DEC. I.—The Racehorse, 14, was on
Tuesday commissioned by Commander E. H. Barnard.

Her complement is to be 130 meis Orders have been re-
ceived at the dockyard, at this port, to lay down two new
screw steam vessels, the Liffey, 59, and Satellite, 20—the
former will be built on the slip now occupied by the
Algiers, and the latter on that now occupied by the Phoebe, II
both of which vessels will shortly be launched. Part of the
timbers of the Liffy are already prepared. The James
Watt, 90, screw steam-ship, has shipped her boilers, and
hauled alongside the dock; and to complete. The Nile, 90,
screw steam-ship, is prop g rapidly towards comple-
tion, and will have her boilers put in previous to her
leaving the dock. The Mariner, 12, was taken into
dock on Friday to be repaired. The Saracen, sur-
veying•sessel was commits! sued on Saturday by Mr.
Richards, muter ; her complement is to he 40
officers and men. She is appointed for the China
station. The Avon, steam t• nder, Muter A. J. Veitch,
sailed

on Sunday for Ireland for supernumeraries and new
raised men. The Duck, lichter, arrived on Sunday with
stores from Chatham. The Hamosze, lighter, at this port,
13 to sail for Holyhead to lay down moorings in the new
harbour at that place for the mail packets. The Jasper,
steam tug, at this port, is to be employed to convey stores
from the dockyard to the steam-yard at Keyham. She is
to carry one master, two mates, and a crew of 15, includ-
ing engineers, stokers, seamen, and boys. The 50 gun
frigate, Phmbe, at thi, port, is to be fitted with a screw
propeller as soon as she is launched.

SPORTING.

TATTERSALL'S.-TRURSDAY.
CHESTER CUP.

Friday was in considerable force. After 1,000 to 15 had
been taken about him several times, he advanced to 1,000 to
2d, taken ; but towards the close • party connected with
the stable dropped in and offered to bet any part of 10.000
to 100 *gains: him, or any other of William Day's lot.
3,000 to 45 was laid, in toe aggregate, against little Harry ;
1,000 to 15 each against litany. Newminster, and Defiance,
and 1,000 to 10 against King Feria.

GREAT NORTHERN HANDICAP.
30 to 1 offered on the field.

THE DERBY.

6 to 1 repeatedly offered against Autocrat ; 2.5 to 1 taken
to 501. about Ruby ; 1,000 to 30 11Jiardo ; 40 to 1 to 75/.
about Hesse Cassel ; anl the tame odds wanted about
Meteors. _ _

-----
OARS.
450 to 100 &get Meteor& (taken).
The fount was very thicly attended.

NEWMARKET CHAMPION COURSING
MEETING.-WEDNESDAY.

ERRING FIELD.—ALL-AGE Till (con-
tinued): Mr. Moody's r b Bird's Eye (2) beat Mr. Jack-
son's w and f d Churchwarden; Mr. Hill's r b Highland
Lass beat Mr. Hope's f d Ihrdsman ; Mr. Buckworth's
f d Bravo heat Mr. Martin r bk d Magna Charm; Mr. R.
Bagga's bk b Tendresse beat Mr. Blenkiron's r and w b'
Bossy Bell ; Mr. Swinbarne's hk b Elphin (2) beat Mr.
Dobede's bk b Dot; Mr. Elvy's r d Steam Engine beat Mr.
Jardine's bk t b p Mmris; Mr. Gillett's r d Golden Drop
beat Mr. Malpas's bk d Maser Gunn; Mr. Gurney's bk t
d p Australian beat Mr. Pertwee's r b Kate ' • Mr. Seereton's
w and be b Slang best Mr. Reeve's bk d Sheppard; Mr.
Fyson's bk d Freeman beat Lord Sefton's bk b Staylace.
STARE FOR PUPPIES.—Second Ties: Rokeby beat Skir-
misher, Beery beat Mimosa, Brunette beat Macintosh,
Deborah (2) beat Rambler, Attraction beat Stop It, Lurlei
beat Mena, Dormouse beat Britannia, Madras beat
Krautznar.
ALL•AGE STARE —Second Ties : Junta (3) beat British
Tar, Dryad agst Bright Eye, Rutland agst Strategy,
Bird's Eye beat Steam Engine, Tendresse (2) beat Free-
man, Elphin beat Golden Drop, Sung beat Bravo, High-
land Lass beat Australian. _

The weather was more favourable than on the previous
day, and the attendance more numerous. Hares were plen-
tiful, and most of the sport was excellent. Amongst the
company were Lord and Lady Bottom, Lord Stradbroke,
Admiral Roue, Mann Baggy, Back wonh, see., Beek-
worth, jun., Bell, Foster, Fyson, Finch, Dobede, Jackson,
Robinson, Gillett, Hogg, Davy, King, Blenkiron, !Jay,
Pertwee, Becreton, Reed, Miller, &c.

atao3 intelligence.
COMMITTEE OF THE PRIVY COUNCIL
FOR THE AFFAIRS OP JERSEY AND Ijt:EhIISEI.
YESTIRDAY.

In the matter of the petition of the states of the island of
Jersey for the repeal of three orders of council of the 11th
February, 18-52, and in support of thaw application for
the confirmation of certain acts of that assembly pared
on the 10th, 16th, and lith of August, in the same year.
The prerogative of the crown in Jersey.
- - - • -

iiiihte RSi osu crTetsry peniofbaS State
Pemberton
The Lords of the Committee of the Privy C. until present
oremethue
eLpoarrdtmCenhta,ntheeellour,
Leigh, the Right Hon. Sir J. Knight Bruce, the Right
to-
-orda jo were
Hon. Sir J. Turner, the Right Hon. Sir J. Lushington, the
Right Hon. Sir J. Patteson, and the Right Hon. Sir Rd-
ward Ryan.
The arguments in this important case, which haa excited
considerable interest, were resumed this morning by
Mr. Rosiudell Palmer applied to their lordships to allow
Mr. Metheson to reply, as he had heard the entire argu-
ment of the learned counsel who had just addressed them.
The Lord Chancellor—That would be allowing three
counsel to address us on one side. We think we must ad-
here to the rule which has been invariably acted upon in
the House of Lords, and must refuse your application.
Mr. Maths son—l would submit to your lordships that an
excepthot might be made in this cane. It is really a matter
of Ile and death of the legislature of the states.
Tue Lord Chancellor—And we feel that even a matter
of the life and death of the legislature of the states us
perfectly safe is the hands of Mr. Roundel' Palmer.
Mr. Matteson—But Mr. Palmer, my lords, has been en-
gaged elsewhere.
The Lord Chancellor—We must however adhere to the
rule.
Mr. Mundell Palmer thought undo such circumstances
it would be much safer to leave the case as it now stood
than to address their lordship. in reply on on argument
which be had not the advantage of hearing.
The Lord Chancellor then directed the Council Chamber
to be cleared, and their lordships remained in deliberation
for upwards of two hours.
On the re-admission of the parties,
The Lord Chancellor said that their lordships deemed it
expedient to hear the arguments on the other petition before
they advised her Majesty on the subject.
Their lordships then adjourned.

EQUITY COURTS.-YESTERDAY.
BiTOl6 TUE IILATII OF rue ROLLS.

The s:ttintrs after Michaelmas Ttrae were commenced
this marmots at Lincoln's-inn.

*TT WATICH r. £TTWATER,

This case which was heard during Michaelmas term,
came before the court, on a special case, for the opinion of
the court on the construction of the will of Mr. George
Newman of South Newton, Wilts. Several points were
raised, but the one which was principally of interest to the
public arose out of a restraint on alienation. The testator
devised to Thomas Attwater, jun., the frmily estate at
Charlton, Wilts, "to become his property on his attaining
the age of 25 years, but with an injunction never to sell it
ou' of the family; hut if sold at all it must be to one of his
brothers." There were other devises to other nephews
with a like restriction as to alit nation.

His Masons now gave judgment, holding that the con-
dition was repugnant to the estate given, and that the re-
strain: was inoperative. Another point that bad been raised
was as to the period at which the estate vested. His
Honour said he was of opinion that the estate vested in the
devisee immediately, but liable to be divested if the devisee
did not attain the age of '25.

118 TILE DOVER, HASTINGS, AND BRIGHTON JUNCTION
RAILWAY COMPANY, AND THE JOINT STOCK coPtrANIEs
INDING vr ACTS, 1848 AND 1849, Ex rmurz CAREW
AND OTIIERb.

Di this cue Mr. Carew and his co-appellants had given a
notice of motion to the official manager that an order of
Master Senior, whereby he directed a cull of IL per share
to be made on all the contributories of the company, whose
names were included in the list of contributories as allottees
of shares, who agreed to accept shares on the terms of the
prospectus, and had paid the deposits, sod signed the deeds
an respect of the shares allotted to them, and whereby he
directel that each of such contributories, on the 15th
of July, 1853, to pay to the offi MI manager of
the c,mpany the balance of any which would be
due from him after debiting his account in the
company's books, with such call, might he discharged
or varied, or else teat they, Messrs. George Carew, Wm.
Cridlond, Jelin South Rymer, and Wm. Henry Rymer,
the appellants, might be at liberty to appeal from the
Master's settlement of the list of contributories, whereby
they wore included as contributories, or that the court
might dtc:ere who were the persons liable ae contributories
leo pay the debts of the company, and the expenses attending
ha winding up, and in what proportions such persons were
liable.
The case on the motion came on for argument en the
the 25th of Nov. last, when after hearing couusel in support
of the motion end for the official manager,
The Viee-Chentellor said, he thought that in this case
it M..s hie duty to take an enlarged view of his jurisdiction,
and to do what he could to make such a declaration of the
liabilities cf all the parties as might enable the Master
by acting on his declaration, forthwith to wind up the
company. Atter considerable discussion he gave Mr.
Carew and his co-appellants leave to appeal against
their names reniainiag on the list of contributories.
Mr. Carew and his co-appellants thereupon gave a notice
of motion that on special leave given on the 25th day. of
November, 1833, they should move that tt.eir names might
be struck off from the list of contributories, as settled by
the blaster, and that that motion was to come on to be
heard with the motion far which the notice dated the 4th
of July, 1853, had been already served.
Mt. Matins, Mr. Chandlers, Mr. Chichester, Mr. Terrell,
and Mr. Dickinson, appeared in support of all these mo-
tions.
They submitted that Mr. Carew, end his co-appellants se
far as they were allottees of shares,which they did not deny
themselves to be, were not liable as contributories on the
authority of " Bright v. Hutton," decided by the House of
Lords (2 House of Lords came). But it was said that they
had ale.) executed the parliamentary deed which made them
liable. They submitted that they had executed the deed
under a fraudulent representation, that Mr. Frewen, a
gentleman of great respectability, was a member of the
managing committee, after he had expressly repudiated
that character, and that the execution of the deed
was not to be treated as an additional ingre-
dient which could bind them. However, they insisted
that inasmuch as none of the managing committee had exe-
cuted the deed as the covenantees thereof, aid as incurring
also liabilities under it, Mr. Carew and his co-appellants
were not to be considered as being bound by the deed,
though in fact they had executed it.
On this motion the several persons now in England con-
stituting the managing committee appeared upon notice to
them.
Mr. Roxburgh appeared for the official manager.
Mr. Daniel, Mr. Selwyn, Mr. H. Stevens, and Mr.
Mackeson, fo: members of the managing committee, submit-
ted that Mr. Carew and his co-appellants were bound by the
deed under which, and in consequence of which, they had
received scrip which might have been sold, and was in other
companies a profitable advantage which they gained by
executing the deed by which these allotteee covenanted to
indemnify the managing committee, and that the managing
committee were by that deed constituted the mere agents of
the allottees for managing the project upon their under-
taking.
After a discussion, which continued for some hours,
The Vice. Chancellor, stopping Mr. Matins in reply, said
that as there were other classes of contributories on the list
besides these allottees, who had paid nothing, it appeared to
him that those classes ought to contribute to an amount
rateably with the allottees before he confirmed a call against
these allottees. The managing committee should contri-
bute according to their liability, and then the &Bottom should
contribute pari perm with them and the other contributories.
The question remained on what principle the managing
committee should contribute. He at present thought that
the measure of their liability was in respect of forty shares
each, which they must take in order to qualify them for
their office. He should maturely consider what general
declaration the court could make, and he should at a future
day make such declaration, and state the grounds of such
decimation at length.

COURT OF QUEEN'S BENCH.-YESTERDAT.
MITTISOS AT N.,/ TR:vs.—MOMS LOU AJAVBi Lt. /141, lAMAIOI,
MUM.

PINKS V. Ct RLING.-LIABILITY OF Ell/ MEMBERS OF
A CLVII.

business as a warebou•em■n in SJuthwark, to recover
301/., the ♦alue of 44 pockets of hops, destroyed h 7 tire
while in the defendant's wan-house, in April, 1817, and
251, the suns which the plaintiff alleged lie had overpaid to
the defendant for warehousing some hops on a subsequent
Mission.

The defendant pleaded never indebted.
Mr. Serle►nt Shee. with Mr. Baddeley. appeared for
the plaintiff; Mr. Macauley and Mr. 'Weill tor the de-
fendant. _ _

It appeared, from the plaintiff's sMtement, that in 1846
be had also Mr. Hare, the managing clerk of Alderman
BlilaPher7, who agreed that his (plaintiff's) hops should be
warehoused for id. per week for each pocket, that charms
to cover insurance sod all other espenses. In April, 16'41,when the bee took place at the wharf, the plaintiff applied
for compensation fur the loss of 44 porkers which were Mem
warehoused there, but could not obtain it. l'ho plaiatlt
afterwards told Mr. Hare that, as the plaintiff denied Ma
liability, he must More the hops himsell, and they must be
warehoused fee a halfpenny per week. Mr. Bare agreed Ile
thin, and in 1848 some mem Lops went to the defsedeatt
warehouse. la August, 1848, aa account was seat Is Ile the
plaiatiff of 69L, being at the rate of Id. a wish. TM pleb•
tiff at first refused payment, but as the dellawdmit drtebed
his bops, he at last paid under protest. lie bad met beaegbt
Ms action after the fire, so he was not thea able to give mi.
deuce on his own behalf.
Several gentlemen in the hop trade were called to prove
that, according to the g I custom of the trade, Id. a
pocket per week was understood to include rent and insur-
ance.
The defendant, Alderman llumpliery, upon being called.
stated that shartingers and warehousemen, not in the bop
trade,
that Id. per week was the usual charge for warehilltille
hope, emissive of insurance; and that when hop* 11181111
deported on his wharves, or in his warehouses, the SINS/111
to whom they belonged were in the habit of insuring
them. Ile believed no rent had been charged upon the
44 pockets in question, because it was the custom of the
whartingers to allow hops or other goods to remain Ilk
their warehouses rent free for one mouth after they had
been delivered. The defendant's evidence as to the cus-
tom of the trade was corroborated by his chief clerk,
Mr. Hare who positively denied that he had ever
agreed that the defendant Amid take the plaintiff's
hops into hie warehouse at Id. per meet a week, Including
imamate. Several waaebedaemtd, ma ether penims who

1M hase asiastomed to balm mist wharvei and wan-
bossia, WON called, mad awed that wirilisassaws sad
whatfiagers wire Genie saimistel la UM Obi ebb d mob
depoiited with them sakes ohm was a gimbal epaaaaat W
that amt.

Campbell, is slamming up, said the jury must deter-
mine whether the defendant had undertaken to insure the
phial/I,lmpg fire= ire for Id. per pocket per week. The
plaintiff Neled Idealise upon special contract and upon cus-
tom, and he called evidence in support of both branch's of
the eve. They must say whether or not the ease he had
made out had not been satisfactorily answered by the de-
fendant. He (Lord Campbell) thought that no very astir
factory exp:anation had been given of the delay which had
taken place before the action was brought, as, upon the
point of custom. the plaintiff had just as good a ease lame-
distal,' after the fire as at the present time. With regard
to the evidence of custom, they must recollect that • ma-,
torte! distinction existed between a wharfinger with • ware-
house like t►e defendant, and a ►op factor with& warehouse
like t►e witnesses who had been called on the part of .the
plaintiff. They must judge for themselves, but he thought
the evident greatly preponderated against the custom ad-
duced by the plaintiff. With regard to the claim for the
overcharge, it depended upon the evidence of a special eon-
tract given by the plaintiff, wha was entirely contradicted
by Me. Hare.
The jury returned • verdict for the defendant.

COURT OF COMMON PLEAI3.—YesTERDAY.
iIITIAOII AT MI MT. IN MIDDLISZI. —nom cam Junes

/WM. •ea A e/ZQML
JAQVIN O. RIRION.—ACTION 1011. NIOLIGENCZ.
This wu en action to recover damages for negligence
under the circumstances stated below.

Mr. Bliss, ca.c., and Mr. Quin, for the plaintiff; and
Mr. Hugh Hill, Q.C., and Mr. Russell for the defendant.
The plaintiff is a button manufacturer in the City, and
the defendant is a well known patent agent. In 1851 the
plaintiff made what he considered to be an invention in the
manufacture of nails, and he applied to the defendant to
get it patented. The defendant obeyed these instructions,
and • patent wu obtained at a oat of 1101. Soon after-
wards, however, it was found that a patent had about six
months before been granted to another person for the same
thing. This being so, the present action wu brought to re-
cover
the amount of costs which the plaintiff had had to pay
for his patent, he contending that the defendant ought, be-
fore he obtaiaed the patent, to have searched and seen
whether there was any previous patent for the same matter,
and his not having done so it was contended amounted to
negligence sufficient to sustain this action.
Evidence was given on both sides, and it was of a very
contradictory character. The plaintiff's ease was that he
had siren directions to the defendant to make the search,
but the defendant's case was that no directions of the kind
had been given, Nearly the whole amount of 1101. was
money out of pocket, and the defendant had given the
plantar' attorney the usual fee of 51. 51. for introducing
the business to him.

liis Lordship held that there was no general legal duty
that a patent agent should search for previous patents,
sad therefore the sole question is this ease was whether
directions had been given to snake the search.
The jury retired to consider the matter, and they re-
stained absent from court for about two hours, at the end
of which time they returned and said that their verdict was
for the plaintiff for the amount claimed, less 51.55.
Verdict for the plaintiff.

COURT OF EXCHEQUER.-YEITERDAY.

TB, LOW

SHAW V. ASZTHSIL.-LIABILITT Or PA'

The plaintiff was a retired picture-dealer, sad the de.
readmit a pawnbroker, in Calthorpe-street, Gray'oinn-road.
The action was brought to recover compeanatios in damages
for injury dose to a valuable picture which the plaintiff
bad pledged for 61. with the defendant.
Mr. Mellor and Mr. Brown appeared for the plaintiff;
sad Mr. Crowder and Mr. Phipson for the defendant.
It appeared that the picture in question, which was a
portrait on panel, of the Vandyke school, was deposited
with the defendant in August, 1852, on • loan of 51. Plain-
tiff told defendant that the painting was a valuable one, and
desired him to take great care of it, saying that he would
pay him anything extra which he might charge for doing
so. In September last plaintiff went to redeem the picture,
when defendant told him that he had ant with an accident,
having let the painting fall and split it down nearly in the
middle. Plaintiff brought • Mr. Diagley, a picture re-
storer, to look at it, and it was agreed between the parties
that he should repair the damage, and his charge for doing
so was 64 10e., and this nun the defendant agreed t• pay ;
Dot the plaintiff, who valued the picture at 1001., said it
was depreciated one-third in value. The defendant refused
to pay anything beyond the charge for restoring, in conse-
quence of which the present action was brought.
For the defence it was shown that the pawnbroker's
ticket given to the plaintiff bad on it these words—. Not
answerable for damage or moth •" and it was contended
that the defendant had not entered into any special contract
with the plaintiff to take especial We et the article depo-
sited. It was also attempted to be lbws that the pesters
was not as valuable as the phdatil supposed, and that it
had been so well restored as not to be materially lessened In

The Chief Baron, in leaving the case to the jury said
be considered the words on the ticket to mean and imply
that the pawnbroker was not liable for any damage whisk
did not arise from his own negligence; but he was bowed to
take the same can of the article as a reasonable end prudent
man would of his own goods ; and it could sot be said
that the same sort of ears which would be taken of com-
mon crockery would apply to valuable china ; the degree
elates must in seine 1111111110111 be commensurate with the
nature and worth of the thing itself.
The jury found a verdict lot the plaintiff, damages
161. 10s.

COURT OF

r.-NESTRILDAT.

IN an 6LItiON.
The bankrupt, a provision dealer in Hishopegate-.treat.
applied for his certificate. His debts were 60M.; liabilities,
Ulf. A sm►ll amount of property was held as security.
Mr. Keighley, for the assignees, offered no opposatios ;
and

—ilia Homer granted ea immediate certificate of tie se-
em% elm.

IN to Pk./tIt.—AMiIONIIINT OP A POLICY.
His Hamar gave judgment ass question which bad been
raised on a proof of debt M this ease. The facts were
these Os the 11th of February, 1412, William Robert
Tanner adraaped the buoyant 2221. on his nom of head of
that Fate, and the deposit of a policy of MIMAINI on the
life of the bankrupt for 6001. in the Westminster Life As
surance Othee. On the 16th April, 1853, Mr. Tanner, by
the hand of Mr. Patten, his attorney, paid the half.
year's premium cm the above policy, and the,. gave
the actuary verbal notice that Mr. 'f saner held the
policy as equitable mortgagee, an act of bankruptcy having
then been committed, of which Mr. Teener bad ns notice.
On the 31st of May, 1453, Mr. Patten, on behalf of Mr.
T , gave a written notice to the actuary of the equit-
able deposit, previous to wLich the ballmn..r_had *M-
oulted an act of bankruptcy by remaining is 21 days,
of which Mr. Tanner had notice, through bri:litten, his
attorney. The petitioa for adjudication was dated 6th
June lest. The assignees and Mr. Tanner had consented
to abide by the decision of the court on the above facts, ea
to whether the policy posed to the &Mignon, Of remained
an available security for Mr. Tanner. His Honour held,
on the authority of " Re Waithman " (4 D. and Ch., 412),
that the notice need not be in writing, and that the subse-
quent giving of written notice might be an time before
actual bankruptcy—l 2 and 13 Vic., cap. 106, a. 125 ;
" Parriente v. Pennell " (2, M. sad 616); sad" Young
v. Hops " (2 El., 106).

INSOLVENT DEBTORS' COURT.—YrarziDAT.

11,00112 XI.

IN 1! TIE REV. THOMAS I&ONALL RARER.
This Madrigal, the former incumbent of Wolin chapel,
St. Paamas, was timidly heard on his application to be dis-
charged ander the act.
Kr. Sleigh appeased. es the priesat ammioe, for Kr.
Besjaasia Neck as stung ; Kr. Cooke, with whom was
Kr. amok supgensi Spy lissibia he
010.47 the IMMR we Woe Os own riest ult.,
ad win ea Om Sit el Os mat suith. M opposition

was made on the part of a Mrs. Busell, who was a creditor
for 6001. for money advanced. The more• y was obtained
through Mr. Peach, as attorney for the inaolvent, and it
wan alleged by Mr. Baker that he only received 430/. a( the
money. It' further said that 1001. was deducted as pre-
mium, and 701. u law costa. On the second bearing, Mn.
litoull decried that 1001. was deducted by her, and that she
had advanced the whole amount. It turned out that Mr.
Peach was trustee far Mrs. Buren, and it was held that
Mr. Peach was the creditor and not Mn. Bum% sad he
was ordered to be served with notice. TM Commissioner
intimated that Mr. Peach should attend.

Before the ease is the present masks was entered repro,
Mr. Contatissior "• Phillips said be bed last sight re-
ceived a letter Ir

red • re—. ia favour of the insolvent. It was • long
letter, but he bed not read it, for when he saw its object he
put it aside. It was very reprehensible to write to • person
who bad to decide upon a ems in a court of Pastier. He
thought that by the position of the patty to the insolvent,
he would have known of it.

•-•
The ineolvent declared that he knew nothing of the latter.
He had net heard of it

111 r. CoasnTesirs; Phillips said he was bound to believe
him as he bad sworn it. Re could make
_great allowance
for the feelings of the puma who had written it, but he
mint say it was very improper conduct. It had entirely
failed of its intention.

Mr. Sleigh informed the court that Mr. Peach was not
in attendance, as he was obliged to be at Chester. That
gentleman had felt it to be his duty, from the publicity
given to the ease in the newspapers, to instruct him that
there was no foundation for the statement which had been
made against him.
Mr. Commissioner Phillips asked whether the learned
counsel wished an adjournment in order that Mr. Peach
might attend. It was important that he should be
milled.

Mr. Cooke resisted a further adjournment notwithatand•
log that the insolvent was on bail.
Mr. Commissioner Phillips thought it was important for
the reverend insolvent that Mr. Peach should attend.

An account, signed by the insolvent, was handid in by
Mr. Sleigh, and he admitted his signature. He wee ill
when be signed it. In the account 1191. was charged for
coma, counsel fees, &c. In the schedule, 1001. was stated
to have been deducted as " premium."
A clerk to Mr. Peach was called, and stated that he was
at Chester. Hs was in town on Tuesday, and directed him
to oppose. lle did not know of the application for an ad-
journment. It was made on account of tho suggestion of
the learned commissioner.

Hia Honour, after a long dismission on the point, and
ascertaining from the registrar that an adjournment had
not been granted oa the facts now proved. declined to grant
the application for an adjournment for the attendance of
Mr. Peach.
. _

The insolvent was then examined as to his circumstances
when he borrowed the money in 1851. He had been sued,
and only had some furniture. He was living in the Kent-
road. He was to pay par cent. as for 6001., and to
insure his life for , .
Mr. Sleigh submitted that the debt with Mr. Peach had
been contracted without reasonable or probable expecta-
tions of payment.
Mt. Cooke wee heard en the part of the insolvent.
Mt. Commissioner Phillips gave his opinion. The only
question was whether the insolvent had reasonable expec-
tation of payment. It was not pretended that there were
any misrepresentation Here was a sum of money ad-
vanced at 8 per cent., and an insurance effected to 1,5001.
His Honour went over the facts, and held that the case had
not been established, sad that the Insolvent was entitled to
hi. discharge.
The insolvent was accordingly discharged.
IN RE GEORGE SAUNDlRA.—sxnecrixo A GOVERNMENT

SITVLTION.
The insolvent, an 'gent, applied to be discharged. lie
was in prison on a bill of exchange be had given to a baker
at Chelsea, who had a comic, a :somber of pecliarcent,
through whom interest he was to pt a situation of 3001. a
year in the Treasury.
Mr. Commissioner Phillips asked hint bow he could have
been so foolish ?

fiteiiiMlvent said he had been promised the situation.
Mr. Commintiener Phillips said be had been nearly four
months in prison and had @altered—he might say he bad
been robbed.
The insolvent was discharged.
SHERIFF'S COURT.-.-YESTERDAY.
!ROSS Cl. num /OED HALL. DIPVIT LEDZI 1/1/11IFF.
!MILLI!. V. BROOME.

The plaintiff in tiiiacrseVra• atiViinkeeper at Brighton,
and the defendant was Harry Broome, • pugilist. The
action was brought to recover the sum of 9!, the amount of
a bill incurred at the plaintiff's house by the defendant for
board and lodging. Broome went away without paying,
and some weeks afterwards, the plaintiff met him at a rail-
way station and asked ter payment, when he acknow-
ledged that he owed the mone_y, and gave the plaintiff what
the latter thought was an I 0 U, bat the letters on it were
I 0 Y.

ill7..Bkianer, whb appeared for the plaintiff, suggested
that Broome, probably being acquainted with some of the
technicalities of the law, thought the Y would be an
effectual bar to the resorery of the mosey by law ; but as it
was merely evident* of a debt having been acknowledged,
the insertion of the wrong letter was of no consequence.
The use was not defended, end the jury found for the
plaintiff.

ATCHILIII W. ANSTIL-11LANDII.
This was a writ of inquiry for the assessment of damages.
The action was brought to mover for slander under
these circulastasees. The plaintiff, whose name as

a kaacker is " familiar as a liOeasekirld waird," in
the seighbentrbood of Cow-cross and Smithfield,
and who was introduced to the notice of the
jury as horse-slaufhtenar to her Majesty the Queen, now
denies on his business at Maiden-lane, King's-croes, and
tlr defendant is a publican and butcher at Barnet. On
a• 10th of August last, the plaintiff was in conversation
met the George inn, Barnet, when the defendant drove up
k lie butcher's cart, Atcheler proceeded to make some
wry uncomplimentary comments on the qualifications of
his home. 8311111 warm observations ensued, and the de-
fendant made use of the lollowiag words, which were set
forth in the declaration as the slander for which damages
were sought. Atcheler offered to fight, but the defendant
refused, observing that blackguards only fought, and pro-
ceeded to say—it was alleged, We all know who you are ;
you are a great blackguard ; and have been so all your life-
time. My father ones met you at a fight, when has pockets
were tuned inside out; and you ars the man who did it.
You rebind my father." It was stated in the declaration
that %mimic of this was that the plaintiff had com-
mitted • Illany—wlkich was not true, and therefore he
ileengie nit to recover deranges for such slander, and the
4 mem laid at 1001. After the action was brought,
1•11:.:C of in apology was made, without costs, but
it was not eesepted, and the defendant, by suffering
judgment to go by default, admitted the slander;
and the now was one of damages.
Two who were called for the plaintiff, and
deposed Ie kerb; the defendant me the words in question,
when 1116wissauled relative to certain expressions used
by rbps=sdelld havin heard them.
a• Me.
*vibes,. tlon the jury for the defendant, and
then Bril

The and witness was the defendant lima% and he
denied that he said it was Atcheler who tabbed his father.
What he said was that onee when his father went to Ford's,
in Sharpe's Alley, to sell a hem% Ateheler, who worked
there then, asked him to go to a publkohouse, where he
Proposed sparring mod hie father being knocked down,
when he get up sills an his pooketa had hem emptied.
He told him this, sad said that was the sort of company
be, Ambeler, kept. This wi and several others who
were called, deposed to Ateheler made use of lan-
guage of a wet degrading and bleeelhemons description on
the manna la qqueues, is the hearing of two females.
The latter were eMed se whams, ter the defendant.
Mr. Parry replied, essleading that had there been any
truth in the deleneeiliedesieradenwesld have been pleaded
to, and the hew lAA. It was pow too late to deny the
slander, mad bed the plaintiff and the language now im-
puted is him le would have been heard by the respectable
wi Mr. Raker, of Highgate, whom he had called for
the
ark, he setheekei up said, the jury meet take it
that dee web gentgleined of bad been used. It was too
late is they that, sad the only question was the damages
to he gl, mew the lIIMMSCIUMIL
The July eelieedl, sad after a somewhat stormy discus-
sion, easeesell the deneges at one farthing.
Mr. HAl—Then same be say doubt as to the propriety
of your verdict, gentlemen.
The jary—We are very glad to hem you say so, sir.
Mr. Ball—lt is impossible that any person who uses
such langnag• as the witaesses have prayed against the
plaintiff, can have any character to lose.
The jury—That is just our opinion. We have been
discuming the point, and we were eleven to one. We all
have agreel that that is the right view.
The court then adjourned.

CENTRAL CRIMINAL COURT.

OLD COURT.-YESTERDAY.
MOIR ES. JUSTICE COLIMIDOS AND 111. 'WKS TALIOURD.

Aficio Avsry, :who wu convicted ow Wednesday of un-
lawfully wounding her husband, was brought up for judg-
ment, and sentenced to bs imprisoned and kept to hard
labour for five months.

ittiosels co -ffrOlii2, described as a tarpon, was in-
dicted for feleniously wounding Michael Beckley with in-
tent to do him grievous bodily berm.
It appeared tint the prisoner was an Italian refugee, and
that on the night of the 11th of September, he and one of
his countrymen were in Holborn, near Oray's-inixlene,
when they nanthe pmesenew and another Irishman named
Hart, and senseatieseselse seek pine between them. They
all three, it appeareie went into a coffee shop, and when
they same oat the quarrel was renewed, and some fighting
tea place between the partite and some other persons
garbs which the prosecutor was stabbed by the prisoner.
Kr Peng, whe slated that he was instructed to defend
the prime dime the instrumentality of H. Martini,
endeavemimi N skew in his behalf that the act Will com-
mittal tb per in self-defence, and he produced
evilness le grove that the prisoner and hie friend had been
seeenifell oe the sight in question by some Irishmen in the
Gray's-ann-lane, between whom and the
litessiteltirl dem it appeared a good deal of ill feeling ex-
isted ee would dame religious matters.
The jury found the prisoner Guilty, but recommended
him to mercy on aceonnt of the provocation he had received.
Mr. Justice Coleridge sentenced him to be imprisoned
sad kept to hard labour for six months. •

MAXIBLIVOHTIII BY PARINTS.
Patrick Omar and Johanna Onsnor were indicted hr
the seesinegbits et their child, neon Connor.