The Express.
London, England, 1849-05-09 00:00:00

THE EXPRESS. WEDNESDAY EVRNING. MAY 9 1849

Senator. L olloa ; J. A. Crkilille. 3rd. Heroin.,London ;
W. T. NM in, 3,d, Sondoopranygs. Lnneon ; W. Mithous,
2nd, Botoio's Qat in, L yerpot 1; H. Stubingtor, 2nd. C im-
brio, Liverpool ; T. Ilow&n, 2od, Dm, London ; G. Wil-
liams, 2ad, Sir E. Potry, L' arm ; W. Freeman,
3rd, Cornwall, London; O. Holliston, 3rd, Ti Pon,
London; T. L. Pt Meow, 3rd, &ma, London; J.
Coitl* lit, Vistoria. Liverpool ; R.C. Fortin, 2ad,
Mary, Liverpool; T. Worse, lit, Baron of Rtnfrew, Liver
pool; T. Hotle_kins, 2nd, Loosed uobltio. L;verpool ; W.
Wilson, god, London ; T. Pain, 2ed, Eliza, London;
D. Waterton. 3rd, Peroration. london ; 3. Bennett, 3rd,
FeTOSepoll, London; G. C. D. Carter, 2nd, Rumloola, If if •
month jl[. Littl•, lot, Columbine, London; W. Budge,
2nd, Vietoria, Liverpotl; L. SL•G. Allan, 2nd, Bing,
Liverpool; A. Watt, 2od, Pontius, Glasgow ; J. Meaborts,
tad. BerLegopatm, Landon; W. Dick, 3rd, Commun. e,
London; T. Doan, 9nd, Johns, Baum Shields ; J. Ogle,
3rd, Sash, South Shields; G. H. Broadht.ad, 2oct,Victoria,
Hull; R. P. Print, 2nd, Victoria, Londoo ; W. Borrows,
2nd, Constantine, London ; Monte, 2, el, Euphrates, Lou
don; W. 8. Gamin, 2nd, Nautilus, London ; A. B. Collett,
tad, Euphrates, London; J. Rippon, 3rd, Brinkin MOOT,
Landon; C. R Landsdown, 3rd, Duke of Argyle, Landon ;
J. P. Scott, 3rd, Duke of Argyle, Linden ; C. Mlib,
34, Rodin. London ; Wyeth, led Emil ,
Load= ; J. Clarkson, 3rd, Janne ()Atoms, Loud .n; 8. T.
Prynn, 3rd, Cuthbert, London ; C. Johnoten,2nd, Atemoder
Bering, Dundee • R. Crawford, 2nd, Newcastle, Neurmate ;
8. Timmy, 3rd, William iodise, London J. Morris, led.
Sums, London; C. Pool*, 2nd, Emily, Loudon; W M.
IL.Kay, 3rd, Saxon, Loudon ; J. Butler, 3rd, Triton, Lan-
doo ; D. M'Kessie, let, Seobrstee, Dundee ; G. 0. Millie,
Ist, Courier, Liverpool; J. Paztos, Ist, George Armstrong,
Liverpool; C. B. Kukla, late Nithadale. Hall; G. J. Briggs,
2nd, Couatessof Dartiam,lentdon ; W. loghl., 2nd, Norma
Morrison, Leaden ; W. 13. Crowdace, Ist, Coquette, Dundee;
J. Twry. tad. Linde.; G. Park. 2nd gds, I.w:see-
ped; W. Frain, 2nd, Carolin., Newcastle ; L.
tad, Pantaloon, London ; W. F. Clarke, 3rd, Girdle,
Dada&
Mottos.-.1. Palermo, led dam out, (berm Perks-
asettln B. Motley, 3rd, Regulus, Landon; H. R. Cron,
Jam Kum, Lawton ; J. I. Woodcock, 3rd, Kiln,
G. s thenitall. lit, Lady lit'Donald, Liverpool; J. &Pike,
Mt, Oak Yarmouth; J. Douala, 2nd, Euphrates, Deader ;
J. Lay, 2nd, Medium, Laudon; B. Morelgooterls. fp,
Peassts.lnadata ; J. Marshall, 3rd, Halifax, Lambe.

MILITARY.
daily serrated floss
this Koditerranaaa with invalids,* cis orrival, to refit hose-
ealsby, (as we at first ittld) to adltvr, the oerviee
seproies subs 8901 Foot (600 teak and Me) troat Cork to
Mei ism. This Tr:giant will probably embark for that
swiss at am es& of the areseot eighth.

socewerled in it. dignity by their sliest son, William Malt-
y V, Lad Horrid of Tousles, who died in 1603, and MU
succeeded b his son, John Le ri Here" 'I. oho ciin 1631,
sod was succeeded be bis ton end heir, Jahn, who also sue
med. din 1687 to the earldom of Nithecble. IT oon his
&Mb, in 1877, his eon, Robert Maxwell, succeeded to the
mid earldom sad to the barony of Heftier, sad he wee sue-
feuded in both by his only child, the said William, who wee
Maimed in 1718, and escaped from the Tower, and died
abroad in 1744, leaving a eon, William Maxwell, who died
in 1778. la, Ting an only child, Winifred Maxwell, who
married William Hangenenn, who took the addition of
" Constable "to his name. They had an only sea, Mame
duke C meltable Maxwell, who died in 1819, leaving this
c'aiment, their eldest son and heir.
Mr. Busert Worthy, with whom wuMr. Fleming, opened
the history of the case to their lordships, and mentioned
three palests involving matters of law which would arise,
and to which he would in due time call their lordships' at-
tention ; but at present it was more consistent with the
practice of their lordships to take the evidence of the pedigree
Out.
Two witnesses were examined by Mr. Fleming respecting
sureties made in the record offices Scotland or f the
original hutment's creating the dignityla .
The matter wu
then postponed until after the hearing of the writs 44 snot
in the cases of O'Brien v. the Queen and McManus e. the
Queen, which their lordships supposed would occupy the
house four our five days, as the cases were to be heard sepa•
rattly, the polies having declined to join.
&rangers having than withdrawn, their lordships formed
a hies*, and the counsel In Lord Melbourne's claim, and in
the Tracy peerage, were again celled in.
Tall Mai DOVIUIa urea TRACY Pall/LOU AGAIN.
Mr. Poessaby being asked by Lord Brottplunt whether he
bad get the necessary witnesses, was about to explain, when
Lord Brougham—in the inilde se end kindest manner—said,
Well, lam your witness." His lordship, standing up in
his place—having been, we presume, previously swont—eaid,
in answer to one question frem the counsel :"I knew the
late Lord Melbourne : he was married, and there was one
son of the marriage, who died 12 years ago, being quite
young sad unmarried. I know Lord Beauvais, the present
Viscount Melbourne; he is next broths: and heir of the last
Vissounß"
The Atteraeresseral put a gustiest to his l after ordehip,
which the dela was adulated.
Mr. Fleming emit Mr. Swiedillies was at the bar ready to
answer any geoid es Maim to the Tracy use.
Lord Becugham, siartralust the house, said, with respect
to this Mash of privilege their lordship were 'stormed
from the bar that the late eisimast's eat war about to pre.
emu • petition to her Illsjesty, which would no doubt come
before the house. It was also stated that the petition would
pray that the son might have the benefit of the evidence in
proceedings already taken in the former claim. Now, toe
tear any promedMirs that might be taken respecting the
breach of the privileges of the house might damage this
claimant's me, be advised their lordships to let the matter
emu for the present.
to.

BAIL COURT.—Yursamy.
Samos ur Hama—Biro= Ma Sun Oosaamos.
JIWISH DISABILITIIIII.

On the learned le-d-p—iikraiii;;;iiinterday morning a
number of barristers, principally member of the Middle
Temple, who had been called to the bar of that inn on
Saturday, attended to take the mail oaths and to subscribe
the roll. Among the number was Mr. Salaams, sideman
Cl the thy of London. Upon hie name being called, Mr.
Salomon demurred to taking tie oath of allegation in con-
salaam of the concluding words el that oath, as he
could not eubeeribe • upon the tree faith of a
Christi's'," and wished to sign the reU without taking
that oath. A communication of this objection
being made by the clerk of the crown to the Immedeltads
upon the bench, a conference with his lordship
whisk was eceseleded he Dir. Justice Coleridge express:tag an
opiates that he was incompetent to alter the usual form.
The learned jags, however, suggested that Mr. Selomons
might take the opiates of 'the lull mart upon the point.
Mr. Salmons aimed, and subsequently appeared in the
Court of Queen's eeeh, but ea impmtant case being under
hearing, no opportunity was afforded him of moving that
court.
This was the last day of term, and although the court oat
till a late hour, there was no cause tried of sufficient interest
to justify a report.

COURT OF EXCHEQUER.—Tzernaty.
eerrnses ist Basco.
Nees v. ANOAMI.—Doss A WM'S nOLDINO &Ism= IN
A JOINT-STOOL CO , Zinnia Tam HUSBAND LIABLB
Al • SMAIIIMOLDZIt ?
This was an action upon a wire faelss against the defend-
ant as a member of the Newcastle-upon-Tyne Joint-stock
Beating Company. It was tried at the last makes for New-
meths bolero Kr. Jamie. Cromwell, when a verdict was re.
tem' kr the plaiatiff. Leave having been reserv.d to more
M me side that verdict and enter a noun% a rule was ob-
tained ace vdingly last term. It appeared, at the trial, that
the defendant was soaght to be made liable with respect to
lye shares which his wife had bought, oat of the
modem or interest of certain funds settled upon
her, cm her merrier. Those shares, which were purchased
alter &overture, with the consent of the defendant, were
registered is his wife's name. It also appeared that he had
received the eivideeds, from time to time, due in respect of
them. The question raked wee, whether the defendant war.
under those circumstances, a member of the company, and
responsible in an mien brought against the public after of
the bank.
Mr. Watson. Q.C., sad Ur. Moiety, now showed cause
stalest the rale, and es:intended that the evidence adduced at
the trial wee sufflctient to show the defendant was a member
of the eonspasy. He was bound by the acts of his wife,
when done with his sanction or authority. Here it was
clearly shown that the shares had been purchased by his wife
with his commit, and that be bad afterwards received divi-
dends paid in respect of them. The fact of the shares
hating been registered in the wife's name did not alter the
matter, or exempt the defeneaat from his liability.
Tney were perseasl property, whether they were
held in hk name or in hers. If any advantages
had been reaped in the banking speculation he would
have p trticipated in them. and lie could cot now deny
his liability as the undertaking had felled. It wan therefore
nthesitted that it would be opening • door to extensive frauds
if the court decided under seek eireumetanees that a husband
was not to be responsible. He was holding himself out to
the world as • shareholder, by allowing his wife to hold
shares under any protease, er to have them registered in her
name.
Mr. Knowles, Q.C., and Mr. Granger supported the rule,
sad argued that this was a statutattle liability funder 7th
G. IV. a 48), and the plaintiff woe boned to establish it upon
the clearest 'widest:is. It wee a well.undatstood principle
that so man could be made liable apes a eche facies for the
delis of • company, unless it was dearly proved he was a
member. To eosetthate • member, the party must sign the
co-partnership deeds, and comply with the other requisites
maimed in the stereo. There wee no such evidence in
this ore. There was, in fast, saki.' to show that the de-
kndeat was a member of the company. It appeared the
deeds had bees executed by the wife, and that she was the
holder of the shares.
The mart proneessei jadruent in favour of the defen-
dant, The weseedlems by which a party might be made
reemmeible fee the debts et • joint stock company, by sire
helm, went open the supposition that kis was a member at
the time the sire fucks was issued. It was a proem not
kens to the mum law, bat created by statute. It was
en =Unordinary liability, sad before it could be established
diedast and positive proof should be given that the party
was • member. la this ease, the defendant had pleaded to
the mire Weiss that he was not a member, and the
reel question was, whether he was or not. To constitute
the defendant a member, be should have sigaed the deeds,
and somplied with the requisites of the act. As the liability
wm mated by statute, the court had construed it strictly.
They were of opinion that the plaintiff bad not brought the
disodaat sufkiently vitt& its provisions to render the
latter rermiesible upon this proceeding. It wm urged that
the defendant ight have mp certain advantages from
die oprailea,m
if it had sesemded, but it did not follow that
be was a member of the eempany. The 27th section of the
eleenes rehired to preeifed merely man should not be held
eimponible es • tharabeider. bemuse his wife had
lees the bider ef theses duns sole, unless he had elected to
blame a itheeelleider efter marriage. Far those reasons,
'the mei was of alpinism that there was not safiblient evi-
dent-eke difteebett wee a member, and the rule to enter
a neneinft must, therefore, be absolute.
Sediment for the defendant acceediegly.

COURT OF BANKRUPTCY.—YzanuwAT.
Sarno Ma. COXIIIIKONIZ HOLZOTD.
lit 11 CRDILIDLANI, 111/AVELLI, AND 1111111 T.
Then buskrapts, the well known merchants, carrying on
basins,' In ♦sada-friars, rame)sp to pass their adjourned
lad examination. The monad of the firm hare already
appeared in our journal.
-lir. Lawrence har.r intimated that certain amendments
in the bankrupts' be rnntoo.sbeet had been made, in com.
pilau. with the request of the cart, and that there wee no
oblation on the part of the oregitors to Memo. Craikdtank's
puling, the examination wee passed accordingly.

MIDDLESEX SESSIONS.-YUTERDAT.

Boon lia. BELVIANT ADAMS AND ♦ Boca ON 1/•01•1117.
Thu May General ileation of the Pesos for the county of
16k14leam corioneneed yesterday morning at Rickfe.hall,
Clerkeawell. There were 62 MO of felony and 6 of nth-
desseanoar fie trial; and of the prisoners committed 30
could read and write imperf.ctly, 26 could neither read nor
write, and 12 could read only.
The learned kedge having delivered the usual chugs to
the paid jury, the following proceedings took place :
" Tan Cusixoe." _ _

Mr. Made, the dopetieback of the pews, informed the
coact that he had beta served with a writ of certiorari,
created by lir. Justice Colerides. on en didn't
grandwell,
for the asmovel et the as found by the r jury
at this emu% against several parties for keeping places for
eausisand assn. without bang Bussed, to the Central
Canine Overt lir. Maude thee laid before the learned
judge lice writ for his to make the nacessary rasa, end
sloe soapy at the eadavit made by Sie era, the intarrees.
The lensed earimais salt lte wee mot aware that bast-
suns maid be ranand from this court to the Central
Criminal Coast one he had pane a cans a the ass of
Wiliam IV., suraslikag that cent, bat now that they
were taken foes this onst ha did not think that any thing
mkt be beard e them again.
Kr. O'Brien sunerice that it seemed *stagy never were
Waded to amen deliaitely to
he
Mr. Slogan Adams mid he candidly believed that al-
though is the Mink it we. dote that the ground upon
whisk the appaaation was made we., that se he OIL arjeant
Adams) he swine seeing doubts as to the intention and