The Express.
London, England, 1848-07-12 00:00:00

THE E PRESS, WEDNESDAY EVENING, JULY 12, 1848.

corsiderable household property.—The question at Irene be I
tween the parties is whether Theophdus Turner, who cruse
originally from Fornhsm. St. Martin's, near Bury St. Ed-
mund's, is the same person who afterwards lived in I...rndon,
under the wane of John Turner; but as the case is likely
to tin fora considerable time, we forbear giving any parts-
'

COURT OF COMMON PLEAS.
Before Chief Justice Wilde and a Special Jury.
MELTILLE AND A%OTHS V. DOIDOI.—ACTION AGAINST
THE STRETT Or • BATTLE'S Serjeant Bytes
(with whom was Mr. Wilde) were counsel for plaintiffs; and
Mr. Cockburn, Q.C., and Mr. M. Smith appeared fur the de-
fendant.. This was an action for the breach of a covenant
contained in certain oracles of agreement made between
plaintiffs, acting as trustees of the National Provincial Bank
of England, at Bideford, in the county of Devon, and the
de:a:dant, a gentleman residing at Bideford, and his relative,
a young eaa,i, Charles Doidge Chidley, upon the latter being
received as a clerk the establishment, and the breach of
covenant relied upon was as re.hect of defendant's having
undertaken to make good any lois .".:""mooned to the co-
partnership by the misconduct, neglect, or :.'l!thonesty of
Chidley during the period of Lis service. It appeared a git. 7.-
Semen of property of the name of Damon, a customer of
the bank, and living at Stowford, ten miles from ,
Bideford, desired that the bank would send some one, ac-
cording to custom, to fetch the produce of his rent-day, and
accordingly, on the sth of May in last year, the audit of
Mr. Demotes tenants being held at the house of one of them,
named Ching, at Stowford, on that (ley, Ch.elley, who had
before gone on a similar errand. was sent by the manager of
' the bank for the purpose. Chidley, in obedience to his in.
attractions, hired a horse at the Barley Mow lon, at Bideford,
and leaving at about halt-past twelve, arrived at Mr. Cuing's,
at Stowford, a distance of twelve mile., soon after three, just
',the tenants were sitting down to dinner. When dinner
was over, between six and seven o'clock, Chidley received
from Mr. Damon's steward 4471. ls., consisting of 120
sovereigns, 4f. or 51. in silver, and the remainder in pro.
uncial notes, and one cheque, which being placed in a bag,
Chidley put the bag into the righ'..hand pocket of ha out-
side coat. and after inquiring his way back, which he said he
had missed in coming, he got on to his horse, nd started
to return home. The road lay in some parts over a
series of moon, and being intersected with roads in all direc-
tions was of an extremely intrica'e description. About an
hour after his departure, Chidley returned to Ching's, and
told him that having ridden two or three miles on his road
he misted the money, and showed his coat, the right skirt
of which, with the pocket, was torn away, but being asked
whether be had been rubbed he denied it, and wanted some
one to return d ith him to search for the money, which be
suggested, owing to its weight, might have torn away the
pocket and pin of the coat in riding along. A search was
made then and the next morning, but ineffectually and
upon Chidley'a return to Bideford, late that evening, he
gave the same ount, and on each occasion, when
peatedly urged tar
call all that had occurred, he could give
whetter explanation. In his statement to the officer, Forrester,
who was emit down to institute inquiries on the 'pot, his at-
' count was somewhat more minute, adding then, that he bail
met a female tramp, and also twice met two persons of whom
he had asked the way, but not at all imputing the passibility
of his having been robbed by an) one of them. Mr. Cock-
burn addressed the jury for the delete:ant, and contended,
firstly, the loss complain, d of had not occurred while Chidley
was acting in the regular course of business as a clerk, and
therefore the present defendant was not liable in this action ;
' but chiefly he contended the defendant war not liable, be-
came the account given by Chidley ought to be received as
true, his conduct showing throughout the straightforward-
ness of an innocent man. It was possible his coat, which
was in another room whilst he was at Ching's, had been cut
by some one, who afterwards watched in his track to pick up
the bag. Chidley was then called, who stated that he
left Stowfurd on horseback at seven in the evening, and
he felt the money sae after I,aving Stowlord. It was in
the front pocket of his skirt, which hung back on the horse's
side. After parsing the house of Saunders, about two or
three miles out, he met two men, masons, of whom he asked
the way, and they directed hint by a road to the lett. Atter
oing on about a quarter of a mile he saw two other men
just on the summit of a hill, and seeing a cross road, he
I called out to them, and they pointed out a road, which he
li followed, and a quarter of a mile further on, being then about
three miles from Stowlord, he discovered, for the first time,
the money was gone and the condition of his coat, and re-
turning to Saunders' cottage, he asked them if they had
sten anything, and to come and search, which they refused
to do, and he then went back :to Ching's and stated his
low. He had held no communication with any-
body by which be could by possibility account
for what had occurred. lie further stated his coat
was not in the same room as himulf during dinner at
Mr. Ching's.— This witness was suv,jected to a severe and
lengthened cross.examination ; but northing important was
elicited. Saunders was likewise called in confirmation ; and
two tailors said the coat was of a mat, vial which would easily
give Serjeant B)les having replied, the Chit(
Justice summed up at great length, telling the jury that
Chidley, in going out upon the errand, was seeing en his
capacity of clerk, within the rat ening of the ankles of agree-
ment.—The jury found the money was lost through the
negligence of Chidley. Verdict for plaintiff—damages,
4471. Is.

COURT OF EXCHEQUER
Sittings in BAUM.- • hefore l'arke.
At the sitting of the court to day t•etr lordships delivered
judgment in several case:, and among others to the fol-
toying •

RICKARDS V. Lon!, SUFFIELD —ATTORNEY.— CERTIF.!.
CAM—PLEA DINO.—MV. Baron Parke said that this was •
demurrer to a plea. The action was for work and labour
and money paid for the use of the defendant, and the &fen.
dant pleaded that the work and money in question were re-
spectively tendered and paid by the plaintiff for the defend-
ant in his character of an attorney in certain causes in the
r;ourt of Exchequer at a time when the plaintiff had not
taken out a stamped certificate as by law required. To this
there was • dement. r, and it was contended that the plea
was bad in law end insufficient to bring the case of the plain-
tiff within the operation of the 6 7 Vic. c. 73, which pro-
vides that " no person who as an attorney or solicitor shall
sae, prosecute, defend, or carry any action, or suit, or any
proceedings in any of the courts aforesaid without naving
previously obtained • stamped certificate shall be capa-
ble of maintaining any action for the recovery of any fee for
or in respect of any business, matter, or thing done by hint as
an attorney or solicitor as aforesaid, whilst he shall have been
without such certificate as aforesaid." The question was,
what was the meaning of the words "as an attorney as
aforesaid." The opinion of the court was that they must
necessarily refer to the former part of the section or to the
second, and that the disability was to be confined to fees con-
nected with the particular suit, and that the construction
contended for by the defendant's counsel was too large. The
plea, moreover, was defective in not stating that the plain-
tiff acted as the attorney of the defendant, end as an attor-
ney at law. In the absence of the latter allegation it might
be that the action was for work done as an attorney in
inferior courts and before an arbitrator, in respect of which
the certificate would not be required. The plaintiff must
therefore have judgment.—Judgment accordingly.
VENABLES V. THE EAST INDIA COMPANT.—ADMI NISTRA-
TOIL—REFUSAL OF EXECUTOR.—CITATION oe.—Mr. Baron
Rolfe delivered judgment in this case, which was recently
argued and reported at length. It was an action by the
plaintiff, as administrator de bonis non corn testament° an-
atxo of 1. H. Lewis, deceased; and it was brought to
enforce the transfer of certain stock standing in the name of
the testator to the plaintiff, as his administrator. It ap-
peared that probate had been granted to one of two exe-1
cutors named in the will of Mr. Lewis, and that the other
had renounced. After that the acting executor died, and
this administration was granted by the ecclesiastical court to
the plaintiff. The defendants, however, disputed the validity
of his title, asserting that the survivintf executor ought to
hay.. been cited, and to have again renounced, before the ec-
clesiastical court could grant letters of administration. This
it was contended was strictly in accordance with the common
law ; but the plaintiff relied on the well-considered judg.
anent of Sir Herbert Jenner Fust, in " Harrison v. Har-
rison," where that learned judge went through all the cases,
and determined to grant letters, such a course being con-
stantly adopted in the ecclesiastical courts.—Mr. Baron
Rolfe having gone through the arguments and cases at some
length, announced that, in the opinion of the court, the
plaintiff was entitled to recover, and that the plea was no
answer to the action. The case of " Harrison e. Harrison"
showed that the wine pursued here was consistent with
the uniform practice of the eeelesiutical courts, and there
was not sufficient weight or application in the cues
cited from equity] and the common law courts by
the defendant to warrant the court in coming to a decision
which would be in conflict with the practice of the ecclesias-
tical courts, to which belonged the jurisdiction over such mat-
ters, and the ds ty of deciding when and how an executor
should he summoned to renounce probate, and when and
how his refusal should be final and conclusive, under the
21 Hen. VIII, e. 6, e. 3, en which the question turned. For
these refuting it was enough to say that the court felt bound
by the judgment of Sir Herbert Jenner Fust, and that the
plaintiff was entitled to judgment on this demurrer.—Judg-
ment accordingly.

JUDGES' CHAMBERS. SERJEANTS' INN.
Before Mr. Junes Wiegman.
PAYNE, v. TEAOUIL—JUDOMENT.—Ie A WARRANT
OP ATTORNEY GIVEN FOR A JUDGMENT ON A
BOND FOR AN ANNUITY ON TEE BALE OP A
PUBLIC OFFICE VOID 1--In this UM • rule nisi had been
obtained by Mr. Parry on the part of the defendant, during
the last term, calling on the plaintiff to show cause why the
warrant of attorney upon which the defendant had been
arrested should not be set aside and all proceedings bad
thereon, and why the plaintiff should not refund all moneys
paid by the defendant, and why he should not be discharged
out of the custody of the Sheriffs of London. The plaintiff
is a barrister and the present coroner for the City of London,
and formerly chief clerk to the magistrates at Guildhall, and
the defendant is an attorney, and also until recently held the
latter appointment of chief clerk. In September, 1843, the
plaintiffs promised that, is the event of his resigning his office
as chief clerk, he should do so in favour of defendant. In
1844 the plaintiff did resign, and the defendant was ap-
pointed to the vacant situations, and gave his bond for the
payment of 2001. a year. Several payments were made
upon the bond, but in May 1846, imnsiderable arrears being
due, the plaintiff commenced an action. Judgment was ob.
tained and defendant was taken in execution.—The learned
judge was clearly of opinion there was no ground or pretence
for the application to set aside the warrant of attorney, and
that therefore the rule must be discharged.—Rate
dis-
charged accordingly, nothing being said about costs.

COURT OF BANKRUPTCY.
Bekee Mr. Conuniestoner Fans.
W. Howtrr's BAXIALPTCY.—Thn was the day ap-
pointed for the lut examination of W.Howitt, the publisher,
of the Strand ; but the accounts not having been filed in time
an adjournment necessarily took place, and the next meet-
log was appointed for the 25thinstant. The balance-sheet,

which extended from May 1,1946, to J ruse 8, 1846,containied the
following items; To sundry creditors. 3,00C.1. ; to ditto hol,i-
ing security, 6151.; profits, 1,7311 ; capital, 1,0_'61.; livbili.
ties, 2001. ; ditto on account of the late firm of Saunters,
Turrell, and Howitt, 2,0341. By good and dauntful debt',
3821. ; property, 6411. ; ditto in the hands of
creditors, 4‘41. ; trade expenses, 1.2271.; personal ditto,
1,8721.; losses, 1,7621 ; liabilities (es p.r contra), 2,2.511.
DEFECTIVE ACCOUNTIL—T. B. Rush, of Mylne-street,
Claremont-square, cattle-dealer, came up for hie las exami-
nation. He was opposed by Mr. Cooke, on behalf of the
trade assignee, Mr. G. W. Salter, of Norwich, and supported
by Mr Wall, solicitor. It appeared that up to October last
the bankrupt had been a large farmer in Norfolk, holding
two farms, which were mortgaged to Mr. Jenny, the re-
corder of Norwich; he had then suddenly sold off his fuming
stack and crop% having large arrears of interest due, and
with the proceeds had commenced dealing in cattle, which
dealings had terminated in bankruptcy in May last. In the
meantime he had been in France, and had incurred heavy
expenses. His accounts as first filed were extremely defec-
tive ; and the assignees complained that they were not now
more satisfactory, several requirements made of the bankrupt
not having been complied with.—The bankrupt alleged that
the imperfection cf the ace ,unts was owing to his 'omits
ha,i4-,;;:eei eeiz,d tinder sn execution put in by his landlord.
—lllifinately the imensinarion was adjourned, at the bank.
rupt's expense, the protecti3.l being continued. His debts
and liabilities amount to about 6001.

POLICE.—YEBTERDAT.
WORSHIP-STREET.—WANTON ARSAULT BT AN Om-
Niece Dam-ER.—William Rhodes, the driver of • Mile-end
and Notting-bill omnibus, was charged ty a gentleman
named Holmes with the following assault. The complain-
ant, who exhibited a large scar under one of his eyes, stated
that he was returning home from the residence of a friend at
Mile-ead, at 12 o'clock on the night of the 2nd inst., when he
observed an omnibus standing at the usual starting-place,
with the horses' heeds in the direction of the City, and sup-
posing it was about to proceed to town he was mounting on
to the roof, when the defendant suddenly came up and im-
peratively demanded what he wanted there. Oa teldeg him
that he intended to ride with him to Charing-cress, the de-
fendant ordered him with a gross epithet to get off instantly,
sad at the same moment snatched his hat from his head and
flung it several yards off in the road. Witness seized him
by the collar and asked him what he meant by such conduct,
when the defendant struck him several blows in the face
with such violence as to produce a fester ill the jaw, fn.=
which he was now suffering. Witness, however, expressed
his determination to detain him until he got his name and
number, and continued holding him for that purpose, when
the defendant renewed his attack upon him, and dug the
nail of his thumb underneath his left eye, which inflicted a
severe laceration, and cawed him to bleed profusely. During
he struggle two pod icem. n opportunely came up, with whose
assistance he succeeded in obtaining the defendant's nutnoer,
and subsequently procured a warrant for his appreliension
Two police constables partially corroborated the com-
plainant's testimony, and one of the officers stated that while
the gentleman was holding him the defendant etru
him a violent blow in the face in his presence.—ln answer
to the charge the defendant said that he had completed his
work for the day, and was about to drive the omnibus
to the stables, when the comphicant got up and
insisted upon being taken to town, although he explained to
him that he had completed the last journey, when a struggle
ensued between them, and he was obliged to handle the
complainant rather roughly to dislodge him. The defendant
added that he had driven for eight years upon the road, and
that this was the first time any complaint had been brought
against him.—Mr. Mammal considered that there was no-
thing whatever to justify the gross violence of the defend-
ant'. conduct, and therefore ordered him to pay the highest
penalty it waa in his power to impose, namely, 51 , or to be
committed ie default for two mon•hs to the House of Cor
section.-11re complainant said that he had no desire to
press heavily upon the man, es he had only come forward
upon public grounds, and was about to intercede fir a miti-
gation of the penalty, when the defendant, with an insulting
epithet, repudiated his interference, and the full amount ot
the fine was shorty afterwards paid.
SOUTHWARK.—EYEACH or DI:TY ON THR PART OP
THREE POLICEMEN,—An inquiry took place into the con- j
duct of three policemen, No. 101, 100, and 2GO of the M t
division fora breach of their dutiis in taking a man named
Regan into custody withoutressonable grounds.—Complaint
had been made in the first instance to the commissioners of
police, who ordered the case for public examination at this o
court.—Regan said that some nights ago, on leaving a pub-
lic
house where he had spent the evening with some friend', a
they stopped on the way home to converse with one
another in the street. They had not been long there before
policeman 101 came up and desired them to move on. This
orJer caused Regan to say that they were doing no harm, 6.
and that the policeman had better go and look after the 77.,
thieves than to interfere with men that intended no harm ES
and were only peaceably talking together. The policeman &
insisted on their (Imps ming, aid threw out some allusion mire e
live to Regan being a tt oubleseme tellow, and this observation
drew forth other remarks, which ultimately ended in Reran
being taken into custody, the ether two der intents coming sl
up and taking both him and his wife, who had just left home
in quest of her husband, off to the station house. When they
Farmed there the charge preferred against the parties was
that of being drunk and disorderly. Regan was therefore t
detained, and his wife was, according to their account, I;
thrust out of the place and desired to go home. Regan sub-
sequently laid his complaint before the commissioners, L,
describing the circumstances ; and this step on his part led to
the present investigation.—Mrs Seeker inflicted fines of 10s. L
each en the defendants for exceeding ti, eir duty in taking
the complainant into custody. ll
LAMBETH.—CAUTION TO CARMEN.—R. AnSta, a cab A
driver, appeared to answer to two charges, the first for ex. 1,7
tortion, and the second for using offensive language to a o)
French lady by whom he had been engaged. On the after- m
noon of the sth inst. the complainant engaged the defendant 1
to drive herself and her two children from Regent street to r;
her residence on Tulte'hill. Oa getting over Westminster- se
bridge, the defendant, for some cause or other (but it was LI
supposed from a dissatisfaction of his fare), drove down Stan-
gate anti through several of the narrow streets ; and the lady,
becoming ultimately alarmed, got out of the cab in Church- .7
street. The prisoner, after the use of some offensive lan- 7,
page, then .misted upon being paid 45., the whole of the
fare agreed upon. The lady paid him 45., which was much
more than double his fare ; and for the overcharge and the
had language she summoned him.—Mr. Elliott, after remark.
ing in strong terms on the conduct of the defendant, fined
3!
4
him 40.., or 20 days' imprisonment, for the excessive charge,
and 20e., or 10 days, fur the bad tango ige.—The prisoner LI
paid both fines, and was discharged. 4
4

MONEY MARKET.
TUESDAY EVENING. i)
The transactions in the funds have been of the
quiet regular character of ordinary times, with such a
slight improvement and firmness in prices, as would g
usually take place in such times, when dividends
were in course of payment, and a certain amount cat- ;
tied into the stock market for reinvestment. Consils
were first quoted in the morning at 87 to 4, as they
left off the day before, and were subsequently marked I
1- lower, bat they recovered steadiiy to 871 to ;!, and
so closed, for both money and account. It seems
probable that the market will remain without sensible
variation until the opening of the Bank books for
transfers on the 14th, when also the settlement of the
account becomes due. Reduced Threes were 871 to
1. Three-and-a-Quarter per Cents., 871 to -1. Long
Annuities, 81 to 13-16. Exchequer Bills, 41s. to
445. premium. India Bonds, 245. to 278. premium.
Bank Stock, 192 to 4.
The prices of foreign securities were well supported,
with rather a tendency upwards, but the dealings in
them were not of much consideration. The advices
from the Hamburg, Amsterdam, and other continental
stock markets were favourable to-day, and indicated
much more activity of business than here, with rising
rates. Dutch Two-and-a-Half per Cents. remain 444
to 454; the Fours, 69 to 71. Russian, 96 to 8.
Belgian Four-and-a-Halfser Cents., 66 to 70. Danish,
66 to 70. Spanish Fives, 11; to 121, as before ; the
Threes, 211 to 21 ; Passive, 3 to 1. Portuguese, 174
to 184. Mexican, 161 to 174. 'Peruvian, 33 to 5.
New Granada,l2 td 13. Brazilian, 67 to 70. Chiffon,
81 to 3.
Foreign exchange was rather lower to-day, owing
chiefly to a demand for short bills on Paris which
could not be supplied. On Paris, at short, the nego-1
tiations were 23.40 to 43 ; on Amsterdam, 12.2 to 4;
on Rotterdam, 12.24 ; on Hamburgh, 13.101 to 1 ; on
Frankfort, 121 to 1; on Vienna, at short, 11.20 to 30;
nn Leghorn, 31.40 to 50 ; on Naples, 33 to 1; on
Cadiz, 471—a1l but Paris and Vienna at 3 months.
On Lisbon, at 60 days, 51'1.
It is stated that, beaides the renewals of the loans
to the Brighton and South-Western Railway Com-
panies or rather, perhape, in respect of the latter, a
fresh l'oan, by the Bank of England, of which men-
tion was made under this head this morning, other
loans made some years since to te Londn ad
North Western Company, and now orh recentlyo falling
due, have been renewed by the Bank for a further
term of years at the rate of 5 per cent. per annum, to
an amount of about a quarter of a million.
Whilst so much favour or confidence is shown by
the great moneyed corporation towards the railway
undertakings referred to, it is strange, if not of ill
omen, to find another respectable railway company,
like the Shrewsbury and Birmingham, adipting
somewhat extraordinary expedients for raising the
funds of which they are in need. A circular has
fallen into our hands, addressed to solicitors, inviting
their co-operation in obtaining loans upon debentures
of this company, at the rate of five per cent, the
highest rate, as observed, which can be legally
allowed, and holding out the inducement that the re-
gular communion will be paid to parties pro-
curing such loans, the borrowers undertaking
besides, as is usual in such cases, the payment of all
stamp charges. This mode of proceeding is objec-
tionable in more than one respect, and by the respecta-
ble members of the legal profession is not only not
likely to be entertained at all, but is very freely

mama. d, as a sort of atteii.pt to practise
.upon their
integrity. What the usual rate of commission may
be for this kind of procuration, is not stated, but it is
evident that it must amount to a material reduction of
the gams to be raised in every instance, and
be, pro lento, an onerous charge upon the
company's exchequer. Again : it is like a
temptation held out to unscrupulous solicitors
to lead their clients astray, by inducing them
to embark their money upon a security which, un-
questionable as it may be, and ae may be hoped is,
lhas not been the subject of previous and severe scru-
tiny into its validity and perfect safety; the bonus of
the commission promised, the rate of which is left
undetermined, and therefore open to bargain at any
rate to be agreed upon, being the consideration by
which the legal money agent is to be influenced.
It would appear that banking principles are but
loosely construed in some quarters. Stories are cur-
rent about a joint-stock bank in the City which, upon
a notion perhaps of suddenly growing rich, and rieting
in large dividends, is dealing in the discount of noble
West-end bills at the rate of somewhere about 40 or
50 per cent. This is competition of a somewhat peril-
ous nature with usurers !..od West-end money dealers
at any rate up to cent. per cent. Such bills are not
often paid up, and the bank in question must be of
superlative management if really it have discovered
the secret of making dukes, marquises, earls, &c. &c.,
duly sensible of the propriety of meeting their en-
gagements, swelled by such enormous usury of dis-
counts. It may be doubted whether dividends, after
all, will be much enriched by such spoil, unless the
proprietary shall acquiesce in carrying dishonoured
paper to bona fide assets account, and the 40 or 50
per cent. discount to the credit of profit and loss.
wows FUNDS.
Bank Stock, 104 2 lola !lonia LIMO, B 3
3 por Ct. hod. Ann,. /.7t 7 2 Ilona Donn. under Li olio). 24
2 per CL Cowed, Alum. 47161 t L0n...01s for Upon_ ejtif
New 31 per Ct. r 39 ssi Eves. nes. £1 111. zid., June.
LOW! Awls., top. Jan. 3&i 3ti 3 ; March. 41 4
13-i4tl t Dltw,£so). bid., June, 33
Ditto, 3o team Jan. 5,1960, II SS Ditto, Small. 241.. Jute, r,
FOILEION FUNDS.
5 per Ct. Brazilian Donna, be 3 per Ci. Spani-1 Honda 211
pa Ct. Chilton Booth, 83 per Ct. Bauman SOL,
1 per Ct. Grenada Honda, 121 ifel
b per Ct. Mt:ail:SD, 1446, ITS 17 4t per Ct. Belgian Bonds, Ea. 23
blue, At, July .7. 17 franca, 6'J
4 per Ct. Portuoicte Ode., Act ,17t I 2t per Ct. Dutch En, is guiL.
Unto Scours, lb, 4.a t
p.r CL opanith Passive Bowl+, 3 4 per Ct. Dutch Certificates, 71 701