The Express.
London, England, 1849-11-08 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 8, 144),

The plaintiff and his son. however. bieg unable to pay out
the executie,, the goods, which ea • wed et emissary
articles and hosts furniture. sad which the plaintire wit-
neon stated to be worth 2601., were sold by maths en tae
18th 0ct.,643, for M. b. Tke AM del/admit% era, •
prilltsee at Hammersmith, rendered ea secosat to the
which the stun of 84i h was deducted from
iM ens of OK Oa. he the itspeues of the levy. Sher the
ash • banes edll remaised due to the defendant Chad el
31.8 e. N. The *lndira mitosesw now deposed SA to
goods were esM it ismilleasbly utter their vats% and sus
triune veined a sesielly of isei Witlessly, hr idiots the
phistlffhad 10L, at ma The plata% whams*
abodeptiedikatthesalewsseseansted in an impropernumnie
sad that the goods would kayo Istelod a sub greats piker
If they had bees properly seed cad Pre Iree Prefer le"
Mr. flerjeut Wilhhe, he be debase, sesbabd that,
according to the *vides* Wised ea beheU ef the pleisllff,
it did not appear that the goods bed bias sold at too low a
prim because one of his mimosa, • Mr. Uprose, had de-
posed that the plaintiff had requested him to buy In some
lots for him if they want cheep, and that person had only
bought 121. wceth. alaie icescald rant
bear in sled, that
property sold ender
muds lea unease than it originally cost Wish regard
to the sum of 341 2s. 3d.„ which was charged for the exposes
of the levy, the plaintiff was informed that not selling the
crzit'il after the mouths bad been In 21 dap would
eta swam ; ups which he said Is• would bear it.
With regard to the damndest'. sot having banded over the
suplas te the plaintiff the het was, that after the goods
wive wild, a Wins remained due to the defendant
Cloud ef 31 de. U. he rent, and the plaintiff had retained
pasimies ef the hum for about 12 months afterwards,
dudes whisk thie be led paid no rent, and Mr. Cloud had
at last bees MAO to eject his. The plaintiff had never
hid oat any mosey at all ea the premises ; the fact was, he
W net eves unpacked the articles of statioury which
WA been takes there. Under these circumstances, the
Lassa serjeast submitted that his cliests were entitled to a
mast.
Mr. Justice Talfostrd, in summing up, left it for the jury
to say-11M, whither they believed that the distress was ex-
urb* ; secondly, whether the sus of 341.25. 3d. charged
for the expenses of the levy was too high a charge; and,
whether they believed that the sale had been pro-
petendured sad the goods sold at a fair pries.
jury, after as absents of two hours, returned into
court with a verdict for the plaintiff. The foreseen said they
cuiliered there had been an excessive distrait and the goods I
seed is ea impure manner, for which injury they awarded
the }Wad( SOL dentegeo. They were ale of ',liaise that
the NU of 341.3.3 d. for lerPng was too muck by 181.
Mr. Justin Telfourd said that from that 181. the sum of
31. 6s. N. Would be deducted, which amount was still due to
the delisdant Cloud for arms of rent after the sale had
tikes phew Bib lordship reserved leave to the defendant to
gum es the gamed that, the gustiest of the charge for the
key beim reasouble or unreasonable ought sotto have been
left he the jury. Wessel' es the plaintiff had offered no avi-
an.. to prove that the dime was en excessive can

COURT OF EXCHEQUER—TzenraDAY.
ammo* nr BANCO:B.17011 Buns Pius AND ALDWON.
PRATT O. HARDISTT —BIDUCTION.
Mr. &dame Hingham moved for a rule calling on the
plaintiff to show cause why the verdict in this case should
not be set adds, and for a new trial, or to reduce the
damages. The action, which was for seduction, was tote
before Mr. ?metiers Williams at the last maims for flowery t,
when a verdict was returned for the plaintiff, with 1501.
damages. It appeared that the hauls for whose seduction
the action had been brought was • dreemnaker, about 22
years of age, readies at Shoptalk with her mother, who was
a arida w. The defendant was a silk manufacturer, residing
with his mother also at Shorten. The camel= between
the parties commenced under these circumstances :—He first
mashy met the young woman (whose name was Martha
Pratt) coming out of his mother's house. Having induced
her to go with him to his country house, he efhottd
his purpose without much resistance. He then. as
also upon subsequent ocessiona, gave her some money,
and she made no complaint to her mother or any on. else
about the occurrence until she became pregnant, when she
informed her mother of her condition. There waino evidence
to show that the defendant was a person of property. All
that appeared was, that be carried on the business of a silk
manufacturer, end resided with hie mother. Under these
circumstances. it was now submitted that tke damages were
excessive, and the leaned Gomel said he had reason to be
lime such was the opinion of the learned judge who tried the
Buse. It was further submitted that the learned judge bad
misdirected the jury. It was act proved that the plaintiff
had sustained any low of service by the seduction of her
taktulrhter, who culled on her badness u a dreasetaker and
the plaintiff for her lodgings. It appeared that eh* acted
the house as any other lodger might, but the relation be-
tween her and the plaintiff was not that of mistress and
servant.
Mr. Baron Alderson—ln those actions very slight evi-
dence of service has always been considered sufficient. It
is admitted that Martha Pratt emotionally did something
for the plaiutiff.
Mr. Serjeant /Unita* next submitted that the learned
judge had also misdirected the jury, by Whose them they
were at liberty to take bite account the phial ire sufferings,
and to compensate her for a severe Winos which she suffered
after she discovered her daughter's prernaney, if they
were of opinion that the attack was mused by the seduction
of by daughter.
Mr. Baron Aldine= Juries are always told in those
cases, that they must take into consideration the injury
done to the parent's feelings, and if the stock to the feelines
mates phy-ical muffed's , why should it be excluded ? The
plaintiff's Slams might have been caused by her anxiety and
excitement, on hearing of the seduction of her daughter.
Mr. Baron Parke--,lt eppeare to me that the learned
judge's direction was perfectly right upon both the points
complained of. The only question is whether the dimmers
are not too high. They certainly do appear to be large
upon the facts as stated. We shall, however, consult the
learned judge, to entertain hie opinion.
Judgment deferred accordingly.
BUSINESS OF ran COW/T.—II was intimated that on the
15th instant, the day appointed for general thanksgiving, no
businem would be done in this court or any of the officcs
connected with it.

EXCHEQUER CHAMBER.—YESTERDAY.
Clown CANIS RIIIIITZD.
Hamm Two Loan Clear Icemen or cm Couxon nom, cgs Loan
CRIEI BMWS, 11/4 BAUM ROLM Ma. JCSTICI COLERIDGE. MIL
haws PLATT. AIM Ma. Jcsr.ca Causwau..
Tun QVIEN O. 11•11111.—CONCIALMINT OP PIOPIRTY
BY • BANLIIIPT.—IIIPOILWILLITT OP INDIC:TWIN?.
This was a point reserved by Mr. Boron Platt, from the
Oxford circuit, on a motion in arrest of judgment. The ease
has already been before this court and was postponed for
some alteration in the record.
Mr. Haddleston appeared on Delimit of the pri-
soner, whn was convicted at Gloucester, on the charge
that he, being a bankurpt, had atrlulently sea-
celled certain real property which he bad disposed of.
The first objection to the form of the indietnitat was that it
did not set forth that there had been an examination. The
only allegation was that he surrendered and was then and
there duly sworn. Under the bankruptcy law, the learned
counsel contended, a submission to be examined was a tidally
different thing from an examination. L bankrupt, unlike an
insolvent, was not bound to state every thing in a schedule.
Me could not be guilty of felony by silence; but must be Bub.
jetted to an active examination. This was supported by the
words of the oath administered on the occasion, " Yen
shell true answer make," &a. The second objection was
that one allegation of the indictment was repugnant to the
other. It was said that he was possessed of an estate, and
immediately after, that he had dialoged of it. It
was laid down 1s 2 Hawkins' Pleas of the crown
93, a 62, that where one metals' part of an indictment is
repugnant to another, it is invalid. The learned counsel,
therefore, contended that the conviction is this case could
not be Bustling&
Mr. Cooke, foe the crown, contended that the indictment
was valid, as it alleged fats with suilleient clearness to en.
able the defendant solemn the nature of the offence, lm ted
to him. It was the form adopted in aff such proceedings.
The act of submitting to be examined was a surrender to all
that the law required a bankrupt to do. TIN leaned counsel
was proceeding' to the next ohjeetion, when
The Chief Baron said their lordships were unanimously
of opinion that it would be impossible to get over that ob-
jection. His lordship inquired if the defendant was in
prima.
Mr. Haddlettoa said he bad been in custody Cisco
March.
Mr. Baron Platt mid k was no great matter. Tits prisoner
had escaped through • mere flaw in the indictment ; tor a
more scandalous me of fraud was never before proved in •
court of justice.
The Chief Baron—The prisoner must be discharged.
Their lordships then appointed Tuesday, the 20th instant,
for the *sat sitting of the court.

COURT OF BANKRUPTCY.—YonowAT.
emu Ita. Cceownowca FOMILLMICIL
CIAIIIOI OF CONCILIII.II4O PIOPIATT.
. . .

This weetl;;;;Miileaeiieeqt;ginllMTioe of Ronk
Woodhoms, grocer, draper, end general dealer, of Ton.
bridge, Mont. lin belence-sheet showed debts and liabili-
ties to the 111110011, of 5,0261., and meets worth 1,4211.
lir. Lovell opposed, fox the assignees, principally on the
ground that the Itropt's neonate IMO *narcotised to the
extent of 3,44131., and that he had been guilty of conceoliost
his property. It appeared that, at a meeting of his creditors
in Janomy lost, he had submitted a statement, showing his
debts to be only about 2.0001., sad t is assets to exceed that
sum. Shortly before the bankruptcy, he had sold a wad
of goods to a r. finger for 311. This had never been paid,
though the bankrupt had given a false receipt for the
mount. Sines the Ist, he had received 101. on a bill, and
had paid it over to the person who had discounted it
for him.
Mr. Lenin*, for the bankrupt, contended that the
alleged false receipt not being produced, Ike charge of con-
cealment fell to the ground.
Sanger, a null shopkeeper at Hadley,. was examine
as to the transsetion with the bankrupt. He said he had had
Cdk, on tale or return, to the amount of 811. before the
ruptcy, for which he had not paid ; after the bsrkroptcy
he wished to send part of them back, but Woodhams said he
did sot want them on the peeniers, and ProPmed giving
witness a receipt, as though tkey had been paid for la three
instalments. This was tine ; and it had been son a burden
en his (witness's) cansalease for six or seven months tat he
had set known what ke do; ultimately he had given up the
gob and take Resit telfftimal‘seee.
The at Lint said he had no
recolleeticallsalitZing the nnigt In nineties, and afterwards
that it was is respect ei SIM Misr goods
Tbe Oentuissienee—l ebell ass groat oratztilleete
year meneety bear obese these
Mime* die asewaeileataMieetle/eedeMbaeithe

Ea Fousts.—Boonia's Cram.
J. H. Feller, wine merchant, 8:. JanariesaMeet, late
keeper of Boodle's Clubhouse, applied for his certificate,
supper'ed by Mr. IAWTSIIOO.
Mr. Taylor, for the assignors, offered no opposition, but
wished to call his Honour's emotion to the:act that the
bankrupt's books bad not been very accurately kept. The
debts in Ibis OW were upwards of 19,0001. ; arms, about
2,6001.
Mr. Lawn's* said the bankrupt had kept Boodle's ("lo-
bate" for ahem half • century, and attributed his maker-
tunes to the felling-off of the club, owing to the altered
habits of the time,. It might have been better ftr his me-
diton had le given up the establishment many years ago ;
the old customers bad died off, and their place, had not been
supplied by the younger members of the aristocracy.. It was
not a are Is which a first class artifice.' could be pew, but
he hoped it would be of the second clue.
His Honour said • first•claes certificate could never be
given when there bad been bad bookkeeping Mad excessive
discounts. Had this been the ordinary trade of a wine mer-
chant he should have granted only a third-alms certificate ;
but as the creditors were acquainted with the peculiar risks
of the business, the certificate would be of the second-
clam.

INSOLVENT DEBTORS' COURT.—YnTERDAT.
DOOM rigs amp Covirancurn.
CIADLIIII JAMS WOOD.
' '

This insolvZ,eCar;ister, who applied wader the Pinter-
tection Acts, was opposed by Mr. Bagley for a creditor
named Taylor, and another appeared in person. Mr. Cooke
and Mr. Duncan were for the insolvent.
An application was made by Mr. Duncan, on the part of
the insolvent, for an adjournment of the ease, with the view
of making a I to set aside 1001. • year for the pressing
creditors. ere were relatives in the schedule as creditors,
but it was considered advisable to obtain an annual sans foe
the creditors whose claims were pressing upon
Mr. Bagley said the proposition was new to him, it net
having appeared on the schedule. It was probeble that the
circle of creditor who would participate in the sum proposed
would be narrowed by the nest occasion, and Lithe creditors
were benefited, he bed no desire to proceed with this pain-
ful caw
A creditor in person wished the insolvent to reinstate •
policy of insurance. He was • joint security with two
others, and units, it was done, an action was threatened
against Mal.
Mr. Duncan, on the part of the insolvent, undertook that
the insolvent should perform with regard to the policy what
the creditor required.
In answer to the court, the insolvent said he was following
his protrusion.
The am was fired for the 9th of January for the final
order, sad the proposal wee directed to be stated on the
proceedings.

MAIDSTONZ. Nov. 6.
Beroas hum Pewnwers, Pas., Ai
In 13 11111 Ray. JOHN BIACIBUBN.
This insolvent, the well-known dissenting minister :of
Claremont Chapel, Pentonville, applied to be discharged'
under the act, on which occasion three barristers from she
court in London specially attended.
Mr. Dowse opposed for the Bev. Dr. Warneford ; and
Mr. Sargood for three other coeditors named Penney, Deck-
house, and Thompson. Mr. Cooke supported.
The application was made under 1 & 2 Vict., e. 110—the
jurisdiction tranteerred from the Insolvent Debtors' Court
to the Count Courts, and thereby abolishing the circuits of
the ers. The insolvent had lately resided at
Bydenham, Kent, and on being arrested was taken to Maid-
stone gaol, from which prison he new applied to be dis-
charged. The schedule filed by the insolvent exhibits debts
amounting` 8,8151. Is. 64., for 2,3321. 7s. sd. of which no
considers had been received, and the sum of 2751. was
more than onoe entered, leaving the consideration debts
6,2071. 14s. Id. On the credit side be claimed 3,1041. 17e. 81.
se owing to him by his two sons, and to the resistance ren-
dered to theca be attributed his insolvency, as alto to other
expenses and illness which had occurred in his family. He
had made an alignment in December, 1848, for his credi-
tors, eettiog aside the surplus of his income as minister of
Claremont Chapel beyond 2001. a year, the stipend having
been for a cossiderable period at the rate of 6001. a year.
The ease occupied more than six hours. The insolvent
was examined, and several witnesses called. The com-
plaint was principally that the insolvent had borrowed
mousy from members of his congregation, without having
reasonable or probable means of payment. The excuse on
the past of the insolvent was, that he expected his sons would
have sumseeded in business, and that he should have been
enabled to pay his creditors. It appeared that some time
beck a committee of inquiry wee appointed among his con.
rogation, sad a number, it was stated, had seceded. He
offered to assign his income, taking 2004 for himself. The
income, arising from the chapel, had been reduced from
6001. to about 2001. aisar.
' Counsel severally addressed the court, urging that the
debts had been improperly contracted, and ia reply Mr.
Cooke made a forcible address on the part of the insolvent.
The Learned Judge thought there was no fraud in the
case, and that the insolvent bed reasonable expentatione
from his sons. Perhap., as a father, he had been too san-
guine, but still he bad expected to pay his creditors. The
insolvent should have considered his position, blt it was
likely that, from his occupation, he had not paid the atten-
tion that was required to his affairs. He declared the in-
solvent to be entitled to the benefit of the act, and ordered
him to be discharged forthwith.
The case was not concluded till nearly eight o'clock at
night.

MIDDLESEX SESSIONS.YEBTEMMAT.
BEROII3 MR. ORRiERNT ADAMS, AIIURTANT JUROR.
TKO IiOTAMATZD RICOOKIZAhCIS Or LOLA MONSEB' BAIL.
Immediately before the rising of the court, the juries
having been discharged br the day, Mr. Bodkin entered,
and addressing the learned judge, said he had an applicatian
to make on behalf of two gentlemen named Davis, who
some short time ago became bail, in recognisance. of a
somewhat considerable sum. for the appearance, before ens
of the magistrates at the Marlborough street police court,
of a certain party (Lola Id mites, or the Counter.. of Lends.
feldt) against whom, end before such magistrates, a charge
had been preferred. Of the circitess'imees attending that
accusation nothing need now be said, at all events the ac-
cused party, in contravention of the terms c f the recoauia.
anus entered Into by the Moue. Davies, did not appe r,
and an application was made to Mr. Bingham, the magis-
trate, to mhos the payment of the amount of the
recognisance* entered into by the bail, namely 5001., as
regarded seek of the gentlemen for whom he now I
appeared. Amesedingly a summons was issued requiring
the attendees* of these two gentlemen, and he (Mr. Rid-
kibiter sared es their behalf, and it was arranged between
med the legal representative of Mr. Wray, an whose
behalf se receiver the appliestion for the enforcement was
mob, that the matter should be pieced in such a position,
that Iles 44 session of the legality of the recognis rasa might
be eshmilmbre this court. Under these circuenstaeces. Mr.
Niseris, the inegistrata, did not give his decision under the
Matuteknown " Jervis's AM," under which recogebances
leetresited be magistrates were returned to the sessions
with a mitiaciate of default, and thereupon treated by the
met of ausions as if the 'street had been imposed by it, but
he adopted a course of proceeding under the Metropolitan
Police Act, which gave the meeistrate the power of making
a summary order for the payment ire the amount of en es
treated recognisance, and at the same time gave the person
against whom that order was made s power to appeal against
it at the Quarter Seniors,. With the view theretoreut enabling
the parties to bring the question before this court, Mr.
Bingham made an order for the immediate payment of the
money to Mr. Wray, the receiver; and u the sot under
which the magistrate acted required that when an order was
appealed against, the party intending to appeal must give
notice of such intention within 48 hours of the tusking of
the order to the magistrate who had made the order, the
Messrs. Davies immediately gave the required notice to Mr.
Bingham, who thereupon required the Metiers. Davies to
enter into sureties for the due prosecution of the appeal at
the next ensuing session of the peace for the county of St id-
dime, and accordingly the Messrs. Davies were hound,
themselves ih 5001. each, with four sureties of 2501., to enter
and try their appeal as he had just stated. According to
the terms of the ruogabances, the parties were bound
o appear at the present sessions to try their
appeal ; but that, as the court in a moment
would see, was an haposaibtlity, for se yet no order
whatever had been served upon the Mears. Davis,
and therefore there was; nothing to appeal against.
The order was made by Mr. Bingham on the 24th October,
and iastructions were at once placed in the hands of counsel
to draw the order, and he (Mr. Bodkin) was prepared with
en affidavit to show that the order had notbeen returned by
the counsel engaged to draw it up. The question wee a very
complicated one, and was surrounded by many dAlculties,
but perhaps the greatest was one which arose under Bikes
Att, which came into operation, as the court was aware, on
the Ist of November. Under that act, a dear and distinct
notice of 14 days was required to be given in every ewe of
appeal to th. party who would be placed in the position of
respondent, bat how told that notice be given in a case
where the order appealed against was made on the 24th of
October, and the appealing party bound by a heavy recog-
nisance to try the appeal at a session which cow meneed on
the Bth of November, before 14 days had expire." ? The
order was not served, and no one could tell what its con-
tents would be, but he supposed it would bear date
the 24th of October, as the day upon which it we*
made. Were that so, to enter an appeal now would
be futile ; but here the parties were, pursuant to their nog-
nisances, to bring the gentian to trial, but there was nothing
before the court to appeal against. Under such eircuu
as he bad stated, he thought the curt would not
sorert to enlarge the neognissaces to a future session, when
perhaps the order wont.' have fern served upon his clients.
The learned gentleman then handed in two affidavits,
sworn by Henry James Reeves, clerk to Messrs. Davies, fi.oe,
sad Campbell, of 21, Warwick-street, Regent-street, whion
set forth that on the 24th of October Peregrine Bingham,
made an order upon Daniel Davies and Henry 'Nigel
Davis, of 21, War., irk-street, Regent-sheet, for the Pay-
ment of two sums of 5001., the amount of rt.:legalisms
entered late by them respectively for the appearance before
the said Peregrine Bingham, Esq., of Marie Dol,res, Cont-
emn de Lenclatendt, and that the said Marie Dams, C im-
tepee de Landsteldt, having failed to appear, the said
Peregrine Bingham, on th, 25th of October, ordered Daniel
and Henry Daniel Davies to enter into reteognisancos of 5001.
each, with bur of 2501 1 Mb, to try en app.-1 siphon
such order at the next general session of the pesos to be holden
for the county of Middlesex, and this deponent salth, that
on the 7th day of Nov. he made inqury at the Marlborough-
street Pollee Court, and was there, upon inquiry, iuhrened
that the said order hail not been returned by the counsel an-
gered to draw up such order, and could not, therefore, yet
be served or returned to this court—that such order is not let
served and this depenent being advired by emussel that a
notice of 14 days is &actuary to be given beton the hying of
as appeal, and tlu said intlet having beta male qv the Eft

of October, the said Daniel and kisser Daniel Davies angel
not give such notice of app-s3 let the general 'elision o'
the peace, to be beldendet aforesaid, which comment don
the 6th of november, rail in consequence of such order
not having been drawn up and served it is imputable for
the said Daniel and Henry Daniel Davies to try their
appeal as required by the aforesaid reeognisenees."
Mr. Bodkin said he had been considering whether it
would not be advisable for his clients to eater their appeal
now, and then move the court to respite the appeal, as well
as to enlarge the recognisanees. Perhaps that course would
obviate all difficulty.
The learned judge thought if the appeal were entere3 now
the objection as to the notice of fourteen days under Baines'
Act would be tenable, besid• a, there was nothing before the
court, to appeal against. Bull, everything that Mr. Bodkin
thought necessary should be done, but it would be .at the
risk of the partkre by whom the application wee made.
Mr. Bodkin said that notice had been given to the oppoe-
sing parties of the present application. His friend, Mr.
Clarkson, who wasretained for them, had informed kim that
they would concur in any order the court might make upon
the subject. He had thought that it would have been better
had the appeal been entered now, as it might have been
abandoned subsequently; but, after what had fallen from
the court, ho would confine his motion to a respite of the
recognises'., of his clients until the next Quarter Stations,
and he hoprd that the court would see that his cheats wire
not harmed by the difficulty in which they ware pieced—
for they had appeared according to their recrognirantes.
The learned judge said there need be no fear of that, and
granted the application.