The Express.
London, England, 1853-01-27 00:00:00

THE FLOODS, AND ARTERIAL DRAINAGE.

TO THE EDITOR OD TEE 31P131188.

Sia,—The condition of Linoolnehire, which may
be called the Holland of England, not only with reference
to its position, but to the intelligence and capital employed
in its cultivation, affords a remarkable illustration of the
doctrines laid down in your leading article of to-day re-
spftting the prevention of floods. As a Liacolnshire man,
I felt considerably aggrieved at a statement which appeared
in the Times a few weeks ago, to the effect that my county
was under water. The fact wee that, hiving about that
period travelled through a great number of counties, 1 fotind
none nearly so dry ill Lincoloshire—the fenny Lincols-
shire, as it used to be of yore. When the floods were at
their wont, the waters in that county were not more than a
few inches higher than usual A whole volume would be
wasted pn accumulating arguments in favour of arterial
drainage after a fact like this.—l am, sir ete.,
Wednesday. A LINCOLNSHIRE CURATE.

LONDON LIFE ABIOCIATION.—YeeIerday the nand
half-yearly court of proprietors was held at the offices in
King William-street, Mr. Franks in the chair. It appeared
from the auditor's report for the half-year ending the 31st
of December last, that the balance in hand on the let of
July last wee 20,7171. 16s. ficl., and the
receipts for the
present half leer were 31,9,3601. The payments in the ball-
year were 223,7271., leaving a balance in hand op the 31st
of December of 146,3591. On the Milne date the fended
property and other assets of the association, and the income
arising therefrom, amounted to 307,0631. 16e. Mr. Giles,
the accountant of the company, said that is appear-
ance the income of the company daring the half-
year was smaller than that of the lest half-year, whilst
the balance of cash was much larger. This arose
from selling ost7beOcomels, sad investing in other securities,
whisk had net en effected till the beginning of the pre-
sent year. But the real fact was, that there was, notwith-
standing the great competition in the &severance market, an
increase of 2,0001. in the premiums. Ile had ao doubt that
the association would keep its place, and would ge on gra-
dually to increase its premiums, if that hareem was of any
advantage to them. lis must again, as he had heretofore
done, press the propriety of allowing those who bed intim,-
slices for 5,0001. and 6,0001. to affect fresh insurances in-
stead of giving them bonuses. They had now an income of
230,0001., which was quite enough for an establishment
conducted like theirs. The Chairman then moved that the
accounts which were read should be ousted in the bale-
yearly account book, and congratulated the proprietors en
the position of the company. The motion was carried, as
was also a vote of thanks to the directors.
SOCIETY or ARTS.—At the periodical meeting of
this society—Mr. C. W. Dilke in the chair—Mr. (Bakker,
FALB., reed a paper on the chief points of eteellanas in
photography, as illustrated by the present collection. One
great defect, he observed, in the collection was the abeam
of all information as to the circumstances under which the
photographs hail been takea. Us then precoeded to exa-
mine the various specimens seriatim, making critical re-
marks en each class end on the prevailing style of each pho-
t specim tographerens , which he illustrated by reference to the various
on the table and the walls of the room. Mr.
Mealier pointed out the progress which bad been made by
the art, and anticipated that still greater improvements
would soon be realised, and that means would be devised of
securing out-door representations on a much larger soak.
Whether photography would ever exist as an independent
art, without the aid of the artist, was matter of speculation;
but, with all its imperfections, it was a subsidiary and
highly useful art. It no longer ministered merely, as in
the first instance, to the gratification of personal feeling,
but was new applied to natural scenery and the beauties of
srchitecture.—Mr. Bunt made some remarks on the dif-
ferent effects obtained in different states of the atmosphere,
and pointed out, as one source of imperfection in the pie-
tures, the non-coincideuce of the luminous and ehernasal
rays of the sun. The latter only contributed to produce
the photographic picture ; and their unequal distribution
through the prismatic spectrum gave an appearance to the
pictures differing from tke reality. He suggested that this
might be corrected by the employment of substances dif-
ferently prepared. The chairman tendered the thanks of
the society to Mr. Olaisher for his highly interesting
paper.
BANKERS' CLERK/I.—Mega& Glyn have given their
clerks an increase of pay, which example has been followed
by Messrs. Grote, London Joint Stock Bank, and London
and County Banking Company, no doubt in consequence of
so many resignations in the banking circles. The directors
of the Blackwell Railway have also raised thspee of
then clerks. n
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gain intelligence.

EQUITY COURTS.--YESTERDAY.
Damn ma Loam Jamas' ar ArtaAi.
El PALA& E. S. 11• Nico KZ E. S. MANIC°,
BA3tAirrr. _

This was an appeal by the bankrupt from the decision of
the commissioner, refusing him altogether both his certifi-
cate at t personal protection. The bankrupt, it appeared,
lied if. the year DUG, b. ing then of the age of 23, com-
menced basinese as &retail dealer in wines. This business
be corriod on iii on a capital of 1.0001. advanced by a friend,
up to Autust, 1819, when he sold the goodwill thereof,
sad then set up business in Mark-lane as a wholesale wine
marekaat. Trois this time he had been in the habit of
borrowing money upon the warrants of wine in
bead, which be had purchased; and is many in.
stances, vibes usable to redeem the wamnts, of selling
the w.nee at a loge *untie*, taus leaving himself in debt
foe considerable amounts to the persons of whom the wine
had been purchased. By this means, though unembar-
rassed in Lie circumstances at the termination of hie retail
business, he had &come involved to the extent of 13,00 W.
while troding as a whulesale merchant. The assets, it ap-
peared, antountod at the date of the bankruptcy to Is. 3d.
In the poised. The principal grounds of defence urged by
the bankrupt were that the advances made to him upon
the g..ods hid always been made in conformity with the
slalom of the wine trade—for two or three months, with
power at tit.: end of that time to the lender to sell the goods
if not redeemed. The money had always been borrowed
by the bankrupt under the expectation of being
able 19 effect a profitable sale of the goods before the expi-
ration of the period of the loans, and thus to redeem the
ware..nts. In the majority of instances, however, this ex-
pert eion, either from the state of the market, or from a
List ike is the quality of the wines, had been deceived ;
sad in order to redeem his goods, the bankrupt had been
compelled to effect sales at • great sacrifice. it appeased
also that the tusks of the bankrupt had throughout been
regularly kept, though not always balanced ; end that in
his private expenses the bankrupt had been moderate and
economical.
Mr. Bacon and Mr. Bas4allay appeared to support the
appeal; and Mr. Swanston and Mr. E. Bagley for the as-
deuces, to oppose it.
Lord Justice Knight Bruce, in delivering judgment.
mid it had been properly admitted by the bankrupt's
counsel that his conduct bad in several respects been blame-
able as a trailer. Ile thought, however, the case, inde-
pendently of the great di-parity in the ages of the bankrupt
and Holtbook, did not deserve the seine degree of punish-
ascot as bad been awarded in the case of llolthouse. It
Lad been argued that the case fell within the provision of
the 230th section of the Bankrupt Law Consolidation Act,
as to contracting debts fraudulently and by false pretences,
and that the commissioner was bound imperatively to do
what lie had done. In that section of the act, however, the
word offence occurred, and there was no provision in the
statute, as there hot been in former statutes, that the act
was to be construed beneficially for creditors. The con
sequence was, that the act was to be construed strictly rather
than loosely ; and he was of opinion that the conduct of
the bankrupt did not amount to a fraudulent contracting
of debts within the meaning of the statute. The ease,
therefore, would have to be dealt with under the general
discretion given to the court to act according to the circum-
stances of the particular case. Now, the case before the
court was one in which a young man appeared to have
commenced business substantially without capital, and
without having been brought up to the busine-s, facts
which were most probably known to the creditors who had
trusted him. This young man had acted in many in-
stances earekssly, imprudently, and rashly. He had in
some eases sold goods, and in others pledged them imme-
diately after having purchased them. It did not appear,
however, from the evidence that the goods had been bought
as pledged with the view only of again selling_ them or
pledging them, or for any dishonest purpose. The beaks
of the bankrupt had been kept] regularly, and there did teat
appear to have been any instance in which the bankrupt
had been guilty of an untruth. To this might be added
that the bankrupt was a married man with two children,
hie private expenses during the whole period of his trade
had been kept within the bounds of moderation and mono-
my. No instance had been shown of expense on his part to
gratify a feeling either of vanity, ostentation, or selfish in-
dulgence. Taking all these circumstances into considers-1
lion, his lordship said, he thought, with great deference lei
the opinion of the commissioner, that a milder decde,
would satisfy the requirements of justice, both as regarded
the merits of the particular case, and the interests of society, li
a consideration of which could not be neglected in quintiles's,
of this description. Taking all the circumstances tee
Rather, he thought the proper order to make would be
to suspend the certificate for two years from the 14th of
June left, the date of the petition fur adjudication, and then
to grant one of the third clam; and that the personal pro-
tee•ion of the bankrupt should be refused for six months
from the date of the order upon the appeal, but not after-
wards.
Lord Justice Turner said he concurred in the decision of
his learned brother. The 256,11 section of the Bankrupt
Law Consolidation Act had, is certain cases, rendered it
obligatory on the court either to refuse or suspend the bank-
rupt's certificate for certain offences therein specified. The
present case, he thought, did not fell within the range of
those offences. Had it done so, he should, he confessed,
have still entertained a doubt whether the punishment
awarded by the Commissioner against the bankrupt
wee not excessive. Far if the court, in a case of
this description, where ens only of the offences
specified in the 2%th section of the statute had
been committed, was bound, as the Commissioner bad
done, to inflict the extreme punishment autborised by the
statute, what was it to do in a case where a bankrupt
should have committed every one of the offences enume-
rated ? Ile thought the legislature intended to entrust the
court with a discretion in applying the provisions of the
section in question, to see which, and how =arty, of the
offences specified had been contraitted, and also in each
case to consider what mitigative circumstances there were
to induce it to modify or diminieh the punishment to be
awarded. Now, in the present cam, beyond all doubt the
court was bound to say that the conduct of the bankrupt
had been in many particulars blameable in the highest de-
gree. No man could justify as proper conduct of a trader
the buying of goods end pledging them the next day to
raise money to carry on his business. On the other
band, however, upon examining them transactions
of the bankrupt, it appeared 'hat the pressure upon the
bankrupt commented in April, 18.32 ; and that that') trans-
actions contelaintd of were not resented to to any great ex-
tent till alter that period. The books of the bankrupt ap-
peared to have been regularly kept, though it was admitted
that he did not balance his books. His private expenses '
had not exceeded :501. per annum; and it was stated in his
affidavit, and not denied on the part of the assignees, that
for the last three years he had not been seeking of his own
awned to make purchases of his creditors ; but that the cre-i
ditors, as they were far too mu- h in the habit of doing,
pressed on the bankrupt the purchase of their goods. All
these circumstances would deserve consideration, even if the
case fell within the provisions of the 266th section. In his
lordship's opinion, however, it did not fall within its provie
stone, and under the 198th section of the statute the coast
was bound to give due consideration to the circumstances
be had mentioned in eonsidering_the question of granting
or withholding the certificate. Therefor*, the order sug-
gested by his learned brother was, he thought, the proper
order to be made.

Davas IVO LOUD Cl..
Re A IVISTRO?i O.—LUNACY,

In this can, in which an application bad been made • few
days ago for a habeas corpus to bring op the body of Mn.
Sarah Armstrong, an alleged lunatie, who had been placed
in the custody of a private medical man at the instance of
her father,
The Lord Chancellor rib' be should direct a medical man
to we Mrs. Armstrong and report to hiss with regard to
her caw.
Rs Tizotto.—LtltacT.
_

In this ear, which has been so_ often before the court,
and of which it will be remembered that the lunatic is the
tenant for life of certain English estates and others in
Jamaica, under a will, one of the provisions of which was
that the Jamaica estates should be kept up, an application
was made praying that it should be allowed to the com-
mittee of the estate to make arrangements for the letting of
the Jamaica estates; that an agent who had gone out un-
der the eauctioo of the court should be provided with
funds to enable him to prepare the crop for neat year ; and
that the committee should be allowed to appoint a consignee
in this country. It was urged that this was necessary, in
order to preserve the rights of the remainderman ; it hay-
ing been contemplated that the caltivation of the estates
should he abandoned. _

Mr. }Loh and Mr. °Wird appeared for the committee of
We estate.
. _ . .

The Solinter-General and Mr. Osborne, for the late cal
dewy were about to be heard when the court rose.

h• Wu. Pun Woos.

TIM LONDON AND SORTIE WPWIMIN RAILWAY COM-
PANY r. Tan iMINZWINII/AY AND IDIRMINORAN RAILWAY
C
This was a nation for an injunction, the nature of which
did not transpire, as an undertaking was given by the de-
fendants not to du anything contrary to the pray r of the
bill ; and the motion, therefore, was directed to stand oYef.

EDMONDSON T. 11•11111 S ERS. ON.-NW CII•NCIRT PRACTIC
STOP ORDI - . .

Tbis wu • petition fur the usual stop order, in which the
assitnor and 'soignee concurred. The petitioner was a
married woman, suing without • next friend. and it was
not shown in what manner she was separately entitled to
the fund.
Mr. Nelson appeared in support of the petition.
The Vice-Chscoellsr said it would be necessary to amend
this petition, to show how the petitioner was separately en-
titled, and to add • nest friend. His Honour wished it to
be understood that in future all these applications for stop
orders, when the assignor and assignee concurred, end no
objection was raised, were to be made upon a summons in
chambers. This rule bud been recently determined upon
by the judges.

COURT OF tr.fj FEN'S BENCR.—YrsTRADAT.
&mum a !seas.—livro.• LOUD C MM. hems Cots.'
Mel, Ms. JIMICI WIONIIIA/l, APArillinoWrlCl CIOIIIITON.
SILL 9. Q1:1IN 11411.04-111DICTMINT.
I. this ease the plaintiff in error has been convicted of
Baying obtsiaed trari.nta bills and sums of money from
Hairy Broome. seder false pretanom To set aside this
tin poem writ d our woo Iwoosht.
raw_ appeusil lomat of t
at writ. Ho
amoidoll dot bolitilmot irk ittoriateli so it did
aft tot set that the bills of wimp sod song were the