The Express.
London, England, 1851-01-27 00:00:00

WORT OF EXCHEQUER.—SArcaDAT.

_
ammo a lases.
MCNOBAZX T. WILATIILIT.—COVITTT COURTS.
This wee m rule for an 'mamma obtained tamest the
learned judge of the Comity Court of Kent, for having
refused to receive and make a return to a writ of certiorari
i• S lOW tried at the County Court of Gravesend.
Sir F. Theater, Q C., Mr. Bodkin, and Mr. Horne
appeared on fetarday to show ammo spinet the rate. The
reason so rattan had bees made was t►at the defendant's
enormity, who had applied foe the rule, bad token away the
writ from the jades. The learned judge had not only
received the writ, but asked the parties to wag ly with tr.e
set of parliament, so as to enable them to have the proceed-
' far seat up to the court in a regular way. The proceed-
ings srigisated in an action of replevin, upon which the
jug/ awarded damages to the extent of 601.
• Mr. Bums Parke said he had n heard of such unna-
mable damages in an mhos of replevin, and he was
searprised the keened judge Mould hart allowed the jury to
give such a sent. With that *sorption, no refection
whatever could be made ►gainst hint.
Mr. Pompeii and Mr. C. Clarke supported the rule, but
they had not concluded their argamesta whea the court was
adjourned.
Stet Pam AT OVILDIIALIrSZFOILI Ma. llama Purr AND
1.4.01101, Comm JUANA...
LSD O. Paaap.—Ts■ Para or INFANCY.
This was aa wise is a bill of exchange for 2001. will
interest, payable at five llamas, at the banking house of
Freed at.d Co., draws by one Key, ecceptet by the defen-
dent, indorsed to one Hill, sad by him to the plaintiff. The
deftudant pleaded fire pleas, dsnyieg the indorsement by
Key ; the indorsement by Hill ; asserting that the iadorse-
merit by the latter was obtained by fraud and covin ; that
no money was due as alleged in the declaration on an account
stated ; and, lastly, that the defendant when he accepted the
bill was as tritest under the age of twentyone years. Mr.
Marriages Chambers was for the plaintiff, and Mr. Ogle for
tae detendeat.
It appeared from the statement of the case, that the de-
lendant, Mr. William Brokered! Pried, who only at•
talaed his majority in October last, is the owner of
Mates in Buckinghamshire, and property stated at the
value of from 10,00 W. to 12,0001. a year. The bill
is question was dated within the period of his mi-
nority, bat as It was at five 'eoliths, it did not become due
For some time after the date aseinged as his 2111 birthday.
The dehisce was confined to the plea of infan y, the other
pleas being abandoned. In support of this case a person who
had tees lady's maid to ice defendant's mother 21 years
ago, deposed that Mee. Freed came to town to be confined,
and that the defendant was born in Wiennole-street on the
lot of October, 1829. The tinnily shortly afterwards Is.
turned to their seat at Tyringnam, Bucks, when the
defendant was christened by a clergyman now &eased.
Rejoicinp wane held at Tytionhant in October last on the
defendant coming of age. Ills lather died 14 years ago, and
he was now muter of the property. An extract from the
baptismal register of Trinity district church, adjoining
Wim-
pole street, was put in. It bore date 6th October, 1829. A
local attorney was called to prove certain communications
with the plaintiff on the subject of the bill; but no point
material to the limited question was elicited.
The jury at once returned a verdict for the plaintiff for the
amount akimbo&

EXCHEQUER CHAMBER.--WW--BAITADAY.
(cnows calls isestvin.)
heroes Lena Caursau, sae rue Jam.. ow TEX Qrw's ROM
AND COMMON Penis ago flamers err riss axmoucoa
Tax Given. C. BIRD ARD WWI:PULA OP AUTREFOIII
Acaurr.
This ease hes been frequently mentioned in the Express,
and having excited much discumion is some or the
journals, the lute are probably familiar to the public. The
defendant Slid. a farmer in Devonshire, and his wife were
tried on • charge of murdering a Mary Ann Parsons, a
pauper girl in their service, at the last Spring Mini at
Exeter, before Mr. Junk* Telfoned. The indictment con.
fained a variety of counts, in which various acts conducing
to death were charged. At the trial various acts of
treatment were proved, but the medical teriniony.being
express on the point that the girl died from the effects of •
blow upon the head,and there being no evidence to show by
whom that blow was inflicted, the learned judge directed ma
acquittal. Ms lordship, on the authority of the well-known
cue of "the Queen v. Crompton," kept the question of
annuli from the consideration of the jury. At the
subsequent aunts the prisoners were indicted is
divers charges of assault, when they pleaded *ano-
ints acquit, upon which a question was d for
the decision of this court by Mr. Russell Gantry, Q C.,
who tried the ease. The prisoners were convicted, and a
case reserved for the judges. It was argued at great length
by Mr Slade and Mr. E. W. Cox, os behalf of the prisoners,
at the first sitting of the court ia Michaelniu term, and by
the Solicitor General at • subsequent sitting. The five
judge* before whom the ease was argued not agreeing in
opinion, the question was ordered to be argued ftloin before
• full court. All the judges were now present, with the ex-
eepti.• of Mr. Baron Katt, who was engaged at Guildhall.
The arguments having been fully repented last term, it is
only sow neesenry to indicate the points of the cue.
It was contended on behalf of the prisoners that the as
malts charged is the second Indictment were part of the set
and tranmetion charged in the first, and consequently that
the prisoners had been imperiled ; and it was submitted
'hat the learned commissioner had put on the prisoners an
iesue raised by the pleadings.
Mr. Rowe, Q.C. ( with him Mr. Kerslake) contended, on
the other hand, that the prisoners had not been put in peril
of the second charge by the first indictment, and that they
had been properly convicted under the second indictment.
The ugnment on both sides involved a very elaborate and
eaamination of the long array of casee mentioned in
our last report.
Their lordships sat up till six o'clock, and adjourned
without pronouncing any decision. It is, however, under.
I stood that judgment will be given at the next sitting of the
court.

COURT OF BANKRUPTCY.—BATURDAY.
Bmuee H.. Cleumesow Cortatue.
In as Hints.—Tess elements biattsancs COMPANT.
There we a dividend meeting in the estate of Nash and
Neale, beakers, of Reigate and flakier, • few days ago,
when Mr. Cooke and Mr. Mellish applied, on behalf of au
tan policy.holders in the 0 1 Maritime Insurance Com-
pany, to be allowed to prove spinet the separate estate of
Joseph Neal*, before the surplus was handed our to the
joist luau, for a sum of 7,8331., on the ground that Neale
bad bees a shareholder in the company. Mr. Lewin and
Mr. Fowler tseiged the proof, on the part of the assignees.
Hie Honour now gave judgment. He said be bad g-ne
carefully through all the eases that had been cited, and
had also celled is his assistance the advice of hie learned
brothers. Feehlaaws and Holroyd, end they all concurred
in thinking that this proof could not be admitted for the
purpose of flatlets's dividend, and that the principle en
which it ought sot to be received was a airy short
and simple one. Here the bankrupt had brie •
member of two firms or partnerships; sad one of them,
the issureoce company, must, in the absence of eadeace to
the contrary, be taken to be legally and perfectly solvent.
Besides, titre was ',ideate of their 'Gleamy. An affidavit
on the the of the court stated the belief of the 66 members
of this company that they were solvent; and Mr. Cooke ad-
mitted that some policy holders had been offered 10s. in the
pound and bad declined to tale it, preferring to sue the
mershers. The case "Ex parte Elton" (3 Vesey, 248),
I desided by Lord Loughborough, established the principle
that • teatime of a solvent and an insolvent estate could not
paw oa the latter till the former was extioneted. Thoueh
lbw were practical difficulties in the way of making bank.
Apt each of the 66 members of this company, this was so
maws rto the principle of law. Two had already bun hank.
=bat the great point waa the refusal of the policy
to take Ids. in the pound, in the belief that they
meld get mon. They were quite right in determining to do
se; but they were clearly not entitled to come and take this
Wefeent fund from the other creditors. Having a sol-
wet Toad, they must get what they could from it ;
mid if they made that fund baakrupt, the court
weld then be is • position to do equal justice
between the two fuses- As to the cutest of liability
of the shareholders, be quite agreed I. the op'ution that had
been pronounced by the Cove of Queen's Bench. Where
parties entered unto a contract of this description, under
taking to underwrite policies, and printing in large letters in
frost of their policies, "Capital, one million," when per-
. hap they bad not one-twentieth pert the amount, they must
be told responsible to ate fall extent, as far as was accessary.
If they were thrown into difficulties by embarking in mat
destitute', and enrolling themselves in mulattoes that
were not chartered er registered, that must be settled inter
oe, sad ought not to offset the parties who, on the faith of
this moused capital of • • hos , had effected itlituranCti
with Wm. He was, therefore, of opinion that there was no
right to put this proof upon the proceedings for the purpose
et really* a dividend; but he would not direct the surplus
wets to be transferred from the separate to the joist estate,
anal Wee had been an opportunity for reviewing his
deelaiee.
Rill Honour appointed Friday, the 14th of February, for
giving judgment on the application of Neale for hie cer-
tificate.

INSOLVENT DEBTORS' COURT.—SATvtoAT.
IN NZ MART LINN SCAZOILL.—PUBLIeNING • Wok".
This Learnt, the widow of a clergyman, applied for kit
lied Order. Mr. Chance, the well-known publisher of
HuSee-street, opposed ; sad Mr. Dowse supported.
The semplaiat wr framed. Thit insolvent bad employed
Mr.Ckartem to print sad pablish a work by his Lets lisstrad,
entitled " The Paritaa's Grave." arnrtug him that she had
300 astworibura, cad wield head the snbseiptawos over to
kin as eke reeeived them. He delivered her 368 wpies, and
tapered she weakd have paid hiss. flis debt was 501 sad
ha bed rosorivod 6011 the tale of the work about 401., irm.dad-
lag 361. his the imaohlat.
The umbras* stated that the whisk; pries of the work
was Ts. U. had WE shoat 160 to nbearthem, and shoot
110 Weida& It was with iiillsolry aka get paid far the work.
Mr. Cemississirmer Phillips hold that tiro weld be no
tread in the are ahoy the moral mode by is. lesolvest.
Kr. Chants assoklahrd that ha had groat ems to cow
plate. It was Waited that the lasolvoat had a reaklaaaa
• was not lasatishod ia the ishadalo.

Mr. Com*lsm 1104. Ms salukis wsi M