The Express.
London, England, 1849-11-12 00:00:00


EQUITY COUR 1 8.-SATUILDAY.
Banns Vice.Caawsuos Incluse.
Ting Mill00111 OF LonlYtnialiaT v. OviNODON.—TITIMII

01 8T GILlee's, DORMAN.
Mr. Weed sad Mr. Elden= wan heard for the
an's, and the floliciew.Onseral fa reply, in this salt, tbs
object of which is to eattblish tAn plaintiff's right to the
tithes of the impropriste r. ctory of tit. Oiks, of Heypier„
mew Durham. The argument tur..ed upon the question
whether the e met would direct as action or an ease for the
purpose of kyles the plaintiff's right at law, or would
nefilyretais the bill, lasing it to the plaintiff to take his
owe coarse es to establishinc his legal right.
The likesCzaneell' said ha thank; the course meat ad
veatageoas for all partite in cases of this kind would be f
the court to direct an action or an Mass toe Use porpoise of
trying the 1=4 rieht. The we of " Knight tithe
practice,
of Waterford" bad, however, established a different
in eon'or nifty %eh which he wse bound merely to retain the
bill for a year, with libtrty to the parties to try their right at
law, either by an action or an hese, es they might he advised.
COURT OF QUERN'S BIDICIL—BATFADAy.
BOUNIIPIUD V CVATLII —RIGHT OF • LaJIDLO•D TO
70ACHILT • TIT•JIT W310011 TIM W ICLPHISD.
nue was an action which OM tried before Mr. Serjeaat
Dowling as the last Home Circuit, when a cad= was pie
tamed for the plaintiff on all the issues, save one with a ear-
thier disease s, while see issue was found f. r the defendant.
The declaration was in trespaei for breaking and emeriti,
the plaintiff's b, ute, taking possweiow of I!, and forcibly en-
patina bias and his children. It also alleged an assault ea
the plaintiff, and also false imprisonment by giving hi= We
custody ea at =founded charge of felony. Then MB a
pi= justifying the allegation of false haprisonmeit, era/
the one fir entering the hones there was a jostilleatism that
the plaintiff was a tenant of the defendant, that his tam had
=pied, and that therefore the defendant eat, red the Mere
and expelled I is. It we* on this lot liaise that the ',TWO!
was found fur the Minima.
Mr. M. Janke sow, on tie part of the plaintiff, mime fer
• new trel, oe the stoned, that the damages es= MC
neellof the imrroper reception of evidencs,and inieffiritelerret
cad alto that the issue wtich had beta found fir the the
ksdent skald be entered for the plaintiff. It appeared
that the plaintiff was a eleroyman who had rented a home
at Norwood woe. the defendant for a year, hie tenancy ez-
Setup ea. al• rib 20, 1849. On the 21st a somber of brick-
layers and others Ciae f0 the house at four o'clock M tM
mornie.g, and with hatchets and mail. te broke up= the
windo e -Attests, get into the home, wildest the piglet/
when he tried to reveal their envy, and Orally trek
Andrea, carded than into the middle of the road. and
there left them. At the trial it we. contended that award-
leg so the case of " Newton • Harlin I," in the
Common Plea% reported in 1 Maiming and Grainger,
the dies dant wee see Judie. d ia u i forsibk ,:-
That ea-, deeleid that "when • tenant re-
make le pkreeion after th ezpiretk a of his cm, the
lawn is not justified in eziwillate him by forte to regain
paesea.im." lie learned seij-ant, however, told the jury
that the defendant was jamalled la the trams he to k. and
that they must find the verde* for him oe that issue. It was
now ur.ml that the duettist, laid dews in Newton v. Bar.
land had sever been quistioaed, sod that this was a misdi-
rection. la the course of the trial tA. learned =joint
allow. d strider oe to be admitted to show previous bad chi-
/aster in the plaintiff, aid 011111104104 were called to prom that
ho had beau a pries, er is Y rk eerie. This evidence was
let in on the grow d that he sought maniac's for having hers
• fate custody for an alleged Molly for ot, 'bog r
spoons. ft was csatanded that this was cleanly wrong. No
ease had d aided that la ease of intros evideoci of had
dwelt. r lu • ;dahlia was adin mike; and it Sail seen he=
aeld that he 'moue for mate kiwi irosecatiois such *Tidies*
was iaidoesibk—Bale swum d.
BAIL COURT—LIATvaDAy.
Barna Ma. James Farman.

TNS (MINX W. TUN )11701// AND /11;TICIII Or KINGSTON
vros AAAAA US.
•

flir J.hn Bay14 Tao •ed for a rule ailing on the mayor
and jwiers of Kingston upcn-Hall to show cause why a
sa.tdatuus should sot •ssu., (Ilium, them to Lieu. a armrest
warren% .it inii One Win11.111 1 n1L.,11. to recover torr.10• pe-
nal welch he h d locum d under the Nuisances Removal
Art tree 11 & 12 Vier , e. 121. By the 16th seed°, it the
act ad pen .as guilty of wilfully obat•acting any petrels act-
mad on ter the sathttrity of the set, or violstieg its previsions
or a...letting anything which be bas b. en ord. red to do by
the Hoard of H &Ph, shall forfeit tor each of these of aces
reoprettvely 61. Jed/ton bad hen several tines cowrie.)
under the act, and was Ital le forth. penalties. On the 16th
of Ostober, when the les conviction was obtained, the mayor
li•et 1 gave in • d roes that J rck..cet nes his setesni, inn
that he h d no fat, rest I. the subject matter of the Imes-
plaint. A distress anuses to levy the pen.shics was egotist
for, bat UN Juatic,re derby id ti great 1*, without giving any
rearms. end ra6rred the party applytog to the CI net of
Qua a's B deb.—Bale granted.

COURT OF COMMON PLEAS.-SATURDAY.

UFOS! It& JIM= CIIIIDWZLL UNDO} CONN,I, JC111111.
YSATU MOD OilliaS tiOPPT -ALLEGRO EILATJDOLINT

rasyssaxes ST • BASSIST?.

Tb a was a,: canoe benuthe by Mews. Percival and Ridg-
way, .1 it ..s a Boatel &ale, a bankrupt, to recover the
nun t 1961. 14e 7.. iron Mr. lames Hippy, to whom it we
@liege d the be.knipt bad paid it, when he knew that bis
of nee -.ore in a Ito.'wia acne ; and, tb.r►lore, by so paying
the tb-lerident, he s owed atraudu eat preference to him over
other en advs._

Me vials mil Mr. Di ariey appeared for the plaintiffs, and
Mr Smj seat Byles tor the defeudanta.
Fr in Mr. Mill:. opening it up, tar-d that the l•arketipt
was a dealer in china and earthenware, and the deft admit
was his he-titer-in law. dome tins beck the defendant cc
opted • bill fey 1'e amount in question to aecotentedaie
Seale, and in the in nth of Mereb lest 8 ale handed to him
200/. to meet the lame. The bill was des on the 23rd of
Much, bat nu the 21st of t • at month, °lily two or the.e day-
alter the 2001. had been paid to the oefendent, a flat of hank.
type/ was imated egtinst Seale. It um contended by Mr.
Mlle hat this moment to the defendant was a fraudulent
preierenemil hies, and a plating tins is a better peados than
Nit. r ereeitors. The learned counsel added that a* the time
the money we. paid to the defendant the hankrept must
have limn aware that it would be imp iesible for him o meet
Ma Chet m primate.
Wit: . are were thin calls t to prove the state of the bee k
rept's effifin, and the examinatiin t f the defendant himseli
at the Conn of Beekraptey wee pat in to prove that he bad
naiad the money fa- the MU, and that be paid the bill
when it teems due. No evidence, however, was prodded
to prove whether the payment of s was voluntary on
the part of Seale, it whether be male ta in emenquesce ol
his being pr. u, d tor palming% by the defendant. la the
(mane et the defendaet'a mellitus 0 fore the Court of Bin k•
va•ter, he meted that until tn. hank •upt called upon him,
be did no• k ti.w that the bill was "out it the worli," that
is to see, in whose heads it was.
Mr. 8-tant By les addressed the jury, and contended
that it world be a very hart ease to mike the defendant pay
the a nonfat oat of hie own pocket, which he would lefellii
bly ha,. to di if the verdict were easiest him. He had
steeepod the hill enti•ely fee the b iekropits aoeommodatlen.
The hankrap• rad prowled bite lo.g before the bill became
due that he should a b a tower by it, and he thought ii
tell hardly he slid flat the depositing the money 14 his
ho.A. otoogo•o4 to a hands!. lit preference, especially as it
had no. even been prised that the bankrupt contemplated
bat heuptcy when he so pad over the ea soy.
Mr Joitke Cr*. well ten it to the jury to rossider, tut,
.• her the payment .10. ender Ort.MITP, or whether it was
ere oath, part 01 the backrapt with intent to place
his vela iv* fa a better post tats than the other creditors; se-
astiole, wlm•It r they :h.vsoht the h v kraut contemplated
bee keeptey or trodve• try lathe time he made the statement;
ant, thirdly, wt ether It was paid t.. the deie admit ea a debt
dot tg, his, or is Molter in tn. If opinion the de cadent only
holt the se mey es a sisk•hold r, to pity it over to whoever
be mee Ram 4 w • (as helderof ths h li) entitled them*
W. en the Joey fend itee•di ft • hew goesquas he could direct
them as re what reedier they should return.
T •• Jeep retire!, and es their return bead-1st, That the
rayons t was vAnatary ; 2i.elly, that they, was not enflicient
emit. nee in show wi ether IA* harderopi cent's/plates b ab.
Imp e7 or is • 411. soy ; ily, That fns money wee paid to
41.t. • dant re • M./NUM. r.
X:. Ja Mee Creisw It said this amounted to e verdict for
the pietatle, on the erdend that (he mosey pal to the
defect taut nee really text menti of the seeigneen, and that
the permed was v lantary and freedeleit. The learned
Jed u give the defendant leave, however, to move to sat
wide the or elet re the nt.er • Meta.
Male ma IP. @IIIT7111111.-8138/11119 AN A0123MIIIIT.
Ti. .as ea and fended Mace hr eight by Mr. J Auer
Witt-tee, of B lkia Ardis,. Hasamiteod, ageing a Mr
rs is newer damages hat r the teltowisi
• 1110taibele
peeved that dll• wee the comer of a home
ear.:' Claret- elriliart I II, on t• e Mar:a• parade, at Brighton.
• Smi ere was formerly a b sr ing• house keeper at
Bielornes aid it will luny led bad en intesitios of tarrying
ea a'tmtierhesiawa,Brehten. Per this purple' be biked
at pola.roms ►in.., u d emu a other. a' C anew massom.
%Web he maned to 1 my they seek. He went out it
several times with his 'preemie, and at leoath, after some dile
ow ton ea to terms. he inwraeted Mr. Lockett. the beam
'gest M Portman.street, Portman-square, to Wet tete ea
eg • meat es hie belt died& the plaintiff : and Mr. Loehrt
sew ri suety, hp Jun- lest. signed an a.:rerment for lt.m for a
reranran* terse, at 2301 a yew, the tersinere M
ad Astons
• telima ett • vanities. The delhadune Murata mgelliAnd die 'imams. doping lob be ba ostood

to take the bows. The wades. therefor•, for the jury to
decide woe, what was Um aisowat of dosages to which
the plaintiff was entitled ander the circumstances, he Davis(
lots all chance of letting the house daring a greeter put of
the emus, the defendant's istreement haviag broil altered
tato it the very time whin houses of that dtmtiption wore
mom at rt quit at Brightos.
Ike jury, leader his lordship.'" disunites, baud a ►erdMt
for the plaistiff—Damages TOL

COURT OF EXCHEQUER
_ _ *now DI BApos._

Lary v. 'PasKTim. Dracoorrixo.
Mr. E. Jews tamed for a rule calling on this del ndant to
s'iow cause why the verdict found for him, in this ease,
should not be set ride, and h new trial bad, upon she gy,utd
of naiodireetion, and certain foots disclosed by affidavits. It
was an Prim spas a bill of exchange for 2961., and the only
plea upoa tM record was " payment." At the ttial before
the Lord Chief Bann, at the beat amiss of Hertford, it ap-
peared the bill, which was at three months date, was drawn
by • person eased Baia upon and accepted by the deem.
dant, 11r. Murdo Young, and endorsed by Mr. Watley,
of the Strand, to Laurence Levy, the pl.istiff. The defen-
dant paid 1351 into court, sad demised his Lability further.
To prove the plea Mr. Woodsy, who had endorsed the bill
foe Young's accommodation, was sided. He stated that 12
monthly russets of 161. soh had been ends la liquids•
tian of the priadpaL The plalatill e tam, however,
was, that those payments had bass made act in
liquidation of the meant of the bill, but for 'wheaten*,
after It had become due. The plaintiff did not deny the
fact M the payments having been made, but be alleged they
were expressly wade tor bis forbearing toproesed against the
defendant. The maiedirectian was, that the learned judge
told the jury that 60 per amt. Interest bad been paid, and
that it was quite clear there wars two characters to such a
transaction, trimly, a knees sad a tool.
Sir F. Pollock, C.B.—Yes, I thought so at the trial, and
I am precisely Piths same opinion now, bat that observetion
was not a Miedirectiell.
Mr. James said his lordship was also good monk to my
the statement that any one would emasest to pay 60 per seat.
interest deist have been a jolts. That even if the witness
had proved the payment of 60 per cent., it was not impera-
tive upon the jury to believe such an usurious contract had
be n made, it was so preposterously outrageous and scot-
bitaat a rate of Immo* to maze. Hs (Ma learned couusal)
admitted it was a mitosis bargain for any man to peomias
to pay so large a rats a interest, but it ha entered into • cop
tram to do so it was now perfectly legal and he should take
the ocasequenose.
111r. Baron Alderson—But it is quits elms if one of the
parties was deserving of the name which my lord gave bins
at the trial, le would be • eery likely moon to -Margo 60
per cast. (Laughter.)
Mr. James then opened ohs affidavits, which stated that
the plaintiff was taken by surprise. Mr. Levy deposed that
though 60 per mat. might be considered an enormous rate
of interest, sack was the contrast entered sate by the de.
fondant.
Mr. Baron Alderson—The plaintiff begins by ramming
the supposition that be charged less than 60 per cant.
interest.
Mr. James said they were not then assembled th.re to din
ems the morality of the matter. It appearrd,howsver, that the
defendant's circumstances were soon that the plaintiff was
justified in Merging more than the ordloary amount of M-
utest. Mr. Weedily was also sued upon the bill. That
smite was referred. Mr. Young was examined baton the
arbitrator, who, notwithstaading, made an award against
Kr. Watley for the full amount claimed. Tiers was no
doubt, if there was a new trial, the wuses Wastloy would
a venture to repeat the statement that the payments in
question had b.ea made on account of the principal. The
contract clearly was that 161. a mouth should be paid as long
as the bill r. "mined over due.
Sir F. Pollock—Take a rule upon your affidavits only, and
upon payment of CAUL
Saunas V H4301E8 (CLERK). —SIDUCT1ON.
This war an scion Wrought to recover composamion is
dancles for the seduction or the plaintiff's daughter by the
defendant, • el Fryman at Easter. The facts were reported
in the Daily News .1 Friday last. The mart, after consult-
log Mr. Justice Williams, before whom the cause was tried,
granted a rule nisi for a new trial, on the ground that the
damages (1101) awarded were too high under all the Pram-
stanalts.

MAI Plum AT GelliMAIA,—BITOM 311Z. Ia Purr um •
LONDON COMMA JUPT.
301111.118 V. BLAND —PAll111321111P.
This was an 'anon to recover he sum el 300, , claimed by
she plaint (di. as bonus on &partnership agreement brain
b) the defendant. The defendant pl-eded that he did not
prowl... and in four oth, r pleas he alleged fraud and eosin,
that after making the agreement he did not get the stock,
thump, dbe , valued in reasonable time, that the plaint&
was not ready and willing to admit him to partnership on
the teem agreed upon and that he did not execute the
agreement. Mr. enekburn and Mr. Pitinn were for tie
pl intilY, and Mr. Crowder and Mr. Atherton for the do-
Pendant. .

The plaintiff, lose phs, who curie. on Wein= as a per-
fumer and lancy soap or,k-,r, in Budge-row, City, finding
tit business outgrow his capital, advertised for a partner
and the defendant Blar.d answered it. After consinerahle
acing Aloe it was sue ed that the de fondant should pay 3001.
a. a bonus bad bring 2000r. of eapital into the business;
3ivepb•e_ capita =misting 'drat, accrues, de., being taken
at 1 M. It wan ultimately agreed that the pannership
should commence on the late( December, and that the terms
of the ogre• want should as soon is poseible be reduced to
eddies. In the meantime the defendant went to the place
of bummers =speed ihe books, bought new broke, and
announced himself as a partner in the badness, and acted
upon the verbal agreement up to the 9.h Oa that day he
let , 211 Lag th.t his wife was ill, and on the 11th be sent his
fefber.in law, Mr. Dulling, an attorney to Mr Alleckett,
plaintifi's attorney, swing that be was disappointed
to find that the debts due by the pleintiff
. weeded thi Be owing to him. Mr. A'Beckett replied that
it wee. er.t tie fact, a. he had not crenited himself with 3001.
field in secured= Finally, tvw,ver, the defendant refused
to complete the partnership agreement, but offered to pay a
midel of the =pease of valuation, and to take the books
purchased off plaintiff's hands. Oh qtly after that the de-
fendant severed into pastnership with a rival perfumer
named Cleyt.v, who carried on husinees in the neigf boor
h end. Mr. A' Becket W24 examined at some lon.tb, but, as
he stated that the partnership was to endure fur a Linger
Ferried than a year,
file Lo. dship said this wa. • clear CMS within the statute,
and the plainad must be celled.
It VAN however, arranged that a verdict should be t.k-n
for the defendant on the first plea—the material ham, and
fur the plaintiff on the others —Verdict accordingly.

INSOLVENT DEBTORS' COURT.-SAympAy.
IN TNI MATTIS OP ROGIGIT RICHARD SCANTLIL-A
STRUGGLING ARTOIT:
..

This insolvent, an artist of some e-lebrity, was °pouted by
Mr. Banal, a carver and gilder. A batelar appeared in
person and Mr. Co the supported.
The butcher e mplsined that three days after the insolvent
petitioned under toe protection act, he got a leg of mutton
a. d rump steaks from him, and on the following day he
received a notice ss a creditor of the present applieetion.
Mr. Cooke—Well be is not discharged from the leg of
mutton. (A laugh.)
Mr. Commissioner Phillips—But is it proper conduct.
Will be pay for ?
Mr. Cake said the hatcher could sue the insolvent in a
noway court foe the debt incurred after the pets ion ; son
then asked, what is the amount of the leg of mutton am
rump steaks ? I'd pay the money.
The buteksr aid 81. 9a., and the learned counsel handed
the bumher the money.
Mr. Commissioner Phillips—It is very Femme conduct
of you, Mr. Cooke, to pay the mossy. You ham set a
piamdent to the bar.
Mr. &triad said the her bad great respect for Cooke's
pesetas. (Langbter.)
Mr. Commi stoner Phillips said he remembered Mr. Alley
ones paying 201. for four Ist.lore.
Mr. Banad opposed in person, and occupied some time.
Mr. C oke pleased for t insolvent that be was a strug-
gling arid, with a Lally, and much to be pitied.
Mr. 011Mai signor Phillips gave his opt, ion at some
1.bgth. He thought the insolvent had straggled with po-
verty earl Sekness for some time. Under all the eireura-
stances he thought the insolvent was mildest to his final
order. The 6 al order was accoldicgly granted.
IN 3a 110131re STIE0111.—BILL DISCoVNTI110.
This iaeolveot, a proctor's clerk, wee opposed by a bill dis
coaster, earned Cohen. On a 361. bill it was admitted that
atom 2W. hate been paid a'• interest," bat the insolvent de-
clared that it was es mach se 361. at the rate of " 60 per
mat." The disomt.ta stated his iatentioa to nth, from
tb• dieemating peolesslan," and the oonaniminner advised
him rather has Merge needy sws sail a rate of buena.
A day was named for the floral order.

THE POLICE COURT&
ILANSION-HOII8E.
A NARROW Becacm.—lava Smith, marches
a respectable Lou. in the aeighbourhocd of 3Li.kestreet,
es* sharcod aith haying severely wounded several little
b tis flinging from the tep of his employer's premise. •
won* jug. An ealuntion of Punch and Judy, alter having
play. d tlf before a timberless chiliren on L rd lelayor'uday,
to Cnialtruernw, in part of whisk stands the Mansion-
tome was removed to the sad of Milk street, where crowds
easecubl*d to ...joy the pafoessai-ee. In the midst of the
eince down eam- the lame jug In the midst of the specta-
tors. All s havice Ant dashed against • butcher's tray, it
went to pieces. On. of the Oren struck a little boy in the
throat, and int end • severe waned, the surgeon having de-
clared that if this misfile h<d struck t s enild • brie lower
.uoh • wound might have caused death. Ant.tht r boy was
roil more severely injured by s• coral pieces of the jug, whisk
wounded him in six osseous eliffernt places about the hes.
The defendant admitted 'hat he had gone to the top of the
!Ease for the purism of throwing water upon the atu.lenes
.f Mr. Piiners'e tenants. He bed Aug down the water,
unfortsumnly the jag b. ohs off at ,he ba*dle, and down
it went am.mgat the poor children. Be much Linen ed
the accident, bat the• it was a mere aceideia was eviden,
from the net that Ike handle remained in his hand.
Toe Lred 111-yor said he had no doubt as to the total ab.
seams of I .t neon to throw down so atrium's an article
amempt a crowd, but in throwing dews the wet., the de-
fenda.4 bad u.samittett an ill.gal wt, and was, cf a are,
"espons.bie for the smugness*s which hid untorsunately
yearned.
Tao Alf. admit was then ruined to attend is the course of
Best week.
GUILDHALL.
BILVTAL CONOTICt or A POLICZNAL—Mr. H. Faler,
of Princes-aquae, Kesseisauss., was charged with mouthing
Robert Cr w, policeeoestable 420. is the Greed os Ludgate
hill, as Lore Mayor's Day. It appeared that the policema