The Express.
London, England, 1849-06-06 00:00:00

LAW INTELLIGENCE.

COURT OF QUERN'S BENCH.-YESTERDAT•

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&TRIMS EP ilurco.—Bawer Loan DamAs. ML Juvrsom PArtssos,
ML Jvirsca °mamas, AID Kr. Armco Ems.

Tex Queen V. Fnancts Wye?? DYER. Optics or
HIGH BAILIFF TO TILE KIDDIRMINSTEIL COMITY CoOKT.
In this case a quo warrant* had been obtained on behalf
of a Mr. Merrifie:tt, who bad held the office of beadle to the
old Court of Bequests bell tor the district of Kidderminster,
in Worcestershire, collies on Francis Wyatt Dyer, Esq , to
show by what authority he held the office of hails bailiff to
the new County Court held for that disuriet. The office of
beadle to Court of Requests was similar in its nature and in
its ditties to Vat of high bailiff to the new County Court.
The ground upon which the rule had bran obtained
was that, u it was provided by the 34th station of the
new Colley Courts Act that the same party who had held
the office of be LH or beadle to the old local courts should be
made high bailiff to the new county courts, Mr. Merrifield
ought to have bean appointed instead of Mr. Dyer. Mr.
Hugh Hill now ghosted cause egainat the rule, and coot, mud
that, inasmuch as by the order in council, dated the 13th of
March, 1847, the old Court of Requests was abolished, the
office held by Mr. Merrifield erased to *Kist, and he had
therefore no right to seek to deprive Mr. Dyer of an arpoint-
meat which had been costarred upon him by the judge of
the now county court of Worcester, amording to the provi-
sions of the Couuty Court Act. The order in council for este•
blishing the saw county courts was dated the 15th of March,
1847, and it was under that order that the courts had been
created and the officers appointed, and such appointments
were therefore good. inasmuch as by the let section of the
new County Courts Act her Majesty bad the power to direct
the old courts to be abolished and the new ones to be
formed. The proper course for Mr. Merrifield to have per.
sued would have been to have applied for compensation for
the abolition of his office, which be had the power of doing
under the 38th seet;on of the new County Courts Act.
Sir F. Kelly, in support of the rule, contended that her
Majesty had no power to make an order in council for the
purpose of directly abolishing the old local courts, but that
the orders in council of the 13th and the 13th of Much, 1847,
amounted to an alteration of the old courts into new
miss is accordance with the meaning and spirit of the new
County Courts Act. The intention of the legislature was
that the same parties who had held offices in the old courts
shluld be appointed to offices in the substituted courts. The
34 section was plain upon that point, for it expressly stated
that the judge should appoint bailiffs of the original courts
to be high bailiff in the new ones. The learned counsel,
after Memel/ to various sections in the new County Courts
Act, concluded by submitting that the rule ought to bowed*
absolute.
The court took time to consider their judgment.

PREROGATIVE COURT.—YESTERDAY.
Berms eta Hum= JINN= Etre.
MINS! HALL, DECIASED.—A WILL BURNT NAT BR
SWORN TO.
The testator in this case made a will dated April, 1844,
duly executed, which he left in the hands of kis solicitor.
He died on 27th October, 184.5, and soon alter his death the
will wa, produced, *herein his wife was made executrix and
I universal legatee, but the testator dying insolvent, she did
not prove the will. In 1848 the solicitor of the
testator burnt the will with other papers, considering
at that period it was of no worth ; but since then the testa-
tor's estate had become possessed of 5001. The widow now
applied to the court for prohato opens the will of the testator
according to its spirit when it existed. Dr. Jeanie was heard
on the part of the executrix.
The court had no objection to grant the probate, upon the
affidavits of the witnesses testifyiog to its due 'imam.

COURT OF BANKRUPTCY.—YEsTraDAL
Bayou Ma. Coxswain= EvAns.
BE SWANN AND CO.
John, Charles, anti Henry Swims', paper-makers, of Ere-
sham and Wolvercote, Kent, applied t'or their certificates.
The application was suppor.ed by Mr. Lowrance, and op-
posed by Mr. H. James, for the wigneve, principally on the
ground of the bankrupts having assigned a farm to their
brother. Mr. B. B. Swan°, in 1847, when it was contended
they must have known they were insolvent.
The fasts of the else have frequently been before the pub-
he. The bankrup s had succeeded to the business of their
father, supposing it to be a flourishing one, and, after carry-
ing it on some years, found themselves in a state of ioni-
sing.
After hearing the arguments, his Honour said he could
not take upon himself to decide whether the assignment io
question was a frawiulent preference without going carefully
through the examinations. Judgment would therefore be
deterred.
Byrom Ma. COMIDSIONER 110LROTD.
SUSPENSION OF CERTIFICATE.
The application of R: Wynne, grocer, of Brentford, for
his certificate, was opposed by the silicitor to the fiat, on the
ground that the bankrupt had not given np the whole of his
property to the assignees.
His Honour suspended the certificate for nine months,
with a refusal of protection for six months.

WI., held for 91 years, at 171.-9501. Earlswood Cottage,
t for 701., held for 91 years, at 171.-8.50. Kendall Cottage,
let foe 761, held for 91 years, at 171-8401. Howe and gar.
den, let for 801., hold far 89 years, at 171. 10s.-9401.
Fa-
mily 7 residence, let for 751, held for 89 years, at 171. 101.-
87W. Suffolk-house, with gardens, stabling, ike., with pos•
sesiion, bold fir 89 years, at 301.-1,8601. Dwelling home,
let tor 561. 17s 6d , held for 59 yeare, at 171. 10r.-7201.
Clarence Cottage, let for 661, held for 91 lean, at 171.-6801.
Upton Cottage, lat for M. per yet.ar held for 91 years, at 171.
—6BOl. Chiseler Cottage, let 0. held for 91 years, at
11 —6OOl. Nottingham Cottage, let for 701., held for 91
ears, at 171.-5001. Ormsby Cottage, let foe 761., held for
90 years, at 171. 10s.-8401.
Mr. Marten, at the Mart.—Freehold and goodwill of the
Gloucester Iron and Brut Foundry, Westgate. treat, Glatt-
, ester, machinery, fixtures and stock at a valuation—knocked
down at 3,1801
Two freehold houses, Pitville.lawn, Cheltenham, estimated
annual value 1841.—in I,u 2,6601.
Freehold residence, 1, Priory-buildings, Cheltenham, esti-
mated value 1001. per annum-1,2001.
Freehold estate, called Livens Green Farm, H rtford.
shire, comprising residence and 675 acres of land, let for 901.
1,9001.
Freehold estate, called Keaton Lodge. Bromley, comprising
cottage residence, outbuildings, and 6 acres of land-1,6601.
Two freehold villa residences, Windmill-street, Gravesend,
estimated value. 1701. per annum—in lots 3,4001.
Two acres of freehold building land, with buildings
thereon, at k wise:ray, Kent, producing 621. 16e. per annum
, —7401.

Birmingham, entravers —M. PeSett & W. Klee. Brightonethe
dunes— K. Roberts & J. H. Jones, Liverpool, dnipew.--W. &um
T. lt•indell, Tywardrath, Cornwell, dreFen, 'S. Smith H. Slurp
ley. IdeeCesSeld, silk nasnufseturety—W. Swift ft J. Swift, iis,fam,
noendrepere—C. H. Terry & It Appleton, Aylesbury, ,toseo,,,
H, Tripp &J. W. D. Loekwond. Castle et, Illrebio.lane, City,
-
beolsess—T. Tema, Sarah Hickson n, & A. Davies, ers, t0n,31.p1:
:
andaberebasts—J. S. Wardell & T. L. Wardell, Three Goblet.,
hoess—J. & W. Winfanse, Pellisell, °Man 011glize, !lewd
annekeeDfX4