The Express.
London, England, 1851-04-26 00:00:00

-.., .
to its discretion and judgment. The Court Must, however, 11th section, the word pipet must be taken as redundant or o Mr. Ballantiue said h Pogoen instructed by tho gust-
tido. rare in all there pnns•eililni. that it did out e•eceedats a,,, explanatory of the word ni"inre that' is to 447, tnahio, or dims d the poor of St. to prosecute the carte. Ile
authority, not hating the power to grant a faculty which piper had well itudied the fart., as laid before him by the clerk
which serve the office of mains. That the 12th
might interfere with a legal right. In opporition to the ' to the guardian., and finding he could not with safety
rant, Mr. Nicoll had norm forward and alleged he was eection, which minions the conetruction of pipes, give* press the charge of rape, he should confine himself to that
on ikreO•ssiOn of a pew mole r the circumetanus stated directions touching all new " maim nr pipes" whether elan indecent assault.
in the pleadings. The 1, armed aolvoeste. fur the Vitae each new ...main of pipes "skull ea shall not be added to I The prenecutrix was then calla and sworn. Ifer sickly
and ehurehwardens hail remarked that a title of this de- any nth I' .‘ mains of pipes " and prescribes that the pave- and childish mete:trance OOCALSiOIIe4 much sensation'. She
eeription read not be .et up by totem petitiou, but Ile ilk.- mu repeated the extramolinary stateineut affecting the prisoner,
t shall not be broken up in December, January, or '
learned judge.) knew no totthority for such • propordtton, • '
main I
as previously given in our journal. ^, 1
an.l the ,curl certitinlv could not oliemise Mr. Nieoll's CV& February, for the purpose of laying down any new " main I Mr. litioldleetone severely emu-examined the witness, '
on the mound that he: should have proceeded by plea am( of pipes," and that, therefore, the word or in the Ilth but nothing was elicited to shake her testimony in chief. llt
St.
proof. V pon a review of the whisks matter, the court nom section is probably a misprint for of; a suggestion which Some further evidence was given, at the conclusion of s„
of opinion that a prima facie• e ise heal been made out, the - might have been verified be inspecting the ratio( parliament. which Mr. Ballantine requested a remand. are
pro.ii of 1,•.., pass,-,sion, OCull,xation, and rt•pairs being tom- Mr. Comic. assented, and agreed to take respretellole bail :,,,
And lastly,
piety, and therefore the court, whatever might he its inh-I, for the prisoner's appearance on a future day, when the de- • is
patent- -and ht, (Dr. latshington) very candidly confessed who, on a sadden, may have need of a service pipe to light positions would he fully completed, and he should decide
if he could have over-ruloal Mr. Nicoll'. prayer he would their premises, should not wait three days foe the consent ~ an the course he should take. For the present he should • 4..8
have done it -welt compelled to grata the prayer of the Pe- of the commissioners, the legislature could only have refrain from making any remark to prejudice Mr. Eaton or .23
titioner, anol pronounce that if this faculty issue, Mr. Nicollany one else, and until the end, it was only fair that the
, employed the word ti in the 11th section to
must be protected by • modal clause.prisoner should stand well with the public. 2S
11r. Tar. mid Ids instruo tiolls were to oak for costs. mean! enmething in the nature of a main pipe. Mr. Iluddlestone trusted the public would suspend its 23
The lA•anuel Judge grauted the application; the court • The argument from public convenience cuts both ways ; for . judgment. Id
having no. discretionary power to refuse it. litis as least as inconvenient that a highway should he un- I Mr. Ballantine hoped that every exertion would be. made t,tt.•• •
• ,to trace the woman who it was said saw Mr. Eaton and the le •
COUItT OF BANKItUPTCY.—IESTERDAY. seasonably blocked up, as that an indivi
dual should watt
I girl go off in scab, the driver of which ought also to be tit.
heroes Ma. Cannll.4o,als Vann. I three days for light. And it seems &dangerous principle forthcomino, as well ae the brothel-keeper. la
lit itc A/Melissa Val Edifitito. ,J of construction to narrow the plain and obvious meaning of Mr. Combo concurred and gave instructions to Mr. ,Nl'Cul- 021
Abraham Friedeberg. descrihed as an importer and a word embracing many particulars, by conjectures drawn lock of the S division to obtain that moot material evidence gi,
farrier, lloundaliteli, applied for his certificate. lie owed • if possible.
from the use of the same word in company with different *t
inf.. besides 468 i. of liabilithi ; assets, about 101 f. The The further investigation was then adjourned, and the i;
adjunct., On the other hand, • careful analysis of the
profit. were KV.; loiim's, 1.14 AN. ; trade expenses, 213:4. • accused was bailed. XI
boneekte-ping, ditto., sjli. ' whole of the 11th section rather kails to the inference that, Some hundreds of persons were about the court during let
Mr. Banded', for the assitmeei, dill not offer any opposi- , with reference to the consent of the commissioners of pave- the inquiry. et.
ea
thou, hut 'tato dthat some goods which the bankrupt had menu, the distinction was intended nut between main and -- -- —--
renewed hael afterwards lain brought back. service pipes, long and short, wide and narrow pipes, but
Mr. Tabour, a enaliti,r, "merest ill nerem, alleging that
the assignee, Mr. Worms, was leirway to the 1,,,,,erui,,t ~1, between new pipes to be laid down and pipes already laid
that the bankrupt bad kt pt insperfect books and that I down, for the purpose of altering, repairing, ofeubstitutieg.
there were au aewts. Ile was now carrying on bushiest as I the companies may break up pavements without consent,
usual. Just pros ions too his bankruptcy he had, at least, whether the pipe to be repaired be main or service pipe ;
6001. worth of stock, groat part ul which had been for the purpose of laying down "any new mains or pipes,"
ft•MOSO•4I.
Mr. Itoinolall mid the assignees were satisfied that the that is, any new pipes whatever, they must begin with ob-
greeds hail Is. Is hrouszlit Lao Is. taming the cono.nt of the commissioners. There is, how-
Mr. tt hit ..... re, oho +Meld .essignee, mid the bankrupt's ever, such a wantof precisionatid consistency in the language
explanation w.,., that the property hail been removed of tht tie* that I find it ' •hl to to .t• f -
~ impoom e come any et is ae
withnut his Mt...lecke .ley the inetrumentality of hi, wife.
tory deeieion ; and my difficulty is increased by the judg-
The ,rah took lee hotel kept wen a day-book.
Thi bankrupt said the is sum of the goods !Kiwi re- unlit prinounri il on a form. r "evasion by my colleague. on
moved some, that an elerallion was Old anaattst him, which this lamoli after a careful , eamination of the whole subject.
be considered to be illegal. Ills wife gave order, fur the The, reunite given by hint for that judgment arc entitled to
removal of the goods, but be never knew where they west much • 1 • lit would be astrong step to •
am-
hi. A Man
hotello them hark. When he found the "'n" rrutunt' IR'
poods wen gone went to Mr. Itandall, who had ailed pine a penalty on the defendants who, foe eight years, have
as the motto v against bins 1,, a iiiit hy Mr. Worm. or been acting on that decision. The question is one of such
Mr. llama lle now tow s 1 Worms Bid. for loin,. die- nicety, and as between two great public bodies, of such Un-
counted ; did am know th d he had been hunkrupt. portance that it seems seareely decorous to rat the settle-
Mr. Palmer mid the Isar rope's pn,nds... hail been closed
meat of it us the opinion of • single police magistrate.
on his failure, anal then was put on the door '• Closed dues
ing alt. rations." 'I hose alteration." csinsisting in rubbing It can only he satisfactorily net at rest by one of the tape-
the creoldors. (Laughs. e ) nor courts at Wertminster ; and if the defend unta will eon- ,
Mr, lowranete ell. non watt d a creditor, add he had cur with the compLainante too take steps for obtaining a de- '
not give n wake of app -dim', be lirtiwz that the result eisions in that tetarters j. will suspend my judgment on this
would out lc worth the rap. no, In the allsente of hooks,
until such decision shall lave been obtained ; if
it was oin II to the tmokrupt to, expand or contract his pro- someone
not, shall proceed to cone ice in the smallest penalty that
Ste as 1111 111 o ut his loolsoosasheet.
Me II mid it appeareol doubtful whether the whole will suffice to raise the queetioa.
of the property had Is en Ittought back ; hoot-ear, then. It will be seen, tie refine., that the question will, in all
was no moot that .1 011 was tisiseing. lie had not re- probability, be settle) by uneafellte supreme courts.
move.' the ample to, defraud hie enditre, but rather to
benefit them, by pa %entice what he non-Wend au illegal •SIANSION-110CSE.
mmertion. That rharm . therefore, might lie put aside. Solomon llynots and Soon/. 1 loons and l'hilip Lyons,
M. was certainly OM eolith .I to more than An ordinary COT- who over: some days ago charged with haying been found
titivate. The asee.ts had only produn il litif. It seemed in poesses•ion of a quantity of silk., which were stolen front
alfange that a stuck of lons should not have pmdured more the premises of Mr. Attenlairough, pea nbruker, of tkown-
than .1.11. street, Fiusbury, and ,Otite other goods beloemine to an-
Mr. Mandell mid the .lock had been sold ,hy auction, by other party, were brought op for final examinaf . Mr.
?10-or.. Ventom and Hughes. Ilumplirt•ys appeared for tan presecution, Mr. tlarksou,
'I he bankrupt earl the sale took place on the same day as instructed by Mr. Vote., for the prisoner Philip Lyon*, mid
the govt sale of the 11m1...a hay l'oollpally•4, nod We eon. Mr. Wolltiler for the other two prisoners. The justice
losinettes• was not a entitle tinnier was there, and goods mom was crowded durilez the investigation.
worth a pound went for Is. Mr. Iluntiohreys said he had determined, with the appro-
The l'intions-inner—What wan the value of your stock at batioon of his lordship, to consent to the discharge of Philip
the end of any year ? Lyons and his wife, and to examine themes wituesastis agaiast
Mr. Low rant e raid, he his own statement in the balance- Sol 'teem' and Sarah 'IP"'
sheet, his stock was worth :OW. in 1817, nearly double this lordship having executed to the proposition of Mr.
what it Was n•pn-.enteel too lie at the hankruptey. Ilumplireys, Philip Lyme" woo. removed from the bar.
Ili. 11 ...... ur said it was very unsatisCietory that the ete.. The billowing is a summary of the additional evidence '
dd...., bail not 111 ale loroper inquiries at an earlier period. in the cay• . i
They noght have bn,ualet s• ono- in the habit of visiting ( atharme Lynn. said Mrs. Ilyams came on the lelth inst.
the shop too state tau- potable aniount of stock. Whatever to our house, I she told me she bad hall words with her
fraud he bad rOl ..... ittell, it CoLII4II not now he brought home husband, and she wislool to sleep in our place. I ad,ised
to him. Ili. hooks were very imp. rfeet,lnit that of itself was her to got home, but she :sent she never would, and
wit et idence of fraud. par; Widow!) where a man had Ina% went away, but returned shortly afterward.. with what tips
carry ing on business for 21 year, On the whole, he could "cared to Me to tk• a led. She left it there, but did not
not ecruw him a cutionon e, ttilicate. corn,- to, sleep. Next night, Ward, the °Meer, came and
opt tied the bundle, the contents ~f which I bad never seen
INSOLVENT 111,.11TilltS' CIICILT--tiEiTERDAT. before, tool 1 PAW it contained silks. My eyes got quite
The three courts mammal the sittings idler the Easter dint at the sight. My huebautl, who knew nothing about
recess. the 'motile at all, was present when the Mince came. I
fainted alien I was told I woes to lOC taken to lorieon.
l'hilip Joyous—My wife had never said to me that 'Mrs.
Ilytetus hail left a bed, and I never saw the bundle until the
Anal' came and end he wanted some stolen "coml., and L
Macre, dit pulled from ler the bed. 1 went them, with
the officer to Mr. Ilyanie'a house, and heard Ilyanis claim
the property as his.
I 'yams said the whole wag an untruth, and that he should
roots,- his olefenee.
Mrs. Ilytuits—lll reserve my defence, too, as I under-
stand its Ito Use to say uttythiug here ; but 1 say the state-
mesitt is false.
The second ease against Solomon Ilyams and MS Wife was ,
the charge of having twei, in po.session of lice coats, which
had been stolen from the shop ot:tlessri. Il.and J. Baldwin,
of l'gatihill.
N tied, the officer, mid that when he went to Ilyams'
honey about the robbery committed at Mr. Atte.nhorouith's,
lie billowed Mr,. Hymns up stairs, and found, in a room
there, thrm pieces of cloth which had not been, as yet, iden-
tified, and five roan. *heat were swum to as having been
'Aoki' trout abeam. Bahia in's premises.
"'he Lord. Mayor declared his intention to commit both

WINDING-UP OF JOINT STOCK COMPANIES. I Fla

hit Err FAST .tND WEST CO.tsi J v N
RAlLWAT.—Yelterday there WWI a meeting of the partied ot•
interested in this company's affairs, to call upon his et.
Honour Master linter to review a report in which he 23
had come to the conclusion that the order to wind up the
company would not have been made if the facts had been Ist
presented to the Vice-Chancellor, and that he ought not to so
proceed without further direction from the court. Mr. W. o
Galsworthy, on behalf or the shareholders, :old of Mr. Jay, IS
the interim manager, represented to the Master that the WILI
report in question proceeded on a misapprehension of the ist
real facts of the case. It stated that there were no debts, ss
' the fact being that, although creditors had not vet been yiL;
called in, claims of 2,0041. had already been lodgea by Sir 25
John Rennie and Mr. Remington, the joint engineers; and if
by Dr. Shelton Mackenzie, secretary, fur 6001. The direc-
tors received 19,0001. on deposits, upwards of 9,0001. ISlts
of which they handed over to the Derbyshire, Staf301
-
fordshire, and Worcestenthire Railway, with which 50
they " amalgamated," without, it is alleged, the at.
MOM at of the shareholders, only a few holding about 3,000
share% taking scrip in the latter company. One of the oh- "
kets of the winding up was to call on the ilirettors, Lord
Barrington, Sir W. Wynn, Major Croft, (el. Elrington, At;
Major Waller, Alderman Hughes, Mr. Joseph Clark, Mr. 1,5
D. Johnson, and others, to account fur this proceeding. 13
There were deeds constituting a company in the form of n 13(
parliamentary contract and suMeriber's agreement, and an tilt;
affidavit had been made by Mr. M•Gregor, solicitor, that
there were additional debts due. The case, ho submitted,
contained all the elements neeessary to bring it under the 131,
operation of the act. Messrs. Cox and Son, who uppeared M
fix Mr. Flight, a holder of KIM shares : and Messrs. Paul
for Mr. %%cher and other shamholiteni, supported the up-
Oration. Mr. Selwyn, with Messrs. Frvildielil, on behalf at.l
of sir J. Rennie and Mr. Remington, in a long address, to
followed, contending that the Winding-up Act presented to
the only method and machinery for settling these vexed tJ
questions of joint stock liability and embarrassment. His
Honour said the statement he had heard seemed to present u 5,5
new view of the case, and that he would give a formal di- 20
cisiim in a day or two. 10 1
CHELTENHAM, ONFORD, AND BRIGHTON JUNC-
TION RAlLwAv.—Yestcrday his Honour Ma-ter Ilumpliry 'g*
was occupied from eleven to four, ,o'clork in settling the 25
list of pnxisional committees, a large numlwr of NO he at.
struck off. the official manager, Mr. Goodchap, not being in
possession of conclusive evidence. Mr. Broughall, the se-
cretary, sad exar tt itt ed, and the ease of Captain Amos, of 30
Plymouth, was adjourned for further evidence to this
day. 301
13trEDJAL SALT AND ALKALI COMPANY.—Yester-
day the first inciting to settle the list of contributories lal
brought in by Mr. Turquand, the official manager, fur
whom Mr, C. L. Webb appeared us counsel, was held
fore Master 'honey. The liabilities are alleged to amount
Wade short of 100.000 f., but a very large proportion of
them are disputed, mid it is stated that the Company's pro-
pene and plant at Stokewitch, near Worcester, will realise
comiderable assets. A few east were settled.

BISVOIRII Tat CoRVIRRIP OMR.
N RE F. 1.12 %SEIM FLIEEVAN.—AN PETITIONER.
'llll4 insolvent, an old woman of •• syventy-six,"
(11110111.11 lo Mr. Cooke fur a creditor named Koper. Mr.
Nichols sum...rue'.
The insole, et had kept u Isokee* shop, the said, all her
life., iu laoinloard-steel, Chelsea. Site was burn in the
house, and had deposit4.4l the lease of the same with her
sister, a MT.. Sullarrlusall, for 'Mt, money advanced. It
was stated, in evidence, that the business was worth a
large tom ; and the opposing creditor stated that any one
would give :SW, for it.
The insolvents sister was called to prove the advance of
the t, and from the oddity "( her manner afforded a
good deal of amusement in the court.
The case wasdju
aorned tor further evidence.
MOW.. LAW
Iv
ILV. WALLIS Lint SCHINDEL&
In this rave, in *Will the debts were emesiderable, and
principally socun.4l by mortgages, the schedule was
lost in
illy °Him of the court or stolen. An application was made
to the learned Commissioner, and he examined the insolvent
from the draft Mlollult. and required a fresh schedule to be
engfr" 01, which it was stated would come to about U., and
then the insolvent would Is. discharged. At present, there
being no schedule-, his ills-ration could not be granted.
no". Ms. I.l.l.Lurs.
Ix me CIINIO.E, II ENKE PAYNE. A Luau
IMIMIRONMENT.
This insolvent, who had been a etommiseioner of bank-
mote ut Bristol, was opposed by Mr. Cooke, for two cre-
ditor, Ile defended him" If.
It appeared that the insolvent hail been in priaan from
Noveiniorr, Islli. A permon had obtained a vesting order,
and an 6ossignie hail lase appointed. Payne hail at
length tiled his schedule, mid "bird' • were now raised to
*MR: portions of the ‘AtUt• which he declared to be correct.
The principal point in the into was respecting the insol-
vent's annuity. of 1991., by the order of the Lord Chancel-
lor, as a volumes...inner of hinkrupu On the office being
nlalisbsl The assignee moiler the estate claimed the
looney. anti View-Chancellor Knight Bruce was of opinion
that it 'ousted to the creditors. lie, however, directed a
caw torteh opinion of the Court of Exchequer, and that court
gA,e a similar to'. ' . The Lord Chancellor had refused
to gist. a fresh certificate, and the Lord* of the Treasury
would not interfere. It was svecesoxery to obtain an affida-
vit from the insolvent before the annuity could hr paid, and I
he refused to give the same. On losing asked in court
whether he would give the required athdasit,he gave a posi-
tive refusal.
Mr. Cooke ;Asked the court not to discharge the insolvent
until he gave the Aid:Leh' It transplrell that the insol-
vent had lodged an appeal to the. Lord Chancellor, sad said
be believed it would be derided ia his favour.
Mr. Commissioner Phillips said that as the matter was
still sub joshes.. lie could not call upon the insolvent to give
the required 4;tli4lavit. The gentleman lecture him had
been a e, ry long time in 'orison, and, in his opinion, he was
entitled to his discharge.
The insolvent was areorolingly discharged.

TILE POLICE COURTS.
MAR1.1101t01:011-STItEET.
The •UMMOII, obtained by the rortuunoioners for paving
the uariM of St. James. Wtstminster, againq the
Equitable
Ga. Com re
pany for baking up pavement wai decided by
Mr. Bingham on Thucohly, and as the point involved,
—namely. the right of ga, companies to lay down any new
pipe. without the consul of the local authorities,—ls one of
very at instant:tore with reference to the whole of the
tnetroptgis within the operation of Michael Angelo Taylor's
Art. we arc glad to be able to give the magistrate's deei,ion

verbatim.
Mr. Bingham said—The statute 5 Vic. Seas 2. c.
seri. 154, 21)5, empowers the Equitable Gas Company, sub-
ject to the rights. powers or provisions, of the General
Paving Act, .17 Geo. 111., e. 29, to lay down or alter " such
pipes— WI may be necessary for lighting with gas certain ,
parish.. in the City of Westminster. The General l'aving
Act, 0. 11, enacts that no gas company shall break up the
pavement of any street " for the purpose of laying down
any new mains or pipes.. without the consent of the cons-
missioners of the invemints. and three days' notice to their !
surveyor before such pavement shall be broken up. But,
under that section, any gas or water company may, with-
out such consent, break up the pavement " for the purpose
of altering the position of or repairing any pipes, or of
substituting iron for wooden mains or pipes," provided
notice be given to the surveyor within twelve hours after
such isonpany shall begin to break up the pavement. The
Equitable Gm Company has recently broken up the pave-
ment, without the consent of the commissioners, for the
purpose of laying down a service pipe from the main, in
Coventry-street, to a single house situated at a considerable
distance up another street. and, being summoned to the
police court fur the penalty imposed by the General Pave-
meat Aet for every square foot of pavement broken without
the consent of the commissioners, contends that the penalty
is applicable only to the laying down of mains without eon-
out, and does not apply to service pipes. That though it
cannot he said that a rievice pip: is not a pipe, yet that
the word pipe is employed in the General Pavement Act
sometimes in a wide, sometimes in a narrow sense, and that
the particular meaning intended in each instance must be
deduced from a careful examination of the whole of the
contest. That in the expression" mains or pipes" in the

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