The Express.
London, England, 1848-05-01 00:00:00

THE EXPRESS, MONDAY EVENING, MAY 1, 1848,

all the goods supplied to the workmen respectively. The
defendant denied that le bad aver given the plaintiff any
order, and, In his affidavit, alleged that if he had given an
order be was not primarily liable, but only as a guarantee ;
and that hie orders, if any, were not in writing. For the
purposes of the decision upon the Freest motion thole
eircumstancies were wholly immaterial, the inquiry being
whether, on the assumption that the defendant was liable,
the county court had jurisdiction. That question depended
altogether on the construotion of the Small Debts Mt (9th
and 10th Vic., o. 93), and especially on the G3rd section. At
common law °aunty courts held a plea of debt or damage to
the value of 40s. or above, but if an entire contract or debt
of 40e. or upwards was severed into mans below 404. a pro-
hibition was granted. And without saying that the debt
smile on the entire contract, it was laid down,
" That if a man owe another five marks, and he
issued several plaints for the same in the county court,
or any other court (thereby meaning the hundred court or
courtbaron) against the debtor, he should have a pmhihition
therefore, and rehearse the matter, for otherwise the King's
court would be defrauded of its jurisdiction." That doctrine
was applied to contracts made at different times between the
same persons for several sums, each less than 40e., but in the
aggregate amounting to more. It was held where different
parcels of malt had been sold at several times the plaintiff
should have joined them all in one action, and sued in the
superior courts, and not expose the defendant to unnecessary
vexation. It was clear that no one could split a debt into
several sums to give jurisdiction to an inferior court. The
extent to which that vexation might be carried might be
illustrated by the present case. There were 3,000 tickets;
and consequently, if it was possible to split actions in the
manner contended for, there might be 3,000 actions for the
recovery of the different item, if the sale and delivery of
each constituted a separate contract, or " muse of action."
In the case of a running account with a tradesman the items
were connected, but each order was usually given with the
understanding that if not paid until after others had been
given they were to form part of the whole bill and be one
debt. Looking to the precise terms of the 63.1 section of the
Smell Debts Act, the court felt they might safely conclude
the. the term " cause of action" ought to he interpreted
"cause of one action," and not be limited to an action on
"one separate contract." But, on the other hand, if the
term was to comprise all sums that might be included in one
count fur debt, for work and labour, and for goods sold, the
total, if connected with each other, might be included in one
count, ri.d would ho precluded from being divided under this
section of the 'hoots. If indivisible, the creditor who
brought an actiou for only one part would virtually Allan,
dos all claim to the remainder, by the terms of the 6.3 d sec-
tion. It was manifest that a great deal of in-
convenience would be occasioned if the term "cause
of action" were interpreted to mean every separate contract,
or that it should be suffered to include all contracts, however
dissimilar M character, that could be included in one inde-
bitatus count. The court thought that they ought to hold
that the 63rd section applied to the cases of tradesmen's
hills in which one item was connected with another—in
this sense that those dealings were not intended to terminate
with a separate contract as to each order, but to be confirm-
oue, so that one item, if nut paid, should be united to the
others, and en form one demand. If that demand exceeded
201. it would of course cease to fall within the jurisdiction of
the County Courts Act; and therefore the court were of
opinion, on the facts dieclos,d by the affidavits in this case,
that all the debts claimed by the plaintiff tell within that
description ; that the total amount of his demand exceeded
201.; and that he was not legally justified in splitting i r
t into
ci fferent sums, so as to bring different suits fothe
recovery of each item. If the total had amounted
only to 201., sod that the items had been separated and
sued for by separate plaints—the total being within the juris-
diction of the county court, which could then have given
relief—a question might arise whether these suits could tie
prohibited ; but under the circumstances of the present case
it was not necessary to discuss that question. litre the total
demand exceeded 201. ; the county courts had consequently
no jurisdiction; and this court were therefore of opinion th.ihe
t
the prohibition applied for by the rule ought to go.—T
rule for the prohibition was made absolute accordingly.

PREROGATIVE COURT.
Berme Str Herbert renom Nust.
BARTON AND SLAVIN o. H•INU.—Tale wu a Cu. MO-
WN to the validity of the will of Mr. Joeeph Bayley Haynes,
promoted at the suit of the son of the testator. The court
having heard the allegations in the cause, adjourned to a
future day.

COURT OF 13ANKRUPTC4.
Before Mr. Commissioner Fontgamue.
818 PENSION or CSILTIVICATI.—The certificate of 0.
Graves, chetsemonger, of Norton Folntim, was opposed by
Mr. Cooke, on behalf of the 'winner, on the ground of reck-
less trading, and contracting debts without the probability of
paying them. During about 16 months the bankrupt's
whole profits had only been 191. Os. Ild., though his dealings
had been to the extent of 11,0001. II is debts upsbities
were 1,6881. ; probable assets, 4801. Ilia tradeexpense bad
been 3082, and his personal expenses 3231., while his losses ,
were put down at 0.571., his bad debts at 1081., and doubtful
5371. In examination the bsnarupt said ha began business
in August, 1846, with a capital of 4001. He had been trod.
ing at • loss during the whole time. Shortly before his I
bankruptcy he had obtained about 1301. worth of goods from
Messrs. Sloane, and shout 801. worth from Mr. Lovell. He
owed 7201. to Miss FotherniU, his sister-in-law, to whom
he bad assigned the lease of his premises ; but
this lease was voidable by hie bankruptcy. lie
also held some bonds, and the household furniture which had
belonged to his wife.—Counsel for the bankrupt contended
that the goods bought by the bankrupt ahortly.betore he
stopped were taken in the ordinary course of business, and
when he had no idea of bankruptcy.—The Commissioner,
while absolving the bankru:t from intentional fraud, and
approving of the regular manner in which tP. bad kept his
books, thought he had been guilty of improvident trading;
he must have known from the first that be was making
l r e
iex
tremely little profit, and he ought to have stopped ear,
and thereby prevented the large depreciation which had
taken place in the value of his stock. His last tiansactions
with Sloane and Ce., and with Lovett, were unjustifiable.
His expenses were certainly not very large, but, on the
ground of his having carried on business longer than he
ought, the certificate must be suspended for three months
from the passing of the last examination.— Protection

granted.
Before Mr. Commissioner Fan..
TN& "SATIRIST " NZWIIPAPta.—A. Carroll, jun., de.
scribed u " newspaper proprietor, of the Strand," came up
for his last examination. 'The balance-sheet, which ex-
tended from 9th November, 1846, to 12th August last,
showed debts and liabilities to the amount of 2,7901. His
profits were estimated at 6311. • and on the same side of the
account appeared an item of 6001. as a gift from the creditor.
under • former insolvency, and a gift from his mother of
5311. The good and doubtful debts were put down at 321.;
losses, 1851.; and the copyright of the Satiriat was esti-
mated at 8001., being the sum which the bankrupt had
5.% paid
for it. Another item appearing as 'met, was one of 1.,
arising out of some estate. in Ireland, but this was claimed
by the provisional assignee under his insolvency.—Atter a
short examination, the Commissioner said he was decidedly
opposed to the practi of bankrupts entering large sumo on
the credit side of their balance-sheet, and leading the cre-
ditors to suppose that there would be 5001. or 6001 to divide
amongst them, when it was quite certain there would not
be so many farthings. He should certainly not pose these
accounts in their present form. The item of 5501. claimed
by the assignee under the inselvency must be
beetru cock out.
Then there was an item of 8001. put down ascopyright
of the Satirist, which he suspected would turn out to be
worth nothing at an.—Mr. Duncan said the bankrupt had
kept on the Satirist as long as p risible fey the benefit of his
creilitors.—The Commissioner said these two items must be
struck out, and, with these alterations, the bankrupt might
be allowed to pass his examination.

INSOLVENT DEBTORS' COURT.
IN RE Gnomon Ito9/4.—MUIL-AT-LAW SOCIETY.—This
insolvent, who described himself as manager of the Heir-at- '
Law Society, applied under the Protection Act. The case
was before the court a short time beck, when the petition
was dismissed on account of a misdescription. The insolvent
had tiled a new petition, and again appeared.—One of the
complainants in person, J. Macdonald, said he had give is
n
the insolvent 71. 4s. 6d., and some " papers " respecting h
interest. Ile was anxious to have the papers back.—The
insolvent stated that the "case " of Macdonald had been
laid before counsel, and two opinions taken.—The " papera"
requested by Macdonald were handed to him in court, and
on the insolvent being asked what had become of the money,
he said there were tees to counsel, and instructions given to
draw a bill in equity.—The other creditor said the insolvent
had got a good deal of money and did a very little business.
—Chief Commissioner • That I have no doubt about.—The
Court appointed the 25th of May for the consideration of
the final order.
-----.-----.—_

POLICE.—SATuaDAT.
WORSHIP-STREET.—A YOUTHFUL BUROLAIL—J.
Marlin, 17 or 18 yearn of age, was charged with breaking
into and robbing the house of his father.—The prisoner had
become connected with a set of minor theatrical people, and
occasionally figured as an amateur performer at one of the
theatrical saloons. Some time since be absconded entirely
from home, and his father saw no more of him till the pre-
sent. onesien.—Mr. Martin, the prosecutor, proved that
about eight o'clock in the evening he saw his house and pro-
peny apparently safe ; but some hours afterwards he dis-
covered that various drawers and cupboards in his bedroom
and the drawing-room had been broken open, and robbed of
a quantity of valuable property, consisting of silver spoons,
jewellery, and several articles of wearing apparel. He MO-
pected the prisoner of having committed the depredation,
and with the assistance of the police, traced him to a house
in New North-street, City-road, and at three o'clock in the
morning they apprehended him in bed there.—The prisoner
was remanded.
CLERK EN WELL.—PLaytho WITH PISTOLS.—Mr.
M. It. Lererson, aged 18, was
ck chafed with havinq dis-
charged a pistol at Priscilla Fitzpatri, and so senously
wounding her that her life is despaired of. That morning,
Fitzpatrick, who is a servant in the house, was cleaning the
front parlour windows while her young master was playing
with a rifle pistol. Not knowing it was loaded, he acci-
dentally pulled the trigger and the pistol went off ; thelcon-
tents, a •bullet, entered Fitzpatrict's breast, and she fell
-senseless on the floor. Mr. Leverson ran for Mr. Haghman,
surgeon, who ordered her removal to University College
Hospital. A medical certificate wu produced from the hos-
pital pronouncing the unfortunate woman to be quite insen-
sible, and without hope of recovery. It was proved that the
accused did not know the pistol was loaded, and that it was
half-cocked. The prisoner, who appeared deeply to deplore
the unfortunate occurrence, declined to say anything at pre-
sent. Mr. Tyrwbitt said the affair had all the appearance of
en accident, but still he must remand the prisoner until the
fate of the woman could be known. He would accept bail,
himself in 6001., and two sureties in 2.501. each, to appear on
Thursday next.

MARTLIBONB. ROliallUlT LT vas GILIAT
VirioTZEI RAI LW AY.• Abbag WY charged with
robbery. On the previous night, en the arrival of
the eight o'clock Exeter train at taddington, the ri-
soner was seen by Linley, one of the company's porters,
to take • portmanteau from within the barrier on the plat-
form and hand it to the coo fleeter of an omnibus, by
at whom
it was pat upon the roof. Tk• prisoner got inside, bad
not been many minutes seated before a gentleman who had
come tig from Bristol in the train recognised the portman-
teau as his own. The prieoner, upon finding that there was
• chance of his getting Into trouble, hmtily alighted from
the vehicle. and made off, but he was pursued and taken into
custody. He was asked where he got the portmanteau from,
and he denied all knowledge—Mr. Collard, superin-
tendent of the compnys polioe, mid that in the confusion
which ensued, the owner of the property, the Rev. Mr.
Marsh, obtained possession of the same, and went off with it
in a cab; he (Mr. C.) added that on a future day he should
ne doubt be able to bring the rev. gentlemen forward.—Mr.
Long remanded the prisoner till next Thursday. —LI the
course of the afternoon Mr. Collard returned to the court,
and informed the magietrate that he had discovered in •
room in Salisbury-place, Limon-grove, property of different
descriptions to a very considerable amount ; the greater part
of the goods were, in all probability, stolen at various times
from the railway ,y the prisoner, who had left them at the
house in question. Mr. Collard is of opinion that in the
mums of a few days be shall be able to get up evidence to
show that the primmer has been engaged, with other parties,
in carrying on a system of plunder to a large extent.
SOUTH WARK. —ST WIRT Rosnetiv.—J. Sounders was
cherged viola being concerned, with another man and a
woman, not in custody, in robbing Mr. J. Perry of a watch
and appendages. The complainant stated that as he was
walking down Stamford-recoil be was scanted by a woman,
who followed him, and when he got near Princes-street she
rubbed on him and threw her arms round his body. He en-
deavoured to extricate himself, upon which she gave a loud
shriek, and in a moment the prisoner and another man came
up, when the former, using a diegusting epithet, asked him
(the complainant) how he dared interrupt his wife, and
threatened to knock him down. Complainant called out for
the police, upon which the woman ran down the • treat and
disappeared, and he then missed his watch, which had been
taken from his fob pocket. The reasoner and the other man
alsoran away and emirs(' at the time, but the prisoner was
id
taken into custody on the previous night. —A. policeman sa
that about an hour previous to the robbery he saw the prisoner
and another man in coil pony with the female referred to, in the
Waterloo-road. Since the transaction in question the rem de
had abandoned her former haunts, and gone to another part
of the town to elude detection. The prisoner said he was
not near the spot at the time of the robbery, and that at a
convenient opportunity be would he in a condition to prove
an alibi.—Mr. Seeker said that robberies of the above de-
scription were extremely prevalent of late in the streets of
the metropolis, women of the town hustling persons, assisted
by their bullies, who followed them closely up, pretending
to be their husbands. The magistrate remanded the

prisoner.
HAMMERSMITH—IMPUDENT WHOLESALE ROB-
BRKT.—IIenry Ilart, a marine stem dealer, and
William Sadler, a carter, were charged with being
concerned, with others, in stealing several tone of iron
piping. The facts have already appeared in this paper, but
it may be repeated that the Brentford Gas-light Company
hod recently taken up their pipet and laid down others of •
larger dimension. The old pipes were deposited is the pub-
lic road on Brook green and on the (limit Western road.
Latterly many tons weight of pipes were miming, and the
police had seen men taking them away ; but from the sys-
tematic manner in which the robbery was committed, and in
the open day, they had no suspicion that the parties engaged
in the work were thieves. A carman, at Shepherd's Bush,
named li, rrone, had se. n Hart and Sadler, with other men,
tilling a van, at Netting-bill, with the pipet, amounting to
three tons in weight. Sadler said he was sent by his muter,
Mr. Heaps, t* do the job. Mr. Hedges said his van was
hired by two men, of whom he had no knowledge, and he
sent Sadler to assist in the removal of the pipes, which bad
keen sold to Meier*. Deems', engineers, in Old-street, St.
Luke's by the prisoner Hut. The prisoners were remanded.
WOOLWICIL—A Ldinsitirstatt CHARGED WITH Pa-
te—J. (guns aged
15, • midshipman attached to the
Fisgard, 42 gun frigate, was charged with stealing a silver
watch from the shop of Mr. Moore, pawnbroker residing in
Woolwich —J. Thorpe, shopman to Mr. Moore, deposed
that the prisoner came into the shop 'hat day to see some
silver wtches. Wiess laid two o the couater, and the
prisonera said that neither would don , and requested to tee
some more. Witness placed live °Oars on the counter, and
the prisoner asked witness to show him a penknife, pointing
to one in the window Witness handed him the knife, which
he purchased and paid ninepenee for. During this time,
witness observed the prisoner take the watch now pro-
duced off the counter, which he put between his glovee,
and afterwards put into his waistcoat pocket. He
also observed him take up the ticket of a silver
lever watch valued at 31. 10s., which he put into his coat
pocket. Prisoner then left the shop, and commenced run-
ning as bard as he could Witness followed him, and ac-
cused him of stealing the ve h p
tch. Teprisoner said, ts 1
have not stolen it ; 1 only took it to show to one of my
friends." Witness said he should take him into custody,
and the prisoner replied," Let me go, and I'll give youess t 201.hs
"
He then gave him into custody, and he gave witn
watch.—Polio-constable W. Harding said that when he was
taking the prisoner to the station-house, he said, "If you
let me 10 I'll give you 61.",0n searching him he found in his
coat pocket the ticket now produced.—The prisoner said that
he told the witness Thorpe that he took the watch to show
to his friends, and that he and his friends would call in the
evening and pay for or return it; he had no notion of stealing
the watch, and when he saw Thorpe running after him be
immediately stopped. He admitted offering the witness 201.,
but said he did so because he did not wish any charge to be
made against him. lie requested the magistrate to send for
Sir Gordon Bremer, the commodore of the dockyard, who
would speak to his character—The witness Thorpe denied
the truth of the prisoner's statement —Mr. WOW, inspector
of the dockyard police, attended be the request of Sir Got
don Bremer ; but Mr. Jeremy said that Sir 0. Bremer most
attend himself if he wished to speak to the prisoner's cha-
racter. Mr. Jeremy added, that the evidence was quite 1
clear against the prisoner, hut he should remand him for a
few days previous to his being committed for trial, and in
the mean time he could see his friends.—The prisoner began
to cry, and asked Mr. Jeremy to allow him to go on board
the Fisgard and see Sir G. Bremer, and he would come
back on We 'nesday.—Mr. Jeremy said he could make no
distinction of persons. He was sorry to see him placed in
such a situation i but he must deal with his case as with all
others.—The
_prisoner was remanded in custody.)
RICH tdOlt D.—CH&H.GE Or EMBEZZLEMENT AGAINST A
PAWNHMOILIGCS ASSISTANT.—A. Doneldson was re-ex.
arnined,charged with having robbed his employer, Mr. J. R.
Cockburn, a watchmaker, silversmith, and pawnbroker.—
The prosecutor, on looking over his books, discovered that a
sum of 10s. had been embezzled in the pawn of a watch. The
prisoner tore out the 1 from the books and burned them.
. Since his fist and second examination the prosecutor had
• looked over his stock, and found that property to the extent
Aly of 3001. was missing. Ile therefore moved for a further re-
,on mend, which was granted.
CIE-

MONEY MARKET.
SATURDAY EVININO.
One consequence of the extreme and sudden flue-
in public securities which have been so
common for the put fifteen months, and much more
especially during the last two months, has bas n to
impress a degree of caution amounting to nervousness
on the operations of even the most hardy speculators.
A proof of this was in evidence to-day. After some
deliberation the committee of the Stock Exchange
came to the determination of
ormakiny tig Monmes
-
day a holiday, as determinated in dinar
would almost have been a matter of course, but in
times like the present, when such suspension of busi-
ness for a day might be inconvenient generally, as
sure to be individually, was a matter requiring more
particular consideration. On the fact becoming known
that the holiday was resolved upon, the speculators ,
for the fall took fright, end in a sort of rush com-
menced buying in their accounts, because uncovered
they might otherwise have been possibly much da- t
maged by the continuance of the more encouraging t
accounts which have recently come by every mail
from France and other parts of the continent. There 41
was, therefore, a rather extraordinary advance in the
funds in consequence. Consols opened at 821, and
were bought up to 821 with much animation. They 1
left off, in the usual course of reaction upon trainee-
tions concluded, at 82! to 1 for money and account.
Reduced Threes, 80; to 1. Three-and-a-Quarter
per Cents., 814 to 21. Long Annuities, 8 5-16 to 1.
Exchequer Bills, 40s. to 445. premium. India Bonds,
I les. to 225. premium. Bank Stock, 187 to 189.
IndrioareSitocgnks,toc2NksWma2r3kled.
generally at higher prices, !
and were in fair demand, except Austrian, for which i
lbaeni could not be found. It was understood that '
I the Austrian government would be unable to meet
the pay ment of the dividends on its debt for the pre-
sent, and reported (whether correctly or not could not
be ascertained) that the Bank of Vienna had sus-
pended payments in specie. Dutch Two-and-a-Half
per Cents. were quoted 41 to 3; the Fours, 61 to 62.
Belgian Four-and-a-Half per Cents., 58 to 61. Brazi-
lian, 67 to 70. Mexican, 151 to 16. Peruvian, 29 to
31. Spanish Fives, 121 to f, ; the Threes, 221 to 3;
Passive, 21 to 31. Portuguese, 161 to 171.
The returns of the Bank of France on the 27th of
April, make a deplorable exhibition for the public
treasury. The amount in hand to its credit was reduced
to less than 26,500,000 francs—eay 1,060,0001.
sterling. At the actual rate of weekly disburse-
ments, this wretched remnant must be exhausted
within a fortnight. The specie shows an increase of
about 2,000,000 francs, counterbalanced by a decrease
of about the same amount in the branch banks. The
dishonoured bills, at 19,500,000 francs, were still ac-
cumulating. It will be perceived by these returns
that the Bank of France had certainly not been ac
commodated by the Bank of England, as reported,l
with 2,000,0001. sterling in silver, or say 50,000,000
of francs.
It will not be out of place here, or rather this