The Express.
London, England, 1851-06-19 00:00:00

IRELAND.

DUBLIN, Jess IS.
Her Excellency the Countess of Clarendon, at-
tended by a numerous cortege of distinguished visitors,
proceeded yesterday to a bazaar held at the Royal
Dublin Society, in aid of the industrial schools esta-
blished here. A number of young women, who are
employed in the manufacture of lace in the schools,
were occupied at ono end of the bazaar with their
work, which her Excellency seemed to take mach
interest in inspecting.
An admirable axle of bee-laws and regulations
have just been issued by tlie Dublin Corporation for
the improvement and health of the city. They
relate to the regulation and registration of lodging-
' houses, of meat, fish, and general markets, and of
slaughter-houses and knackers' yards, and appear to
be most carefully framed to accomplish the objects
in view.
Mr. Reynolds, M.P., Mr. Keogh, M.P., and Mr.
N. V. Muller, M.P., attended yesterday at the met-
ing of the " Catholic Committee." fhe l'reedtan
says : " We are informed that a correspondence is
progressing, the result of which will, in all probabi-
lity., be the attendance of the hierarchy at the great
national assembly which will inaugurate the new
association."
The county of Louth has been the scene of another
murder actoniptinied by circumstances of great bar-
barity, the victim being a young man named Ber-
nard M'lntegart, the son of a farmer, who, while
proceeding on Sunday morning last to mass, accom-
panied by his sister, was attacked by two men and
brutally murdered with bludgeons. The circum-
stances arc thus related by the Dublin Daily Ex-
press of this morning :
On last Sunday morning, about 8 o'clock, he was assailed
on the Dundalk and Enniskillen Railway, when on his way
to attend mass, by two fellows, who beat him with sticks
until they left him insensible. He lingered until Monday
morning, when he died. The cause of this murder is un-
derstood to be purely agrarian. It appears that the father
of the deceased came into possession of 40 acres of land in
last March in a place called Annes, about four miles front
Dundalk. The land had been originally occupied by
three persons, named I'atrick Kelrey, John M'Arille,
and Henry Callaghan. They Ibteame unable to pay' the
rent, and law proceedings were taken against thenm.
They then gave up possession, and were compensated
for doing so. The land next came into the possession
of a Mr. M'Ardle, of Dundalk, who held it for one year
only. The father of the deceased then became tenant ; but
when he began to cultivate the land, an attempt was Milk
to obstruct him by a number of persons, who were subse-
quently brought before the magistrates and bound to keep
the peace. It is understood that a bad feeling prevailed
amongst some persons in the neighbourhood against the
father of the deceased for having taken the laud, and to
that feeling is ascribed, justly I believe, the present mur-
der. The deceased bore a most excellent character; he
was industrious, peaceable, and religious. An inquest was
held on the body yesterday before John Byrne, Lana, one
of the county coroners, when a verdict was returned that
the deceased came by his death in consequenc,c of a fracture
of the skull inflicted by some heavy instrument. No elite
has yet been obtained to the murderers.
The following report from the Northern IV/c%;/
describes the state of agricultural affairs in a great
portion of Ireland: •
Our reports, for the past week, represent the appearance
of the crops as generally satisfactory. Grass corn has
attained a considerable height, and we are informed that,
in some wheat fields, both in Antrim and Down, the ear is
fully developed in the sheath, and only requires a few
days' warmth to shoot out. Oats, both late and early
sown, arc strong, healthy, and forward, and, except in
low, marshy, ill-drained soils, show no symptoms of the
grub. The late harsh winds have had a whets
effect in retarding the growth of all deseriiwions of corn
crops, the result of which, however, may be only salutary.
The effect of these cold winds on the young Indira of pota-
toes has been, in some instances, to cause a curl on the
leaves, and this appearance was looked on by some as an in-
dication of a re-appearance of the blight. Since the rains
of last week these symptoms have in a great measure dis-
appeared, and the crop is, without exception, a healthy and
a prosperous one. This is the more gratifying, because the
breadth of land laid down with potatoes this year is far and
away larger than last year. Turnips also promise well ;
and, as fur as we can learn, arc everywhere exempt as yet
from the ravages of the fly

'HOME CIRCUIT.—Tho judges have appointed the
following days for holding the ensuing summer circuit:—
Hertford, July 16; Chelmsford, July 21 ; Maidstone, July
28; Lewes, Augumt4 ; and Croydon, August 7.
A MONUMENT TO TILE HEROES OF THE PON-
JAI:11 has just been erected in the parish church of All
Saints to the memory of Lieut.-Colonel llavelock, of the
14th Light Dragoons, and some of hie comrades, non-com-
missioned officers, and privates, who were killed in the
campaign of the Punjaub. It is of white marble, framed,
if we may so term it, in an arch of Caen stone, resting
upon a base of the same 'material. To the right is a fall
length figure, in the uniform of the regiment, with a mili-
tary clank, resting principally on the right shoulder. Ono
arm rests upon the shoulder of a youth, and the other is
extended with the hand pointing to the inscription, as if
urging him to emulate the deeds of the heroes whose
names arc recorded. On the left is a palm tree, with tiro
leaves drooping over the tablet, on which rest sabres' a car-
bine, belt, and carteuch box. At the foot of the palm tree
is the regimental shako. The monument is executed by
Westmaeott.—Maidstonc Gazette.

.....
VAUXHALL-GARDE:VS.—The usual attractions at
these gardens were varied. yesterday by the first of a series
of horticultural Ptes, which have been introduced for the
purpose of enabling the exhibitors to compete for prizes
amounting in all to the NUM of 221. Notwithstanding the
unseasonable weather a large number of persons visited the
gardens in the course of the afternoon, and remained until
the evening's entertainments commenced. The floral ..how
was in every respect of a much more magnificent character
than was anticipated, the pelargoniums, azaleas, heaths,
and roses being of a character which would have done credit
even to the more highly patronised exhibitions at the Hor-
ticultural and Botanical Gardens. This was the first display
of the kind which has ever taken place at the " royal
property," and the success has been such as to justify a fre-
quent repetition of so agreeable an adjunct to the plea-
lures of a summer's promenade.

TILE CATHEDRAL GRAMMAR SCHOOL.—lnunetli-
ately after the receipt of Mr. Whiston's appeal to the
Bishop of Rochester was acknowledged by his lordship's
secretary, Mr. Whiston addressed a memorial to him as
visitor of the cathedral, setting forth, that although the
legality of his dismissal was, after two years of litigation,
still undecided and appealed against, and although he was
still in possession of the school premises, and acting as mas-
ter with the great majority of the pupils under him, and
although the parents of the original foundation scholars
had respectfully requested the Dean and Chapter to relieve
them from the embarrassment likely to be, and which
hail been caused by the claims of two head masters,
the Chapter had nevertheless, in October, 1849, ap-
pointed a new head master, under whom they had insisted
upon those parents placing their sons—a demand which,
, however, was not complied with. The memorial further
complained that the chapter had, pendeote lite, deprived the
scholars and Mr. Whiston of the services of the second
master ; and it prayed that, unless and until the dismissal
by. the chapter was confirmed, his lordship would, as visitor,
reinstate hm in all the rights of the mastership, inhibit all
proceedings against hie' in contravention of those rights,
and direct that the services of the second master should be
immediately restored to himself and the scholars. The me-
morial was dated on the 2nd instant, and on the 13th Mr.
Whiston was officially informed by the bishop's secretary
that his lordship had laid his letters before Dr. Lushington
as chancellor of the diocese, and that Mr. Whiston would,
as soon as possible, receive an answer thereto.—Roe/aster
Gazette.

-----
FATAL ACCIDENT BY THE FALLING OF A IiOt•IF..
—Yesterday Mr. Dakcr held an inquest at the White Hem.,
Lambethatreet, Whitechapel, on the bodies of Edward
Ayres and John Murphy, boys of the respective ages of
twelve and eight year., who on Saturday last suddenly
met their deaths. Benjamin Heldman stated, that hating
been employed to overlook the demolition and removal of
some old houses in Lambeth-street, which had been con-
demned by the district surveyor, he was watching the pre-
mises, at about ten minutes to one, on Saturday afternoon,
and while so occupied heard a loud crash, and the premises
were immediately hidden by a cloud of dust. lie in-
quired of a man who emerged from the cloud,
whether any one was in the house when it fell,
and was answered—no. Remembering that in the
course of the morning ho had seen many boys
looking about the place for wood, nails, and staples, Rio
procured assistance and commenced the removal of tho
fallen rubbish. In about an hour the bodies of the two
boys were discovered. Judging from the pressure and
compactness of the superincumbent mass, death must have
taken place instantly. Several of the jury considered that
this witness was extremely culpable in not erecting a hoard-
ing before the works. Witness stated that he was unable
to do so, not being in full possession, as some of the houses
were not surrendered by their occupants until several days
after the accident. A juryman considered that the in-
mates should have been ejected by force or the work of de-
molition delayed. The superintendent stated it was int-
poesible to keep the boys out; he had already been as-
saulted for attempting to do so. The jury finally acquiesced
in a verdict of " Accidental death."

ATTEXPTED OBSTRUCTION OP A RAILWAY TRAIN.
—On Friday evening last, as the half-past eight down train
on the London and North Western Railway was coming to
Chester, its course was slightly checked by a brick which
had been placed on the raiL, in the vicinity of Christloton-
bridge. The brick had been placed lengthways on the
metal, and was cut in two by the guard-rail of the engine,
and pitched a considerable distance. Information was given
of the

steps were taken _-
clear. On the following
eleven down train ---

same locality, there
metal. Since the

the neighbourhood
supposed that the
address; but every
exact maw by whish

r almost immedi;t4:;nd the neee-stary
to lee that the remainder of the line was
ollowing morning, however, the halt-past
met with a similar ottstractiommwahet
re being at that time • aktontthe
latter oecurenee men ha
d by the company to A _
he bricks were placed t • •
cry effort is bensor •• ••••
high they came there,—'• , 4, •
4.1 E
. Lip
„(11

Y

r

Saw I

EQUITY COURTS.—JUNS 17.
limas sna Lisa OSAMOOLION.
Twa Arroax se-0 as Ram. r. Sonoss.—Corrrsarr or
Cuter.
la this matter, beheld a few days ersk the Lord Cbsa-
artier Meld that tea if the al prisms, who bat misted the
raker ef the meet la taking maw Ms order,
ems* seems hale is the ems, ef miskt
at eary:=ll hem primmes saa" their
the NM ef emit. ha ea-
= three reondel imgdesineett. sad io be the
bait gellei af Ihe mar Au al the altar fear, his lord-
mer. mull Sather wasikor their am, sad mad dee
who ea their his .
His brit* awe sell he MA mad thaw &Mimi* sad
war of gilts that them all sight be daubs/gal, except
One asmsl Freasterg, who led hem a ealier, and availed
hinWif ef the Met L hied espied as • seldier, is throwing
mg admene spine the diens of the mart, sad Indies
eller Weems to make them ; whines be, esmstessed ia ids
liesibedea te ebrr amberity, should be the Int to set that
mewl, at when. Pemba, tberehre shield, for his Mr
madamet, be Sather imam:mooed te the sad of the sittings of
the mart before the Nog meatiest.
Tan LONIDOX AMD NOTTO WISTIIIN RAILMAT COY-
MATT P. BIAOLIT.—DANAOII TO TIADI ST RAILWAY.
'I he defendant Bradley is owaer of a paldialsmes Is
Madderstield, ridieiator to width is the railway timid of
the plaintiff.. Me teasel or railway dam art pan mer
any part of the defendant's presumes, bet the enmities
t..L....5t by the trails, pawing slang Maws thethdbadeat's
leAr, and on that ground he shamed maresmisa from
the plaintiffs to the amount of Lila, whisk babe sem et
Which an arbitrator valued the disimmilat ha is Ms bad.
aAs 'the plaintiff. refused dm ism eetadiemt whereapea
E.c defendant, in pursuance sidet memidess ef the Lands
Clauses Consolidation Aet, maned aides ea the shseilf te
Onmason a jury to swertsia the mesuat of essessewedim.
The plaintiffs then tiled this bill, sad elasiani sa tablas-
tins from Vice-Chancellor Load Creams* at Restrain the
defeating from such prisseeding.
Mr. Matins and Mr. Daniel now supported a motion to
diiebarge the said injunction. resting their argument. OS
Co reasonable construction of the Lands Clauses Cenaolidm
Cm Act, and on the authority of the cue of "The Visa-
yan Railway Company •. °Mikes," in which his lordship
decided that a shopkeeper who suffered a lees el his blew
sr.,* by reason of the railway running so near hie beam of
bush:two that access on one side to it was shot up, Alm*
t`te railway did not pass over any of his premhesi less
tatitJed to compensation. That decision of Ms lerdship ia
sleet re versed a decision of the late Lord Chmeelisr in the
ease of the present plaintiffs against andllt. a trademen
la Birmingham, whenin it was held that the themega Otitis
n-ture the party claiming onespesmaties was Mewed !Mt to
prose the alleged damage hehre &jury is as amiss.
Hr. Bolt and Mr. Elmsley esisemil the asetioa, on the
ground that this use, as also that et Smith, jnetireferred to,
were dutinguishable in their eircsimetences from the case of
Oaitkee.
'i he Lord Chancellor was of opinion that this ales was
similar to Oaitkee's; and, having given much esaidderation
t, that case, and being satisfied that the decision wee sight,
his lordsliiii would follow the same course in this ems, sad
would discharge the injunction, and leave the defendant at
liberty to proceed under the short proems provided by the
Lauds Clauses Consolidation Act.
COURT OF COMMON PLEAS.—YEMEADAT.
&MMUS AT NIT. TOTS AT WERMITITIO.--BAPOAS Ma. Jounce

Al• &Nl* ♦ Ceaa•wl JUIY.
To-day was the first day of the sittings at nisi prius after
Trinity term.
HMALT

The plaintiff in thin case wu Mr. Ileald, formerly an
officer in the Life Guards, who had auevied the celebrated
Lila Monte*, and the defendant was the shipping broker to
the London and Dunkirk Shipping Company. The present
action, which was one of trover, was brought to recover the
*nine of e•rtsin pictures and ornamental property rent by
the plaintiff from Paris to Dunkirk and from Dunkirk to
London, and which had been received by the defendant. It
appeared that in the awnth of August last the plaintiff sent
seven cane containing pictures anti other articles to Eng.
lend. The good. were packed under the superintendence of
a person named Nesbitt. the plaintiff's valet, and put into
seven deal cases, and were directed to " Mr. Nesbitt
Cuntouetioute, Lenduo•bridge." This wu on the Ath of
August, 18,0, and on the 13th of the same month Nesbitt
applied to the defendant, and learnt that only out out of the
seven packages bad arrived, and he was recommended to
Mr. Neilsen, a Custom-bow* vent, to clear the goods.
he six package* hating been cleared, some time after-
wards the wreath paclage arrived, hut the defendant did
nut Inform Mr. Netham of that fact, but cleared it himself,
cud vent it to the warehouse of a Mr. Barber, in Seething•
ne. On the 19th of September a fire broke out at that
warehouse and the case in question was burnt, upon which
f..^ present action was brought.
In support of the plaintiffs cue several witnesses were
itsdled to prove the loss of the cue and the value of its
Contents.

Mr. Watson, Q.C., for the defendant, contended that his
client had been guilty of no conversion with resp •et to the
package, and that it was his duty to have cleared it at he
did, and that it was not necessary for him to have comma-
n:cated its arrival to Mr. Netham, the Custom house agent,
who Lad cleared the other six packages.
On behalf of the defendant evidence was called to show
that hew a.. bound, as the agent of the Dunkirk Shipping
Company, to dear the eeveoth package when it arrived.
Mr. Justice Williams, la roaming up, left it to the jury
say whether there wet ma implied authority given to the
d. fending to interfere with this package when it arrived in
L nokso ; and whether by haviag done so he hnd acted is a
Lonniemost beneficial to the Interests of Mr. Wahl.

7he jury answered these question.. m the negative, and
Lund a verdict few the plaistif—vlamiam UAL
la this ease leave was reserved to the defendant to move
to eater a summit, if the court should think that he had
not been guilty of any conversion of the goods.

EXCHEQUER CHAMHER.-YEISTEIDAT.

literialle I. Finis.—berais Eason PAMIR. ALDINPON, AND UP&
TIN ANA .1, mum NADIA, CONABIILLIA &OM TALMO/W. UMW OP
Itaima rams ens rover or guess's nesea.
ROVin EASISIIII RAILWAY COMPANY r. Too
'I3IIIIII%.—MANDAIIION.—CONSTOUCTION OF THE RAILWAY
ROI/TIMMS CLAVIDIS CONSOLIDATION ACT.
This case was argued at the drat sitting after Easter
'Term It Was a writ of error to a peremptory mandamus
of the Court of Queen's Bench, commanding the company
to carry a public highway, which they had destroyed, over
their line of railway. to Woolwich and thavesend, in the
parish of Plumitead, Kent. The arguments have already
U.eu reported, the main contention on the part of the com-
pany being that they diould have had the option either to
OW, the road over or under the railway.
Kr Baron Parke now delivered judgment. The court
had Ds difficulty in saying that the act of parliament gave
an option to the compauy. There could ha on doubt that
the kgislature want that the company &said have the
option to determine according to eirenwisnmoss, for there
eight be case, in which it woad he hard to dam a railway
company to carry the rend over the rang. With
Wpoin,vet to the sreond
t yid& bed bees mered ea br
f col the delleadant mar, tbeegb Alert bed eater
taked sone doubt es this pelt, they were yam eleplaisa
Chet the mewl did rod slam dot the egdes bed bees dr
dembieL As then we. Vale dew the Sr spies
was at ea irk sad being et dot the etswptely bed
eatbratimmetlee the MOM*. emit were et spades tbet
Ste ef the Owlet et 0••••• Beath woe bed, end
tee aleedeenes mot be queried.

COURT OF
llamas Ma. Cusinroria tresawsis.
le as POWN•I4.—CaII or a SOLICITOIL
Ilia limier gate ,liseesit in the ere of &tweed Pew-
▪ solicitor, of Ipeir* who bad bar ore horror r
• shipowner, sot obese swillweiso he Ms esohleste ass
heard • leo tysee2remitsielesevoll that he ewe hrselval
two purls of with reference te the
construction of Ow estriped=en. t. Mr. Power!,
• solicits!, wee set bible to the allehnipt law 1 nevi Nosed-
logly tt, had at first sought amass Bode of rennin Wm-
self hour his difileulties by tiling a milks meet he set of
EV,N Victoria, whir applied to pram ilet WSW 'Thy_
of the Suffolk Chesty Court had hoz,
gi MI 'ilea
was • trader. air be had then tiled • of he.
sehowey, and wow Win this coon. At the Me
wives. had aid signosi, sad it was dear they MI • isey
Milos howls the leshispt ; hot hi ea
osee•
stiZt the nest Welt sat browedis haspm ea 101 l
Midi% *NO 41 was mos wildiaboy wtw ONO 10,
thstesellessithese WWI loft he ewe with a Tiew
Se the le NIL seeiher, however, Yr. SedweU, a
et Oheturand. mite • meet misuses mei,
Vbelarib on IpPyonll Alm sal es the lerkzepre sew
dust Wm* MEWL lie wadi esodier los& these
greasis rot bet so to the :~e emend seoiast as
a Weise haw sod aft WwwOmy. It W hems
segosi did See. the ash Wltosillo hw, awl oral/w saw* where soloed Is the pest g woe
1544, 946, sal
UK whom lies blame ens the wrest of wow issesti wns
ads. whisk he Ist we it the Bilis teak ble pond sea.
dust mid aft to Ohss iota wooliseatios. The ewe

r,Jurra 17.

iiii.i.i. milli: - i;'ivaiies-70177.1., iv: la.
ogles. view a semdrat hal imps,* 'miasma bust
ageism eta et bit ash; rid as gamine MI deo Ma
Mad la Ine gem el heft. dr asteary of the Dadar•
tiowmisp'
e w
Smitoeh. beam fir. Cs lover Holreyd, libeled
et bag& Ws do steesiss a the worde—" imp
&fad of ate lealeme as a terbe," sal held that
Misa %Mt stele maiegg is dr seettestiag of dilleM
whatiserion !le da Wow le gra
snood ost man IL It enamel °mg
vad. linden's. bad
bogs briameg Islam a mminerable time my is
List, when lis dais VIM MM. sad be= itioliali
of b M. la Ile pad. • alma
it Irma te prodebt a am ensa earamaz to 41•18 I
• =Tlgal to altrime by
M easle-re..d=dimilitaitia this ger. lhe wee
Slay to try )14. Arm& did est mesa to Ism =
most by Ibe vision/MN .4 tsar Nts
abet emmsassil as Me tst et lbw* lNft visa be was
Milan bernAingL to. It gosein beat Imre bear boa he
Hue Wind ids MAO as tar also. art am ormatii.
eel" es tears mem mom et riallerrm •ble gis,
Mama etOes ea largadViiimilsel Want, I
aid ingeerft lige 1".1=11 lie wag to edam Bo '
• new and toeeitars4,l brings Idea le medelima-
ad, lade to an the asgeparegs of ease .100 la.
mien' the mane to 4.411 L sae eh lb
eidgmle• wised
den
as bade • medley NIL,
bgamine* llghis 0r The peaty Idea at Mg esti-
mate. awe 11.1011, Yap assess* he MAL To
just Ms bs ban Way esgegsg. Hie &Mtge% east-
Sig Ho me arL am daY wadi yield
debt
Os belga&
OM angina On Walled kb rod doltst to mow to

1,9711. ; doubtful, 2061. • sod bed its, 1,900 L But it
tossed out that samoky say el Om mold be oiled
eed -, Si, they had boos Ml_ by the
fgee 3001. ova sae who skeet Wry hod • tole Cl=
tics sad Cosuty Coal posedinge. His law ants ware
put down at 17K Thu pertly aseertained and
partly eadmaged. woo ; end it was not very Ina to
sake eta what wee oiled sad ghat woo sot, in At.
Powarloolongla by Ids winos 411 i .1011. Moo had
IMO bit bolo is of • Tory alorealy way that It wee set
Inlay to mks theta ■up. It seemed they wiles novo added
up OA ; sad the sir aeolgaes elated that itreslibare
been lopsorie to de ea, Gotha Aegis and amnia yonie fee-
ovoid, mined. It wee *sprat Oat a nen at eilmales
sod whist him it ate adres slam Wabold
re
hare senbroil Kt bather with sob entreat •
Itabely
_amid SW
_thet this was • ors who,
pot noirbstoos,lol put his 'borate to the wheel, aid
resolved to olio limiesK by avoiKag those errors which
were cork mar or later, to befog a penis to that court.
This sot et oesden beim to tell, ea it Yu Me led 0;
ISM be was la Milkultis t e, gad pentissal this eourt seder
the 7th sal Kb Victor; ke tea owed 2,0681., sad
it was moped that be sherd pay 9001. into sort,
but this esvongelaint woo moor sank& eat, ia
esoinuonoe d aa eatisa brag Inosbd opals* No To •
gestlis maw* Wt, who be oil bed easied la the
amagniast. That sodas roe bladed, seed, as Kr.
Polesell lot the watt, be Moil to pay the VAL
into
eon, toy be old, with the sardraorma of Ks min.
The peados thirrore fell to the wood. He theaLieti-
demi the Comity Court ; and hi -debts west wry Mir-
engly stated is the two oink whirs it was ass goy to
reamile. The Count-insert iniseed his paltry sad
he wee bar*, net of is*, but aseeseity, to get his Weirs
oneagod yrs the lipoid. dot he was • trader. It woe
impossible to belt of ha gesseal ...duet without feria(
that it was calroble la So ISOM degree.; sad, if meek
eteract were set raid wlib 'salient la poi dr-
isteaced Me Kr. Peyton, Ile court would set 'Windy
towards those who bed more to allege in the way of igno-
rant* and little anpriatanoe with habits of briars. But
Kr. Bedwell abo eunplared that thu bankrupt lad dose
him grievous wrong sot belle put him to r ma
semery errata end byea odes bombe
apla et bin, to width he had in no defeat* at all,
sod to width lie put no fewer Oast eight weir
paler toss the record. It was sestina* that
this breoght him within the soma* soli of
the pear raw of the act, the 256th, soil that be was
set entitled to sap potectiea whoever. Mr.
1171Yellaisa boa attacked as eme who had aster with DOW
sit of aunts, tad *wry, loweedo lir. Penman ; but
M bad arses on a rates moor in a our et jai with
rotor bonds. There was net Os grim of ma imputa-
tion eprot bin. The sate till femed the oil of
tho again bed been resolved by him Si.. Mr. Lao, m-
ei of a peallessoa of to ran trmo, in part payment of
ait dos em the ilsessesd Mr. Lad. Whoa he brought
KB asties, Mr. Posen met Wm with hie eight special
pleas, every one of them alleging what was positively un-
true. net, he said he did not stake the Me. It was now
wain* ea all bends that he slid. Falsehoods of this kind
were no Mike matter. It had boa urged that he had a
right to put hi creditor to the proof of these matters, if
they wen tree ; but this prop:erica he utterly denied.
The whole isti of the judges and the courts in altering
the rules of *Min led to the opposite conclusion; and
they were as. gulag further in the same direction, with
the view to oat* a party to state the truth, and
only the truth, in answer to an action brought against',
him. The effect of this plea, denying that he made
to note, would he to compel Mr. Bedwell to
have witnesses to prove the handwriting. The next plea,
that Mr. Last did not endorse the note to Mr. Bedwell,
was equally untrue. Then, he denied the consideration :
in support of this plea not a particle of proof was given.
The fourth, fifth, and sixth plea—alleging fraud in the
making and endorsing the note—were wholly unsupported.
The seventh plea alleged that the defendant had obtained
a certificate under the hands of Mr. Commissioner Evans

on his application under the 7th and Bth Vittoria, before
the endorsing of the note to the plaintiff: It turned out
that no such certificate had been granted. Could there be
• grosser untruth than that ? The eighth plea denied that
Frederick Last, theendoner of the note to Mr. Bedwell, was
the legal executor of Isaac Last, which was equally untrue.
It had been urged that because Mr. Bedwell had not pro-
ceeded to tax his costs as against Mr. Pownall, but had
taken out execution merely for the debt, he had thereby
been put to no unnecessary expense. But he would have
to pay his own solicitor, and every one knew the difference
ex to costs between an uniefended action and one where
eight special pleas were put upon the record. It was im-
possible to avoid the ennelusion that Mr. Bedwell had been
most grievously injured, and had been put to great and on-
n ,eeessary expense and delay by these vexatious pro-
ceedings. It was a mistake to suppose that if a
man had a muddy confused notion that he
might have an answer to a claim in a court of equity, he
had, therefore, a tight, in • court of law, to plead as many
sham pleas as he chose, and to keep his creditor at ann's
length, and put him to any expense he thought fit. This
was to make a party a judge in his own cause ; every
debtor would fancy that he had a defence somewhere or
other, either in law or equity, or at all events in morality,
either in this world or the next; and having settled that
point in his own mind, he would proceed, as in this case' to
put a number of special pleas on the record, and pick hie
creditor's pocket by putting him to vexations delay. The
bankrupt was clearly within the meaning of this act, the
penalties of which were not at all too severe; for nothing
could be more mischievous than the practice of purchasing
time by traders, when they became embarrassed, at the
expense of their creditors. It was not merely a wrong to
the particular creditor, but in nine eases out of ten, the
experience of that court showed that the time so gained
was employed by traders in making fraudulent preferences,
and abstracting property from the reach of the creditors at
large. But in this case the question of time arose. The words
of the 218th section were :—" If the bankrupt shall, within
six months next preceding the issuing of the fiat,
or the filing of • petition for ailjudicatMn," have com-
mitted the offence there stated. The eight special pleas
were put on the record nn the Bth February, 18.10; the
adjudication was not till the 31st of December in the same
year, clearly more than six months after. It might be
argued that in a case like this every continuaneeof delay and
expense was a fresh offence; but he had consulted Commie-
*loners Fonblanque and Holroyd, and they were of opinion
the statute, being a highly penal one, that the offence had
taken place more than bat months before the filing of the
petition. This was not • rule which would apply to all
eases of vexatious defence, as delay might be interposed in
other stages besides the pleading. The bankrupt was,
therefore, exempted front the penal part of the statute, and
the court was not debarred, as it otherwise would have been,
from granting him protection. By the course which Mr.
Bedwell had taken in reference toasts costs, there was no
evidence of Mr. Pownall being indebted in those costs.
Under these circumstances it must be admitted by accident,
or good fortune, he was absolved, or escaped from the penal
provisions of this act, and remained responsible for his
general conduct as • trader, and fee the particular
wrong done to Mr. Bedwell, without reference to the
penal provisions supsendded by that set. Looking
at the case r am 4 which there was very
little to ensure lb. Pownell's oriteet, considering
his pork* end norptier end the der of life in which
he hod bitbate assay. the court weal& en very widely
did it tart the ere with Embry learn then was shown
to with has alessdat awl with non arum Ass
flair snisterher Thejwigernt woe what the nortificre
deraiil be orpendoil As v triuntior rostir with prate.-
dr he these emedir to be nowind her tire to time, un-
I insbe good
the anew were arm to the costrory. The certificate
to of third elm.

Mr . Bedwoll applied he the ohs d erpesitiss.
Mr. Teas, he the oripeok, shed that He grestica et
err shad& stead wee he a lad born
hew ,at shish Me-Irst =Mg. r=iweenesgslteertmismil
as to the debt miring sr dr ash is gosslien. Re Ised re-
creed inetructiem le agply hr his rads. ohm the ease
wear bol
wee imt lathes the she% bet meld net de se oh his Ho-
given his Jodgmeot.
Hie Hearse did am this& it own= e=smi the
is=et cools ea that aseeen• •
old poseend an iliTledsolisa et he berimapt's
cceder.
eat
declining to des, me deal* bon mo-
tives whisk satisfied themselves, bed a sight to
have ids eat the estate ; sad he abenlil dhow the
costs I. this cue.