The Express.
London, England, 1848-04-29 00:00:00

month of April, 1847, that the present Winn was
he defendant having refused to pay the bill, alleg-
, was not liable. In support of the plaintiff's case
Aries& was t d— ,is, sir. Frost, who stated that
went to the plaintiff's with the children he had a
from the defendant to the plaintiff, which he de-
-, the effect that she would be answerable to the
for her grandchildren's education, and that s
he
he
ay quarterly. The witness also stated that he
delendant frequently in the Queen's Bench prison,
she went to visit her ion, and that on every occasion
had mentioned the subject of the plaintiff's de-
he defendant said that he must wait for kis money,
never d: Hied her lie (the witness) had
plaintiff a written guarantee that he would pay
s he considered he was morally bound to the plain-
been the means of introducing the panics to
On behalf of the defendant it was contended
had never in any manner rendered htroelf
the plaintiff for this demand, and that
a to whom the plaintiff had looked all along
iyment was the Rev. Mr. Bartlett, who had borrowed
am of 33& from his mother to pay the first quarter's
which the plaintiff now alleged she had paid on her
account. To prove this statement the Rev. Mr. Bart-
o had been brought up from the Queen's Butch
a writ of habeas corpus) was called, and most posi-
Arsoicted the witness Frost in every particular,
altogether that when he went with his three sons,
lber, to the plaintiff's school, it was ever stated
/ were to he educated at his mother's expewe, or
had admitted her liability in the Queen's Bench
Frost never having said, in witness'a hearing, that
!fendant was liable. The witness also stated that it
his orders the two younger children were brought to
placed under the plaintiff's rare, and that, in fact,
idant bad nothing whatever to do with the trans-
r. Chambers having replied, Mr. Justice Cole-
minutely summed up, leaving it to the jury to say
• the two witnesses they believed, Mr. Frost or the
Bartlett.—The jury at once found a verdict for the
for the amount eluinsed.

COURT OF COMMON PLEAS.
lAN r. TUE EARL or AluinGavestrtY.—Auz DEEM.
:Wert WILD ANIMALS ?—This case, which was pert
resterelay, was resumed to-day. The arguments were
fly lengthy on both sides, and a great deal of ancient
cited and appealed to. . The case, however, may be
stated as follows:—It was an action of trover,
t by the executors of the late Earl of Abergavenny
the present earl, to recover certain deer which were
Age Park, and which they contended were tame ani-
, and therefore prrsoaal property, and did not pass to the
The ease was tried before Mr. Justice Coltman, at the
sin Middlesex some time since. The questions which
ft to the jury were—lirstly, whether the park was an
legal park, with all its legal incidents; and secendly,
the deer were reclaimed and time, or whether they
wild animals in which there was no right of possession,
therefore passed with the land to the heir. The jury
a verdict for the plaintiff, stating their opinion that
TIE was an ancient park, and that its boundaries were
runt, a..d that the animals were not in a wild state,
d been reclaimed.
former day, Mr. Serjeant Talfourd obtained a rule to
cause for a new trial, on the ground—hest, that the
had not found a satisfactory and complete v. edict ;
ily, that the learned judge had misdirected the jury in
it to them to say *nether the animals were wild mod
.rk an ancient one ; and thirdly, that the verdict was
tome out by the evidence.— Mr. Serjeant Channel! now
;ed cau.e, and contended that the verdict was right;
the finding of the jury was complete, iummuch as they
found all that was necessary in stating that e
was an ancient one, and that the steer
tot wild but reclaimed, and the judge was correct in
g these questions to them, because they were the luta
tote. They also contended that as " enclorurc" eve,
of the necessary elements of au ancient park, and part of
franchise under which it was held, the addition of any
land to it, as was proved to have been made in this
put as end to the franchise, and it wee not lawful
freafter to confine wild animals within it. The deer were
tv no longer wild but reclaimed, fur they had been
d with a breed brought from Pensherst, were sot wild
rir habits, were fed, and often sold. They were clearly
A of possession, which wild animals were nut, and
)7 Irecoming personal property did not pass to the heir.
Serjeant lallourd, Mr. Serjeant Bytes and Mr. Willy;
heard at great length in support of the rule, but their
Intents resolved themselves into the fallowing contentions
irA, that the question whether the animals were wild
tame was net a question for the jury, and should not
been left to them by the learned judge
ly, that the deer having been originally affixed
freehold, nothing which bad been done in the
'feeding them, mixing the breed, or sellin them.
..ich had been relied on as doing away with their natural
wildness, was sufficient to reclaim them, inasmuch a-, the
same things were done to other animals—to tish and to
birds—and (lid not so operate upon theme in law. The deer,
therefore, could not be personal prrty. Thirdly, that
if the boundaries of an ancient park were extended the
• might have a right to complain, but that did not to
..e the franchise as to put an end to the right to the en-
closure of wild animala—The court took time to consider
judgment.
j

ADMIRALTY COURT.
Before Br. Luabington.
eIE SEII.INOAPATAII.—The Seriiippatam had run down
Harriet, and the court, on a former occasion. decided
t both erereir were wrong, sad adjudged them to divide
damage. To this an appeal was made to the Privy
Jouncil, who confirmed the judgment of this court. Ti;c
owners of the Marne now claim the amount of her damages,
but do not appear to fulfil their part of the engagement. The
court, therefore, refused the application, considering it
e:uld be doing an injustice to the other parties.
THE FELICIDADE.--MVELDER OF A PRIZE CREW.—
.is war a claim, made by the officers and crew of the
:asp, sloop of war, commanded by Capt. Usher, for the
capture of the Felicidade, a ship equipped as a slaver, but
which, when captured, had uo slaves onboard. The Wasp
at an officer and 20 men to take posse lion of her, and then
them; soon after, the crew on board the Felicidade fell
with the Echo slave vessel, with upwards of three bun-
d slaves on hoard; they took it, and then put twelve
on board of her, each vessel keeping company. The
moneys onboard thaelicidade rose and massacred the whole
. the prize crew, anl assumed pcvseision of their vessel
again . She was again recaptured by the Star sloop-of-war.
The court adjudged the Star to be the only vessel entitled to
.4 bounty offered by the government, and that the Wasp
arid no claim, the original crew having retaken possession ol
their vessel before condemnation.
„fig G ESSEE.—SALVAG K.—This was a claim made by
e owners and crews of the Buffalo Girl, Morning Star, and
.he Queen brigs for affording such relief tothe above vessel as
prevented her from be Mg lost on the Goodwin Sands in the
month of December last. The Peveril and another vessel,
which came to th, it relief, laid a claim also. The owners of
Genessee, an American vessel, did nos'ppo g
se iv-
ag some compensation! to these p for the
services rendered, but opposed the claim as being
too large ; the most essential service rendered to
the Geni ssee was by a steam tug, to whom they bad paid 12.i1.
for toning the vessel into Broaclitairs.—The Judge, in
Living judgment, said he would not refuse salvage to parties
rho had rendered so much service, and were instrumen,al
saving a vessel and cargo, amounting in value to 12,0001.
was also sensible of the great danger, risks, hardships,
and intrepidity which were encountered and exercised by
men in this service. At the same time, he was more dissed
te award an equitable amount for such services, and po
give
'very encouragement for the employment of steam-boats.
Ic felt he iihou!cl do an injustice to commerce if he did not.
tie would therefore award, after the payment of all ex-
penses and damages, a salvage of 1,2001. between the Buffalo
Girl, Morning Star, and Queen brigs, and a further sum of
3001. between the reveril and the Dean.

COURT OF BANKRUPTCY.
Ectore tdr. Cummiskoner Fonblangt.e.
Re THEORALD AND CltUacti.—This was the day ap-
pointed for the last examination of the bankrupt., who were
described as coke manufacturers, of Colchester and Deptford.
The balance-sheet not being filed tke examination was
adjourned for six weeks. The debts and liabilities of the
firm are slid to be about 8,0001. or 9,0001. ; the amount of
assets is not yet ascertained.
PROOF ON AN ANNUITY BOND.--. 111 the case of John
Morrison, draper, of Cheapside, in which a dividend meeting
was appointed, a proof was tendered on behalf of the mother
of the bankrupt, to whom, in 18;N, he hail executed an in-
denture guaranteeing an annuity of 501., in consideration of
services rendered in keeping his house and so forth. Very
few payments had been made ; and it was now sought to
prove, not for the present value of the annuity, but simply
for the amount of arrears, GOO/.—The Commissioner, after a
short argument, decided that the proof was admissible.
There was something like a consideration for the annuity ; it
had been granted so long ago as to remove all suspicion of
its havin been done in contemplation of bankruptcy; and
the mother might at any period have sued the bankrupt for
the arrears.
RE M.sitsit AND ?if/tem.—Marsh and Marsh, linen-
drapers.
of Hammersmith and Carnahy street, came up for
their last examination.—Mr. Ashurst, for the assignees,
asked for an adjournment, in order That the bankrupts might
be required to tile a more detailed account of their profits,
and show how they hail arisen. One of the bankrupts had
previously been in business on his own account ; be had then
taken his younger brother as partner, and leaving him to
manage the business in Carnaby-street had himself com-
menced business at Hammersmith, and there was nothing in
the accounts to show out of which concern the profits had
arisen.—After hearing Mr. Lawrence for the bankrupts, the
Commissioner directed the balance-sheet to be amended, by
a reference to certain backs of account which the bankrupts
had produced. The debts and liabilities are above 4,1001.,
and the assets are estimated at above 1,500/. The profits of
the two concerns were put down at 3471.

CITY SMALL DEBTS COURT.
Before E. Bullock, Eng., and a Jury.
HECK C. CHAPLIN AND ANOTHEIL—This was an action
to recover the sum of 201. for damage sustained by the non-
delivery of goods entrusted to defendants as carriers.—The
plaintiff is a poulterer, &c., at Hackney, and defendants,
Chaplin and Home, carriers. On the 20th of December, a
quantity of game, &e., was forwarded from Horncastle by
the Peterborough Railway, and ought to have reached Lon-
, don the next day, but did not till the 23rd. Plaintiff called
two or three times, and requested the baskets might be for-
warded to him by defendants. A clerk promised that this
should be done, but on the arrival of the baskets, instead of
sending them direct to plaintiff, they were left at a baking-
office for the Hackney carrier, and they were not taken to
him till the afternoon of the 24th, when plaintiff refused to
take them, having given notice to the defendants that he