The Express.
London, England, 1851-11-10 00:00:00

THE EXPRESS, MONDAY EVENING, NOVEMBER 10, 1851.
...

ei50.........—..-...--____
that
it
ftna cited, which, after mime recitals sedsM . .
should be allowed to be master who was amphora
r::; other business, anal that if any nab maMse s_ _ _
aog..ct his bu•iness he should be discharged: ondoessers
thu nets sho be 4PPI" ", ""
of themebuildings,. and that a limited Ma
tewone
es.,uid be applied in Minor books, and that the Mall
Amid be paid to the masters for teaching the eftftdoem
two-minis to tn. head awl oue-third to the under oneltegt
elected by the high-ballr Of
thla the °law" with.hwwia
be
of the Bishop of W.l
zkikr•ma"". the
"wept
of good life and dellgllggs
or kb claacellor, and ehould be
ties, sad should continue nester no longer
othlr=
laved themselves properly and followed no
e
It aPP"I'd that
t escePti*" 7ereatak, talus
artitied some to the domm dos
bar
proposed, and that the commute ri
ft
theesad concuss.th Chancellor then con rmed the demi al
mmissi In 1825 a scheme was settled snag*,
order of this court, sad no attempt was made to
coc.stitutioso till 1812, when it was, by decree of 11114M1180
1812, in • matter entitled the Kidderminster Free Omani
ass SChUol, referred to the Master to report a scheme, said
in pursuance of which be reported on the Mho( November,
PHI, that the yearly income is 1825 had been 4014
and that et the then present time it was 507 f. per analsol,
and that it wou:il shortly be increased by the Wag
badb ut certain leases ; that the number of free wham
ees 40, but that the number erns greatly reduced ;
that the present head master was 00 yeah old, and woo
willing tI. retire on a pension of 1801. per annum ; that the
under master was 70 years of age, and was also willing to
retire on a pension of 1001. ; and in a schedule to the report
certain mucks for the future regulation of the school were
set out, of which tee following were the most important.—
That retiring pensions of 1801. awl IOU!. should be paid re-
spectively to the head and under masters ; that the bishop
should be visitor, and the vicar of Kidderminster a trustee
of the 'awl ; that a sum, not exceeding 401. per annum,
should be applied out of the rents to repairs, the purchase
of Meeks, and prix v ; and that the payment of salaries
should then be provided for out of the rents, and the resi-
due should be invested; that the masters should be mem-
bers of the church of England; that the school should con-
sist of 40 boys, sons of persons who were members of the
church of buit.and,rmi&ng within the " town and foreign" •
of keldennineter ; and that if there were not sufficient ap-
plicauoas from such boys to till vacancies, that boys might
be selected from beyuad those limits ; that the eelueatient
of the buys should be free, except that for writing, arithmetic,
and geography there should he a psymeut of 11. per quarter.
ant that in addition to the forty fret scholars other scholars
might be admitted who sheulet pay not less than 21. per
quarter. That the master should appoint one or more as-
sistant masters. That the scheolen.ter should be allowed
to take such number of boarders as the trustees should ap-
prove, .I. .y paying such sum as the trustees Mould appoint
for their education. That the salaries of the head and
under masters should be 3001. nod 1001. per annum and a
home respectively, and that it should lie competent for the
master to reside, nut in the house which was attached to
the school, but in any more commodious one, and that in
such case the schoolhouse might he let. That the daily
Lueinew of the school should begin and end with prayer,
and that a portion of Saturday should be devoted to reli-
mous instruction. That the boys should ire to church on
Sunday attend:el by one of the meters, unless absent by
leave of the trustees. That no boy should be admitted
under eight or above thirteen years of age. 'The report of
the master was confirmed on petition, and ou the retirement
of Me head master the Rev. Win. Cocking was elected ,1
and in Kim, circulars which were sent out it was stated •
that the master world be allowed to take boarders. A new
under-master was also appointed. Shortly after his ap-
pointment Mr. Cocking purchased a house and nine acres
of land, cad fitted the house up for the reception of fifty
boarders ; and hi, house was shortly afterward, exchange&
with the trustee, for the old school-hoax, under the prod-
seine of 3 & 4 Geo. IV. Cocking had since sold the old
schoolmaster's house, hut the school itself was still carried
on in the old school building ; and it was agreed that the
trustee. should give up the old house, and that a new !school-
house should be built close to the master's house. Endow
these eircumetsuices some chauste of scheme became mow
eery, and a petition was se
on this court by Cocking
and the vicar, and ou the 10th of March, 1818, it was ree
fined to the Master, who approved of a new scheme in nibs
stone* the MIMe as the preceding, except that the head
mister was for the future to receive 2101. per annum sad
the house at Woodfield, anal the under master the house
pro:Tem-1y occupied by the head master. This scheme wan
continued by the court on the 17th of November, 1448, and
on that scheme the school had been conducted ever since.
Oa the appointment of Mr. Cocking the number of free
scholars re. to 63, anti that mauler, in Gill had increased
still Mettler. Alter that time the number of free boy, de-
crease il, and that of Warden increased. When Mr. Cock-
ing wet appointed no payment was required from the free
boys; but from Nlichaelms., 1/443, free boys in the upper
wooed were required to make a quarterly payment to the
heed muter, mid only L,,tin aid Greek were taught for
nothime, and payment woo nude fur writing and arithmetic.
liefore the scheme of 1841 all bays were admitted who
mould read, anal no distinction we, made between members
of the church of England wail die, ntene. The new state of
things created dissatisfaction, end a meeting of the inhabi-
taut. took plate, the mull of which w3ll that a committee
was formed, and subwriptioue entered into, and petitions
were presented to the chancellor and the bishop. The
principal objections were made to the quarterly payments,
wed that the number of boarders was not limited. The
answer returned was to the effect that the quar-
terly payments were in accordance with the scheme,
and that the bishop should scot consider himself
justified is interfering with the discretion of the
trustees with respect to the limitation of the number
DI boarder.. This application having, therefore, failed, the
prewat information was filet, the principal allegations
Leine th at the rental of the property had increased to 795/.
per annum, mad would increase still further—that the in.
tertian of the (molder was that the school should be free,
and uu opyaueut made for wrieiug, arithmetic, or geo-
graphy ilfat tile prekrreie given to boys of the church of
Krce.asi.l, and the non-adinieeion of boys under eight year.
of age, ',weenie,' many person, from wading their sons
who would otherwee du so—that the boarders were
allowed to compete for the prise., =III gained them, call
from the greater ewe that was bestowed upon them by the
maiden—that the exchange which had been effected with
reference to the property had been done for the purpose of
enabling the master to Like more boarders, anal that the
mien.. of the school had been injured thereby—and
that there was, in fact, no jurisdiction in the court to make
the order for the schemes of April, 1842, anal November,
Ist,. the answer of the trustees was, that the rental was
&Mt per YOUYIII, and that they were advised that the school
was nut one for the teaching of writing and arithmetic,
and that payment, have always been made for instruction
in the.e subjects, but wave sot, and never had 'been, made
tor Latin and Greek. They then set out minutes of pro-
ceedings of the trustees in 1740, which prusided that the
usher aliould be able to teach Latin and Greek, and also
AntaisK and arithmetic, but should out be obliged to teach
the latter toles the parents of the boy would engage to pay
Wm ale. per quarter; end another minute in 1777 was also
set out to the same effect. That as to the religion of the
limy., the bishop had always been the visitor, and the
maser a member of the chuieii of England, and that the
school boys had always attended church ; but that they (the
trustee) did nut prOpt.` that' present limitation before the
Matter in Chauce ry, which was, in fret, proposed by the
Athena ).Oesend, who contended that it was a church of
England echoed, anal that they (the trustees) were quite
willing to have that matter ehangiel, but submitted that
the. children should be instructed in the doctrine's of the
church of England. That the usage had always been to
consider "goal literature and learning" meant Latin
and Greek, and that payments ought to be made for
every thing else. That it would not be useful to admit boys
under the age of eight ,years. 'that as to the prices they
base not come out of the funds, but have been given by
the muter, and that all contend equally for them, and
that on some occasiune the free boys hive gained more than
the boarders. That though the Coeds of the charity would
be sufficient to provide inferior Inas they would not be
sufficient Air
to obtain such m esters as it arable to have
without the aid of hoarder'. That were willing to
admit diseenters, but submitted tha in that respect
the wheme should not he altered. That the exchange had
bees beneficial, anal that the old school-room was inconimo-
thous and situ ate in the vicinity of a crowded grave yard,
anal that 1,4U01. had been expended in the new building.
The answer of the master set out several documents in 1768
and 1773, showing payments of five shillings per quarter to
the under-master fur writing and arithmetic, and submitted
that he should nut be prevented front taking boarders as he
had taken the situation on the understanding of
so doing ; he admitted that the inhabitants ob-
jected to the payment, and that it prevented many
from availing themselves of the school who would otherwise
do so. There was a great deal of evidence read as to the
meeting of the inhabitants and the value of the property,
arid it was assorted that if properly managed the property
would be more productive, and to show that the •
was improvident; also with respect to the age of adult=
siert, sad to show that there was an Impression that the
boo:dots were favoured aid better attended to than the free
boys. The evidence of the defendants was principally do-
cunsentaqs, and adduced for the purpose of showingthat pay-
ment,' had always been made fur writing and arithmetic, and
that in all the old leases the school was called a free grammar
school. It was argued for the relators that the court should
altogether disregard the orders and schemes made in 1812
and 1848, and this was put upon three grounds—first, that
the decree of the commissioners made under 43 Elisabeth.
and confirmed in Chancery, could not be altered at all ;
secondly, if it could, it could not be done by the NM-
usury process under 52 Gee. 111., e. 101., commonlyealled
Sir Samuel Homilly's Act, nor under 3 4 Viet., c.77—the
Grammar School Act ; and thirdly, that this was not ageism
mar school at all. He (the Vice-Chancellor) was of opiates
that be could nut reject those schemes altogether on any od
those grounds. The first point was put on the &adze,*
of " Windsor v. Farnham " (Cro. Car.. 40), and terteMee
sons are &limed for the dostrine there laid down; ant, the
the decree in Chummy takes its authority nab, do
statute, which only aloatioas sae examination ; sad
secondly, the* the lipped is itself in the nature of a kilt Ild
review, and this. mold bo a 111 at review upon a bill et
meiew ; the Warr seam Germ* to him the most saws.
Swim ; bat lir ass Wei MOON, ens is which the dr
nano mold art la shared, eatopt by Die of maim ; bat is
the passat ei.
is dowse of the oraroisidmen went no further
this as dr dimity, awl that wart was otatstaady !
in lb.ha et alitatiag Eseress, and Its did sot think the
renmaid dorm& sa the bra et the dome. As to
........... of ter sit was salsa gasisal,
ail inve Or !ammareyjellmiliatiosbtrslitasala may owe
at WM& it a trait, or of a trust, armiad
. he &While .
_IIIR:" wadies lid down to the arm
And. lanai la osesidaati is ash ass Thathar.ii: it
caw ia wide this est Tizzibi, ea the 3rd puma be
soda eatallnlh as doubt. It miss=
flat "gm iihnl," dill, ail NM "keg

lOW " "Aarawarrewmal w. Sob= • CI 1., 641),
ant that ifie nee la so sawn* to what was
Is be Wilk but be dm.* ow taws of the
=TO fir W show that it was a foundation for the
bousesse, and it was called grammar school in all
fandennininfis• Oa the other band it was raid by the de-
taiga teat the ease must be oenaidered es settled, and
wanail only be altered by bill of review or bill on
µacof now facts ; but he thought the Attorney-
Illmaing Webs apply, and if be thought it beneficial was
int In to have the scheme altered ; and the court
egonetly did alter schemes when the course of time re-
op=and Lard Cottenham had held that he was not
by decree of Sir Wm. Grant. But though cont-
inent* interfere, the court must proceed with the utmost
MAW and must see not only that eke present scheme did
am beneficially, but that another could be formed
wYi Wald act more benelkially, and he considered that
Sri ~don was cast upon Looking at the sei-
nes, ha mould have no doubt that more boys would resort
M the adhael If the scheme was altered. The inhabitants
had balm aijoyed a limited education at a free rate, but he
did net see any mode by which the system could
be altered se as to help them. He could not
alter the int &Hon. Some of the questions raised were
of great isapertaace. With respect to that of boarders, it was
argued that none should be admitted, because the income
of the charity was sufficient without, and " the Attorney-
General c Lord Devon" was cited; but he did not under-
stand that any general rule was laid down on the subject.
Each cue must depend upon its own circumstances ; this
was a school for the education of children in Kiddermin-
ster, and not for children born in the place, and if the mas-
ter was prevented from taking boarders it would be impot-
sible to prevent other persons taking them and sending
them to the school. But it was said that greater favour
was shown to the boarders, and that the difference of grades
created ill feeling. It was a sufficient answer to the first
objection that if it were so it would be an abuse which the
trustees would be bound to put down ; and to the second,
that inequality of grades must always eiia in such schools,
and that if there were disadvantage' on the one side there
were adsanttges on the other; that it opened the avenues'
by. which the humbler chases by activity and good conduct
might raise themselves above their present position; and that
it tended to hied together by the strongest ties the whole fabric
of society. The objection on the ground of income did not
settle the matter; the question was not whether a competent
man could not be secured by the funds, hut by what means the
best man could be obtained, and he could not, under a•iy
circumstance., have excluded Mr. Cocking from the privilege
during his life. lie was, therefore, of opinion that that part of '
the information mast be dismissed ; and he had thought it
right to go into that part of the case at great length, be•
cause he found, by Ur. Carliale's book, that there was
hardly a school of this description in England where i
hoarders were not taken, and it was highly necessary that':
it should be known that, though the (undo were sufficient,
this court would not lay down • general rule that it
was illegal to have boarders. As to the question of pay-
ment, the information must also be dismissed. The evi-
dence reduced it to this, whether it was desirable that''
instruction in writing and arithmetic should be given or
not, and he thought it was desirable. Then, as to the',
minor points, such as the age of the boys, he considered
them purely matters of discretion for the trustees. There 1.1
only remained the question of religion—whether the boys
must belong to the church of England, and re-
ceive religious instruction in the doctrines of the
church of England. There was, he thought, some reason
to suspect that that was in conformity with the original
intention. But the usage had been different and that must
prevail, and he thought therefore that that provision should
not have been contained in the scheme. The scheme settled
in the Warwick case seemed to him to be the beat in such
Cabei, and he should direct the scheme to be amended in
conformity with that. Then as to the exchange, it was a
matter for the commissioners to consider whether or not it
would be beneficial, sad they had determined that it was.
The decree would therefore be to dismiss the information
as to all the matters except those relating to religion, and to
amend the scheme as to that; and to save a reference to
the Master lie would look over the amendment himself if
the parties would agree to that course ; sad those parts of
the information which were dismissed would be dismissed
with costs, and so far as he gave relief it would be without
costs, because be highly disapproved of subscriptions get up
at public meetings to contest matters relating to charities,
which caused the funds of charities to be dissipated; and,
moreover, the relief which was granted was not the substan-
tial ground on which it was sought to obtain relief, fur one
at least of the present relators had attended before the
bishop and had objected to the admission of dissenters.
Baths V. FENWICK.
The solicitor concluded his arguments in this case fur
the plaintiff.
Mr. Holt and Mr. Selwyn were heard for the defendant
Fenwick.
Mr. Bethell bad just commenced his address on behalf of
the defendant Deckhouse, when the court rose.

COURT OF QUEEN'S BENClL—SkrunnAy.
Smrmue BAJKO.—ISSPIPJ LOSOCIUMELL, M. PATO, N,
asp Ma. Joann COULItIIK..

MARTEN a. BOYS AND OTMZIM.—TREsPAes /OR CETTINO
ORNAMENTAL TREFE•
This was an action of trespass for cutting and lopping
certain ornamental trees which overhung North Bar-street,
in the borough of Beverley. The defendants pleaded that
they had the lease and license of the corporation, in whom
the soil of the street wu vested. The replication denied
that the soil of the street belonged to the corporation. On
the trial at York before Mr. Baron Platt, the jury found
for the plaintiff, with 30W damages, thereby disaffirming
the allegation that the right of the soil was in the corpo-
ration. The defendants principally relied on a charter
granted by James 11. to the corporation of Beverley, giv-
ing the right of picker (which consisted of sums paid for
disturbing the surface of the soil) and other privileges; and
also on certain annual payments made by the former occu-
pier of the plaintiff's house, and by the plaintiff himself, 1
For encroachments. On the other hand, the plaintiff' preyed
that the Earl of Yarborough war lord of the manor, and
held under a more recent grant from the crown, and that
the payment of quit rents had, at various tames,
been made to him.
Mr. Atherton, Q.C., now moved for a rule for a mew
trial upon the ground of misdirection, that the reran& was
against the evidence, and that the damages were ezesaim.
Ho submitted that the learned judge ought not to have left
it to the jury to come to a decision upon the evidence, but
that he should have directed them upon the law of the
case ; and he also contended that the damages were most
caressive, as the trees had only been carefully lapped, and
had rather been benefited than injured.
Rule granted.. '
,
aHa QCERN V. THE EAST LONDON WATERWORKS
Con PANY.—LIARILiTY OF THE COMPANY TO EL KATE')
to The rook.
In this case a rate had been made upon the defendants
in respect of certain mains and water-pipes which they had
laid down in Mile-end Old Town. The defendants had ap-
pealed against the rate, but it had been affirmed by the'
Sessionk. A special case was thereupon prepared, with a
view to take the opinion of this court upon the question
whether the defendants were rateable under a local act '
passed in 11121, by which the trustees for paving and light- '
I mg the district (and who were the prosecutors in this case)
were appointed.
The Case now came on for argument. Mr. Peshley was
heard for the respondents, and Mr. Built for the appel-
lants.
Lord Campbell, in giving judgment, said the defendants
Ware assessed for their mains and pipes tired in the ground
sad need for the conveyance of water in the several streets
of the district ; and the question for the court was whether,
under the act of parliament, the company were liable to be
so assessed. He was of opinion that they were not, and
that, al they were the proprietors of certain sub. I
this
sub-
jects that t be considered as tenements, yet they were
not made lab le to be rated according to the ounstruetion of '
the act of parliament in question. There was no doubt'
that under the 43rd Elizabeth , the act fur the relief of the
poor, they would be liable. Hero there was a particular
enumeration of the subjects which were to be rated—" ale,-
salines, tenements, coach-houses, stables, cellars, houses, or,
other buildings, tenements, or hereditamenta." lie was of
opinion that the general words, " tenements or heredita-
menu," must be interpreted according to the antecedents.
That was the interpretation given to a similar act of parlia-
ment in the case of the " Queen and the Manchester and
Salford Waterworks Company," and he did not see that the
present maw could be distinguished from that. Moreover,
he was of opinion that this was a stronger case for the ex-
clusion of such matters as pipes and conduits. The deci-
sion a the sessions must, therefore, be reversed.
Bt.:SIMMS OP TIM Cogent.
LOPILVIseII mid that on Monday (this day), after
going . the her, the court would proceed with the
enlarged paper, mad when that was disposed of, take
the mown paper.

COURT OF COMMON PLEAS.—SATIAIDAY.
Ownsas It anitoo.—Bareic fano Awrica Joann, Xi. Janes
WILLIAM, W.l) Ma. Ja nn TILL/01:10....

REWARDS AHD OTEZILA C. THE GREAT WESTERN
RAILWAY COXFAXY.—THs CAREIZILS QUESTION.
This wawa action broeght to recover a sum of money
amounting to 6,1201. from the defendants. The plaintiff's
were imitates of Mr. Parker, the carrier, who had paid
numerous suns to the defendants under protest, which sums
were now sought to be recovered. The matter came oa
upon a special case which contains a great many heads of
claim, but the principal question was whether the company
was right In charging Mr. Parker for parcels separately
instead of in the aggregate according to the tonnage.
Mr. Serjeant Byles and Mr. Brown were for the plain-
tiff. ; and Mr. Keating, Q C., Mr. SerjeantChannell, Mr.
Pollock, and another learned gentleman were for the de-
fendants.
The case occupied the whole of the day, and was not con-
cluded when the court rose.

COURT OF

r.--SATI:RDAY.

Emma Ms. 011131311603F1M Las.
IN Al QULDLINO.

The hash:opt, B. Y. irsaii;i:;;;lNeribmi as an iron-
Ilverbir and railway metope lashier, d the Grey Friars
W Ifewteh, tarry* le loads raw Ile dna of Quad
lies sal Thiswas sarnemodieselleshe the last exa-
witsGed. Theleimoodmook poopmed Num Glover, of'
Grafdaldatap, iambi hen the let Janwary, 1849, to Ile
ligt&lL4 add esaidaed the Moeda :—To
irk OM; diredir:dia...llsaswei
psWl of SAM
&Ma. ; egad .1 B. P. Quedliag,AGelpaiWte, ern.
G. (a deemed partner), MOIL GAOL By
daises, LAU. ; property realised, ; as eseurity,
.=bade shames, 1,0311. ; dissent 421 Mom;
the impost to P. Conde; Mat. ; law
Mt ant mom% sw.; antra Ord by geidling, behari
4 gabs bai Woo lOW

Mr. Linklater he Ibe lirskapt, asked for • farther
adjourument, stades Sot tie singea via the Eastern
Mason Railway Oars rembentlegl lenatmetions to the
swat of 32,0001. he hem bat Trendy Mod.
Aldricrc, hr Sr assignees, concurring, an adjourn-
Mat was agreed to.
Ire ix CLAY.
TO& was the certificate meeting in the MC of Edward
Clay,draper, of Eastry, Kent. His accounts, prepared by Mr.
Butler, of Basinghall-street, extended from the Ist of
January, 1849, to the Ilth of August last, and showed •
rumor 5901. due to creditors, with assets estimated at 3821.
There ware no profits, but an entry of 2841. as surplus at
the commencement of the account ; trade expenses, 3081. ;
domestic and personal ditto, 791. ; losses, 871.
Mr. Buchanan supported.
Mr. Cooke opposed for the assignees, and stated that the
bankrupt had compounded with his creditors in 1847. In
1848 he obtained credit to a considerable nmouat from Mr.
Pearson, draper, of Canterbury, giving him a warrant of
attorney. In July last, the debt amounting to about 5701.,
Mr. Pearson pressed for payment, but was put off from
time to time. On the 11th of August Clay was declared
bankrupt on his own petition. Mr. Farrington was
sent down to take stock, and his practised eye detected
that there bad been a removal of goods. The police were
communicated with, a search warrant was obtained ; and in
the back premises of a house, where the bankrupt had
formerly kept rabbits, in a hole under the flooring they
found property concealed worth 1001. The removal read se-
cretion of the property had been admitted by the bankrupt
at a private examination. Ile had stated that he had per-
sonally removed the goods, without the assistance of any
second party; and his excuse was that he was desirous to
prevent Mr. Pearson taking the whole of his property by
execution, to the injury of his other creditors. He had also
said that he committed the set in order that he might not
he without money for his family. On the evidence of the
bankrupt, he submitted that if a certificate were granted in
this case, it would ho wholly void.
The bankrupt, in explanation, said he had been induced
to commence the business at E istry by Mr. Pearson, under
the promise that he should have the pick of his stock at a
profit of 2; per cent. Instead of so doing, Mr. Pearson
had sent him the worst part of his stuck from Waterloo
House, Charing-cross, and that subsequently he directed
him to sell a portion which had been invoiced at 971. The
name had realised only 29/., and thereupon Mr. Pearson
had promised to allow him the difference in the account.
Altogether, property that had cost 216/. had been thus
disposed of for 96/., and Mr. Pearson had never allowed
him one farthing. His debts. except 281., were due solely
to Mr. Pearson, who had been cognisant of his contracting
the whole. Ile considered that Mr. Pearson bad treated
him very harshly, and denied that he had concealed the
property in contemplation of bankruptcy.
Mr. Buchanan. for the bankrupt, submitted that as he
had revealed or admitted the concealment within a month
from the commission of the offence, the terms of the act
had not been so far violated as to render the offence com-
plete. Hence, it was not imperative on the court to re-
fuse the bankrupt's certificate, and that without pro-
tection.
His Honour said it was no question for him whether
Mr. Pearson had treated the bankrupt harshly or not, and
of that there was no evidence beyond the bankrupt's own
statement. If he were to listen to excuses for the commit-
tal of offences, he should fail in the discharge of his duty
The bankrupt had clearly committed the offence set forth
in the statute; he had no alternative but to refuse his cer-
tificate altogether, and to withhold protection. The case
was the first of the kind that had been fully established
I before him, and he trusted the punishment would operate
as a warning.
Mr. Cooke asked for a certificate, putting his client in
the, position of &judgment creditor, so that ho might arrest
the bankrupt.
His Honour said he had no power to refuse the applica-
tion. It would be granted as a matte: of course. Ile
should have been glad if Mr. Pearson had considered the
total refloat of the bankrupt's certificate an adequate
punishment for the offence he had committed. The bank-
rupt would be released when he had been in prison four
tnonths.
Bankrupt—Will your Honour grant me protection during
return from the court.
; but you may leave it as soon as

you please.
The bankrupt took the hint, Mr. Pearson's solicitor re-
marking that that gentleman had no wish to act harshly
towards him, and that his person would be safe from ar-
rest as far ss he was concerned.
Di /..1, Ms. rowmotomut G•n•ucaa.
Iv Ur FRENCH AND SANDIE
The bankrupts were described as coal-merchants, of
' the Coal Exchange and of Chatham. This was the
meeting fur the last examination, but tho accounts
not bring filed, Mr. Lawrence, on behalf of the
bankrupts, asked for an adjournment, which was
granted. From a preliminary statement it appears that
the total liabilities of tho firm, on bills and to bona fide
creditor,, arc about 36,01101., about 20,0001. of the bills being
on consignments and advances. The stock in trade, fix-
tures, &c., are estimated at 1,3001. ; debts due to the Lon-
don house, 11,0001. ; to the Chatham house, 6,1001. Of the
debts about one-fourth are considered good, the residue
doubtful or bad. The liabilities are thus divided between
the two houses—the London house, 31,5001. ; the Chatham
home, 3,.1001.
Bunts Ifs. Cc 11111,01014111 UOLSIAI).
IN Re CASTELLI, GIESTINIANI AND CO.
A petition for adjudication was this day presented and
signed against Frances Castelli, Giovanni Baptista Gins-
Unseal, Saverio Ciutelli, and Francesca Frencescovitch Brag-
giotti, of No. 10, Bury-court, St. Mary Axe, merchants and
copartners, carrying on hairiness with Leonardo Giustiniani
and Brice Giustiniani, trading in the style or firm of Cos-
Giustiniani and Co.
Messrs. Lawrence, flews, and Boyer were the solicitors
for Messrs. Lafuente and Webster, merchants, of Liverpool,
the petitioning creditors.

LNSOLVENT DEBTORS COURT.-SATURDAY.
Bemis Ma. C 014.111.101.1111 Namur..
IN THE MATTER or Mon Dorrixo Battu/env(
D'Aner.—A GENTLEnAN we TUE Tour.
This insolvent, a gentleman on the turf, was appointed
to be heard under the Protection Act, having been protected
from arrest since August last. His schedule exhibited
debts on account of horses, and among the creditors ap-
peared the name of John Scott, the trainer. The insolvency
was attributed to the non-payment of 2,0001., alleged to be
due from Lieut. Kennedy, of the Indian army
Mr. Dowse informed the court that Mr. D'Arey did not
inu nd to appear, because his description was incorrect.
Mr. Nichols said he appeared to oppose for " eighteen "
creditors, and his learned friend, Mr. Sargood, appeared
for two others.
Mr. Commissioner Phillips—What, 20 creditors! There
aro more creditors than the insolvent has names, and he has
a good many. (A laugh.)
It was stated that a gentleman had come from Scotland,
to be examined in the case.
Mr. Commissioner Phillips expressed his intention to do
nothing in the case, as the insolvent had not thought pro-
per, after having the protection of the court for some time,
to appear.
Mr. Dowse said he was instructed, on the part of the
insolvent, to ask that his petition should be dismissed.
Mr. Commissioner Phillips would do nothing of the kind.
It was a scandalous proceeding. Advantage bad been taken
of the Protection Act, to get protection for some time, and
now that 20 creditors were ready to oppose, the insolvent
set his creditors and the court at defence. It was a scandal-
ous state of things to be allowed.
Several creditors thanked the learned commissioner for
the opinion he had expressed.
Mr. Commissioner Phillips—Gentlemen, the law allows
it. I think that it is a great discredit that the law should
allow, without some penalties, that a man should keep his
protection iu his pocket, and after laughing at his creditors,
set them and the court at defiance. Every creditor who
has an execution can now take him, as he has no protection
from this court.
The insolvent's attorney said he bad seen him yesterday,
when he stated that he should not appear. He had ob-
tained a letter of licence from some of his creditors, and
another reason was that his description was not properly
stated in his schedule.
Mr. Dowse thought the insolvent bad done quite right
in not coming to the court when there were executions out
against him.
Mr. Commissioner Phillips said he was "quite wrong"
in keeping away after he had had the protection of the
court. The learned commissioner emir/need the schedule
filed by the insolvent. He said the debts were 4,2721., and
1,2371. were without consideration. There was a large
debt for saddlery • and Lieutenant Kennedy was stated to
be a debtor for 4000/. Where was Lieutenant Kennedy ?
It was stated that he had within the last few days sailed
for India ; he was at the Old Bailey in the ease of Coyle.
Mr. Commissioner Phillips again told the creditors that
they could put the insolvent into prieon. He should not
think of dismissing his petition, and, after the exhibition
made, he should not think of giving him any protection.
On being arrested he could apply under the other act of
parliament, and the creditors might depend upon it that
their complaints would be heard.
The case was struck out.

CLERKMNIVELL COUNTY COURT—SATuRDAT.
JACLBON T. TOMI443.—CLUTION TO TR/IE443MM.
This was an action to recover the sum of 101. as com-
pensation in damages for false imprisonment.
It appeared from the evidence that on Saturday, the 6th
of September last, the plaintiff went into defendant's shop
and asked for change for half a crown, and defendant gave
him 2a. 6d., but on 'meting the half crown in the detector
he discovered it to be bad. The plaintiff denied that it was
the one be bad tendered, and accused the defendant of
ringing the changes," and refused to restore the change ;
whereupon the defendant gave him in charge, and he was
detained is custody till the Monday, and then held to bail
for a week.
Mr. Chew, his employer, who gave him an excellent chi-
ratter, became bail for his appearance.
His Honour, in summing up, said the question was whe-
ther the plaintiff passed the half-crown, knowing it to be
bad, at the some 1:140.3 he could not help thinking that the
defendant had great provocation.
The jury gave a verdict for the plaintiff, damages 31.

ROYAL COLLEGE OP St.rdozox.s.-11e following
gentlemen having undergone the necessary examinations,
were admitted members of the college on the 7th inst. :
Messrs. B. Bowman, Richmond, New South Wales ; W.
Haughtes, Dublin ; B. Paterson, Loudon ;H. 8. Col-
ston, Bombay ; J. W. Howard, Fencharch-street ; J. Wills,
Shaftesbury, .Dorset; W. T. Colby, New Melton, York-
shire; W. Robinson, Carlisle; and W. W. Harris, Aus-
tralia. At the same meeting of the court Messrs. F.
:1 and IL Naha pawed Wit examinations for
111e:degeede,

THE POLICE COURTS.
MAN SION-HOUSE.
R. King Fletcher, a whitesmith, from Tewkesbury, was
charged, upon a warrant signed by two magistrates of that
town, for the nonpayment of • poor rate amounting to eight ,
shillings and sixpence.
Mr. Goodman (the chief clerk) informed the alderman
that the expenses accumulated upon the unfortunate man,
who, in all probability, was not able to pay a shilling,
amounted to the enormous sum of 71. 195., so that the
mend was: was at that moment 81. 72. 6d., the originalclaim being
no more than Bs. 6d.
31azisttate—This is certainly a most extraordinary case.
How does it happen that you are placed in this difficulty
for the sum of Bs. 61. ?
The defendant—l was not in Tewkesbury at the time the
warrant was issued. I was in London, out of employ-
mimt, but the summons was served upon my wife. I have
every reason to b,lieve that spite has a good deal to do
with this proceeding against me, or why should I be fol-
lowed to London at an expense which they must know I
could not pay.
Magistrate—lf the case be as you describe it, the pro-
ceeding has been indeed a very strange ono. Where are
your wife and children now ?
The defendant—They are with me is London.
An officer from Tewkesbury having appeared for the pur-
pose of executing the warrant,
Alderman Wire asked the Tewksbury constable how it
happened that the expenses were so large?—The officer
replied that the defendant was able to pay the rates which
he had refused to pay, and the authorities had accordingly
sent after him, and the expenses had been incurred in
travelling and looking after hum.
The Defendant—l am not able to pay the rate, and am
not able to pay the demands; and that was well known in
Tewkesbury.
Alderman—l have no alternative but to hand the de-
fendant over to the officer. I cannot, however, do so with-
out stating that the inhabitants of Tewkesbury are, in my
opinion, bound to inquire into the mode in which their
moy:imono
s expended in looking after poor rate payers, and the
disagreeable and inevitable consequence of being obliged to
support families because the fathers of these families were
unable to pay small amounts upon demand.
The defendant was tkca taken away by tho Tewkesbury
officer.

GUILDHALL.
Mr. Macnamara, the proprietor of a number of omni-
buses, attended again upon an adjourned hearing, for using
the omnibus, No. 7,233, from the Kingsland-road to the
City, it having a cross seat inside at the head, which hay-
ing been shown to be not convenient, fit, and proper for
the accommodation of the public,
Mr. Mementoes said be understood he was to have an
opportunity of trying to make the omnibus convenient, the
alderman suggesting that the arm should be removed and
the side shortened. After three disinterested witnesses had
testified that the seat was inconvenient he would not per-
sist in keeping it. He lived by the public, and must attend
to their convenience. He therefore should plead guilty,
and promised not to use the omnibus again till the end
seat had been removed.
Mr. Alderman Wilson said the magistrates had given no-
tice that they would inflict the full penalty of la if any
new omnibus were
_launched with the objectionable seat.
Mr. Afacnamara had persisted in considering that the crass
seat was legal ant convenient, and he should have the op-
portunity of ,having that question settled at the Quarter
Sessions. lie would be glad to have the question discussed,
and, if the seat were decinal legal, there would be ground
for going to Parliament again to get the law altered.
Mr. Maenamara said if the alderman convicted him he
would certainly appeal. His omnibus was an inch and a
half longer than the Waterloo omnibus which several magis-
trates tried and agreed to bear with on the 19th of April.
Ile regretted, however, that his appeal most be from Mr.
Alderman Wilson to a bench of aldermen.
The alderman then lined him 101., and the defendant re-
peated that he should appeal.
WORSHIP-STREET.
Mary Teaks, a stylishly-dressed Jewish-looking woman,
who bus fur some time been notorious os " the Bethnal-
green fortune-teller," was charged with obtaining money
by false pretences.
Mr. Heritage, a solicitor, was engaged for the prosecu-
tion, which appeared to have been undertaken by the po-
lice, iu consequence of numerous complaints made, and se-
rious mischiefs alleged to be caused amongst the prisoner's
silly dupes, who, it was stated, came day after day in crowds
to her place.
Theresa Donnemede, a remarkably good-looking little
woman, of very respectable connexion and souse property,
was called as the principal witness, and stated that on
Thursday she first went to consult the prisoner, of whose
fame she had heard, and was ushered into her presence
alone, and a pack of cards being handed to her, which she
tut into three parcels as desired, the prisoner spread them
face upwards upon the table, and seemed to ponder care-
fully over them. She sat trembling to know her fate, and
said nothing. Having elicited from the witness by ques-
tioas much of her history and of the goings on of her lius-
band, she told her fortune accordingly, the witness having
first " crossed her hand with silver."
Mr. Ilammill c unmated the prisoner to the House of
Correction for one month.