The Express.
London, England, 1847-11-25 00:00:00

The rowdies given to creditors by that 'provision were ex.
traded by the 3rd and 4th Vic., chap. 82, to the " interest
Of any judgment debtor, whether in possession, remainder,
or reversion, whether vested or contingent, es well in any
stock, funds, annuities, or shares, u also in the dividends,
interest, or annual produce thereof, and to the like estate of
any jud. sent debtor in any such stock, funds, annuities, or
shares standing in the name of the Accountant-General of
the Court of Chancery, or of the Rachequer." Upon that
Wats of fair it was suggested that Mr. Baron Platt had
made the order, now disputed, upon a total misconception
of the provider of thou acts of parliament.
Mr. Mania, Q.C., and Mr. Peacock appeared yesterday to
show muse 'gaunt the rule to rescind the learned baroo's
order. They contended that the defendant's interest, under
the Lord Chancellor's order, in the dividends arising
out of the suitors' fund, came • directly sod specifi-
ca'ly within the terms and spirit of the 3rd and
4th Victoria, chapter B'2, the object of which was to
extend the remedies of creditors rebut the property of
debtors. The Ist and 2nd of Victoria, chap. 110, badmen
extensive powers to creditors; sod the object of the legisla
titre, in piessieg the 3rd and 4th of Victoria chap. 82,
was to increase them. The Accountant General should be
ecluidered, in the present case, the Mates for the late Mr.
Lysch, the defendant, who had an undivided interest in the
fond. His pension wee payable to him personally as long
r be lived, sod the Accountant Oeneral could not exercise
the right to withhold it, If, however, the court bad my
doubt upon the point the order ought not to be rescinded, as
the *Will would be thereby precluded from taking the
opinion of a court of error, wince he might do it the order
was allowed to stand, and further steps were taken with
referent* to it by application to the Lord Chancellor.
- Sir Fitzroy Kelly, Q.C., and Sir John Bayley,. in support
of the rule, urged that the order ought to be rescinded, as it
professol to charge not the " stock, funds, or annuity " of
the defendant, or the "dividends, interest, or annual pro-
duce thereof," which were the precise words of the statutes,
but it charged a certain pension payable to the defendant
out of a certain fund standing in the name of the accountant-
general. For the purpose of !staking the order effective, it
should charge some specific dock" or the " interest"
therein, or the " dividends" of tome stock standing in the
name either of the judgment debtor himself or of the sc.
oountant-general in trust for him. It was quite clear that
the legislature meant to empower judges to make orders
charging some direct and specific right of property in some
muscular fond. No such property existed in the present
cue. The defendant bad no interest in the suitor's
fund, or if he had any, it extended over the entire of that
fund, which was enormous. That would, however, hardly
be contended for. It was finally submitted that the order
was a bad one, and that the rule to rescind it should be made
absolute.
The Lord Chief Baron, after conferring. with the other
members of the court, said it was their opinion that the rule
ought not to be made absolute ; not because they thought
the order in question a good one, but because the car being
a very doubtful one, the order might be enforced if it be a
good one, and se they left it es it was. If it bee bad order,
then it could be successfully resisted; but if the court re.
winded it at once, the question at issue would be finally de-
cided, and the plaintiff would be precluded from his writ of
error. It was also a question of doubt whether the court,
sitting in banco, had soy Tinder
to rewind the order of
• Judge at chambers. Tinder all the circumstances, they
wire of opinion that the rule ought to be discharged, but
without car.
The rule was accordingly discharged, the effect of which
will be, that the order made by Mr. Baron Platt morns in
ft& faros.

LAMBETH COUNTY COURT.
Before G. Chilton, EN., Judge.
JACKSON O. KNIGHT.-LIABILITY OP A TENANT TO
FAT D01:1ILE RENT you OCCUPATION or PREMISS!! AFTER
EIPIRATION OF NOTICS OITBA ET HIMSELF TO LIAIS,
AND RIGHT OP PLAINTIFF TO ABANDON Excise OP
CLAIN &nova 201.-The plaintiff, land and ham proprie-
tor, claimed of the defendant the sum of 201., being a re-
duced amount of claim, to bring it within the eperatia of
the 9 & 10 Via, e. 95, for double rent for the easpation of
catain preasher, No. 24, Mulareerkpless. Old Kat-
mai', a otre quarter, after the salmi& a li mega" gives
by the debased to leave se Midsummer km, sad aloe for
h, fer misses incurred in obtalther aisles
The essepoin end smeary wen set. loud y thriteLde-
loadiatos she that the ease le pi had horn Pah opt
the sabsegenat ins•Psool : the •04 *Oh blili.illt" gilt
pert et gie defendant, ihst, tort the pram an
sot maid te ilea or is
for death ma, as mithispir
beat eat by the plaintiff apila sea Dit I ear:. .0.
Malliy, the prewar erne occeriod bay Ote delidant at a
mai ef 4IL per alma and the is* vest.
essmiattar le 211., the plaintiff was paseladei himeraringthrk
Si math, a the dabt Wog for teat • is
mat net be reduced or neades=rirs• Poo'
restiViwt beeaght within the eparatien ase is &10
lie.,
_tap. The amount of the ark sat bed Imes offend
kit helland.-The karma jay mid that both the °bley.
etas raid by the ihnhateemst hil, u it wee gets afar
ii lier tat the delbpdal babe given a WO notice is
ilk wee tininitasieV witli ask ease. ea that in de,.ec
fedi of se plaintiff .mes- maid ti s
hr sad deka • rest he tin eseepeetay et,
tie preame Misr that thee ; sad that with re.
Lola the Mesa *aloe, it ems also deer that
min of the eat ramie phi l& the power of
aboarialer the iota ef .aim aboialo4.. and enabled the
We te magi aa Other any eniikas not emeediag
POE; thimble the as ailed la leftmost for the
hall amonat.-The illitaiont amplird. int the pasta
bed malids kis faresear, ad g., _Li Ids taking other
pads* ' air that no use meld ehei amen to his pa
dim lier of darns, and that the inmates and
ether ponsa so by peeing over the vat he mightsoni'e
bersie.-Tha lased judge ultimately mai es oder for
=if the • full amount ahead, ark ardor aot to be
if ihradant paid 10k 101., the dark rent and Nets
On *miff aim.
CENTRAL CRIMINAL COURT.
OLD COODT.-.lthore He. Janice Coltman
Sour Parrank-Iferatie Rehm. Weal was placed at
the her. Hal is lesalisela tiara prissearkas esaated
at he Jae salsa el St
y, keorir of
the Ileale.Wietma Salina . WI
14016011 'Pan Pea geheaVNL jekilleewias
MOM% ~her ai ywa scrip . ea lastrameat et
a thezester eranalead by the .theiate relating th away.
There wee mom ladle ea mak a a
pea* naiad
Cadet Pasassy. M. Atrial Asinine *meter, ad
theirliadament wor perpoisabaie peas' "aka, as it wee
espesta that daring the ialereel the area judges would
give their dada ups teas plat of law. It appears that
the priberatmaa the asielpalina that the deathn might be
in hear ef the pli.s.r, have Mae reared an indicant
be, mil meseer egaina: boi .idsaame • and West at
sow pined et the-her De lie .1014, !pa that
-Mr. ifinase, -g.. r, acid that he
amid apply for a postponement afoot wags miasma
aor to the aor maga The jedges, ha sadarstoed, had
act
yth dedied upon the point of kw
poteih to them,
sad it seigba pdisr*sre aseseamy to at ell with
theithiliesa kr van the questa' at te the
May as dhpasell eke- . JesakeColtnea sad la *teed
Om, under he ►
eleswerhosees, the aggierha DM e reason-
able case, soda shah Mat the hilleanit hithhelemina
air is stead ewe M is asst siedon,-ila aplaia to
the ram effest, with aped te the other delhaParanry,
win bad been admitted Is laii was the leadeaad the
esurtosid his trial mud elre Mad over.
Poimervsas Hoinnar..-7:zi..Seif, 41, portman,
Vnsa "kV to a theillof • a atm containier • .
tlem the prepay of thi onalater•O•neraL-
Mr. Pates rlaan seamed dos paha te be transported
fee twenty yak
iimmar.-Johe CAiDeeh Altaidefier, was Mina '
deribliniolay aging ad log as and,, for the' delivvesryry
to imeity at hops, with bend is Aimed Meas. Nark
nag Oa, the owners of Pickle Himobilibeek The isol
hod 'the pause Guilty, but etrairly recammeaded ha
to may. He war sentenced to dr months' inspriesamma
sad hank hiss.
Tun OMMOMMT laLosiort.-datempt the last retake'
Ws by_is pal. pay was a " trite " one against Say
Robert Heasm for manalaistf:ay aiming the anima
nate explode. et the Cricket y ,teem- t•.
, • a
POLIC.L.--Ymaaa&T.
MANSION•HOUSE.-Atrama MenenthaliT ST A
BsoiU.-W. S. Cup etibille st MO to Thee. Plight,
of Bond Oak Bee.e, -Walloolethe wee iheired with having
mossory.-Memlie lam seek I mm clerk to
tialbeakakrigle, of Bind. raa,ialhosek, reatiesdan. The
paean wes napleyed ho rethierair el nate, sad paid by a
eatery of a ranee and a kilt a week. His duty traii to pay
over die 'Mann a the tents be leaked to see in the day
after the receipt 41 them, end I catered hem in the era
booms he mewl. He did are pay .ray money on
mums ot Ira, Botha a the tad er kd et Novena, or
a to as =time; ne
fie did he pay a say mammy teem I
;rig" hr. ergewat-lie. Walesa who ap.
0I
'sada is the
He
: Is aaa tam praiser • ,
nreen hear t-litsen: He a.-Mad. Witham: Does he
nere hash a Kr. Plight's mate?.-Witmer: He dew.-
Ur. Vadat : Is be ever paid wtdmit hanalag a the
rent P-1110161.: He b. -in Washer : &modem ?-
Wham: thentimes.-Mr. Warm e Maw, dims not hr.
Flight take all the he ea heesame ?-Wftnise
That is best known to Mr. and inpaleaser himself.
It doss not go shark too- lissia.-...M5. Wonsan.:
Do you not know thet Kr, alga Mein ' all the
v=s arising from the thetremia • lis_ „.. ~lf ? -•:
I cannot say. That's Mr. Flight bel s ...-Mr..
Washes : Why did int Hr. Plight appear lore tined( 1
It appears that yea nadeneeed antiing at all about** ba-
nns. --Witimare-liesset swear whether be maim the •
expenses m ask Thiygre aver paid over to me. tiseasa
say whether elianbiblet's or Sergeant's ea it a disende.
cams, bat the R:r night to pay to me whether Mies Mey.l
or sit, he, was matte sacii•kio.ot say air
•r-Mo• =hew :It ift. tin np hada* e
.rhs44a Wirth ke 1-Vithese : He le a • ges i.-ills se
deka began that far ears of,e-Blnaboak
I les the wife of Won Bolin. of No. kJ Be
.
plea Altharalatiest, is n tiamie ot ro.
0= in the lowiretim my rea. Oa 201.41
1 rap 55 . any
effisteriqut
for whist' .X '', Medi : the.
not Moak " " feek--Tke. • Prams 4.1 le is t '
etitriet 'et • Ask .she rat, bar, . Law=
sxpi#
tie . =ma .ft cart if , the
Her (to the Polloceo) : aye TM thq a berfet..-31
Primal!: I have beim at of my Wan that Maw.. i
The awes : The prisoner did not tell me he had the war-
ruie,--Jcila Sergeant, 21, Shaftesbary-p/sos. bookbinder,
said : I am a tenant of Mr. Filithea. thastimee the pri-
mmer, somatimes a link bey, it siesta my rent. I
paean the peissethe reap' for mat to the amount of