The Express.
London, England, 1853-05-09 00:00:00

COURT OF COMMON COUNCIL.

TO DUBLIN.

On Saturday afternoon a special coast was held
in the Guildhall, " for the purpose of receiving a eament-
nication from the Right Hon. the Lord Mayor, from the
committee of the Great Industrial Exhibition of Dublin,
requesting the presence of his lordship, the sheriffs, and •
deputation from each of the courts of the corporation. at the
opening of the Exhibition on the 12th of May inst."
The letter received by his lordship having been read, it
was unanimously agreed that the same should be entered
upon the journals of the court.
Mr. Deputy BENNOCkt them moved a resolution, of which
the following is a copy: " That the Lord Mayor, the Sheriffs
of London and Middlesex, and such members of the Courts
of Aldermen and Common Council of the City of London as
shall be prepared to proceed thither at their own expense,
shall form the deputation to be present at the ceremonial of
opening the Great Industrial Exhibition in Dublin, on the
12th of Mae, 1853."
Deputy °mien seconded the motion.
Deputy HALE thought the court ought to pzase before
they agreed to any such resolution as the one proposed.
Alderman Copeland supported.the motion, which Mr. De
Jersey and Mr. IL L. Taylor warmly opposed ; Mr. Rose,
Mr. Anderton, and other', approving of it, denouncing at
the time the conduct of those who opposed it. Sir John
Key, Dart., also supported the motion, Mr. De Jersey hav-
ing moved, and Mr. Taylor seconded, the " previous ques-
tion."
Mr. W. JONES moved the following as an amendment
(Mr. De Jersey having, agreed to withdraw the " preview'
question"), namely : t That this corporation consider it •
compliment to be invited to be present at the opening of
the Great Industrial Exhibition at Dublin, but regret that
it is not in tit: ir power to accept it."
This amendment was carried by an overwhelming ma-
jority, and the town clerk instructed to write to the Dublin
committee accordingly.—Adjourned.

4L*="l‘•
COUNTY Cot:Rm.—The liou7vf minis new or-
dered a return which has just bead idtaW, stoMat the
" fees" raid in County Courts. nu tatussnoosea to Towner
, 6,777,372/. the fees alone ptid Irk tkatltuitort amonoteil to
Ino less than 1,266,901/. r• •

G_

Lm itlifUtealtt.

EQUITY COURTS.-SATVRD %T.
Va LOIII.II 491V1C10 OF Arrant..

1' t:i: IiIK L‘,111Z77; W 117.71 r Z:/11,71T I ES.
Ey the will of Edmund Wakott, citizen and haberdasher
Of Lyndon, ellstyll in January, 1667, the rents and profits of
seventeen acres of freehold, sod one acre of copyhold land,
were vested it the parson and ehruchwardens of the parish
of Lambeth„ to tie (lisps mil of by them and their successors
to and amongst the most needy and poor people of t►e said
parish of Lsmbeth, according to the discretion of the parson
and churchwardens of the same parish for the time brirg.,
By a scheme fur the regulation of the charity, approved of
by the Court of Chancery in 11431, the rents asisiog from
the property, then producing irgrOl. per anima, were appor-
tioned in moieties to the maintenance of certain schools
is the parish connected with the church of England, and to
the payment of weekly pensions to a certain number of the
aged and neces►itous poor of the parish. By a new scheme,
approved by Mager Tierney in 1352, it was proposed that
on the dropping in of the pensions by the deaths of the
recipients, the incumbents of the parish should have an
option t.. apply the funds released either to grants of new
pensions to the poor, or for purposes of education, but so
that not more than halt the funds, hitherto applied in pen-
sions, should be appropriated otherwise than towards the
actual maintenance of the poor. Upon an application to
confirm the sebeinesbeinemade toVice-Chancellor Kinder,-
ley, his honour diticted that it should be varied, by en-
abling the incumbents of the pariah to apply the whole
fend, which should be released by the dropping in
of the pongees, to purposes of education if they
should think fit. The question was now submitted to their
lordships by way of appeal from the Vice Chancellor's de-
cision, whether any portion of the fund released by the
dropping in of the pensions could be applied otherwise
than in support of the necessitous poor of the parish.
Their tordships held that the whole of the funds applied
to pensions must continue, u the pensions dropped, to be
applied iu furtherance of the primary purpose of the testator
aa shown by the words of the bequest, namely the support
of needy and poor persons of the parish, and they directed
the scheme to Detoured seurdingly.

email Vi

NA W. Paoi WOOD.

EDWARDS V. HALL:

The question is this ease arose upon the will of Miss Jane
Cooke, who after giving large legacies to various charities
left the residue of her property to be applied by her trus-
tee. as opportuoity might cffer to the endowment of district
churches and chapels in populous places, in order that the
pcor might have the gospel preached to them, and expressed
Ler wish tl.at preference should be given to those parishes
the patronage of which was under the trustees of her late
lamented triend the 1t.,. Charles Simeon or other similar
trust,.
The question raised by the next of kin was whether this
bequest was void nodes the statute of Mortmain.
The ease was argued tome days back by Mr. Rolt end
Mr. Beira on behalf of the next of kin, Mr. Wigton end
Mr. Cole for the executon and trustees, and Mr. Wickens
fee the Attorneylisneral.
His Honour now gave judgment, and after staling the
bets and the words of the bequest as before set out, said
that • vast variety of cases had been cited in the argument,
and he had found it necessary to go into all of those, and •
great many others in order to extract the principles on
which this ease must be decided. He would, however, first
cossidcr what was the proper construction of the words. It
was ar2uctl on the side of the next of kin that they must be
applied to churches afterwards to be built, and by those who
lopreeented the charities that they applied to churches
already built, or at all events to those afterwards
to be built. He, however, mess to the conclusion
that they might apply to both ibareltes built and
to be built, sad the questies amnion was, whether
such • bequest was lawflL The rules which the
marts acted en in those sum were settled. Pint,
that • gift to erect a wheel. in shank or almshouse, in-
volving an express direction to hey lend tor the purpose, was
therefore void, and that *MIN heal which did not point
to load already in mamma 11/111 void. The next case was
where the gift was to glistless with an option of applying
the mosey for the mime an land already in
minim* or of buying land; than the OW was good, be-
mire ea• of the alternatives wee IstetlaL That had be..
so laid down by Lord Alma* is the ones of the White.
haves Charities. Then ems • met sf inteemedista
eses, when the gift wasi at sax • nature
that the dee esseutioa at the Inlet involved the
assmeity of Waging land late modemin. though not ex-
pressed, as white nenry was glen. ea 'sedition of an-
Weer Fence giving land; that sae dimly an evasion of the
statute mid mid. Bat the present amp did ant nmessarily
bivalve the purchase of lead I ell lime wady West be
mentlethved to eliding ebaseben An 4111611111eft was
so
of a persona ibiandwdni under • Wrestles
ta lay est wary in seriswiss 0111111111. the court (sup-
posing the statute to be out of the quietists) would en-
aot allow the noway to be expended in building
eitarshes That was the eriteries, and therefore he mast
sadder the bequest se a gssd

COURT OF QUEEN'S BENCH.—SArrs.DAT.

ariii;g;

Lawn CA.2.u. 112.,,Jconbca WNW!.

.-74 Ma. 31,11101 Zaza, Ain W. Jorncaearnsrivir..--
Tms 1401114, CI I! THU PLOSZCIITION Or J. ROLT,
Q C.' T. CIATTO.I4.—W/ITINO • 1111TATILIIINO
LITITZ TO COI: 311111...

It will In recoil.cted that in this ems • rule nisi for a
misniaal information was elstained at as early day in this
term, spelt the ground sides dliskat, having written •
threatesing baba to Mr. Rik $lllll equity barrister, rout-
pinking of his conduct in eery 11111Illisured terms is refer-
ees* to • certain suit in Chaneety instituted by Mr. Clay-
t•a, in whieh Mr. Holt appeared as opposing counsel before
the Vice-Chanesilor. . _ _

now showed cause. He said that his
died was a highly table solicitor residing at York,
who had been os d to file a claim for specific per-
formaaro, oedema ono of his tenants. This cause came on
to be heard, sad Mr. Holt, as opposing counsel, then rode
entail' 'talon's* Win the V.os-Chancellor Wood. Mr.
Clayton, who was ant to Leedom at the time, was after
wards Informed that Mr. Bolt had cast aspersions apes
him. The letter in question was written under a feeling
that the expressions used by Mr. Bolt were injurious to his
liberator, He (Mr. Watson) had shown his affidavits to his
loused friend upon the other side (Sir F. Thcsiger). and,
after the explanation therein given, he believed Sir F.
Thesiger had instructions net to prosecute.
Sir F. Thesiger begged to say that there was no gen-
tlemaa at the bar leas likely to abuse the privi-
lege of counsel, or to go out of his way
to use slanderous or hurtful observations, than
his client. Mr. Bolt certainly felt himself authorised by
his instructions to state what he had stated to the Vice-
Chancellor. His leveed friend (Mr. Watson) had shown
him the affidavitsupon the part of Mr. Clayton, from which
it appeared that he was a highly respectable gentleman,
and although prima facie it might have seemed that the
salt was instituted for the purpose of obtaining costs, as
nothing could be gained b. 7 Mr. Clayton from it, Mr. Roll
now felt satisfied that Mr. Clayton had no such intention.
It was, perhaps, natural that Mr. Clayton should f.el
Wended at the observations made. Mr. Kok had thought
it his duty, under the advice of his professional friends, to
take the coeds which he had; having done so, he felt ha
bad done all that was necessary, and Mr. Clayton being
ready to pa the cost of the proceedings, he would consent
to the rule ed.
Lord Camlibellthafrf am happy to see that a satisfac-
tory arrangement has been come to. It it of the utmost im-
portant* to the dna administration of justice that monad
@Meld be allowed to discharge their duty without proceed-
ings like those which have compelled the learned gentle-
nsaa, the prosecutor, to come to this court. No doubt Mr.
Clayton is a very respectable person, and I rejoice sincerely
that this ?relocation goes no further.
Rule discharged upon payment of costs.

COURT OF EXCHEQUER.---int—SATCRDAI
Sorrows fog Basco.
PSATOZITS O. STU*, BAIL-CAM. CON.

Bit F. Unger (with whom was Mr. Lopes), appeared
to show cause against a rule obtained during the present
terse by Mr. Willes' calling on the defendant to show cause
why an order made by the Master directing the plaintiff to
fad two eecuritn ain 20W. each, or to pay the sum of 4001.
late wart as security fur the costs in this action, upon the
pound that he was a foreigner and resided abroad.
It appeared that the plaintiff is a merchant at Vienna,
and that he was married to his present wife in September,
1846, at Strausendort Ile had lived with her on the hap-
piest terms until the lady became acquainted with the
asfeadant, Sir Francis Sykes, Ham. a gentleman of c°l"i"
thimble property in Scotland as well as in England. The
defendant did not appear to have had any settled residence,
bat for several years had been travelling on the continent.
lady in 1848 he became enamoured of Mrs. Prstorius, and
having obtained an introduction to her induced her to leave
\whom' in the month of April in that year, during the tem-
&bunco of bar husband on some matters of business.
Carr ;wit" travelled about um= an 1 wife, and eventually
hand their way to London. Having resided in the ma try-
polio far some time, the defendant, notwithstanding his pro-
watatioas of love, both orally and by letter. deserted the
lady, who ultimately returned to her friends in Vienna ;
and nu& letters found in her ptessedem from the defen-
dant the t action was brought. _ Somutimer had been
hot Ia vestries to find the diellmiderst. but his solleiters
at list agreed to appear for him. Those gentlemen obtained
ea order from Mr. Baron Alums, at Chambers, command-
lag that the plaintiff should pies security for cots, being a
foreigner, referring the matter to the mute, to say what
the amount should be. It appeared that a commission had
been issued to examine the witnesses in German and
thereupon the Muter ordered the plaintiff to pay 4001. into
court or find two sureties of 2001. each as security for Costs.
The plaiutiff had only one friend is Ragland, Mr. Sole, the
well‘knowu asitaisisa, and the Master had been applied to
with the view of that gentleman for the whole
=lomat, but bad to do so. Mr. Willes subse-
uently obtalnoritho rule above referred to, against which
Sir F. Thugs! and Mr. Lopez now showed cause.
Mr. Wailes having boa heard is support of the rule,
The Court directed that the order of the Master should
be varied by substituting the sum of 2001. for 4001.

COURT OP BANHRUPTCY.—SATuaDAT.
leresa Ye. Commmew 00171.SviUg.
11l is BA/R.—Tux ELICTRIC CLUCK CABS.
_ .

116 me this --mbseu -7agistbs-ein of
Minsader Dam deeeeibed es ea 'Meths deck maker, of
am siss4West. At • former Maier the !enigma was
Vlby 11r. Ifewei sad lAr. I yew, me behalf of the se-
ead et armlike% sod supported R by 31e. Tripp.
Reeser rime gave j•Agmeat. He mid the eale had
gumpiad • emeldemillb time, bat set mere them its Ma-
wimps MO Who labile sad the baslumpt deemed.

Mr. 8.110, it appeared, had not been originally brought up
to trade, hut was • man of cussidered* genius and talent,
which he hat applied to matters °lenience; and he claimed,
and justly claimed, to be the first who :had discovered the
mode of applying electricity to the measure of time. But,
like most perboas who indulged in scientific pursuits,
he had been sadly negligent of those ordinary
rules of good conduct and fair dealing which ought to go-
vern every one who embarked not strictly in commerce so
called, but who contracted debts sad borrowed limey
under circumstances in which it was the bounden duty of
the party borrowing to be clear and explicit as to bia means
of repaying. There were great difficulties in dealing with
• case of this description, and in applying to it the prin-
ciples which ordinarily governed the court in awarding
certificates to traders. The bankrupt was not, in the strict
sense of the word, a mere trader, though, having bought
and sold these electric clocks, he was what the law called
a dealer and chapman, and was thus entitled to claim the
benefits, and was subieet to the responsibilities, of the law
of bankruptcy. Still, it was difficult to apply to him, in
the present stage of the matter, the principle by which cer-
tificates were awarded with reference to • mane conduct as
• trader. Mr. Bain himself, when asked what was the
market value of his patents, repudiated the idea, and said
there could be no market value, as they were things that
never came into the market; they could only be pur-
chased by one man who understood them from another
who did so. The transactions were in • corner,

ss then —was ;;IT market overt ; the I
articles were matter'''. of private contract between indi-
viduals alone. That showed at once the difficulty of apply-
log the principles which governed the cases of ordinary
traders. Another difficulty was how to judge of the con-
duct of men whose minds were so absorbed in scientific
pursuits, as Mr. Bain stated he had been, as to neglect
nit, gether, accounts, figures, and matters oibusiness. Ile
said in effect—" I have paid any 'attention to these
matters; grand scientific projects have always been upper-
most in my mind; the sateen I have met with, the at
knowledged merit of my discovery and the vast extent of
the benefits which may be conferred by it, have wholly
absorbed my mind, to the exclusion of the mere common
place views of pounds, shillings, and pence; and, there-
fere, you must not expect from me such accounts as you
would from an ordinary trader." The best rule to guide
the court in such a case was that suggested bj Mr. Young,
who had conducted the case with the greatest possible fair-
s( is and propriety towards the bankrupt—that though the
principle ought not to be applied so rigidly and:stringently
as in an ordinary cue, Mr. Bain was not to exempt himself
from those rules which ought to govern every man,
whether a man of science or of business, or whatever he
might be—the rules of good faith and truth. When seek-
ing the assistance of others, be was bound, not only not to
exaggerate or state untruth, bat—especially nude, the cir-
cumstances in which he was placed—not knowingly to sup-
press that which he knew to be true, when, by means of
that suppression of truth, he induced others to lend him
money, knowing in his conscience there was no reammable
or probable prospect of his repaying it. In this ease there
were three different oppositions; first, by the soireele, es
representing the creditors at large, upon themeral Mew
as of the cue presented in the report of the @nimbi* ;
and there was abundant matter in that report. set only to
justify that opposition, but to make it the bemeiss duty of
' the assignees to prefer it. He was emend by • particular
creditor, Mr. Fletcher, one of the oungnmesefbeensplaind,
and justly to, of having bass Wesel M enter in-
to connexion with the buistapt es mismiger or
head clerk, with a view to as nitwits partner-
ship, and, through not bMng told the whole
truth u to Mr. Bain 's pecuniary pea Mon, having been in-
, duced to advance him a considerabk sant of money—a very
large sum for a man in Mr. Fletebses guidon, for the loss
to him had been so serious as to rasa him to penury. He
had established his polities that he bed been most unfairly
dealt with, and he had a right te unpin of Mr. Bain's
conduct. Another creditor. Mr. Dome, urged an objection
much of the same ebanike. Smug mosey which he
wished to lay out to advisees', be dimight he bail found in
Mr. Bain a man wham hint eel genies warranted his
seoguise expectations of helm uldostely successful and
bensaing opulent through mew el bh various patents for
sefintific discoveries. Mr. Boor bed bilnessee, and had the
teem etmaterially maisting Kr.lfsias by spading amongst
W 7 hillneohel memo the knowledge of his talents,
and do right which be had le dill attention on that se-
cant. Mr. Bain re primenied OM be wanted this money to
use fa Ws co
in the wpm of feeding and carrying
It ihrwoot cad this sou of 1,1001, was undoubtedly
damsel by Mr. Mow for tW purpose. Nothing
weld be men ulna! ea the put of the bankrupt
than, after getting bis money from Mr. Boner, to apply this
money, or a great part of it, to a shell different purpose,
that et getting rid of old and nude. That was
very unfair conduct on the pen tessEeee Übe got another
gentleman to befriend him ; and Kr POOR boil a right to
=l:land complain grievously el the induct of the
1. There was one fact which geode the ease worse
=ll.ttbe beakropt. He was not a man entering into
ipesoletlens for the first time- be was not new to
speedodes. Me fame from lientindia 1837, and had been
bytes his bowl at scientifie epeenbetine in various forms,
=Wte here, and there, sod allsnet everywhere.
et statement, it egyeerolltbet he found various
poem willing Wait him, as person efgenius and talent
✓urally hand peegie whailWly le soft thentia their under-
Ishii., Os mils Is ise, he got mead persons to
mkt Gni kelp Ms nee loperteetly. NW, Mr. 'lambic
took his by. the land ; then be wee assisted by
Lieutenant Wright, by Mr. Doggett, awl ethers. By their
assistance he obtained hem time se One Ow his patents and
inventions very ormetioroMe were of mosey • but the re-
sult was that intend el be. smeesseld be only lost more
and more. He went geo booloremle instead of for-
wards ; and at the time be esotasnersi his accounts, the Ist
of Jacuary, 1852, Ma was behind the world in a very large
amount-4,3931. ILK, riv, including two debts which had
been omitted, nearly 5,0001. That was very shortly after
he had borrowed the money from Mr. Fletcher and Mr.
Beau. The nu was therefore very different from that of a
man entering for the first time into a speculation, and seek-
ing assistance to bring his discoveries into note, on the
ground that he was starting fair in the world. This was
the cue of • man who, to use a commas phrw, was almost
used up;" all his simulations ratans of getting
mosey had failed; and he found himself behind the world
5,0001. That fast gave • very adverse view to Mr.
Bale's case. Beim bekindkand nearly 5,0001. at the time
mentioned, how had be proceeded ? Daring the short period
over which the accounts extended, be had lived at a great
expense—about 7001. in 11 months; and Mr. Fletcher
stated that, through seeing him living in comparative afflu-
ence and comfort, with four servants, be had the more
readily trusted him, never dreaming that he was a man
behind the world 5,0001. It was said by his counsel that
that we. not too much for a man with a family to spend.
It would not be too much for a man of his education and
talents, if he could afford it ; but for • man living. on the
means of others 7001. in 11 months was a very serious sum
indeed. If the humbler classes of Madmen were continu-
ally censured by the court for not watching their expendi-
ture, and for spending money which they knew belmged
to their creditors, some observation must be made when
gentlemen of education and talent did the same thing.
There the expenditure formed a just ground of
complaint, and showed that the bankrupt was utterly reck-
less as to consequences. His bead had been entirely filled
with these speculations. He had felt, and no doubt now
felt convinced that they would ultimately succeed, and gain
him a great name and reputation, and in striving to attain
his great object he seemed to have neglected and laid aside
every other consideration. It was to be hoped he would not
do so in future. The point favourable to Mr. Baia was
that he bad given up all he had ; his stock, on which he pro-
bably put too high a value, was there for the creditors,
whatever it might be worth ; they bad also got all the
patents, from which it was to be hoped something would be
realised. The prospect wee not • very cheering one; but
in the hands in which the estate was placed, no doubt
everything possible would be done to bring it to the best
issue.

A gentleman, who laid he was a creditor, here interposed,
and stated that the bankrupt had not given everything up
to the assignees
Hie Honour said he could not now listen to any such
statement. The creditor ought to have come at the proper
time, and have opposed the bankrupt's certificate, for which
there had been abundant opportunity, the case having been
two or three times before the court, and the meetings having
been advertised. The creditor had better communicate

with the assignees. There had born no fraudulent prefer.
ince, or attempt to serve one creditor rather than another ;
the bankrupt had assisted the assignees—and the court
hoped he would continue to do so—in making the most of
the wreck of his property which remained. Protection,
renewable from time to time, would be granted, during
the suspension of his certificate ; but should it appear that
he had not given up the whole of his property, or was not
doing his best for the assignees, rather than considering
himself, the court would feel bound to withhold further
protection from arrest. Looking at the whole of the case,
and making every allowance for Mr. Bain, the court was
hound to tell him, and those who like him speculated at
the expense of other people, that such practices could not
be sanctioned by a court of justice, and that ha could not
be held entitled to the benefits conferred by the bankrupt
law uniil a considerable period bad elapsed. With regard
to the classification of certificates, much had been said very
lately indeed ; and no later than Leclutesurerty, several of the
commissioners had been d • that subject
before a committee of the House o Lords. Many
persons, most competent to farm an opinion
on those matters, thought that when a third.clase
certificate was awarded to a trader, a stigma was fixed upon
him for life, which no future conduct, however meritorious,
could efface. As the law stood, the clam of certificate was
determined by ascertaining whether the failure had arisen,
wholly or in part, or not at all, from unavoidable losses and
misfortunes. In this case the failure had clearly not arisen
wholly from univuidable circumstances ; but the bankrupt
was fairly entitled to that which his counsel asked for him,
• second-class certificate, as his losses on the American pa-
tents were partly attributable, no doubt, to misfortune.
The judgment of the court would be, that the certificate
should be suspended for twelve months from that date ;
when granted, to be of the second class. Protection would
bt granted for three months, to be renewed at the end of
that time, unless it were shown that Mr. Baia was acting
for his own iaterest, and not for that of hie creditors. The
court trusted he would not do so, hut would do all in hie
power to render the property effective for his creditors.
The opposing creditors would have their costs cut of the
estate. Both oppositions had been conducted with the
greatest possible fairness.

INSOLENT DEBTOR, COURT.—SATuRDAY.
Hama Ma. 13moolomorsa Mum%
Ix VII MATT= oF WILLIAM H. HAlM:T.—lima-
T•wr Dacsazox.
La important geodes railed is tW am, width was be-
fore reported is ear paper, was sow, suer a long dionroice,