The Express.
London, England, 1853-03-08 00:00:00

ME EXPRESS, TUESDAY rirENING, MARCH 8, 1863.

sad BO years of age, and who complained that it was " a
shame to bring them all the way from Huddersfield, de-
posed that they MITI thus bottled up at the George, and
supplied free and trimly with beds and brandy and water.
Other witnesses spoke to having distributed free gratis 36
gallons of beer on the nomination day, and 60 galloon on the
polling day, at the instigation of agents of the sitting mem-
ber. One of these witnesses said he had not been paid for
this, and calculated ha was a loser by it, and that it was not
dose to influence his vote.
The committee adjourned to this day.

GUILDFORD.

Rain Intelitatnce.

EQUITY COURTS.—YiurraiDAT.
Isms VicahCaAvesuov itvazasurr.
Arroafai•daaa2Al v. BLACIMILX.—APPOIN7

TRUSTIES to ♦ DISSINTINO CIMPIL.

This was an Information filed for the appniatment of new
trustees of a dissenting chapel, called Hackmondwyke
chapel, in Yorkshire. It appeared that the chapel was
founded by • Mr. Rayner in the year 1786, for dissenters of
the independent denomination, and by the foundation deed
8 trustees were to be appointed, and pews, was given to
the Continuing trustees to appoint new trustees. Power
was also given for the appointment of a minister to the
chapel. Various appointments of trustees had from time to
time taken place, but, in September, 1860, when it became
necessary to appoint fresh trustees, on the ground that the
original power given by the foundation deed had lapsed,
and it would be necessary to appoint the trustees under the
13 & 14 Vict., c. 28, at this time certain disputes arose
between the members of the congregation. The chapel
doors were locked by persons belonging to one party, and
broken open by the others. Disturbances took place at the
meetings, and the dissensions rose so high that an applica-
tion to the court became necessary. The election of trustees
had taken place by vote, bat the relators contended that
the voters had no right to vote.
The Vice-Chancellor said he bad considered the guestions
raised, and he should not be able to give his opinion until
further investigations had taken place ; and the matter
must stand over for affidavits to be produced in chambers
respecting the voters who had elected the trustees and their
right to vote. His own private opinion was that the ease came
within the provisions of the statute 13 and 14 Vic., cap. 28,
and that the present trustees had been duly elected. He
was clearly of opinion that the power of appointment given
by the foundation deed had elapsed.

81101111 VICFCRAMILLOR ervAar.
Powsu, r Mssuntrr.

This case came on upon further directions. A question
now arose under the following circumstances. The testator
gave the moiety of his residuary estate, consisting of free-
hold, copyhold, and personal property, for the benefit of his
wife, who died in his life-time, by means of which the de
vise and bequest failed. It appeared that the testator was
illegitimate. The question that now arose was whether the
defendant, Mr. Merrett, devisee in trust and executor in
tenet of the testator's estate, was entitled to the freehold,
copyhold, and personal property for his own benefit, or
whether he took them in trust for the crown. "Middleton
v. Spicer," 1 Bro. C. C., 201, and " Taylor v. Hogarth,"
14 Sins., 8, were cited.
Mr. Wigram and Mr. Baralgette were for the plaintiffs.
Mr. Wickens appeared for the crown; and Mr. Russell,
Mr. Renshaw, and Mr. Briggs were for other defendants.
The Tice-Chancellor held that the moiety of the personal
estate which lapsed by the death of the wife, belonged to
the crown, and that the moiety of the freeholds and copy-
holds that had merged, vested absolutely in Mr. Merrett,
for his own benefit, and declarations and directions were
made and given accordingly.

COURT OF

r.-YESTEEDAT.

Boron ILL Cow to
Ix as lloaamc.

This was the meeting for choice of assignees in the case
of Henry Mannington Horgan, described as a shipowner,
of Reading. His liabilities were large, amounting to several
thousand pounds. The assets were not yet ascertained.
The court was filled with creditors and others interested in
the case. Debts to the amount of 6,6001. wife proved at the
meeting; and the following gentlemen were appointed
trade assignees :—Mr. W. restate:, coppersmith and en-
gineer„of Bhee-lane ; and Mr. H. W. J. Windsor, mer-
chant, of Lsadeahall-street. As soon as the choice was
confirmed by the court,
Mr. Lawrence said be had an application to make
on behalf of Miss Ballard, of Bath, • legatee under
the will of the late Kr. Norge* (father of the bank-
rupt), and obligee of a bond, who bad filed a
bill in Chancery egaiast the bankrupt, praying for a decree
in her favour for 1,8001. and interest due on the bond, and
for 1001., a half-yearly payment of the annuity of 2001.,
bequeathed to her by the bankrupt's father. This applica-
tion was, that the assignee might be directed to keep a sepa-
rate account, distinguishing the property of the testator
from that of the pt himself. The trading had been
of a very slight character, arising only from • share in a
ship held by the bankrupt ; and the trade debts were *ea-
sequently small. He a prehended the official assignee
would be bound to marshal the seeds, so as to distinguish
those which were clearly the beakrupt's in relation to his
trade from those whereunto he had booms entitled in his
fiduciary character. The bankrupt had, from time to time,
up to the 18th July last, paid the interest due on the bond
debt of Loot., and also the annuity of 2001., except the
last half-yearly payment in October last. There could be
ne doubt that the bankrupt had become possessed of con-
siderable assets of the testator, to whom he was one of the
executors.

----Tlretonuniasioner.—ls the matter strictly before me ?
Mr. Lawrence said perhaps not strictly so. lie meant it
as an intimation to the assignee that he should keep sepa-
rate accounts, otherwise the applicant would be obliged to
file a supplemental bill simian the usignees to effectuate
the object of the present bill. If separate accounts wero
kept, he should be quite prepared to advise his clients to
submit all questions to hie Honour under the 12th
section.

His Honour said he would not, in that stage of the case,
assume jurisdiction over the estate of the testator, which
he should do by directing separate accounts to be kept.
After this intimation he thought the parties might trust to
the caution of Mr. StangMid, the official assignee. He did
not think he could make any order.
Mr. Lowrance said he would take care that Mr. Stens-
tleld had a copy of the bill in Chancery, though he should
be sorry to be obliged to make him a co-defendant.
(Laughter.)
Mr. Pouffe:, representing the assignees, asked for an
order authorising them to take and dispose of certain fur-
niture which was in the reputed ownership of the bankrupt
at the time of the failure. _ _ _

The bankrupt was examined, and stated that this furni-
hire was in the house he occupied at Reading, but belonged
to his mother-la-law, who had purchased it. He admitted
that he was the tenant of thkhouse, and paid the rent and
taxes.

The question was ultimately deferred till the next meet-
ing.
Amongst the proofs tendered was one for between 8001.
and KW., the amount of a 'elicitor's bill.
Mr. Pontifez objected that, as it had been recently deli-
vered, time ought to be given to examine it.
Ili. Honour said the usual course would be pursued,—
the proof would be received, subject to taxation.

INSOLVENT DEBTORS' COURT.—Yzsmaty,
Boom Na. co..onmar LAW.
IN RI JOHN THOS. BOWDZ:f.._ _

This insolvent, a tailor, in Hand-court, Holborn, applied
to be discharged from prison.
Mr. Sargood supported, and reminded the court that the
ease was heard on a former occasion.
Mr. Commissioner Law intimated that it wu not a case
for an immediate discharge.
Mr. Sargood was aware of the circumstance. He would
merely remark that the insolvent had not been opposed by
his creditors, and that he had been in prison three months,
having a family of Ave children depending upon him.
His Honour pronounced a judgment of four calendar
months from the vesting order.

Ix 171 MATIMI OF WILLIAM PAIITAIDOM
This insolvent, heraldic painter, also applied under the
Protection Act. Mr. Poland was counsel for Mr. Logan,
and another creditor named Bishop opposed in person.
The complaint of Mr. Logan was that the insolvent had
resided with him in Newman-sheet, and left without pay-
ing the last quarter's rent. He sued him in the county
court, and instead of paying the first instalment of 61. u
ordered, he paid his attorney 101. to file his schedule in this
court. The other auditor complained that the insolvent
got goods of him after he was sued in the County Court.
Mr. Commissioner Law held that the creditors who op•
posed had cause of complaint, and on the day for the final
order the cue would be adjourned sine die. Before the
neat occasion a special balance-sheet must be rendered.
Protection was given until the 11th April, when the case
would be adjourned sins die.

MIDDLESEX SESSIONS.—YEITERDAY.
Damn Ka. azarwir *awn. Aso • Dawn or MAWINTIAI
Tan IIII2IISAL MAcuncs" CM.

Charon D'Atiort, 29, and Leon Charon, 32, Frenchmen,
were indicted, on the prosecution of her Majesty's govern-
ment, for felony. The indictment charged them with hey-
int stolen a trunk, containing a pistol and wearing appa-
rel, value 301.. and 62 soveresgas, the property and monies
of Leoisold Joseph Rowell, in the dwelling-house of Eu-
gene Prieet.
The particulars of this case have already gained • wide
publicity. It will be remembered that some foreigners
willing to practise on the credulity of the French wishes:
sador, repaired to the embassy, and with a tale of an in-
fernal machine contrived, not only to make • certain profit
by their skill, but also to set Sir Richard Mayne and his
police in motion. Ultimately five rusty old gun barrels
were found in a cellar in Theobald's-road, but the real
game was a box, in which • poor man had saved his earn-
ings to carry him to Australia. The box was stolen with
its content', and hence this prosecution.
The jury, after some deliberation, found D'Albert
Guilty, and Acquitted Charon. They recommended D'Al-
bert to mercy.
fhe Assistant-Judge sentenced D'Albert to nine months'
bard labour.

THE POLICE COURTS.
MANSION-HOUSE.

Pierre Brekstiw was brought before Alderman Cubitt, for
final examination, upon the charge of having uttered three
forged foreign bills of exchange for the payment of 6,000
francs each, purporting to be drawn by Jean Alfred Melanin
and accepted by G. Lamache, with intent to defraud Mr.
Abraham Bauer and Messrs. Monteaux and Co. Some
additional evidence having been received, the prisoner
wu committed for trial, without bail.
LAMBETH.

George Tyson, a person of respectable appearance, and
late of the firm of George Tyson and Co., No. 1, Limettreet,
City, was charged with fraud.
Mr. Robert Cullen, who described himself as carrying on
the business of an auctioneer in the Gray's-inn•road, said
that in January last he became acquainted with the pri-
soner, who then described himself as following the legal
profession. Cullen told the prisoner that his affairs were
embarrassed, upon which ha (the prisoner) advised him to
keep out of the way, and also undertook to arrange matters
with his creditors. With this view Cullea handed to the
prisoner 1011., and also placed at his disposal a policy of in-
surance for 6001. The prisoner, instead of paying the
money as b• promised, left many of the debts unsettled and
applied the money to his own use.—ln his cross-examina-
tion, a youth, who was called by the prosecutor, and who
swore that he was a sort of porter or clerk to Mr. Cullen,
at 10s. a week, said that all the time he was with him his
master had only one sale, and that he (witness) accepted a
bill for his master for 46/. This bill Mr. Cullen got dis-
counted, and he (witness) knew the fact from receiving a
lawyer's letter, threatening an action to recover its amount.
Two other charges were heard, when the magistrate re-
manded the defendant.