The Express.
London, England, 1848-05-30 00:00:00

THE EXPRESS, TUESDAY EVENING, MAY 30, 1848.

the rate they were called on to enforce, and it appeared not
to be a church rate, for It was clear that such a rate must be
solely confined to the repairs, &c ,of the chureh. If it ap-
peared on the fees of it to be a church rate, and also a poor
rate. it e.uld not be enforced by the summery Jurisdiction
sought for in the present cue. They could only levy for a
church este, and that it was only inch a rate ought to ap-
pear on the face of It. The magistrates, therefore, did right
in refusing to issue their warrant. —Mr. Justice Coleridge
was of the maw opinion. The title of the rate was most
important, as showing the authority by which it was made,
and the purpose for which it was made. If it was defective in
either of thera respets it was not legal.—The other Judges
having expressed their assent, the rule was discharged.

BAIL COURT.
minis in Beam heron Mr. Jostle* &in.
ALLEGED MISCLINUOT OT AN ATTOANAT.—Bir. Mar
appiieu or a rule, salting on an attorney to snow cause whytin
he should not pay over the sum of 411. The learned counsel
did not mention the name of either of the parties in the case.
It appeared that the attorney in question had been instructed
to take out probate to a will, and had employed • proctor
practising iu the wort of the Bishop of Llandaff. The bill
of the proctor amounted to 411., and that sum had beef, paid
over to the attorney fur the purpose of discharging the proc-
tor's demand, but insteed of doing so he had applied the
money to his own use. Several applications had been made
to hare the money returned, but in vain, and heuce the pre-
sent application.—Rule granted.

COURT OF C
agOln Kim°.MMON PLEAS.
NIWs
COWAN V. UNIVIINSAL Gas LIGHT CIONPANT.—NOTICI
Od EXECUTION AOAINVT AN INDIVIDUAL EXAMENoI.DaIt
UPGN JUUONINT itaCuYliftaD AGAINST Till CONYANT.—
A rule wee obtained last term calling upon Dominique
Causes to show cause why execution should not issue Rollin
him as a marilxv of the above company, upon a judgment
obtained against the company. It sou stated in the affidavits
en which the rule was moral that due diligence had been
used against the property and effects of the company which
did not, however, suffice to satisfy the judgment, cud that
the defendant was a shareholder.—MT. Serjeant Taff ,urd,
who appeared to show close against the rule, contended that
the requisite notice of the present motion hail
Vic.,e riven.
It wu founded upon the proviaioni of 7& 8 c. 110, the
Joint.Btock Companies Act. The 68th section of that act,
which allows execution to issue against an individual share-
holder, either by. leave of the court or of a judge of the
court, upon motion or summons for a rule to show
cause, provides "that no such motion shall be made
nor summons granted for the purpose of charging any share-
holder or former shareholder until ten dales' notice ,hall
have been given to the personemight to be charged thereby."
In the prevent cue, after the avrTiog of the notice, a sum-
mons to allow elocution had been taken out before a judo
at chambers and been dismissed. A fresh notice was there.
fore necessary to warrant the application made t the court,
and this had not been given.—Mr. Ilipson, in support of the
rule, submitted, that what the statute required wee, that
the party thould be apprised beforehand, amt the fact of the
summons having been dismissed did not destroy the effect of
the notice onee given It was notice of an int. talon to take
some MI, ctive step The court was of opinion the objection
was rival. Tne plaintiff gave notice that ha would to to the
court or before a judge ; he has been before a judge, the
virtue of the notice was therefore .pent.—Rule discharged.
The court intimated that fr rm Mond ty, the sth of June,
the country new trials would be taken.

COURT OF EXCIIEQUER.
Kitting* at NW Prins in Trinity term.--Before Mr. Baron Parke
and hi SIX t :•11 Jury.
Wltaatale V. SKEOlia, AMILINTITRATOII.—A FORTUNATE
YOUTH.-I.o.U.—This action way in amumpsit, and eu •
brought to recover the sum of 2131. ere the balance due on
certain 1.0.U.s alleged to have b. en given to the plaintiff
to wore certain advances to the amount of more thin 4001.
made to the eon of the defendant during hie lifetime, the
defendant being sued as Ms administrator.—lt app. seed that
the deceased was a young man wh ha.ing been aelet ted by
his aunt as the object of her bounty had become entitled to
a considerable sum of money in October 181.5, when he was
a junior clerk in the office of a proct r, where th. plain iff
tilled the responsible post of managing clerk. From that
time up to the death of this fortunate youth, he received
nearly 5,0001, under his annt's will, but that was not 'LOB-
' Meat for him, and he borrowed from the plaintif various
sums amounting to 4271., of which he repaid about half
On the part of the plaintiff reliance was laid on various
and on that of the defendant it was cont..nded
that with such large some of money at his command the
unfortunate deceased, who was represented on all hands to
have contracted habits of caress and intemperance, had moat
likely placed money in the han It of the plaintiff, and had
given the <locum. nts produced by the plaintiff from time to
time as he had drawn portions of that deposit from him. This,
it was submitted, was a much more rational way of account-
ing fur their existence than the idea that a person in the
position of the plaintiff should have so large a MOW at his
disposal for the accommodation of his fellow-clerks an 4271 --
Evidence having been called for the defendaut, Mr.
Boron Parke left it to the jury to say to which side they
would give credence. The case woe ..ne of great complexity,
doubt, and contradiction, and the jury must decide between
the parties as their judgment called on them.—The jury,
after,hearing considerable portions of the evidence read over,
discussed the matter, and ultimately returned a verdict for
the plaintiff for 2021.
_ BROW ttrianoo.

BURNEttlit O. DATILILL. —RAILWAY
Crowder and Mr.Bovill were heard in continua-
tion of their argument in support of the rule to enter a non-
suit which had been obtained in this ease by the defendant.
The action was one which arose out of a railway, and was
brought by the plaintiff to recover the sum of 421, wLicb
had been p rid by him as a dep .sit on obtaining a" allotment
of certain shares in the undertaking in qu.stion, of whit h
the defendant was the chairman.--00 Saturday Mr. Martin
and Mr. Addison were heard in opposition to the rule, con-
tending that there wee evidence to go to the jury to ha the
defendant wish the liability to refund the money paid by the
Plaintiff on the alleged contract between them.—lt was now
insisted, on the other hand, that the facts proved at the trial
amounted to nothing at all tetich ought to have gone to the
jury.—The court, at the conclusion of the we, which occu-
pied halt the day, intimated dui time would be taken to
consider its judgment.
BUSINEsS or Tait Cul:KT.—On Saturday notice was
given by the court that Barons Parke and Platt would *it on
Thursday rest in the " chamber," and take the urneurrer
paper, while the rest of the court wax engaged here with the
new trial paper ; but yraterday Sir F. Pollock intimated that,
is consequence of a communication from Mr. Dow tarred,
for wnich the cosset felt obliged, drawing its attention to the
act of parliament under which a single judge is empowered
to sit tinting the term, it had been th-ught proper to with-
draw the notice of Saturday. Though the 011a11.! proposed
might be a perfectly proper one under the act, yet. ay it was
a subject of doubt whether any business could he an disposed
of except as might be heard before a single judge, it wee
thought advisable not top isist in the proposed aimion of
the court. A separate d.y, however. would be set apart
during the term tor tne demurrer paper beyond those usually
appr priated to ir, and cal that day due notice would be given
to the bar and to the public.

INSOLVENT DEBTORS' COURT.
IN RS GeoCOE Ross—fail " Hallt-AT.LAW SOCIETY.
—This case was resumed yesterday before Mr. Commissioner
Phillips. In answer to questions put by Mr. Serval the
insolvent stied that the "Heir-at-law Society" was
founded " purely on philanthropic principles " in the year
1830 by seven individuals, with the pro need object of pro-
cluing professional advice—" aided by adequate funds"—to
assist heirs at law, personal representatives, &c., to assert
their rights in cases where it could be made clearly to appear
that they were wrongfu ly deprived of property, the
tu-
variable desire of the society being to " relieve the oppr. seed,
when to be done with safety." To this company Mr. G. orge
Re. appoinud manager, Sir John It ss, his brother,
Sir Joseph Douglas, and another, adorning the prospects
with their names as trustees. The entire management and
responsibility of the company, however, devolved upon
Mr Rom, who, it wan alleged, was in point of fact in hims, If
"The Heir-at-Law 8 tciets ." From the st.itements made
by two opposing crediture, who bitterly complained of having
h in duped out of their money, it seemed that the first " step"
taken by the society is to receive a fee of 21. 4c. 6d. for the
purpose of obtaining the opinion of counsel on any case sun-
nutied to them ; lter which a farther sum of 201. is de-
manded to pay coasta of filing a bill in Chancery, unlem the
clients are so poor as to be compelled to sue iu forma pan
peril, in which ca-ii 51. is the only sum required by the so,
ciety to defray expenses According to the insolvent's ac-
count, he was fr. quently successful in recovering property for
his clients, and he mentioned the name of Emerson as being
a man for whom he had otrained 6001.; hut upon being
closely qoestioned by the court on the matter, he adm,teled
that 2001. of the 5001. recovered was all that Erntram
lied ever received from the society, the b.lance
having been retained by them for law charges.—
[he chief opposition in the ewe was that of a man n irned
Davies, whose appearance excited the sympathy of the
learned commissioner, and indeed of every one in court.
his person, who had lost the use of his right hand, and had
pseud with his right I,g, stated that he was the son e,f
guldemith, its Ouleen•tquarc, who, on his death, left him
sufficient property in the lauds to realise about 371. a year,
besides a.. interket in as estate celled the Oandaland estate,
in Herefordshire, worth to Desks about 1,3001. lie was in-
duced to apply to the insolvent to assist in obtaining poems-
won of his property in Herefordshire. Subs. quenily, t.ow-
ever, being in some distress, he was oompe lea to make an
assignment of his entire interist in the Oandaland estate
to Mr. Roos, receiving in consideratiou fir it the sum of se.
Ile was moreover persuaded to give Ross an I.U.U. for
1,2001. upon obtaining a promise that some mon which
*at, due from his brother ehould be gained for him Ross
did endeavour to get the money from Davies' brother, but
tailed to do so ; whereupon Davies was thrown into toe
Queen's Bench Penton, from which place he was liberated
upon giving a note of hand fur 1,3001. to Sir John Kota.
Upon that bill an action WAY brought, and judgment ob-
ta.t..ed in Sir John Rows name, eho served Device with
another writ, and, to le.e hie own expression, lie was coin-
pell. d to do things he never should have thought of doing
for the sake of keeping his family out of the streets." An
Arrangement was aubotivantly entered into between tto so-
ciet. and Davies that he (I/ivies) should receive 11. a we. k.
trim the society, who at last had been fortunate enough It
MOM r a cons.di Fable sum on Davies's account. This got rt e-
intuit uw to some • vent rani, d out—a third of the amount
recover. d having he. a paid over to him by such instalments
—but he informed the court that he was entirely the slave
of Ras, who would force him to put his name to all kinds
I of papers hetere hatilltrig him his weekly pound. Ile was now
• utterly destitute, and his family were its the workhouse. The
object of hie application was to obtain thu fulfilment of the

agreement made by limas, nr the T. maratins of his papers, at
present in the hands of the society.—Mr. Rosa's r..ply to
Davies's statement was deferred until the 1111/1. hearing, the
case having been adjourned until June 3, in order that all
books and papers connected with the inenlvent's affairs might
foroilued.—At the close of the case
R, Davies again came
forward,
ard, s
and informed the court thot osa had that morning
held out a threat to him that if he persisted in hie oppou
tion he should be again thrown into prison, and advised the
poor man to " take leave of his wife and children " as soon
as he weld.—The commirioner considered such an attempt
to intimidate a witness, a contempt of court, &La refoied to
extend the protection of the court to the petitioner, adding
his opinion, that he would not have been ac ing too harshly,
had he committed the insolvent at once for the offence.—
The ogee stands adjourned till the 3rd of June.

POLICE.—yESTERDAT
GUILDHALL. —A S STIWOOLL— W. Prieenten
was charged with robber). James Tillty, shopman to Mr.
Thomas, of Ludgate-hill, jeweller, said that about half-pa t
nine o'clock that morning he observed the prisoner purposely
piece his shoulder against a largo plate square of glees sod
break it. Before he could get round the eouider be ob-
served that both his hands were through the window, and a
silver watch in each of thous. When he got outside he col.
larcil the prisoner, awl dragged him into the shop, and a
terrible scuffle ensued, which would have eventually re-
sulted In the prisoner's escape, had it not been for the ar
rival of the polies.. He identified the property as being his
master's.—James Ratcliffe, 375, stated that, seeing a crowd
about Mr. Thomas's door, he entered the shop and found the
prisoner struggling desperately with the last witness, He
immediately took him into custody, and during the scuffle
which ensued he got him down and took the two watches
out of his hands. Two rings were picked up and brought
into the 'hop by some other parties.—Edward Funnel',
another constable, said that he went to the 'pasta tee of the
last officer, when the prisoner "truck him a violent blow and
knocked his bat off, besides tearing his clothes. They gut
into the street, and in the attempt to coney him to the sta-
tion-house another square of glass ass broken.—Aldermen
Copeland asked the value of the glue and other property ?
Mr. Ti:by *aid the value of the watches was 71.; the two
rings founts outside the window, 10s. each; au i the broken
square of glen, a —The prisoner declined saying anything
is his defence, and Al amen Copeland fully committed him
to Neweate for trial.
WORSHIP-STREET.—Seockteo Occuattattce.-- W.
Nntia, a cabinet-maker, was charged with having fired a
loadi d pistol at Sarah Ann LAI. The prisoner was
about to be married to the injured woman, and on Sunday
morning she called to vi,it loin at his residence, in White
Bear girdens,Kingaland, during his absence from home, sad
was invited to wait till he returned. Shortly before her ar-
rival the prisoner's brother, and a young mart named George
White, took down a large horse-pietol, which was u•uelly
kept unloaded over the mantelpiece, and, having charged it
with email shut, pace ded with it into the yard, fur the
purpose of shooting some birds, but were induced to return
without discharging it, and replaced the weapon in it. forint r
position. The prissier returned home stoutly afterwards,
mail atter sum, conversation abut the loss of a favourite
bird, which had bera destroyed by • cat, he pulled down the
pistol, which he presented in a sportive manner at the girl
Luff, and saying " I'll show you how I will serve the cat,"
touched the trigger, and dischargtd it an her face. Th • shot
took effect immeitietely under the right eye, front which blood
poured down in a stream, end the prisoner, upon ob.erving
it, exclaimed, "Opt, good God, what have I done ?"
Some one brie loaded the pistol without tiling me anything
abut it." On receiving the shot the poor girl endeevourta
to stanch the ulood with her hands, ivied, addressing the pri-
, twiner with a feint ejaculation of "God bless you. Smith I"
was staggering beck, when she was saved from tal:ing by two
of the witnesie a, who supported her until the arrival of a cab
in which she was imrnediet.ly veyrd to the hospital.-
3erjeant Sheehy, t, N, stated that us receiving lamination
of the occurrence, he proc edid to the howls end apprehended
the prisoner, who appeared to he greatly distilvied, and es•
"tired him that it was entirely accidental, and gave
in
account of it precisely similar to *het detailed by the wit.
mama The serjeant produced two certificates from Mr.
Girdlietone, the house surgeon of St. Dartholumew'e
cal, stating that the gee life was in danger, and one ot her
eves totally destroyed —When called upon fir his defence,
the prisoner, who was deeply affected, declared that he had
nothing further to say than what had already been stated
Mr. Hermit' said that it was a deplorable cave, and though
the act appeared to have been purely inadvertent, he felt it
his duty, as the life of the injured woman had been pro-
noune d to lie in imminent eopardy. to remand the prisoner
upon the charge, but would accept substantial bail for his
future appearance.
LAMB' Til.—MYSTelitOen DIAAPPIAbtANCe OF A LIT-
TLK trittL.—A gentleman, named Riddell, residing at N 11,
Paricroad, Stockwell, applied to Mr. Belehtne, for 114 ad
vice and assistsiete in discovering hie daughter, a girl ot 12
years ot age, who had disappeared un Saturday week in a
vi ry mysterious manner. The applicant, who seemed much
adectiti, stated that about mid-day on Saturday, the 20th
instant, his daughter, Anne Maria who dreesed
in a 'deck bonnet,, silk scarf trimmed with crape, Macs
-ilk drawn and cloth boots, left his house to take a
walk, and from that time to the present an trace could be
made nut as to what had become of her. Her absence, he
said, could not be accounted for in any way, as she had been
on the boat terms with every person in the house ; and on the
day in question bad merely gone out for a short walk. The
applicant had not only given the tumid information to the
police, but had inserted an advertisement in the public papers
and hut had hand bill. eirculet ed with a description ..f the child,
and offering a reward of Si. to any one who would wive pueb
information as would lead to her recovery.—Mr. Bellautine
remarked that he appeared to have done °v. rythiug that
mild be dune in such a case, and he did nut know what
further to suggest, else he should be most happy to do so.—
I he applicant thanked his worship for the ktudnes. with
which he had hand him, and left the court.

MONEY MARKET.
MONDAY Events°.
The funds have been steady to-day, but with as
few dealings as in ordinary times. Speculation re-
mains suspended in the absence of striking cvi nts,
although it may be added that the incidents of the
trial and sentence of Mitchel, the Irish agitator, were
calculated to mike an impression upon the market, as
to some extent they did. In Dublin the splint, n-
sions of consequences led to considers bit) orders for
the sale of railway shares in this market. Such, how-
ever, is the confidence in the Lord Lieutenant, Oat
little doubt was entertained of all measures having
been providently taken for the preservation of the
public peace in that country against any contingency.
Console, which but for the Irish draieback might have
been better, remained all day about 811 to and so
left off, for money and time. 'these were the prices
of Saturday until the close of business, when they left
off , lower, at which rates they opened this morning.
Reduced Threes were 824 to ;-;. Three and-u-Quarter
per Cents., 831 to a. Long Annuities, 8; to 9.16.
Exchequer Bills were last quoted 31s. to 355. pre-
mium. The fall in these bills is exciting some
inquiries as to the origin of the sales which should
occasion the fall in the premium. The more general
solution is, that as the Bank must now be call, d upon
by the government for advances on deficiency bills on
account of deficient revenue, it has been deemed expe-
dient to dispose of some portion of the bills already
held to a considerable amount to make way foe the
demand for accommodation. Another version how-
ever is that many June bills have been sent in for
payment in cash, on account of the reduction of inte-
rest. Bank Stock was 191 to 3. India Bonds, 20s.
to 255. premium.
'the business in the foreign market was almost al-
together confined to Spanish stocks. Advices from
Spain gave assurance that the dividend on the Three
per Cents., a small amount after all, would be forth-
coming when due, which was doubted of before, and
so they advanced to and left off at 221 to 3; the Fier s
at 121 to 13; Passive at 31 to 1. Portuguese, 16 to
17. Dutch Two end a Half per Cents., 41 to 2 ; the
Fours, 61 to 2. Mexican, 151 tot Venezuela, 15
to 20. Peruvian, 35 to 7. Brazilian, 06 to 9. Buenos
Ayres were done at 23, but quoted 20 to 3.
The advicia from Hamburg to the 27th inst. report
the rates of discount from 21 to 3 per cent., and
money easy. Exchange on London, 13.74. Hopes
were entertained of an early adjustment of the
Schleswig-Holstein affair.
It has been shown that so far as the dividend onl
the Three per Cent. Hewes, which becomes due oni
the 22nd proximo, the amount in the hands of the
public was too unimportant to justify the sopre-
liensiou of any failure of payment on the part of the
French government. The improving position of the
treasury account with the Bank of Franco for the,
last two weeks, though not so large and decided as
should be desirable, is still a satisfactory move is the I
right direction. From the 11th to the 25th instant,
about 13 millioqs of francs additional have been
plac d to the credit cf the treasury in that establish-
ment. At the some rate, say 61 millions per week,
for the four weeks whi 1, reckoning from the'
25th instant, the date of the Bank's last returns,
intervene before dividend day arrives, the trea-1
tory fund would be strengthened by 26 millions
more, thus making, with the amount now in hand of
26,1 millions, a total of 324 millions. In the course of '
some remarks on Filthy) it was anticipated that the
"returns of the Bank of Franc- next published"
might be expected to show a furth r increase, as so
the event has proved. At the nine time it was shown
that, so far us individual stockholders were concerned,
oily about 15 millions it francs would have to be dis-
bursed for dividends, whilst the 161 millions of the 3
per cent. ltcntes rt maining, which appertain to the
sinking fund, might, and probably will, be discharged
as heretofore, and under the lase government, in trea-
sury bonds carrying interest. It is evident that the
punctual lullilment ut ob.igations to the public credi-
tor on this special head need suffer no interruption for