The Express.
London, England, 1847-12-10 00:00:00

THE EXPRESS, FRI DAY EVENING,

• - •

of ashainieratina le Shp plels a thadastit of the men. I
toe who Ind Wein eel prsaate. lieleaWlMlsitiihm the surri-
sera* el die wewserealenes the annadatlea by the latter I
wen Orl rod Wain ea Way awl Mem* die meet from
the fdte cansway of falai ea hint te sweat his dieffaimer.
The leamewl esarel tibia west threw& the latiameat el Sir
Keehn% learsee, la " Benham cHassfraa." refor-
mat woe awls patiartim esatealai that limited*, well
ansidered, aiwlthe feats Waddle& willithase ia the prapiat
ma, that
the waseeasimeive oldie reatawraew bellies the
eenatt.--Yr. Plaseek wea was Mime of the piss, eon.
tunas, that time monsiatlea net Inel, am was erred
the hr wasaisr mirascing might, if tie
eraas afterwarit wad set ; and it had been de.,
sided the rift sasseast must join one who bad
reasons& he all snits. If that were so, these suits wool 1 all
abate M the du* oldie acting executor, according to the
of the plaintiff. But that could not be the ease,
Zsiritherefere hollowed that, though a man renounced, he
reseabead esserner still; and where there wu an executor
there met he a will. The power to grunt letters of admi-
nistration with the will 'annexed ruled on the basis of a
quasi latestaap ; but there could be none such it there was a
will and an executor alive who was willing to set;
and that eeadition could eat be solved till he
had be altai, and had either refused to appear, or
had will reareased when he apprized. Much stress had
re tea ea the jailivasat of the court in " Harrison v.
in
bet ea a 41.80 exassiaation of the positions there
laid down, it weal& be found not to be borne out by the
come.—Mr. Hues Parke, it being now 3 o'clock, inter-
, rupted the learned weasel, and, intimating that the court
could not sit any longer, directed the case to be resumed on
, the first opportunity next term.

Pares.—Before he Y. Pollock, C. 8., sad praial Juries,
BROOK/ AND Ossaxs V. ATKINSOII.-001:ba AOENTS'
CRAW:MIL—Mr. Knowles, Q.C., and Mr. Bovill, were
counsel for that plaintiffs, who are the well-known house
and estate agents sod auctioneers, in Bondetreet —Mr.
Ogle and Mr. Huddlestote conducted the defence.—
It appeared that, in 1844, a Mr. North, the proprietor of a
place called Ounnersbury Ledge, employed the plaintiffs to
sell it. The defendant, who is a wholesale perfumer, also
carrying on business in Bend-stmt, became the purchaser,
and airmen immediately afterwards he instructed the plain-
tiffs either to let the premise* at 2501. a year, or to sell them.
Their description, and the terms entered for Mr. North in
their books, were altered to meet the wishes of the defend-
ant, who, it appeared, directed the plaieviffs to make no
charge as to the purchase money-70001. (required by Mr.
North), but to lot it stand, observing that he was very sure
the plaintiffs would not be able to get him anything like
that sum. lo March, 1845 cards to view were furnished by
the plaintiffs to a Mr. Boddir.gton, who had then no
intention to purchase. In the month of May follow-
ing, the defendant, while paying the plaintiffs a bill
for drawings of the premises, stated that they were
sold. lie was asked whether the purchase was effected
through the pleintiffs' introduction ? lie said net. Mears.
Brooks and Greene soon afterwards discovered that Mr.Bod-
dingtou, to whom they had previously given cards, was the
purchaser, and that the sum paid was 5,000 guinces. They
demanded their fees, 21 per cent. up to 5,000!. and one per
cent. for the purchase money exceeding that sum. The defend-
ant refused to comply with the demand, stating at the same
time that he was prepared to pay 5 per cent. upon the amount
of one year's rent, as the instruct iota gi wen were to let only, but
that if Mr. Boddington would certify that the purchase was
effected through the plaintiffs' introducties, they should be
paid their full per tentage. On July 22, 1846, Mr. Bod-
disgton accordingly gave a written certificate, stating that
he had had no introduction, and knew nothing of the pre-
mises or their proprietor, except through the plaintiffs. T..lie
defendant, however, persisted in objecting to his liability
beyond the per 'tentage fur one years rent, as the only au-
tbority be had given was to let the property.—The jury
found a verdict fur the plaintiffs.—Damages 1141, exclusive
of 131. paid into court.
Bsxsat.r. r. Ls wig --Ft -PBCIAL JOILOIB' INCONVINBLX-
', csai.oa this ease being called on, there were wily
Ow quid jurors in attendance, and the contact
moored to pray a tales, it was made a re-
Ono send, man summoned as a special juror in this
eon gonlibibeed of the hardship and great inconvenience
to midi be and many gentlemen similarly eircurnetanoed
boll been, teem after term, subjected by being compelled to
alum themselves unnecessarily from their budnea. littlead
lees for several days in waiting at 10 o'clock every roseelleg.
Pm bad made inquiries of the officers of the court to sew
Wm Timelier his attendance upon those days could be db.
mewed with, so the case then called was the only one k
while' be eras summoned, but he could obtain no definite or
othilholoir Woo motion upon the subject, and felt therefore
bonsai* 11111111b1.—Tbe Lord Chief Baron said it was impos-
sible dot pelmets called upon to serve as special jurors could
exposit to avoid very great inconveniences. Be was sorry
for it, especially as he had it not in his power to afford any
redress, but, it was perfectly unnecessary for the gentleman
who bad addressed the court to have remained jln st-
teadanoe so many days. The lists of the cues for
trial each day were regularly made oat--certain days
were set apart for s jury trials, and upon
those days only were • jurors required to be present.—
Mr. Martin, Q.C., Mr. Knowles, Q.C. (counsel for the
respective parties), intimated that their clients bad no objec-
tion to pay the gentlemen who were then in attendance.—
The Lord Chief Baron said as the gentlemen had attended,
it was quite right they should be remunerated for their lose
of time,
OABDISSI r. lilavan.—This CYO was also made a Ta•
menet in consequence of the absence of the plaintiff's
counsel.
Thee, sittings having terminated yesterday, the Lord
Chief Baron will preside this morning it Guildhall.

SBBRIYF'S COURT.
lekre err. Sob bid horusell.
Botrame o. Basima.—Lusturr or A HOSBAND.--This
wee an action to roomer the aunt of 147. 10s. for necessaries,
de., supplied to the defendant's wife. Another want in the
declaration alleged that a certein portion of the claim wee ,
kr money phis the me orb debbat at his 'request.
TheSiff, end defendant are both pnbliesna, Mr former
at eel the lease Derkbeg. In Fetwom, last
Mrs. wit of the dellamisat, wee ia holidirod health,
sod hen seat, Mrs. Souroo, wit of the *WOK wed dews
to arks, sad she remenotesded Melo try whet did a feel-
dosed Loodeawenbliasve upon/ma heath, emistimagh bee
beefed was dideslined to emotion the entreement, Mrs.
BleadieftDerldimaerl Medawar, hod somaeestlblegwith of her
same. Fent itamsey di ;die Mr& 'bead t the
piddle, mil dart, o modes at the Moe she was under
medal testament, at the asporoe of the she
It was
it of the Iced, Wit& b., supplied to Mrs. Broad,
e modieel expense* hasososi a her account during
this nhh, that the premed eats we beweght. For defense
a asaabsd IdiSINIMIS WIMP edged, lots primed that Mrs.
Bead woe Om letempenite the
ite
wao &edam to goadloo. The dellasisetWeepnd
that he sea wee very =dam; thr It wMe to 3_s ; that
he never mosamed km remaining absent tram one ; that
while at rme the was freely simplsed
sated It hee Mid= 1 that she wee Ablated to
WA that is of. her line otemolast bb son hod
had to *blebs babes. It wee beset. on the autho-
rity.' the pinintiC thd Mn. Hem& Arita Me left Ids
home, meat to des maim a apshilimma's motestion, and so.
thing bed losimaigLi sheen. Upon base feels it
Imo aged lid dogmatist could not be liable.—
The igenesi la tamming up mid, that if the
miasma matiol t ekm that at the time lire. Broad left
Dyads' the tided was a mehmenesodso par% be wee
notliooklo. It be did am®t to bee rimadel be was Ude
in alt sessemeles supplied to her while she we away.—The
jmy bud a, maid for the plaintiff der W. la., the aimed
-of the deMeee be, and the chemist's es.—The Under-
MEM, make application of the defemillWe mural, Mord
the welt, and gave leave to more to eater the verdict fee the
deleakett, on the ground that the verdict being on the meat
for sway paid at the decadent's legume, these wee so
evidenee et either a request or as eutherity, ee
direst, Ise the plaintiff to pay etchsamoys for Ms me.
Tns Qum e. Pox.—Onows littletr.—This was at lis•
loft nadir an extent in aid, is mamiain in what amount
the defendant, who is a paper-manufacturer, at Charketewas
Derbyshire, was indebted to the crown for duties on paper
manufactured by him between the 11th of Oct. and the 7th
Dec., in the meant year.—Mr. Jim. Sexton, supablen-
dent of excise for Aehtoa-under-Lyne, proved the emenst.
due to be 3161.19 x. 7d., for whisk sum the jury pm a
verdict.
PatoctAmAnos or Orn.Aw ay.—The
were called upon to surrender or he awhitu=_
William Paget (commonly called Lord
Hon. Henry Stanley, Crewe Reed, Wm. CathboriNgilleet )9,
William Tartar, Stephen Temple, Erie Baker, Cheeks
Henry Burger, W. W. Sleigh, Edward William Cobb,
George Pitt nose, Michael Dreams, Frederick Holder, Ed-
ward Jiimt Bayard, William Lanham, and Henry Arundel

ILdRYLRBONR COUNTY COURT.
Beton A. Mew, NA, Judge.
PALM v. THE OnIIAT Waits= ILATLWAT CONTANY.
—ALLEGED SYSTEMATIC COTECNNE YOU ENE CONVEY-
ANCE or Catkins' Oooes.— TM et eat* Itt
by Mr.litichaall Parker, the ankr, of theOliathw, fit
the Great Wegwra Railway Owepay, Wm*" the etcof
10r. 74d., fee sa alleged 01121101.0 ft thownfagestgotals
at tutees thaw that has tr Wittig. 'Thiustsro se-
veral Who ostiths the wars et *kw of
the passat 0* Natal that th, sus in dh_
pate was via, yid L eel seethe bed the =.of ex •
leallatramealtghs Grad Waimea Railway y had
ingis ideate Itherebitthestart. Beim a carrier to
apeedethst ea that lbw sig 4,A hs hadedithtd to a llairetwitat; sad HI 1444.1/ "._.tloall 10=.
=JIM , sad MOM.. lie ONO saws., at at value of
eilff*._ 1107 On wased. ba, ass ressea-
*as* a* had dialthatel Was dose. As te the pmt
adios* distill pave that ea tis lad of Nowt*, a hom
was rat istitha tads at Beth with a dlnetles that
it was te b delieend to hiiiipl;latiii) at tha
that toe sea than to it Shea the swig=
ltha sib arrival. Ihstre watast eg two
bat as that ww Own WWI litiadre mow swil as the
igewassi whit 0 at thaw wtht led he a
itseal 1 bile. the.. es
ir=eßje 0 ii-
ethee ownhargo, wars for ofikrath
'wad troat Twitiod Cbilitheni—to—ths
giggra.—ber. T fbe dw dilwany, said he
that lit had bus Ibrthe hone, haematite thesta-
lialw htiteseived wish et that raw lewd Wang
by a sasianare. da
me the, .
F .atel.- i— ass et ~.,
wit a wet* Withe
ids = ),
wham leatheye to be methivrEttlisompuky,
mai welds. Wei as b. being heir af the hares.—
**wesodtatisa las said he nab se aggileallea he the
hew the id hominid, biome Wiehliwo, ass we fa lb.

10 11147.

habit of riving him notice when any goods came.—The
plaintiff mid that the company, u common carriers, were
bound to gin notice of the arrival of goods of any kind.
Besides, his stable were as near as those of Sherman.—Mr.
Temple said the company was not bound, :in either law or
courtesy, to give notice of the arrival of a horse. The usual I
practice was to send it to some stables. He argued that the
company had • right to snake the charge,.—Plaintiff stated
that the company had charged under ,the filth-clam, while
they should have charged under the fourth.—Mr. Temple
said this question was entirely dependent upon the construc-
tion of en act of parliament, and, to the company, involved
a matter of hundreds or thousands of pounds. The 5._
tiff, in his declaration, stated that there were three pas es
of meat, under the weight of 200 lbs., and he (Mr. Temp e)
should show the company had a right to charge for such
under the fifth-elms. By the sth and 6th Will. IV., c. 107, it
was enacted that " it shell be lawful for the said oompeny from
time to time to make such orders to tie th
ee sums to be charged
by the said company in respect of small aels (not exceed-
ing 5001 b. weight each) as to them shall seem proper; pro-
vided always that the provisions shall not extend to articles
sant in large aggregate quantities, although made up of se-
parate and distinct parcels, such as bags of sugar, coffee,
meal and the like, but only to single parcels unconnected
with parcels of a like nature, which may be sent upon the
railway at the same time." This proviso applied to the pre-
sent case, the parcels being small, and directed to different
parsons. With respect to the hone, he called one of the
clerks of the company who stated that Sherman was not in
the employ of the oompany.—The plaintiff contended that
his goods should ne charged for in the aggregate, and not as
separate parcels, though they might each be under the
u eight of 6001 b. The company had almost ruined him by
their charges. They owed him 11,0001., and he had en action
pending for 6,oool.—The Judge said he should not decide
without much coodderation, and he should reserve his judg-
ment until a future sitting.

BLOOMSBURY COUNTY COURT.
Before D. D. Beath, Esq., Judge.
BVLLOIAN v. MADDOI.—TRs Punnets's TRRATRII.—
This was an action brought by the plaintiff, a ma-ter car-
iiiter, against the defendant, the levee of the Princess's
Theatre, to recover the sum of 21. 19a. 7d., balance of a bill
for work and labour done.—Plaintiff stated that prior to the
opening of the theatre at Christmas, 1843, be was employed
by the defendant to fit up the property-room, and do some
decorations to the dress boxes, for which he was obliged to
engage two men ; and having finished the job he delivered
his bill, which was 81. 19s. 7d. Defendant paid him then
21., and by diet of great pressing he had at lung intervals
obtained 41. more, but on applying for the remainder, which
he now proceeded (or, the defendant refused to pay him, and
very much abused him.—A solicitor who attended for the
defendant attempted to show that the charges were exces-
sive, but failing in doing so, judgment was given for plaintiff
for immediate payment with costs.
CHAMUERB O. ?ITEM—A SURORON CORMITTBD FOR 40
Dave.—ln this case, the plaintiff, a tailor, sought to recover
from the defend.mt, a surgeon, the rum of 61, ss. for goods
sold end delivered. The present was a judgment order,
granted in Julylsst, before which time, on theme being first
heard, defendant had been ord, red to pay directly, hat had
neglected to do ass, Defendant now said that the order bad
only been received by him a fortnight ago, and three weeks
before that he sent a friend to the plaintiff to offer him s', in
lieu of the debt and costs, which he refused to take. He was
not now prepared to pay it, besides which the clothes supplied
had not turned Gut as warranted. The plaintiff said that a
person came to him and offered him 31. for the debt, telling
him that defendant was going to tsarina. Ile refused is
take it, and subsequently ascertaining that the story about
going to America was false he canted the order to be served
upon him. The defendant said he was a surgeon, but not in
practice, He had been supported by an independency.—
Judge You might have proceeded against the plaintiff for
a Cabe warranty of has goads, and as you do not effer any
terms I shall order your commi•tel to prison.—An order
. was then made out fur defendant's commitment for 40 dais,
which will be put in force on Tuesday, unless in the interim
he arranges with the plaintiff.