The Express.
London, England, 1848-11-16 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 16, 1848.

la any custuted Mu the tau la en pateWitehineon
Saving bun mob by ••••••1. OM So Is • femur
&ides his true& se " Vision arniumlimsm.,
" It isms te lave hoes thseekt that the somme nl•
hesri is
b.
hu
exuniled Wes
is somiudilkff. ,
01111. hems Issu nor is thus any niece to apprehend that
uhibleues ma istession of the isle will ever take plus."
fa Ina noef the author, after noticing that the
prudes hied beim in ex paste Hutchinson, said
" This le ism& to be lanteated."—The Vice-Cianeellor
said
that, without meaning to express any opinion whether the
practice el the Court riff Chancery had any hearing on the
present ore, he was of oral& that neither the predate in
heekier, nor the practice n bankruptcy rendered it incum-
bent on the court to refuse the present application, which his
Honour thought sufficiently suppnrted by the circuinstanees
of the caw Upon the petitioner undertaking to bid 1,250/.
in advance, his Honour directed a re-sale, the petitioner
plying the respondent his cats attending the former sale
and the present epplication.

COURT OF QUEBN'ti BENCll.—YeavinnaT.
Inv. In Berm.
The court proceeded to-day with the crown paper, and
disposed of several eases, involving mere techniaal points.
tea QUaint v. PHIVININ.—ItiScnoN or Ovaltilaalla
In this case a rule had been obtained by Mr. Prentice, on
behalf of the justices of Great Yarmouth, calling on the
mayor of that borough to show by what authority be claimed
to have the ebetion of the overseers of the poor there. It
appeared that a majority !
with e justices claimed to exercise
tM right, in conjunction his wonhip, but the latter
esatended that he was exclusively entitled to it —The Attar-
aey•Ormeral now showed caws against the rule, and in-
sisted that the Municipal Act confirmed the act of Elisabeth.
apes the Sib sad following minima of which the mayor
nought to sapped his privilege.—Mr. Prentice. having been
heard in support of the rule, the court decided that the
mayor possessed the right which he claimed, and therefore
the rale mutt he discharged with coals.

BAIL COURT.—Yeininnart.
Stamp Is Banco.—Bekee Mr. Judos Mime.
lIUMPIHMIT O. &MOS AND OTRIOUI.—Tme TITUS
COMMUTATION ACT.-111T. Beduin moved for a wale to
show cause why all proceedinp in this case lima set be
stayed. It appear d that the plaintiff was Ha WNW of
Houghton Norton, in the county of Norfolk. and is ear
fentants were the owners of an extensive estate sinned Is
that parish. During the lifetime of the late rater, Hr.
Wilcox, the defendants bad claimed the right to pay thews
of 101 as s amine is lieu of tithes. Upon that clam being
suds, as aristant tithe commissioner was seat down to in-
vestiganthe nutter, and lie eventually decided that the
defendants were entitled to psy a Mods's. Oa the 18th of
May, 1848, Mr. Wines died, and ths present plaintiff
succeeded is. in July, 1818. lie then oonunei.oed
an anion against the defendants for the paspese of
setting aside the judgment of the assistant tithe com-
missioner. The learned counsel nnw contended that the
Tithe Commutation Aot provided that all actions to set aids
the decisions of the tithe commiesionan must be brought
within three months alter judgment bad been gives, which
in the present canted not been done. Although it was true
that two years hid intervened between the time of Mr.
Wilcox's death and the plaintiff's appointment, that did not
&ter the can, for the Tithe Commutation Act expressly pro-
vided that no death should in any way dispense with the
necessity of commexcing an action to set maids the decision
of the commissioner within three emetics. The patron of
the living in question wm a Koala catholic, consaquently
the pneentatiun belonged to one of the universities, who had
allowed it to lapse to the bishop, who in his turn had allowed
it to lapse to the crown. Under these ciraimstanoes the
learned counsel subeniVed that he was entitled to a rule.—
The Court granted the appliestion.

COURT OF COHHONIa
liana. P—TIORIRDAT.
'Udall, LEAL
SMITH AND OTHERS r. ?Ha HULL °LABS COMPANY:
LIABILITY or JOINT STOCK CONPAPIIIIL—This was ax
action of debt for goads said and delivered, tried last
Friday before Hr. Junks Cromwell, at Gnildhall, when a
verdict was given for the defendant. It appeared that the
plaintiffs, through Hews. Farthing and Son, their agents,
had angst:sB*d to the Hull Gus Company—a completely
• Joint Stock Company, under 7 & 8 Vic., c. 110
a quantity of rifle's, used in the making and colouring of
gums. Evidence wan given by the plaintiff at the trial of
the receipt on the premiere of its company of the articles in
question, and of their being need foe the purposes of the
company. But the learned judge, °Damning him-
eel( bound by a recent decision in the Bachequer, " Ridley
o. the Plymouth. Devon, and Stonehonee Biking and Grind-
ing Company" (17, "Law Jeursal"),:direeted • verdict for the
defendants ea the ground that the plaintiffs bad not proved
that the connect was made with persons having authority
from all the shanbolden to bind them. Tice jury having
found a verdict for the defendants accordingly, Mr. Se/I*ot
Tallinn now moved for a rule to show cone why that ver-
dict should not be set amidcand fora new trial, on the pound
of misdirection. lie oontneed twit the Conn of Exchequer's
interpretation of the 44th section of 7 & 8 Via, o. 100, by
which the learned judge at the trial bad declared himself to
be bound, was incorrect. That section had been made to
mean that s joint stock company could only be bound either
by tho sot of all the shareholden or of a parson authorised
by the deed of the company to act on their behalf. He main-
tained that when goods were supplied to a joint stock com-
pany nemasory to arty oat the purposes tor which it wee
formed, the company would be bound, by proof of the deli-
very of the goods, without proof that the goods had been or-
dered by a pawn appointed under the deed of the company.
.4 Qs nil ranted.

PREROGATIVE COURT—YMT=I:43'.
Before Kir 'Siebert 'mar Tait.
HAGOaasTON V. All DilasON. —This was en application
foe an account to be rendered by Mr. Hem Audience, a
solicitor at York, as executor to the feasts of the father of
Haggenton, who had bequeathed a life interest M his
property to her, with Misfit of survivonhip to her husband.
—Dr. Sayford, on the part of Anderson, opposed the appli-
cation, on the ground that the parties had given •
ralSale to him as executor, and that an account
had been rendered.—The ;court, is giving judgment,
said, it felt the release was not • proper instramut. it was
prepared by as attorney in his own office, whammed by his
own auks, fee hie own discharge from his reepossibiktiee.
The court could not admit of melt an instrument. Mr.
liaggenton claimed an account from Animus, es executor,
suiting u a reason that money had been received from the
Court of Chancery, which had not been accounted for by
Anderson, as exerutor.—The Wart required a comma* of the
value of tke amt., and that it had bees duly administered.
It would reserve the question of Kota.

SECONDARIES' COURT.—Tzeranner.
More Kr. nonsdary Potter.
UN CP:ON V. Ora W. MAMMY
Tkis wee a writ of capies at legman, directing the &miff of
loodoa to secertain what property was pormased by the
defendant Sir William Thomas Stanley Ramey Stanley, an
outlaw, within his bailiwick. sad to noonlabY a J
value of the mot if soy. • Widen
of the crows. end shad that the writ weigii-ei at the in-
stance of alb. looloren Lewin a wilielter. A clerk in the
hisklag istalthisont of Meson Britt, Payee, and Smith,
misted dot moo moths ago wens sheets of plate were depo-
sited with Nu . Smith, Payne, sad Smith, as notrity
far a debt Ass to the by tits dehirdent. Re had not,
however, assn the plats, so that Le could not speak as to
its vales, hat he knew that Keen. Smith refused to pro-
duce Et add believed that Meson. Smith's lien upon
it
mho. Re was instructed to my that
Yana. smith, !gen end Smith, would not produce the
piste. • Oleo stated that some time ago be had
ems 1. ha. to mesa* la a sok *Mom Oeskall against the
eskerho• Rs west to Mae. Smith 's
allowed bunk to vy upon
the piste is e wee sot and one
of** patters tqtaw/Arra Hell him that Sir William's debt to' them of
4,0121. was shoo tho who of do plate. He waited upon
wadof to do Emsk of England, as the
of Marrs. lade and Co., ma sowed them with a
nodes not to pert with the poseeq. As this was all the
widen, gives, to
hormei j- try add the jury that it
won nOS asiebst to molds aunt to fist that then was any
property within the iwridietien ef eheril—Vadiet

POLlCE.—YilereiDaT.
MANSION.ROUSR.—Boacuray.—P. sad B. Lissiott
were charged with haying broken hale the Imehenee ef
Ibsen. Bigby and Co.—Mean. Rigby IW. le
aired property how time to time, aril gsigtire;
had every reran to believe that their seneata were not
abetment, bad employed • Ciq shear t:= into the
ratter. Potions= Dads sad the thorn= I
watched apes the errabes, sad ea Taesday sighs they
beard a sales la a itetekses ahoy %dew thew, rid epos of
rewards they rd
bea steps era a ladder, and herd that •
board which asps:stem the betteher's simpfleetroLthe parse
ia which they were raeseled Davy
walked over to the hoe
which as suddenly
presented lard for Wit-upees of revealing those
whom be saireeted have Mend tea oe.
coping, sad lend hie badman open the eget at the neb
..at Braliris Later wes at the top et the ladder. Dora
fellow se the ladder, awl albs hie" bilabial
raVtke he fellow
fugitive burg palled sway the Lida, mad fins
nakralt barbest lee the dicer to fad • bight of Mho
het. The ether bower never leg et the ell of
perseit ari era overteek and never_
bin
limorifrferost. Rubes sent Burris Urea at car le he
siatierbsess Davb retuned to dr barbseeihey sod
bend there Frederick Linton witbost cod, hat, and ens,
sad readiag rider the kola u if, to vas the Mews words,
be bid jar ease down through it. Lira dee premier of
Dearria Linter were bead in Davis era' ardeleabra
revery
irKern. Rigby and Co. The
fury bad bone made was, it aplomb eatissrateleynt
the pelpelles• relative.—The priapism were reseaded.
(11Millehm..—Truivis ON Loan MAYOR'S DALT.—
G. Aims was char o& with robbing Jams Be,
a lissered victualler at Vending, sold, en tha 9th
el eimbiler She Phew and another ran rows Idea down
tea Ilirkfrian.lrldge to Vferaunster.bridge, sad, having
beard than with two per of her, he retuned with them.
At Riesidemobridge he treated thank to two pots more, and
eared his fare to the primer's cospeaket, who said that,
se ihey bad fared so well, be would not take ea .Re
gou yea MST. bat wen OVlTtakill by
ties yebemer, ale dermas& his feu, sad tams rid kir
sad beak afterworde treat to the in
Angel,
Fore sad bed • giro efliarre. While wienea
revs It be hit his run mak esti, as ke was el:tab-
le& tbe sway harmed. The rimer was 511 des while
resift by his side. The sane, I gee taw her tbe
ride pocket el the Oak There era drat SI., whisk ma-
listed els Aare he U. 7s. a Beak of Inglead sob,
arm belfunersigae, sad h. work ef loiterers,. Wie-
ser as oat of dun site the primate, bat amid ar see
bla•—The primer was esearaiterl:

_-------
paRYLEBONE.—Crianon or Daeutern.—H. Cock.
bum, son of the late General Cockburn, appeared on
the following charge :—H. Partridge, in the service of
pic, W. Cockburn, SI, Brook-street, Hyde-park, de-
posed that im the previous afternoon, during the absence
of her master, defendant made his way into the
house, and eooa afterwards she heard a great =Me up stairs.
She went to see whit: was the matter, and saw defendant ,
smashing pictures and other articles in the sputment with a
poker which he had in his hand. Tre floor was completely I
strewed with the fragments of frames, chimney ornaments,
mockery, gat, and he remarked that he was able to pay for
what he had broken. Witness ran down to call upon Dome I'S
men, but they refused to interfere, alleging that it was
nothing but • " family affair." Defendant, who had shortly
before this treated the men with some gin, then celled
witness up, and told her to see what he had done, at the
same time 'lying to her that he had had his re-
venge; he also gave witness • blow, after which he
went away.—Mr.. William Cockburn, • clerk in the
Ordnincrefilce sad that on his arrival at home at a quay.
ter to six, he fennel the pictures, Btc., iu the state previously
deserihed ; the deniege was not at all short of 2001.; his
mother, to whom the property was left, entrusted it to his
care.—Delendant : Your worship, the things were as much
mine as my brother's and because I could not get any of
them, I broke what I %smoldered to be my share.—Mr. W. I
Cockburn, in MINIM to the magistrate, said that the paint.
legs and drawings, which were principally landscapes, were 1,
by his father, and that defendant was jealous and envious of
witness having them under his are.—Thu defendant
xi
was ordered to Sad good bail for hie keeping the peace to- f
wards his brother for six months, himself in 601., and two 0
sureties in 401 each, with 24 hours' notice.
SOUTHWAItK.—RevInon.-0. Barris was charged
with assaulting M. Rogers. The complainant stated that •
week ago, being present in a publichouse, near the Surrey
Theatre, she saw the prisoner whom she knew to be • mesa
her of the swell mob, attemptAo pick a gentleman's pocket.
She aequaintcd the gentleman of the circuonstanoe, and pre.
vented the robbery, and he having expressed hie thanks to
her quitted the place. The prisoner, however, aware that
she was the cause of frustrating his object in possessing him-
self of the gentleman's purse and money, kicked her, and
than running out of the house he made his escape. On the
previous night she went into the Equestrian Coffee.
WA's, adjoining the Surrey Theatre, and while she
stood in front of the bar the prieoner entered the
place sad struck her • violent blow in the mouth ;
and then abruptly left the house. She, however, ran after
him and gave him into custody. tier mouth was very much
cut, and bled grestly.—A policeman said that the prisoner
was always lurking about the theatres with other swell mob.-
men ; that ho had been several times in custody, and twice
or three times summarily convicted.—Mr. Cottinghant sen-
tenced the prisoner to pay • fine of 51., or in default to be I
committed for two months.
LAMBETH.—Ouriccom or THE Law IMPUTING I
TUIMPIKIIB. —J. Garlick, a collector of tolls at the
Vauxhall turnpike-gate, under the Surrey and Susses
trust, was charged with exacting and receiving more 31
than the legal fare. The summons had been taken 3
,
out on the part of Messrs. Smith and Dews, carriers. ;I;
Two points at issue in the present case were, whether se
the trustees were empowered to enforce a toll not specified on A
their board of tolls, and also to charge extra toll for waggons,
bt
the wheels of which REM not the width of six inches, and
it was admitted on both sides that the toll charged was not !!
amongst those painted on the board, and that the wheel of
the vehicle upon which the toll had been demanded and taken
was not of the width of six inches.—Mr. Elliott, who had taker'
• week to consider the matter, delivered his judgment. In ..
doing so he admitted that, notwithstanding the number of
enactments relating to the law on the subject, the question
at issue was left in the greatest possible obscurity. The
13 Geo. I 11. required the trustees to have a printed list of ;
tolls at each gate, and the collector, as their servant. was
authorised to take such tolls only as those ordered by them. t
The defendant, as collector, had failed to show that he was
authorised by the board or list of tolls to charge the toll in
question ; indeed, it was admitted that no such toll was spe-
cified on the board, and the case being therefore proved that
he had charged one-half more than the legal toll, he should
convict him in a penalty of 61. for the offence. Mr. Elliott
at the same time expressed a hope that, as the question was
one of considerable Importance, the trustees would t ke the
opinion of the Court of Queen's Ranch on it.—The question
is one of serious importance to the trustees, as it will lessen
their receipts a third on one particular vehicle, which will
amount to several thousand pounds annually.

PUBLIC SALES.—YerreunAy.
By limn. Damns and Gaups, at Clarramay'a.—Free-
bold estate at stanmore, Kiddlanes, called Stanzame-houge, coneistling
of NI•1101011, park lande, and the borne farm-home and land, contain-
ing in the whole 319 a. M. 34p.; estimated manual rental 9734 101. Sti.;
knocked down for 26,00(0.
Hill-home and two cow" adjoining the preeeding freehold, con-
taining in the whole 37a. Ir. lµ of land, let foe 1431. 12a. W. per
annum; 3,suot.
Kenton-lane Farm, at Marrow and Stanmore, containing farm-
house and building% and 463 a. b. 29p. of land, freehold, let for
6344. le. per annum; 25,300 t.
The Marsh Farm, near Stanntore, film-lwasi and building% and
160 a. hr. 6p- of freehold land, let for 2124. 3s. per annum; 6,9301.
Old Church farm, Stanmore, fann.houre, 'buildings, lee., and
IS3o. Or. lOp. of freehold land, let for 2521.• 7,0001.
The Grove, a quarter of a mile bona Waked, comprieleg mansion,
UMW. °mane, and IBM Sr. tip. of land, let for 3111. 17s. per
annum; 10,0001.

MONEY MARKET.
WIDNISDAT "WINO.
The stock market was occupied with the usual
business of pay day upon the settlement, which does
not appear to have caused embarrassment in any
known quarter. It is asserted variously that a mass
of " bear " accounts have been carried over at, of
course, a considerable cost, to the next account
day, which, supposing the steadiness of the
funds in the meanwhile, or their possible im-
provement is price, might create some of
thou awkward complications of amount, which
are not uncommon where settlements are postponed to
the morrow or some other distant day. Console hesi-
tated between 861 to and k above, for money for a
great part of the day, but became more firm towards
the close of business at 86: to # for money and time.
At one time of the day there was a " backwardstion "
of more thank in favour of money stock, or, as may
be more clearly understood, money stock was worth
so much more than stock for future delivery. After the
regular hour of business Consols advanced to 86i to
foe account. Reduced Threes closed 8.54 to 1. Three-
and-a-Quarter per Cents., 8.5; to I. Long Annuities,
81 to 9.16. Exchequer Bills, 40s. to 435. premium.
India Bonds, 345. to 38s. premium. Bank Stock, 188
to 190. India Stock, 235 to 237.
Some considerable tranuctione took place in
Russian stock to-day, and prices improved in conse-
quence to 981 to 1001. Mexican were rather lower
at 211 to t. Peruvian were steady at the recent
advance to 34 to 7. New Granada, 12 to 13. Bra-
zilian, 72 to 4. Chaim, 82 to 5. Spanish Fives, 11
to 1 ; the Threes, 23 to 1 ; Passives, 21 to 2. Por-
tuguese, 231 to 41. Dutch Two-and-a-Half per
Cents., 45 to 6 ; the Fours, 69 to 70. Belgian,
71 to 3. Danish, 62 to 5. To-morrow the tort-
nightly arrangement of account becomes due.
Some considerable quantities of gold, as well as
silver, have been taking their departure from the
Bank of England for some days put, which probably
the returns next week way show. Yesterday it was
observed that a much larger amount of business was
done in foreign exchange than for a long time past.
From hones it was inferred that commercial transactions
were extending with the continent, which probably
may be the case. But it is proper to be noted also
that the multiplication of bills might arise out of the
very considerable remittances of bullion and coin
abroad.
Reports have been current for some days in the
City about the probable incapacity of the French
government, through the penury of the treasury, to
meet the payment of the dividends on the debt next
ensuing. It may, therefore, be useful to mention that
the dividends next eneuing,due on the 2nd of Decem-
ber, refer, so far as stock, to the 3 per cents., which
amount to considerably less than one-half of the
half-yearly dividends due in September on the 5 per
cents. There can be no doubt, therefore, that, wider
present circumstances, the dividends of so much lesser
•mount now about to become payable will be

..
1111116201114 Met
11114111/111 FUNDS.
Bank Stock, VS India Ma. =der SLOW. 34 8
3 par Of. led. ABM. 061 6 South See Stook. 94
Ips Q. . , Comas for Ace4..161 1 ~.., . ..,
irt3" 3iore.lw MtAwiLp. SlNJek' 11860.
Di11ti:0,..506.1216.,0,.
ihmk.113,640.37.1.:
Mts. 10 Sys, exp. 10th Oct.. dn= 20..
magei.
40 :
Id..
nit si
isdi• Inca. 231 June. 40 31 6
IPOIIIOII FUN DS.
6 pr, t. 1ez1emi.1846.210 0 7 Cwt. B. dm hem
Me, nal. NI "C` X. ft6ll ..6 214 i
fr; ISt 3016P1"nFer1:6131.46'6. 6 324?erim Ct 91116.24' 12
r pre op
t, Sundae Dow* vin. s Da, 40 .
SL. NOW FA— 4 ter ut. DUNE 0.1.11•16% IN
km(NIANOES STOCKS Assam

41 ill- L.717-Wle". 1-7-
s.""lassil 114 64 ri 164311 a To 1 a
1 k ...... aoii64 • ea a% 63 44
44 --- " li
4 .
Maissos 'sleeks : 93"411. 16 ..1=461117.
ri:::1 Kr li Sesualormail 61
11.4.iaTillanlo. . LoakrilitneMmirstij
• 1171; i144.41441.1.414a4;i148111bA51W8AX
1,,h,.. • ~......
taint., 1144.9.—11 eve pc_ Onii.. ALlfta per S=.3l6.'lirell
Par OWL. a; I. INI. UP; Dt4444 II: 111.1 a

M
Maw

raiMil.,l4.

RAILWAY NEWS. 1
There was an over supply of shares from the
fact of speculators for the rue having overloaded
themselves. The market, therefore, was rather heavy
, towards the elms of business. Thie um the for
giving names for Wanders preparatory to thec
aele-
asst.