The Express.
London, England, 1847-10-19 00:00:00

INSOLVENT DEBTORS' COURT.

iito7;*. L;;.-
The new act, transfemng the insolvency business hitherto
taken cognisance of by the Commissioners in Bankruptcy,
to this tribunal, came into operation to-day. There were
bat two protection eases, which stood on the list fir 12
o'clock, but, owing to the mass of other business, were not
taken under consideration until nearly 5.

IN as H. CORETEN.—" SECURITY REQUIRED."—ThiE
insolvent, a florist and soodsman, was opposed by a creditor
named Powell. The present was his third appearance in
this court, and the complaint made by Powell was, that he
had fraudulently deprived him of 501. It appeared that the
insolvent had engaged Powell as shopmaa and clerk, re-
quiring him to deposit the sum of 501. by way of security.
At the termination of his engagement, however, Powell
neither received the 601. back, nor the amount of his salary.
Another @hope= had been served in the same way, but did
not oppose.—The learned Commiwioner remarked that the
opposing creditor had been dealt very unfairly with by the
insolvent, who would be remanded for three months from
the date of the vesting ardor.—Remanded accordingly.

COUNTY COURT.

..______
Dame D.C. Moylan, Fag., Jodie.
Austere—One of the pruicipel features of the new bill
was to do away with "agents" who, under the " Court of
114gssols" system, were in the habit of fleecing the poor ores-
tures summoned to the courts moat outrageously ; but, in-
stead at doing so, the number has considerably increased.
Ina mom yeauday, one of them actually summoned a poor
old memo Ikr 104., " for," u his particulars stated, " two
stisademiss span you, receiving instructions for taking out a
smauseu=tbefore judge, &c." The learned judge
e mad said, "Why, you ask for this just
mei es I should allow a professional man for
his attendees*. unload of 10e., I should say 10d. would be
• great deal too stash. If you bad lent your arm to the
peor worm to support her to the court, you might have
charged WS, for your presence before me, you cannot re.
cover. Tba osso Y disseissed. The " agent" said if that
was the epilog d she Jodie, be should discontinue that
branch od tlms probssisa. The judge thought the sooner he
did so the better.

MARYLBBONE COUNTY COURT.
Before A. Amon att., god a Special Jury.
Tux RUNNING Rune O. WEST.—
This was an action brought by the plaintiff, a respectable
tradesman in the neighbourhood, against the defendant, the
landlord of the Masons' Arms public-house, in Tichborne-
s Edgware-tad, to recover 201., the amount of the
secondre prise in a Derby sweep in the memorable Running
Rein year.—Mr. Townsend, on behalf of the plaintiff, stated
that, in the month of December, 1843, a Derby club had
been established at the house of the defendant, to which
the plaintiff became a subscriber, and paid in a guinea
as his stake for the approaching Derby race. The
money subscribed by the members was to be divided
—lOOl. for the first, 201. for the second; and 221.
to be divided amongst starting hones. At the drawing
of the horses the plaintiff got the hone lonian allstted to
him; and this horse came in third in the race; but owing to
some strong doubt entertained at the time that the first horse,
Running Rain, was disqualified, an appeal was made to the
Jockey Club, and those gentlemen and subsequently a coat
of law pronounced him to be so. The consequence was that
Orlando, the second horse, was deemed entitled to the first
place; and the third, lonian, to the second, so that
his holder, or rather the holder of the ticket re-
presenting him, wu entitled to 20/. The plaintiff,
who was the holder of that ticket, served the defendant with
a notice to the effect that he was not to pay the second stakes
te any but him. But, notwithstanding this, the defendant
thought proper to pay the prises to the holders of the tickets
of Running Rein end Orlando, and the object of the
iron, action r, a that et einaintop at it! hands of
the court end jury tnu so which he had been
entitled to since the lest week in Ma 11444.
The learned gentleman, after referring to some legal autho-
rities on the subject, called the plaintiff, Mr. Wm. Wiltshere,
who deposed to having subscribed a guinea to the sweep
established at the house of the defendant, and having had
the ticket of the hone lonian drawn for him. Hs also
stated that he had, soon after the race served the defendant
with a notice not to give up the second prise, of 201., to any
person but him, as he was legally entitled to it. He subse-
quently called on the defendant, when he said all the matter
was settled, and offered him 17s. 6d. as the holder of a
starting hone. In his cross-examination by Mr. Wallinger,
the mantes said he was not *attain whether he sent the
letter to the defendant by post or not, but thought it
was by post; but he had a witness in court, who
could prove the fact of the prisoner having read the letter in
his powossion:—Mr. Wallinger addressed the court at some
length, and contended that under the statute of M & 11
George 111., for the suppression of illegal lotteries, the
transaction in question was illegal, and the plaintiff could not
recover. The Ws, he said was, that Mr. West, the defend-
ant, felt himself called upon agreeably to his rules, and with-
out waiting for the decision of the Jockey Club or the Court
of Exchequer, to pay the prises to the holders of the tickets
of Running Rein and Orlando, and it would, therefore, be
monstrous a the month of October, 1847, to compel him to
pay a second time a sum of 201. which be bad paid
in May, 1844. In the case of the half-guinea
sweep for the same year the holder of the ticket
far lonian brought an action against Mr. West, the present
defendant, for the recovery of the second prise, but
the plaintiff was nonsnited, the court bolding that the
transaction was illegal. If, therefore, the higher court,
had ruled that the transience was an illegal one, he felt
satisfied that the jury, under the direction of the learned
jades, would explain to them the law, would give a
v for the defeadant.—Mr. Townsend, in reply, said
that the set of the Bth and 9th of Victoria repealed that of
the 10th and 11th oldsters' the Third, and as this statute
had been paned subsequest to the decision in the Court of
Exchequer, the plaintilbad a clear right to recover. But be-
sides this it was quits ekes that though the statute might debar
a Oaintiff from beittiisr an sedan in the superior courts at
Westminster, there vas nedito prevent his doing so in a
musty court, and iesneeeing.--fle learned Judge, in sum-1
ming up, remarked that he was eiserlp of opinion that the
transaction at the tine Urns mewed eat woo en illegal trans-
action, and if they, the jury, decided contrary, the verdict
would be their,,—The jury (Ave in number), Uttar consult-

ing for some minutes, set re asked by the natter of the court if
they had considered their verdict, when one of them replied
that they had. and that they had found for the defendant.—
This was said With evident reluctance, aad one of the jurors
instantly replied, " that is not my verdict by any means."—
The learned Judge he ro repeated that it was his decided opi-
nion that the transaction originally was illegal, and that the
verdict, therefore, should be for the defendant. He (the
horned judge) had no hesitation, is the face of the public, to
'spree this to be his opinion.—'h jury again consulted,but
it was perfectly clear from their manner that they were not
likely to Well, and that one of thane at least had determined
upon holding oat. It was here pointed out to the learned
judge that by the 89th seetion of the County Courts Act
he had the Rower, where he had no doubt as to the law, to
direct s nensuit The plaintiff was accordingly rionsuited.
—The court was much crowded during the proceeding.