The Express.
London, England, 1849-02-16 00:00:00

HOUSE OP LOBDl3.—YerrazzAT.

BALI 0 7ilA---Ci. - CilitiLC-1-1

Boom lir

Otasoow.
This is an &null against interlocutors pronounced
la a snit isatitated in the court of maims by soma of the
miteabses of a society which was formed in Glasgow is 1834,
for building 20 additional parochial churches thine. Comd-
(hirable MOS were contributed by nuaserous individuals for
that and some churches were built; bat the recant
di • an the church prevented the completion of the
Maisel design. The object of the suit, which waa promoted
by some only of the sontributore, was to have the society
dissolved, the concerns wound up, and the mooed', after
paying debts and erpenses, applied in restorir g the contri-
butions to the subscribers. The question was whether,
although the original purposes failed it sae not still cowl
patent fur the society to U. the churches as chapels of
ease, &e.
Mr. Solt and Mr. Dualop (of the Scotch bar) were hoard
for the appellants. Mr. Stuart Worder, Mr. Bethel', Mr.
8. Bell, and Mr. Oordoa, appeared for the respondents; but
are not yet heard—Adjoureed to Monday.

=HITT COURTS.—Taarannaw.
Orbro the Vienehumellor of EngtsaL
BODDINOTON IP. ma ()SEAT WiSTSZN RAILWAY COM-
PANY. BILL. FOS EIPICIFIC PSILTOZMANCS OF AN
AORSIUDINT TO TAILS LAND.
Tel suit was instituted for the specific performance of an
@peasant catered into between the plaintiff sad the defen-
dants, by which the defendants were to take metals lead
belonging to the plaintiff, for the purpose of constructing the
Rugby and Oziord Railway. The cum to be paid was 1,4.501.,
and the agreement WAS entered into about three years ago.
The plaintiff now des;red that the neme might be med.
immediately for sysii6fic performance, without any reference
to the =Mew as to title. On behalf of the midway company,
it was contended that the bill was premature, and that the
time for spapeeceiefic performance had not yet arrived. By the
act .tics the construction of the railway the company
were to be allowed wren years to complete their works, and
under the agreement entered into with the plain-
tiff no time was lied for payment i f the pur-
chase money, and they were not to pay interest upon it
until the period at which they should commence their
works. The company had not yet entered ints posassion of
the plaintiff's land, and could not now be called upon to pay
the purchase money, or the interest upon it.
Tee Vida-Chancellor said the qualm was, whether on
the fair construction of the agreement, tee purchase money
was payable immediately or not. His Honour thought not.
The agreement first set forth what woe the sum to be paid
for the land ; ana it wee provided that the eorapasy should
pay interest on the ',laminae mosey at the rue of 41. per
cent. per annum from the day they should commence their
works upon the plaiatiff 'a land. Here was a time actually
fixed from which interest should oommenw, but them was
no time whatever filed for payment of the principal ; and it
seemed that the only time when the porch'', money could
be said to be payable was on the completion of the works,
or when they were no longer capable of being completed
from the amemity of the case. Under these circumstances
his opinion was that no interest was at present payable, and
' he should dismiss the bill with costs.

COURT OF QUEEN'S BENCIL—TISTRIDAT.
Nisi Pnva—Blo Lard Drumm sad a Breda Jury.
TAB QUIIIIM IP. R.MODALL /MD OTZILI —SILLIXO •
C•DIrA IP.
This was an Indictment charging several permits, named
Mr. Kendall, Mrs. Minks, Mrs. !Maley, and Mr. Mickley
with having hem entwined in unlawfully selling to one
William Moors a cadetship for hie sou Raul More. Mr.
W. Moor* was also indicted for having uclswfully purchased
the cadetship, sad pleaded not guilty with the rest of the de.
fendsots.—As the odd wail not *occluded at the ?Wier of
the mart, we forbear to give oar report until to-marrow.

COURT OP RICREQUER.—TEITNIDAT.
Sittings la Banco.
STANDUIE V. 9.069.-7NDOKRNT.—SNIZIP7 AND EXIICV-

nos CZIDITOR.
Mr. Baron Puke delivered judgment in this cue, which
was argued in the reuses of lest Michaelmas Town, when
time was takes to consider. The action was brought by the
pit rat fl as sheriff. to recover 2561, as money bad end re-
ceived ender the fillowlng circumstances : —The defendant
having recovered • judgment against a party whom he had
sued, placed in the bands of the plaintiff a writ god facies,
ander which certain goods were seised and assigaed by the
sheriff bike defendant, by a bill of sale, in the soul form,
for that value. The defendant in that snit was a trader,
gehlest le the bankrupt ?awe, and it eppears that, prior to
the mime and sale to the defendant, his attorney WA notice
of an set of bankruptcy, whichwould bind the pr seised.
Notwithstandiag this,however, the defendant took the gook,
and the asibrues of the trader having seed the plaintiff and
recovered the value of the goods 6o assigned by his to the
defendant, the present action was brought by the sheriff to
recover luck their value, as money had and reedited by the
defendant to his account. At the argument varier objee-
thins were taken by the defendant's counsel to Murtha ef
the plaintiff to mover, and the wort had not awes te the
determinatims that they wave all *Unable wide n% ego-
(Adagio deal*. Those ohieetiose were—first, that as
massy had been paid it fast; asosothe that the fißilialr
was sot the mosey of the dee,'
_• , that the sheriff
was sobappoll by his owe nauseant to she sort; aid
kauob, that ha Gould net rossem as he weld not lbw
the dsCidant la slats i ballot *other* sad bed loo:
bed wMteaaissddo* Witguegisi li
ea the idol the
dealt ; hat aloe iamb
oraliketaboa, thajaipo hal woo to the amodaolia that the
plaisderao call ato snot and that, assafteally, the
rale to Mira sue st lee the plated, for mei wataat as bad
bees spied mkt to be made abothato.—Rule abs..
ThoA•f., oases is the emu= paler;
but amp silken preened any materials he a most.

JUDOS'S CHAI[BIBB.--BwiLirn' Imw.
Co&zoo Lamp= Minors. WAsasig AID Form, or

Barn, at ns Gn•nonmene Conr•mt.—But.
&am Mr. feed. 12.
Mr. Poulden said ha was instrosted by Kr. Frauds
Nobler to apply for the Mee= of Mew.
Wanes and Faller, of Bath, ellesoodile to ba.
Mr. Menge Satith , inernsted by Yell Leas
end Prawn, of Goldsmith's HA • opposed the ayel.
odes as bead of the deldoetbe Ossepaity. The abuse
ono, this transferring of the ball mak bee • offer skewer es
a dem spasm, and • sealer eines ea ewe to a seep
bran Alinnits were en is in meet eio
tee el wide, by Mr. Comer, elation poise,
steed that he had weasel the lanes eels
sold it to Kw. Wanes end Fuller eel the it wee la the
sera WM sew as when be twee adore It. Peelle
es-wiled the Ids cleats bed either clog: nor Awl
the W, ea al they batt of ia doer
suake--Kr. Mews thee said that
edema& to bell Übe grained, on Fr. se
eseCtiPsZt ea Ms were illket of &tactical.— . Whe
MOW said he pewee that each raesanabl bail wadd-
le andlerat as would ware the ant eines of Kw
Wanes sad Taller at the trial. H. shoed theZassior
(Islll to ester law Ms wen mai
went* to lad kw suedes I:alalgrael" war' the.
charge at of
•
the ned Wise. Teelyhdde Itweif seles
wee required, totertdeloalie ales hadinekraly bee
give es seeing the weine en Poesy last.
Tint Qaeir e. Datestr4ii TOOTTSO DUMAS'. •
neneMs. Mese Ktollmen—Te me.
It will be reelleste thee *be Mr. Drew was end**
to hail by Mr. SW* Mios dse wade of theta&
who sat at the there In*
no les than three tdr. --iferiaolisaltillirgs see/ witea
deaths arising out of the Teeing —the one lila
was held tens Mr. Dem, aslipemory ,Fosloiosbr
to an unexpected does by dub 0011116.1 dweargiag the

Jury ; while ea the pramsdiegs widish were held before
Mr. 'Walley and Mr. Mills at Charm sad Bt. Pancras,
verdicts of 'manslaughter were returaed, and two warrants
were boned for the apprehension el the maw& His be ing
bailed an the first sharp was no protectioa on the subse-
quest eherges. Aceordiegly the sonasary steps were taken,
sad notice was given to the (neediest' et the nspecties
nniOSS that It was Mr. Droners iateatioa to apply to be
admitted to bail ; at the same time the name of those who
were to be Moldered as bail were tent la.
Ia thee coarse of the ahem= the aenued's solicitors and
the slake to the rarest's* blardl attended at chambers,
when, era the part of Km Demist, a to g allidasit was
handed to to his lordship, stating that Mr. Dread was in a
deagnese seats of illseee, and tionfined to hie bed that if
be wee banal to attend before his lordship at chambers. the
north& mold •
materially oceelmate hie disease, which
would manse a fatal termination.
Mr. hake Wight's= thought the afildarit was salkoie nt.
—Mr. Demaelk solicitor said abs bill were in attendance,
mad mats maely to jastify.—The learned Jules said they had
better tatted Ware a magistrate in the neighbourhood where
Mr. Dreamt resided, at the mum time naming the lame
amount et bail as fixed by Mr. Justice Bele.

COURT OF EXClfiß.—Ynaninise.
Bohn H. T. Stopisemoa, Thornton, Esq.; sad Charles I
A PLWALIT or Fouls HUMOR= Pcnnass.
J. Stenches, otherwise J. Scott, wee charged on a molt
voluminoes information, containing eight counts, with
having Illicit and other spirits in bit possession, without
having any legal permit, and with intent to de'raud her Ma-
jesty of the duty chargeable thereon. The residence of the
delendan is No. 3, Dean-street, Westminster.
• sendalie said he had known the defendant for upwards
of six yeses. He lived at No. 3, Dean-street, Westminster,
din mass of "Jobs Strasitane Whiskey Stores" was
nor OM Sear. He went on the 7th of December with the
to the Compter Prison, where he identified the
who was undergoing imprisonment for a former
offsmitis: • had then gone by the name of John Scott. He
was a teacher of the art of swimming.
Mr. B. Loftus. an alter of tree., accompanied the
supervisor to the Compter Prison. Be afterwar is went with
him to No. 3, D an-street, Westminster. Broke open the
door of • room and found two vats of 116 gallon each, full of
whisky, of a rank and very inferior flavour, below proof.
On proceeding up stain to the lint floor they found
bottles of plain sweetened spirits and bottles labelled,
Strachen's Mountain Dew," t. Strahanebest Brandy," &e.
There wen seven eke fitted up round the room of 16 gallons
content, with taps in them, with a number °immures used
by spirit destine, with spirits of various qualities. The cellar
was out searched when a mast extensive stock of spirit-shop
fittings wen found, and several casks with small quantal( s of
spirits In teem. They took altogether 284 gallons of spines
on the premises. They seised the whole stock in trade.
When they saw the defendant In the Campter they told him
of the seisms mad mked him what he had got toy say, He
was surprised that his establiihment had been broken up, as
he said these wen permits mouth on the premises to cover
the whole sock, He said he was an agent, but declined say-
ing for wham he acted. He had no entry with the excise,

and no liesses.
0. Harris, a private in the Grenadier Guards, de-
posed that he lodged in def ndant's house, and at various
times parched bottles of spirits of the defendant (the se-
count of which was produced).
A Mr. Brown, of Uxbridge, bad known the defendant for
several pan, and frequently purcltued spirits of him. Hs
maridered him la a commercial agent.
Xr. G. Mills, foreman to last witness, ordered spirits of
the defendant, which he delivered himself, but brought no
permit with them.
Mr. Commi.sioner Stephenson, in giving judgment, said
it was the iteration of the court that the de'eadant bad
been defrauding the revenue for a considerable time to a
groat extent. The judgment was that be be fined 4001. with
the condemnation of the spirit•, and that no mitigation,
whatever would be mad* in that amount