The Express.
London, England, 1853-03-24 00:00:00

SPORTING.

DERBY STEEPLE CHASES, &e.—WEDNESDAY.
Hcanta &fauna. About two miles.
' Mr. Miendy'a The Hero, 9st 12th
Me. Mundy's GiesWm, 9st 1011, 2
MIDLAND St LLLL ECIIASI HANDICAP of 15 son, each,
10 ft, aad b only if &elated, with 100 added. Your miles.
(15 subs., 2 of whom declared).
Swing.. 5 yrs. Mat. 12Th 1
Shinrone, aged, 9,t 101 b
4 ram. Peter Simple did tot start.
SZLLIND STIIPLNCIIASP SrAllBll 01 5 eoes. each, mad
IP ...idol. were won by Mr. T. l'eant's Bobtail, 4 yet (60i.),
basting Cropwell, aged (6 141

NEWCAS'I'LE-ON4 r. :WRING MEETING.
WIDKILIDAT.
WELTS* STAII of e,ee. each. and 20 aided. TWO
wwlea. (14 arab )
Noses, 6 yrs 1
Newport, aged
V/d wen. mask. Tw =lea. (lamb.)
Sir Harry Smith, aged 1
Natty Post, aged

LINCOLN SPRING MEETING—TOMIDAT.
HVIIDLE RACS HANDICAP of 5 JOTS. mak wialt a
added. Two ranee, over sea hurdles.
Mr. Mundy"' The Hero, aged, (let (Weaver) 1
Capt. Itryaard's Foxeley, aged, fret 6lb
Mr. Foster's br g by Dormouse, 9et 41b
Mr. Saxon's Sir Robert, aged, lOat 81b 0
Mr. French's Little Queen, aged, lOst 41b
Mr. S. Merry's Vietrera, aged, lOst 21b 0
Mr. F. Harrison's Payche, 6 yrs, 9st Ills
Mr. Oreea's Oorrick, aged, 9st 31b
Mr. Bird's eh g by Record, 4 yrs, list 10Ib
Mr. Lsir.plosati's ILotitat, aged, Bst 101 b
Mr. B. Lind's Theodine. 4 yrs, Sat 21b
6 to 4 sgst Vietress, 4 to 1 art The Hero, 5 to 1 art
Psyche, and 8 to 1 art Funky. Won by two lengths; the
same between second and third.
Two Yeas OLD SILLIDO STAID% of 5 1.0 y.. each, and
25 added; colts, Bat 71b; Allies and geldings, Pot 4ob.
Ikraight nut ia, about ball a sink. (6 Dabs.)
Mr. N.lt. Clark's ch e by Napier, oat of Cawronsh's
dam (401), Ist. 6:b (Sabin) I
b Mr. Styan's fby Mule! Moloch (201.), Est -lib .. 2
Mr. Later'. Little lens (201.), Est 71b.
Mr. Armstrong's The Merry Maid (401.) 4
Mr. C W. W 111011.• Polly Burns (20.)
.5 to 4 agst Muley Moloch filly. and 3 to 'I each art
Napier colt and Polly Boras. Won by • length sad &ball.
A length between second and third.
LIvCOLN SPRING HANDICAP of 10 MOVS. sub, 6 ft, and
60 added. Oee mute and a half. (Li subs..)
Mr. Sexon's Cowin. aged. Est 131 b •• • • CelommutO I
Mr. Smith's Harp, 6 yrs, 7st
6 Mr. Load's Odihain, a pro, 7st 6lb 3
• Mr. Hitehin's Muskies, 6 yrs, est 0
i lie. Mottle. Sir Rowlaad Trenchard, 6 yn, Nit
' Mr. Reeves's Abdallah, Gym, lit
Mr. Manow's a by Thews out of Rebecca, 4 yn,
Sit Illb 0
._.

Mr. Marlines Thunderbolt, 4 yre, 6et llib 0
Mr. Walters's Bir Muetaco &Grey, 3 yn, bet slb 0
Betting : 5 to 2 apt Harp, 7 to 2 apt Robson colt, 6 to
I apt Abilallah, and 8 to I tub set Cannes aud Thunder-
bolt. Won by • herd. A length between second and third.
81ILLIKU STIMPLICHAIN STASIS of 6 son. midi, and
25 added winner to be bold for SOL, ete. About Muse

71-17. Higgins's Countess, lost (Weaver) 1
Mr. Gresn's See Dug, 10.1 13Ib
Mr. Edwards 's Chance, lOst 131 b
Mr. llundy's Quickstep, lOst 4
Mr. W. Station's Contract, list 71b 0
Mr. Seatby's Conductor, 10st 91b
Mr. Iliggina's Easley, lOst 0
Mr. B.ny's Leporello, 10.1 21b
Betting : 6to 4 sgst Quickstep. Won by six lengths.
In. an SOLLING STAIZO of 5 MM. each, and 25
added, for 3-yr-olds and upwards; winner to In sold for
1001., itc. Oss mile. (6 subs.)
leffny's Tn. Girl, 5 yn (301.). 7at 13Ib
(Merinos) 1
Mr. Marleet's Eva (30 son.), flet 13lb 2
Captain Reynard'a b e by Weslaco, 3 yrs (301.)
2tol on Tree Girl and 6to 2 sgst Eva. Won easy.
BETTING ON THE COURSE.
METROPOLITAN HANDICAP.
7 to 1 apt Contentment (t)
9to 1 Snowdon Dunhill (t)
CHESTER CUP.
1000 to 50 apt Lady Evelyn (t)
1000 to 30 St. Michael (t)
1000 to 15 Snowdon Dunhill (1)
BETTING AT MANCHESTER.—TuEspAy.
NORTHAMPTONSHIRE STAKES.
9 to 2 'gat Deft's°, (t)
11 to 2 Hobbyhorse (1)
9to 1 LlanfOrda (t)
• 15 to 1 Confessor (t)
IIETROPOLI CAN HA DICAP.
6 to 1 .get Contentment (t 7to 1)
100 to 8 Peggy (t)
20 to 1 Terpsichore (t)
600 to 2D Mr. Moon (t)
CHESTER CUP.

10 tot ags Trig ii
18 to Lady Evelyn (t)
20 to 1 Mountain Deer (t)
28 to 1 Stack Doctor (t)
30 to 1 Nowtainster (t)
30 to 1 Indiun warn.? (t)
30 to 1 Truth (t)
40 to 1 Au Eliza (0

UNIVERSITY AND CLERICAL.
Quar24'? Comm;

-The Committee

of Council of the Theological Department hare appointed
the Rev. Charles Hardwicit, M.A., Fellow of Catharine
Mall, Cambridge, professor of divinity. The rev. gentle-
siaa has been a Select Preacher in the University of Cam.
bridge, end at the Chapel Royal, Whitehall, London, and
I. the author of several learned theological works.

Rev. Joe. Webb, to the Rectory of Culmorth, Dionne of
Peterborough.
Key. H. S. Norman, to the Rectory of Herby, Diocese of
Peterborough.
Rev. Henry J. Shackleton, to the Vicarage of Rothley,
Diocese of Peterborough.
Rev. H. Nietolaoo, to the Curacy of Notes, Meets of
Peterborough.
Rev. R. P. Mandan, to the Curacy of Dotrimeh, Dicer*"
of Peterborough.

FLEET DITCH, CLEIMENWILL.
Let to look at the Valley of the Fleet. Clerkem-
well. the liberties of the City, is seetinsatiou of
the new street from tbe end of Farringdespelmet, this most
abominable of riven has been bidets ben the sight ; the
bosses originally es its beaks ham miss to • great latest
been swept away. It is true that • of Field-lam,
that famous mast for maim still mists.
Them ere ales Pissgh-oran. Ploutraoolort. ben, amd
• few satiable within this past et the it, as Inhibited as
to give seeps media ef the hews larrassly ea the
waist space. The budding' have hose swept away, dad
*theme who ahabited than have beat elves to filially nab
lodgings le ether dlelvieb—e let ma is be het eye if in
eendikelng the eihtli of the dentelidea sif the
of the peer widen* am peedisa he their eseepaen
sanction. The visitor to the noir Ithendhesil ellesied
will 'aloe la the sleeved spate . a wamentia weeks
herding running up he sem diadem. • tell men
may peep over it, mid see sad beer the "Fleet "
as unwholesome sham If we follow the souses of
be/maw for some dietaries we shall ato that the river Mere
and le kiddie by a gloomy archway. Think God i the
visitor may eacialei, here is the sad of the Ties; sad. with
thaakinhame and hopes that our day sat tk• part or dr
river berm hi. eyes may in like masses be be
sealed. comfortably on hie way. A more
Ftrareuer, however, who, anxious to got as aaesiskt se
of the miciant stream follows its mimes
la • asethward direction, will lad rist:t Flea.
like dos it.., Yule, .gain appears at a sheet diases to the
Ugh of day, and for several hundred yards through the deem
pope:ease of Clerkeuwell, he dives down valises
and, by tblefaireur of indieideals, pimps out of dilapid
visitors weerlookleg the Fleet in boric to diseeree the sad
of its pa wind mune (for be it remembers& Ibis *ss. I.
M• mow fee the refuse of a pepuistlee of mere that half
=Mica of persons). Few men mai view the blatheas
sad beer the venial of the Fleet, not to aseties Its Whet
ea the other esolo4, without feeliag pity he all mom
nem it TM erapiever of the Fleet will lad • street elosely
abutting ewe ft. as the east aide of which are dease manes
eY b,,,adim. th teley populated ; he will wet fail to note the
eetreese to FA Taktpao-alley ; this way Is meetly 2 feet
g babas wide, wit Joy 20 feet long ; there would not be
MIMI ID pc • fall- abed codling out of this court, without
tunas. it oedd cage. At the end of this narrow passage
le • Is has sal sqs,Jid houses rimming is narrow per.
sportive; little
tummy wherein are dust-bins add other
matter. ban to similar courts and alleys,—" hose-alley,"
which—
gym, or,:wr samo would smell as sweet,—
" rear-tee.-court," Broad court," Le., which sadly belie
their seam The pre, tar somber of these houses are 00'
tut led by 50„t„,,,,,r, Y, sad the various articles of trans
and animals required in We trade are lodged an the lower
story. It would be (ham It to fin • complete warm, of
the dirty appearance of tho m courts sad their inhabitants.
Coatianing towards the nor th, then It a hilly street, for-
merly called mete e.hiu, pow Vine-street ; the maim et
Vas street is reached by a sharp dement on each side. At
tete bottom of the banks, or these win formerly the green
a des of the Fleet, are two e.valls, with a door in each, on
wh ids are painted comeia.Meationa from the Commie-
reue ere of Sewer.. Yr.y weeild Mrs hero and in"gin.
that ;hoe doors led to some araNy paved yards ; we have,
how.. er, removed the screen, that our naders may them-
mlves what is really behind it, namely, the leet.—
TM

TN2 WEgLeYAN REYORMICR3.—One of the Wee-
.l,lressed Lord John Russell, who replied
cleanini•place, March 10, 18.53.-84,—1f it
. • to eie Wesleyan body, I am quits ready
to 7", . not entertain the opinion that the Wes-
.". . • ISIT, woeld be a pereseutin batty.
. 'resat, I. itruzu.."— •
trioe•—•uk •
•. • •
PA,
k%•.,
• k ? ••••
S,S' • s

Kau) Intelligence.

EQUITY COURTS.—YEaniumy.
BUOY VICt-aIIASCILIOI &MAT.

COLUMBINE O. PINHALL.—PINEALL r. MILL/Fit.—
PIINNALL V. ELWIN.
Very important questions were raised is these three suits,
whoh occupied the court for 9 days in December last, and
from the 18th in the fled of January hat.
The first of the above eases was a suit instituted by Mrs.
Columbine, the wife of a solicitor of that name, against her
husband and his assignees in bankruptcy. It sought a de-
claration by the court that an indenture of settlement,
dated ant ezecuted on the 12th of January, 1847, in con-
langdetion of and immediately before her marriage with the
diffiemigult, ought to be established as against the ht sb.ind
and hie assignee+. The questions raised in this suit were u
ee ffise validity of the settlement, which the assignees coo-
Moiled was executed by Mr. Columbine with knowledge
that he was insolvent, and in contemplation of bankruptcy
and in fraud of his creditors, and that the plaintiff, Isis wife,
was aware of his embarrassment at the time, and that,
therefore, it was not competent for her to sustain its
validity, although it had been made in consideration of
metetiage. It was also objected that at the date of the 'a-
liment, and long prior, the plaintiff had cohabited with
Mr. Columbine, and that the principles which other-
wise might have applied to cousiderations of mar-
riage were inapplicable to this ease; the assig-
nees further insisted that the settlement itself
divested Mr. Columbine of all the property he possessed
except money ; the enumeration of the articles assigned was
included in a schedule to the deed ; it included the house
ia Thistle-grove, Brampton, the residence of Mr. Colum-
bine, and all the furnitune in it, his piano, wines, all the
apparel of Mr. and Mrs. Columbine, 1,000 pots and plants
ia the greenhouse, a newfoundland dog, a turning lathe,
aid numerous other articles of less importance. By cer-
tain articles of agteement, executed on the same day, Mr.
Columbine consented, with the trustees of the settlement,
to pay 10,0001. within a year, and in the meantime to pay
interest thereon at the rate of 51. per cent., and to deposit
with the trustees certain policies of assurance and certain
jewels on which he held a lien. The settlement vested all
the property in the trustees for the benefit of the wife and
children of the marriage, and the assignees insisted
that this was of itself an set of bankruptcy, and that no
valid title passed to the wife or her trustees under it. The
facts of the case applOable' to these questions were vary
numerous. The following is a short sketch of the circum-
stances :—For many years prior to the 12th of January,
1847, Mr. Columbine practised as a solicitor, money scrive-
ner, and bill broker, and generally as agent for negotiating
leases of money fur persons in embarrassed circumstances,
and he became subject to the bankrupt laws. In 1839 Mr.
Columbine first met with Mrs. Columbine whilst he was on
the minuet, and they cohabited together from that time.
Oa their return from abroad, in November of that year, their
alleged wedding was reel in thermal way, by cards
sent to their friends, and the lady was received as his wife
until jut before their actual marriage in 1847. They resided
up to that period is • house expensively furnished, in
Thistle-grove, Brampton, is apparent affluent cireum-
staneee,—Mr. Columbine keeping two carriages. Early in
the year 1846 the draft of • settlement was prepared by
counsel in fictitious names. This draft contained altera-
tions in pencil, and constituted the foundation of the settle-
ment of the 12th of January, 1847, which was afterwards
executed, and which is the subject of this suit. The deeds
were elevated on the day they bore date, namely, on the
12th of January, 1847, at Lewes. Upon the -13th Mr.
Columbine went to London from Brighton to obtain a
license for the marriage, the lady being therein described
se of Queen's Parade, Brighton, where, in fact, Mr. and
Mn. Columbine were at that time temporarily residing.
The marriage took place on the 14th of January. On the
same day • power of appointment reserved in the settle-
ment was executed by Mr. and Mrs. Columbine, in favour
of their illegitimate daughter, thenl about six years of age.
After staying some time at Brighton, Mr. and Mrs. Colum•
bias returned to Mr. Columbine's residence at Thistle-
grove, Brampton. Mr. Columbine wee, prior to the date of
his marriage, much pressed for several sums of money, for
which he had given bills to the amount of 6,0001., to meet
which he had only a sum of about 4,0001. at his banker's.
He also owed 2,000!. to a gentleman to whom be had given
a esecific security, which was insufficient. It appeared that
this gentleman called at Mr. Columbine's office on the 13th
of January, to see Mr. Columbine, who was
denied to him, which a jury bad found eon-
Whited an act of bankruptcy. Mr. Columbine was
declared a bankrupt on the 13th of March, 1847. Prior to
this bankruptcy he was at Boulogne, and whilst he was
there Mrs. Columbine deposited some of the pictures, a
piano, and some wine, which were included in the deed of
settlement, at Tilling's warehouse. Immediately after the
bankruptcy all the property at Thistle-grove, though in-
cluded in the settlement, was taken possession of by the as-
signees. The :restage named in the settlement declined to
treept the trusts. Mrs. Columbine served a notice upon
the assignees, claiming Re property u belonging to her to
her separate use, and she instructed her husband, as being
her trustee, upon the refusal of the trustees named in the
settlement to act as her trustee, to bring an action
against the assignees for the goods in question, which he
did ; but on the trial the jury found • verdict sustaining
the property of the assignees, and the validity of the fiat
The validity of the flat was tried in • second actin°, and it
raised the question of whether or not Mr. Columbine was •
trader, when the court held that be was. In 1849 Mrs.
Columbine appointed • Mr. Miller her trustee, and shortly
afterwards the first of these dues was commenced. The
monad of the above causes, being " Pinball v. Miller," was
in the nature of • cross bill for • declaration of the court
that the settlement of the 12th of January, 1847, and the
articles of the same date, were void as against the miens's.
The third of the above suits related to entirely different
transactions, namely, to • deed of the 7th of January, 1846,
whereby Mr. Columbine assigned to trustees certain an-
nuities to which he was entitled upon trust to pay the
payments during the life of his mother to her and after her
death to stand possessed of the annuitiesfor his illegitimate
daughter; the consideration in this deed was expressed to
be the sacrifices which his mother had made in the year
1830, under a deed of family arrangement. This deed the
trustee sought to set aside.
Mr. Russell and Mr. Bagshawe were counsel for the
plaintiff. They relied on the case of " Campion v. Cotton"
(17 Vesey, 262).
Mr. Matins, Mr. Hallett, and Mr. Taylor appeared for
the infant defendant.

ties, made it impossible to sustain the settlement fa this
consideration. There was conclusive evidence that Mr.
eolumb.ne carried on dealings extensively as a messy eeri•
vener, and to • sore limited extent a. a Fill broker. He
was therefore a trader subjett to the Bankrupt Laws.
A settlement of property made by a trader with in-
tent to defeat and delay his creditors war not only
void against them, SS the very act of executing such a
settlement was by the statute law an set of bankruptcy,
which, by operation of the fiat. vested the property is the
assignees from the moment of the execution of the settle-
ment. The fraudulent intention on the part of the bank-
rupt without any notice of the fraud to the pens claiming
the benefit of an instrument, and although a valuable eon-
sideratien may have been honestly given, invalidated it
against the errditors of the bankrupt, and transferred the
property to the assignees. This piineiple extended beyond
the contracts and conveyances of the bankrupt, ev n to the
extent of annulling an execution honestly issued by a judg-
ment creditor, " Hall v. Wallis" (7 Mee and Welsby).
Upon these grounds his Honour felt bound to hold that
the execution of the settlement in this ease by Mr. Colum-
bine was an act of bankruptcy. It could not be established
as prayed by the original bill. It must be declared to be
void and to be wholly set aside, according to the prayer of
the cross bill by the assignees.
His Honour then proceeded to give judgment is the
sum of

PINHALL O. ELWIN.

He said this was a suit by the plaintiffs, the assignees of
Mr. Columbine, seeking to set aside en assigoment of
unities for the benefit of the mother and illegitimate child',
of Mr. Columbine, the indenture being dated the 7th of Jo-1
limey, 1846. It appeared that the consideration for the
esagnment was that in 1827 and 1830 the father and mo-
ther of the bankrupt had given up their interests in certain
personal estate of the value of about 7,0001., in considera-
tion of the bankrupt paying to them annually • sum equal
to their income from the 7,0001. The existence and validity
of the consideration had been denied by the assignees. To
be valid it was necessary that the obligation to make the
Payments which had since been annually made by MO
bankrupt should be • debt ; and it had not been made en
appear that it we, • debt. His Honour referred to various
circumstances which, though not conclusive against the
troth of the recitals in the deed, threw suspicion on it.
' let his Honour thought that the clear evidence of the em-
ha/raised state of the bankrupt's affairs at the date of the
deed showed that it had been executed with recitals not
nemdatent with truth for the purpose of supporting the
=at (which might have been meritorious), as
m • valuable consideration. The answer of the
medlar wee inconsistent with the deed ; for by that answer
she Noted that the deed had been executed upon a special
&grommet with Mr. Columbine, to make a provision for his
da4rlggs bet no seek agreement appeared recited in the
&no. Another cironmetaace unfavourable to the validity of
the Mel mu that the Neighed annuities continued is be ow
solved by Mr. Cebembise, end that they were met yell le
the trustees. Upon the whole evidence he was or opinion
that the attempts to Nippon the deed had failed. An al
tempt had also been made to support the deed as a family
settlement ; sad is this ewe, if -there had been no circum-
stances of stupidest, no seatramatice of higher rights, the
court might in the sass, eve. after lapse of time,
Lave terminated sD detabthil ementiems between the mem-
bers of a family, and have coaddered doubtful claims as •
good consideration is a fis.ar arreargement. But where
the rights of existing creditors were directly inter-
- emh

fared with by . _ on arrangement, sad pro-
perty to which those creditors might resort was
removed from their reach, a more WOMB title must
he: applied. And such circumstance. of suspicion as
occurred here—the embarrassed circumstances of the

grantor, the pressure of creditors, and the appearance of a
voluntary arrangement originating in fear induced by that
pressure, carried this case beyond the principles which
sanctioned and supported a deed as a mere family arrange-
meat and not an actual valuable consideration. It was on
this account, and with a full sense of the claim which the
meow provided fur by the deed bad against the bankrupt
personally, his Honour said, finding that there were credi-
tors who at the date of the deed had paramount rights, he
was bound in favour of such creditors to set the deed aside.
His Honour said the conduct of the trustee, Mr. Elwin, had
been so meritorious, that although he might not be
strictly entitled to his costs, yet he put it to the assignees to
consent to allow them out of the estate, and by consent he
was allowed his costs not exceeding 1.001.

COURT OF BANKRUPTCY.-TESTERDAT.
Bayou Ooloissuosiaa Fosniuffiece, a°MOTU. Aso Goo'stmt.

Ix RI Elite.

This was a wake arising under an old banknipiejp
which took place so keg ago as 1819. Though the sato
division emit, consisting of three constniesionen was ate•
fished by the Bankruptcy Law Consolidation Act, die
case was beard at the request of the parties by the three
learned gentlemen above-named; the question involved
being one of oonsiderable importance.
Mr. Lucas, who represented the assignees, stated that the
question arose one policy for 5001., which had been effected
by
.the bankrupt with the Equitable office in 1811, awl
&mined by him to trustees in 1815. At the time of his
bankruptcy he gave up other policies to his assignees; but,
believing that he had parted with all interest in thle
one he did net mention it, and the aaaaaawwwwwwttttteggggggnnnnnneeeeeeaaeaaassss
mei bosom aware of it very lately. es
untie elf the entliemese had been given to the elle% Os I
=met behold te have remained in the order and cabs
edibeheeknipt. He passed his examination end
ohloinod bit Macaw in due course; the policy see pave`
caused both by a friend for him ; and be continued te yet
the posodeme on it till his death in July last. Anothsi
}slight 1101., effected in 1831, had been deposited with
the trustees who had held the former one of 1811 • coat
quently the ennui quit trusts were out of the question ales.
gether. The parties had agreed to narrow the eneellen le
one point. They agreed that the present VON dwe
policy was 1,8701. and that the amount of piondo:=
on it since the bankruptcy was 8521. The essionme
the difference, 8181. • the other side, the •ZOOSIMMI he tale
bankrupt, were willing only to pay the value at the time
of the bankruptcy in 1819. Ie suppoat of his view, Kr.
Lucas relied on the following cases: *Schondler and Ana,
usi.tnees, v. Wass" (1 Campbell, 488) ; "Ex parte Ord"
(11 Deane, 188); West v. Real "(7 Jurist, 147, and 1
Hares Re ports).
Mr. AmphleU, for the executors of the bankrepV con-
tended that the were not entitled to be placed in
any better ridden tine they would have been placed in
bad the pokey bees give ; end this was clearly defined
by the meted ease vane of the policy. To give them the
at vales mould be to allow them an advantage without
Insnerod the meal risk. The most equitable mune
he ID Millers lase of the policy as he proposed.
Mr. Loses Imintes
Clemonksbossel=sque (after consulting with his
WOO, GISMIIIIIIMSIO NU they were unanimously of
rile OM AS MOWN were entitled to the amount of
*by. lam lbe sormale paid by the bankrupt for keep-
legit .with Wires% so leedered in
principally upon this
point—fist until the assignees were aware of
their risbn. day could be put to no election.
That they .11.11 not aware of their rights was
quite dear, sal that was by no default of their own, but by
default of the honkrop•—• very pardonable default he ad-
mitted, because, at As time of his bankruptcy this point of
law was by no rem settled as it was now, sad he might
very fairly have euppeeed that a policy assigned to his
daughter had quite goes out of his possession and control,
and was a matter for which he was not accountable. Taking
either view—either that the policy did not vest in the wig-
sees, or that it was subject to their order of sale—it was
essential that the assignees should be aware of their rights,
in order to exercise either one power or the other. They
were in no position to do either; the matter only came to
their knowledge at the death of the bankrupt, and they
were then entitled to their election. They had made their
election to take the whole amount of the policy, less thaw
payments to which the reprentatives of the bankrupt were
*stiffed.
Ar.

Mr. Schomberg, Mr. Rogers, Mr. Bagshawe, jut., and
Mr. Beale appeared for other ins.
Mr. Bwanston and Mr. J. V. Prior appeared for the as-
signees, claiming in all three suits that the impeached deeds
and documents should be declared void.
The came stood over front the 22nd of January until to-
day,day, when his Honour gore judgment fleet in " Columbine
v. to-
and " Peahen v. Miller."
The Vice-Chancellor now said that the original bill was
by Mrs. Columbine, by her nut friend, seeking to establish
the deed of settlement oldie 17th of January, 1847, exe-
cuted previously to and in eentemplation of her marriage,
together with au agreement of the imaestdate. The bill of
w Peahen v. Miller ' wu • moos WE. Sled by the unglues
in bankruptcy, of the husband, Me. Odumbine, to Wands
the.. instruments, and to 110.11111 the /many comprised in
them kw the benefit of his Mailleen - Rh Honour thought
that there was weaned COMIMS. that Mr. Columbine was
deeply indebted cathetiars when the settlement in ques-
tion was ezeede4 and that be wee reduced to shifts, con-
trivances, and nepreeneedeos to evade and delay the
demands of his aratlletat. _`The prooh of his pecu-
niary entheenments enleasted ever • period much
loops thee twain menthe nietedor to the date of
the settlement. Then woe evident, that so early as the
Tear MA. end daring the years 111111 add 1846, Mr. Colum-
bia.. 14= the money Paid he the redemption of
unfies try him fee hie employers, in order to
retain the redemption swim in hie beads, continued to
espentent the asimeleles se nntedeinnest. and paid the
MIMI et the aneelike use., Is tins to his employers,
jest self the ansaides had teat boss Messed, and in if
lie diode bed esselessd to have the bowls of those slew
H ses
tides whisk
ame be masal their liessiledps, be bed gives use.
ie bis mesa isms tidy SO be asseseeeddr4
kis entlemmuined airemsessasse. The libels edam*
that tale metilement had bee owes eat by a see, seder- the
primate_ efist peemaktey didisalse. am& =able to nest
the dame et hire sadden. This Wei hie dumdum at
that time ea wegarded hie dedhsee, then were two ether
haportast eissideratises allbstlag the validity of the meth-
med. One was as to the immenat and nature of the
property aempeised in It-dhe ether as to the trusts
wlush it &adored. As I. the amount and nature of the
property included, and removed from the reach of his
grantors nearly the whole at hie property. It included the
been in which he and the lady were at the time, and
bad bees inhabiting, with all UM furniture and other ar-
ticles sweessery for contest and enjoyment, down to the
meet minute and 'unordinary particulars. His Honour
said there was no distinct evidence to show the nature or
amount of any property which it left within reach of his
creditors. As to the trusts declared, they carefully ex-
cluded say meteor interest to himself for life or otherwise.
He had sot even any pole power of appointment. But every
article necessary for containing his establishment so as to
live in comfort was pot at the wsfe'sdisposal fuller separate ASSIZE INTELLIGENCE.
use, with a power, when she pleased, to appoint it in his
favour, or in favour of any one else; so that by the opera- HOME CIRCUIT.— Kirsorrots, MARCH 23.
tios which the settlement would have, Mr. Columbine
being with this lady as his wife, might continue to have gamma Ma. jsanna C01••11xit •••• • PPICIAL Juar.
the enjoyment of the property. It was said that the eon. Bueuta e. Palttere.—Hanes teha Bete-riots Herz:ten
sideration of marriage, and the want of knowledge on her Mr. &reliant Shee said that the plaintiff in this action
part of the embarrassment and insolvency of Mr. Colum- was an attorney and solicitor, and ihe defendant was a gen-
bine, should protect this settlement, and the decision of Sir aerate of fartune' and one of the directors of the Bast
William Grant in " Campion v.Cotton" (17 Vesey) 263, was India Company. The action was brought to recover the
Mira on. But where there was evidence of an intent sum of 2,4901. 165., the amount of two bills of eat for pro-
to defeat and delay creditors, and to make the erica fessional services rendered by the plainte to the defendant
Mika of a marriage a part of a scheme to protect upon the occasion of his becoming a candin, de to represent
property against the righ's of creditors, the considera- the borough of Harwich in parliament, nod afterwards
elan et marriage could not support such a settlement. before a commit,we of the House of Commons . to defend
/Ma Columbine could not be treated as having no notice his seat. In 1851, upon the occasion of Sii John Hub-
ei the contents of the settlement, or of the nature and house, who was then one of the representatives es; the bee
sweat of the property comprised in it. She muFt have rough, being raised to the peerage, Mr. Wigram Cr,twfurd,
moo that the purpose of the settlement was to protect a merchant in the City of London, came forward to *-'PlitY
e. lofty for her b. flat, and to give her an absolute the vacancy upon the liberal interest, and Mr. Prin.wP
asssew it, and therefore to remove it from the reach opposed him upon that of the conservative. At that peels, d
p dipccreditors,
m... while at the same time it pre- Mr. Atwood was the other representative of the borough,
,we idd =NW of her enabling him to enjoy it. and to use sad as that gentleman was possessed of conside-able pro
ft by the dbabiroce of the same cohabitation in the same petty, and had great influence at Harwich, Mr. Prinsep
and WAS anxious to obtain Ins assistance in the election, and he
mem. mg with oj,:e time furniture and appliances,
..ba, adades id lieb4..e, including the stock of wine, and was introduced to Mr. Atwood by Mr. Borthwick, a mem-
,' die same alellibitaiest se' had been maintained while they her of parliament, since d. ceased • and Mr. Atwood and
lied lived dim ...mi., toder the assumed character of Mr. Priam, went down to Harwich' together. Mr. Atwood,
hushaag Ind giihrei;;;; the celebration of that marriage from having lost his seat alter the general election of 1847,
which was 0i pa ii, d t 3 be the. oonsideration. Where • under eircumatan.res with which they were very probably
naniar, and set were wade undeLsuch eircum.. acquainted, was no Auld well aware of the °stun.. of dee-
Nimse 11,„ imakkinticn of miroase, if allotted to prevail, non proceedings, and of the necessity for any gentleman en.
"mu only abed a man mono of defrauding creditor. gaged in them to have now professional gentleman to assist
The Bankrupt law, it the maw wag AMA to Its opera- kin, sad to provost kiss from doing anything which might 1

Holroyd referred to Mr. Baron Puke's
atriin the case of " Heslop v. Baker " (6 Each.,
a wing that, under the old law, property thus
ellonlimalled in the assignees. This being the ease, notbirg
bassi enured to take it out of them, and they having
bed me spiportunity of knowing that they had to make an
election, between selling the policy or keeping it up, the
assignees were now entitled to that option, giving the re-
presentatives of the bankrupt the benefit of the premiums
and interest

Mr. Commissioner Goa!burn said be was quite of the
same opinion. He thought the ease was with the assignees,
both upon authority and upon principle. It was clear that
the property passed to the assignees; but they, not being
informed of their tights, could not exercise them at the
time. They were entitled to the value of the policy at the
' death of the bankrupt, less the premiums paid sine, the
bankruptcy, and the interest thereon.
INSOLVENT DEBTORS' COURT.—YnTERDAv.
The only business transacted to-day was relating to the
proof of debts. The proceedings were of no public interest.
The courts sojourned until next week for the Easter
recess.

THE EXPRESS, THURSDAY EVENING, MARCH 24, 1853.'

in the result occasion him very great trouble and expense,
end he therefore took down with him Mr. Elmade, the pre-
bent plaintiff, who use his private solicitor, in order that
the election might, so far he was concerned, be earriedon in
such a manner as not to be open to any objection afterwards.
The defendant himself had been but a very short time
in Harwich before he found the necessity of
having professional assistance, and Mr. Ehnslie being on
the shot, and having had • good deal of experience in con-
nexion with elections in the borough, be retained him as
being the most eligible per.on to render him professional
assistance; and the plaintiff acted as his professional ad-
viser during the election. On the day of the nomination a
paper was put: into Mr. Prinsep's hand, signed, as was
required by the statute, by two of the electors, calling upon
him to declare his qualification as a member for the
borough, which qualification, according to the statute, con-
sisted in being possessed of real property in Great Britain
or Ireland to the amount of 3001. a-year. Mr. Prinsep
having applied to Mr. Elosliellto know what course was to
be taken, that gentleman inquired the nature of the quali-
fication upon which he should rely, and Mr. Priusep
infermed hint that he 'was in the receipt of •
thousand a-year from the Ent India Company;
and he
_proposed to declare this u his qualifi-
cation. It turned out, however, that this pen-
ning was payable from • fund galled the Bengal Civil Ser-
vice Fund, and was derived from property in India, and
Mr. Elmslfe expressed a doubt whether it would tame
within the statute, and he asked Mr. Prinsep whether he
was not prepared to give any other qualification. The de-
readmit then said that he was possessed of a house in Hyde
Park-gardens, but upon which there was a mortgage, and
he proposed to add this to the other qualification. A de-
claration as to the qoalifieation was accordingly drawn up,
in which the annuity and the house were declared to be the
qualification possessed by the defendant, and all the ex-
penses that were subsequently incurred, and which were
the subject of the present action, were the remit of this de-
claration relating to the qualification. The result of the
election was that Mr. Prinsep was returned by a majority of
fire, but immediately afterwards a petition was presented to
the House of Commons against the return of Mr. Prinsep,
on the ground that he did not possum the qualification re-
quired by the act of parliament. A committee was ap-
pointed to try the question, and they decided that iaasmuch
as the clear income of three hundred pounds required by
the statute was, in their opinion, not derived from real pro-
perty in Great Britain or Ireland, Mr. Prime p was not pos-
sessed of a sufficient qualification, and that his election was
therefore void. Up to this time, of course, • good deal of
expense had been incurred, but a much larger expense was
created by reason of the subsequent proceedings adopted by
Mr. Prinsep, and in which the plaintiff acted as his agent,
as he should show by his direct authority and retainer.
When Mr. Prinsep found himself unseated, it appeared that
be was determined not to allow his opponent quietly to take
his seat, but he directed proceedings to be taken to ascer-
tain who had the larger number of legal rotes, and he
demanded • scrutiny. This commenced on the lit of May,
and lasted for nine days, during which time three counsel
were engaged on each side; there was no end of
witnesses, and an expense of between eleven and twelve
hundred pounds was incurred. The result was that the
election' was declared void, and Mr. Crawford and Mr.
Prinsep were allowed the privilege, if they pleased to exer-
cise it, of going down to Harwich • second time and having
a fight for the votes of the free and independent electors of
Harwich. (A laugh.) It was to recover the amount of
cuts incurred during the proceedings that the present ac-
tion was brought against the defendant, and, although the
amount was undoubtedly large, yet the jury must be aware
that from the nature of the transaction very great exposes
was necessarily incurred ; and be believed the only qua
Lion in the case would be whether the plaintiff had bum
retained byMr.Prinsep as his agent so as to render him YAW
The learned counsel concluded bystating that ilk's isarnall
friend would consent to try the question of liability be was
willing to refer the bill of costs to arbitration and allow the
amount to be settled afterwards, supposing the jury should
be of opinion that the liability of the defendant was esta-
blished.
Mr. Justice Coleridge said he thought the nitration of
the learned serje.ant was one that ought to be earned out.
Mr. &duet Channel', who appeared for the defendant,
having consulted with his client, appeared at first disin-
clined to accept the proposition, bat eventually, after the
learned counsel had conferred for some time together, it
was arranged that the matter should be referred.
Mr. &vent Cbannell, addressing the jury, said he was
happy to inform theca that an arrangement had been
effected, by which they would be saved any further trouble
in this matter. They had however beard • statement of
one side of the case, and on behalf of Mr. Prinsep he begged
he might be allowed to say a few words in justification of
his character, and that it might not go forth to the world
that he had offered himself as a candidate to represent
a borough in parliament without being paseaeed of
the proper legal qualification. The truth was that
the house in Hyde park Gardens was alone worth
more than three hundred pounds a year, and although
upon his marriage Mr. Prinsep had made • settlement
which was secured upon this house, and this was the mort
gage referred to, yet he had the primary interest in the
mortgage, and the property was not in reality at all themes-
hered, and he himself was the person entitled to the interest.
He had no desire to impute blame to Mr. Elmalie, or any
other person, but, undoubtedly, in the declaration of qualifi-
cation, the nature of the mortgage was not stated, and upon
that ground it appeared that the committee had decided that
the proper qualification had not been made on'. This mis-
take might possibly have arisen from the incitement and
hurry consequent upon the proceedings of an election ; but
there could be no doubt, and he (Serjeant Channell) had
no hesitation in stating most positively, that Mr. Prinsep
was possessed of a perfectly legal qualification.
The jury then returned a verdict for the plaintiff, subject
to the terms to be afterwards sifted upon.

MIDLAND CIRCUIT.—WAinvicx, ?Luca 22.
CLOWS (.53Vrt.--BMIli Mi. USW PAW.
BURGLARY AT TAXWORTU.
- _ _

Henry Hughes, Joseph Humphrses, and Win. Ellis, were
charged with having at Tainwerth, about the hour of one
o'clock of the night of the 7th of J y last, burglari-
ously broken and entered the dwelling-house of John Hor-
ton, with intent feloniously to steal ; and that they
then and there being in the dwelling-house,
in and upon the said John Horton, feloniously did make an
assault, with intent feloniously and wilfully, and of malice
aforethought, to kill and murder him.
The prosecutor, after going to bed on the night in ques-
tion, was awoke about one o'clock by a noise which he
thought proceeded from the kitchen. He immediately
arose, and, without dressing himself, went down into the
kitchen, where he saw the prisoner Hughes standing upon a
table, cutting down bacon, about 3 cwt. of which was lying on
the floor. Mr. Horton had possessed himself of a hay-fork,
with which he ran at Hughes, who 'jumped off the table,
and was then seised by Mr. Horton. During a severe
struggle Mr. Horton was seriously stabbed. Hughes ulti-
mately escaped, and ran across the back premises, having
left the greater part of his waistcoat in Mr. Horton's hand.
Mr. Horton followed, but in consequence of the darkness of
the night lost sight of him. He then returned to his house,
and, while he dressed himself, sent out a boy in his em-
ployment, who returned, saying he had seen a cart and
thteelmen. Mr. Horton went out, fired a gun to alarm the
neighbours, had a horse put in his dog-cart, and, with his
shepherd, followed the retreating cart at full speed. There
was snow upon the ground, whereby he was enabled to
trace the course which the persons before him took. At a
station-house upon the road leading to Birmingham, ho
set aown his servant, and took up a policeman, with
whom he then proceeded till the fugitives were overtaken.
Mr. Horton's vehicle was stopped directly It got by the
other, which was also stopped, and three an jumped oat
of it. One of these (the prisoner Humphries) was imme-
diately taken into custody, and another turning his head
round as he ran away was distantly seen by the policeman,
who positively swore that it was Ellis. While Humphries was
being handcuffed, another man jumped from the cart, and
was apprehended. This was the prisoner Hughes, who
was without his waistcoat and boob; and he was recognised
by Mr. Horton as hiving been in his employ till Michael-
mu last. They found in the cart a quantity of bedclothes
and other articles, which were identified as belongiag to
the prosecutor. It would seem that the burglars entered
the house by an upstairs window, through au unoccupied
room (from which they took the bedclothes), and then went
down into the kitchen. They set open the kitchen door and
some gates between the house and a hovel into which the cart
was beaked, in order to facilitate the varying of articles to
put inside the conveyance. It was proved that Ellis lodged
with Hughes,with whom he was, at their domicile, till after
five o'clock of the day of the robbery, when they went out
together, and neither returned that night.
Several persons were called to prove an alibi with regard
to Ellis, but there were discreparcies in the testimony of
these witnesses.

Hughes was found Guilty of the capital effeace, and the
other two of the burglary.
His Lordship paned sentence of death upon Hughes,
saying he should forward his recommendation to the per-
sons entrusted with the execution of the criminal law in
this country that the sentence should be commuted to
transportation for life ; the two other prisoners he sentenced
to fifteen years' transportation each.

NORTHERN CIRCUIT.—LivEnrooL, MARCH 23.
On Tuesday afternoon the commission was opened at
Liverpool, and, after reading the proclamation against vice
and immorality, the court was adjourned until Wednesday
morning, when the following grand jury were sworn in
before Mr. Justice Cresawell, at eleven o'clock
Earle, , foreman ; Peter Ainsworth, Esq.; Sir John
Bent, Knight ; Stephen Blair, James Bourne, R. P.
Dawson, R W. France, T. W. L. Hilton, Adam Hodgson,
Samuel Holme, Henry Houghton, Hugh Hornby, T. B.
Holdall, B. 11. Jones, Joseph Langton, Robert Law, Thos.
Littledale, Thomas Monk, Thomas Pale), jun., Thomas
Parr, William Pilkingtoo, and Joseph Brooke Yates, Esqrs.
After the proclamation his lordship delivered the usual
charge to the strand jury.
The jury, in the evening, upon the invitation of Mr.
Justice Creuwill, dined with their lordships.
Owing to an accident, occasioned by fall from his horse
whilst hunting, the High Sheriff, Talbot Clinton, Esq., was
unable to attend, and the duties devolved upon the Sub-
Sheriff, Mr. Deuce, of Preston.

CAdeertifiernerit.)—HOLLOWAY'S PILLS FOR THE
0.,.., ‘ ,r Lieu COIIPLAtIIII. Inwourrox, con Disoarmasi Broom=
_mr. h, chard liar" 01 her Mahrotro Dockyard at Is
~end re,. rs had sot hod the tejoymont rd • di" Ss-
-4..t1y .wy,..ing fr.= indignities sod Moor lb MI Me
Mt ...Hirai „Nice fr..ra both say and Nam rI but Ms flo-
e...pekkd Dot 0 thdr truism.. lad sinew aikei romodlis sore
bled ,rith a la, re Wt. At lost bo kaaaa lo um liollmors oak ad
this Or arodinar Ins go thoi 1 of his Mom& imil
laMprol Vid his moolkillik __ he hi Rini weft* =lv
=e.bat of Mollb►e-iiii if iii=ilk mil at
isolegrali.e.l4lllol4

THE POLICE- COURTS.
BOW STREET.
Inspector Reason and Sergeant Hunt, officers appointed
to enforce the r. gulations of the Commen Lodging-house
Act. attended before Mr. Jardine, to prefer complaints
against several of the occupiers of rooms in Wyld-court,
Drury-lane, one of the worst localities within thejurisdic-
tion of the court.
Sergeant Hunt said that between 12 and 3 o'clock in the
morning of the 12th inst. he visited a room occupied by
James L4noren. at 8, Wyld.court, having previously given
him the usual notices to register, and repeatedly informed
him of the necessary regulations, by which he was prohi-
bited from taking lodgers while his own family (already
exceeding the number allowed) were living with him.
Witness found two beds in the room, the first containing
the defendant and his three daughters aged 17, 16, and
15, and a boy aged 8. The second bed contained • man
and his wife, who were paying 81. per week for the lodging.
Witness visited the room again yesterday morning, and
found the defendant and his daughters sleeping together as
before, but the second bed was empty.
Mr. Jardine inflicted a penalty of 20s. ; upon which
Donovan declared that he had not a penny in the world,
nor any goods worth seizing. He was consequently com-
mitted for 21 days, but, having been subsequently de-
tected in passing a stocking containing about 40s. to one of
his daughters, his worship had him replaced in the dock,
and compelled him to pay the fine.
Michael Sulliran (an old offender) was neat fined 51.,
and committed for two months in default.

Jeremiah Donovan, of 2, Wyld-court, was proved to be
the uscupier of a room on the ground floor, in which there
were two beds, one of them containing the defendant, his
wife, his two daughters aged IS and 10, and a servant-girl
out of place aged 14.
Mr. Jardine fined him U. and costs—committing him
for a month in default of payment.
Another man, named John Lynch, occupying a room in
the same court, was fined 41., or a month's imprisonment
in default.