The Express.
London, England, 1847-06-05 00:00:00

COURT OF QUEEN'S BENCH.

BOWELS t. ICti iailTilt 4; AN ILLP,
OITIKATE CHILD, NOT WITHIN THE AOE OF NURTURE,
A RIGHT TO THE CUSTODY OF THE CHILD T—ln this cue
the plaintiff declared on an Indemnity bond given by the
defendant to pariah officers to indemnify them against
the expense of maintaining his illegitimate child.
The defendant pleaded that the child was put the
age of nurture, and under the power and control of
the parish elan; that he was able and willing to
maintain the slid, without parish assistance ; that he had
required the perish offices to deliver over the child to his
can cad grit the child might be provided for
witheat Mktg to the parish, which the pad&
odious bad ands refused to do ; and that so the puithea-
an had been damnified voluntarily and of their own wmeg.
The phdatif replied by traversing the request. Oa the item
themes , the jury found the Mt of the request. Bab-
a rale aim for entering thejoigateat it the
notoithsteadieg the mat, vat getated, ad the ease,
by seder at est" set dam la the medal perm. The
grounds on whisk the ads had been posted were--I. That
a putative thaw had ea sight to the ersoody of his illegiti-
mate child. 2. nettle plea did not slew the seasent and
I willingness of the dad to be delivered over to the putative
father. 3. That se nubs of the Wombat's ability to main-
tain the child had been given to the with officers.
Mr. Hayes showed cum, and us* in mum to the
drat peas, diet the duty of the !mbar to rapped the child
proved the serrelative right to support It; be swim to the
second. that if the child had the power to emisent, it was not
under the power and control of the parish Gegen, on which
fact issue bad not been taken ; and to the third, that no such
notice was necessary. Mr. K. M acauley was heard in sup-
port of the rule. The court postponed the judgment.
BusiNESS or THE COURT.—Lord Denman said that as
the court had appointed certain days for proceeding after
term with the new trial paper, the crown paper, and the special
paper, it might be COHYtaient to state that all the criminal

elite in the crown paper would be taken in the first instance,
that after going through those selected cues it would pro.
need with the new trial paper, and afterwards, in some
dwree, with the special paper.
CLAYTON O. BEIM—NOTICE Or DISHONOUR —Lord
Denman delivered judgment in this case, in which on an ap-
plication for a rule nisi for a new trial the court had post-
poned its decision. The question was, whether a notice of
the dishonour of a bill of exchange, addressed to the Leeds
and West Riding Banking Company in the following form,
was sufficient:" We beg to give you notice, that the Dill of
exchange (which the notice then described) has been pre-
sented at, &c., and that the answer given was, ' No advice.' "
The court was of opinion that the notice was sufficient, and
that these ought not to be a rule—Rule refused.
CUMMING O. INCR.—Ie AN AGREEMENT VALID WHICH
HAS HIEN MADE POR THE PURPOSE OF STAYINO PRO.
CIEDINGe UNDER A COMMISSION OF LENACY FOE IN-
QUIRING INTO Till SANITY OF THE PENNON MARINO THE
AORRINENT ?—ln this case application had been made
fey a rule to show cause why the verdict should not
be entered fur the defendant, or a new trial had. The
verdict had been given on an interpleader issue, the object of
which was to determine whether the plaintiff had a right
to the possession of certain deeds. That question depended on
the validity of an agreement made by the plaintiff during the
course of proceedings under a commission of lunacy for ascer-
taining the state of her mind, and for the purpose of staying
further proceedings thereunder. The court had taken
time to consider whether the application ought to be
granted. Lard Denman now said that there might be a rule.
—Rule nisi.
WOOD O. 3/TTTOX.—Is A PROMISSORY NOTE PAYABLE
TO THE MAKER'S OWN ORDER A NEGOTIABLE INSTRU-
MENT ?—The declaration in this case stated that the defend-
ant made his promissory note in writing, and thereby
promised to pay to his own order the aunt of 6001., for value
received, four months after date, which time had elapsed
before the commencement of the suit, and then indorsed the
same to one Clarkson, who afterwards indorsed it to the
plaintiff, and that the defendant promised to pay the plain-
tiff. A verdict having passed for the plaintiff, a rule nisi
was obtained for arresting the judgment, on the gram' that
a promissory note, payable to the maker's own order, is not
a negotiable instrument. Mr. Chambers, Q.C., and Mr.
Wordsworth, now showed cause, and contended, 1.
That the instrument sued on was it negotiable instru-
ment, by the custom of merchants, independently of
the statute of Anne. 2. That the statute of Anne, so far as
it could be taken to declare that promissory notes had not
previously had the same privileges as bills of exchange,
must be confined to the specific eases in which it had before
then been " held " that they had not those privileges; and
3. That the instrument sued on was in law, as its terms
showed, a bill of exchange drawn on himself by the drawer,
accepted by himself, and of which he himself was the
payee—a state of things permitted by the law. Mr.
Serjeant Shee, .in support of the rule, urged that
the statue of Anne applied only to notes containing a pro-
mise to pay some one other than the maker ; r,nd that, WI
the negotiability of an instrument depended on the fact that
there was some contract to assign, this instrument could not
be sued on, because the promise was the contract of the
maker with himself, and therefore no contract at all. The
court took time to consider the judgment.

COURT OF COMMON PLEAS.
Sittings in Banco.
EXPARTE THOMAS KINNINO.—APPLICATION TO BIS-
CH•ROS • PRISONER COMMITTED UNDER THE SMALL
BESTS ACT, NOR NON-PAYMENT OP AN INSTALMENT of
A DEBT.—In this cue the prisoner was brought up pursuant
to the writ of habeas corpus granted in this court on Thurs-
day.—Mr. Pssbley now proceeded to contend that the pri-
soner was entitled to his discharge upon the grounds men-
tioned when the writ Was applied for—viz. that he
bad been committed under a warrant which was
bad in substance and in form. The learned COUR-
eel cited numerous authorities to prove that the warrant
of commitment ought to have shown that the debtor con-
tinued to reside, at the time of his commitment, within the
jurisdiction of the court by whose order he wen committed.
There were various other grounds upon which it was urged
that the proceedings were illegal ; but the main and sub-
stantial objection raked by the learned counsel was, that the
act of parliament did not authorise the commissioner to
imprison the party without previously giving him notice to
show cause why he had failed to pay the instalment due.
Mr. Petersdorff on the other side, contended that the
prisoner ought totbe remanded. The object of the act was,
to give the creditor the power of arresting his debtor ; and
there was no provision requiring the judge who 'hall have
made en order for the payment of a debt by instalments to
issue a summons against the party, in the event of his be-
coming a defaulter, to show cause why he has disobeyed
the order. There was no part of the statute which rendered
any inquiry necessary, except the inquiry which took place
previous to the making of the original order. the mode of
proceeding in the present case was, as Mr. Baron Alderson had
described it, analogous to a limited espies ad satisfaciendum,
giving power to the judge to enforce the payment of the
debt, without any inquiry subsequent to the granting of the
order.
The Lord Chief Justice said, that, without entering into
the consideration of the minor points in the case, the court
would give its decision upon the important question at issue,
namely, uto whether or not the debtor ought to have re-
ceived notice before he was committed for the non-payment
of the instalment. The court had looked most anxiously
and cautiously at all the circumstances of the cue, as it
was bound to do, considering that the learned judges
of the Court of Queen's Bench could not come to a satisfac-
tory conclusion. With the greatest respect fur the opinion
of those judges is the other court, with whom he differed
upon this question, he (Chief Justice Wilde) had come to the
conclusion that the warrant wen not sufficient, and that the
defendant was entitled to his discharge. The statute 8& 9
Vic., see. 1., was, to a considerable extent, penal, because it
gave the power of imprisoning, not by way of satisfaction of
the debt. If a party were taken upon a amiss ad satisfa-
tiendum, the imprisonment wider that writ would be a satis-
faction of the debt ; but here the power was simply used,
apparently by way of punishment or coercion, and the
party was subjected to an imprisonment, varying according
to the circumstances of his particular case. It appeared, by
the section in question, that if a creditor wished to enforce
payment of a debt, he is to apply to one' of the courts
for an order against his debtor. The debtor is to
be summoned, and an inquiry is to take place as to certain
matters, one of them having reference to his means of pay-
ment, and the judge is allowed to exercise his discretion as
to the time which ought to be granted for paying the debt
by instalments or otherwise. He has also the power to
commit in certain eases pointed out by the statute ; but,
amongst other things, he is required to institute an inquiry
into the party's means of satisfying his creditor, and he has
the power of committing, if the debtor does not pay, having
the ability to do so. The means were amuse to be ju
of with reference to the time given for the payment. his
act of parliament only dealt with the person of the debtor,
and the general object of the set was basW upon a principle
of humanity—that a party should not be sent to gaol who
had not the means of paying. It appears that the debtor
is to be summoned, and if he is proved to have the
means of paying by instalments, and shall not pay in such
time as the commissioner appoints, the commissioner
is bound to inqure into his circumstances then, and also to
receive evidence as to his future prospect of payment. It wen
only on the presumption that he bad not the present means,
that the judge could grant time. For what object was time
granted, but for one which had reference to the debtor's
probable means of paying at some future day ? The judge
had the power of committing for a period not exceeding 40
days. Row was a correct judgment to be formed with regard
to the time of imprisonment, tales by a proper inquiry ? and
the means of payment 'tut be on. of the essential points of
that inquiry. Could on biquiri by any possibility take place
unless the party be bard, wk. nue best know the extent
of his means, mil WIMP Welt base beeme a defaulter, by
rearm of ill-health, lineppolatmeat, lam or other ac-
cident to whisk all 110/10111 liable. As the
period of ire priesatuat was diseretionery, the law pre-
supposed an thresky is regulate that discretion, and
the party beet meeb . o satisfying the purposes of
such inquiry, Amid to heard. Aa it must make some dif-
ferenee to a men whiter he be committed for two days or
for it wee right that he should have an opportunity of
ap , sad el obeefog, if porible, that his means, et the
tame et deladt, would not enable him to pay. Here
wee, *seder% ea eionsisn for an inquiry pointed out, and
these were no weeds is the statute which stated that the
party abed* net be board previous to his commitment. On
the whale, be won et opinion that the debtor should have
notice to mom lidbee the commissioner who made the ori-
ginal order whist hint ; u the act did not authorise the im-
prisonment of • person who has not the means of paying.
Notwithstanding the conclusion which had been come to by
some of the judges of the Court of Queen's Bench, he
=k mot eemisteut with the general principles
regulated the obabdatration of justice, that the denier
should be sumeseei te show cause when a default is made.
He mu, *oar, of eplaion, that the warrant was defective;
and thig the petsawm least be discharged.
Mr. Jingo§ Whiny Mr. Justin Mauls, and Mr. Justice
eftlaWall asomened, end the debtor was accordingly db.
charged.

POLICE.—YesTEADAY.

WBSTMINSTBH.—Brotinenro Enai.v.--John WAir-
break, a layabeat twelve years of age, WIPA finally examined,
charged with deals 661.—Mr. C. B. Stewart, a gentleman
4111 the Oriental Club, residing at 2, Hertford-
street, 4er, pissed a amber 41 Beek of Bagiend cotes,
ea tie Stle of last meath, in a deck at Me Mies in Goat
Oesigivekeek Weeleminater, and ma the 14th mad a 601.
and aIL seem The pekoaer, who k the see of the poison
who boa elr set tee odkes, wee mopeeted, and given into
eereedy whoa be admitted that he had Mahn the none, sad
be bed glom them to a mac aimed Clerk, whose &d-
-imwits wee oaeopidated with, to get cashed, sad who had
leealy ghea Wm a *sere he 4111. aid two ervereigne. The
preheat awn In 401. frost the Beak of
which lad be.. glees yak tea ievereigas Sr the
note, which droll lave been team •to an depart.
mom of the ease eatsidiasaset, inunaillately on ite emelpt,
to be mike& In ineemeence of a emmunicatine saber
gamily made by the psisoner, Mr. Denegan, an imposer of
the II division, wait to Mr. Stewaree Mikes, la Gnat
Gongeetreet, where, in the coarse of a Oriel marek, the
prolocutor found the U. note amongst 11004 mom —The
prisoner made no defence, and was fully committedkr trial.

MONEY MARKET.
Faisiot Bramsd.
Business in the funds begins to resume the aspect
of the regular dealings of ordinary times, when transactions
are more frequent for money than for time, and consequently
are done for the smaller amount' usual when for real invest-
ment. Speculation upon any scale to speak of appears for
the present to be suspended. Consols opened this morning
with a fair market at 884 to 1 for money, and 881 to i for

account, and after receding 1,- and so remaining Cie mite
time, recovered and left off at their former quotations, wits
money stock a shade Hatter. Reduced Threes, 871 to 4.
Three-and-a-Quarter per Cents., 884 to 9. Long Annuities,
3 15.16 to 9. Consols Scrip 11 to 1 discount. Exchequer
Bills, 2s. to 4s. premium ; bills under 1,000/., from ss. to 71.
premium. Indie Bonds, par to 3s. premium. Bank Stock,
195 to 7.
Foreign stocks may be quoted nearly as before, although
with dealings somewhat mere active. New Granada Bends
were 191 to 20. Mexican, 201 to 4. Brazi:ian, 82 to 4.
Spanish Fives, 221 to 1; the Thrers, 331 to 4; Passive, 4/
Portuguese, 32 to 3. Dutch Two-and a-Half per
Cents, 581 to 9 ; the Fours, 891 to 90. Belgian Fonr-and-a-
Half per Cents, 914 to 31. Russian, 109 to 111.
The rates of foreign exchange were lower to-day on the
chief continental drawing places. On Amsterdam the nego-
tiations were 12.4 to ; on Rotterdam, 12.41 to I; on
Antwerp, 25.90 to 95 ; on Hamburg (higher), 13.121 to ;
on Frankfort, 1211 to 1 ; on Paris, 25.85 to 90 ; on Vienna,
10.51 to 61; on Leghorn, 30.374 to 421; on Naples, 401 to
;on Madrid, 474 to I—all at three months. On Lisbon,
at 60 days, 631 to 4.
If reports emanating from respectable quarters may
be credited the Treasury are entirely at their ease already
with regard to the Exchequer Bill operation. The amounts
sent in for renewal down to yesterday are understood to
have been so considerable that the success of the bill re-
conversion was then no longer doubtful, and of coarse they
would be swelled by the quantities which would be rent in
this, the final day, now that the bills have obtained a mere
established value in the market. But it is said that the
Treasury had made arrangements in any case to be prepared
for every eventuality.
It was stated under this head some time since that, in con-
sequence of a contract for the purchase of a certain amount
of the eight millions loan, the Russian government were
about to make some heavy remittances of gold in payment.
It is known that some quantities of gold are now on the
way, if not already here, but we learn on proper authority
that no portion of these shipments is for account of that go.
vernmeat. The fact is, that on the accounts reaching St.
Petersburg of the late embarrassed state of the money market
here, and the difficulty as well as heavy charges of discounts,
certain houses there found it convenient to remit gold to pro-
tect their correspondents and their own bills on them.
The Bank is understood to have been extremely liberal el
discounts to-day and during the last few days, and on term
easier than could be obtained in the general money and
banking market.
The Bank of England averages for the week ending the
29th instant give, al compered with those of the week pre-
ceding, the following results
Clreulation—lssae £25,290,420
Ciresladoe—Active 18,802,390
Public deposits
Other deposits. 8,431,900
Governmentreerwitiesia
Banking department 11,652,30.5
Other securities 17,041,936
Gold and silver coin 10,169,721
Bevee.dsysndotherbUY 704,451
The Reel 3,472,338
The reserve in the banking department, notes and coin
together, amounted to 5,507,331/., which was an increase
ever the week before of 339,0781. The increase of coin and
bullion it will be seen was much more considerable than the
week before.
BANK OP ENOLAl4lo—Amax* a. as Week ending M. 7 Is.
MOO MI
goes tossed eits,seboas

.... Debt ......111.014,100
OB.*, Securities 2,9114.,00
Ciold Cole end Bullion 7,60007
Silver Halibut ... 1.404.117
113,210,410

1123,110,420

lug les:eV Npital t14,143,090
Zan 3,472,1116
Iftpote(lsclodliag
=l.r. Duke,

.... ..,
D7l:4,ukel Div.Accoaals) 1.E11333
Other Deposits 5.431.100
MrerYl aad other 111116 761.431
134,201.373
Jaw Llll7.

Raak Mock, 115
3 per U. MC Lau, 1711711
fpw/C9.099.ANN5.,11411113
New II per Ct. Aar, 131 I If 9
Idate ”p. Jr. I. MO, SIS.IS
113913 k longs seam' 41001,

Ovreniamt NecerldaVin-
daellnig Dead Relight
....... 111,43174.3
Ot.law Snarllles
New.
Gold sad Silver Cuts b79,30t

per Cest. Engines Ede 021;11, 22--
pee OW. Orevads Heade. 10
per Cr. Neelean. 1141. 102
per Ct. Pert•iwee 340.334
per Cl. 1r 111e..11113,t 01 .110
per Cr. aguish PO4O we Heeds, 41
IELCHAP:OI2O AND

Z 34.701,072
r. MARSHALL. Chlrof Caskler.
IMMO.
1373 th Nes A 0 , 001
*mob fee Axel.. P 3/ i 11
per Get. C 1 Scrip. 13 die.
R 0fW.C1.003,f..,t 4pa
Otte, Z/00, 0 7 pm,
Otte. 1333•0, 10 7 pa
TOND3.
3 per C 1.11000133313., 10e. 71333100 v.
ISO, Ili 1
DPW, Acct. lose IS, 111
3 per O. Ppoolo3, , (421
43 pee Cr Belden iw . 031
4 per Cert. Du, Cersilestea, 00 001
RTOOIII •1113•13.

PARIS. Jess 8. I m!..4.
,•
3 per WM. • 7$ 70
$ Do. . 118 if
4 D.
. ..
4
Bale. I. 1640 1 1
It:4
1843
I Do. 46 111
Da If
Itaplaa Beata 40:; If
Roman Lama 1006
Thaw, Dos& II SI
Past Bluer Isaso to is
esamis ea Laptop .80 dap,.
M 00... MILT O-1117++ per
Nuts., If 0841 ; Firs per Oratc.
cub; MU at it. Peraaf .130

storlair. 11181.0. I Logram. C 13300
n 30 78 33 73 30 73 33
111 33 117 13 111 N 117 10
•
oo
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so

SI 33.
r Unit, 2
, cash 6
ad ; Rat

MI doh. 111 p•Mr. Po•r per
Pule.... la cash ; Oo•Poo0. 10
U••{. OR Looioo, 40 0400 cub.