The Express.
London, England, 1847-07-22 00:00:00

COURT OF REVIEW.

Ex PARTE BASTARD RR WISS.—NEWTON AND TOT-
NESS BANIE.—Hie Roomy gave judgment in this case, dis-
missing the appeal from the decision of the commissioner.
Ex PARTE HALL RN CAILET.—OTTICIAL ASSIGNEE
HELD LIABLE TO PAT PERSONALLY 11111 DIVIDEND ON
• PROOF ONITTED BT MISTAKE IN CALCULATING TUN
DIVIDES ne.—Ths petitioner had proved a debt 0(3531.140.2d.,
which, by nestake, was omitted in the list of proofs used in
making the declarers of a dividend. He now prayed that
Mr. Belcher, the Mehl assignee might pay 181. Os. 10d., the
amount of the dividend whisk the petitioner ought to have
received. The wan el the eget provide that the official
assignee shall semehe sad alga the list of proofs,
if correct, and shall prepare broke eoetainieg as
many blank &Aired warrants r say be socesury,
11 and fill up a warned foe Oath ditidend.—Mr. Rena
and Mr. Tillotson, in sappset el the redden, eons add
that under this order Merida issigat• eight In have ma
that the lietaaareeededyileded this proses that had been ad-
mitted.-11b. ;Tod Mr. Maio, he the official assignee,
said that thiousiassZet odor parks, and particularly
of the mildew te Who was bound to ascertain what
peach had beim , the ditty of the official assignee
being mu*b renitea the list for the purpose of ascertain-
ing the assedit ger dividend, eammaing the proofs to be
accurately elMeib—The Chief Judge, who was assisted by
Mr. Cerrieloseerentiascne, asked whether the counsel I
for the 'MAY iisollper desired that the solicitor should be
served with therpdillits, lathnating, ea far as his Honour
might with purlieu de so, in the absence of a party inte-
rested, that the Nark IA& possibly, in that case, direct
that the seßeiMit shoal relieve the official assignee,'
either V! est Mr pert, her the responsibility which
it was ta epee him by this petition. Mr. Basso
and Mr. illisoirovever, sites eserstros with their client,
Odd, that they desired serer the shee to be brought
before the earl, and the chef then said that the
meaning of the seder apperei itmedre, that the official
assignee shard not sr* ruder the evereetness of the
lists in point of ardor*, bet arid see that they accu-
rately represented the pees& whisk had been admitted, and
his Honour was mere hedged Is this haprerion by Mr.
Fonblanemel eenenzuros is h. At the mime time his Honour
absolved the official reissse hem ail Mrs. Every other
assignee, probably, wesiChave meted in the urns manner,
and his Honour wished partiselarly to state his own,
and, what was of more value, Mr. Fonblanque's high
opinion of the way in which Mr. Belcher dis-
charged his duties. In this case the court would
willingly have charged the public with the consequences of
the oversight, had it been practicable. As the matter stood,
however, the creditor must have his dividend, and there was
no alternative but to charge Mr. Belcher with the amount,
and with the costs of the petition.
COURT OF BANKRUPTCY.

Belle Mr. Comml=keer Rol
Ix RE SIR F. C. lixowl.m. Thirtukrupt was a
banker of Cavendish -square, and this was a meeting for the
choice of assignees, which was adjourned until the 17th of
August next. No balance sheet having as yet been filed, we
cannot make any statement with accuracy respecting the
amount of the failure or the assets, but we have been given
to understand that the debts amount to about 30,0001., and
that the estate consist of certain mining property.

ASSIZE INTELLIGENCE.
NORFOLK CIRCUIT, Cionunnor, JOLT 20.
Behre Mr. Justice 'Naimoli.

THE QUEEN O. BIDWILL.—INDICEYENT FOR DIS-
OBEYING AN ORDER OF MAGISTEATES FOR THE PAY-
MENT OP A Bun DUE FOR CHURCH RATE.—This wu
an indictment against the defendant for disobedience of an
order two justices made under the 53 George 111., c. 127,
for the payment of a church rate of lea. soared upon the
defendant, and 11. 12e. 3d. costa. It wu tried before Mr.
Baron Parke at the senses for this county in the spring of
1845, and the defendant was found guilty, subject to the
opinion of the learned judge on certain questions of law,
one solution of which was to have the effect of arresting
judgment. Those questions were subsequently debated in
town before the learned judge, between Mr. Couch for the
don, and Mr. O'Malley for the defence, and the
decision'l.cu
mec
was then postponed. Mr. Justice Patteson now
read the judgment of Mr. Bares Parke, which, alter stating
that a •erdi t must be entered for the defendant on the
second and third counts of the indictment because only
One rate had bean proved, that the question wu
whether the first count was bad In arrest of judg
meat, and reciting the substance of that count, went
on t• say that " the first and principal objection made to
this count wee, that it was insufficient to allege that the rate
was ' duly ' made and allowed as by law in that behalf re-
quired, and that the defendant was ' duly ' rated therein
at Its., and that the facts ought to be stated which constitute
a due making and allowance of the rate, and a due rating of
the defendant. The general rule is undisputed, that the facts
and circumstances constituting the offence itself must be
averred on an indictment, otherwise the law resulting
from the facts would he a question for the jury. Bat
there are two answers to this objection. The that
is, that there is a distinction between the allegation
of facts constituting the offence, and those which must
be averred by way of inducement. In the former cue,
the circumstance' must beset out with particularity; in the
latter, a more general allegation is allowed." Aft7xeeti
and commenting on several cases, the judgment
thus : "In the present case, there can be no doubt that the
offence for which the defendant Is indicted is the disobedience
of the order. The introductory facts are alleged only
to show that the justices had jurisdiction to make that
order, and that the order was therefore obligatory, and
they therefore fall within the description of induce-
ment. Another answer is, that independently of the allege-