The Express.
London, England, 1849-11-09 00:00:00

f,ado fritefligenct.

etioveraber, 1848. If the eadsetiou took place daring the time
elm wee In the defeadeat's employmeat, the 'mad Ora wee
ea
sumer to the arida. The loaned judge bad *motors
Me
the jury. There were afidevite by five preens
besides the deleadast, reties that the snake oreamineed is
1842 awl matinaed aril 1848. 11 was thereibre submitted
that the defeedeat was ea hied to • role spa the grounds of
misdirestkm, that the verdict was esideat evidesee, mad that
the lIMMORBB were toe high.
Sir Y. Pollock—lf the damages.% say view of the 01"
ere ezeteive, you would be sadied le a rate.
Kr. Oreonweed mid, free Ike ebeervetioas of the leased
Judge at the VW, then wee me Malt they "add be head to
les -eseeseiva
Yr. Berea Aldersas—Certeiely. If • mem briar as
Nedra bemuse a aute awe to wham her daughter, leased
at 100 L, the loupe should km heat owe atith
lug.
The awe altleaseely Whirred their ietaatiaa toaeauls
Kr. Jodie Willem be= proomuwed Chair delis_
hairiest deemed

EQUITY COURTS.—YEKTIDAY.
IWO'S Dui Rasa or Tall Roma
Doonaix—Coeve
Ye sumac, OUT CLAIN
or Naze or im
TM Master of the Bells gave judgment is this ems.
t
api D, dotedpestat thatthe Hl7th Dee . Dmidelo the testator in the muse by his
Wed a real estate to the
kw a term of 1,00 IMO, devised
yeses apes tram to miss SAOOI.
rterlislatees nest of kis Beteg at the doe of hi death.
Behrens= were digested to the Mester to @amble
who wen temeter's next of kin !Meg at his
fee* mod ollimally Louisa Ana Mks end B.
hobs woe peels. be the se
ta a kin en the
father% side, m Baldwin ea dm segaber's side. •
=was Om pimento& in May INS by*, wed of Ma
gel Ml6* isieselive shares Mete 1.0001.14161M1 I
hem mead ime amt. The pdsdpal quells en
the oldie peaks was whether the ends of dm amt
of his in asides out their claims ought to be basil=
hod of 3,0001., or by the testator's estate. Mb
new ittdossent oa this point, and sake bet se the
laeMkeva_dswlo were the next of his of the UMW was
railed wader his will, he thought the costs al Ole ries
divested ter the purpose of as
whe the nest of kin
weed geed Cobs hems by the testator's estate, sad not by
the hellsqatedes.
IN TDB RAT/1111 Or YEN WINDING-17T ACT AND Or
Tan MINOT LONDON AND POILTONOUTII RAILWAY COX-
TANT.—CooTs or Pennon.
Is Jane last as injunction was obtained by Mr. Cokes, a
drisobelior in the above railway company, to restrain the
orempay tram making a railway to Leatherkeed Daly, being
gas% thdr WPM Ilse. And pending the time that in-
tememol Moo Me meeptay 'mad appeal to tie Chancellor,
Mr. Odom, en the 24th off July, presented a petition
under the Winding-up Aet tor the disseletion sad
wiading.up of the compay. On the le of August
aa set to amend the Winding-up Act was passed,
which enacted that that act should set apply to a nil-
way company Incorporated by act of parliament. In
consequence et this enactment the pillion for winding up
the wispily could not be prosecuted, mad the question now
was, who wss to pa the costs of the petition ?
Hie Lordship, altar hearing Messrs. Tumor and Cole for
the petitioaer, and Mean. Melia% and BovM for the re-
'pendants. said that no blame could, nodar the dream
steams, be imputed to either party, and he then.ht he
ought to dismiss the petition without costs, which was dame.

Doom.= v.

PREROOATIVE COURT.—YESTEADAY.
Begone am iisennor 'own peer.
MILLMAN e. MILLIGAN.
Dr. R. Phillimore said the testator, William Milligan,
died on the lath May, 1849, while ou a voyage at sea, he
being at the time the master of a vessel. Oa *0 ate
Aug.,
1848, while is the Margate reads, he wrote a letter to
bie wife, is wMek ha stated, that although she took two
thirds of his property nailer their marriage settlement, he
gave to her, la the event of his dying, saying life was
always ussertain, ell his properl, and he hoped his vele.
doss wield sot attempt to deprive her et it. He (Dr. 18
Philihnere) now applied to the court to have probate
granted with the paper annexed.
The court observed that ia this ew, the testator was ea a
at sea, bat previous to sailing be wrote the letter sew
=the smut, to his wife, giving to her all the property
be might die worth, or which night coat* to him in say
y. There was no vacates to this paper, it could net,
Ilentelenej be valid under the will set, hat there was as
amegaisa es to mariner,; the court therefore thought the
isttrument was good and wee entitled to probate. Toe
heathars of the oessol were in Van Dienten's Load, to
Thews aeries had been given, and the other brother,
a'sd, had consented. The court in conss-
gums Issued administration with the will ascend.

B•sicoms V. Kulausow.

This was a question upon the validity of the will of the
late Hoary Baskanah, En., of Chilblains; la the county of
Lent, sad also two codicils, executed at the respective dales
of Jaly 91,1843, for the will sad the mulicils bearing date of
180, end April 9, 1849. The opposition was made by a
Mn. Meshes, the daughter of the testator.
Dr. Mardis( gad Dr. Hayford, on the part of the era gad
wan* of the testator, contended that Mn. Manhos had
N diesel isteesul seder the lest codicil, and could set sulfa
nth
hr Mn. Hudson, held that she, as the
laughter :of the testator sad next of lila, had a right to
appose a testamentary Metnnient. He did mot in the pee-
ling monks oppose tin ll sad lest eadiail. And why ?
bran it She lea *lei was geed k law it revoked all
lean wills awl eetsE lasnwinanta.
said
The Bond it the daughter of the testator as
M marriage had a tof 6,0091 , her father at that
laded onsideriag be had provided for her, and therefor, did
set mike say ;whim k
Is g her abler hie will ; bat lase his
death lea had m iatanaml that the teenier had male a
mail Ow bra an interest ander the estate, sad she len-
ders wised she papers sow propoualid. 4he court thought
her sight to omen these papers must be admitted, but re-
tooled the eons.
Dr. Addaxes said, on the part of Mn. Harrison, he opposed
all the papers peepeanded.

BAIL COURT—Yornotpair.
Isms 111 h. Joanne PATsroo.
Dom e. examma.—Mortom TO SIT Alms Amuse':
DUD LCD WARIANT OP ATTOZNBT.
Sir F. Twig's mod for • rale to show casts why an
annuity deed sad s warnat attorney, together with all
subs. (meat peseesdiam, shied not be set aside. It sli-
vered that "a CaO. Casaba la 1823 !sorrowed • sot of
TOOL frOon the Oahe', • tae asearity of an autunite deed
for 704. sad • wanes/ of Maw , sad he rewired 6301., the
can=ism of MC Min mislaid, as it was alleged, for
exposes& • sisiserial of the annuity was or
rolled. In 101 by de AIM of his ode, Sir Alas
Chambet, C.O. Mohr* beams ertiffed to a reveries of
estates is embodied, Westmeedied, sad Yorkshire, yes
which the plaiatir egged fat additional enmity for the
sum lest, sad miedoie annuity deed for 99 years, de-
terminable as the of Captain Chasibre, was
tho amidesalles he which was to be •
no et 700 L, sad ameba warrant at attorney for
1,4004. on eased br espies COmbre. The =solders.
ties mosey ter these saimmosts was not paid to Captain
Cambia, although he emosed them sad neared back the
Ant deed sad warrant of atessasy. A moadal of this deed
was she swelled. la 1836 Captain Chambre's father died,
sad ha biome =titled to the estates of which he hal a re-
version. The annuity had boa assiomd by the plaintiff to
• Mr. Flight. who bad Wend sato passemioa of the
estates ia 1888, and bad so sostinsed over sine.
It was sow cestesded that so essaileratioa money had
been paid as stated Is the memorial of the annuity deed,
whisk bad been sarolled„ sad the learobasat bed not bees
made is statormity with the pedalos. of 63 Geo. 111.,
a. 141, see 2, and &mitre was bad. Besides which, the
maids, of the 701. he the list trasesetios was a ground
kr MIN aside de estrmists is moles, and it had bon
is dediel in nisei eases. The estates hobo Ma tikes
psiesidis of by the bedsit et the enmity deed in 1838, it
was esslealeat tea payment of the soak,.
isle mated.

SHERIFFS COURT.—YrinnatT.
Banes Ma. UNDIIIIII/117
PROCLAMATION OF OUTLAWRY.
At the witting of the court, Mr. Heap, the bailiff, =ode
the usual palmation, and called upon the following par
ties to samosar under penalty of outlawry : Carlo Sor-
bonne or Borborne, Prince of Cepoe (pia is orig.), at the
snit of Alfred Robin.= ; Robert Wise, at the suit of the
Right Rev. Nicholas Wiseman; Charles Edmund Green, at
the nit of Henry Briley Hinds • Robert Clifton' et the snit
of Edward Brennan ; James Barri Mitchell, at the suit of
Leonard Kaman; Frederick Heaningeon, at the suit of
John Doe ; Hake Hammill, at the suit of Isaac Halle ;
:iohn Philip Berman, at the suit of Samuel Disk ; George
Gordon' at the suit of Charles John Cheshire ; and Robert
Becher fitowards, at the edit of Richard Ponder.

COURT OF BANKRUPTCY.—YzenaDAy.
Barone Ma. Comaessewas HOLIKOM
Rs Bestow, BOLPIX, AND CO.
Tho bankrupts were extensive drapers in Dublin, but most
of the creditors residing in England, the flat was opened in
this court in August last. Their debts are 20,8381 ; assets
estimated to produce ultimately about 12,0001. The bank-
rupt had occupied very showy. and extensive premises in
Dublin, so as to appear to ba doing a great business; mean-
time they had carried on a system of forced sales in all the
principal towns in England and Scotland. Their proceed-
saga were interrupted by a Manchester creditor discovering
some of his own goods offered (or sale by auction at Liver-
pool, and disposed of at a miaow discount. A flat was im-
medtately taken out, and by great activity on the part of
Mr. J. Johnson, the messenger in Mr. Holroyd'sooart, who
was dispatched forthwith to Dublin, about 8,0001. worth of
peoperty woe secured for the creditors. A portion of the
&mete hoe since been realised, and though barely three
months have *lapsed since the flat, a dividend meeting was
sow held, and a dividend declared of ss. in the pound.
Mr Marden, solicitor to the flat, said the result of the pro-
ceedings in this case was, that assets had been secured to
the amount of 12,6801., and upwards of o.oood had been
realised by the diligence of the assignees. The result was a
very largo dividend for the creditors, aced a much earlier sae
than they could have obtained by any other costive. There
were resets sufficient for a dividend of be. in the pound, with
the prospect of a further dividend in a short time.
An BISHOP—NON-lIIIIIINDIR.
This was the last examination meeting in the case of Robert
Bishop, late of the Oriental Hotel, Vere-street.
Mr. Duncan, for the assignees, said the bankrupt had not
yet surrendered; the flat bore date 6th July last; it was on
the petition of Mr. Young, the chief creditor. and assignee,
to whom the bankrupt owed 1,8501. The bankrupt bad
souisht to annul the flat by petition to the Vice-Chancellor,
in the mean time keeping out of the way of the summons
from this court. When the bankrupt's petition was heard,
his time for surrender was enlarged to this day, with the
remark from the Via-Chancellor that his keeping out of the
way raised the suspicion of fraud. Two other summonses
had been issued, returnable on the 15th of August and let of
Spumberrespectively; but on neither occasion had he at-
tended. Application was now made, under the 119th section
of the new act, for a warrant against the ba'skrupt. Yester-
day the petition had come on before the Vice•Chaneellor,
by whom an issue was directed to be tried, the order for the
bankrupt's surrender remaining in force. He had made over
all his property in the Oriental Hotel to a favoured ;creditor,
by whom it had been sold to a Mr. Warner, a schoolmaster
at Losighbor nigh, who was now in possession. The debts
amounted to 7,0001., and there was not a farthing of assets.
It was now asked that the examination should be adjourned
sine die, and that a warrant should be issued for the appre-
hension of the bankrapt.
His Honour did not think the new act would apply, palm
the refusal or evading of the summonses bad taken place
since the act came into operation, and the bankrupt was
bound, by the order, to surrender that day. If he did not
do so, the examination must be adjourned sine die, and a
summons might be taken out, as a foundation for ulterior
measures.
Mr. Deccan—Porbaps your Honour will give us a certifi-
cate of our debt being proved, on which we can arrest him
as on a judgment.
The commissioner said he should decline to act on that
section as applicable to an old bankruptcy. The ease must
meted in the usual course.
The examination was accordingly adjourned alas die, and
the appointed time having expired, the bankrupt was pee-
-1 claimed in the usual form.

INSOLVENT DEBTORS' COURT.-VESTERDAY.

Emus Tux Cutup oourcomOirsa.
ArrLICATIONS VMDzi TUB PROTICTION TRU
MATTER or JOHN WATSON.
This insole: nt, a gunsmith, applied under the Protection
Ans. A creditor named Matthias opposed in parson, sad
Mr. Way, barrister, appeared is enpp tbe appliestkm.
The eredi•or complained that the Pronsees Act wu not
intended for the Cele. The lambast's erns bed SOL, a year,
and he worked at his trade. It was ask a raw fir probation.
The loused Chief Commies:neer thee*, the iasolmat ,
bad better pay his debts than tome to the mart; his wife"
had an annuity, and he lied bent fa west.
Mr. Way submitted that it was a ems for protestim. The
Wolves, had been out of employ sad the mashy was an
sufficient for the large family he had to support.
His Honour raid the applicant could pay his debto. Ra-
der the Protection Acts parties applied when they thought
proper, and he was not to give protection in snob a ;one.
Be should dismic the petition.
Mr. Way urged the case on the lensed Commissioner es
one mans on the court to grant p: oteCtial. sad the own-
Oreditor, with some warmth, declared that it would
be " eobbery" to great protection.
The Oeset declared its iambi= to diensiss the petition,
mil If the Wilmot was arrested he could apply under the
011M111114111111.
The polities was accordingly dismissed.
Xmas Ha. Coutteenterze PZILUPS.
Di WI ;AXIS JOHN faunae. Burnt.
This inseam*, a workiog engineer, was opposed by Mr.
Birdie, u amoisl for Messes. Miller, Renothill, and Co.,
the eighteen. He wee supported by lb. Elargood.
The complaint in this case was somewhat singular.
insolvent, as a workman in the employ of the °prin.,
creditors, was tent by them to Venice to 'rock, under a
contract they had undertaken. They advanced him 401,
and he teak hie a its with bin. He went to Ostend sad
Cologne, where his wife was token ill and he was advised
not to take her to Venice. He ntarseti to Ragland, but did
not communicate with them for some time. The money
advanced to him bad been expended in paying debts he
owed before be left, and in the travelling exposes sad the
illness of hie wife. A collateral issue arose is this mace mis-
fire te the service of the writ in the action. The insolvent
denied that he had bean marred with the process, bat the
contrary was proved in evidence.
Mr. Willie complained of the groat Wary the insolvent
ba4 committed on the opposing creditors subs employed about
1,000 men.
BLOOMSBURY COUNCO
Bowie D. D. Bin% Fp
BIRCH O. 81ANNS 111 Taoas. LONDON .WIDNINDAY
Com
The plaintiff, Min Birch, the eminent vocalist, mod the
ilefeadant, plata sad =Whets' of She Leaden Wedase-

r. The

THE EXPRESS, FRIDAY EVENING, NOVEMBER 9, 1849.