The Express.
London, England, 1853-06-07 00:00:00

THE EXPRESS, TUESDAY EVENING, JUNE 7, 1853.

The e,urt was of opinion that thero should be a new
trial upon payment of coots.
Rule absolute.
ELSET T. THE EAST INDIA COYPANT. Tat INCOME

-
Tax.
This action came before the court upon a special case,
which stated that the plaintiff s.ught to recover 261. 011 3d.,
as money had and received, and on an account stated, and the
defendants pleaded never indebted, and payment. The
case stated that the plaintiff was entitled to au annuity of
1,0001., payable eut of the Civil Service Bengal Annuity
Fund. This fuad was formed by subscriptions of the civil
servants of the company, and by money contributed by the
company, and the fuad was invested in India, and managed
by a committee of nine. By an arrangement the servants
have the option of beb.g paid either in India or in London,
and the plaintiff elected to be paid in Landon. The plain.
tiff resided at B .ulogne.sur.sler, and he authorised Messrs.
Willis, Perceval, and Co. to receive his annuity for him.
They accordingly received certain payments on his account,
but the company deducted the sum a 261. Os. 3d. for income
tax. The action was brought to recover this sum upon the
tnerefore
ground that the annuity was payable from a fund in India,
and
was not liable to be @hue Int In Tye question
for the court IMP, whether, under these circumstances, the
present action was maintainable by the plaintiff.
a person randent out otOhrescteßrittlin,
Mr. Udney appeared in person, and Mr. Watson was for
the East India Company.
The Court stopped, the case, and stated that there could
be no doubt that the plaintiff was entitled to judgment.
Judgment for the plaintiff.

COURT OF EXCHEQUER.—YEsTERDAT.
Elzmoos no Boma—Boron nos Loan Cum autoot, Ma. Honor
ALDO/011. MI. BARON PLAIT, AID MIL BARON MAST3IO.
: GIBS AND ANOTIIIII V. FZEMONT.—INIIOINS2 ON A

_ -------- -.- ----.... ----
FOREIGN BILL or EXCHANGE.

This was an action on certain bills of exchange, drawn in
California by Col. Fremont, when commanding the Ameri-
can forces there, on the Bon. James Buchanan, the Ame-
rican Secretary of State at Washington, and endorsed over
to the plaintiffs. The facts of this case, which has fre-
quently of late been before the public, were that, in 1817,
when the Americans were wresting California from the
Mexicans, Colonel Fremont, being short of money for
the supply of his army, induced a Mr. Iluetnsan to
make certain advances to him upon bills drawn on the
Secretary, at Wuhiogton, whither Mr. Huelman, who was
• trader, was going to obtain a fresh supply of goods,
for the purpose of returning with the same
to San Francisco. When he reached Washington and pre-
seated the bills at maturity they were dishonoured, no
Binds having been provided to meet them. They were
then endorsed to the plaintiffs, who are London merchants,
and Col. Fremont was subsequently arrested upon them in
London. Ultimately, the United States government made
arrangements to pay the bills ; and the only point now in
dispute was whether the plaintiffs were entitled to interest
at the rate paid in Washington, 6 per cent., where the bills
were made payable, or at that given in San :Francisco,
where they were drawn, namely, 26 per cent. The jury on
the trial were of opinion that the plaintiffs should only re-
ceive the Washington rate of interest, but the question was
reserved for the full court.

Mr. Devill was heard to-day for the plaintiffs, and Mr.
Willes for the defendant, after which the court reserved its
judgment.

SITTINGS AT Nat ?RIOS AT WIRTRIIMITAR. 11120112 MR. BARON
PARRS AND CORN= JORIRS.

HONETYLN V. WILLOOLESWORTEL. ... FALSE lIIPRISON.

MINT.

Mr. C. Pollock appeared for the plaintiff, and Mr. Honey-
man for the defendant.

This was an action to recover compensation in damages
for fahe imprisonment. The facts were very simple ; a
person called Cramp occupied one of the houses belonging
to the Islington Market Company, as a lodging house, and
had paid his rent to a person called Harper, up to Midsum-
mer, 1852, whoa notice was given to the tenants to pay
their rent in future to the mortgagee ; and about Christmas
the defendant, a young man under age, acting for his
father, took violent possession of Crump's furniture,
alleging that he wanted to quit the premises : and having
taken out some of the doors, and all the sashes of the win-
dows, he locked the furniture up in one of the rooms. This
he did with the aid of some " navvies," hired for the oc-
casion, and left one of them in possession. The plaintiff,
a friend of Crump's, happened to be passing at
the time, and seeing the forlorn condition of
Crump and his wife (who, it aopeared, had
produced the receipt for their rent to Midsummer) he
endeavoured, in the temporary absence of the man in
possession, to assist Crump in taking out his furniture ; in
consequence of which defendant gave him into custody of a
policeman, together with Crump and another person, for
stealing the furniture; and having been locked up all
nightlin a police station at Kingsland, they were, the next
morning, marched through the streets to ClerkenweU
Polios-oMee, where, upon hearing the charge, the magi-
strate dismissed the case. These facts haying been proved,
The defendant's counsel stated that he regretted what
bad occurred; but the defendant had acted under an im-
pression that his father was authorized as the agent of the
mortgagee, and being a youth he was entitled to some
indulgence.
The jury found for the plaintiff. Damages IM.

COURT OF BANKRUPIVY.—IfewrzuDAT.
Barons Ma. COMMUIPSOMILI Roam.
IN RE 8111113.

The bankrupt was a chusemonger, of Knightsbridge.
This was the adjourned examination meeting, the adjourn-
ment having been ordered to enable the assignees to look
into the accounts. His debts are 1,089/. ; liabilities, 1131. ;
besides liabilities under an insolvency in 1847 of 2,1711.
The assets are put down at 1681. The present account com-
menced in February, 1&52, with a deficiency of 4111. The
profits had been GM . ; trade and domestic expenses, 1.1014
asses, 731.
Mr. Linklater asked that the bankrupt should now be
allowed.to pass on the ground of his having rendered the
best account in his power.
Mr. Simpson said the usignees were far from being satis-
fied with the statement; but thinking that no good would
result from an adjournment, the estate being an extremely
poor one, they would offer no further opposition to the
bankrupt's passing, bat would reserve all questions till the
certificate meeting.
The bankrupt puled accordingly.

INSOLVENT DEBTORS' COURT.—Yzaratpsy.

Bizon Ms. COMUNKIII.I Law.
IN Rn JOHN THOMAS Kracr, Mane " Joint TitoXne."
This insolvent, a young man, was opposed by Mr. Powell
for a creditor named Courtney. Another named Wright
appeared in person. Mr. Sergood supported.
The insolvent had been in business bet a short time in
several places u a grocer and cheesemonger, &c. He had
used the names of " Charles Singleton," also " John Tho-
mu" and "John Kent." At Walworth he incurred debts
and suddenly left the place. He went to Stevenage in
Hertfordshire, where he was "John Thomas." There he
contracted debts with the opposing creditors under certain
representations. He told Mr. Courtney he had a capital of
1001., and had n been in bueiness before, both of which as.
were false A statement was made respecting some
property of his mother as alleged, by which the debt was in-
creased. He suddenly left Stevenage without knowledge
to his landlord. He was taken before the Lord Mayor with
others and discharged on his own recognizance. Being
taken in execution, he petitioned the court.
Mr. Commissioner Law was of opinion that debts had
been incurred by deliberate falsehoods, and intimated n
serious judgment. His Honour deferred judgment to the
27th inst.

Ham's Town, who committed him to prison. I received a
despatch from the Foreign-office, and the lieutenant-
governor rendered me great assistance in consequence.
At the prisoner's request I visited him in prison, and
he then said he bad better do all he could for
his c.editors, and if I would look in a certain part of his
dressing cue—but I interrupted him, and said I had
already found what he was going to tell me about, which
was a letter of credit for 1,0001., dated 2nd September,
18.52, and made payable to Frank Steward, also an I 0 U
for 62f., both of which I found a few days previous behind
the looking-glass in the prisoner's dressing case. The
I 0 U was from a gentleman of the name of Lyons, resident
in the colony. Ile asked me if I bad seen Mr. Brockle-
horst, one of his fellow-passengers, to whom he lent 101. I
accordingly applied to that gentleman, and obtained pay-
ment. I afterwards found the following property belong-
iog to the prisoner :—A chaise, two sets of harness, 150 seas
of horseshoes, a set of butcher's tools, and the same of far-
rier's tool., 100 cards of buttons and studs, end a quantity
of bed and table linen, all of which I sold before leaving
Australia. and they realised upwards of 150/. While I was
waiting for a vessel to bring us back, the prisoner obtained
tram k"vi. 1"-Z, toe Informality of the
commitment,which alined by a magistrate in the colony,
instead of the Chief Justice, who liberated the prisoner
on his appearing on a habeas corpus. I took the prisoner
again upon the same warrant as soon as he was released,
and went with him before another magistrate at Melbourne,
about nine miles off, and he was remanded for a week. In
the interim the Lieutenant-Governor took counsel's
opinion, and being satisfied I had legal possession of
the prisoner, gave me his warrant to bring him to England
I returned in the Sarah Sands, which left Hobson's BAy on
the 14th of February last, and arrived in London on Sun-
day week, and, on the following day he was brought up on
the magistrate's warrant to Guildhall.
Proof of bankruptcy having been given, the magistrate
announced his intention of sending the prisoner for trial.