The Express.
London, England, 1847-12-09 00:00:00

pointsithe court w....re in favour of the plaintiff. The money
wbieh the plaintiff sought to recover from the defendant
could cot pr,perly he acid to hate been deposited to " abide
the event of a wager," inasmuch as the plaintiff had given
notice, previous to the day appointed foe deciding the race,
that he would withdraw from the affair ; sad t3st in bet
be would not abide the event of the wager. Opts tits Mime
point, as to the necessity for specially pleading nadir die
tams of the act of parliament, as contends& for by the plain-
tiff, the court held that the argument ought to prevail, and
that the plaintiff was entitled to the judgment of the court
upon this latter point, also. Oa these grouods the rule for •
nonauit must be discharged.—Rule discharged.

put his band into his podmt, sad in withdrawing. it the
note fell upon the ground h porter was sees to pick up
a •Meee of paper, and had ne•eines bees met with. The note
subsequently found its way late UM rallied= a the de-
fendant. In a cam of felony (Mr. Lama esameried) Wee-
diately after conviotica, the court wadi hue adored the
, nein te be given up la the party wtveilest net pasha.
bees able to Ind the party who Ike IMO S.
his ems re, the rem* Wow whist
the dedmisat. le whim plermitagilte sole bed hem MSesS,
sad de. eiateeded, wee Mallets the ithistillte it e-
lms he maid show Mid it seas iota ldepreemism is a
si.meessr.—The learned lAge mid that he
pielstlif could sehthUsh a awe egekette
he west not only show that be suer parted with
the ass% but also that it came into the deherd.sot's hands
inagregnig. In the alas el " Kin v. Wiles ' (2 Camp-
'be a 114, Lard Ineeilegemeet. theft Intl it down
that the *Ude% title Se Ma sets wee wet mode out, unless
he showed that the delhadmet got mmeemism et it in en im-
proper manner or in bad laith.-11tr. Lewis trusted the
learned judge would aim him to state his ewe. ustut=
it by the evidence et sandmen front dlibeent
houses, who were sautions S. get away. nun mere tal—;—.Tttes
which it had been held that it wu not fee the
plaintiff to prom list it mote into &Madam's hrnis hip►
periy, but he had them not with him.—The bused hide. I
said the point of law would decide the we. The mow
alluded to were of " Snow and Sadler," and had retwenee
to the amount of precaution a man should use in taking a
note. It was • man taking a note in discharge of a bat
on a racecourse from • stranger, and the court held that
in that case the party taking the note was not
bound to use the same discretion es a treadmills.
Again, in the case of " Rastlake v. Crockhrd "
(10 Bingham) the plaintiff went to • public meeting, and was
there robbed of notes to • large amount. Payment of the
notes was stooped, but in two cementer one of the note. for
2001. wu traced to the defendant in that case, who was nn-
able to account for its possession, except that he received it
in discharge of a debt due on a race from a stranger. The
court held that the plaintiff was entitled to mover, although
it was meet imprudent for him to go to a meeting with such
• large nun of money ; but that his imprudence offered no
excuse for the negligence of the defendant in taking a note of
that amount from a stranger. He, the learned judge, called
Mr. Lewis's attention to those cases, but certainly would not
act contrary to the rule laid down by Lord Ellenborongh,
that the defendant had no right to be called upon to 'how
how the note came into his possession —Mr. Lewis called
witnesses to trace the note to the poeseseir of the defen-
dant, bat their testimony failed in so doing.—Mr. Lewis
prayed for an adjournment, as Mr. Flowers, the collector for
Mesas. Stager, who would up the hiatus, was unable to
attend front illness. He would however ask the defendant a
question • in answer to which Mr. Mitahelson said the name
of Mitchason, which appeared on the note, was not in his
handwriting.—The leaned judge allowed the cue te be ad-
journed until the Bth of January, on payment of the defen-
dant's emu.

COURT OP BICHIQURR.
90t is game.
MOON O. DVILDEN.—ACTION ON WAOII.—ILLEOILITT
OP CONSTRUCTION OA E & 9 Vzcv. C. 109.—This was
a demurrer to a declaration in an action on a wager on a
horse race, and the question argued was whether the 18th
aection:of the statute 8 & 9 Viet., c. 109, applied to the
partieular action or not. It appeared that the action was
pending at the time the act came into operation, and the ar.
gument for the defendant was that the statute governed the
case, under the 18th section, which enacted that all con.
tracts and agreemen.s, whether by pawl or in writing,
by way of gaming or wagering, shall be null and void, and
that no sett shall be brought or maintained in any court
of law or equity. for recovering any sum of money, or
valuable thing, alleged to be won upon any wager, or which
shall have been decanted in the hands of any person to
abide the event on which any wager shall have been made."
—Mr. Lush, for the demurrer, contended that this section
applied to actions which had been brought before the passing
of the act, as well as to any which might be brought after-
weedy, otherwise the word maintained" would be without
any sense.—Mr. Bramwell, on the other hand, argued that
the words " brought" and " maintained" referred equally to
those actions which should be brought, and that the section
could not have been meant to have a retrospective operation,
or the legislature would have taken care so to expreee them-
selves. The wager being won before the passing of the act,
the plaintiff was melded to the stake but for WA act, and
the court would, therefore. take care that the words clearly
deprived him of his property.—Mr. Baron Parke said, that
as the case was of some nicety and importance, the court
would take time to consider its judgment.—Judgment de-
ferred accordingly.
VINABLES 17. TES EAST INDIA COMPANT.—BIRCUTOR. ,
—IIRXI:NERATION.—This was an action in which the
plaintiff sought to recover from the defendants the sum of
2,0001. India Stock, as the administrator, with the will
annexed, of one J. Lewis, deceased ; to which the defend.
ants pleaded, that the said J. Lewis died leaving
a will with two executors, ow of whom
out probate, while the other renounced, and that
the gating executor having died, leaving the other him sur-
viving, the letters of administration bad been granted to the
plaintiff. To this the plaintiff demurred, and the question
ringed for the consideration of the court was whether each
letters of administration were valid or invalid by reason of
the surviving executor not having again formally renounced
the trusts of the will on the death of the acting executor.—
Mr. Butt, for the plaintiff, now argued that the letters were
good. They were in accordance with the long established
practice in the ecclesiastical courts ; for when ones an exe•
tutor had formally renounced the will, him connexion with it
ceased. This view was taken in the case of " Harrison e.
Harrison" (Robertson's Ecclesiastical Reports, 907) where
it had been expressly held that such letters were good. In-
deed, in :hie very case, the Bank had paid over the sum of
4,0001, to the plaintiff on the same title which the defendants
now called in question.
At this stage of the learned counsel's argument the court
abruptly adjourned, one of the learned barons being obliged
to give his attendance at chambers, and it being desirable to
bare a full court for the decision of the points.

Nres Pupa—Ware Six P. Pollock, ca, and a Speelal Jury.
STEVENS V. KEATINGE.—ALLEOND INFRINGEMENT Or
PATENTS FOR IMPROVEMENTS IN THE MAIMPACMIII OF
CIXINT.—This cause was part-heard last week, and re-
sumed yesterday at the sitting of the court. It was an anion
brought, by order of the Lord Chancellor, to try whether the
defendant had infringed two patents obtained by the plain-
tiff for improvements, invented by him, in the manufacture
of cement. The specification described the improvement as
a mixture of alkalis and acids. The alleged infringement
was—that borax, or boracie acid, and soda were used by the
defendant. After a long db.:tuition the jury were dis-
charged, by consent, from finding upon any of the imues as
to the second potent; and as to the first a verdict was entered
for the plaintiff on some of the Mines, and for the defendant
upon others. The Lord Chief Baron having expressed an
opinion that the specification was too large, it was arranged
that the plaintiff should be at liberty to have the whole case
brought under the consideration of the fall court,either upon
a bill of exceptions to his lordship's charge, or by motion for
a new trial.
This wee the only defended cause in the lists. The sittings
at Westminster wi❑ be terminated to-day, and tomorrow
(Friday) they will be commons:44M Guildhall.

WHITRCHAPEL COUNTY COURT.
Before Bedard Manning.
COMMITTAL FOR DISRESPECT OF COUR:T.—In this ellee
A. Raphael euramoned his brother, H. Raphael, for Al. 95.,
which he alleged was due to him for board and lodging.—ln
answer to the summons, the defendant dourly showed that
the claim was not a ►on& fide one. His business was that of I
a commercial traveller, and he bad at RIM taken refresh-
ment at his brother's house, but decidedly had never anti-
cipated the present charge. He did not consider that he
owed his brother one farthing.—The complainant here re-
quested the learned judge to postpone the eau for an hour,
u he could then produce his daughter-ia-law, who would
clearly establish his claim.—The complainant's daughter-in-
law afterwards came forward, but she was not allowed com-
munication with the complainant, and her evidence proved
the defendant's ease, and the summons was dismissed.—As
A. Raphael was laving the court he swore loudly and vio-
lently at his daughter-in-law because she told the truth, and
proceeded to personal violence, when Mr. Gregory, one of
the bailiffs of the court, brought him before the judge, and
after a givers lecture he was sentenced to Ave days' impri-
sonment is the House of Correction.

COURT OF BANKRUPTCY.
Ate@ RD.Carawelogem Krim
ID RE EDWARD Tissue.—Tlll DIAMOND TRADE.—
TIDe bankrupt, irks carried an Mims an a diamond mar-
cheat, in FM*4o6'l, fkiteopeiled. lan his certificate.—The
ttivseemed in 11 I.se, 3,1001., and credits's
to met which there were geod
1136. est the property wee stated at
Omaha, ter Iha Moms, stated that the Mk-
rept ma heady a meal mipaver, and in February 1046
=him late infieraines, 'signed to Kelm. Mon sod
NM teems& a Milemst of hie effete', by whisk it
Mt Ks Iheilides mounted to 8,1124, end watt
, an
whit Ms ass weed to give him haft"
amtbe eamented she Ws IWO, peramt de the
debts in dm twel red *Nem maillis; dam at the
mentors requiring sescuity the tumour& *Was{ a
bill of 1,1001. from Misr Wore, and alma to lime it is
the kaads of Mr. Man as *tam, whisk banes., was not
done, but paid into the hank to the aseemaed Miley. He
subsequently got it from the beak apes thodepoit of bills
of his brother-in-law, to wham he ptee mishie_gedde
security, including bills in the .at of Ululs
Fehroary be got into difikaides, =Bed a made. of his ere-
diton, and it was then Mimi that the otateaseat he made
is 1848 was false, and OM instead of having a surplus in
his Some he was imeleast to the shed of 7,0001.
Thit*meomi *mad kat to ampiela that the laminar* had
=iiimiamdr=egbis soldheseant.ft.sial,
more that
hale garameadirm hat 1717jasted mem
heasthgeheispiseut. He (Hr. Oahe) amild want pressed
*ha inedeisat (es alis) matardisa of debts; The
em hot et Mr. Mehra Is Ostaber, 1846 (the
pareimed diamonds to the esteat of 2601. of Kr.
mid Nall tefe• the assent, but shortly be-
im nisk ink be mil MONK elOt pay, as he had
atet odd the gush vat pealamd hem. Subsequently he
ptlfd Mfr. ilemosil 160 E mil Ming ailed upon by the es-
te mem* he dims dimends add that he had sold
them . Thep Mg to be wash 61. 12s. a carat,
bat wpm aid he Ms., cads thoreers, it was al-
lewd abet them amid not be the seam Moms. The
DIRS . MAD argwe the brisheupt was regashig Mr.
Pelee of ari&mensdm praeller; an wham the bank-
reupt
bbcancel in August 1114 obi Nisi Na in inspect some
(Tibbey's) stadu Thema& eftbeesamanicatica was
the .1. of some geode by Pries is the basimapt, who stated
hie Ink to be yeah about 8,0001., wham* to pay cash,
whisk was me has. On the Ilk oDeeesber,lB4B, Tibbey
win allot an Prise and °Mahal gosh stetiag that they
washes Freasimzsbnete le these days Ace time
Set
imidicilbreesisittlw sole, itybeing state seethe rilthe owner bask t
was
ia Prise had received Rourkag. The last
intoW the Marapt was that he had contracted a
with* Xr. Jhelum he SOS pearls, valued at rt. 35.,
:mhos he wa• in • steamer hostwaly.--11r. Price stated that
midi leg** to the Mee tithe teekrept's stock, it need not
Übe*, to be meth SAN. bums a web might put
KOWA with Is lid weiabaat pecket. Tangy showed him
the sleek, mad •pda that asset ma given to the extent of 901.
He (Prim) wadi net hew dem the bankrupt credit had
he Mown of his prodels-hanaltlee, or that he had been
= in ecommededies Hemmell said that the
of he Wide had erne to the assignees, and the good
in the baniseapPe brother4a-law, u security.—Mr. Law
less', an lesh•N of the bankrupt, drew his Honour's WSW
dm as the wry fide maser in which the bsakrapeleed
aneaseed the qamilene pat to him, and the great misortmess
with whisk be bed prepared all the accounts rilltdrell by
tM staigpsom The aiedison were well mow that they
wets Mahea iciest men ; they &Mal/ hewed him
to as ea la beisse, ail therefore came Mimes tie court
Id& mg bed gam The had* had *ea very deposed,
sad 'hi. Tibbey vas la halter of Wagabr RD Vela=
KID Own, sad be easily did 011111iligt hat hie Mask was
vallable. It tom amen to be aniablhied against the
lemitrapt that M bed easimaled - hat that allege,
don was entirely meted by ees. There was no
proof of any brat eat -macklering that he had been in the
bands of his ontailare kr a lengthened period, he hoped the
court would great Lthe sertffleate forthwith.—Judgment
deferred.

•
SOUTHWARK COUNTY COURT.
Beene C. Neste, Esq., Judge.
ANN BARN o. HINO.—EICIIBIVI DIGTIIBII.-11th wr
an action of tort, brought by the plaintiff to recover damages
to the extent of 201., for an excessive levy upon goods be-
longing to the plaintiff by the defendant —Mr. Crouch, who
appeared for the plaintiff, said that in the month of May,
1844, the plaintiff went to reside with a person of the name
of Fuller, at No. 21, Royal-street, Lambeth, taking with her
goods and property to the value of 1001., and continued to
live with hint until his death in January leak That event
took such an effect upon the gliggliff that she shortly after
became a lunatic, and woo eswilasd 1n an. my**, the whole
of her property being left en the premises. The defendant
King, the landlord, had gives Fuller nodes to quit, which
expired on Lady-day led. The brother of Fuller, the de-
caned, haring taken preordest of the praise and the
plaintiff's goods, a demand wee made by a Xr. lints.., on
behalf of the plektirs beether.la-law and Ms wile he the
restoration of the rot* ka her use, which was *OM*,
and at the explredlas of the *limey the dedadant
distrained upon the whole of the goods kr 81. for
one quarter's rat, and they were said by auction
for 171. ls., althoegt of the sake of upwards of 601. At the
time of the sale mike was ghee to the sastleneer not to sell
mon than would wear the nisei* of red of 81.: notwith-
standing that nodes the rte piseedest, and the whole of the
same said. fiessadas after the isle the plaintiff was
him the mem, when the was for the first time
et the ale of her geed& and on application to
Mn... Barton ohs reselved 171 10a., the balance of the
aseauatefeals dim deshrdeir WU. lbr rent and the coda
dins,, as she the roves( a Oise* ofooli apparel
and Maw milieu Is mops* of templed:W *
s resp-
ect does es ft* the aose the cited the
Kush et lisrleeldge, d Nary XI., cep. 4, mad the various
easesthat have alien tINISINI.—Tbs learn* judge add that
the phis*, tram dearly sodded to mem Imps he the
exams el the Minn and ode, hat (sly on await patina of
lieges& cold after payment of the IL sad the expellee of
heesinse. As the cowls* of the, defends* and the
aoshasser was wholly unjoftfliable, he should give judg-
ment for the plaintiff for 121. damages, and full costa.

INSOLVENT DEBTORS' COURT.
Before Kr. Coreraiwkwer Law.
IR is WRITTAIBIL—ALLBGED IIaEOIILAR PRACTICE
ET AN Arroannv.—ln this awe Mr. Nichols applied for a
rale nig, calling on Mr. Rawlinson, an attorney, to show
came why his name should not be removed from the files of
the court , for irregular practice. The learned counsel read
affidavits, which proved that Rawlinson had, in violation of
the 4th rule, employed a person named Cooper u clerk, at
the time be (Cooper) was an insolvent, and under a remand
for twelve months.—Rule granted.

COMMISSION OF LUNACY.
Yesterday the Inquiry into the state of mind of .I. W.
Wyllie, Beq., late surgeon in the Bast India Company's w-
ales, now of Dr. Phdp's whim. Ileringtme. adjourned
feces Thursday last, was reessat a the Omer Timmy Wel-
ham.green, before Mr. COneadielW Harlow. The d-
ings of the taw day appeared In ear paper of Prldsy last,
when hint the eddies, of Mr. Imes, who wearied as
email he the atausalisie, Jaime sat by email wiessesee,
it egpsereil tatlir. Wyßke, wheatmeal ham Lille In
18141,wairre be leaksaresed a foram of MAW, 11
_addition
to ea home from the company, beams ia 1818 Waned with
&hams that the elinetors were intraday tehaa sod am.
Midemi. epee to wade Ma In 1841, anise dranarly
he affronted several
wall.genetai Hi
frathoi peneme, for width he aid to
IA , UM, bs sea menial to iliumbelk Zane,
why had been a suet, to whoa be I,OOW. a fry days
before. They went la aside in Fut-
hamaad, whore WM WOW Ansa sh ledimasy one
Freak Berry, a laden= OS the thee, with whom as seed
to go out almost way might, and seam lame intadeated,
Mem remebely ma aisseing en • =kin tbedrawbaredaysons.
—At the reemaptiea et tbeinabry yesisraq;
tie mother of Berry, pre *Mew of Ow tendency,
alleging that ehe had MSS the misepadoct of her am. laving
gene to live at the house as a sernat, in order to draw her
NOR from so disgraceful a eteramtka. She stated that her
eon and Mrs. Wyllie went together to Cremome-gardens
every evening while they winters. On arthe-examination
she admitted having seal me inikeecer for a charitable in-
stitution, when the wee INI 'utrirsty, though unjustly sus-
pected of fraud in mat eignella SI SP AIMS her to be tried
at the Old %day, and MNISSOSSIIIO Ogee anetlis, at Bridswell.
—Dr. Philp, proprietor ef Ismagisabonee • Dr. Suther-
land, Jon. lad other medial alimeass, airiarred in °pi-
a/alba Mr. Wyllie was saw of romenad abed, and judg-
lag ikam die credal's* es is the Maim of 1836-1841,
hie miedired bona imphod during the pester part of the
period dace the last armed year.
Mr. Wyllie was then intredased. Oa Interim be walked
majestically, bowing reigswally the the wart, bat, as ea the
formes occasion, *NA to be retest Me refused to
answer anieriles prenewinen by the commissioner or
the We,.. *2 @MU bowing courteously
as died ' one 'for the commission.
—Mr. Inds nst Alm that, if the jury found a
verdicts( isiseeteS WM anterior to the numbs, it would
prove of Nam seasegasses to one that wet at ;sea Joao-
oent—the 'Mat Mid a Mrs. Wyllie. The learnel eiguseel,
in imphaing, the apparent. eccentricities if Mr. Wylie,
attributed them ant to inanity, bat the Ifikaince of Indian
Ems Mielble hike. The alders% le aatesided, did not
show Oa Ye. Wynie was net paean, one at the ma-
!lege, end hr moral media elteetrard•-Thejery, after a
short canseltatioa,retaraed a retard &dal tite mean&
UM of mind from Feb. 1, 1846.

MIDDLESEX SESSIONS.
Before Mr. Berjeam Adams and a Mocha magiatzstes.
ArrourEY's DOlNo6.—Savanna Danis was indicted for
stealing a watch and guard chain, the property of Joseph
Mauls, from his person.—The prisoner stated that she had
engaged an attorney of the name of Gordon to defend her,
and had paid him fees to engage the services of counsel, bnt
she could see nothing of Gordon, and it appeared that none
of the counsel in court held any brief in the cue. The
conned's list was examined, but the case was not marked as
defended by counsel, and Mr. Payne told the prisoner thIR
it was very apparent that As had been "done" by Mr.
Gordon. The trial proceeded, and was concluded without
any one appearing in court on behalf of the prisoner. The
evidence in the cue was short, but direct and conclusive. It
was proved that As accosted the prosecutor in Oxford-street,
when she cut his watch-guard with a pair of scissors, and
made off with it.—The jury found the prisoner Guilty, and
the court sentenced her to nine months hard labour.

Before Ilr. Ocenastraloster Phfflipet
IN RI B. BLI/111.—RICILIAS CAasou BY AN ATTOIL
NIT'S CLIIIIIL—This insolvent, an attorney's clerk, was op-
posed by a creditor on the ground of his haying pursued a
reckless and extravagant career. He had been summoned
by the opposing creditor to tke Shoreditch County Court,
and immediately on judgment being given against him, be
petitioned this court. It appeared that he bad been a rail- --
way speculator, and had kept dogearts, besides indulging
in a course of conduct by no means prudent for a young
clerk. An offer of 201. a year was ',Aide to the creditors, POLICE.—YEaTERDAT.
but was refused by the opposing party. The commissioner . . N-HOUSE.—AIIVXItTIetatO PRAVDA—J. PRA
reprimanded the insolvent for his unfair dealings, and ad- Bret, alias Zaler, was finally examined, charged
""
jonmed the case for three months without protection. • imennsitted through the medium of advertise-
masklet . list examination the prisoner wee charged
WESTMINSTER COUNTY COUNTY COURT. , with hay* obtained money upon
Bake* D. C. Hoyle's, req., Judge. ~... the complainant with a situation
POKERS O. DIITCHILION.—ACTION TO RECOVIR LOST is 7,.'t ---' CO., of Beer-lane, all the members
PROYIIITT watch WAD PASIND INTO TNN HANDS or Aof v • be , es t himself—A great
TN= PArrT.—This was an action of tourer to recover of , ''''''` bitten ......., been received by the
the defendant, a licensed victualler, in Bescetcest, Leine
" in *r..
L, PUbßeßtiOn of the W
SDX note lost by plaintiff.—Mr. Lewis said Wie „.„,.. ,
' • • • lag of similar rob-
e..., v.
wu attending a sale by auction, sad bad In his • - we dna. In some of
. ee.
ala loW. Dltring tb• eels be had eeenica le 1111 ' ' plundered had made
• 1.4. sr` •-• .3:3 1 tl..
SOW Ai-N..0;1A cr•i• •,...;.. an?
.1.1-, ,'t ,I'• et ~.... - . • wit. , 011.1.,11! 4.
~....
r• .414 ~w—vid —vide -.1^..i 1.3: amt r,•r,•sesc,s 104 4‘....- I Rpt :.: r9,0J6 • • •.•
••• OS abed MR i LIIMSAi i tt:133.4•11, 0 .300‘.; .:7 :I'. .i."11..f4C,

_ 40•4 .