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

SIR JOHN SHELLEY'S ANNUAL SALE OF
YEARLINGS.

A chestnut 811 y, by Collingwoood, out of Lucy Banks 130
♦ chestnut cook, by Collinsternad—Buttress
♦ bay colt by Collinawnod—Tsrella
A chestnut colt, by CuUingwood—out of Sister to Pit-
logo
A chestnut filly, by Collindwood—Estelk
♦ chestnut colt, by Collingwood, out of Lady Riddles-
worth
♦ bay toll, by Cullingwood—Brightosia 3O

LAN OnEER'd "INTRUDING PUPPIES." —On Sa-
turday, Messrs. Christie and Manson, mild a small, but
choice collection of pictures, the proceeds being consider
ably over 3,0001. Among these, "The lntrudiag Puppies,"
Dt Bir Edwia Landover, engraved by Thomas Landseer,
from Lord de Tabley's colketion, sold for 6.561." Lucretia,
standing in a white drew, and golden mantle, her head-
drew ornamented with pearls, holding a dep.,' in her right
band, and rope in her left," dated 1666, from the eollect.on
of Priam Radziwill, of Warsaw, by Rembrandt, realised
4001 "A Partrait of Lady Clarke, her face in profile,
is dre's of pale lilac, and a veil over her hair", by Sir J.
Reynolds 141/. ; " A Portrait of Rembrandt in a crimson
dress, with a culler of fur and velvet cap." from the collec-
tion of Prince Radaiwill, of Warsaw, 2311.; "The Pisces
of St. Mark, looking toward the Church, with figures," ►y
Canaletti, 2401.
THE LAW or BANISRUPTCT.—A bill and expla-
natory observations have just been printed by order of the
Howe of Lords to amend the law of bankruptcy and in-
solvency in Scotland. Lord Brougham is the author of the
measure.
APPOINTMENTS.—The Queen has appointed Dr.
James U'gbie to be Physician in Ordinary to her Majesty
in Sostland. Mr. J. 0 Payne is appointed resident Sur-
geon of the Millbank Penitentiary, in the room of Mr.
James G. Randle, appointed medical officer of the New
Female Coevict Prison at Briaton.—Obserse►.
DEATH OP Loam Dscae.—The death of General
Lord Dare took place on the 2nd inst. His lordship, who
was the tweetyfint peer, and succeeded his brother about
three years since, was born in 1777, entered the army at a
very early ay, married in 1806 a daughter of the lion. and
Rev. Dian Crosbie. and by her I issue, the eldest of
whom, the Hon. Thomas Brand, late M.P. for Hertford-
shire, succeeds to the title. Lord Deere was a very dis-
tinguished 0111,1er. He served in Flanders in 1793, 1794,
1796, and at Copenhagen iu 1807. He was is the Penin-
sula with the Ist hattolinn of the Coldstream Guards from
1808 to 1812, with a slight intermission ; he commanded
the reginssist at the battle of Salamanca, for which he n-
ative& Ilso gold medal. He also had the silver medal for
W =view at Talavera? Busaco, and Solarium. By his
lordship's death the Colonelev of the 314 Rigumt
allased at the dimpesal of Lord Harillegra

Law ntelligenct.
•
EQUITY couns.—SATUIDAT.
51/01./L VOW( Cartel. 1.17. SIB W. P.a. WWI,.
STuter r. VANTIVVTIII'ItsEN.
Ilia lies. *1 gale juiL in. lit in this ease, which was au
pled during the last term, and the (ac's of which were
shortly as follow,:
Mr. Vaubsytheyeen bad during his life purchased an es-
tate at Chiselhisrst, which was conveyed under his dirt c-
Bon by the vendor to trustees upon certain trusts for the
benefit of his wife and family, and by the saute deed cer-
tain furniture tied perional estate ass assigned so the
trustees upon similar trusts. The trustees were not at the
ileac aware that the personal property was so assigned, end
no change of posseseion took place. After this voluntary
settlement the Bettor became heavily indebted to the plain-
tiffs by spoliation et their estate by selling out stock belong-
ing to them, and which was standing in his name. The
Stones hearing of thi-, and Vanhuythuysen being in a
dying state at the time, they obtained a testitvition of a por-
tion of the stock, an 1 took, as the last security they could
get fur the residue of their claim, an indenture, by which
Vanhuythuysen in effect assigned all his real and personal
estate so Shepherd, to secure this debt to the Stones. And
the question now raised was, whether the real and personal
estate was now in Shepherd as trustee under this deed, or
was subject to the rights of the creditors under the statute
of 27th of Elisabeth.
His Honour, after stating these facts, said two objections
were raised to the claim of the Stones. First, it was said
there was no convejance to the .Stones at all, because, in
tact, there was nuthiug in Vanhuythuysen at the time he
pretended to convey, for the previous conveyance, called
the voluntary settlement, was not a settlement by him at
all, but a conveyance by the vendor to trustees. That I
objection, however, could not he maintained. That con-
veyance was one by the direction of Vanhuythuysen, and
re. ited that he had contracted to purchase the estate, and
from that moment, therefore, he was the owner in equity,
and could direct the conveyance to be made in any way he
pleased. The next objection was that the voluntary con-
veyance was good as against him, and therefore he had
nothing to convey. There was, however, an equal fallacy
in this argument. He therefore considered that Vanbuy•
thuysen had full power to convey, and that by the con-
: veyance to the S'oses the freehold, copyhold, and leasehold
estate passed. But, with respect to the furniture, a dif-
ferent question arose. The voluntary settlement was clearly
not void under the statute of Elisabeth as to that, and,
therefore, that never passed to the Stones. At first be
thought that if the voluntary settlement was of such a
nature that, independently of the statute, it might be held
covenous at common law (and he had a strong impression
that such was the case) it might be doubtful whether the
Stones might not have some remedy, but he considered
upon the whole that they had no remedy except such as all
the other creditors had. The judgment would, therefore,
be that the Stones took the freehold property under the
assignment to them, but not the personal property. •

COURT OF EXCHEQUER.-SATURDAT.
ammo. a Baia—Bstrona TUE Lure Coll/ SAWN, X. BALM.
ALIMBION, NIL 8410,. PLATT, /1,1.1 UM. BASUN 11/11,71/L

METNELL v. BONE.—A BETTING DEBT.
This was an action upon a promissory note for 23/., and
the defendant pleaded that the note hail been given for an
illegal purpose—namely, as security for the payment of a
bet. Upon the trial, tee onus being on the defendant, he
was put into the box ; and in the course of the examination
it was proposed to ask him the circumstances under which
he had given the note, when it was objected, on the part
of the plaintiff, that the defendant could not be allowed to
speak of the note without its production ; and as no notice
had been served on the plaintiff to produce, the
instrument was not forthcoming. Therefore, no proof
could be offered that the note, said to have been given
by the defendant, was the note which was the subject of the
action. Moreover, it might be that the defendant had given
more than one note. Upon this the defendant was asked,
by permission or the court, whether he had given more than
one note to the plaintiff, to which question he answered in
the negative. The learned judge, in leaving the cue to
the jury, told them to say whether they were satisfied at to
the identity of the note, and whether the note which bad
been given by the defendant was the identical note which
was;declared on. If they were satisfied that it wee the
same note, then he was bound to tell them that, as the con.
sideratien given for it was illegal, the plaintiff could not
recover.

The jury, upon this, gave a verdict for the defendant.
and the learned judge reserved leave to the plaintiff to move
to enter the verdict in his f
The court having heard Mr. Deighton in support of a rule
which had been ob ained on the pert of the plaintiff, said it
must be m►de absolute upon the understanding that the
matter might be again referred to in the event of any
gentleman ap caring to show cause.
Rule absolute accordingly, on those terms.
BVSINESS OF THI COUIT.

The Lord Chrei&;M: iOtim;terfiltatthe court would
not sit in banco after the present tam; but a day would be
appointed on which judgments would be delivered. It way
further stated, that the remaining cases in the new trial
paper would stand for blonday, and the County Court ap-
peals would be placed in the special paper.
The court rose at 12 o'clock, the parties in the remaining
cease on the new trial paper not being ready.

EXCHEQUER CHA
&wain vrom Catown _ CAW

11A111.11D JVDUU

•111/111MT CANPIIIII.I. MI. EASON PAMIR, MIL all/202.
MAIITIN. llf. JUITICIC LACLI4 LRD Wt. JUST= TALFOLIID.

REGINA r. LIOLNES.—AN OMNIBUS ♦ PUBLIC PLACE.
Mr. Palmitin' appeared on behalf of the prisoner, and
Mr. Parry represented the Crown.
The prisoner had been indicted for exposing his person in
an omnibus, in which he was a passenger, and was eonvicteal
of the offence; but a point was reserved by Mr. Serjeant
Adams, befure whom the case was tried, as to whether an
omnibus was a " public place" within the meaning of the
act.

Mr. Ballantlne contended, on the part of the prisoner,
that an omnibus was the private property of individuals;
and, ,therefore, that it could not be held to be a public
place.
Lord Campbell observed that it would be a disgrace to
our laws if it could be said that the conduct of the prisoner
did not constitute an offence. The prisoner, who was a
passenger in an omnibus, had exposed his person to several
females who were in the carriage; and if such conduct
were allowed to pas, with impunity this would not be a
country fit to live in.
Mr. Baron Parke said that, for the purposes of this in•
dictment, it was clear that an omnibus was a "public
place."
Conviction affirmed.

BANKRUPTCY COURT.—SATURDAY.
limas Xs. Commotions& Gammas.
Is RE HOWLINOB.—INSANITT OP A BANKRUPT.

This was the last examination meeting in the cue of W.
Howling'. miller, of Basing, in Hampshire. His debts
sere ab sot 1,2001.; assetsersuenated at 4501. The accounts
had been prepared, but not Bled, Mr. Robinson, the ac-
countant, stating that when the bankrupt should have
signed it he was labouring under great excitement, and the
next day it was necessary to place him under restraint.
The case was one of undoubted insanity, and he had since
been conveyed to a lunatic asylum. It was stated, on be-
half of the bankrupt, that he had fallen into • state of
despondency shortly after the failure. The ease presented
a much more favourable appearance than many that came
before the court ; and there were no grounds for the ex-
treme anxiety which bad led to such a serious result.
The He s•ioner said the only course he could pursue
would is to adjourn the case sine die, and continue the pro-
testant far a =oath, in the hope that the poor man mtght
ba vasliamod is the interval. The allowance was also ordered
tabs ametisaid.

INSOLVENT DEBTORS' COURT.—SATURDAT.
IN az JOSEPIL MORTIMER BRIDOMAN.—THE MILLL\E&T

Bustmus.

This -insolvent, a journeymen cabinet-maker, applied to
be die:barged from prison.
Mr. !teed opposed for the detaining creditor, and another
creditor appeared in person ; Mr. Cooke suppiated.
Nearly ail the debts bad bean incurred on account of a
millinery business carried on by the insolvent's wife at
Kingsland. The busitiss., though considerable, was ami
suable affair. The profits on bonnets to 601. were declared
to be about 61. ! The insolvent's wife, when she got an
order, wee obliged to raise money at a great sarrifice—pay-
ing 31. for the loan of 71. A circumstance occurred in this
ease on the law of evidence. The creditor who opposed in
person wished to know whether any debts were owing to
the insolvent on account of his wife's business.

Mr. Cooke said the wife was in attendance, and if the
court would allow it she could be slammed;
Mr. Commissionez Law thought it was a came in which a

---------

Mn. Bridgman gave evidence, and showed that the pro-
fits on millinery goods supplied to shops were miserably
low. She employed workpeople, and was obliged to feed
them, as they were too poor t't supply thc melees. Crape
was very dear, and the profi a ou an order to 601. to a
house were about 6/. or 71. The poor woman declared that
she was obliged to pledge her wearing apparel when she
bad an order to execute.

Mr. Cooke said it was a miserable business, and at the
east end the prices given were very different to those at the
West end.

Some IiIKUUIOII arose whether accounts should be sew-
derso o(tbe business.

Mr. Commusiontr Liar required some accounts, and
the ease was adjourned to Monday, when the insolent will
be discharged.