The Express.
London, England, 1853-03-01 00:00:00

THE EXPRESS, TUESDAY EVENING, MARCH 1, 1853.

gab) lattlitgence.

PAUITY COURTS.—YarzaDAy.

DivoOs Iva Loam hems or Amu.
BALI V. KTIVON.—PIiACTICI !INDIA SRI CUANCENT
PRAM= AIIINDNIINT Acr, 15 AND 14 Vice. c. 86,
'sc. 42.._

Mr. Eldesion, for the plaintiffs In this uses, said the claim
was filed by the representatives of a mortgagee spinet the
devisees of one moiety of the 'lnanity of redemption of the
mortgaged premises; and against the devisees in trust of
the other moiety who were 'teethe executors of the testator.
The esstnie-qwtrestent of the latter moiety were not made
parties to the claim which came on to be heard before the
late act 16 & 16 Viet., c. 86, came into operatics. The con-
sequence was that the claim was ordered to stand over with
liberty to the plaintiff• to amend by adding the cestuis-que-
trustent of the moiety as parties.: Since that, however,
the act 16 & 16 Viet.,c. 86, had come into operation, by the
9th rule of the and section of which it is enact( d that in
all suits concerning real or personal estate, which is vested
in trustees under a will, settlement, or otherwise, snob trus-
tees shall represcat the persons beneficially interested under
the trust, in the same manner and to the same extent as
the executors or administrators in suits concerning personal
estate represent the persons beneficially interested it( such
personal estate; and in such cases it shall not be necessary
to mako the persons interested under the trust parties to
the suit; but the court may, upon eoesideration of the
matter, on the hearing, if it shall so think fit, order such
persons, or any of them, to be made parties. The claim
haying been again brought on for hearing without the
cestuis-que-trustent being made parties, their presume be-
ing deemed unnecessary after the act had come into opera-
tion.

Vice-Chancellor Stuart requested that the point, whether
the presence of the cestuis-gue-trustent was or not nemmary,
should be aubmitted to their lordships.
Their lordships concurred in the opinion that, as the per-
sons in whom the control over the entire property, whether
real or personal, to which the mortgagee could look for
satisfaction of the mortgage, were parties to the record, the
claim might be heard without the parties beneficially in-
Wrested in such property being made parties.

COURT OF BANKRUPTCY.—YzerzaDAT.
Bum Ma. Cteactunma Ivan.
IN az ROBillT FiItDIXAND Pain.
. .

This was the fart ezamiaation meeting in the of this
bankrupt (described as a merchant, of Crosby-hall-cham-
ben), who was recently convicted, at the Central Criminal
Court, of obtaining advances on forged bills of lading, end
essmosed to transportation for life. The liabilities of the
beeirrept me very sonsiderable, bat have not yet been ac-
amately sesertabsed ; it is thought they will range be-
tween 10,0001. soil 100,0001. All the meets et present is
c=t:of the assignees amount to about 2,0001. As the
has been fa custody ever does the adjudication,
et news me
dared tads, the esesisab had bora Sid, ow had he surren-
bealoupesi
Mr. Cumming (of the Ik .ea el Van Stades and Cum-
ming), who reprammted the emigosse, asked *Mille gemi-
nation of the bankrupt should be adjourned saw die, the
cause of hie sen-attemimee being that he was in custody to
Menses, under seaman of beyond the seas
lor M his mama life. the bankmpt had
not sunsodered, this amuse was to proclaiming
him at son, as the assignee had ammonialiesd the Secre-
tary of State for the Rene Departsmat that be might be
kept mew short time is this soisley Under that he might
Heats tm his mem% whirl' he hod peenised to do.
His MUM dinned an egeoronsoll essemlingly.

Pus PAT

Rana XL

ONDEZ ?NI AZZANIIIIIIOINT CLAIMIBS.
IMPORTANT DZOISION. _

In a ease which oars eiefore titeCotWtnn der the arrange-
ment dances, the question was raised whether, under the
218th section of the act, the estate of the trader so vested in
the °facial assignee as to render it liable to the usual pay-
ment to the Chief Registrar's Fund-s charge which has
recently given rise to ranch diseamion. The words of the
section en:

Ttatfroa sad after the date of the approval and coa-
l/sad= of such resolution or'sgreanent all the estate end
insets of sash petitioning nosier shall vest in the edictal
autpee (ifoo& shall be required by virtue of such resolu-
tion. sad either slaw er jaintly with any person or persons,
slimy be eminent la mob resolution), as fully as if such
a wenaisignee ender any bankruptcy."
tal on
liras (el the Ina et Icornatte, Plows, and Boyer),
emended, on behalf st the arediews, that the trader not
Z:gbaelrewpt, and the reseledeet of the auditors not
that the stele should be reeled la the Akira
.0 and net legally be newt with the
i.guallen. ellisist assignee (Kr. Illemallild)
yrpented ender the 213th notion; bat the ressintica of
tie medium bad net gene to the extant et vesting the go-
perty of the petitioner is the official esiptes, and, as the
ilerk section nedered this a condition presedent, the pee-
ped" nest be held Mill Is vest in the tads&
Hewer, after taking tine be sessidee the paint, said
he was of *non that the tweparty did net vest in the
official assignee inlets the reesiatles of the creditors spe-
cially dinned that it should d• so ; the ante was, there-
Ms, net abargeable with the meal pee-sewlege for the chief
registrar's toad.

INSOLVENT DEBTORS' COURT.—YESTERDAY.
Bantu Ni. Ocamisaiosza Piazzas.
IN WI DONALD W. KING.
Mr. Cemeteries's Phillips granted the flail order.

ASSIZB INTELLIGBNCIL

WESTERN ClRCUlT.—Winarmisz, FEB. 28.
The maims for the Western Cirmit was opened here on
Saturday. Thejudipe. els William Erie, Int., and Sir
Charles Crowds% X.M.. arrived from London at half-past
four o'clock, per Ws , and were met at the station by the
High SUM if the sounty, John Shelley, Esq., in his
handsome seulgege, aseseipanied by die usual pone
of javelin nein; ilte. Tisk lessiskipe dined with the very
rev. the Dam the 82=7 at the Deanery. On Son-
dailleconing the My the mug vpserance of an
If " the Mien monied divine is
st the ea=ithe mayor end esspedisa of the city at-
tending is the usual promote&
The sahebs is rather heavy. Ow bake about 115 pri-
meness eve Idol; anseseens INNS 1110, laminae of
of a trivial
:Inmigh there me may =k eta descrip.
dehere are two charges of orenderm=reitiny cases,
several cases of rape, stabbing and , with many
bungholes, housebreaking% &e., Walter witch one or two
"CMIS.
anis tried to-day were destitute of public hatred.

NORFOLK

onantam, Pas. 28.

The ocausimion was opened today b the Lord Chief
Baron Pohock, and the grand jury was in attendance, an
unusual practice on the fist day of the anises, but ren-
dered memory on account of the large number of prieoners
for trW. The eommission was opened at two o'clock, when
the earl* departed for church, and afterwards proceeded
to the smart, where the grand jury were impenelled, and
the eh delivered, and the court adjourned till next
meeming at an early hour.

OXFORD CIRCUIT.--READiso, Fr.'s. 28.
A commission for the Berkshire maims was opened this
'Samoa& by Sir V. Williams and Sir T. N. Talfourd, who
arrived hare by the lags tram the Paddington ter-
minus of the Great Wanes Slaw.
Additional Warn* wag given to the opening of this com-
sniedos hos the ontramstastat of Sir Thomas Nooa Tel-
burl Wag a native a Beading, and having for several
pmws ispeemsted this borough in parliament. The inks-
basins gessrally—all parties, indeed, political and religious
unanimous in a desire to give
iilrcordial and be-
sionseption to their old townsman in his judicial ea-
!VI;• eengratulatory address was presented to Mr.
Tabard on the occasion, to which he replied in an
otoinutt and impressive manner.

CENTRAL CRIMINAL COURT.

YESTERDAY.

TEI CAS) OP "CAPTAIN" lONINION.

Henry Goodhali Johnson slim " Copeois " Johnson, wu
called upon his ritoognisanoes to surrender sad take his
trial upon a charge of misdemeanour.
It will he remembered that the defendant was chargpd
with obtaining railway stock and money to • considerable
amount from a widow lady named Stewart. The trial was
adjourned from the January session.
The defendant did not surrender, and his recognisance,
were 'attested and a warrant issued for his apprehension.

THE POLICE COURTS.
MANSION-ROUSE.
Edwin Howl Powell, late clerk at the Fenehurch-street
station of the Blaekwall Railway Companyi was charged
with hating feloniously harboured Joseph Farrell, a clerk
in the Bank of England, against whom a " warrant" has
been issued for forgery to the amount of 3,0001. upon that
"' "

Daniel Forrester said—This morning the prisoner deli-
vered himself up to me as being the person named " Edwin
Henry Powell' mentioned in an advertisement in the
Times and other newsmen announcing, that a forgery
had been committed by " Joseph Farrell,' and produced
the advertisement. In consequence of his statement I took
him into custody.
The Lord Mayor—ls there any other evidence against
him ?
Forrester—Not at present.
The Lord Mayor—Do you believe that it is necessary to
detain him until other evidence shall be brought against
him ?
Forrester—l do.
The Lord Mayor—Prisoner, have you any objection to be
remanded ?
The Prisoner—No, my lord. I shall give all the informa-
tion in my power to Mr. Forrester, and I have no doubt he
can carry it out.
The prisoner was then remanded until the authorities at
the Bank shall be prepared to produce witnesses as to the
commission of the offence.
Joseph Farrell is not in custody.
THAMES.
Louisa Kramer, a native of Germany, appeared to answer
a summons issued against her husband, the keeper of a
boarding-house for foreigners, called the " Hotel Zur &aft
Coblents," No 18, Burr-street, St. Katherine-dock, for

italawfully detaining 43 five-frank pieces and 1 shirt, the
money and property of Jacob Kurtscher, a native of the
Tyrol.
The complainant on arriving in England last December,
went to defendant's house in the ordinary way, and for
safety lodged in his hands the coins now claimed, taking a
written acknowledgment for them. On cla;miug the balance
due after payment of his lodging bill, he was told that there
was no money for him
II Mr. Yardley asked the woman what she and her husband
meant by withholding the money ?
Mrs. Kramer made • long statement, the end of which
was that they had used the money and would pay it " in
some time."

Mr. Yardley said this was a most impudent proceeding—
an act of dishonesty. The defendant owerl:the complainant
forty-five 5 franc pieces, and 84. the value of a linen shirt
and he made an order for payment of 81. 12a. and costot
Mrs. Kramer—l have used the money. I will pay min
self in many days from this time.
Mr. Yardley—l will not enter Into any compromise
whatever. If your husband does not pay the money imme-
diately, he will be sent to prison for a very long time. Let
the order be made out and served upon him at once.
Mrs. Kramer—He ern stop and live in mine house.
Mr. Yardley—l am determined he shall have the money,
and I will how no more from you.