The Express.
London, England, 1848-11-06 00:00:00

THE EXPRESS, MONDAY EVENING, NOVEMBER 6, 1848.

Paodoo to the &warm. It appiered that Ibis woo slt of
wnor gad suppiament, sod iM dollarbiat M die
bill had tekea limo to amotato that Me. 110 Mod=
bawls; a prommt ropeoneatoivoon tibishikro fob Übe
India;
fa of remiss all to,
zaht Zest
tim dio dokodoot woo poo=dfica pettog damarfor
to the WI TM ilmorror owe stowable lo overrated.

three renChimmear adds atom ._
is PYIIII.—CMIODY Or INWITS.--It pair in remem
lend that, st the led &Mg ef the cart Mein w~ -
dos, Ittv. Alastriatlt. the aradesseher of the shirrs,
Wind le eirmeast hr the' faareeseet• of the aldose
dating her We, sad that, after taking time to marks
terrace this was • reddest rumbles to enable the mart to
Interim terker the elesemallerts of the ram, the Tier
Chamois oldinstry ordseed dist •
the „meet
eatretekker
and mar Amer be idelleaded. sad thas, with
of lir. Plaa, sad whheer yeeiradies, it was erthred that
tbe infests 'Mali mates awed
with
the misty of MI6.
ran till firths, wites, aid der, with the rearm at Ille.
ryes, amid without pedeMse to talps=ll‘lll by Idea
antler the balms owes aelsw,ll* min iiirosilei Si
stand our till November 3, Mr. Ppm smiserides. if he
should rinds pemessios of the *dim, be Mae
its rhesusmersromee mid acme sad to pemall
with their
duto dolt sad rester molar ail hews
&ill at her reidesee. fir. Fos allerwarde nbtaised item
Mr. Dam Aldred as wrier fee the 4= up
of
to him of
the two male sha,in res, sod bee don
get:l
th. The new VIM ala to he deafly of.l
—Mr. Malias, for the paddies" edd the V hash
ei”iated kis andertaidas to slow the shade's as eldt **
mother, and be sofa oesteadal diet me the tram had eat 1
income of 1007 • pet OM radar the will of her hand's
lather and 401. of her emit thole was saikesat moperty to I
juitity the interference of the east, of which tie Naiad
of the. respondent costissed be draw the secruity ; sad
that at all writs, the prided seed aet,at present, to be
11“ ally disperr or —Mr. Tyra agpseeed in perm, sad cos-
tended that the petitke meld- 111 be dirsimed with eats,'
sod that, es to bh alleged acia.talMmest Ohl malertaking.
be had weer bees saved with the Vim. Chancellor's
enter, while that of lir. Beres Alden= was unconditional.
'the Ties Carrells' mid the protest applicatios wee not
as
hauled spat a breach of the mdershisg, which had bees
pins, sot was it founded apes Mr. lit asat Talkiard's alt.
All that was before the court wee the whisk
lid
bees adjourned to Ale day. The as he pre
etvty, which wee before the may
ddirlisatzi misladoL
TM OM per minim referred as on the *llan
of the eatendets of the will of Mr. yaa's War, seesedieg
tow terms of that ilessmesc His Hamm malls sod to
think kimeelf prevented by the law, re such erase,
from inteekriag la Wear of the en further them he
bad der. Indeed, as for as the mart had ready interhesi,
It bad der as by esseent. His Honour regretted that sash
was bib view of the law, became apes the merits.=
to his *pries of them, he should have certainly
Be wm, ketreetr, Masi to set apes what he otaddeesi to
be tea star of the law, sad must ma illingly Main lb,
prdtba. Ira without ems
JACIWN P. Nolleta Walt/ RAILWAT COIIPAIIT.--
D•lloaltalt.—The defeadaate had advertised for redeye foe
the works oa their line, aeseidlep to • specification primed
by Sir John Rennie, thitorglaser, reseeding to the shawl
meats of the bill, the bed, Feb 5, 1846, mole i
a tender according to the twos of the siverdestillar '
and had, ea Feb. 16, 1616, ~iced hem NE Saha Baste
• letter Weenie, his that the is
_had meeptel the
tender, a sedileadea whisk was esalemid ersowesis by a
rntentent mode as behalf of the dresdeate to the *fetid
on his attending the board. The bill imam stated that the
Wadi bed, he esesequence of the eseeptemee of hie teals,
inwned hap Minim with the segekessese et the blear
are; but that dr deimdmits had esker to empire the
soared es mimed be.. The ha dregs& that the brad'
sate had messy la their Mode f_iirtheinejp! purpose of
paying the wpm= reined by the -sad weft
cremes Oen* mow fir the The dumdum
ermined he want of equity.
_.
_Hems sad Mr. J. H.
Palmer, hi the deariner, mateared that the clear of the
plaistiff (if say) wee a mew keel demand, whim It mold ore
be made the sabaset of • oak he equity ; and that Meib
of the defendants bring Mares wee amt. pleedelalj
talkiest certainty to save the bill from a immemee, es it
Gould not La fact be, being obviously a MINI surial
steument, Windsor ea account of the term want
04 equity Ia the tercesseemen of the as. The
ViesChaseellar, +Sheet shag es Mr. Russell sad Mr.
diffard, who appeared lea the plaintiff, said that, in all pre-
Warty, the priatif word make satrap of his suit, bat
that the charge resperbsg_the defendants being trustees, wee
just enough to save the bill frost the demurrer, which must 1
or. therefore, eemersii, bat whitest crier
Hie Honour intimated that, as the Lad Chancellor bad
determined to dt ia Lister's lea ea Maury, he should de
the tame.

Mews tleejloweether Wigwam.
UOLLOWD V TSID.-0C•IL•II7SI 10 • FIRM DETER-
JIMMIED ST TRS Dahill or • P a. The question in
this ems arse •ppeano ezeeptioas to the Mester's report in a
wit for the admWatratbe of the estate of Mr. Thomas Teed,
deceased. It appeared that is Jun*, 1839, the testator
had guarenteed„ for the period of one you, to the
beating firm of IL sue. Lsdbroks, ILingesote, and
C..., London, the repayment of any bills they
night honour to be drawn upon them by then custom, rs,
Mews. Carruthess and Co., of Muammar, distillers, and
say ether advances they might make for the same firm,
from time to time, to an amount not exceeding B,OOW. In
March, 1840, before the expiration of the guarantee, Mr.
Felix Calvert Wheelie, of the banking firm, died, at
which time • sum of 1261. was due to Carruthers and Co.
apse the balance of their &count with the bank ; but, on the
other heed, the bank were under mesptances to the amount
of 1,9731. open bills drawn upon them by the Mean. Car-
ruthers, and payable bit re the expiration of the
guarantee. Upon the death of Mr. Ladbroke, the
bwinoss of the firm wee continued by the throe
surviving parties, without any &haleness in its style,
and the dealiags of the bank with Mean. Carruthers were
continued is the same manner as previously. In the coons
of then esbeequent dealings awns were paid into the beak by
the Messrs. Carruthers, and payments were made on their
behalf try the bothers. Bills, also draws by the Manchester
firm, were accepted by the beak, of which some would be-
come den before the expiration of the year covered by tit.
parsatm, and others attar that eveaL The firm of Carru-
thers and Co. having bream bankrupt, the banking Arm
took in • claim before the Muter fur the b.lancet of their ac-
count, both is respect of payment made by them
for Carnahan and Co. before the expirati-n of
the year meationed in the guarantee, and
In respect of enceptaame given by them during the same
period, and paid afterwards at maturity. The questions
were—first, whether the guarantee was determined by the
deeth of ens of the me:abets of the firm towboat it was gam,
or whether it motinned after that event ; secondly, whether
same paid by the bank attar the expiration of the guarantee
upon the bilk which had been accepted by them before that
event were advances covered by the guarantee ; and
thirdly (supposiag the gametes to have been deter-
mimed by the death of Mr. Felix Ladbroke), whether the
balsam then dos tether baak was to be considered as
charged by the appropriatios of payments subsequently
he Coauthors. The toaster had re.
ported the usesgoe to have been determined by the death
of Mr. Felix Ledbeoke, sad that it exceeded to acceptances
rade before that event. but not to those made after. —llie
Honour was of enemies that the gnarantee did not extend to
dealings with the serviviag partners after the death of
Mr. Lsdbeuks, end that the amount of liability was to be
determined at the period of mob death, but reserved his
judgment open the question of appropriation of wymeot.
LOAD'S e. CIARILS.—Paaut. ON THE MARITAL
Ilewar.—The bill prayed a trenater to the plaintiff of a sum
of 26W. Meek standing in the eases of the father and bro
thee of his thawed wife.—The BolicitorHeaeral, for the
plaintiff, stated that the food in gaieties bad bees purchased
with the lad 's .mosey, only Ave days betere her
with the plaintiff, that, es this was done without
knowledgeof the plaintiff, the transaction wee a fraud
his medal right.—Mr. Mains, for the eldeM ebtY
of the marriege, reed • passage from the stream
of the hostas, by which a
with
didanatisa
at treat In haw of the lady for her life, with remander to
her dadres, way set up ; and untended that the asedement
was valid, having been made for • meritorious Oise awl
without undue cancealment from the plaintiff. Itrummina.
musever, from the evidence, that some time after the mar-
silage, which was solwaniseu in 1827, the husband bad be-
come aware of the existence of the fund? and had actraissend
in the receipt of the dividends by hie cafe, till her death is
1844. Nee had he in any way challenged the transaction
ill the bill wee filed in 1847. Whstever, therefore,
toted have been the nature of the transaction in its Weep-
ti a, it 'mild not be disputed by the plaintiff after so Wag ea
quisseesee.—Mr. Wood and Mr. Hallett, who sppeared
forth' trashes, had not been heard at the Thiel t t the
court.—Mr. Boyers appeared for the younger children of the
soulfsgs.

COURT 01? QURRNII BRNCIL-13/nUaDAY.
stings la Seam
Blau. v. Chascis.—Mamie litausasca.—This was aa
seism to recover a sea of mossy issued on the ship Susan,
oa • time polity, from 25th Sept., 1843, for twelve swaths,
and was tried at the last sittings at Ouddhall, when • verdict
was Sued for theplaiatiff oa myna issues. with 256 f. Ils.
deleaffoll, and for tie &haunt oa its sewed Mmes.—Mr.
Shoe now moved for • soul eto 'how cause why the
stridd set be at libette to enter judgment; as to
the NMI here, nos Astute vetedicto, or fur a new trial.
It appeared that at the time the policy was effected
Om mewl was employed r • trader iu the Indian
ear, sad early is September, 1843, eke left Me-
diae pie a voyage to the Mauritius, with •
cargo of inercluadise and a great number of coolies. She
met with very bad weather, and, having sustained some
d image, the made the port of Triacomaise, but the officers
of health, finding that • arises ow beard Ind the sash foe,
missed to snow her to eater the batboy. The captain then
determined m Mars to Madras, kis vessel being unfit to
proceed on her voyage. He soseediegly did so, arriviag at
that pert on the 25th September, and, having wishipped his
merchandise and landed the milks, he proceeded towards
Corioga, 100 mike meth of Madras, with the intention of
genie; his vessel repaired ; bat agaia she eseountered •
gale, and was drives, greatly shattered, into Mseulipatam,
when she was marveled and rademned, upon which the
owners claimed as be a total loin. The learnt d irritant said
that the plea found maim* the plaintif on the mooed ban
arieted that, at the eimmesemsast of the risk, sad at the
making of the intonate, as aka on the 25. h September,
1843, the used was sot seaworthy. He, however, contended,
and it was a wades whisk had never been decided, that ia
• ti...-ratei awe was so implied warranty of seaworthi-
ness t-end that therefor* the plaintiff was entitled to have
the mediae estseed for him ea the second issue. The lensed
ormasei tanker cestuded that the millet eras against else
madame, beams& es the pay had found that the mewl was

Wswevesrlby sibs the chit esmaasuced, but that Gould sot
Is SO 1110008 also bad potters's! the voyage to Idaaalluatass.
eist Wiebtsme sad De should have beta as much
mod! eon sweat bad bees tho other way, bet he could
wit sty It as @Owl the evidease.—Rele erased on the
dot OM sigy.
Tin Quest ow as Paces:arms or mu Dozy or
Ilaansworc IP. BARIUM) 0140404.—L004..-144. Saw
Sr aMe te show ease wlky the jrAnsorst Is
rideessesollsa ilmeid est be essedelo be eel Ise
Asor estesed Owls, mod loserike the
llullissososeel Mr mart. It appeared Ise le-
admit seeSsiosi mesas saw, to all of whisk its d...
bat plieded
tot
sal she jade seat of the 000/4 40 seek
am( wee dot be its kapelmeimed eta emsethe is the %Mei
pubes. Deals bobs mehressatly vim es to wisher
theNdipteet led ben sow* sauced, it woe imam* 4414
the ears et the ems had olstakee the meatemse, weepeeleg
the whole meta et hopriemesteat to be Os =oaths Stoma of
mix stestis on es& of the stem scoas—Lerd Domes
Take • nib.

BAIL COURT—fithruntry.
Mrs r itema—fielbee Mr. More Pattema.
Tin Quays v. run JUSTICES or Commit'. —Pbon
REMOVAL ACM REVILOSPICTIVI.—Mr. M. ankh moved toe
a role nisi to quash two orders mad* by the Julien of the
tsar of Owners% which had been beoght up by Cr-
isto this tenth It appeared that the two orders in
orrice wen fa the removal of a pauper, and allowirt the
=le et welt removal. TM grounds of objection to the
were twofold • Filet, that under the Poor Removal
Act, which was peter last swim, it was provided that no
pauper should be rinsond from any place wherein be had
bean located five pan. If the provisions of that act were
retnepeative as well r prospective, these orders were
clearly bed, imams& as the pauper had tabled for fin
Tan is the plate from which he was ordered to I. removed.
The snood objection was that the order, were informal
epee the fro of them, because they merely rated that they
were made by the jostler of Caswell thread of by " the
nacres acting in and for the runty of Cornwall.' It had
bra decided that me an error rendered the orders inveld.
Kr. Justice Pressen, in pastime the rule, Owned that the
seen led determined that the Poor Removal Act had a roe
=re as well in prospective effect.
firth then 111 i at -Nisi Pens and tried the adjourned
i.e 01 Mickley v. Winter," wh'eb was an action for
Meer demean, the plaintiff allegieg that the defendant
had stepped his right of way by erectinr a buildino in the
metre of a arm, wherein the plaintiff held certain re-
mises whir the drisdast had Tossed to him.—The jary
bend a midis. fee the plainuff—damages, ROL

COURT OF COMMON PLRAB.-BATORDIT.
efufap hi Osseo.
WILSON, POILIC Orman or The LITIKrOOL BANNING
CO , It. Tall BT. Juan's SQVITAILI LOAN ROCIRTY.
—4IIIITICII Or • WRIT OW 81111110111 UPON • RROINTRIRD
CORPANT.—Mr. Warren applied, on behalf of plaintiff, for
leave of the court to enter an appearance fur the defendant
in the above action. It appeared the defendant, the
lkoitalgo Loan Society at Liverpool, having recently be-
come bankrupt, owing 5001. to the plaintiff, for which the
writ of samesons in this action was Wad. a difficulty area
with respect to the proper service of the writ. The Equitable
Loan Rieiety was • amtiletely registered creasy under the
7 it 8 Vic, o. 110, and therefore, under the 25. h section, was
made a corporation ; but, to the great public theonvereseet,
no provision was to be found in all that statute as to the ser-
vice upon musk meniatioa et writs or notices. In the present
case the secretary hod left theneminewbere the bessinaske-
way we.; aid in nen endeavouring to serve him—tor It
ws.M err be boil gone abroad—service of the writ was
and. INNS Mr. Molloy, and several of the directors whose
risen wen/ In the return required to be registered by the
MOM el Mena; and in that return Mr Molloy described
himself es geasinat of the directors. Now, the Uniformity
Nooss Ask c 13, provided, as to writs, in the am of a
esegierniso, that samM open the mayor, or "other head
cam," should be millleirtt. The learned counsel contended
that retina was ',pliable hen; but inasmuch at some
hesitation was felt ea weir*/ that senior upon Mr. Molloy
was servise meet the " head " of the society, a wren-
wary stylobate", en opponents ender the statute could be
entered in resent mane at the Mater's office, the peesent
application bad basses masonry. H. cited " Welton et.
The Daimon /ahem Company" (4 Dow. and L., 558),
when a similar application had been entertained by the
Conga of Inebequer.—The court granted a rale nisi to be
served o Molloy sad all the other director,.
DCNCAII W. TOPFAM.—CONGTRUCTION or CONTRACT.—
Ia this use which was tried before Mr. Jerre Croswell
last York raises, the declaration in substance alleged that
plaintiff sold to defenthnt five:tons of limed cake, at tea
guineas per ton, to be delivered within a r. atonable time,
which, though ready to deliver, defendant would not accept.
The pleas wen: first, non assumpeit ; second, a denial that
plaintiff was ready and willing to deliver. It appeared that
on the 19th of Ferry in this year, the plaintiff, • linseed
cake dealer at Hall. 'revived • letter from the defendant,
who is • farmer at Coaingsby, la Lincolnshire, ordering the
linseed cake, but stating that "it rust be sent immediately."
The plaintiff rested a letter in return accepting the offer,
hut which reply, if in troth road, never reached the
defendant. A delay of a few days occurred in sending the
linseed by water to Cooingsby, and, in consequence, when it
did arrive, on the 16th of Much, the defendant refused to
accept it. There was contradictory evidence as to the cause
of the delay, which was occasioned, as explained by the
plantar. witnever, from not being able to find a boat going
from Hull toCeningsby sooner. At the trial it was objected
for the defendant that there was no acceptance by the plain-
tiff uf the defendant's offer to purchase in the terms in which
it was made. The learned judge directed the giving
a contract to deliver immediately was • contract to
deliver in • reasonable time—as soon r prisetitahle ; end.
secondly, that :plaintiff's letter accepting the roe
having been posted, the contract was not the Ms complete,
though the letter was lost at the post-tffice.—Thejury fooled
fur the plaintiff.—Mr. Martin, Q.C., now roved for a new
trial on the ground of misdirection, and also of • verdict
against "virus. The court granted • rule nisi fur misdirec-
tion upon both points of the summing up, in case, as to the
second, Dunlop e. Higgins," (12, Jurist), in the House of
Lords, did not show, upon being looked into, that the ruling
was correct; es to the second branch of the rule, whether
the verdict was against evidence, the court would consult
the learned judge who presided.

COURT OP BECHEQUER.—SATURDAY.
It., Puns, at Wasitisstar.—Bedors Yr. Baron Platt sad • can
'Lissa e. Agozza..—Tauerass.—The plaintiff in this
ease, Mr. Julian Flier. a German, lately earrying on bust
nem se • tailor in Prith-wrest, Soho' sought to recover
damages from Mr. Samuel Angell, llse defendant, on
account of having broken into and entered the premises in
question, and having kept the plaintiff from the
of the same.—Prom the statement of Mr. Crowrenttrt
whom was Mr. Miller) it appeared that the plaiouff for
some time occupied a portion of the premises, No. 66, Frith-
street, then held by a Mr. Elsay under lease from the de-
fendant (Mr. Angell), who acted as agent on the
In 1846, and in consequence of an agreeineat boturenaPt=
sad the plaintiff, and, on the rename emddion of lb, ismer,
Mr. Angell agreed to let the bean to die gidadif uses
81 years at a rent of 4501. promising Wm a brae, dm ploMdlf
to embeadto sem maimeary repair,. The plaintiff entered
ea pommies, and eserated repairs to the extent of shwa
1001. In Deeemlor there was a dangerous inking of the
walls of a ponies of the house. in conaquestes of which the
ledgen all left. The plaintiff also removed his
family and furniture, leaving the fixtures, sad hie son r
take charge of the premises ; but during the abeam of Oho
latter, on the evening of Sunday, the 12th al Dammber, the
'nausea were entered and taken poesessioa of by the de-
fendant, and they were subsequently let to eimMber tenant.
The plaintiff now eon& to recover for the ism and
he bad sustained. A lad named William flan. the
tiff's son, proved that he was left la posowdea of the pre-
mises. On the 12th of December ha twat to dies at his
father's in Arlington-street, and warned to Frith-stnet
about 8 o'clock in the swains. He telsd to spa
the front door, which he hat slat to me ble
de-
parture, but was unable to do so, and It osamod
to be fastened in the inside. He went back to bie
father's, but returned on the following day, and bang
helped down the area, entered by the kitchen window,: when
he found that the spring which held beck the lock had has
cut. Besides the fixtures there was a quantity of ail wok
tobacco jars, flower pots, old iron, and other articles, In Me
houee.—Mr. Acres, an artists' colourman, havingso.ved the
original agreement for 21 years' lease, es promised the de.
fendant to the plaintiff, lir. B. Lewis. the plain • atteo.
nay, stated that, in en action brought in the County Comet
of Middlesex, by the defendant spinet the present plaintiff,
for 171. 10s. of rent due on the premises in que.tlon, the de-
fendant (Mr. Angell), who was *weaned by anemia, stated
that he had taken palmation of the house. Several witnenies
were criminal as to the repairs made by the plain-
tiff, which they estimated at about 1601.—Mr.
Martin, with wboia was Mr. Prentice, characterised
this as an attorney's action, and said be would show that the
house having been abandoned by the plaintiff, and the street
dam left open, it bad been secured for the sake of safety,
and although six months had been afforded the plaintiff,
it was not until the premises had been let to another tenant
list any proceedings woes: adopted by him.—The learned
Baran having to go to chambers, the further hearing of the
am was adjourned till Monday Olday).
Es
SiIARROD T. Tilt LONDON MID NORTH WISTRIN
RAILWAY CoMPARY. CoMPRNBATION 105 KILLING
SUEZP.—Youm or Acrtox.—Mr. Godson, 41.0., moved
for • rule calling on the plaintiffs to show came
way the verdict in this case should not be set aside
and a meanie entered. It was an action in implies
brenskt against the defendants to recover compensation foe
the low of sheep, which strayed on the defendants' line of
railway in consequent* of defects in the fences, and were
killed by the train while proceeding at the ordinary rate.'
At the trial before Mr. Baron Rolfe, daring the lam arias
at Stafford, it appeared the train was driven as usual by the
caveats of the defendants and under their general orders.
It was contended that the form of action was inisc.,neeived.
nod that it should have been " nos" instead of " trespass."
The learned Baron was, however, of an oppoeite opi-
nion, lag reserved leave to move. A verdict having
for the plaintiff far IW., counsel submitted
Lisia lealpese vim not under the circumstances the proper
foss dative. The owner of a carriage, for instance, could
get be held relmnsible in trespass for the act of his servant
Wilde, an isiury upon a third party, except the master
was posamally present, or bad given such express orders as
Ir.d to the commission of the mischief by the servants. If
the man expressly ordevd his servant to do the act,
" trooper" would be the proper farm of action ; but if the
servant did it of his own accord, or when alone driving the
carriage, then " ease" was the proper form of action. Nothing
out of the anal course had bola done by the defendants
'
servants in this case. It did not appear they had been
guilty of segbgesee eranyanagfal estaleae expressly by the

dereadanS' cedars. The teen was preeestiag at the ordain
late, sad the sheep having bosses the bee at the time wen
sounds* Wad. The ornate of the eimpany were sa-
ng _within the seeps ef their mien, sad it was, thinks',
submatted net "ease" wee the gaper tam to try whether
the Madsen wore liable to the arms of the she It
wee teener negated tad the ampeey as a sonorities
weld net, inner the eirametansee, be seed in trespass—
The Geed granted a rule to show sun; 11r. Baron Paths
observing that dee gaieties would be whether the death
of the sheep us the aeoeseary emeasesse of the orders
of the company.
Buena .. Bancs.—Post.to Immoralists is Lta
sort-smear.—Mr. K. Chambers, Q.C., mooed nor a
rule ogling cos the Waif to show ewe why the
verdict whin pored for him, fee 401. daniagen amid
act be met aside mad a new trial had rpm tee
ceof misdirection. The reties (which was Vied
the Lord Chia Berea) wee brought to n-
ava damage. for as alleged injury to the plaintiff's aver
dean interest in Limon street, eau.ed by die aeronaut es
sense% of the parseind authorities a et Maryinste, who
had employed bin to make certain impeutments in that
kegler. It appeared at .h. trial that the houses there had
genera before then extending to the footpath. In the
came of time the " gardens" beterse so neeleeted and
dirty that it was thought proper to improve and nem. rt
them to some other nee than bed very generally bees, of
late, made of them, namely, the exposure of " wens" fur
sole by the inhabitants. A broker named Wood oecu-
p'ed the plaintiff's bow, and sad the saran in
from of it for the exhibition of his goods for sale.
That privilege wee pet an end to by the defendant ening as
already stated.—For the defendant It we nbmitted that
the alterations stae by him greatly enhanced the value of
the home, and that as the eabibition of we
of any kind
foe sale la the eau maces opposite them had been explicitly
prohibited by a local *et of p ghat, int, the plaintiff bad no
right to complain of the pr• v onion of such a system. The
misdireetion compLis d n was that the keened Chief Ba-
roe toll the jury the defunda t could not " improve " the
plaintiff's property in the way stated without paying for it;
and with respect to the provisions of the local as referred to,
it was clear the plantar' tenant Warred no penalty fur ex-
posing his wares before hie iv use except after a nun no-
tice served epees him to discontinue it.—A ran nisi wee

COURT OF BANKRUPTCY.—Satronnay.
soiree ftr. Comedwireer Otoftern.
Furore.—The certificate of W. Hanmed, seed-auger,
Us/grid/v, was opposed on bona of the assignees, on the
mead that the bankrupt had misconducted himself u
trader by obtaining goods ma credit from four different parties
shortly before his bankruptcy, and when he woo is a state of
insolvency, hal th. n handing over thus goods to his father
sad brother, both of whom wen bankrupts. It
that in the emcee of two years be had lost 6,0001., tinr6l
profits amounted only to 2,3001.—Hie Honour said if this
woe not a nee of fraud be did not know what was. With
bankruptcy staring him in the face he had obtained goods on
credit, sad had then bonded them over to other parties.
This was an extremely bad coos, and the certificate must be
suspended for two p. an. By a late get of parliament the
commissioner bad power to grant protection after a bank-
rupt whose militate bad been suspended had Buffered an
imprisonment of two years, cr such Ism period as he might
think sufficient. In this ease he should not consider the
bankrupt had undergone a sufficient imprisonment till he
bad been in custody six months ; and he should only grant
his protection after each a period of Imprisonment
Daracriva Boogs.—Mr. Newman, builder, Isla of
Wight, applied for his eertificate. It appeared that he had
kept neither cash-book nor creditors' lecrer, although hay.
ins large business trametione. The commissioner adjourned
the econsideration of the ems for three months, granting pro-
tection in the meantime, and observing that there was no
trace of bawl is the ease.

LONDON SESSIONS.--Sernanse.
DERBY BWEY.ro.
WILLIS, ATPILLANT, SIR PIITIR LAURI{ AND ALDER-
MAN Witoon, Rearumniers.—This ewe, which excited a
great deal of Interest, was an appeal made from the decision
of Sir P. Lewis and AldermanliVilson, who sonvieted Mr.
Willie, the proprietor of the King's Head public-how, in
Newerate-street, for that he, being duly licensed under the
9th of George IV., did, on the 224 day of Mar, knowingly
and unlawfully, and against the tem of the said license, and
mistiest the force, form, and effect of the act of Parliament,
sweet certain gaming in his house, and suffer s
tn bps
a
Main game or lottery, called a Derby sweep, to be played
and drawn as by lot. By the direction of the magistrates
who convicted the app• llant, the city solicitor conducted the
rem/dings for the respondents. At the commencement of
the bueinese the Recorder eat alone for some time, both par
ties having consented to abide by his decision ; subsequently
Alderman W. Hunter entered the court.
Mr. Ryland, for the respondents, said the license had been
granted to the appellant under certain condition, one of
which was that he should not allow any unlawful games, or
any gambling whatsoever in tie house. The question is one
of considerable imp,rtance to the publiesn. but in his opinion
of much more importance to the public in general, inas-
much as it was calculated to affect the morals of the commis
pity to a most misbievous extent if the decisions of the ma-
gistrates were declared null and void. His lordship (the
Recorder) would not forget that at the last Central Criminal
Court sessions a young person wee convicted of felony who
afterwards acknowledged that he had been led to commit
the offence in consequence of the temptation which three
sweeps held out of realising a large amount of money. The
practice of permitting sweeps had also the effect of iaducir g
persons to frequent public-houses, so that the immoral ten-
, dent of the unlawful game was unquestionable, and it was
the duty of the magistracy to crush it altogether, by inflict.
ing such penalties in all rem as would far exceed the amount
of pecuniary recompense derivable from the infringement of
the obligation expressed in the licenses, and if it was nem-
way by refusing to license in any future ease of the violation
of the law. It could not, he thought, be denied that the
Derby sweep was a lottery.
Mr. Chaim, for the appellant, raid it was not his inten-
tion to make my objection calculated to prevent a speedy
decision on the question, which was, as had been observed, a
very imperteat am. His client bad no idea of requiring
proof of my of the Isets of the cam. He admitted them all;
sad he satiates& that the Derby sweep held at his house was
a lottery. The great point was, whether the sweep wee held
In MAMA of the license.
Mr. 11)1and referred to the schedule of the act 9 Oeo. IV.,
c. 61, which set forth the terms of the license under which
the appellant kept his house. He considered the case of the
Art-Union in point. There was a lottery which had about
It none of the mischiefs with which sweeps abounded. On
the contrary, it was maculated to promote intellectual attain-
ments, and Improve the Mete of society. The violation of
the law, however, waa held to be of so much
eassequam that an immediate stop was put to that
kellens Many, and it became necessary to pass
ea set of Indemnity for the protection of those who
Illeenselously subjected themselves to penalties by the
eat of the law. Mr. Ryland then referred to 10 &
11 of Will. 111., cep 17, which related "to mischievous
mad unlawful games celled lotteries." and also to the pre.
Nimble of 42 Geo. 111., cep. 119, which also related to certain
mishievous genie' sad lotteries, end likewise to 6& 7
Will. IV., which rOerred to the illegality of lotteries, and
Min and chances, or shares therein. Ile could not tor a
eent me how there could be any doubt at all about the
stalky of the eciavietlon, and he expressed a most confident
"Clilthat it would ne sanctioned try the bench.
lia
scamp—Tbe question is, whether the Derby sweep
was a Lottory, mad a gaming within the meaning of the
words messed h the license ?
Mr. Byloml said that was the question. He did not see
bow the Nem mad have been more essentially violated
than had been geared in the case of the appellant. The
Ossdeney of lime etesepstakes in • moral and a pecuniary
r eVartiview was meat pernicious. It encouraged • moat
'skit of gambling, end was calculated to ilead to
in most eases, mad to ruin in many ; but the publican
was NM le be mid, net wily by obtaining a considerable
per ountosa set of tiso sum subscribed, but by an increase of
trade be nomatbs mimitous temptation.
Hr. Lonnie psamdd le argue upon the same side. He
oontendod that the OW of " Allport e Nutt," decided in
180, Won Lord owe Jostles Tindal, was exactly in point,
the only &lames Wag that the present case was much
stronger. at MOM be given to the words of general pro-
hibition rantrind be the 10th end 11th Will. 111., cap. 17,
which efoileiL that " several ill-disposed persons for divers
yeasslies= bad set up many mischievous and unlawful
lotteries, Lad had thereby moat tin-
=end fraudulently got to themselves great sums of
okay boa the children end servants of several gentle.
leaders, and merchants, and front other unwary per-
sem ft the utter ruin and impoverishment of many (*Mies_ ,
MO the reproach of tt • English laws and governeteet, by
abet Of several patents or grants, under the great seal of
Essised, for the said lotteries, or some of them, which gad
grants or patents were against the common seed, trade, wet.
fare, and peace of his Majesty's kingdom, and kr remedy
thereof it is enacted, adjudged, and decimal that err such
lotteries are common and public Mmes. is& that ell
grants, patinae, and licenses for such!oniseies, Or Mr Mbar
lotteries, are void and against law." The weds W
quoted were decisive of the illegality of the Derby
which was, to all intents and purposes, • lottery, and
not for a moment be sanctioned alter the deckers moos dm
case to which he bad reftrred. Amongst the pablans who
were obedient to the laws the feeling was very eking aphid
then sweeps.
The Recorder—lt appears that the only thing certain In
the Derby sweeps is that each perven meet pay ss,
Mr. Laurie—There were more than 1,800 blanks out of the
2,000 tidies,. In feet there was not one argument of law or
morality that did not completely discountenence the prattles
which the decision of the magistrates had condemned, and to
the affirmation of which by the bench he looked with perfect
sofidenee.
Mr. Clarkson, for the appellant, argued that his client had
not committed any offence spinet the terms of his license,
the gaming referred to in that instrument not having any
reference to Derby sweeps, which, however unlawful they
might be moldered by some to be, were not comprehended
in the matters which the licensed victualler had in his license '
pledged himself to repudiate. He considered that • Derby
sweep was illegal within the meaning of the acts against
lotteries or little-goes, but he could not see that the cosme-
tics in the present case was sustainable, as it did Oct at all
rto him that a racing sweep came within the terms of
: Luse.
The Recorder considered that the conviction was not liable
to the objection which Mr. Clarkson had made to it. Ile did
sot see how the arguments of the wsugal6r the reependimas
mold be evaded in deciding yes seek • sam.—Xs.
Clarkson wished that the Rew,d,r wild sive the ago
palace an opportunity of applyin lisillell6ll6lllo ha •
MOD of sods peat importance. Ow Wise idgbast authori-
ties
in Westminster-hall had gime it so his opinion that
the ease did not roam within the wanalsg of the words of
the aeL—The Bosorder said he woe daises to strobe sp-

pollanithe opportunity, bat unlartussiely he could not do so
wittiest nuashing the omitting—a die, which be oould not
eossaioadoesty 80. Mr. Clarkson dm sok as sotion to
the form of the cony tics, but it was me esseide tenabiel.
—The Reeerder then alarmed the ornitabut said that
the &slim would not at all sae the as Os Ids
Baum His lordship isseshbeell that Wald lind
anted fairly is appealing in a setter of se nevi inpertanse
to venous is his trade. It would, bevrever, be
for Upeheed victuallers to have any owe letberles sidni.gaud
in their houses, as the annistrates vivid nsisetiesobly
step tits limas of say viefansr of this Clarkson In-
lensed the court that his dint had dilsisdned, whatever
should be tk• noun of this appall, smote have anything of
the bind in his bass.—The penalty of lit wan *ea
paid, sad headed oR r to the poor-bez.

POMCE.—BATeIItDAY.
WORSHIP-STREET. —ALLZOID BOBBINS' IN •
Boauning Hoven —Maria Carlotta Alva Cabral, who
was stated to be a baroness, and Maria Roos, her servant,
were re-examined, charged with stealing various articles
belonging to Mn.s Esther Menem—The magistrate asked if
it was known that the elder prisoner was a baroness ?—lie
was assured that such was the fact; bat that she had married
a second husband, who was a private gentleaten.—Sergeant
Brennan said that no Moe had yet been discovered of the
gold watch and chain which had been taken, and he re-
gained further limo for inquiry.—Mr. Arnold ordered the
pelsemem le be again remanded; and, in answer to an appli-
enaless mid they must remain in confinement unless they
will &hi hail, two mantles in 761. each or one for 1501. for
the efrifirr=t_said sureties to the amount of 1001. for the
The Portuguese 'did had in the first
= biome seeposeible for them, ot now attend,
ma et the close of the court they had not been bailed.
MARLBOROUGH-STREET.—Ronanity tN Kintstoo-
TOMO•nDINII.—J. Harris war charged with a robbery, at•
tended with violence, on Miss C. Himont, of Gloucester ter-
✓see, Keasington.—Miss Bisestt stated that on Friday alter-
nom she was walking alone in Kensingtou-gardens, and as
passing one of the alcoves her attention was attracted to a
woman who appeared to be dogging her steps. Not liking
the eppeanum of the woman she increased her speed, with
the intention of inking temporary protection in one of the
keeper's lodges. She had nos proceeded further than the
Mount Alcove, when a man rushed sot upon her, and, with-
out saying a word, felled her to the ground by a blow with
his fist between her two shoulders. The robber then seized
her reticule, and tried to force it from her. Hanel; a
large sum of money in her reticule, she struggled with
the prisoner, and for some time prevented him
from accomplishing his object. She screamed loudly
for eminence, in the hope of 'newels' the attention of the
park keepers, still retaining hold of her reticule. The strings
or the reticule at rest gave way, and the man ran off with
it, dropping a cheque for 101. in his harry to escape. The
reticule contained a cheque for 601., end a small sum in
silver. As soon u she recovered, she made the best
of bee way to the keeper's lodge, and gave an account of the
robbery, and also a description of the prisoner. Witness
afterwards went to the bankers', Messrs. Herrin and Co.,
and stopped the cheque. The prisoner at the bar was the
man wbo knocked her down and who robbed her of her
reticule.- Moses Benjamin, shopman to Mr. Myers, clothier,
Marylebone-lane, said on Friday afternoon, about six o'clock,
the prisoner came into the shop and said he wanted a suit of
clothes about the value of 61. The prisoner fixed upon a
suit of clothes, in payment of which he offered a cheque
for 601. on Messrs. Herrin and Co. Witness 'eked him '
when begot the cheque from and the prisoner replied he had
just recrind it from his old mistress in payment of his
wages. Witness took the cheque to Mr. Ids ere, who directed
him to detain the prisoner until he had been to the osoker'a
to ascertain if it was genuine. Witness did as he was di-
rected, and in a short time Mr. Myers came beck with a
police constable, who took the prisoner into custody.—Po-
licr•constable Hadley took the prisoner into custody. On
searching him a hall-mown was fou dl in his possession and
also a glove. The park.keeper found the fellow-glove near
where the struggle had taken place.—Mim Bisset' identified
both gloves.—Policesvrgesat Wheeler proved that the pri
peer bad been to the police fore*, and had been discherged
for misconduct. He had also been discharge I from the
guards at a former period for misconduct —The prisoner was
committed for trial.
A FRIANDLY Tuck or.—S. Grout, in the employ of
Bent:suet St. Martin's lane, was chanted with having com-
mitted the following robbery. Mr. John Vincent said fur
this week past he had been staying at Mr. Cause's house.
On Thursday night he retired to bed, having previously de-
posited his mouse's, containing his purse and several sove-
reigns, beneath his pillow. About one o'clock he was around
from sleep by feeling some one fumbling about his pillow.
He called out, " Who's there, and what an you about ?"
On looking round he saw the prisoner, who said, " It's all
right, it's only me. I'm giving you a friendly tuck up."
Witness thinking this was correct went to sleep again. On
the following day, having occasion for some gold, he opened
him purse, and Immediately discovered than two sovereigns
had boos abstracted. Ile suspected the prisoner, and in-
formed Mr. Cauut of the robbery. In defence the prisoner
said the sovereigns he found on the floor, and a nog and
brooch, which were also found in his pommies), he picked
up la the kitchen. He was committed.
BINEVOLINCI.—RowIead dimes, Esq., of Broom-hell,
Carnarvoashire, gave 61. to the poor box.
LAMBETH.—Cu AUOII OF ENBEZZLININT AND AARON.
—S. S. Jlecklambierya was re•examined on a charge of arson
and embezzlement It will be recollected that the prisoner
had been charged with embezzling sums of money to the
amount of about 1001., and that he was suspected of having
set fire to the house of his late employe,' for the purpose of
destroying certain books.—Mr. W. H. }lemming stated that
previous to the fire, and the destruction of some of his books
and accounts, he had made Wrens from them of the sums
of money round entered in the ledger, and not in the cask or
day books, and they formed a long Ist. From thee list he
made a second, much shorter, end the latter he had put into
the hands of the prisoner, and called on him to explain the
matter. The prisoner admitted that there was a mistake
somewhere, and it was arranged that the accounts should be
gone into on the following day, in his presence, but on that
night the premises were destroyed by fire, end 'leveret of the
amounts, sad the account boska wholly and partially de.
stroyed.—At the conclusion of Mr. Flemming's evidence
Mr. Norton remarked that it was nemegry that further rime
should be given to investigate the accounts, and remanded
the prisoner to a future day.—Tbe charge of arson is for the
present abiridoned.—He war admitted to bail in the tame
amount as before.
THAMES.—EXUATen.—In the report of the proceedings
at the Themes pukes court, on Monday lan, it was erro-
neously stated that G. Edwards, who was charged, in con-
junction with Davie sod Hawkins, with being at Stepney
Church on the previous day for a felonious purpose, was
committed for three iseedie. This was not the fact : Ed-
, wards was discharged.