The Express.
London, England, 1847-05-12 00:00:00

lab) Enttlltanut

HOUSE OF LORDS.
MI, the lams peas sad the suns Indies who were prereat on
Monday.
Tin HON. FISHILY TREVOR o. THE HON. Geo. Rice
Towel AND its DAVORTEIn —The chief question in this
appal from a decree of the Vire-Chancellor of England,
open Tiestmat Hampden's will of his Bedfordshire estates",
wets Thither the devise of these estates to trustees to be
settled le thew a the above-named respondent for life,
with remaidor es his issue in tail stale, in " strict settle.
mint" wend dentin respondent's desibten in the event
of his ass bong a ma. Then were other subordinate
gtimm whin Me Mew did set require to be argued
babass
K IlMisegnemed, sad easeluded his argument—began
as Neeley—la wapport of the Vice-Chaneeller's decree,
to the mist On the settlement to be made of the
manse ought to wenn a limitation is hectic of the
deigheir iii tinghlies of the reepierion, is default of
teas. Se melesiol net " icier," token sepentely, in-
• eluded fleeeke so well as main ; eles nut weeds, " is
• tall may, were used to illedsmate, wee the raven te take
is the fret butanes, bat the cesatlty of estate to be
gamy width cateamMen we Earths aided by the Mit
monk " In strict settlemeat." Upon them paints, teepee-
. delis be cited menerons authorises
Ms L. Wirin replied, defending the BonaratiOne put
LasUgride fir. Wm in his argument on Monday, which,
with the material parts of the will, has been
ant* arposeed le this journal.
• The Lerd Ohneellov, addressing the other lords present,
said, that In eider to have the benefit of the meistaaat of
the lensed Mess, he had framed a quake for their
Imo_ Mined the tams of the wedeln, the decision
• 31:114 ha end, wend green the dine
of the caw
blare ISM.
BROILS V. Duns AND OTHESS.—Ezoireor ACTION.—
WHETHER IN A BANKI9 ET, on Is ate Astnionize.—This
was a writ of error en
j:juigreseset of the Exchequer Cham-
ber, whisk reversed a of the Coat of Exchequer
of Pima The banal of the 6061M0n law courts
were required te Mani this bearng of this ; also, as
involving a mil sloe opeselea of law. The material facts
were these: &Mau bee. fierenes to Drake and
ethers, who wan ia giansteh4 is the Old
Bailey, enema has anon= - with ant is 1834,
to serve them is then Mien ieewes ree4e a *shay et
Si. aspeaTbsydhatimed Beckham in end in len
he en humbrupt. In 1841 he tan action
eel petsars he the mann et salary hr
rsceiho of the gems years irenes= to whisk they
phone' Oil hie Biases become to the mass of
mein. If my masa lay. Timm the plea red des sere put
la thseille y Ilesinen thraerese whether the right
to wog Me earns was Nis ha his aidgoess.
The Deed of Tiftakai•kir *et or wk.
wee isitotilmhsigrad:r (leo II Yews en Waal
PArIE111). Cialabso mewed an
9 Wiwi that the is the ones wee be
we-. (See 11 wins awl WelaW). JiLs pm"
et ewer Was brought to illeMla Mm Lie
Ws Media sod Mr. Btaramees. he the *Orr error,
mil eta tamed chiefly eathelinkruptey AM 6 Om
MO. WO. which vend all the pressat and niter* per-
. and dins bishispt, sgiall des_ due to him, in his
sedipen. 114 slogbi- el mien he brawl of contract by
ihnleal of BeWseet ail set gees
.to his assignees Muter
ahem wads. The eselmest rowed to the employment
of Ida peesonal olrM Bid Warn is which en kiag en they
WNW ISOMIIdISILIde sidenswe leek no wine- The d •
ITC=6I TOMPornia IS the nein mmiseed ehittly
peessonal dimaieside mused to the plain-

tiff by Ida dismissal, and the penostal Mats which passed to
the meioses was not affeeted.—Adjourns! to Fiiday asst.

COURT OF QUERN'S BENCH.
Sittings at Nut PlN:P.—Before toed Denman end $ common jury.
DISARM Romne.—Tat Direr or Pobtca-maotareares
AND mate Cbeuxe.—Mr. Ball for the plaintiff in
a.„
this ear who sought to recover be having been
given into custody by the dekndant debleed at a polioe-
station from Saturday night until the Monday morning foL
lowing, and thence taken before a polioamegisbote on a
charge of felony. From the evidence It apprered that the
defendant had gone before Mr. Clive and bid nods a state-
ment that he suspected the plaintiff of a mike
away with certain furniture in pommies of be bad
been permitted to remain by the defending, who had re-
deemed it when seised for rent. Mr. Clive tald him—
such, at least, was the account given to an inspector
of police by the defendant, to rein the goods
wherever he found them, and according to the same
story, the chief clerk advised him to give the plaintiff into
custody. He went to the plaintiff, and insisted that the
goods should be given up ; at the instance of the plaintiff's
wife they were refused, and the defendant thin, though re-
commended by the inspector not to press a charge, for
which apparently there was no ground, gave the plaintiff in
chugs for felony. The plaintiff, after undergoing the de-
tenuon above described, was taken before a magistrate, who
diecharged him at once. Mr. Crowder Q.C. for the de-
fence, mired that as the defendant had acted, or had be-
lieved that he was acting, under the advice of a magistrate,
he could not be held to have acted maliciouely ; that he bad
been put to great expense by this action, while the plaintiff,
who sued as a pauper, was at no expense; and, therefore,
that the smallest amount of damages would meet the justice
of the case.
Lord Denman, in summing up, said that it was much to be
d, sired that magistrates and their clerks would abstain from
giving advice to those who came before them. It was the
duty of a magistrate of police to determine whether he should
or should not commit a person on a particular charge, or
should or should not issue a warrant ; but he and his clerk
bad better abstain from doing an thing more. A party went
before a magistrate, perhaps in9amed by anger, made his
own statement, in all probability greatly exaggerating the
circumstances, at all events presenting a one-sided view of
them, and then asked the magistrate for advice. If, upon
this ex parte statement, the magistrate suffered himself
to be betrayed into giving advice, it was much to be
regretted. With regard to the facts of this cab, to which
the foregoing observations did not necessarily apply, as only
the lefendant's story was before the court, he thought that
the locking up a poor man from Saturday night until the
Monday morning following was not a trailing matter, and
that the consequences to ham must be of a tenons nature.
They therefore would say whet compensation tie plaintiff'
was entitled to receive fur an imprisonment of that kind
needlessly inflicted.—The jury returned a verdict for the
plaintiff, with daring's 20s.
Mr. Ball applied to the judge to certify that the act of the
defendant had bees wilful and malicious, in,terder to give the
plahref Worsts. He insisted that the defendant, by giving
specto
the plaintiff in charge in opposition to the advice of the in-
r, had evinmd malice.
Loral Denman : The jurors are the best judges of that
question.—Appliestion refused.
Dos Dan. COOPRIS AND °TRIMS O. LEIGH AND OTHERS.
—Mr. Humfrey, Queen's Counsel (with whom was Mr.
Barstow), said that this was an action of ejectment to re-
cover possession of a house, No. 25, Oxendon-atreet, Hay-
market. In the year 182.5 a lease was granted by the Bev.
George Mortimer to David Oakes, of the houses Nos. 24 and
2.3, Oxcedon-street, for the term of 21 years—No. 25 from
Christmas, 1824, and No. 24 from Christmas, 1825. Mr.
Oakes died about 10 years ago, and the lease subsequently
came into the possession of a Mr. Smith. Mr. limith,luving
changed his name into White, let in Mr. Zucharti, who
Ist the house in separate doors to certain ladies who pro-
fessed to be the wires of certain gentlemen whoa names
they severally assumed. In the )ear 1846, the Rev. George
Mortimer brought idestroeut to recover possession of the
hews No. 25; but being assured by a Mr. Austin, the at-
torney for Zucharti, that the lease would not expire till
Christmas, 1846, he abandoned the action and paid the eosts.
This action was now brewed ter the same purpose and it
was discovered that the bele at the heves No. 23 really ex-
pired in 1825, as it WAIN 11.6 bellow' ; but the ladies who
were the tenants contended the% by the abandonment of the
previous action, they bed been cognised as yearly tenants,
and, therefore, they were wetted to six months' notice. The
learned counsel thought that that was a degree of impu-
dence which was not often squalled ; they first deceived Mr.
Mortimer, and obliged him to pay the suppose of an action,
and now they set up a claim for notice, having kept posses-
sion of the house by a fraud. The counterpart of the lease
was produced, from which it appeared that the term ended
in Christmas, 1845.—Mr. Joyce said that be appeared for the
defendants, who were the tenants in . He had
very little to say, and therefore be shou d occupy the atten-
tion of the jury but for a very short time. He could not see
what connexion the gentlemen referred to by Mr. litunfrey
had with theme ladies—
Lord Dearness—l don't see what we want at all with these
ladies. The parties who are reversioners are clearly entitled
to possession.
The jury gave their verdict for the plaintiff.—Mr. Humfrey
applied for speedy execution, which he said bethought would
be much for the benefit of wscietv.—Application granted.

COURT ot, EXCHEQUER.
Nix Paws—Before Sir P. Pollack, CS., sod a Steil& Jury.
THE ATTuRNEY-OHNILLL v. HOWES.—Faxon UPON
THE CUSToME.—The Attorney-General, Mr. Watson, Q.C.,
and Mr. Wilde, were counsel for the crown. Mr. Pigott for
the defendant. This was an information filed at the instance
of the Customs department against thisdefendant, who held
the situation of locker at the St. Katharine's Docks. It ap-
peared that it was the duty of this officer to order the de-
livery of goods out of the bonded warehouses, and that he
should not have done so until he had satisied himself that
the duty payable in respect of them had been paid. The
charge made against him was that he had systematically and
wilfully allowed goods to be removed out of bond without the
payment of the duty, and it appeared that in the coarse
of two months he had, upon twelve distinct occasions,
permitted goods to be removed without having had the pro-
perly authenticated signature of another officer, which
would have proved that the duty had been paid. For the
defence, it was contended that no distinct fraud had been
proved or imputed, and no corrupt or interested motive
shown to have actuated the defendant ; and it did not
appear that he had derived any advantage whatever from
the course of coaduet with which he was charged. At the
utmost, it was submitted, the defendant's conduct amounted
Merely to negligence, which was perfectly consisten,t with
inneeeses of the offences charged by the information.—The
jury lewd the defendant Guilty, and ascertained that the
sinfrie peaty was 7501., to treble which he is liable.

COURT OF BANK RI7PTCT.
More Mr. Ommileiioncr Ponblmese.
IN THE BANKRUPTCY or RAMBO FIRLDER.—This was
the adjourned meeting for the consideration of the certificate
of the bankrupt, who was a brewer at Alton, Rants. Mr.
Duncan was counsel for the assignees, sad Mr. Lawrence
represented the bankrupt. Mr. Commissioner Fonblanquc
easel, the bankrupt began his accounts from December 31,
1843, at which time he was deficient 3,2001, and sub-
sequently he had an acquired capital of 2,0601. from his
relations. There was, therefore, allowing for this capi-
tal, • deficiency of more than 1.0001. on commencing
in January, 1844, and, carrying on business under those
circumstances, he was bound to have been peculiarly care-
ful in his mode of dealing, but that did not appear to
have been the case; and without saying that this was a
case of very gross recklessness, he (Mr. Commissioner Fon-
blaaque) must say it was not a case of provident or anything
like prudent dealing. The bankrupt must have known the
state in which he was three yam baton the flat, and should
have looked carefully from time to time to discover the way
in which his affairs were napalming. His net profits during
the throe years only amounted to 2001., and the losses
appeared to be 3,000/. His trade expanses were 6,0001., lest- 11
ing but the 2001. before mentioned as net profit. It was im-
possible for him (the leveed oominksioner) to cocas to any
conclusion but that tha trade had been continued beyond the I
proper period, and so continued at the expense of the credi-
tors, whether family creditors or not did not matter, nor
whether generally complaining or not. There were 7,6001.
creditors -without security, and 7,2001. coeditor holding ac-
entity. It was quite impcosible to say that this was a proper
trading; the bankrupt should have declared himself insolvent
at the very earliest period after the alteration of the law
allowed him to do so. In general the books were reported
to have been tolerably wall kept, that is to say, by
,sub-
sequent labour the bankrupt had sumeallod in raising •
supplemental account, by which, to a degree, the lased-
&coney of the original @meats had bun eapplied, but
there seal remained a ena of le SK unsenehed.viisk sould
not be countered as a very ilinlipOSlMl sea,_sad theeshu
he aunt eassake the bankrupt had been guilty et keeping
lordliest soseenta After adverting to ono of tea ether
points is the ease, his honest seld, the bet objection
ass sae this he could not euelook, . sad at the
last atoluils• of the bankrupt be hd alPtjeaded •
was . tis sleet thst, ceoragmenes
_el use rue
precirlemelen the beelmegt be ha debeeseined ,
supend the artiikete ter three AMU en that se,
taut abse ; sad it should be Upeewed yea the Wade
of ell liankrapts that when they mai net_ pay thole am
diem, it wee that. duty, at Leek by a bask and span
avowal, to lailens them why *a' SSW sat pay. Censeal-
inset vas ea sauce that unit be Abed more sownly ;
but it was a astersly. lama to tea* Sit provasissioa
would be pisillwit by sila swat, aim. it ostibtaat lie
so paw as to tali flot a amailid. MAIN e 0 the *saw
Name of ski awe the eitleilla mit be samporlad ha 12
lowtrase• rig 4. Timm
made as sijostisa.—/Ar. Owinksisserpoelastia.-3 FaaWaagp• granted
el irtlag Uri tie moral Likud= was where
• srpoasioa was prassaasil as asosowt of frisk then no
=iwould la gnaw{ ; bat visa asialy Lora-
ttomu be thought it wee a belle swoli, can des
credits,., to allow a man to emir bit kawky I to Ist lobo
could by not locking him up.

CENTRAL CRIMINAL COURT.
tha Corer.—kiss the Recorder.
EMBILILIMINT.—G. R. L.wgSoy, 37, clerk, had ens-
hassled several sums of money 6•begiugto his employer.
Be pleaded guilty. Be was employ • confidential
capacity by the prosecutor, and bad been in his ser-
vice three years ; his salary was 1501. a year, which was in-
creased 101. each year, and 'his defalcations amounted to
nearly 3001.—Beveral respectable witnesees were called to
speak to the prisoner's previous conduct and character, of
which they spoke most favourably ; one of them expressing
an opinion that the prisoner must have been indeed to com-
mit amoebae* by soma great pressure of pecuniary difficulty ;
in fact he had bees for two years out of employment before
entering the prosecutor's service. Re led a wife and ten
children.—The Rcoorder, in pawing eaten, to'd the pri-
soner that if the court consulted merely its own private