The Express.
London, England, 1853-01-13 00:00:00

Lam lintriligence.

EQUITY COURTS.—YsirrEaDat.
Sams Tee Inas Mummies.
Its YvaSZLI..—IN LC/ACT.
The Solicitor-Oeneral stated that this was a petition by
two of the brothers and a nephew of the supposed lunatic,
fee a commission. Mr. John Fussell, the alleged lunatic,
was about 70 years old, and bad been in business as • hard-
ware manufacturer, and was possessed of lute property,
some 6004 • year real estate, and about 200,0001. of per-
usal prgerty. He was also interested in some noel sables,
sad was possessed of a number of sham in the Australian
Land Company, which had reached' a high value is the
market. Mr. Fussell wu married, Ina lived with his wife
and two daughters, aged respectively 18 and 16. He had
resided at intervals in Paris, but returned to England in
the spring of 1852. In August last be was seised with pa-
ralysis, which had effused his mental faculties, and there
was • difference of opinion as to whether this mental sffee-
ties was lacurable or not, and on that point he proposed to
nod the affidavits.
Mr. Rolt, who appeared for this wife and next of kin,
laterposed, and said there was no question as to the custody
of the person of Mr. Fussell; but all that woe desired was,
that, considering the complicated nature of his property,
proper ',imagers of it should be appointed, without issuing
a commission.
The Lord Chancellor said he ceuld not step oat of the
usual course, and take away the management of this gen-
tleman's property, unless on the ground of his being irre-
coverably of unsound mind.
It was then arranged that his lordship should look into
the affidavits and decide whether • physician should be sent
to examine Mr. Fussell.
its TUB NOITHAIITTON CHAUITIMI.
This was an application to fill up vacancies in certain cha-
rities in the borough of Northampton. The lists, as now
brought before the court, were approved of.
SITTINGS Or TUB COURT.
The Lord Chancellor said that it bad been arranged that
be should sit in isonjuaction with the Lords Justices on sad
after 8/tardily neat. On Friday he would take an lunatic
petitions which might be set down before the Lords
Justices.

Owen ewe Laos Sonic, • to Atria.
II HZ TIE VALI or MUTH BaIWIST C
WOOD.
Mr. J Russell sod Mr. Terrell appeared in support of
at appeal geniis aeons the decision of Vicos-Chaasellor
Stuart, who ball retedoed on the list of contributories the
suns of Mr. W la his character of executor of Miss
Lydia Leas, she hod held five shares In the easipsay,
bat as liable emb thedebt of the sompasy ISCITIO‘I*SH
the death of his belekk. The Vies-Obesedler's seder had
boss upset apyosi trim the derdeles of Mader
balm who had plied the ma Ms Weed lelialeu4
weds
latarrareirily mewing of Mire Lydia Imam It
that the melawis bed died In/aly, IM2, baying
appoiated Mr. Weed sad her Meths, the weaken
so ler will. liar brother died awn eiterwortis. By the will
the testatrix betienthrd the asses to her fiDIAT, wire after-
wards mulled a Mr. Mak, and died is Marsh, lOW
Abets a sees* alter the death of Mies Lydia Keene, the
wetatriz, kw brother, the soft omeator, segnewed the
secretary of the cooksay to pay the mask des is merest
of divideads as the shares stabeg be the sews of the Ims-
tami c to Umelf, es mentor, sad at the one IMO IMF
tested that the shares would have to be Inselbesoll to the
teetatr:e's sister, Kim M. C. Keene Ammo& Mrs.
Kids' sad sabowymently wrote mother letter, Mating
that the shares la gawks would have is be
transferred into the same of Mr. Liebe, is sighs
of his wife. Oa neelehrg this
pese lake seeivarythe
wrote the mine ei Klakt appinite
easy as to the lie shames la gssmies is the IMMO resists
book. Afterwards, is Apra 1644, a resolution wee pawed
at a weeks, of the dlawbeikes of the compsay, this each
shareholder should be allied apes to seamake H. per
share, is newt of shams held by bin, firt the pezral
ligkdatiag the liabilities of the esagesy ; and •
matiag the eseelatim, and adllng Be the contribution of
M. ma shim was seat to Ms. lUskt. Mr. Mulct, by a letter
in answer Se that moilleed &Mit war entirely out of
his power to emeepli with the aggleation. Afterweeds Mr.
Leese, the Maher of We to le. arivessed MU to the
soapily is rem* of hie sees shines and MR es Mores
held by Mr. Maid, bdsulL ea henna SWIMS; which
Ave were held by Mr. Wald is roweet of the legacy
to kw wife from her sister ; seven is rigid of his wife is
hose heabasd, of whisk she bed besa the bolder in as, own
sir& Woe the weselegst ma two is hie ma right. For
the seem of 410, so gait, Mr. Ream as his prosaism,
nob se the saigas, ; sad apes kbe setwards paid 330 J.
la empret of his ma shwas cis
giving op the
sees es se She ~Main 7CI. tram them limeassessees it
was submitted shot, having regard So =byWs kawalitim
eikelog a valid menehr the weemay's
=Teo glemeihr MI lima 4WD& mad that the estate of
the lestatrk senwised NOM
Mr. Rozbengh (with whom was Mr. Bacon for Mr.
Wood) urged Sat the loamy in vitiation me a specific one,
this it hod bees amsaledi to by the wasters, and the
=smd her bresbendi pick of as sharebeidess by the
of tho essesquesse war that the
teseakie's seleto=sl. dkaimged ia 'WM of liability
from the time of bra as*.
Lord Swaim Malykt limas said that the Oben required
te be dem by the Ma, 4101, sad dieh Maness si the am-
may's deed ofsetleemeat ear tat miereraa sal•l•l_ a
Messier of shores , wpm me wi-
dows, assesbe einerwd in the treaseseisa Taoism It
had boss segsol, beaker, that all the timeactioas of the
direoWse row& too tie alike of tbe company had
bees essineled with gnat lessonew, sad with is habitual
Mewed of the kits of the deed; sal that the general
body of shassiesidess by awaskeiesio yesarally fa that
....1P11•11Issed by the wassmisa imam. That
.oa
theogh ef eemysearr Is a pMenee partaer-
shipt set be se
wee
wisl NEW to a
joist Meek imargasy, the pert Lady of
maid not be eapmeed nodally to
ail pewenelly
CrWelemeestisse 0 the orreemsy, bat aslail always
Omagh a awes body seder She Mille Mrs of dirrieless
air a semwithis Diesels§ wise Os sera of the people.
Wee. ad k was Oak sat Se dimwit the edynksinee
of the esempaare deed, So obserst lbws Is the yew
seaftd 11111 amisg .is es the
part of the pound body of diardisidzlS in the Immailisa
is gm ties, or that they bad made the directors thstr
Mitch a impose. That bolas so, the body of
bad still a right to my that the babWolrhie
s What had set Nosed. This remelt was halm
Miengthessi by the fast that se was mall daternisis, if
tb Miewia's estate war Merkroged, who was*, enledhate
is peiM lability—whather the hakesk sr Ms hn dna
sad wik together. Tbe Nee was that the Tke-MasseMWs
order samfbir Mahar's&
Lord Jules Terser mid be moserred la the *mks of
his learned brother. It bad bees MK be a ewe decided
same time ANN that the letters wide/ bad yawed between
the testatrix's brother and the seffeway of the wakaay,
Mowed me thry were by the orrinalessi beams* the
erentery mil Mr. Klukt, end the Mamealiss with Mr.
Mame as ths bill of Yes wale Me. Malt
is is repeat Oahe= o besbend is=
of his Mk. Ml tree lie mold they
hie liable Is sopa of shares whisk his wife
11%, legatee, mai wash make the wile herself
liable. The osereguesse wee that *we was se shim-
brkier aria whist lability in seepeM of the shames is
claiwad Mw wiser the loolsales Goa% Be be
m» bow le iablkl weld be dialgyel allf• by
Ike subsSitallis of lease penes to be MM. Ze Ins of
spikes besides that the kgerry k gssollis war set a
Me; bat isms if it inn, harbess mesas' to Witt
Merrater, WM a past ideas wadi net masa Mithisge the
=ibisnitaypevel of Ms Weiss, or bee hathesit, se a
W the dkeetwo, mil_ed by dike the sots
segnied to bs dam *a Me ;wpm by the died of settle-
ment Irelthi be wenneey. egroval so *Mamma wee
set shown to ham bees gives by
_the direelees esdistrate
=mot warm with what bail been mid by ble
, sad what bad bees dons by*, Malec.
Is sz TIC Doves, DIAL, LC. RAILWAY COWMAN; II
raters 1110 WATT AND IX HARTZ RIAJOTT.
This war as appeal ham the delis of VierChentialler
liariereley, whisky bolsi tabled diesimige ea order
Lesa eel of IL is per isms epos the pellikases as NOM
halides It appeared that the petillesom bail bees pat ea
the lit of osia isstriss ewes paw Meek while the law se
to their liability was Mil waselied ; sod that Miry bad oat
bast the daisies Mealy their names es sash lint.reaseggral, aka, that tho gristles of their hilly to the
sell =Mb would Weeks_
the tussles of the pelisse's' Us-
bility tri he mode seMarde As at a.
Their Lemlehip thought OM "Mee that war se the %w-
-lieu as to the propeisey 0 the sal bUs wade beam me
of peat isgeeteme, mad Oki midi be better to have it
disemed blare the fall meet of eggeml.
TM farther organist of the ems was that adjourned for
that purples.

Itsroas TES Ibis ye m Wiz&
BAILIT v. WTCNI.
Mr. Roadell Parser nosed to drool= ea isdanaties
latish toren granted. is this are to sesta= '
the defendant from receiving a nue at MIK bra
metals passes sun= Jita, Plethora, Lot= eat
Oben WU ore banes= in a pate= ke Japan"-
mats in Mew C The plead! ere • Ina
et solailerk sai Vol.we seaseesed for a Kr.
who eleimoi Is he NOM to a share is the pate= in
Ths dekrimil wee selkitse to the other parties
M ke eat alms &spate Mr. Be's
deka. La teas mole to the Privy CesaW far
la eakerka thaq= olelatifb Oared that they
111•160111111 Mlp sa ems iletsarkat that the up-
ollatlea data a tiller et badness between
them, the 'kraals Ma Mr. Wald join
is the • n. theiw classed
et the cam of lb. owl M the motion
flee ea holeastion it wee dolliskat lad naiad
UM, sad that it woad be ieleimeatel lo the *Wile
Mama g he were allowed to maim Mt emirallt MIK
Me. Pare wow, oa the part et the leillakat. oeMeadiet
Ma Megesserat merely reboot to the =Oa irsemal U-
lna the lime invited which bed bees oppelahal gee the
eatlineer M a retsrease wash lei bees TM te be'
ea ark eat the abet parties. to mho awed in,
maim he sole as awe= the egreemsse was void. If,
Poraffee. Oho est= hell otherwise, the iniaosioa, he eon-
-1110914 eel* aft to Natio= as reward s swift of the
parr sod the white et the sub eat et pekoe would
mina es so lea that USK
Me. Metbabgesa Maws be.. bawd ea die sem* side,
ale Mow wittiest Melia, lb. Raga 'IV=
ORM@ sal he emit not Mak Ike
a if the messy. Motheali re
Om St IhoTheusbagel
luessialisks se le the iellakst hot
sobek

which he was entitled .to receive, and to deduct from the
entire anosust of the bill.
Mr. Rospell said he should be satisfied if 8001. were paid

late court.
His Honour said he could make no order on the parties
owing the men►y to pay the 8001. into court, as they were
init parties to the cause, but an injunction should Witte to
restrain defendant from receiving SOUL put of the 2,0001.
remaining due.
Mc Palmer—Then the injunction will be dissolved on
paying 8001. into court, Vat will continue as to that sum?
Hie Hoaour—Yea.

COURT OF QUERN'S BENCH.—YkoTiaDAV.
Sanwa is Basco.—lisrose Lino Csisraras. Ma. Iciness Coto-
moos, Ma. Army Wisorriiss, Aso Ma. JVIIICA CIONSVOS.
TALUS V. TALLIS.—Tan CANVASSING TNADN.
In this case the plaintiff and defendant had, as partners,
carried on the business of publishers; end, on the dissolu-
tion of the partnership, it had been agreed, amongst other
things, that the defendant should not be entitled to carry
on in future that portion of the trade known as the " can-
vassing " trade within ISO miles from the General Post-
°Mee, 60 miles from Dublin or Edinburgh, or In any place
in Great Britain or Ireland where plaintiff might be carry-
ing ea business. The canvassing trade is that branch of the
bashes" which is dens by sending parties from town to
lime with specimens of the works for sale. The question
lame the court was, whether the above agreement was
nameable or not. It was argued on the 15th November
104 and judgment was delivered this morning by
Lett Campbell, who, after going through the above-
MOM facts, said that the court were of opinion that the
ermeant was a reasouable one ; and that for the breach of
it which had occurred the plaintiff had • good cause of
action.
Maros or Beuwtou v. Oatest.b.—LIABILITY 07
81711111111.
This ease also was argaed in the course oiled term. The
facts were these :—ln 1839, a Mr. Murray was appointed
treasurer by the town council of Berwick, at which period
the affairs of the corporation of that town were regulated
by an act passed in the reign of William IV. Upon his ap-
pointment a bond was taken from him as principal, and
from certain others, of whom the above defendant was one,
as sureties, to slave the repayment of moneys coming whir
hands as treasurer. After this appeiatment the 6 and 7
Viet., e. D was passed, which partially repealed the former
ese el William IV., and muted that the Mice of the tree-
• whisk hod bees formerly an annual ens, should now
beheld using the pleasure of the council. The maids was
heemglit voila Mr. Oswald, as surety, there being a sum
st awry ewe from Kr. Murray to the conned. The qua-
was whether se net Ole defendast's liability was takes
NKr by the Mehl. of Vittoria.
Lard Campbell sew delivered the judgment of the mart.
He said that it was quite deer, according to the rule hid
dews iss LonlArliestralicese, whither.' sited in Ismest,
that the liability Of David Murray's sureties er have
the Blit Efemealser, 1840, bowing, have
sight
have emensd la .Mss after that reek it to Ms wide
" dodMI the "bee Ire et hi holdiegMes as liesserer"
there bed net Mee ailed "wader the ein-
em." These weeds peed feels MI le el seeine-
tag kis lia=aread *at ot hie sesehe asses Me
after the ramp is Or sepeuelke
=by the 6 sad 7 Vie., e. 19, the else SIM treemer
was er wee es the ease to which Murray MI item cumin
when the surety bead wee OPlra This NS of
marled the els et Weems Nimbi be bill do.
the pintathset of the tows eseisd. Mises miler the a
Mims
me et Will. IV. it had been as meal em. Their kid-
......learever, were el *ramth.t whoa Mum was at
mkt the as of Yee", Ms wee oak
Orme Sim Having limed et this pA.Bs tiara
seselesi fray era ether 'slat, via., did the am mem
set 110 War the dales of the treasurer that his seesies mpg
thereby dieshemed flee ? Now, the elk MM.
sedllled teeth= et the est of Will. IV, width were se-
llable to the deem et the treasurer, were set interfered
with by the saleepeat ; hat it was seamed that by
the alteration flea se aerate to as isisMiterallplemet,
the duty sf the Messer is same was imerisea with in
such a seem as to Miley the lability of the sarstie.
However, alter a metal mandeatiee of the as% rash lord-
ships were eserly Sepia,* that the dies wss is talsr as
la all atm ests. eelteleatiely aseleseeklty Ile sere s-
een iMMIMIMIK eel that the risk and liability et the me-
tes therein* ,ensued the same.

ran Quint s. Wmatst.--Pooszorroz's Coen is SNP
CAISOP AN ASSAULT.
'MS was an splines tors rule to show eases why a
ille bar rule for the tentise of the costs of the promentor
it Os ems eon nen shed' est be est aside. The pro-
mike hod hese esedneted by the City Solicitor, Ire
bin of the presidia( aldermen before when the
loped was laveiluated in the bet instance. The pre-
ise at emus wok whether the esedessiog the pees-
Mies wee an siker the Unite Ansi by
the I Will. & Mazy, e.l , seder whisk on the else ware
dined.
8010 nisi granted.
RN JOHN Beirn.—APPLIC4I2.IOS TO SUSPIEND AN
ATTOSNIZT IRON PIAUTICS.
This natter name Won the eons tie the bet day of last
torsos' then end nee to swill the meek et ea apples-
tioe us **Loa Cheenlin to re-emeelier his bibs that
Mr. anhWe Ear shield be Musk of the nil of solicitors.
That min= bet its., beat arils, aril the Lewd Chan-
idler Ind IMAM& Binh tem sheen xenon on
be oil of solidecry hut des he shed' be suspend hoe
ploollim teen min in the Coast of Cheesory.
ir. Was (en behalf of the Inexpetted Law &misty),
waning that the rah to strike Mr. lain off the nil
stamps Jodi be blimp& I het he prayed the
ommillo=il Mr. Saddam' poslishig as an affiesey
he de
(In Mr. ankh) urged that the Lord Chino:
hod ffisee that a enspeesien of en nein fres pee-
s Anew was a nisi penalty In ma
le n net-
Ms losiship's evert There wee so
Mss" sea dines no
pee So Lied Choeseller led = 11-....-s 60/. brit
eimepossied Law INASI, weld est have shad this seen to
bus hie a Ma sun ofAL
Lord Campbell said the rale nisi to eras if,. Smith se
the 141 el steams nos be disobliged. TM nun WON
one 'tenons thw onld eat eesselele
rahm the opine
mow .mown to ramped Mr. bath. not s. how-
ever, must pay the 00•01 One application.
Ba ilua..—Arrucartow To INLAND. Tie nen roe
STIPA/ISO AN ATTORNZT OPT eita Rosso.

tiimimiric7iiike Mr.
Ain off the roll of this Not oalseged ascii the
cwt iq ef seat hem t append that the rule Wei ma
&Wei so the =Lathe& lir. Oil hob bees seaside&
son sharp 'of merry sober hies possemo.
Sloes the eesseissieo Mr. Whoa ef the plod.
psi viten= opine blot for pedmy. mei a Woe beides
Isla atolot tbot vibes% die poossedielp MI less
..wt by sorifeesel to Ibis esort hi wilds the Mel Maki
take pine at the alhe this lira. As the mob et
that trial Medi affect the position of hie Mist.
the Ismael geadessa sentsosied that the tale eagle cat te
be argused sae ohm the Will had lakes plow
Kr. inak tits pert d the Lew Imliballso, sot
op=sod die Coact grained ti. &Missiles.
stimesei.

BAIL COURT.—YESTEZDAY.
Simms at Nisi Pasurameas Ns. Junks Zara WA 0080Kel
Mum.
PaAortas OP =a Covina.
Mr. lodateMa, La thiamin, d Oa don gm =MN that
is all maims whist ompalat ofliMsoMairmipaolvawera
al altattmo, art makers pramissery mesa, assiotiaa
apotillona in Mr dap without applies*. baleaseit
the wait. when wars 'sly is
gr;seis r oases, negation wwM sot isise aaill
disr•

COURT OF RXCHEQUER.—Twrizmx.
amuses nr BASOD.—lnaaa Low, ftvis Banes Fau.ocs. Mo.
Bum Pew, Ma. Banos Atoeros. AND Ma. Bases Runs.
Monona v. Currox.
Upea this sesej_to whisk reference was ludo yesterday,
being folisdAsTerg. Jame said it had been
twee. tbe and else einether Mira sparAll=
prosissety note
_,l OAK. •
Tin Now Rams.
TM Lad Mg Bares vistaed to infers the preernisa
thin Ike jaigee had set, and &greed Ineweils Adse
to the awed state of the law. They wise aerials=
ever, that it wonkl be of little use to have thorn read is
court, erposially as they night be is.. at any of the
limetor's amore. They were already is operation, and
would be printed forthwith, for the nee of the profession
and the public.
Kr. Berm Alderson—They will govern the practice frogs
to-day.
11111131011 AT Nllll Parrs AT RIBTIIIIONI Na. SUM
_ rum Aso Coerce Perm

bi
This was am mem spat Mr. Wyld, the wellhamen
map-seller, to resew dr ram of 061. 19e. 10d., under a
ameneat, is a lea ha boatmen lien. dated let August,
1845, bees the /bled( (whe held osier the meern), fir
dila *Mine merset el the ham as ohm
eseopled ley the deliadent at Charisma It a=
that the indent, and his father beta him, bed fler
—y years read the premises la tometlea, and the de.
fembet, wider the lease whisk Me hiss referred to, bead
WNW to keep ea lean the same is pool repair. After
be bed quit* abeam, the plaintiff elk* that he found
Kamm to de repairs to the amount claimed ; but it
was smOsedell M the defendant that he had done all that
he was bowed Is do by his lease ; and diej wry seemed to be
of the ems orisisa. It eppeared, however, that Mr.
Wild ha ast onegietsd his repairs by the 24th of June, as
he woo Mimi to dio by the covenant to repair ; and, under
a &testis' of the learned Judge, the jury found for the
plaindff--damages case bribing.

INSOLVENT DEBTORS' COURT.—Years
Sawa Ma. Ocanwswama Law.
Ix Z 2 Cavils. Room' Hoop's..

This fit, •ars at as establiahamat at Se
Wortrosii, ebb seder the Protoctioe wyMr. hr Memo. Kidd, iiasedrafogob leg
r•Tra it bionieeher MINA Nash.
The diseleseres L thb ewe were if a very puddler
eltareelre.
Sleet Ste years ego the insolvent babied, alter ea
itormisbeee of two mouths, • Kn. Jolla liange,who ewe-
seated kinelf as • widow. She had dit. • year, sod Aided
that bar !towhead died at Primo Edward's loia•L
beetroot) beard, about eighties swaths Were
hen her, that she kid a husband law
abe:raisiadd from other eowdest ha (the insolvent)
separated boa her is August Let your. It was
Mated that the was sew abroad. The eeparatioe wag
4 sided mesa% sad ate was &wad to keep the ha l-