The Express.
London, England, 1848-06-16 00:00:00

THE EXPRESS, FRIDAY EVENING, JUNE 16, 1848.

Sosia Clacurra.—Noarn Watook AND encomia Clarerr..- Vaster-
day the !tight Uaa. rtir MOM/A Wllde, Knt., lard Child Justice of the
Comma's Pleas, the Judge appointed to proceed and bold the o nsuing
summer aosisea In and for the aevarod coundes comprised In this cir-
cuit, finally stipulated the dloadus daya foropenlng the commtanion
In each county, vb. :--Montgomeryshore : Sturday, July 2.4 at Not-
town.—Nleriortethshire : Wednesday, July 213, at laolgelly.- Cornier.
yonahlre : Friday, July 28, it Caernarvon. —Anglesey : Wednesday,
Aultuat 8, at loarnarts..—Denbigaliirs: Satunlay, Auguot at
Ruthinntanire: Wedneoutoy, August ti, at Mold. -Cheshire:
Saturday, otuguod 12, at tho Cadle at Cheater . City of Choate'. : Same
day, at the Guildhall of Chesterr.

PRIVY COUNCIL.
RI THB CHIRP JUSTICH OP Sr. Lucia.—A meeting took
place yesterday of • select committee of Council of Trade and
Plantations, to consider the report of certain commisaioners
appointed to investigate certain charges brought by Lieut -
Col. Torrens, the law governor of St. Lucia, against Dr.
John Reddie, the Chief Justice of that colony, concerning
certain libels on the Bishop of lisrliadoes. Thelords present
were Earl Grey, Earl Granville, Lord Campbell, the Right
lion. 11. Lsbouchere, the Right lion. Sir E. Ryan, and the
Right lion. Sir J. Stephen.
Sir F. Thesiger and Mr. Fleming appeared on behalf of
the Chief Justice. N.) counsel appeared en the part of Cul.
Torrens. but it was stated that that gentleman heel handed
in a written statement of the facts on which he meant to
rely.
Sir F. Thesiger, before p necedingto the merits of the in-
quiry, said he thought it hie duty to state that, under his
advice, Dr. ltedilie hail presented a petition to her Maj. sty,
praying to he heard, in the ordinary course in such cases,
be fore the Judicial Committee, that being the only tribunal
competent to deal with matters of law. Ile also felt that
some of the proceedings of which ho complained having
taken place under the direction of the colonial office, he had
reason to object to the constitution of the present tribunal.
Ile (Sir Frederick) considered it his duty to present this ob-
jection to their lordships, and to state that although lie was
prepared to go into the merits, should it ho their lordship'
pleasure, he must do so under protest.
The room woe then cleared, and their lordships remained
in deliberation for some time. On re-admission,
Mr. Labouchere said he was directed to ieforin Sir Frede-
rick Theism r that their lordships considered themselves
quite competent to go into the inquiry upon the Merit*.
Sir F. Thesiger then went into the whole rose, and had not
concluded at four o'clock, when the further hearing was
adjourned till to-morrow (this day).
It appeared that the charges brought by Col. Torrens
against the Chief Justice, were 1. Being the author of cer-
tain letters in a newspaper. signed " The Shade of Poly-
carp," which were considered libels on the Bishop of Barb.i.
does: and 2. Being coati, eted with the said newspaper, one
title of which wu the &dependent Press. Upon these
charges he was suspended by Col. Eiiid, the governor of the
Leeward Islands; but !riving come home and complained to
the Colonial-otfice, he was sent out again, Earl Ori y writing
to Col. Reid that he dial not consider the grounds ail suspen-
sion sufficient. Thereupon Col. Torrens, in hie turn, COM-
phined to the Colonial-oftice thst the Chief J iisthe's rein-
statement was a reflection on his (the colonel's) veracity,
and praying for an inquiry. Earl Grey ultimately directed
that an inquiry should take place before what is called a " do-
mcstic tribunal" in tho island, his lordship also directing Col.
Reid that, in the contingency of &majority ail the court con-
eluding that the imputations preferred by the Chief Justice
against Col. Toners were uniound.d, and that the imputa-
tions preferred by Col. Torrens against the Chief Justice
were well founded, he was to suspend him. Accordingly
tho commissioners having come to the conclusion that the
Chief Justice was the author of the libels, but they hail no
proof that he was connected with the Independen. Press
(although they thought ('d. Torrens hal hail good grounds
for so believing), Cul. Rad suspended him; and hi nee the
present proceedings.

EQUITY COURTS.
Before the Vice-Chancellor of England.
NEW 0111/11R8 OP TOE COL'ItT OP CIIANCEItY.—SeT.III ;
applications were made to the Vice Chancellor during the ,
day, lot' orders fur payment of legacies and dividends paid
into court by trustees and executors under the Trustees In-
demnity Act 10 & 11 Vie. c. 9G. Ills Honour stated that ,
there had been several orders made by tho Lord Chancellor
with reference to this act, which had bees just humid, and
all ordin made in pursuance thereof must be drawn up in
conformity with those orders. The following are the orders
referred to :
ultOalt. IMCED ST lilt Lorae en aS. cilia 0M 1110 10111 OP JUNO.
I. Any trustee Melting to pay money on transfer Meek or emirates
into the nenie of the Aenountent-Beierl of the tburt of Chancery, is
t tie an etlidavit, entitled in the matter of the act and of the trust,
and setting forth-el. Ihs own name and 'Wires. 2. The piece
where he is to be !creed s ith stay petition, or the slice duty pro.
eding or order of the court. relating tl the trust fund. 2. The
*mount of god. -rem
to
or money which he purposes to deposit
or to tranefer, or to pie into court to the credit of the trust.
4.. t short description of the I, u-t, and of the nutriment creating It.
5. The names. of the peasee ilea-net/A in ur entitled to the fend to the
Wet of tne Leon ledge and belief of the trustee. 6. The autnnieeion
of
tile trustee to avower all such inmate+ relating t I the application of
the rue iv% *rental, or homey tratuferreiLdepesited, or land in, under
the act as the court may think proper to mete or direct.
It. The areountent.general me production of on other copy of the
eftidevit, Is to give the ere *wry direction fur transfer,deposit, or pay.
went, and to place the stink, en-until s, or money to the account of
the particular [Mat, and such transfer, &Wall, or payol4nt is to be
certified in the wood manner.
111. The trustee havieg mode the payment, transfer, or deposit, is
forthwith to give notice thereof to the several ',townie muncil in his
affidavit if interested in or entitled to the fund.
IV. such persona, or any of them, or the trustee, may apply by peti-
tion to occasion may require neglecting the investment, payment out,
or distriteinun of the fund. or of the dividentle, or interem thereof.
V. The lemur is to be served with notice of any application made
to the court respecting the Curdy, or the dividend*, or interest thereof
by any party interested therein or entitled thereto.
VI. The parties interested in or entitled to the fund ore to be
served w th notice of any implication mob to the court by the trustee
reap ecting the fund in court, or the intense or di. ,vends thereof.
VII. Nu peteion Ia to be Set down to tie Instil until the petitionet
Ma first mined a place where he may be sv vel with any petition or
notice of any pruxeding, or order 01 the court, relating to the trust
toil.
VW. Petitions premmted and aftlitente filed wider the mid act are
to be entitled in the melt r• f the said act (tus:ll Vic., c. 104 in
the matter of the particulat trust.
That these orders be enter. d with the Register of the Court of
cb...7.—Signed by Lord Corr.:suss and Lord LalloUst.E.

COURT OF QUEEN'S BENCH.
gains* in Banco.

Ix BE HoLmr.e.—Am ATTOILNEY RTRITX OFF THE
Roil. or THE 4,01.117.—1 n this case Mr. Mauler, an at-
torney, had been charged by a client of his with roanapprO.
priming a large sum of money which hail been entrusted to
him to advance on mortgage, and a rule had In en obtained
for striking him off the roll of the court, which was sub-
sequently argued and made absolute. Mr. Anderton now
moved fu- judgment.—Mr. Wyse addressed the court on be-
half of Mr. Holmes, and aloud that for many years, until
this unfortunate transaction took place, he hail borne en it
reproachable character. Ho had returned 1,0001. of the
money within the lest two years, and hoped to have reim.
burned his client the full amount which had been entrusted
to him, when this hostile proceeding was taken. He wished
►incerely to express his contrition fur hating milled his
client by false representation•, and he would throw himself
on the mercy of the court, trusting that they would take
into consideration the great efforts which he had made to
prevent any ultimate injury being inflicted on his client.
Mr. Anderton said he would leave the n atter entirely in the
hands of tl.e court.—Lord Denman said a very painful duty
had been imposed on the court; but they had no choice, for
it was imp ,s-ible that they could keep a person on the roll
who bad been guilty of great dishonesty and concealment fur
a long time. Ile was very glad to find that be had made
some atonement, but extremely sorry that he bad forfeited
his character.

Ex I'ARTB FOWLES, CLERC-SEQUESTRATION OF A
laviso.—The Rev. Odes Powell applied in person for a
rule for a prohibition to restrain the Bishop of Worcester
fr•m sequestrating the emoluments of his living. Some years
e be hid taken the benefit of the Insvlvent Debtor.' Act,
and upon the application of the magnets the Bishop of Lich-
field, in whose diocese his benefice was then situate, seques-
trated the income from hie living for the benefit of his
emli-
tors. Since that period, by come fresh arrangement of the
dioceses, his benefice was now under the jurisdic-
tion of the Bishop of Worcester, to whom the
assignees had applied, and his lord+hip had also
sequ snared the emoluments arising from his benefice.
lie considered this second El vestration to be irregul■r, and
hoped the court would grant him a rule to restrain it, at
any rate until Michaelmas term, •o that he might receive his
income doting the interim. Lord Denman did not see that
there was any informality is the proceeding; and if there
had been, the first sequestration would hold good. Rule
refused.

Heat..

san had anroyed and harasicel him, by brieging groundless
actions egainst him, and getting parties to became plaintiffs
in causes against Mr. Hayes, promising them that he would
conduct the business nn the principle of " no cure, in pay."
There was also the affidavit of Mr. Southey, who stated that
he had never in any way been concerned in the cane of Wm.
Smith. Under these circumstances, the learned counsel Bub-
mined that there was sufficient ground to warrant the ap-
plication which he mete to the court. Mr. Justice
Wightman said he thought Mr. 11 ryes' affidavit did not state
enough against Mr. Adcock, to warrant him in granting a
rule in this ease, hut the learned counsel might apply to the
full court If he thought proper.
En PARTS PEA IWON. H ARLAN CORPIII4.—Mr. Welshy
applied for a writ of hah.sut corpus to be directed to the
keeper of the gaol of Precon, in Lanes-hire, directing him
to bring up the body of a person of the name of Purina. It
appeared that the prisoner had been committed by Mr. Ad-
dison, the judge of the Preston County Court, under these
circumstances: Pearson, who was a non-commissiont II officer
in the disembodied militia, hail been cued for a debt, and
judgment was entered up against hint fur the sum of 51. Ils.,
including debt and costs, and he had been order. n 1 to pay it
by weekly instalment/ r f Is. Having failed to comply with
this order a summons wu granted against him, and not ap-
pearing u on that summons lie was committed to prison by
the judge for 40 d eye. This commitment the learned coun-
sel now continded was bad ; because by 10 Vic., cap. 12, it
was enacted that any drummer, non.cummiwionsil officer,
ffic , on the staff of the disembodied militia, should not he
committed to prison I ictpt for some criminal offence,
for any sum under 301 —Mr Justice Wightman, in granting
the application, said it would be better to have a rule to
show cause, return ibis at chambers, as that would cant the
necessity of bringing up the party in person.
COUNTY COURT l'axcrien --In the CAMP of the day his
lordship delivered judgment in the PUPA of " Lilly v liar.
vet ," and " Owen v. Pearce," in which writs of prohibition
to the, judge of • county court had been applied for. The
first was ea action fur u e and occupation of certain premixes,
and the ground on which the rule for a prohibition had been
moved for was, that the title of the plaintiff t.. the premises
was a question in dispute, and hence the judge had no juris
diction to inquire into the matter. Ili. lordship said it did
nut appear that the objection now taken ever same in ques-
tion before the judge of the county court, and the rule must
he discharged with coats. In the case of " Owen v. I'earce,"
which was an action for trespass, and in which a similar
question arose, his lordship discharged the rule.

COURT OF COMMON PLEAS.
&Uhl, in Bum.
IN Its WATERR O. HANDLEY.— PROSIIItITION AOAINNT
JUDOS or Courier Cotair.—Mr. Naylor moved on behalf
of defendant in the above action for a rule nisi, fur a prohi-
li:tion against the judge of the Clerkenwell County Court.
lle founded his application upon four grounds. In the first
place, this action, in which judgment had been given against
the defendant, was upon a bill of exchange, and it had re-
cently become a matter of doubt whether actions upon hills
of exchange were within the jurisdiction of county courts.
A came of action arising upon a hill of exchange could not
be said to be of any particular locality. and so did nut come
within the 60th section of the County Courts Act, as alining
within a ',Articular district. Secondly, it appeared, that the
defendant had nut been properly served with a summons to
appear; but that in fact the summons had never reached
him, whilst judgment had been given against him
in his absence. Further, the affidavit, negatived
the fact that defendant dwelt or curie t on his business
within the district of Clerkenwell at the time of the plaint
being made, or within six months before ; and, lastly, sup
posing upon the affidavits it was shown that defendant had
resided within six month., the summons was defective in
not stating that it was issued by leave of the court ; which,
in such case, the act directed to be beforehand obtained.—
The Court were of opinion, as to most of the reasons stated,
there was no wound ler the pri sent application. There wan
no doubt whatever that actions upon hi:la of exchange might
be brought in the county courts. The only real d..ubt aug
grated and arising upon the l2Bth sec. was, whether in such
cases, the concurrent jurisdiction of the superior courts was
destroyed, and this only referred to the question of depriving
the plaintiff of his costs fur not suing in the court below.
As to the service of the summons, it had been alr ady deter-
mined this was a matter to lie revised ar.d concfusively de-
cided by the judge of the inferior court, and as to which
this court would not inferfere. With regard to the objec-
tion urged to the writ of summons iftielf, it wan
drawn up in the form framed by t• e judges, which form had
been given as the proper one to be pursued without any re-
striction, and therefore it sufficed here. But, inaimuch as
upon the affidavits there might be a question whether de-
fendant resided or carried on business within the jurisdiction
as required by the act, though probably the opinion of the
judge helow upon that point alts was conclusive a rule nisi
noon this latter ground would be granted ; but no notice or
this motion having been given the granting of the rule
would not operate as a stay of proceediage.—ltule nisi
granted accordingly.

COURT OF EXCHEQUER.
Sittinga is tome
Symonds r. nw COVNTY
TlOlUkl.—This was a rule calliug on the defendant to show
cause why an order of Mr. Baron Platt should not be set
aside. The plaintiff is a horse jobber at Oxford, of which
university the defendant was an undergraduate, and he
pleaded infancy to the plaint, whereupon the plaintiff re•
plied "neecssaries." On the 23rd of May the defendant had
notice that the plaintiff had applied for a jury, and having a
douot whether an infant undergraduate would get justice
from a jury of Oxford tradesmen, he applied on the 25th to
Mr. Baron Platt for a writ of certiorari, to remove e cause
into a superior court, ;mil. r the provisions of the 90th sec-
of 9 & 19 Vic ,c. 93. This application was heard ex parte
and an order granted, which was served at Oxford just in,
time to stay the trial of the plaint on the 2Gth. Subsequently
this rule was obtuiued by ate plaintiff to set aside the I
certiorari, and fir a writ of pracedendo, on the ground
that the learned baron had no power to proceed ex parte.—
Mr. Whately and Mr. Barton on Wednesday showed cause
against this rule ; and Mr. Keating having appeared in sup-
port of it, the court took time to consider.—Yesterday, Sir
F. Pollock delisered the judgment tit* the cour., to the effect
that the proc-edings were quite regular, and that there wan
no necessity for the defendant to summons the plaintiff. The
Judge had power to tweeted ex parte, and to give such judg.
ment as to him apps send right and proper under the 90th
see., though huh parties were not before him, and ostler the
circumsia ccs it was inapt:sad/le to Pay that the defendant
was no justiliA iu his desire to avoid a local jury. The
rule must thee. fore be discharged, and with ctists.—Judg-
ment accordiney.

ARCH ES COURT.
Before Om Itereert Joiner Feet.
Tug CAPE or Mkt. liOnllAsl.—The Queen's Advocate
applied to the court for rn admonition to compel the Bishop
of Exeter to induct the Rev. Mr. Gotham into the living of
Brampton Speke, Devonshire, which had been presented to
him. Ihe learned advocate cited the authority of Black-
stone, book 3, chap. IG, who held, if a living were left
vacant six menthe, the right of prtsentation would lapse.
The patrons had the power of appealing to this court when
the bishop refused the admonition. He also gu.,hd Wat
son's Clergyman's Law," page 231, where the bishop re-
fusing, the remedy is an appeal to the Ecelesia-tical Court
by duplex qui vela; and also riferred to the case of
Hubbart, page 15, where Sir Timothy llubbart appointed
a clerk, who was refused induction by the bishop lie ap-
pealed, and probathm was granted.--The court said it would
heifer the decree to go tor fifteen days. The party was
ready to subscribe to all the 'imagery Oitka by law required.

POLICE.—YEriTEBDAT.
OtTILDIIALL.—Tne FONGEHY ON MR. GUTRRIE..
Mr. I...wis, soli. itor, attended this court, in company with
:qr. Charles Gardiner Guthrie, the son of Mr. George James
Guthrie, the well-known surgeon in Berkeley-street, and
said that he wished to make a short statement with respect
to a rep ut which had appeared in the newspapers, and in
which his client's name bad been mentioned. It would be
recollected, said Mr. Lewis, that a man named Harm
Frederick Kohn was clients d with uttering a forged bat of
exchange for 2101., purporting to be drawn by Charles
Guthrie on George dames Guthrie for two months, and
dated the 29th of March. It was presented at Ms gars
Hosre's and Co , the bankers in Fleet-street, but payment
refused, and after two examinations the prisoner was dis-
charged, it evidently appearing that he was only the dupe of
Ln-Rho person. During the investigation, in manse-
qunnee of the writing being such an excellent imi
tation, Mr. Charles Guthrie's name was incidentally
mentioned as writing a similar hand, but at that time he was
on the continent. On seeing the reports in the newspaper
he came direct to London, and went to the station-house to
inspect the forged document, when he deni-d all knowledge
of it or that it was in Lis handwriting, although it bore •
very clan vsemblance. It shsuld be observed that
an attempt had previouSy been made to get possession
of Mr. Outline's pass-boor, for the purpose of seeing
what amount of money was I)inc in that gentleman's
name. Mr. Charles Ganliner Guthrie now attended
to give a public denial of all knowledge either of
the document in question or of the guilty parties
Ald. Musgrove observed that if ant unpleasant inferences
were drawn from the former newspaper reports they would
be removed by Mr. C. G. Guthrie having come over to this
country tor the purpose of giving a flat contradiction to any
supposition that might arise in the minds of parties, as it ap-
peared he was entirely ignorant of the whole transaction.
BOW.STREF.T.—THE Datunv LANE RIOTE.—S.
a comedian, wail charged with riotous and disorderly conduct
in Drury lane Theatre, during the second performance of
" Monte Cristo " by the French company on Wednesday
evening. Mr. Chapple appeared for the prosecution, and
Mr. Symons attended as counsel for the defendant.—Mr.
Davis, clerk to Mr. Chapple, said that he was in the theatre
on Wednesday night. A grail disturbance was created by a
numb( r of persona, among whom the prisoner was one of the
most prominent. Mr. Cowell was in the pit. lie stood on one
of the seats, and flourishing a stick over his head, cried out,
S:ick together, my lads ; see what a few Englishmen can
do when they stick together." He sat down after awhile and
cried out, " Sit down !" on which nearly all the rioters fa
the pit sat down. When he rose again they also rose. The
noise of stamping, shouting, &c , completely drowned the
voices of the performers. Several of the seats in the pit were
torn up. The prisoner at one time held up a large placard.—
Cross-examined: Did not perceive that there was anything
indelicate in the performance. Did not see the whole.
There was no disapproval expressed of any particular part
of the performance.—Mr. Chapple corroborated this state-
ment of Mr. Davis. In cross-examination he said, there
were a great many French in the pit, who applauded vio-
lently. lie acted as solicitor for the lessee, Mr. Beale, and
for the proprietors, and had a general authority to act on
their part. He had spoken to Mr. Beale on
the subject of these disturbances. Had no special re-
tainer.—Mr. Hall intimated his opinion that this ease ought
to be submitted to a superior court.—Both Mr. Chapple and