The Express.
London, England, 1853-04-29 00:00:00

VAX Intelligence.

HOUSE OF LORDS.-YESTERDAY.
Anima.

The judges atteaded to deliver their *pinions on two
eases which had bma submitted for their eonsiderstion.
The learned judges present were, Chief Baron
Barons Parke, Alderson, Platt, and Martin; hulk*. Colo.
ridge, Mauls, Wigbtman, Erle, Williams, Talfourd, and
Crompton.

Gissox O. BmALL.

This was an appeal from a judgment of the Exchequer
Chamber on a writ of error. The question raised by the
writ of error was whether a warranty that a ?easel was
" seaworthy " at the commencement of the risk was im
plied in a time-policy. The action was on a total low on a
time-policy of insurance on the ship Susan, from the 26th
of September, 1843, to the 24th of September, 1844, both
days inclusive. A verdict was found by the jury on one
of the pleas, which was to the effect " that at the time of
the commencement of the risk mentioned in the policy the
vessel was not seaworthy." A motion was made by the
plaintiff to the Court of Queen's Bench, end a rule ob-
tained for a verdict " non °Wants veredicto," which was
discharged at the hearing. A writ of error was brought to
the Court of Exchequer Chamber, and the jadgment of the
Queen's Bench was reversed, and it was decided that the
plaintiffs were entitled to judgment "non obstante
veee-
dicto." The case was brought to their lordships on
ap-
pesl, and argued before the house, assisted by the judges
in December last, when the learned judges askod for time
to consider their opinion. The judges having differed those
who heard the arguments in the appeal now delivered their
opinions "seriatim," intimating by a majority of 7 to 2 that
the decision of the Exchequer Chamber was right, and that
there must be judgment for the plaintiff below.
On the motion of Lord St. Leonardo their lot dships' opi-
nions were ordered to be printed, and the further considera-
tion of the case adjourned.

COURT OF COMMON PLRAl3.—YzirrraDAT.
Frrrinos le Banco.—Baroas eery James Inns, Ma. Junin
Cluoiswax, MR. JONI= WILLIAMS. AIM 112. JUITICII ULM'S.%

WALKER. E. BP.ANDELS.-: THE LATE FLOODS.

The ilainriiiiiiihi7c;;;;Ougtiiior,;;;•;retiePrice of
certain work done in heightening a bank round a piece of
land situated at the junction of the Lea and the Thames,
and which bank was damaged by the late floods. The sum
claimed was 761. 13e. 7d., and at the trial, before Mr. Justice
Talfourd at the last sittings in Londeo,. the jury gave a Ter-
diet far the plaintiff for the amount claimed.
Mr. Montagu Chambers, Q.C., however, now moved :for
a rule for a new trial, upon the grounds that the verdict
was against the evidence, and surprise. The facts are
shortly them The piece of land embanked is
held by trustees, who let it, at about 4001. a
year, to several tenants the defendant holding
premises for which he pays 661. a year. Some time ago, the
plaintiff was employed by the trustee' to heighten the
bank, and he was alio in the habit of keeping it in repair
for theta. In November last, the flood broke away part
of the bank, and flowed over another part, and covered the
whole of the land. The plaintiff repaired the bank and
raised it all round about a foot in height. His case was,
that he was employed to do the work by the defendant,
but on the other side this was positively denied. The
learned counsel went through the evidence, and contended
that the weight of testimony was clearly in favour of the
defendant. As to the point of surprise, it wasstated, that
the
aintiff has on several occasions said that when he was
employed to do the work there was nobody present but the
deFendant's foreman. At the trial however, he swore, that
his (the plaintiff's) foreman, was aloes present en
that occasion, and the foreman confirmed the tes-
timony of his muter. It was now urged upon
the court, that :the defendant bad gene to trial,
prepared to meet the statement, that the engagement had
taken place in the presence of his own feramea, and that
the different evidence given by the plaintiff bad takes the
defendant by surprise. The result wee that **Nedaa et
the ease had not been met, end it was submitted that, under
the circumstances, there ought to be a new trial.
The Chief Justice said the affidavit merely stated the sur-
prise,
but did not go on to way that if the rule were muted
the case could be altered. As to the verdict being against
the evidence, the whole case was before the ury, and the
judge reported that he wasnot dissatisfied with the verdict.
Bale refused.

COURT OF

-YESTERDAY.

Bern's§ zit Hum.

Alaxsarnsis e. Danes.
The court was occupied until 2 o'clock (when it rose to
enable the learned jadi to attend the House of Lords)
in beefing this esse, which was not concluded when the court
rose.

damns AT $m YAM AT WIINTIONIPTIIIL—BRISi Ni. DAMN
Air AND • Como* iVII,T.

I3ADLNR Y. WILLIRMS.—FALSE IMPRISONMENT.
The plaintiff was a etwantercial traveller, who had been
in the defendant's saviso, and mesa question having atisse
as to their scam% the tioasedeat had__the*Matifftalsen
into custody, and conveyed to the ltembeeme en •
charge of antbesabweent Upon the mtbledea of *o=
however, it was *mod that tatit made bp dm p
wore all oormet, and that bola buideps *edit he every sum
be bad received ; the oar la dirt bolas the
emesat he was satided to for trove ezpeness.
Ho bad takes meat ter SM. a day, but the. de t said
Mid was mom then be meld justly claim. It further ap-
pend that lbs pileintiff had applied to Mr. W. Clayton, of
Wrlllegintose, portamer, Ito., for a situation es • traveller,
bat thedollimblet Old that gentleman that he had missp-
ent* albs mammy he had received when on his
and Mr. Clayton consequently declined to take the
tots his service.
, The Jan *mad a verdict for the plaintiff. Damages 401.

INSOLVENT DEBTORS' COURT.—YwrzaDAT.

Bayou Mt. COIOUNIONIZ Pumas.
IX Tin )(ATM OP .10111 PH HAZE.

This insolvent, whose ease was before reported, appeared
for adjudication. A lady named Dillon made a complaint
of the manner in which the insolvent had retained a large
sum of money belonging to her. A settlement was recom-
mended to save an adverse judgment, and since the last
occasion an arrangement had bees made.
A person named Sutton claimed to be a creditor. Re
I had appeared on the last occasion, and his opposition was
not allowed, as he was not a creditor. It was now alleged
that he was " bewildered" on that occasion. and now
produced several bills of exchange. After some discussion,
the present application ended in an application for title
aaeigneeship, which was refused. He declined to oppose
out of feelings, he said, to the ineolvent's
Mr. Nichols said Mrs. Dillon withdrew from the oppo-
sition.

Ifr. Doak for the insolvent, apprehended he would be
ditralLtimisser. Phillips told the insolvent he had been
well advised, sad as Yrs. Dillon bad withdrawn from the
opacities he visehl be disabused.
Re am aessediegig
Meer Ids awe was evardidit rathe indiscretion to attempt
to intaglio with the repulses respecting the ease.

THE POLICE COURTS.
SOUTHWARK.

Joseph lailsognst,;Frenchman, wee charged with
shooting at, and wounding Mary Kereptoe, a dressmaker.
The complainant, who seemed to be exceedingly week,
and was compelled to be supported to the witness box, en
being sworn, stated that she lived in Zoarwreet, South-
wark, and that on the previous night, about 9 o'clock, she
was taking some work home. Ia walking along Union-
street, near the corner of Gravel-lane, she was in the act of
erasing the road to avoid a crowd of pawns collected on
the foot pavement near a grocer's shop, whoa she heard the
report of Sze arms and immediately Mt that she was
struck with sousethithi ender her left thew% sad at the
sews thee was
sew the primer bedew sawaspoil he aMa maths. Ilse had n
It eppeered free' the widow of other Masse that at
the how of the eseisewe the defendant, who is ignorant
of the geglish losseese, was being Mewed sad sawyed
by a weed of athilavies boys who Awed his sod tried
to trip b sp. No pelleseeen or ether penes owe to his
aid, and in a asonst of initatiels he died at one of the
boys, who the pistOl dropped down, end the ball
swish themeyews woman who was weideatelly passing.
The prisswe,wko expressed his deep regret, was re-
otasawL

COURTS-MARTIAL AT MALTA.—First Lieutenant of
Marines Newton, on board the Bellerophon, was dismissed
the service on April 21, by sentence of general cotut-mar-
tial, for neglect of duty and insubordinate conduct. Ac-
cording to popular notions, the sentence is disproportioned
to the offence, and Its severity is said to ham caused sur-
prise.—Commander Tatham, Lieutenant Morgan, and
Second Master Heathe, have been sentenced, the two first
to be severely reprimanded, and the letter admonished to
be more careful in future, for getting the Fury on shore on
the let inst., off Brindisi.
RING EDWARD RAGGED AND INDUSTRIAL
&noose, Serraurzmns.—These schools, which are the
largest of the London ragged schools, held their annual
meeting on Tuesday. Their spacious school room was
filled by a large audience, presided over, in the absence of
the Earl of Shaftesbury, by Charles Banbury, Esq. The
report announced the li:tendon of the eommittee to open at
once a refuge, on a large seals, for the destitute girls of this
very dense and needy district. Various addresses were de-
livered, and a liberal subscription was announced, which it
is to be hoped will be lardy augmented.

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