The Express.
London, England, 1847-12-09 00:00:00

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reeled by the act, and no woluation had taken place, the
company had entered upon the plaintiff's' land with carts and
other implements, and bad deposited bricks, and made pro-
vocations for commencing their works.—TheVice-Chanceacc
granted the injunction.

Before ilce-Chancenor Knight Brass.
PIAILISOW O. GOULDEN.—TLTIISS.—LORD TINTERDSN'II
At-r.—Theee were four tithe suits instituted by • vicar to
recover certain small tithes in the townships of Titherington,
Siddiogton Upton, and Fallibroome in the parish of Prat-
bury in Lancashire. '
The defendants relied upon the fact of
the tithes having never been paid within the period pre-
scribed by Lord Tenterden's ast (2 & 3 Will. IV., c. 100).
—Mr. Russell and Mr. Lloyd, for the plaintiff, contended
:net this was a case in which nonpayment (although a no-
tative fact) must be proved by the party alleging it, and that
the evidence was insufficient. They also contended
that, according to Vice-Chancellor Wigram's decision
in "Salkeld v. Johnson" (1 Here, 196), proof of users
non-render of tithes during two incumbencies, and three
years or a third, was only a sufficient defence in cases where,
nefore the act, exemption from paying tithes might lure
been lawfully pleaded ; es, when the lands had been abbey
lands, within which class of cases the present wee not
drought; and that the judgment of Vice-Chancellor Wigraro
in the above case must be considered as binding, the court of
law to which the Lord Chancellor had, upon the appeal, ..ent
the question, being equally divided in opinion. Mr. Wigs am,
Mr. Eagle, Mr. Bacon, and Mr. Lewin appeared for the
several defendents.—The Vice-Chancellor said that he was
prepared to decide in favour of the plaintiff as regarded the
Atha of hay, if the plaintiff pressed for an immediste deci-
sion. As to potatoes end turnips, he would allow the case
to 'Landover until the plaintiff obtained the decision of a
Osurt of law in an action, under the statute of Edward VI.
And as to %lament (which could not be the subject of the
action) his Honour would have no difficulty in giving • deci-
sion in favour of the plaintiff, if he succeeded at law upon
the question of the other tithes. The case then stood over
:or the terms of the action to be arranged.

COURT OV QUEEN'S BENCH.
Bitting, is Banco.
SATZBE V.DCFOI7I.—AIf ACTION FOR A SALARY DWI TO
AN INSOLTENT DEBTOR WHO HAs FERMENTED A PRTITIO3
FOR Pandering UNDER THE 5 & 6 VICT., C. 116, NM Be
EROUORT BY Till OrricAL ASSIONEE.—The plaintiff
brought this action to recover a salary due to him. The
defendant pleaded that the plaintiff was an insolvent debtor
snd had presented to the Court of Bankruptcy a petition for
protection from process, and that an official assignee had
been nominated by the commissioners to act in the matter of
the said petition. The plaintiff demurred to this plea. The
first section of the 5 & 6 Viet., e. 116, after empowering an
insolvent debtor not being a trader, or being a trader owing
less than 3001., to present a petition for protection from pro-
cess, and authorising the commissioners of bankruptcy to
grant such protection, enacts that " upon the presentation of
any such petition all the estate and effects of the petitioner
snall forthwith become vested in the official assignee, who
shall be nominated by the commissioners acting in the
matter of the said petition ; rind such official assignee shall
and may forthwith take possession of so much thereof as
can be reasonably obtained and possessed without emit ; and the
said official assignee shall hold and stand pomessed of the same
in like manner as official assignees hold and possess estates and
effects under and by virtue of the statute relating to bank-
rupts." The question raised by the demurrer was, whether
the right to bring the action for the plaintiff's salary
vested by the operation of this section in the official assignee
'or remained in the insolvent. Mr. Hawkins, for the plain-
! tiff, contended that the right to sue on a contract for salary
did not pass b the section above recited to the offisial as-
' signee.—Mr. Jones was heard in support of the plea.—Lord
Denman said that he held clearly and undoubtingly the
opinion that the right of action on which the plaintiff had
I dimmed to sue had passed to the official assignee, and there-
fore that the action could not be maintained. The words of
the statute which vested in the official assignee all the estate
and effects of the petitioner, were positive and absolute, and
were not restrained in their operation by the subsequent
words, which directed the official assignee to take possession
so much as could be reasonably obtained and pommies&
7;ithout suit. The introduction of these latter words was
only to be accounted for by the unfortunate practice of the
legislators in putting off till the month of August mea-
sures of extensive operation, then hurrying them
forward, and in the hurry introducing unnecessa-
rily, as in this instance, into provisions that would
otherwise be clear, words that created doubts and disputes
where no doubts and disputes ought to be possible. The
doubts which in this case had been raised, by the introduc-
tion of those unnecessary words, were completely set at rest
by that provision of the section which put the case of an
insolvent on the same footing, in respect to the transfer of
his property to the official assignee, as other statutes had
placed a bankrupt. The demurrer, therefore, must be over-
Med.—The other judges concurred.—Judgment for the
defendant.

Nib Pans.—Betare Mr. hence Erle.
JOENSON e. WYLD.—ACTION POE Use AND OCCUPA-
noN Or PREMIUM AND 8111•11-POWSL—The action was
brought by Mr. W. J. Johnson, the proprietor of the Nassau
Steam-preee, against Mr. Wyld, M.P., the lithographer and
mapeeller at Charing-cross, to recover 4201. for the use and
occupation of certain premises in Bt. Martin's-lane, and for
the use of steam. power in working a lithographing machiae.
The sum charged for the premises was 1751. a year, and for
the use of the steam-power 1501. a year. Evidence was
called to show that the premises were taken, and the ma-
chine placed on them, and the steam-power supplied, and
agreements were read by one of the witnesses as to
the terms on which they were let, but neither of them
ware signed or executed by either party. It was also proved
that the premises had been occupied from October,
1845 to Christmas previous to the making of
the agreement for the hiring for three year.—For
the defence it was stated that it had been agreed to set
off 2391. due from the plaintiff to Mr. Wyld, against the sum
due for the rent of the premises, and far the me of the
steam power, together with several other sums amount.
ing to 551., due from Mr. Wyld to the plaintiff. It was
urged that these sums would be overtopped by the 2391. The
agreement with regard to the premises, which bad been
read, if it was snything was a lease, and by a recent act of
parliament, with respect to contracts, 8 & 9 Vic , c. 106, and
which extended the principle of the statute of frauds, requir-
ing such contracts to be in writing, it was necessary that it
should be a deed perfectly executed. This document,
which bad never been signed or executed, purported to be
an agreement for the letting of the premises from
Christmas 1845, for three years, and should have
been a lease completely executed, and not being
so, Mr. Wyld was not bound by it. He bad never
made any final arrangement as to the terms, and was ready to
pay the value of the occupation of the premises, which ware
not worth 1751. a year, but about 751. With regard to the
steam-power, the agreement as to what was to be paid for
that was never signed, and Mr. Wyld did not assent to that
agreement, nor did it bind either party to anything ; where-
as, by the statute of frauds, every contract for more than a
year was required to be in writing and signed. The full
yearly value of the steam-power was not more than 501.
The rent of the premises at 751. a year, and of the steam-
power at 401., for the time (four months) they were
severally occupied and used, added to the 551. ad-
mitted to be due from Mr. Wyld to the plaintiff,
would not amount to the 2391. admitted to be due
from the plaintiff to Mr. Wyld.—Witnemes were called to
prove that the press was worked irregularly, because the
steam-power was irregularly supplied, and caused the
breaking of the machine ; that the machine worked well in
premises in the Borough, where it was before it was taken
to fit Martin's-lane, and ;the steam-power supplied there
was 'efficient ; also, that there was not euffirient steam-
power to work the machines used by Mr. Johnson end Mr.
Wyld at the same time, and consequently the machine of the
latter was constantly stopped; also, that the charge for •
two-horse steam-power (that required by the machine in
question), including premiam, would be 901. a year; but if
the power alone, without premises, were hired, 801, would
be a good rental; also, that 7W. per annum was the utmost
value of the premises, and that possession was given up in
June, 1846, although the keys were net offered till De-
cember, 1846.—The learned judge, in summing up, left it to
the jury to say what was to be paid for the premises from
Christmas, 1845, down to December, 1146, without reference
to the agreement to let for 1751. a year, as that was shut out
by the technical objection; 2ndty, what fee the steam power
for the same time ; and 3dly, how much for the occupation
of the premises from October, 1845, to Christmas of that
year. The jury returned a verdict for the plaintiff, da-
rariter the rent from Christmas, 1845, to December,
i 51.; for the use of the steam power for the same time,
1501.; and for the occupation of the premises previous to
Christmas, 1845, 401. ; which with 651. admitted made 4201.;
deducting 2391., due by Johnson to Wyld, left a balance
of 1811.

COAST OF COMMON PLEAS.
Sittings in Demo after term.
1411X157 O. H/CIUNAN.--QUESTION UPON THE GAMING
Liana—This was an action brought to recover 201., money
bed mid remind by the defendant to the use of the plain-
tiff. The ease wu tried before the Lord Chief Justice, at
Weeldaster-hall, when • verdict was found for the plain-
t& A rule nisi wit afterwards obtained to show Clllll4 why
that verdict should not be set aside and a nonsuit entered, on
the ground that the learned judge had misdirected the jury.
The facts of the cue were simply these :—The plaintiff and
• man named Isaacs had made a wager of 201. a side upon
a race to boron by two horses, and the plaintiff hail depcmted
his share of the stakes with the defendant. Previously,
however, to the day appointed for the race, the plainuff
gave notice that he should withdraw from the bet, and
accordingly the man ludas, having acted upon the original
agreement, had "walked over the course," and claimed
the amount of the wager. The plaintiff afterwards applied.
to the defendant to return bin the money which
had been deposited in his hands, but the defendant refused
to return it to him, sad thereupon the action was brought.—
On bokalf of the defendant it was untended that, according
to the 18th section we the Bth mad 9th Vic., chap. 109, the
seder yes not amiateleehis. The statute referred to enacted.
that "efleßeaeMme whether by parol or in
writing, by may et er iigba, shall be null and
odd ; and no sok be bale& eimaintained in say
court of law megelepihr the rommiry at any sum of money
or valuable thing be wen tepee pea a yoga', which
shall be deposited linisie te
Made of any poses to shade the
event upon which any were shall have bra made" The
guestica now before the meet depended entirelybisfs
semersetion of this statute, sad the court, after
=lllt Talfourd and Mr. PM= in favour of the
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