The Express.
London, England, 1853-02-28 00:00:00

Utz iinteitigence.

EQUITY COURTS.—SAnnwAy.
Surma ewe UMW asuman.
EVANS V. EVANs.
In this eau, which was an appeal from the Master of the
Rolls, and which involved a question of settlement on ar-
ta= sates, the court ou a fanner occasion took time to
semitheeme ed pante betught before them ; namely,
whether urban estates belesiging to Mrs. Evans, one of the
parties, were chargeable with certain incumbrances. The
facts are of no interest except to the parties concerned, and
it may suffice to say, that the Lord Chancellor now con-
firmed the decision of the Muter of the Rolls, which w-•
that the retells were' am. •
•ra.cot .
_ —.a appeal was therefore dismissed on all the points.
Re CUDIVING.—LVIACT.
In this case, which has been so frequently before the
court, it was on a former occasion decided by the court
that Mrs. Cumming was entitled to traverse the
inquisition, which bad declared her of unsound
mind. Afterwards by the advice of the Court
an arrangement was proposed to enter a supersede's and
to secure to Mrs. Cumming an annuity of 6001 a year, and
that all the costs which had been incurred should be paid
out of her estate, but not until after her death. The only
question that remained was whether the court could grant a
supereetteas without its being clearly ascertained that Mrs.
Canaan was not of unsound mind, and also whether the
saparsedeas should be granted unconditionally and without
reference to any other arrangement between the parties
=named.
The Solicitor-General appeared on behalf of Mrs. Cum-
ming, and moved that the traverse should issue, as the ar-
rangement proposed had not been acceded to by all the
parties.
The Lord Chancellor said, as that was the case, there was
no alternative but to allow the traverse to issue.

EDWARDS O. CHAMPION.

In this cue the question was whether there was a sever-
ance of a joint tenaney. The arguments were only opened,
when
The Lord Chancellor said he thought this a cue in which
he ought to avail himself of the provisions of the late act of
parliament, which enabled the courts of equity have the
assistance of a common law judge, instead of as formerly
sending a case for the opinion of a court of law. Tho hear-
ing must, therefore, be postponed till next term.

Buono Twit Mania or TEs 7,0u.a.

IN 1E TUB MANCIIISTZZ NZW COLLZOI.—EDUCATION
OF PILUBYTERIAN hinttstsms.—PirrtioN FOR REMOVAL
TO LusDON. - . _

This was a petition for the removal of Manchester New
College, founded for the education of presbyterian minis-
trs, and of the sons of persons of that persuasion, from
Manchester CO London, in enter that it may be placed, so
far as the literary and scientific departments are concerned,
in connexion with University College. It appeared that,
after the Act of Uniformity, one academy for the education
of presbyterien ministers was conducted by Mr. Frunklantl,
one of the ejected ministi re at Rathmel, in Craven, York-
shire, which was extensively supported by the presbyterians
of the north. After his death sitular academies were founded
successively at Altercliffe, in Yorkshire, at Kendal, at Fin.
dern, near Derby, and then at Warrington. The academy
at Warrington was on a comprehensive scale, and subscrip-
tions towards Its foundation and support were extensively
made by the presbyterians in London, Liverpool, Birming-
ham, Manchester, Bristol, and other places. The institu-
tion at Warriogton having declined, a meeting of the trus-
tees, being subscribers to the amount of two guineas an-
nually or benefactors to the amount of 20 guineas, was held
on the 22nd February, 1788, at which it was resolved that
an academy should be established at Manchester, under the
direction of the Rev. Thomas Barnes, D.D., and the Rev.
Ralph Harrison, and those gentlemen having accepted the
office the academy was removed to Manchester, where col-
lege buildings were erected; and the library at Warring-
s, consisting of several thousand velumes, was presented
* the institution at Manchester, and the scientific IMPe-
Mine to • similar establishment which was about to be
howledat Hackney. The Hackney College was closedin 1795,
sad is 1803 the Manchester New College was removed to
Tea, and placed under the care of the Rev. C. Well-
beloved, and during the time it was at York it was in •
state of great prosperity. The Rev. C. Wellbeloved having
intimated his intention to resign, a meeting of the trustees
was held in December. 1839, at which Mr. Mark Phillips
moved, and Mr. W. Rayner Wood seconded, • resolution.
that it was expedient that the college should be removed W
London. An amendment, however, was moved to subs&
tuts Manchester for London, which was carried by 17 vein
to 1.5, and the institution was removed to Manchester
aceordiagly. Duller the time the institution was at Yoh
several legacies were bequeathed to it, with which the
trustees purchased two estates at Oxclose and Litigator. k
Yorkshire, for 9,0001., which, together with Os
buildings in Manchester, which were converted fate=
ling-houses in 1800, valued at 4,0001., and alma ls7Mi. be
railway debentures and 5001. stock, eenstitute the Oso,.ertf of
the institution. Since the removal of the institution bath 10
Manchester it has not flourished, and the eumher of students
have declined and the subscriptions fallen off, so much se
that while in 1841 the divinity students were only 11 sad he
18.51 only 8, and the lay students who in 1841 numbered 17
bad in 1851 decreased to 8, and the subscriptions have k
like manner fallen off from 1,8401. to 7911. On the Bth et
December, 1852, a meeting of the trustees was held, se
which it was resolved, by 38 votes to 4, that the institution
be removed to London, the students to be placed at Unine-
, city Hall, where theological instruction can be afforded
them, and that the institution be placed is connexion with
University College, so far as the scientific and literary edu-
cation is concerned.
The Solicitor-General, who appeared in support of the
petitioa, urged that the institution was not one of a local cha-
easter, but was supported by Presbyterians in the whole of
She kingdom, it being the only one iulingland, and the right
of the trustees to remove it from place to place had been
exercised several times and had never been questioned
till now, and now it was questioned only by Mr. W. Rayner
Wood, who had fornerly been one of the principal advo-
cates for its removal to London. He admitted, however,
that he might in some degree be himself to blame for this,
as aloug with Mr. Boundell Palmer he had given an opinion
that the inatitutioa could net legally be removed to London.
That opinion, however, was given in a case in which the
facts were very imperfectly stated; and now that the facts
were fully laid before him, he was of a contrary opinion.
He contended that net only would the removal be legal,
bat that it would be advantageous for the institution, inas-
much as the cost at Manchester for literary and scientific in-'
struetion to the divinity students in 1850 was 8181., while
the same isetraction could be given in University College
for about 2001., leaving a large fund applicable to the other
funds of the college and to theological instruction, which
was the main object of the institution.
Mr. Ifoundell Palmer, who appeared for the respondent,
Mr. W. Rayner Wood, contested the leplity of the pro-
potted removal, and contended that the institution was in-
tended for the Presbyterians of the north et England, and
that Manchester, which contained professors of all descrip-
tions, besides other educational advantages, was a peculiarly
fit place for such an institution.
His Honour reserved his judgment.

COURT OF BA]
BIPOIII It..

N.—SATURDAY.
Govs.scur.

Ix in HANNAII.-01•110111111IDER zxn PINAL SICTION
The bankrupt, W. J. Hannan, was described ass wine
rind spirit unnehant, of Brighton. This was the certificate
meeting. His accounts extended over fifteen months prior
to the failure in November last, and contained some consi-
derable items.
It appeared by the statement of accounts that the bank-
rupt hail no capital when he commenced business, but on
the contrary was insolvent to the extent of 6291. This de-
ficiency is now increased to 4,1711. tie. Ild., after a period of
only 16 months. The creditors for goods are mostly vouched '
by the bankrupt's books and accounts. Mr. J. Fetter is
returned as a creditor for cash lent, 3751. 10s. No entry of
this is made in the bankrupt's cashbook, but he states that
3201. of the amount was bad on the 22nd October, 1851.
The banker's pasahook shows that he paid in 3201. on that
day, but there is no entry in his books to show that it asses
from Potter, who is an assistant to the haakrupt. W.
Tispy is also returned as a eteditor for 2031. for .calm
advanced to the bankrupt upon security of wines, *e.
These advances do not appear in his original euhbook.
Upwards of 3001. of the liabilities of 6641. arises from as
commodation bills. The profits are returned at 6211.;
the expenses amount to 2,5761., of which 1,9801. are
vouched by entries in the bankrupt's books, and by es
ceipte and accounts. The losses amount to 8911. The sum
of 1001., charged as loss on sales by auction, is an aratemall
loin incurred by the bankrupt in selling wiriest**.
amount of 8291, at various times. There is nothing
the cost price of those wines. His sales and
pear to have bzen entered regularly in his WAS. 'lt
cashbook is very imperfect. The bankrupt only added it
up monthly, but
omitted on both sides, and the result is an estimated expen-
diture of 5951. The bankrupt has rendered every informa-
tion resing his estate that I require.
Me. ley opposed the bankrupt on behalf of the as-
deems. he principal grounds of opposition were that the
basibrupt bad begun without capital, had gone on trading
issolvsnt, and had also brought himself within the
peal sections of the act by obtaining credit by means of
fniad or false pretences, and by omitting to make proper
entries le his books with a view to deceive his creditors.
There was also a special groand of opposition on the part
of Mr. Alderman Hooper, the trade assignee, from whom
the bankrupt had obtained six pipes of wine shortly be-
tare his failure, which wine he had transferred to Mr. Tin-
sey, of Regent-street, as security for advances of 2301. and
1301. 1 his wise had been retained till the bankruptcy,
when it was redeemed by Mr. Hooper paying the full
charges.
Mr. Lisklater, in support of the bankrupt, called Mr.
Tingey who stated that he first koew the bankrupt when
he was clerk in a house in Crutchedfrian, and had some
transactions with him on account of his employers. The
first transaction with him on his own account was in Nov.
1851, when wisnew advanced him money on some wine
warrants. The advance was made by discounting a three
months bill for 351. Witness charged 365. discount, which
was 20 per cent. per annum. \Vine warrants were depo-
sited as security. In February last advanced bankrupt
2301. upon a bill at the same rate of discount ; he deposited
four pipes of port as security, which were placed in the
Pantechnicon, in Tottenham-covet-road. In May ad-
mimed him 1301. mere, and got other three pipes of wine
Which were to be bottled. They remained till the bank-
ruptcy, and were then redeemed by Messrs. Hooper on
peeing the charges.
The hearing occupied two days, the evidence being very
voluminous ; but the leading facts, as well ea the applica-
tion thereto of the law, all fully embodied in the judgment
which hie Honour now delivered.