The Express.
London, England, 1846-11-10 00:00:00

THE EXPRESS,

COURT OF EXCHEQUER.
Sittings In Banco.
WELBT V. BEOWN.—INTRREITING TO PAINT( OFFICER/1.
—This was an action on an attorney's bill, tried before Mr.
Baron Platt, at the last Middlesex sittings. It appeared at
the trial that the defendant was, in 1839, one of the overseers
for the parish of Abbotts Bromley, and while he was acting
in that capacity, he retained the plaintiff to conduct the busi-
ness of the parish in certain proceedings arising out of an
order for the removal of a pauper to the township of Wolver-
hampton. In consequence of an appeal to that order the
necessary proceedings had not terminated until the year
after the defendant's tenure of office had ceased. The plain-
tiff then served his bill of costa, which described the business
to have been done for the "parish officers ;" but the bill
was accompanied by a letter to the defendant, in which the
plaintiff stated that he looked to him " personally" for its
early discharge. The demand not having been satisfied, the I
present action was brought. The defendant pleaded, first,
that he was never indebted, and secondly, that no bill of
oests had been served upon him before action brought,
which, by statute, should have been done. A verdict passed'
for the defendant, by direction of the learned judge ; and
leave having been reserved for the plaintiff to move to enter
a verdict for 121. 10s. (being the amount of the business
proved to have been done during. the defendant's year of
office), should the court be of opinion that the defendant was
liable under the circumstances.
Mr. Martin now moved to set aside the verdict. The
business was done upon the personal responsibility and
retainer of the defendant, and if he was not liable, no one
was. As to the non-compliance with the statute, in not de-
livering the bill before the action was brought, the learned
gentleman contended that the statement in the plaintiff's
letter, to the effect that he looked to the defendant " per-
sonally " for payment, removed the objection now urged. I
The Court intimated that there was very little doubt upon
their minds that no personal liability had been incurred by
the defendant, but it was unnecessary to consider that point,
as the plaintiff had not complied with the statute, which ex-
pressly required an attorney to deliver a signed bill to the
party who was charged, before an action could be brought
upon it. In the present case, it was manifest the plaintiff
charged the parish, and bad the bill served on the defendant
merely to effect service of it on him as the parish officer. It
was, perhaps, a hardship that the plaintiff could not recover ;
but, under those circumstances, it was unnecessary for the
Court to consider the question of liability, for ,the plaintiff
bad not complied with the statute by serving his bill regu-
larly. The defendant had therefore a right to retain his
verdict.—The rule was accordingly refused.
TEE SWEARING OP TEE LATE •ND PRESENT LORD
MATORS, who were introduced to the Court with the cus-
tomary formalities by the Recorder of London, interrupted
the ordinary business, which was resumed shortly after-
wards. An account of the ceremonial will be found in ano-
ther column.

COURT OF BANKRUPTCY.
Before Mr. Commissioner Omiibum.
NEWSPAPER SPECULATIONS.—Henry Mayhew, a proprietor
of the Era newspaper, came up to pass his last examination.
His debts and liabilities pre about 3,0001., and the assets are
"doubtful." It appeared that certain accounts had not
been filed in sufficient time, and the Court adjourned the
case sine die, with liberty to the bankrupt to come up again
when he had filed such accounts as he meant to abide by,
to deposit the expenses before that day, of, and occuioned
by, such meeting.
RAILWAY BYECIILATIONS—A surFeon and apothecary,
named Savage, applied for his certificate. Has Honour
said : This bankrupt has involved himself in railway specula-
tions. At present there appears sufficient to pay the credi-
tors 20s. in the pound, subject to the right of these (railway)
people to prove. lam surprised that the bankrupt, a gen-
tleman of education, should have entered into these specu-
lations. The official assignee has nothing to say about his
conduct, and I shall grant the certificate.
Before Mr. Commissioner Shepherd.
THE LONDON AND BIRMINGHAM EXTENSION LINE TO
LEAMINOTON. —A fiat of bankruptcy had been issued
against this company on • notice of dissolution inserted in
the Gazette. —The learned Commissioner, after having
perused the act and consulted Mr. Commissioner Ooulburn,
said that he entertained doubts whether this amounted to an
act of bankruptcy, and he must take time to consider.—The
Solicitor said that he had taken the opinion of • very emi-
nent counsel, Mr. Swanston, and he was clearly of opinion
that it was.—The learned Commissioner said it was a point
of such importance that he must take time; he would how-
ever give his decision tomorrow, end, in the meantime, no
other creditor should be admitted to come in. The fiat is
dated the 6th inst.