The Express.
London, England, 1848-01-15 00:00:00

NAVAL

PROVINCIAL.
LANCASHIRE.
THE MANCHESTER LAW ASSOCIATION held their
annual meeting on Wednesday, at the rooms, in Norfolk-

Movemztvre.—Jan. 6, in Malta Harbour, Ceylon, 12,
with the flag of Rear-Admiral Sir L. Curtis; Vanguard, 80;
Vengeance, 84; Harlequin, 16. Steamers: Hecate, Vol.
cano, Porcupine, Oberon, and Locust ; her Majesty's
transport Blenheim ; French steamers Longsor sad
Ithanices ; Royal steam yachts Fairy and Gitana.
DevoNrour, JAN. 13. Netley, tender, arrived this
morning with supernumeraries from Portamouth.—Adven-
lure, transport, sailed yesterday with stores for Deptford.—
The following superannuations have taken place from the
dockyard this day .—One inspector of police, one muter of
the steam-tugConfionce, one locksmith, one shipwright, two
ropemakers, six sawyers, and one rigger.
Succarcres JAN. 13.—Orders have been reoeived here to
prepare the Londoni for engines of 789-horse power. The
orders for paying off the Modesto and Hecla are counter-
manded, and the Modesto will be paid off on Saturday next
and the Heels on Tuesday next. The Wildfire is to be paid
off here early next week. It is reported the Lucifer will
be commissioned here to-morrow or on Saturday. Several
of the officers and men of the Ocean have been transferred to
the Ganges. The entry wl/1-he open for seamen for the

COURT OF COMMON PLEAS.
Ltunosat r. HOOD.—THE Monti& OP Mt ILLEGITIMATE
CHILD CAN RECOVER AOAINOT THE FATHER MAINTEN-
ANCE PEOMIAED, TO PREVENT AN °EDER OP AFFILIATION-
-On this ease, which was tried before the under-sheriff of
Surrey, Mr. Phion moved to enter a nonsuit. The action
was brought by the mother of an illegitimate child against
the father to recover a sum due for tome weeks' mainten-
ance of the child, at '2s. 6d. a week. It appeared that the
father had promised to pay that eam to induce the plaintiff
not to go before the magistrates for an order of affi-
liation and maintenance. It was urged that as
there had been an ezpress promise the declaration
should have stated it specially, and that there was no
evidence to show whether the payment of the 2a. 6d.
a week was for apart consideration, or for the support of the
child.--The Court was of opinion that the declaration was
sufficient, was supported by the evidence. and that the coat-
dention for the payment of the sum agreed on had toga --:•••
. ".

O would gladly get rid of it the entrance was lucre, aou ....... .„ ~......._ .____, ____
with
H_Etere.—_ JanA. 6,
it Malta
.Harbour, Ceylon rc -- - ----- -e- - ----
e with the fiag of Rear- dm Sir L. Curtis • Vanguard', 80 f, advocate of the court, and presented by a proctor-as the l'°v° '-'en°"'° k.'"r ".'"""'S `" '." ""'..'• ...". '..e
among th ose of sepulture.
driven
fteearan otengletehweebedreaetherser,e.andF,teudntaebglehttreo
himself
ft about, was
few minutes before five Vengeance, 84; Harleq n 16. Steamers' • Hecate Vol• required. The proclamation was made by the apparitor- other judges)—Take a rule.
o P rcu • e Obe -u'.
'
Ig ' ..6 general, he having been called upon to do so by the vicar-
flagration took place on the
transport Blenheim ; French steamers Lo or and
but the sea was rolling so heavily that no anchor could hold ean , 0 Pin , . roil, and Locust ; her ajesty
breakers, he let go his anchor, and fora short time it held,
General; and he prayed the attention of ealordships
th • to COURT OF COMMON PLEAS.
,utham ton-street, Camber-
-1 a small quantity of waterßhamses • Royal steam yachts Fan and G•tan the words wed, which appeared to be the same as those LtNEGAR v. HODD.—T/SE MOTHER OP MI ILLEGITIMATE
long, and accordingly about six o'clock the vessel drove tranaPo
adopted uniformly—he might say, without a single excep. CHILD CAN RECOVER AGAINST THE FATHER MAINTEN-
'ONP HT
ashore. In a short time the life-boat was got ready, brought , y ia.
4 the flames, but no supply
along the sands, and a crew mustered to attempt to board DEN • 0 , JAN. 13. NeUey, tender, arrived this ~ ,r
..ori—ior many centuries—certainly, however, since the ANCS PROMISED, TO PREVENT AN ORDER OF AFFILIATION-
tes were soon on the spot,
the wreck. In this they were successful, and had the happi- morning with supernumeraries from Portamouth.—Adven• revival of the act of Henry VIII. in the reign of Elizabeth. —On this ease, which was tried before the under-sheriff of
e procured from a ditch,
nem of rescuing 16 seamen, including the master, but no lure, transport, sailed yesterday with stores for Deptford.— The learned gentleman here read the proclamation, calling Surrey, Mr. rhino moved to enter a nonsuit. The action
n gin the firemen's ex-
entreaty could induce the mate to leave, though the sea WAS The following superannuations have taken place from the upon all parties who had any opposition to offer to come for- was brought by the mother of an illegitimate child against
known
engine,
enthtraenege of workshops,
Nothing was of itsward and make their objections, and they should be heard, the father to recover a sum due for some weeks' mainten-
was also persuaded to come ashore, and thus all the crew the steam-tug.Confience, one locksmith, one shipwright, two Mr Townshendmid he appeared for the Rev. Mr. Huntley and ante of the child, at 23- 6d. a week. It appeared that the r
t between 600/. and 6001.
Royal Exchange and gni, were need. Rappears that when the life-boat reached the ropemakers, six sawyers, and one rigger. the other two clergymen, and exhibited the proxies, stating father had promised to pay that sum to induce the plaintiff
SHEERNESS JAN. 13.—Orders have been received here to that the objections were in writing, were in the form of a not to go before the magistrates for ea order of aril- i
vessel the captain had very little faith in the Christianity iff
prepare the Linden for engines of 789-horse power. The libel or plea, and whilst be was in the act of presenting them liation and maintenance. It was urged that as
MANSLAUGHTER. By
.er the coroner, at the Jolly for he armed himself with a brace of pistols, and otherwise
his benefactors, or those amongst whom he e
orders for paying o the odeste and Hecla are counter- the vicar-general said, "We are acting here under a man there had been an express promise the declaration
xpected to land, .
it
11
mended, and the Modesto will be paid off on Saturday next date from the crown, issued in accordance with the act of ehoeld have stated it specially, and that there was no
to the death of W. Ives, a
the Protection of moral force.
gave token that he was not disposed to commit himself to
and the Hecla on Tuesday next. The Wildfire is to be paid Henry the Eighth, and we conceive ourselves bound to con- evidence to show whether the payment of the 2.1. 6d.
re. caused by a blow he re. . off here early next week. It is reported the Lucifer will firm without suffering anyopposition." Dr. Lushington, one a week was for apart consideration, or for the support of the
1, J. Kemp, who, with D. PROVINCIAL. be commissioned here to-morrow or on Saturday. Several of the assessors, was also of a similar opinion, but Sir J. child.—The Court was of opinion that the declaration was
has since the occurrence LANCASHIRE. of the officers and men of the Ocean have been transferred to Dodson, the other assessor, had some doubts on the point ,• sufficient, was supported by the evidence, and that the cogel- „":".,.....,
yell sessions for assaulting
red until the next sessions THE MANCHESTER LAW ASSOCIATION held their the Ganges. The entry wlll be open for seamen for the two out of the three, however, thought they were bound deration for the payment of the sum agreed on had Immo •--• • .. ---!:eer
fv,,
rooms under the penalty of prernunire to rejeet all opposition. Ile carried out.—Rule refused. s-
.••''
...
state of the deceased. The annual meeting au Wednesday, at the ,in Norfolk- Omen in • few days.
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rs
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PI - -rX
tvg
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. ..
sr'l.,iii%.,
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------
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4

COURT OF SICHEQU HR.
• •
mums. in Banco.
Garswottrife V. STRUTT.— BREACH Or COVIMANT.—
LIAM IDATED DA di An ne.—T be Attorney-Oenend mowed yes-
terday, pursuant to leave reserved, to enter a vesdiet for the
delkndant. It wis an action to recover 1,0001. as liiiiiidated
&Magee for the breach of certain covenants in an agreement
entered into by the defendant upon the dissolution of his put-
nerehip with the plaintiff. The parties curled on business
as solicitors or attorneys at lily-place, Holborn, and on the
dissolution of their partnership the defendant covenanted
not to practise that profession, either clone or jointly with
any other person within 60 miles of Ely.place for seven
yerri. And further, that he would not do any professional
butinees for any of the clients of the partnership, or solicit
er la any manner interfere with them for that space of time.
It was then agreed that the defendant should, in the event
obi breach of either of those covenants, forfeit and pay to
the plaintiff the sum of 1,0001., not by way of penalt
ey,
be-
but
as and for liquidated damages. It appeared at th trial
fore the Lord Chief Baron daring the last sittings. at Guildof-
hall, that the defendant had set up to practise in violation
one of the covenants, and that he had paid into court 601, as
compensation for the actual damage sustained by the plain-
tiff Sir F. Pollock thought, however, the plaintiff was entitled
to recover the whole sum claimed; and under his lordship's
direction to that effect the jury found a verdict for the plain-
tiff for the 9501., reserving leave to move. The learned
Attorney-Genenl cited s. Kemble v. Ferran," as an autho-
rity that the plaintiff was not entitled to ver more than
compensation for the actual damage sustainreedco, and submitted
that the thousand pounds mentioned in the deed as liquidated
damages mi.zbt be applied to two breaches of very different
and unequal importance. For instance, the defendant might
set up as an attorney in London, end so materiully interfere
with the plaintiff that the damage sustained might be
very properly estimated at 1,0001. ; and yet the defendant
would be equally liable have
to that sum (if the Lord Chief
Baron's ruling was right) if he happened to
been consulted by even one of the former clients of the
dissolved partnership, although he might not have received
more than 6s. Bd. for the consultation. Such a construction
et
that could not be supposed seasonable—it could not have
been the inteation of the parties; but it was obvious
what they meant was that the damages should not
under tiny circumstances exceed 1,000/., and that the amount
of injury actually sustained in consequence of a breach of the
covenants, or either of them, should he the mamas of the
compensation to be awarded.—The Court were unanimously
of opinion that the Lord Chief Baron had properly di-
rected the jury. The st
either of
the tOVPIIIIIIIS of the deed he had executed, and even though
it might have proved to be an improvident bargain he
should now abide by it. When damages were 'seemed, as in
the deed in question, it was no matter that for one breech
the damage really inflicted might be very large and o
r
another another very trifling. The parties might very properly
allowed to mesa the amount between themselves. Ihe de-
fendant agreed that the damage, for either breach, should be
1,0001., end he must pay it, as a breach had been committed
by him.—Rule refused.

COURT 09 BANKRUPTCY.
Before Mr. Commissioner YonManque.
IN RR CHAMBERS AND CO.-1n the Me of these bank-
rupts, who were formerly bankers in Bond-street, and were
connected with the Italian Opera House, an audit meeting
was held, under the separate estate of Abraham Henry
Chambers, the elder. The business of the meeting was pro
forma, the whole of the affairs bring nearly wound up. A
dividend meeting was appointed for Tuesday next. A pre-
vious dividend of se. 6d. in the pound has been paid under

INSOLVENT DEBTORS' COURT.
Before Mr. Commissioner Harris.
IN us FARLEY.—RAISING MONEY ON POSTAGE STAHEL
—This insolvent, the toyshop.keeper in Ilret-street, who
had raised money to a large amount on postage stamps, and
whom case has already appeared, came up again yestirday.
His attorney gave an explanation of the dealings of his client
which perfectly satisfied the court, and the commissioner in-
timated that no remand would be recorded. The ease was
adjourned for possession of the promises to be given up, and
to file an inventory of the effects.
JOHN YATES.— MAKING ♦WAY WITH PROPERTY.—
This insolvent's cue has appeared in the DailylS ewe, Ile was
oppcsed by several creditors on the ground of haring made
.away with property to a large amount, and also for an undue
preference to a man named Ormsby. The complaints were
satisfactorily established, and the Commissioner remanded
the insolvent for eighteen calendar months, under the dis-
cretionary clause. •

PALACE COURT.
Before W. Come, Ep.
}ALIO; C. SEILLICOS.N.—How TO 71•Ii1 A Ronan TAT
FOR ITS KEEP.-111 this case the defendant appeared on a
judgment summons to show cause why he had neglected to
obey en order of the court for the payment of 121., for which
a verdict had been given against him. About 12 months
ago the defendant and plaintiff, a proprietor of livery-stables,
wein a raffle for a horn, valued at 601. After defendant
had thrown, another person threw 43, and beat him, upon
which he offered to buy the chance for 121., which was ac-
cepted, and plaintiff lent him the money to pay for it. Plain-
tiff still had to throw, which he did, and got the same
number, when they agreed to share in the prize, in lien of
re-throwing. Some dinagreement arising, and the 121. not
haviag been paid, Ellin brought en action, and recovered
the amount. The horse having been removed, in the first
instance, to Ellin' stables, and there kept, as soon
as the verdict was obtained, he (Ellis) sold it for
251., and sent defendant in a bill for above that sum, as the
expenses of its keep whilst at his stable.—Defendant now
said he had neglected to pay the order of the court that the
case might begone into de COTO, he having, since the first
trial, found out that Ellin, who is a cab master, had worked
the animal during the whole time it was in his charge, and
so made nearly 601. by it —Two cabmen, formerly in Ellisa's
employ, proved having worked the horse in question, and
paid over large sums to Ellin for its use in connexion with
the cabs, and also established the feet that the party to whom
it was now sold would not part with it for 501.—Ellies, who
was present, said that the horse only fetched him 181., after
keeping it twelve months.—The learned Judge said he should
not allow anything for the keep of the horse, and should de-
duct 91. from tbe debt, thereby leaving the winner to pay . he
de-
balance of the debt and costs of action, making 131. 10s.