The Express.
London, England, 1849-03-27 00:00:00

PROVINCIAL.

LANCAoHIRE.
IN RE JONATHAN HIOGINeON ImpoirrArr DE-
CISION.—At the LiVerrOl district Court of Bankruptcy, on
Saturday, his Honour, Helmut Btevessage, gays his deetairm
upon an important application which hod been made by the
eastiners in this ere, to the effect that the joint estate of
the bankrupts' should have a right of proof on the private
estate of ems of the bankrupts, Mr. Jonathan Higginenn,
for the slam of 105,0001, raid to have ben abstracted by him
from the partnership coneern,and inveatad co his own priesta
amount in the purchase of railway shares. He said this was
an application by the assignees wider the bankruptcy on be-
half of the joint creditors. that certain railway shares, which
could be traced to have been parehmed oat of the partner-
hip feuds, should be declared to be part of the joint assets,
si be distributed secordinely ; aid, in ease they should be
oansidere4 to be sot joint &tests, then that the assignees
might be allowed to prove slimiest the separate estate of Mr.
dinginess for the sum of 106.382/. 12.. 4d., being the
amount shown to have been drawn by him out of the part.
nership funds, and appliei by him is respect of these rail
way sham, upon the ground that such sum had been so
drawn oat and applied improperly, and sad. r ercuntstanees
amounting to a fraudulent abstraction, and cotarquently
forming one of the exceptions to the general rule prohi-
biting any proof between joint and separate estates To
them claims ohjeetions had been raised on behalf r f the
separate creditors of Mr. Higginson. With regard to the
railway shares being distributed so part of the joint assets,
he theught it necessary to peers/se that it appeard
doubtful to him whether be had any L■e •
for determining that question • and whether fore tee
assignee, could venture to distribute the produce of these
shares, either ss joint or separate assets, they must net have
recourse to some higher tribunal, bat as the consideration of
this point was necessarily involved in the question whether
there was any debt actually doe to the partnership firm in
respect to the moneys laid out In these shares, e.r if the
shares were joint estate there would, of course, be no debt, it
would seem necessary that he should come to acme conclu-
sion on the 'abject, in order to deternikee whether there was
any debt, sod if so, whether promablo or' ot. His Honour
then went Wendel; through the whole feels of the cam, es
disclosed in the ezeminations of the various witticism who
had been before the court during the course of this inquiry,
and applying to them the law as laid down by Lord Eldon,
in "Ex parte Emily," (I Hose 64) ; "Lodge and Fin.
dell," (1 Veiny, juts., 166) ; pert* Harris," (2
Vine,. and Seams) ' • and "Be parts Smith, " (1 Glyn
aid Jamieson 74) ; all of which want to show that
where the copattner had been invested by his partner
with the solo znansgement and control of the
joist estate, as in this ease, any improper application of the
moneys of the firm meld not be coosidered as a fraud, if the
ordinary opprrtunities were allowed the partner of making
hisasedacqualated with the circumstances of such applica-
tion. He thought Mr. Dcane's neirgence in this respect
amounted clearly to an implied or tacit amasses:we I. the
coaxes panned by his partner, Mr. Hiniason; therafere,
aftis considering all the circumstances, he came to the UM'
elusion that the proof should not be allowed.—Mr. Lowndin:
That you consider the mord the assignees as tendered and
rejected.—His Honour: Yea—The court then ad jog. ned. '
MANCHESTER CHURCH EDUCATION SOCIETY.—
The manual meeting of this association was hel t yesterday
at the Tows-hall, Maichester. and was very numerously at-
teadeL The Bkhop of Manchester took the chair' and was
supported by the principal clergy of the city and nsighbiur.
hood. The meeting was addrssaed by the Rev. Hugh
Stowell, the Very Bev. the Dean of the city, the Rev Canon
Sergeant, Henry Heuldswerth, Esq , and Bolt. Brandt,
Esq.. who moved and supported resolutions approving the
objects of the society.
17"012,1•111:1111

LEEDS PAZOCIIIAL EIPUDITURE.—Yesterdi y, a
public sustain of the inhabitants of the township of Leeds
was held at the Court-home, in purewanos of • requisition.
signed by upwards of 450 rate-payers, to take into meads-
ration the best mesas that can -be devised for dlintins a
reduction in the local expenditure of the township. Mr.
Alderman Batson presided ; and after speeches from Mr.
Bissingtoo, Mr. Councillw Newsome. Mr. Councillor Bro. he,
and others, a resolution was unanimously adopted, which
rusted that, during • few years past the local rates had
accrued to an almost tusprt cedeuted amount, remind that a
committee should be appointed to investigate the causes of
this increase, and to report to a future useetin!, and also to
inquire int) the causes of the increase of pauperism, and a!so
into the remedies for the same, with a view of proilmbly
employing pauper labour on land tir otherwise. A committee
was accordingly appointed for that purpose.

ACCIDENT ON TUB BRISTOL AND BIRMINGHAM
RAILWAY.—On Saturday evening a man named Orton, a
plate-layer on this line, attempted to get on one of the wag-
pone as it wee demeadiag the lickey, near Brennen's • in
doing **a he WI, and the wheels of the carriages passed
over leis legs, fracturing them In a frightful manner. He
was conveyed to the Queen's Hospital. at Birmingham on
Sunday morning, and died there last evening.
NORFOLK.
TUB STANFIRLD HALL MIIRDEIS.—A letter from
Wymoudham stem that Mn. Jermy has lost her reason,
and will not be able to attend the hill. Bliss Chutney
will, it is said, be taken be the court. en a kind of litter, to
give her evidence. Rash has enbixenaed Mrs. Bryant, the
matees cd Wymcndham jail, under whale charge Emily
Sirdhod, or " Widow James," has been since her having
Imes 'omitted by the ma rtes ; and a private room has
Ma fitted up at Norwich Ca,tle for Mn. Bryant, Emi:y
alaithed, sod her nuns.