The Express.
London, England, 1847-10-20 00:00:00

MILITARY.

Posismornt, OCr. 19.—Dralle front the 26th, 66th, 72nd,
and 79th Regts., for Gibraltar, and Bath Foot for West Indies, will be
embarked at this port about the 23rd I lat., in the Printer Royal
transport, now fitting at Deptford; and the 42nd draft in the Beretta
Jan. transport, for Bermuda, about the 30th that —The depot, sth
Fusiliers, is ordered frorn Plymouth to the Isle of Wight. —The 4th,
2lat, 28th, and 30th Regl.. (the tatter corps on being relieved by the
lath Royal Irish front China), are Intended to be emit home from
India In the noun of this wason.—Major-Gen. Lord F. Fitsclarence
will inspect the 9th and 62nd Regis. at Winchester on this day and
tomorrow.

tab) intelttstnet.

COURT OF BANKRUPTCY.
Before Mr. Oceorolesioner EvIM. _

1317SPENBION or CEETIFICATIL—IN as BROWN.—This
bankrupt applied for his certificate, and was opposed by Mr.
Lawrence, upon the ground that the bankrupt had made or
caused to be made alterations in his books with a view to
conceal a fraudulent preference.—The bankrupt emphati-
tally denied that any alterations were made with his know-
ledge, and he had met with a serious accideat which entirely
disabled him from attending to his business. Alter some
discussion, his Honour suspended the certificate for one year,
adding, that no fraud had been established. Protection
was applied for, andAtranted.
Ix as JOSIPH Moans.--This bankrupt, who carried on
the business of a woolatapler, at Niethorp, came up to pass
his Isht examination, with debts to the extent of 9001., and
very trifling assets. The bankrupt was examined by
.Mr.
lAIITIUMN, and stated that he had carried on his business
without books, and he had received 1,4004 since he left off
short, all guess
unatraHigac!,!igr..pit I:cedbhutelottaccofthptihwupeenervbatatethrettuyef
alance-sheet 7hane
would be joh.huw.d:4thekb.et:eohlithurtad:
ddend meeting, with peotectson,. in order to. give the
bankrupt an opportunity of satisfying his creditors that
be had behaved honestly towards them.—Adjourned
accordingly.

I _
INSOLVENT DEBTORS• COURT.
Beam Yr. Commissioner Harris.
Arroaxere C. BAIIIISTISRB.—In the cue of the insolvent
H. J. Mewbuns, Mr. Lewis appeared to (oppose, but the
court declined bearing him, Mr. Commissioner Rams ob.

revving that his learned hre•„ren and himself had decided
that no attorney could on allowed to act al an advocate.—
me. Lewis, without commenting upon the decision of the
court. begged to observe that he had offered • brief to
counsel who declined accepting it in consequence ot
the fee which they had fined upon as that own
rate of remuneration not being e.duk,d upon it.—
The court observed that it ilea nothing whatever
to do with the arrange:ants of counsel, and re-
fused to listen to Me. Lcwis.—Another question then arose.
The amount of It:solvent's debts was 4671.; but sets-off
reduced it to below 3001. The Commissioner doubted
whether the sets-off could be allowed ■ny suisessment in the
amount of debt —The cue was therefore adjourned to the
26th instant, when.the matter will be argued by counsel.

WESTMINSTER COUNTY COURT.
Before D. C. Molise, Mg., Judge.
Coavosetem.—PlKE e. POSTIN.—The plaintiff in this
case, a legal, elericd, and medical agent in Chaise, ry-lane,
sought to recover of the defendant, a gentleman veaiding at
in Wiltshire, the sum of 10!., commission ea in-
troducing the latter to a solicitor for the purpose of becoming
an articled clerk —lt sppeared that in Vie month of
February last the defendant, having it in his power to in.
troduce a gentleman to a considerable deal of law business in
the neighbourhood of Melksham, and being anxious to be-
come an articled clerk in the hope of ultimately being ad-
mitted himself an attorney, wrote to the plaintiff, stating
his wants. The plaintiff promised I. look out. and having
heard at a Mr. Porter, who wished to be introduced to
the defendant, intimated such to him. The latter came to
town, and the introduction took place, defendant agree-
ing to give plaintiff 101. fur his trouble. With Mr.
Porter the negotiation went off, and the plaintiff subse-
quently introduced another gentleman named Freeme. This
took plow in May lam, and the defendant expressed himself
perfectly satisfied with plaintiff's care and attention, and, in
letters, promised to pay the amount.—Mr. Dod, for the de-
fendant, said the plaintiff was not in a condition to recover,
for thecentract had Rot yet been completed. In a prospectus
sent by the plaintiff to the defendant, he stated that no
charge was to be made until the negotiation was effected.
Mr. Pontin had not yet been articled to Mr. Freeme, and
until that took place the plaintiff could not recover—Mr.
Hancock said no such stipulation was made.—The De-
fendant wan examined, and a large number of letters in his
handwriting in reply to others from the plaintiff were put
in.—The learned Judge was of opinion, from the tenor of
defendant's letters, that he knew the money was due and
had :promised payment. He must make an order for the
plaintiff to receive the money on tie 3rd of November.
IMVORTANT TO AUCTIONEEIIB.—WILLIAMS V. LAHEZ.—
This was an action of Myer, to recover some articles alleged
to have been purchased at a sale presided over by the defen-
dant, the auctioneer of New Bond-street. It appeared from
the statement of the plaintiff, that a short time since he
attended a sale at which Mr. Lthee was the auctioneer, and,
having purchased a "!co," paid the deposit demanded of him
upon it. He subsequently purchased some other lota, and
bid 335. for the lot which he now sought to recover, that
being the sum at which it was knocked down. After the
sale he settled (or the lots which he had bought, but was
refused the one in question, on the ground that it had been
" bought in." Feeling confident that there had been no
other " bidding" after be had eff, red 53.., he demanded to
Nee the books, and there found 635. the price set against the
let.—A witness swore distinctly that he heard Mr. Williams
bid the 634 , at which if was immediately knocked down.—
On cross-examination, the plaintiff admitted that, although
he only bid 53e., the let was worth 131. 10‘ —Mr. Lahee, in
answer to the case, said that the lot was bought in at 635.,
as both his own and his clerk's book would show. If it
had been knocked down to a purchaser, the name would
have appeared after the price ; but his honour would
see in both books a blank, which showed that it bad been
bought in. He had received instructions to buy it in at fine
Fujitsu, so it was most unlikely that he would have knocked
it down for 530.—The learned Judge, after a most careful
consideration of the case, said that he was of opinion that the
transaction came within the Statute of Frauds. It had been
held that sales by auction came within the statute unless the
party purchasing made good his bargain by paying some of the
purchase money, or gave a memorandum or note in writing
promising payment. Nothing had been paid off this lot end
therefore, without locking to the equity of the case, where
the party wished to get (or 535. what he admitted was worth
131. 10s., he must dismiss the case.—Mr. Dod, who appeared
for the plaintiff, contended that it was quite sufficient for
the plaintiff to have paid off the first lot he purchased a
deposit. Indeed, no auctioneer ever required deposits to be
paid off every lot purchased by the same individual--The
Judge was of opinion that it ought to be done if a party
wished for a locus standi in court.—The case was dismissed.