The Express.
London, England, 1848-11-21 00:00:00

THE EXPRESS; TUESDAY EVEYING, NOVEMBER 21, -1848.

~!lei to peers the andtiona seder width thi; Maim'
bolder of the 100 Wawa bed bosom • wwwher.—Tha Vice-
Chansellor laid ha waridered this • We* ewe. Ti. plain-
tiffs by Waif hill asked Mr as asesuat or what omega bed
boon eetwally rimmed, and *et dug might be Awed to
wawa their reerturgo sem gamest oath onwe. The
deiondenie *awed, Oa 1M pound that the asearwle
ht
to Moody areshre. Vidal wham
the The real glued= me
whether the ipialerill wore or Will not mentlins of
the assist), bit en this plat so aviators bad bora pro-
lbws& It append by 1110 11110 {Mt the swan of all the
inewbwo wow te be antsred is a book kept for that pergere.
New that bath bad wet bees produced, and to reuses was
atigned the lideisollegisa.l3. was bend thorofore
to maids, that the Mot= wore net alwahaer ; but Ito was
tertbor el gifts thitt the wertree width bad been Wetted,
tad the Wept that bed been lima wire. IN leek ea nuke
et the est, white was Wended la the boat of awn lads*.
abase 111191111 whir Milli. duke W ateewslate massy for
WOO, pwrgoera. IleArt thew alellneilliele, be thought
that the glittilb were Waled te what they sated for sad
the delandsede met pay de ads sp to the tins of bowleg.
Bowsaw or tau Comm—The Vies Chancellor stated
that the drat owl after this tons would be on Saturday, ac
ted
had et Doeinther ; the owed aral, ea Saturday the 9tb ;
tM
third oral en ilaterday, the lOW ; and the bet wal on Thom
day 11.41 d of Ilwarabor. Than would be so littler attar
tent nunlike lbw

mho visettianolim linen ems&
WOODA V. WOODA.—CZONI DOMANI/ or LIOAOT AND
Deere.—le this use the pemoral repoesarative of a testator
named Michael Woods, had haroght as ration against her
brother-in-law , who wee a legates under the will, to the
mown of 100 k, to mover a sum of 1001. dee from the lass-
ies to the testator epos • pontoon sots. Elks had ob-
tained judgment for the debt, interest, sad eats, amounting
altegetho to 3621.2.. W. The legatee then instituted the
prawn suit to restrain further proceedings at law, alleging
that it was the testator's intention that the &Unbend never
be ilieteaded. Mr. Wigwam and Mr. Bever=ported the
bat. and Mr. Rowell and Mr. Leiria a tor the de-
rnat.—The Vice Chancellor said wee wretched
=n, and that the action would have been
excuse bed not the legatee tenanted
the debt But it appeared that the legates might have ob-
tained, Wheat lltigetios, and without espense, the setoff
of the Wen VMS the 410401 lie had coatisoil his elms
to that. le the attempt to *Mead it any further he had
hiled naively. A. however the ration was a proceeding of
whin the tout could not approve without qralitiostioti,
ad it appeared that the judgment debt sad eons had been
sanded, except se to a balance of 1041., there must be a de-
nied's that the plaintiff was entitled to retain this amount
la Whineties of his legacy, aid all farther proceedings at
law men he Owed. Is other newts the bill must be din
1116110111. the plain/Spaying the wits of the defendant, so Mr
as they had bees increased by the denial of the plaintiff's
liability to pay the debt.

COURT OF QUEENinna'S BElL—Ynarelloar.
M in Banco.NC
RIAINA a. CAPT. CHAnitlTll.—Bauttio A CADIIIIIIP
lii Tull INDIAN Ai,tt.—ln this case the defendant bed
been found 'silty at the sittings after last Michaelmas
TOM, in conjunction with Sir Wm. Young, since deceased,
ef to sell a cadetship in the Indian army, to a
Wotherspoon. It will be recollected that a
ra =
llemat, who was acquainted with a writer to the signet
▪ idinbargb, called Wotherspoon, represented to him that
the odd procure for his son a cadetship in the But India
ladder for • sum of money, and that be accordingly put into
her bands 1,1001. She subsequently communicated with •
Kr. Raid, • friend of Capt. Charade's; Mr. Wother-
speria's men had the appointment, and a portion of the money
8001.) was traced into the bands of the bakers of Capt.
Charred*. Mrs. Stuart having been concerned in another
transaction arising out of this afisir, an inquiry was instituted
at the India Homo, at which Sir Ws. Young and Capt.
Charretie were examined, and Sir Wes. Young stated on
that occasion that he had given the appointment to Mr.
Wotherepoon's son in cossequenee of his knowing the father,
who was a very respectable san, and who had been his
agent in some law transeetions in Scotland ; this turned est
to be a fabrication, and she appointment was easeelled, it
being • penal act to won,oy for procur-
ing any t. °Kee, place, or appointment,"
in the company's curies. The appointment to cadetships,
it seems, is vested in the directors, each of whom is his
tarn has the power of nominating a party to the officio II
cadet, subject to each individual possessing the qualifica-
tions which the But India Company consider *medal, add
to his passing an examination.—Mr. Glands!, Q.C., calm
quentli' obtained • rule on the ground that the Menai
judge beton whom the indictment was tried, Lord Denim,
had misdirected the jury, and also that the verdict was
against the evidence Mama m • cadetship could not be
called au"ollIce, Pte, commission, or appointment," within
the meaning of the act, and hie lordship ought so to have di-
rected the pury.—The Attomny-Oannal, with wham were
Bir F. Thesiger, Kr. Clarkson, Mr. Peacock, and Kt. For-
syth, now showed Musa against the rula, contandieg that
the evidence fully supported the indictment, the
mat to a cadetship conferring an office in fKan
and therefore a pima who procured • eaglet's certified;
virtually obtained en
_appointment. Mr. Crowder in sum-
port of the rale contended that • cadet in this country only
acquired an inchoate right to en efike or employment, the
person so appointed not Mug ender the control of the East
ladle Company until be arrived in ladle, whither he went at
his own expense, and in whatever way he pleased. On his
arriving in that country he received a commieslon in the'
army than, and then he became possessed of the °Kos
appointment, but not before. If when he reached there any
one were to procure for him, by purchase, any particular
regiment, that might be selling an appointment within the
meaning of the act ; but until he rimmed the pay of the
company, and had actually joined a regiment, he could not
be said to bold any office or appointment. Dr. Johnson de-
fined the wood " cadet" to mean " a young man who enters
the army as • volunteer for the purpose of getting • com-
Miming." The " lincyclocardis Britannia " agreed in that
interpretation, red such was in fact the cass.—Mr. Warren
having been heard on the same side, the court took time to
consider its judgment.

COURT OF COMMON FLEAS—Ynersznam.
w la Bum.
Atli/NISI V. Miscunnzia.—PUßLlC Orricaa or Tun
NiwckaTi.l-stun-TY74I JOINT-STOCK BASK.— EFFeCT
or Wow*" ran PaOciaLATlom" IN nil SIGNING or Blur
or ExCliAllos.—lll this ere • rule nisi for • new trial had
bean obtained on the ground of misdirection. It was an
action Boast the Newcastle tort-stock Bank by the in-
dorse of a bill of exchange. The bill was drawn by one
William Oakum upon the owners of the Whitworth Colliery,
of which he was the chairman and director, and indoned by
bias to the bank, who it was alleged indorsed to the plaintiff.
The defendant's plea denied the indorsement. It appeared
the Newcastle Joint-stock Bank stopped payment in
January, 1846, and that the bill in question was indorsed
since that time and without conaderation in the fol-
lowing Sena, ' pa'prostration of Newcastle Joint-
stock Bank ; l
W. Blakeley, manager." The plain-
tiff at the trial sought to infer • general Ingualieed
antlimity Biake, who was the anager et tie b ink,
to des ea he basil, it Wog shorn that toe saw bills, in-1
dosed is the gm tam, bet issued before *Mere of the
liesk, led boa paid by the bank. Oa the ether bead.
thedelisheld peeved that Blakeley was anthill's' to wept
eel bedew b up to January, 1846 ; an authority, bow-
ever, set ezeveding to eakeunodation bills ; but that, sines
the stoppage of the beak, Blakeley had no authority to gigs,
exterin the presence and under the sanction, at the time, of
am or more at the direeton who superintended the winding
sped the sitars. No nth authority had been given in the
peasant instance, the bill having been indorsed by Blakeley
is London. The judge belt it to the jury to soy whether
Blakeley was clothed with a general authority to
sign Ms for the bank, and whether such autho-
rity was revoked by the busk stopping payment.
The jury found for the defendant. The misdirection com-
plained of was, that the judge ought to have directed the
jury that the bank bad, by their conduct, held out Blake ley
to the world as their amoral agent for the signing of bills ,•
and the jury should have been asked whether the plaintiff
bad any notice of the detemination of such inferential
authority, by stoppage of the bank or otherwise. Mr. Bovill,
in showing cause on Saturday afternoon, contended there
weld be no general authority arising by implication of law
in such a case as the Moreover, where a limited and specific
authority was proved. he admitted instruments
indoned by prouration were taken on the faith of the agent
indorsing.-lir. Berjeant Brea (with whose was gr.
Jones) was now heard in support of the rule. They argued
that, though the indoreemat wee by procuration, yet
Blakely, was to be considered as made the ostensible general
agent of the bank for the purpose of signing bills, the extent
of whose authority was to be measured only hr
the extent
ot his anal employment. It he had transgressed the parti-
cular Basis prescribed to him, the bank must incur the re-
stgbility.—The court, in giving judgment, said
formed their opinion independently of the fact
of the stoppage of the bank. In their view of the case, that
circumstance barn wholly immaterial. Undoubtedly,
where a Gres employs a clerk to sign bills In the name of the
firm, or where a joint-stock company employs their manager
to sign the name of the company in the Janine of bills, bills
a signed may be taken by the public without inquiry into
any special circumstances, which ought show the clerk or ma-
nager was in a particular insist:a acting beside his authority.
But it was not se her. In every instance Bakehly had in-
dorsed per procuration ; thst is, with a spacial intimation
that awes not the act of the bank, but of a perm having an
authority, to act. Panics, then, who take such a bill nice it
on the futh of that representation. Such was the doctrine
laid down in " Attwood v. Manning" (7 Bar. and Cr.), and
since approved of. The plaintiff, therefore, there being no
"meal authority in fact, would not succeed in the resent
"•••tira.—lttile discharged.

COURT OF EXCHZQURR.—FISTIIO•T.
Fittings In Sumo.
CILIA V. HUTT AND OTnnail.--JUDOKINT.—DiItICToIts
or Coigrants CANNOT LIOLLLY 101311 T Sitaala AID
Mannar) IT ACTION POZ THU RIOOVIRT OF CALL;
neon TRIAL—TWO woe a proceeding by audit queritli,
which, in modem times, has become almost obsolete. The
plaintiff held 10 shares of 0001 each in the Western Aus-
tralian Colonisation Company. A call of 12.51. a share having
been made some time sae, an action was commenced and
execution levied only to the extent of 200 f. A second call,
to the smite amount, was made, and legal proceedings having
been taken, about the same sum was realised, by execution.
The directors *boa declared the plaintiff's shuts forfeited.
The company wu afterwards dimolved, and by the deed of
di solution the three defendants were appointed to wind up
its dirks. They threatened to take the plaintiff in execu-
tion for the balance of his calls, and therupu he
awed out this writ. Re prayed the court by his
declaration to protect him against the defendants' proceed-
lags, and compel them to Wand the mon they lad ra-
covered, as in justice they ought not to hone both the shares

and the rolls paid upon thew The prevlaions of the der'
.are pleaded in justification, sad to those pleas the plaintiff
demurred.—Mr. G. Pollock was heard ea Wednesday
in Nippon of the demurrer, and Mr. Peacock in support of
the pleas. It wee contended that the defendants were war-
ranted is threatening to loomed against the plaintiff, as they
did sot slam the right to sae far the calls and forfeit the
Jura Their declaration (Milting them was a paled aul.
lity, mid they were therefore entitled to sue for the unpaid
ea—For the plaintiff it was emmended that the defendants
could not say their own sot was a nullity. The plaintiff had
no shares, and la the deed it was szplialtly Mated that
within • limited time sitar the declaration of for.
mines by the directem tits shareholder should have
no interest in the forfeited shares, why thereafter
should become the property of the reempany.
Sir F. Pollock, in giving- judgment, sell the wart had
carefully examined the deed, to ~Min wham the &lbw I
dents were authorised to site for the recovery of the
calls and forfeit the shares also. The deed
that the directors might either we for thee=eliseihk the
share,. Either of those two souses was open le theme hot
they could sot enforce paymeat of the calls by ajolonelleaf
• court of law and also brick the shares. The met mesa of
that the decimation of forfiritnre was a nullity, sad I
tier had **effect upon the jedgetent previously reeoemd.
The tw• powers—that of suleg and forfeiting the shares—
asaptherestves alternatively to the direstere, and they were,
, bound to mollete themselves either to one or the
sum ether's two muses. They had no right to avail them.
mime if both remedies. They had evidently elected to
cased by motion, when they not only broueht one
to judgment, and sued out exieuion.
The tun of the shares subsequently was a nullity and
eneli net &hat a valid judgment previously obtained. The
had OIDOOkIe DO grosses for costing to the Wert.
sad, epee the hmeilleisesy of his declaration, the judgment
Insist he he the isileniamts.
Tan airman HI UDC° arms Team will commence
em Friday the Ist, end terminate on the Bth, of De:ember
seat.
eras Pam, at Weatealretar.—Before Yr. Baron Platt and a Ilklellasez
ammo ham
The learned baron sat yesterday at Westminster, and pro-
moted with the muses set doers for trial at the " third sit.
Mope" is term. A number of undefended eases were die.
pad of.
haul V. RODDIN.—DIOPUTED TINANCT.—This was
es action at the indium of a builder to recover the sum of
11101. for repairs done to the premises occupied by the deign-
dent in Pazia.place, Brixton. The defence was that the
emieseet was not made by the defendent, and that a Mr.
Windward the rodent°, of poor rates for the pariah, Led
who had since absconded, being indebted to the parish in a
large sum of money, was the real tenant. The ems had
only teen pertly heard when Mr. Baron Platt rose to go to

PREROGATIVE COURT.—Yurnanza.
Slum 10. Swam.—The arguments in this cue were to
opened this morniag. The question is dispute was the
validity of a codicil made by a Mr. Smith, late of Scotland.
yard, • farrier, by which a legacy to Miss DU A. Smith and
another sister theetor was revoked.—Dr. R. Phillimore
was heard on part of Mies Mary Ann Smith in opposi-
tion to the codicil, the ground of opposition being that the
testator was insane when he said. the codiciL—Dr. Addams
and Dr. Hayford, in reply, contended that if the will was to
be held valid, the codicil was timidly so, a few months only
having elapsed between the execution of the two internments
There had been no evidence to prove that the testator was
of unsound mind at the time of executing either of them.—
The Court decided against the codicil, there having
_hem
evidence given that • conuniskion oil had in MI de-
clared the testator to have been of mind from Dee.
30, 1838, the year previous to the date Of the codicil. The
costs Mall the
_parties to be paid out of the estate.
BAULBT V. reIITAZIAKOTON.—Dr. image, on the part of
Miss Henrietta Barley, applied to the court to have probate
granted to • codicil said to have bean *aerated by the late
Lord Portarlington, by which he gave 3001. per annum to
her kw lift, curl directed hie ezecutor to purchase the house
in which they resided at the time of his death, situated at
No. 10, China-terraee, Lambeth. It appeared that the tes-
tator had some mouths before his death made a will, by
which he bequeathed estates is Inland, realising 4,0001. •
year, to his brother, Colonel Dasher Dawson; be also be-
queathed 10,0001. to • lady, the whether of as illegitimate
daughter ; and further directed the remainder of his estate
to be sold, and appointed his nephew, themessnt Lord Perk
arils/tea, his residuary legatee. who it appewrodinovroppzeed
the validity of the codicil. The learned advocate went
minutely through the whole of the allegations, atatieg that
his lordship en the evening of his death came into the !par-
lour, where Miss Barley was sitting with her mother
that he went up to her and looked her earnestly
in the face, his own countenance at the same
time assuming a change, and he did not speak. Mn. Barley
thought his lordship wished to speak to her daughter alone,
and offered to retire, when he exclaim:ll No, no! I want
you." They then went up stairs, and he dictated to Miss
Barley the instrument now sought to be propounded, which
was attested by Mrs. Barley and • servant girl named Sarah
Oliver. He therefore prayed the court to grant the probate.
The parties had cohabited tousther for eleven years. Miss
Bailey had studiedtke happinew and comfort of his lordship,
and he had not paid any rent for his lodgings for two years
previous to his death, which took place almost immediately
after he had executed this codicil. Dr. Harding was beard in
opposition to the instrument, contending that there wu not
sufficient evidence to prove the validity of the instrument.
The allegations of the two attesting witnesses were at
variance with each other. Sarah Oliver had deposed to the
will beginning John Darner Earl of Portarlinaton, whereas
it wu John Berl of Portarlinglon, and that it was the &at
time she knew he was Lord ffortarlington, as he went by
the name of Jones, he being at that time in vhis ery embar-
rassed oirenmetances. Again, Mrs. Barley said lordship
read the iristrument to himself before be signed it; while ,
the witness Oliver attested that it was read aloud.
Uwe were many other discrepancies in the evi-
dem. It appeared that attempts had been made
Arent the medium of a Mr. Diver, a solicitor, with his '"
lordship's family, and afterwards with a Mr. Jackson, to OP
impel an arrangement threatening to withhold the will, 1
owl urging that the daughter had some claim upon them 1.11
free.the affectionate manner in which she had watched over
Ibis lordship. It was also alleged that they afterwards em.
ployed • Mr. Burt, a solicitor, to whom they showed this
document, which had been secreted for more than • =oath,
that Mr. Beart, on the past of Miss Barley, wrote to Mr.
Jackson, offering to relinquish all claim under this codicil,
if they would allow her an annuity of 1601. a year,
stating u a restos that the offer was made rather than
wait the law's delay, with a probability that the Irish estates
might not realise so much as might be expected. This de-
mand was afterwude reduced to 1001. per annum, and find-
ing eke could not succeed in either of these objects, she now
came down to this court to ask to have this paper pro- 1;
pounded. He (Dr. H.) thought the court would see there S
fi
was so much suspicion thrown over the whole of the trainee-
tion, that the prayer of the petitioner ought to be re
fused.—Ties court adjourned the further hearing to a future I
day.

INSOLVENT DEBTORS' COO ILT.-.VIATIRDAY.
before Mr. Commissioner Manta.
IN in J. C. ASIITOS..—BILEACH or TEVISS.—In this
case Mr. Cooke opposed for Mr. Blithe, the detaining credi- I
tor, on the ground of a breach of trust, and Mr. Way sup-
ported. It appeared that, in 1446, the petitioner was
by Mr. Blithe, a Birmingham merchant, as one of
appointed by
agents ; that, in such capacity, he had reosived
the saw at 8001. from various parties, but had only handed
ever 5001. of the amount, applying to his own purposes the
remaining 3001. The case was one that had stood over from
• former day in order that certain books which had been
withheld from the bands of the assignee, by the insolvent,
might be delivered up to the court. Two or three books have
been filed during the interval of adjournment—the
insolvent declaring that the knowledge of their exist-
ence had escaped Lis mind. Th 3 neglect, how-
ever, to resign into the keeping of the court all
books and papers relating in any way to his affairs, was urged
by Mr. Cooke as an offence committed by the insolvent
against the provisions of the act sufficient of itself to dis.n.
title him to an immediate discharge.—Mr. Harris looked
upon this as a case standing without excuse. This was not
the first time the insolvent bad passed through the court.
No earlier than the year.lll4l he was discharged from Willi-
ties amounting to 10,0001. He (Mr. Dams) considered that
a gross breach of trust had been committed upon Mr. Blithe,
and that the petitioner bad furthermore sinned against the
act by withholding books from the file of the
der by
t that he be discharged from custody at the termination
of the period of twelve Wender months from the date of his
vesting order. Casts of opposition allowed.
Before Mr. Corandadoner 1431111 p.
Dr no J. E. o*Batturs.—This applicant, who had been a M
clerk in Sonierset.lionee, was opposed by Mr. Dowse on the
ground of realer eatravagance. The Wary of the at
tioner wee, it appeared, 1001. a year, while tailors' bills .11
alone figured on the schedule to the amount of NM for nods r.
had in ten months. A long examination of the insolvent .
ensued, in the course of which be adextted that he had paid to
bills since the filing of his petition.—The Commissioner mid
such an avowal of itself was sufileient to take the can en- si
tirely out of his hands, did no other rooms for refusing to
name a day for the final order present theenadvea.—No day
named, in consequence of the insolvent having parted with
property since the filing of his petition.
1

POL/CE.—YssTEADAY.
SIANSION-TIOUSE. P.II:PZELS.—The Lord
Mayor was angst d for some hours in hearing cases of
vagrancy (mostly Irish) brought by the City policemen
Velars bus. Ms lordship committed nearly forty &ware to
prison, and observed that if the government did not interfere
to prevent the inundation of vagrants in London, all the
prisons must NOD be filled to exams.
GIU !LORAL L.--Mons I ana PLUPlll.l.—Thete were DO
less than forty-nine charges of begging, thirty-eight of which
were agaiwit Irish gauge= for begging
.in the streets. The
reason of so many being taken up was in consequence of the
importunity of the beggars in every part of the City, more
particularly on the Sabbath, when they came from St.
Oilei's, Whitechspel, No= lane, and in fact from almost
every Irish locality, to carry on their avocation. In
oonsequence of the numbers that cams, and the pitch the
system had arrived at, the commisaionerwas at last induced to
inns an order directing all coiattiblm to take parties Into
custody if found begging. If it was evident the were really
destitute, then they were to be taken to the worhhouse ; but
Ii
known as Impostors thee were to be conveyed before the
cnagistrates and ds It wits accordingly. Out of the whole
batch only two were discharged, as they were going to Wales.
The rest were sentenced to terms of imprieonment, varying
from 7 days to 14 days, and one man, who found he could
not succeed in getting money trim several gentlemen, com-
menced trying their pockets, and for his pains received sen-
tence of two months imprisonment. Two of the prime= had
just arrived in London, their fares (2s. 6d.) by the steamer