The Express.
London, England, 1848-01-28 00:00:00

he emosentiag tke dilaallies them thole prowl out
in osairm He edimltteiMlO oder he
she inn__bwet oselireeninOgiMfght oohs • power
othrephy os albs imam Si*, pony NOM as thin wasse
elute means of iquiry pointed eat by the law. This Wag
the esemleal reiff~INISMINLit unwed that easteste
with the Pepe en the Oiler mare ha ossemeose el the
exactions sole by the Pipe It o biros for esMreing
thar._ll_l2f UM of Hoy VIII. ode certain
es le these naymmatty it did pet Oldish
stlf the Pew te es taro ; bathe Pope Mincontinning
hie annstai, the Wt Mainly VIII. was passed, which, after
resides*, Mt el Eery VIII., redo est for co-
Is hie omen by Ws arehlakeper Wow, Weald
the ef the Pao t and the biros ort MI be woolnated
thole or as dW, Worm orternothed the Pow,
bray the Lines notheiihn. How was that her By the
delivery of the ries awl sat when than waist seadmatirso.
There was re good whetwer fbr the Innifil dirbsetion
drawn by hle boat Mod, Mr. BaMalig, • s to Os pool-
' ties el rook, lying as *what the do smiE hr
retire tiros% while it would NO de se so the
trek Ise refusing to waft& Hh Isonell had
Ir proper to e Wino MOM eskanseist He
ttdmicoraeld Abe proper to sleet iolt a posses Moused
in the IWO midge He would WWI the sees, that the
party dorsi Whew gnaw el a behantelhmur—what was
the bp
iareb to de the •se of parliessent.
If they g ssad answered mdsOrgy tke quarks*
put to Ida at the eocsocretion, and which had been pro-
, sided priestion against the admission of improper yr-
se w,1111161#1111 out rain. This
This ver
.point
ME bass emmieseas a caddie be whim' he
shied, it whom to or of sboom person
armed by the kiag, he coos was for she Moors,
brew the electiaa, MuMily to mosses% the matter to the
MiterTo say that the = was to impart and hide
the Mina be confirmed
se wet, was toPerlve a yob cm the Hiag's pre-
maim With regard ut the authority of the caweiats he
submitted that it could ealy have weight when it Gould be
• shown that the old taws law was incorporated with the corn-
row M met was it the ease in this sonny. No nano
do wee le plead eh the constitetims of Othobon or of
Is the mot et A:Ability l'irker, the &mo-
ron who Mimi ism the proem ; therefore,
Aka emtedell woo leeppliesble. Then was only
one eine OW 1/1 Wait he would refer. The same ques-
tion sow under emidention was incidentally raised in the
keehtmarew ewe, hi respect to which, • high authority,
Lord Dreeslres—
lord MINIM Imre made a gesture of horn.
The hatetwsrawstmal ; If his lordship thought he ought
net: to lel* to that case, he would not do so. Perhaps he
net. He would only therefore further trespass on
the MlMpos of the martin.. their lordships to de-
tide Ile sin at as early a se pomible, and to express
a hope that they would not urb the winds of the clergy
and the peeple by putting the otter ins course which would
muse it tn in taken before another Whoa], and thus delay
the 'statement of the question for an indefinite time.

BAIL COURT.
Miens la Sewn before Mr. Justicealightman.
Tan QueeN a. Stu W. YOtINO AND CAPT. CHAR- 1
atria.—Mr. Cockburn applied for a rule to extend the
time for bringing up Sir W. Young for judgment, and
enlarging the reeef,mlisuices. Notice had been given that
ueiendants were to be brought up for judgment to-
morrow. He moved on the affidavits of his client's attorney
and medical man. The former stated that Sir W. Young
had been for some time, and was at present, most seriously
ill; that by the direction of his surgeon deponent had not
informed him that the trial had ever taken place, or of its
result, aa he wan not in a fit state to know it; and the affi-
davit of his medics' men stated that it would be utterly im-
possible that be could attend the court to receive judgment
to-morrow.—The Attorney-Oeneral said that he had con-
ducted the prosecution in this ease. As far as
he was concerned he was perfectly willing to dis-
pense with the attendance of Sir William Young;
but here there was this difficulty—in this case there were
two defendants who were to be brought up for judg-
ment. On behalf of Sir William Young there was a motion
to be made fee a new trial, and if the rule was granted he
apprehended the matter must stand over, SI he was doubtful
whether sentence could be passed on Capt. Charritie alone.—
Mr. J notice Wightnian said that here two defendants had been
convicted together. It might be that the court would make
the rule absolute as regarded Sir William Young, and there
might be no ground for making any interference with res-
pect to Captain Charritie, and if be was brought up for
judgment and sentence wee parsed upon him it certainly
would create a difficulty.—The Attorney-General stated that
intimation had been given that no step would be
taken by Captain Charritie in arrest of judgment.
lie thought the matter might be arrnaged in this way:
C apt. Charritie should be brought up to-morrow for judg-
ment, and his learned friend, with his (the Attorney-
General's) consent, could move for a new trial in the ab-
sence of his client, Sir Wm. Young. If the application were
granted, then the matter could stand over altogether till Sir
Wm. Young was sufficiently recovered to attend. If, how-
ever, the rule were refused, sentence might be passed on
• Capt. Chsrritis at once, and Sir Wm. Young most be pee-
-1 duced as soon as he could safely be brought up.—Mr. Cock-
burn amented to this proposition, and his lordship said,
under the eireurnstanose, he would grant the learned coup-
' eel's application.

COURT OF EXCHEQUER.
BIWA/. is Blum.
ACKLAND, BAIT., O. DIILLIIN AND ANOTllll.—This
we was argried upon demurrer on Monday lest.—
The Lord Chief Baron suggested that the plaintiff
ought to emend his replication, by averring that the defen-
datum, had not acted under the authority of the Tithe Com-
mutation Act.—Mr. Greenwood, on behalf of the plaintiff,
expressed his willingness to amend in accordance with the
suggestion thrown out by the court.
Hums v. Lavnescs.—TEE Courerr COVIITS Acr.—
Com or PIDNICIDINOS IN 80P111108 Conan.—This was
an action of covenant to recover 601., and • verdict passed
for the plaintiff for 61. Proceedings were commenced
on the 10th of March last, • date material with rawest
to the establishment of the county courts. A rule
was subsequently obtained, calling' upon the plaintiff to
show cause why, upon payment of 61., further pro-
eroding; should not be nand, or why a suggestion
should not be entered upon the roll to deprive the plaintiff
of coats under the provisions of the County Courts Act.—
Mr. Crowder, Q.C., appeared yesterday to show cause
against that rule. The question involved was, whether
actions brought in the superior courts for sums under 201.,
alter the passing of the County Courts Act, and before those
courts were actually opened or established, had been wrong-
fully brought, so as to subject the plaintiffs who obtained
verdicts to the loss of their costs. On the 28th of August,
1846, the act of parliament establishing the new county
courts obtained the royal anent. The courts were to have
been opened by an order In council, but no such order wu
made until the 4th of February last, and that order was
merely to take into consideration the establishment of these
courts. On the 9th of March last the that notice was given
of the establishment of the county courts, and no plaint
could have been entered in the court in which, it was said,
the present claim could have been tried, until the 16th of
March last, which was Ave days after the writ in the action
had been baud. It was now contended that the plaintiff
was authorised under those circumstances to sue in the
superior courts; and as the county courts had not been then
established, so as to be capable of entertaining his claim, that
he should not be deprived of costs incurred in the superior
court, where he had been surrcessful.—Mr. Charnock sup-
ported the rule, and contended that the court were bound
under the 120th section of the County Courts Act, to see
that the plaintiff should not recover his costs incurred in the
superior court,
where the debt was under 201., and the
suit was commenced for the recovery thereof after the pass-
ing of the County Courts Act. The costs now claimed were
1201., and the plaintiff need not have incurred them, as, by
waiting a day or two, when the whole machinery of the new
act had been brought into ooeratioa. he could have hed his
demand investigated at much less expense. As he hell dome
to adopt the course he had, the court should now make him
pay the penalty of his rashness.—The Court were of speaker
that, before the plaintiff could be deprived of the costs he
had incurred in the superior court, it should be shown that
there was a county court established on the 10th of Mouth,
1847, when the present action was commenced, and that suck
county court was ready and empowered to entertain his
plaint. There was no such court established on the 10th of
March. The plaintiff could not be compelled to wait, and
he was, therefore, entitled to the natal costs of his action,
for the rule had been obtained for the purpose of raising a
question upon which the court entertained no doubt ; and It
should, therefore, be discharged with costs.

COURT Of BANKRUPTCY.
before Mr. Commie Amer Goalearn.
Masons. ALIZANDIRIeII ilax&norrOx.--Onoes Amour!.
or peare.—The bankrupts are—Leslie Alexander and
William Bardgett, merchants, of Old Broad-street. This
was a meeting for the choice of assignees. Numerous proofs
of debts were given. Mr. Webster, on the part of the Union
Bank sought to prove for the amount of certain bills,
id, accepted by the bankrupts, and drawn by Messrs.
and Hutchinson, under whose bankruptcy the bank
W elmprored on the same bills, and received a dividend or
of 16e. in the pound.—The commissioner in-
vie& wibetiber the proof was given on the bills, or on the
ssewlmteaded.—Mr. Webster said en the bills—The loci-
esiasser said the form of the affidavit /stopped the beak
Itom Olds proof. They could not make affidavit that the
bollmopte were indebted to them in the amount of the bills,
eilimitther led received a compensation on them. This fiat
Ma bolsi on the 12th of January, while the composition
babes& received on the Ist. Though the right of proof
eran sisgal one, it was not equitable, and could only be set
up in very special cases. He was clearly of opinion that the
bank could only prove for the balance.—Mr. Webster said
he should seek to amend the affidavit, and would submit
the proof in 'moult'. form.—His Honour said he must then
&edit on the question as it presented itself; as it now stood,the
poet he the larger sum was clearly inadmiasible. Some
amffillsealle time was occupied in receiving proofs. The
owt grieved for is now 283,6811. 14a. 9d. Mr Fol- I
HOeared assignee; and Mr. M'Leod (of the firm of
Mend and fßannieg, of. London.street, Fenchurch.street),
so& Mr. Rees( of Messrs. Wild and Co.",ollage-Rill),
were unanimously appointed trade meignea—Rime gawk,
men having previously acted ai.=S MEM taillare
having made i equity as to the of em sway divi-
demi, the Commis loner said the &rid weild be fixed at
the earliest possible day, which, by the slotate 6 & 6 Yic.;
fight be on the day of the last exessineekm. He under-
Ansi there was al ante ma of mow* hand lased
496. ~ we believe); and it owed* bo might the *afore
flar that an audit sod Mills& mallji:tioatli held
iMehafistigy alter the lest midis% MOAT eat,
Imes aissomery to allow four meths te ago bdiee a *vi-
and- fad& be waft MeV Mae dodgems ems ilk Is mks
is Imissikie &Idea of a asset..—Ti• bet saldnika