The Express.
London, England, 1851-01-22 00:00:00

EMI) intellteence.

ADYISFION Of SOLICITORS.
Smote. .11e Racer If the Roils lea epptenterl W,therdaY. the
29 hot J.ts Lusty, at the Mlle Owl. Mau. 7-lest, at tare, o'truck in
the afterttonet, tw attesting aOew9e. leery p rave 4e...notis of bring
erase of. th oe nay mm: ken hh er room law sdutiotts, or ha
ileruhtute .1 pee ice tor the curtest year, at the seteetarre oars,
Zells-yard, Uwaorry-Lass. leanTeeiday. Jl9/1/91

EQUITY COURTS.—YEPTEIDAY.
Pumas ma Lone Casvcassom
MILLIn v. HU DDLtaTon■ •ND GUMMI.
CONeTKVeTIoN —Ansi:MISS AND LIOACISIL—PSIOSITT.
—.DIVIDANDS On CAPITAL.
Thu was as appeal) epithet a demo of the late Vies
Chauelleir. uf Zeeland epee the oonstruebon of the will
• Mr. Crseeriek, dated in 1634. The testator, after .ems it
gig.
to Lie wife, glee ts her and to hi three
OB▪
P6swei 1- C. Medal stone, W. Juke" and P. Jacktor,
all his reed cad personal property upon trust, to sell, du
pose uf, and collet the raw, and after paying his debts and
funeral aid t. stomeotery expenses, to floras; the residue ol
the money &ruin from sects sale and collerion is govern-
ment eta ho cr ensaritlar, and out of the interest and din
deeds thereof to pay to the testator'e daughter, Mary Mee
Miller, edit of George Millar, one &smutty of 6001. for her
lik, fee here ntente us brother, ctot ot tee said interest and
dividend. to pay to kis W. Creswack, eamoity of
100 L for hie life; and altar pelmet of the said
several anaeitses upon In.; to pay the remaiader
el the interest or dividends arising from said in-
vestment nd from the rent. and profile of the testetor'e
Ireeeelld or Wambold prop-fly which should remain us.
meld, te his wie for her hie, end attar her death to pay
Mary Lau Milk/ soother annuPy of SOOL for her life for her
separate re, lisle should have ao child then living, but if
the should thee or &lowlier& have any Ad, the said two
unease' phould cease, mad the trustees, liludoleetue and
W. and P Jackson, abould rape out of the treat fend 20,b00r ,
sad invest the same in the government fends upon treat, to
pay the in ler. it or dividesde to Mrs. Miller fur her life for her
separate use, and alter her death the capital M 20,0001 to be
divided smug her e.ildten, or if but one child, paid to that
child at the age of 11 years ; and in cu-c all her children
should die heMre the ego of 21, Sato the tntstor directed the
said 50,0001. to become put of his midway tout*, Lod he
gee his wile power to Wide* by win uf 5,0001., t art of hie
residuary estate, and to disputes of 1,0001. more thereof
by gift la her lifetime, or be will, among her
said three eio-trustees es she should think proper,
and the testator gave the resides of his ttuit estate to his
said Wee septet.* and trustees and;th hie four others (in the
will eamed), to be equally divided b. twee. them when fibs
same should become divi,ible by the deaths of the *meekest'
or othersrie, The seratoe died in 1610. Hie widow op-
V), ated the 6,0001, and also 8001. of the 1,0005 M whish the
had power to dispose, and died in 1813. Mre. Miller, the
testator's dauebier, had no child, and her o,lllllli,iel of 6001.
and 5001 helot" very much in arrear, filed Ler bill is 1845
Imams% Mr. lieddleatone end hie two 110-traateell Ira
administretion of the will and for aceintate, ttr. It appeared
that the two sums of 6,000 sod 11001. appointed by the
t,.talor's widow wording to the power given to beg by the
Wl.i, ressioedenpaid, sad that there was not proper Tanking
from Interest or dividends of the testator's estate aufhdent to
rse those two sums and the annuities and mean thereof.
The principal goalies in this cause sad la this appeal ma
whether the asnotties should abate proportiocaily with those
two sums or whether the annuities should have priority, and,
if neemeare, should be paid out of the calif al of the teetwor's
estate. The Vico Chancellor, on the hearing of the cause on
further direerKna, held that the annuities were i nUtlt d to
priority, sad should be paid, it necessary, out of the torpu
of the testator's estate.
Mr. Lloyi sad Mr. Selwyn, is rapport of the appeal of
the trastare and residuary legatees and partite interested in
the gifts of the 5,0001. and 6001, smote mded that the will did
not author., p ty meat of the sac aides out of ;he capital of the
testator's residuary estate. The will eentuiasd only a direc.
tioa to pay them nut of the iatemet met dieldorde.
Mr. Bolt and Mr. Ottiord, for Mrs. Miller, supported the
Vice C hauct Hues deciatoo, and contended that the annuities
were charged sot only on the income, but elso upon the
oorpus of the testator's property ; and also that they were
entitled to priority over the sums of 5,0001. and 8001.,
appliand by the metater's widow. Numerous Meta were
referred to on each site, including " Foe, v. Smith" (2
Youth. sad C., 193); "Arnold v. Arnold" (2 Idyls, sad
C., 266); .• Boy Iv. Nokia " (10 Sims* 695); " Wighton V.
Colquhoen " (1 De Gee and Sim., 3.17); and " Restage v.
Andover" (3 Voltage and J , 300.)
Mr. Lloyd being emgaged in another **art when hin
O deed eoueluded his aigiunent, the further bearing for the
reply war adjoantod.
TATO. V. MADMIX.—WILL.
POI LIPS on PiIIarSTUAL, AND WIIKTKIMA STAKLOIO OK
CM JAMAICA COKAINCT.
This also was sa appeal *Oiled • decree of the late Ties-
Chamonior apes the camstruction of the will of a Mr. Yates,
nails ht Jamaica is the year 1632.
TM eme wee eat concluded at the rising of the court.

HAIL COURT.—YEsTERDAY.
"'Lamas. e. Teruo.
Mr. Wordsworth applied It, a rile calling on the plaintiff
to show eases why a serials warrant of attorney executed by
the defendant at retie on the 4th Much, 1850, should not
be set aside upon the grounds—first, of fraud and saissepre-
aentatias ; moondly, of illegal consideration, , future
cohabitation; thirdly, that no attorney named by the
deters
dant was present at the execution ; tour lily, that the attars-
Mos was not In the terms required by.the statute ; and fithly,
that, as it contained a release of errors, there should have
been a delivery, as in t►e case of a deed.
It appeared that the defendant went to reside in Paris, in
November, ISIS, and took up ha abode at a boarding-house
In the Rae 8% Hearne ; h. there met the plaintiff, with whom
Le famed an illicit connexion. He advanced ►er first a
ens of MA, then several SIMS amounting to 2,0001., besides
the pretest security now sought to be sot made. It further
appeared that there was another lady in the bierding- house,
a friend of the plaintiff's, sad a preposition was made that
they should take a boaruterhosise, which these two females
should manage, and the defendant find the money,
the profits to be shared among them. la order
to carry oat this plan the defendmt deemed
further sum of 5001. to purchase furniture. The ;dais-
tiff further urged upon the defendant that he shoat
snake her some plummet% provisioN and that she
should thin live with him exclusively. I.lpea t►ese tams he
agreed to secure heot per annum, bat he stated that he had
no
other mesas 01 serving it except ape& the proceeds of the
bardiag house wheat we to be established. This arrange-
ment having been Hteed into be was regueited to see •
Mr. Trapp, who wse not en attorney, but acted in mitten of
this sort, and he accorsbagly ieutrated Mr. Trapp to pre-
pare • bond fur 30001. Mr. Trapp bigoted him to cu•etder what
be was &host, and no step was taken at that time. Ties
• and defendant went shortly ',aloud' together to intim,
w►en she assumed another name, and stated that the Winding
owed her sister 3,0001. for stoney lent ; he than prop mod that
• warrant of attorney should be executed. Ihe bond was
canditrosmi to pay the sum at 3,0001. sin swaths after notice,
and interest at 5 per cent, in the meantime. Trapp then
toad the defendant that one Edges Smith was the agent in
Peru for the Court of Huheq•er en London, and that the
we/resat of attorney to be valid meet be rerouted before him.
He emeaniegly went with Trapp to this Mr. Smith and ele-
vated the warrant of attorney. Defendant the■ became
impatieut far the establiehmat of the boarding-house, bat
the plaiatiff told kin at • could not proceed without • (onkel
ram 0600/. This, however, he was not ails to find, sad he
that diseovend that there was no intention to ',tibia\ the
lame at all ; that the whole of the previous 5001, had ben
spent. bat no furniture purchased.
Mr. Jestim &le granted the rule upon the three ant
groosida but not upca the ether two.
Mr. Wordsworth then applied to be allowed to servo the
rule epos an attorney in Abingdon street, who had applied
be the iateres; but who was not the attorney by whom the
lodgment had been entered up, and who stated that he wig
net trended by the plaintiff, lint by • distinguished perms
whose woe it was not neomeasy to mention.
Mr. Justice Erie said the beet plea was to endeevoes to
serve tM rile in the regular way, sad If that failed Hun
would be time enough to apply to Um mart.

COURT OF COMMON PLEAS,YrarzaDAy.

Imam a Laos. Boas me Lao Ours Jams, Bk.
Jana Mina, as. Juana aIaIIWELL. APO Ni. Jana

if tuaalii.—

Raraion o. Latno.—itthorion or Dthevinsui or TYR
BIUORTOII RAILWAY.
This wee an esti= of trespass and assault fee turning
tlaiLtiatill out of the board-room of the directocs of the
es& Brighton Railway, the defendant being the
okarmaa of the heed, and the plaintiff dinning to be a
director. It appeased that at the annual election ordinal=
which took pine on the 4th Mara. 1850, to supply the
vacancies oseasimod by the retiremeat of three of that body,
there Ware four candidates, via., Meson. Nth, Laskingtoa,
rianster, and Rastrick. Upset a show of heads being taken,
defendant declared the first three to heye boon elected; the
(newts of the plaiatiff, however, insisted that the show of
hands in be. favour was greater than that in favour of Mr.
Schuster. The defendant then directed that Mears. Sans=
and Raetriak should proceed to a poll, which was at case
takes, and it terminated in the election of Mr. Schwas. The
parties Toting, however, only placed their votes appealed's
names of Misers. Schuster and Remick, although the nuns
of the four candidates were on the palling pipers. Thereupon
plaintiff craned to be elected, Contending that only those
candidates who had gone to the poll could legally fill the
aloe of directors, and that the shareholders should
have voted for all the four candidates. Plaintiff sub-
sequently attended a meeting of the directors, when
the defendant, as asinine, objected to his pregame, alleging
that Megan. Niz, Leal:4ton, and Schuster had been elected,
and the plaintiff was yid out of the roan, on which he
brought his action for trespass aid 'malt, with a view to try
the question. At the trial, before the Chief Bumf, au of
the issues wee found for the plaintiff, sad the other, which
was the material inn, for the defendant, and leave was re-
served to move to enter the verdict for the plaintiff at both
inns. Mr M. Chambers obtained a rule in Michaelmas

;rat Wt atlas on thow—eacme why 7.17 e
verdict shoald not be so entered.
lir. Bramwell now showed cause, and contended that the
election of NW, Larlungton, and Schuster was valid, that it
was in elsetioa of three, or no election at all ; and that in
wither Mew of the case could the ylaiotiff be considered a
&rester.

Mr. (hammiest wad Mr. Peacock, Q.C. (with whoa was
Kr. Willis), etstmilla, at was length, that the aaly patio
tidy elated ems Mem. Schuster and Ruttish, far wham
l.
shoe the poll was Ma
Ths qhwt, hittm% UM el a soatrary *pinks, tad
IMMO Weft Mr. Mau the Mr.
tab Ilbasep

EXCHEQUER CHAMBER.—YarruDAT.
BOOLI 11011.• CAILIVALL AND TOR JVDOVI Of 7111 Qvaces ROM
WM. 0011111 Of PLOWS AND BASOMS Of Lacrrsavaa.
APPOINTIIINT 07 EILIOI DAIS.
the
Lord Campbell iatimated that the judges bad flmsd
folluwiag r the error days after term: Saturday. Feb. 1,
sod Moeda', tm 3rJ, for the Court of Quota's Bauch;
Tumthy, the 4th, for Its Clam • Pleas ; and Wtdanday
acd Tbanday,tia• 6th and 6 h, fur the E &chequer ; and it
aireasary they would hold a saucy au a leubeequent day.
Mr. Jostles Panama said the court would give judgment
la Mamma tram the Exchtover on the fire; error day for
that soars.

INSOLVENT DEBTORS' COURT.—YanzaDAT.
Isms rus Cons OmENUSION
Ix TIM KAMM OP THOMAS HAJJ.OWS.—A
.

This Insolvent, an old man of " eighty•two" years, applied
to be discharged from Wkiteckustreet rtkoo, where be
had bun cocfined some months. Dia ',keepsl debt arose
ease pecommodition b.ll, which he bad accepted for hie son,
and on which be was taken in execution, in August lair, and
had remained in prison tr)isg to oonsprossiee with the belief
of the ease but without muss. He was now brought
before the court through the Nimbuses of the Society for the
Relief of Peruke CAdined for Small Debts.
On the case being called, an application was made to the
court to suommodate the applicant with a seat, on account
of Lk gnat age, which was mated to be 84.
The Chief Commueiiker asked him whether he was 84 ?
Oa which he replied, "1 am 82, air."
Ho was, of course, accommodated with a ant, and, is
answer to the court, said a friend had been in the habit of
allowing him 11. a month, acd his son inlay had mined
him.
His Honour asked the insolvent how he had come to put
his name to the bill on which he was in prison ?
The old man said it was for the accommodati
wk., had since pared through the court.
The learned Commissioner told him not to be tempted to
do such a thing again. It was very melancholy to ewe a
won at hie great age in prison on an accommodation bill.
He (the Chief Conaimioner) was glad that he was not

of his son,

wpored.
The insolvent promised that be would not again give an
actoramodivion
Hia Honour wu glad to order his discharge, which wee
rooted forthwith.

MIDDLESEX SESSIONS.
Baron" Ms 111111.16 Arr Musk issarrairr-Junus.
LOWEST.

An elderly man named Crone, convicted at the last session
of larceny, wee also brought up for judgment.
Tits prisoner was a person of some notoriety, from his
gnat sountricity of manner in the struts, from being almost
imatinnally intoxicated, cod from the fact of his Mira •
pinruabolaiing teacher of the French language. Formerly
he had been an usistent surgeon in • regiment serving in
Portugal. The officers proved that the prisoner had been
minvicted three times summarily, and a doubt having been
upriu.d, as to his sanity, • oertifinte of Mr. Wake field, the
prison surgeon, was put in, to chow that he was not of
one' wad mind. He was stotenced to three months' hard
LLur.
Prisoner—My lord, three months! Can't Ibe flogged, or
somching of that sett? I'd much rather that than go to
pious, I would indeed ! (Laughter.)
The leaned Julge said he could not comply with the
illu'rtotntrth—eiriniir. very sorry for it, my lord, for I
wears yea I'd rather be bung, flogged, or anything else,
than go to prison. Anything but prison for me. (Loud
Moabite.)
In. prisoner was then removed.

THIS? TRAlllO4O.—Tea Tureens' " KITCHSN."
William, Bristol, 28, a desperate looking fellow, was in-
dicted for a misderni snout in having attempted to steal
from the person of a man whose name wee unknown.
Archer, a detective officer of the (3 division, deposed that
itia the evening of Saturday the llth inst., he was on duty
with Fisher, anot►er officer, in Gray's-inn lane, when be
saw the prisoner, who was in company with a well-known
thief and a prostitute, lilt up the cost-tail of a man who
was just by Fox•court, a notorious spot, and put his hand
into it, bat before he had time to take out anything the
pocket might have contained, the woman called out " Here's
that Archer and Fisher in plain clothes," whereupon they all
ran away rapidly. Witness followed the prisoner, whom he
captured in a tobacco shop.
The prisoner, in answer to the charge, said he was quite
innocent, and that the evidence of the officer was quite fele.
The learned Judge said it would be useless to my more in
summing up than to explain to the jury that an attempt to
mama a felony was a misdemeanour, and that if the jury
attached credit to the evidence of the officer, and to his mind
it wee clear and conclusive, t►ey would bud the prisoner
Archer said that the prisoner had been convicted of
felony at Gaildford Assists, and sentenced to nine months'
hard labour. A short time ago Mr. Ye 01216113, gun contrac-
tor to the East ludic Company, was robbed of nine muskets
and bayonets, and soon afterwards he (witness) apprehended
two persons for being unlawfully in possession of acme of the
property. On searching the prisoner's house one of the
bayonets was found, and there was no doubt of his being
concerned in that robbery. The waness added that Fisher
could inform the court what sort of character the prisoner
was.

Mahar than made a statement to the following effect:
He kad known the prisoner for three years am a mem-
ber of • gang of ..aring thieves, and as the " deputy"
or sub-landlcrd of a notorious den in Focceurt,
Gray's inn-lane, which was known u the "Thieves'
Kitchen," and which was the undeavous of burglars,
pickpockets, prostitutes, and pot stealers; a regular
receptable of stolen pre perty, and where nightly could be
seen thieves, prostitutes, and beggars of all eggs and both
mute, huddled together indiscriminately, there being in seas
instances eight or ten men, women, end children, all in ore
bed together. Some elssrt time ago he AILS on duty near
Fez court, and on contriving to peep into the "Kitchen"
through a window he saw the prisoner in the room with •
line tied berm it, and from this line was suspended a coat, in
the pockets of which were placed pocket handkerchiefs. A
dorm little bop surrounded the prisoner, and each in turn
tried his skill in removing a handkerchief without moving
the coat or shaking the lane. It he performed the rummy»
with skill and dexterity, he received the congratulations of
the primmer; it be did it clumsily or in sock a manner aa
would have led to detection had the operation been per-
famed en the unit manner in the street, the prisoner beat
them with severity, having on the occasion in question
knocked down and kicked two of the boys for not having
exhibited the requisite amount of tact and ingenuity in
extracting the handkerchief. There ware, in fact, two
kitchens, one being superior to the other; threepence was
charged for a night's accommodation therein, and in the
other the charp was twopence per night. The prisoner wan
the " deputy " of both.
The learned Judge said he most sincerely regretted that

the court had not the power of passing such a sentence am
would rid the country of the prisoner, and he might think
himself fortunate in having been convicted of misdemeanor
Italy. Yor that misdemeanor the court could net sentence
bun SO transportation, and the sentence was that he be kept
1 to hard labour for eighteen calendar months.