The Express.
London, England, 1847-06-10 00:00:00

COURT OF QUEEN'S BENCH.

RUSSELL V. 81/1111.—ilHST TO SING "Tx, 8111, ON
FIR." AT CROSBT-HALL, WITHOUT THE PIIIIMISSION or
THE COMPOSRIL—The creel bad takes time to consider
whether it should grant a rule nil he setting _aside the
plaintiff's verdict in this we.. The 8110101•0 mesa by the
application for the rule nisi was, whether the dednalant,
Lunn at Crosby-hall the ems eallei "The Ship we Fire.
without the peormission of the Vinwhe isempesed it,
ad b rendered himself liable W the tithe am, which
extends to musical compasidene peeleellen of the D 74.
tunic Copyright AM—Lest De maw new seht that the de-
fendant was entitled to a min—Rule mid
POW V. FIATIMIL-41141111111 or DAIIAOIS 1011 •
ILIFI,SAL TO smart RAILWAY SCRIP CEILTIFICATES.—
This aoticsa was brought to recover the sum of 421., the dif-
heinee between the pefresapre2se. mium, agreed to be given
Wilke dahadent to who were sharebroken, for
ffe inns itt the N and Osinstiorongh Railway
, end the malind by the plaintiffs from a
reandwariduat, at a damn* of 17s. per share. The defe n-
dad lidding° court lli., the difference between the pricehe
bad pea be give end the lowest price, 141. per share pre-
mines, en the Shewhigday, when he had informed the pina-
ta that he would sot complete the contract. The contract was
made on Oct. 20, 1845 ; the repudiation took place at half.
peasix in the evening of the 21St; the scrip certainties were
net head till the 22nd ; the 23rd was not a business day ;
mil en the Milk se which day they were tendered and re-
fixed, the leveed prieewes Bs. premium. Thu plaintiffs again
tendered the shares en Dee. 1, and on the Bth they 'old
them at the lam above seenticsed. At the Ohl it was con-
tended that the measure of the damages wu the difference
between the mime agreed to be paid sad the lowest price of
the shares cm thestaiXeien the repudiation of the contract
took pima and, that theostakifintleff ought to be non.
suited, TheJesitie, M. , directed the jury
to find a metiht he Me plaintiff he 31 , and Rave leave to
the deindent to mann te enter a nonsuh. A rule nisi was
obtained eamellagly, Kr. Whitehunt, Q.C., and Mr. Mil-
lar &owe( ar;- XL Martin, Q.C., with whose was Mr.
Barlow, woo Mad empeet of the rule.
. .

The mart WU of opingn that, in this ease, the vendee was
the only wrong deer. The damages must be determined
according to the lam which his wrong doing bad occasioned ,•
and the difference between the price agreed to be given and
that which could have been obtained on sale within a rea-
sonable time after the contract had been broken was a very
proper measure of damag s. The ease, therefore, would
best be disposed of by entering a verdict which, with that
paid into court, would cover the lose of the plaintiffs, had

they sold ea the 24th of October, the day of tender sod re-
fusal of the shares.—Verdict to be entered forth° plaintiff
for &.

BAIL COURT.

Delete Mr. lmdu wl~Etaae.
Tun QUIRN V. INMAN.—CERTIORARI TO /MIND Ur AN
INDICTMENT AGAINST A SCHOOLMASTER TOR AN ALLIOID
ASSAULT ON HIS SCHOLAR IN PUNISRIKO Sig.—Sir J.
Bayley applied oa behalf of the Rev. J. Inman. head water
of Grant/ens Onunnsar School, fee a certiorari to bring up an
indictment which had been preferred against him at the
sessions for that borough. It appeared from the affidavits
that Mr. Inman had been communed by a Mr. Payne, for
assaulting his son, one of Mr. Inman 's 'cholas. At the
hearing the justices were of opinion that as the parties stood
in the relation of master and scholar, and the annuli
complained of was made for the purposes of discipline, the
case should go to a higher tribunal, and an indictment was
preferred at the Borough Sessions. Since then a committee
had been appointed in the borough to inquire into the rules
made by Mr. Inman for the school, and the charity trustees
had presented a petition to the Bishop of Lincoln, the
Visitor, praying for inquiry into the same subject. There was
so much feeling and difference of opinion on the case pre.
nailing in the borough, that it was not possible there could
be a fair trial there.—Rule granted.
THE QUEEN e. LEDRITTLR.—APPLICATION TO DIS-
CHARGE A PRISONER ON BAIL, AND FORA CERTIORARI TO
BRING UP THE DEPOSITIONB.—Mr. Puhley moved for a
rule to show cause why Nicholas Ledbitter, a prisoner in
Lancaster gaol, should not be discharged on bail, and for a
certiorari to bring up the depositions. The prisoner had
been committed on the coroner's warrant for manslaughter.
The prisoner and his cousin, the deceased, had a quarrel on
the 29th of last month, and the deceased struck the prisoner
in the lace, and a fight took place between them ; they both
fell several times, when the deceased said he was unwell and
would fight no more ; he was sick, and died in the night.
From the medical testimony it appeared be had died from
effusion on the brain, which might have arisen either from
• fall or blows in the fight. —Rules granted.

COURT OF EXCHEQUER.
Sittiags in Bones.
SAUNDERSON O. DORSON.—WHAT PROPERTY PARSES
lINDIR THE WORD "ESTATE" COED IN A WILL ?-IEDo-
HERE.—The Lord Chief Baron, at the sitting of the court
yesterday morning, intimated the reasons for which the me-
tifieste in this case should be in fa, our of the defendants. It
was an issue directed by the Master of the Rolls to this
court, to determine the meaning of the word " estate," in a
will which disposed of both real and personal property. The
passages upon which the question at issue turned were in
these terms
I will and b:equeath to my said sisters (who are the plaintiffs) my
silver-hafted fairs and forks, tablespoons, plate, and 'hien, and all
the rest of my household furniture, goods chattels, estate sod effects
of whet nature or kind meter and wheresoever the same may be
situate at the time of my death, I give to the said J. Dobson and n.
Dobeta (the defendants) in trust for the payment of my jest debts
and funeral and testamentary expenses, Cie surplus, if any, to be paid
to my mid sisters.
When the testator executed that will, it appeared he was
entitled to the ultimate reversion in fee of an estate, then
vetted in an el .er brother, with et rtain remainders to his
issue. The home failed, and the brother having died, the
reversion in fee became vested in the testator. Under those
circumstances, the question submitted to the consideration
of this court was, whether the estate in fee passed under the
will to the executors for the benefit of the plaintiffs, or
whether it should go to the heir, to the defendants con-
tended. As to the legal meaning of the word estate, there
was no doubt (observed the Lord Cale( Baron) that that
word, used in a will, wee sufficient to pass real, as well as
personal property, unless it was explained or associated with
other words, which limited the genvtality of its meaning.
After considering all the circumstances, the court would cer-
tify to the Mestere: the Rolls their. pinion that the plaintiffs
took, under the will, no interest io the reversion. It ap-
peared the gift was to the defendants and their executors,
not their heirs, although the testator had need the word
" heirs" in another pert of the will, and it was also worthy
of remark that the property bequeathed by the will was de-
scribed as wherever it should be situate at the time of the
testator's death, clearly showing his opinion that the local:ty
of it might be varying from time to time, a description which
could apply only to personal property or chattels. The court
bad arrived at the conclusion that the generality of the word
estate was so restricted by the language of the will as not to
include the reversionary interest in question, and the certifi-
cate should therefore be for the defendants.

COURT OF REVIEW.
Ex PARTE NORTON, RE ROBINSON AND TURLAT.—A
CREDITOR DETAINING THE BANILIXPT IN EXECUTION
NOT ALLOWED TO OPPOSE TEE CERTIFICATE.—The peti-
tioner was a judgment creditor of the bankrupts, and had
taken one of them (Mr. Turley) in execution. The present
petition sought to have the flat annulled and the certificates
stayed. Mr. Russell appeared in support of the petition.
Mr. Evanston and Mr. Amphlett, for the bankrupts, said,
that, according to all the authorities, a creditor who had not
proved ender the fiat, but who detained the bankrupt in cus-
tody, could not assent to or dissent from the allowance of the
certificate. The Chief Judge asked whether all the authori-
ties on the subject were not cases in which the creditor only
sought to exercise the right, which he had under the old law,
of arbitrarily voting for or against the certificate—a right
dearly depending aria and incidental to the proof of a debt
--end whether them authorities would apply to an opposi-
tion ea their/mei of or foe other assigned rea-
ms. Mr. Eweneteu and Kr. Amphlett said no such die
Mesas had ever teen taken. It had always been laid down
Wt a ereditar, who had neither proved nor sought to prove,
malt net intedire in any way with the bankrupt's
artifice". They cited "Ex parte Lord," (2 Rose,
421); "Ex pares Bloyds," (1 Glynn and Jameson,
179); " Exporta Bostock," (1 Deacon and Chitty,
383). Mr. Russell having replied, his Honour directed
the ease to stand over till this (Wednesday) morning,
for the authorities to be further looked into. Accordingly.
this morning, Mr. Russell referred to " Ex parte Joseph,"
(18 Vevey, 240); and argued that it was clear from that case
that Lord Eldon did not think that such a preliminary ob-
jection as the present ought to prevail. The Chief Judge
said that at the commencement of the argument be dmillad
whether it was not competent for the petitioner to be bend
in opposition to the eentficate, although he had not peeved
or sought to prove his debt under the flat. But as the argu-
ment proceeded, and the authorities were cited, his Honour
had been very much struck with the fact that no case had
been produced in which such a creditor had bees allowed to
oppose the certificate. Having regard to that circumstance
and to the authorities cited, his Honour must put the peti-
tioner to his election, either to discharge the bankrupt,
Tur'ay, from custody, or to have his petition dismissed, as
regarded that bankrupt. The petitioner, by his counsel,
declined to discharge the bankrupt, on the ground that such
a proceeding would interfere with his legal rights. If the
court would discharge the bankrupt, the petitioner would
have no objection.—The Chief Judge said this court had no
power to do that, and that the pet tioner must snake his
election.— On the petitioner elecung not to discharge the
bankrupt, the petition was dismissed as regarded Turlay's
certificate, end was ordered to stand ever in other respects
to give time to file affidavits in reply. The petitioner inti-
mated his intention of applying for a special case es to the
point decided.

COURT OF BANKRUPTCY.
Before Mr. Commissioner Penbismne.
IN NI ALLEN.-81.18PENSION OT A Ceirrmickra.—The
bankrupt, • brickmaker, living in Elatton-garden, came be- ,
fore the court on the question of certificate.—Mr. Begley and
Mr. Sturgeon supported, and Mr. Con opposed. The ground
of opposition was, that the bankrupt had continued to trade
after be was in hopelessly insolvent circumstances. It is un-
necessary to detail the facts of the caw, as what are worth
knowing will be found in the judgment of his honour.—The
commissioner said, the main facts, as stated by the opposing
creditor, being admitted, I must my this is not acre in
which I can grant the certificate at once. There is one ob-
jection which, though not particularly alluded to to-day,. is
one which I think it right to notice. On a former occasion
the bankrupt's answers to questions put to him were anything
but what they ought to have been. He prevaricated in a
manner which, although not, perhaps, calling upon me
to use the extreme punishment of committal, yet, at the
time, induced me to make • special note of it, and
for that prevarication, and for that .alone, I will
suspend his certificate for three swathe. I wish
to show bankrupts that when they come here they
must, at least, make a full, free, and frank avowal of what
they know regarding their affairs, and in that way, at
least, do all they can to satisfy their creditors. The next
objection I hereto consider Is his having gone on in trade after
his circumstances were so insolvent that he actually made
an assignment of his property for the benefit of his cre-
ditors. The expenses amounted to within MI. of the gross
profits, whilst the lessee also were very nearly equal to his
profits. The loom, and the trade and personal expenses put
together, amount to upwards of 1,2001., whilst his gross
profits and receipts amount to only MK The •
were, in fact, wholly unwarrantable, and the bankruptxLmn
encase whatever for carrying on basins after the month of
May, when his circumstances could leave him no reasonable
hope ogbeing able to go on as a trader might. The bank-
rupt, in fact, by throwing his property into the hands of
Blubbery, his former partner, deflated his creditors, and by
shill of sale which he had inds out, deluded those with
whom be dealt into a belief in his solvency. There had been
201. worth of property removed upon the very eve of a fiat
being issued, a circumstance Bur/Woos in itself, and which
ought not to have occurred. The official assignee reported
that whilst the partnership book of Allen and Spilsbury bad
been well kept, those of Allen eines the dissolution of part-
nership had been badly kept. Taking all these circumstances
into account, he felt himself bound to suspend the certifisate
for twelve months.—Mr. Bagley: I hope your honour will
grant the bankrupt protection, as there is no fraud.—Coma-
mission's.: Yes, let him have protection.—Ptoteetiou was
accordingly granted.

BLOOMSBURY COUNTY COURT.
JONEA 9. 011XINSTONIL—COLLI1ION AND ASSAULT.—
This was an action to assess damages. The plaintiff is driver
of a cab ,• and on the evening of May 19 was driving an
elderly lady towanis Bayswater, when, at tin corner of
Crawford atreet, he observed the defendant paoosedine in an
open cart in the opposite direction and on • wroo4l side of
the road. He called out to him to " Look a•head," but the
defendant, unheeding the warning, made an offensive remark,
and continued lashing his horse until the animal wu thrown
down by coming in contact with the plaintiff's cab, which
was considerably damaged by the collision. Plaintiff de-
scended to release the lady from the eab, when he was most
brutally attacked by the def:ndant, who struck hint violently
across the eyes with the butt-end of a heavy horsewhip
wounds inflicted were of so severs a nature that the tiff
was unable to leave bit bed for Wend days.—The Learned
Deputy Judge having ascertained the less of time and ex-
penses incurred by the plaintiff, savaged the damages at 10
guineas, and full cons.—The judgment of for court went by
tlefult.