The Express.
London, England, 1846-11-26 00:00:00

tNIVERSITT LNI) CLERICAL NEWS,

esirsa.usw, 'Nov. 2.—.1.2 a Coagregstion, hohles this ;Ls, the
following degrees were conferred ; C. Bissett, ;
IL Wright, St. Catlasrlue's,

PROMICDTNO9 AGAINST A CLEIUTX4OI BIDER me etirnrei
Dtrn-
ru.c etemmiraita, issued by tie Lord Batton of Math and
WOK according to ter powisiora of the Church Diwtithite 3W4.111.
bled on Monday hat, at the Grand Jury Room, Taunton, to inquire
into the conduct of a baxtical clergyinan, of high standing at Taun-
ton, against whom charges of a any grace character are nreferred.
On the puler the reverend defendant, Mr. Serjearat Kinglike and Mr.
atone, who appeured for him, oppliod to the ocauniationers for per.
miation to aunduet the inquiry with closed donee, • request
with which the rotrimi"doners immediately and unbeqtat-
ingly emonhal. Efr. shillihear intimated to the commis.
wieners that the reverend defendant had threatened to indict wane
of the witxweeee, whose evidence was moat material fur
conepinicy in the coma of their eating anything tending to damage
his character; so tl at in behalf of those person", to requested that
they might remain in court during the inquiry. This was objected to,
and the witnesses, as well AB its Shillibrer, were ordered to with-
draw. The inquiry will be conducted in the same manner as that in
the caw of the Ilea. and Rm. Mr. Monekton, in London, some time
since, and is expected to last emend days.
Tne lire or Msiceiciwria.—it is rand that the two Welsh rem are

to be preserved, and that the Ike of Manebe,4'r is neverthekvs to be
erected itomediatch-. It lain confirmation of this report that the nee
41 ht. Asaph hue unruly been Iliad up by the translation of the late
Bishop of Ilan, and that the tine sf:tian is also just fl ed.—Guardian.

NAVAL.

NVOOLICSCP lA—Commodore Sir J. J. Gordon Bremer, the
newly appointed superintendent of this dockyard, paid it a vWt yes-
terday, nod was introduced to the various officers, but he has not yet
commenced his official duties.—The Gorgon, Com.Csouch, will be paid
off at this :furl to-morrow (Thursday).—The Centaur, s. v., has been
down the river to try her engines, and Is now having some alters.
timis made in her machinery.—Sir C. Napier, C. 8., visited the Sidon
as Friday last, but notwithstanding all his attentions the vessel still
lies with a list to starboaril—The armaments fur the Rosamond and
AG,Ais have been fixed as follows. The Rosamond, one 68 pounder
of 95 cwt., one 10 inch gun of 85 cwt. and four 32 pounders of 42 cwt.
The Nedra, one (8 pounder of 95 eat, one 10 inch gun of 85 cwt. and
four 82 pounders of 25 cwt.—Capt. Forbes and Com. Cracroft have
been permitted to study in the steam factory at this yard.
SUFI:IOMM, NOV. 28.—The Terrible steam frigate, Captain Ram-
sey, came up to the Nom on Sunday, and saluted the flag of the Com.
mauler-in-Chief. A pc wder-hoy was in waiting for her, and inane-
Widely took charge of her powder. She came into the harbour on
Monday, and will dismantle preparatory to being paid off. The
.Ifriean steamer sailed on Sunday for Devonport, with hear-Admiral
Arthur, the late Captain-superintendent, and family. The Bose, 18,
Commander Pcely, wan paid off on Saturday. The Birkenhead, iron
steam troop ship, Commander Ingram, was unlocked on Monday,
and is under the shears to receive her masts and bowsprit. llw
secersgopation, 42, receiving ship, bee been hauled into dock, to be
fitted as a coal depot fur the Cape of Good Hope.
Ease-INUJA STATIONR.—The Scoot, 18, Comtminder Loring, arrived
at 110115( Kong en the lth September, from Chatham. The Spiteful
steam sloop, Acting Commander Newland, arrived at Bombay on the
ath October, from Trincomalee. The B'olrerene, 18, Commander
Clifford, and the Hon. East India Company's steamer Nemesis, sore
at Canton on the 29th September. The dlyincourt, Diretalta, Nested,
and i'atteire, were at anchor off Green tithed, Hong Kong, on the
24)th September. The Pilot, 18, Canal:wilder Wilson, sailed from
Madras for Trincomalee on the IGth September.
Areovencesce, Nov. 24.—Llent. and Comm. 3. W. Tomlincen to
Harpy. Flag Lieut. to Rear. Adm. Parker, Portsmouth, Hon. I. W.
Spencer. Master lt. T. Saunders to Resistance. Chaplain Rev. It.
Wilson to queen. Clerk in Charge J. I). Gilpin to Andromeda. Clerk
It. W. Warwick to fliledonia. Midshipmen G. Temple to Hibernia,
and J. A. Cary to Penelope.

MILITARY.
ROYAL Antn.c.ray,WootincE, Nov. 2,.—i

NONA.Ol1:111,0.11,N1.1, 0; FICERS.- The following non-commissioned
unarm of the Royal Artillery, having retired on reduced pensions,
have been appoinied overseers of works in the penal settlements at
Hobart-town, Van Diemen's-Mad, and will emturic on Saturday next
on board the Elphinstone freight ship : -Seryeanta Gurnatt, Burgess,
Eindkson, Hume, McAuthur, and Page. Three serjeants
of the Royal Sappers and Miners have also obtained similar appoint-
ments. Each overseer will receive 201. as a gratuity, 201. advance
for neeessariea, and their regimental pay will be continued till the
end of January next, in addition to their pay as overseers.
Rarairrmeroa Tlll.Aiddr.—For some weeks past continual alterca-
tions have taken place at the Woolwich Police Court, in conse-
quence of the mode adopted by many non-commissioned officers
employed in the reennung service in enlisting recruits. It appears
to be a very common practice to enlist married men, a promise
being given to the recruit that his wife and family shall be pro-
perly provided for on his arrival at head-quarters. As the
authors ties, however, object to receive married men, and the recruit-
ing officers are well aware of this, the recruit is instructed to declare
that he is single, and his attestation papers, which arc verified on oath
before the magistrate, describe him as a single man. In innumerable
cases this poutligute system passes undetected, and the family of the
poor recruit, on their arrival at the head-quarters of leis regiment,
rind that the barrack regulations are strictly enforced, the husbands
treated as single men, and they themselves ;educed to a state of ab-
solute destitution. It frequently, luwever, happens that the recruit
when put on his oath, objects to the attestation paper, and declares
himself to be a married man, a circumstance which, of course, gives
rise to much animadversion on the part of the magistrate, who refutes
to sign the attestation of the recruit. It is high time for the authori-
ties of the War-offise to put a stop to a system which is productive of
such mischievous results to the morals, both of the recruit and the
recruit ing-officer,by visiting with condign punishment the first well
proved case of delinquency.
Tier CIIELSF Our-Pi-vsioaras.—Yesterday the second north clivi-
Mon of the Chelsea out-penairmens, under Captain Cordon, completed
their drill in the Regent's Park; all the Metropolitan divisions are
now ready in =SC of emergency. The drill would have been continued
some time longer but for the unfavourable weather; for the mine rea-
son the expected field-days are indefinitely pootpoor.

Katy Entrlitstna.

LAW NOTICES.—Tate DAY.

Trcx-Csarscsunim' Corms, I.incohi's-inn, at ten.—Before Sir J.
Knight Bruce—Bankrupt petitions • Court of Ideview. Ex parte
Greenstock v. Greensteck ; ex parts Fletcher re Phillips; ci parte
Winterbottom re Potter; ex parte Worrell re Worrell; ex parte
Bastard re Wise. Equity causes —Wroughton v. Colquhoun, part
heard ; Hulbert v. Hulbert ; Francis v. Francis; Edwards v. Brown ;
Ballard v. Bateman.

COURT or Queries Breen, Westminster at half-past nine.—Middle-
sex special juries—Oldfield v. Fleming ; Dee item Oliver v. Coning-
barn ; Dear v. 'Upson ; Evan.; v. Fletcher ; Normansell v. Clef;
Williams v. Wyrua, Bart.; tildllibeer v. Eastern Counties Railway
Company; Hocking v. Squire; Pike v. Tome; Came v. Right and
others • Plummer v. Anderson; Mienamara v. Grace; Doe dem
m ; Hai T. Marling ; Palmer v. Toros.
COURT OP Connote PLF.AB, Westminster, at half-part nine.—Middle-
sex common iuries.
Cocas OF EXCRELIVIZ, Westminster, at half-past nine.—Middlesex
common juriee.—Pluiner v. Denman; Grant v. ll•Kenzie; Plockton
v. Mains; Osprey r. Levy; Moore v. Drayer.° ; Egerton v. Hick-
molt; Moans, v. Cook; Brown v. Illelanott; Weeks v. Argent; De
Bemardey v. Gal; Biggs v. Laurie; Hutchinson v. Blake; and seven
uniefended mses.
SHERIFFS Cocas, Red Lion-square, at ten.—Rabbeth r. Blacklock ;
Bellin v. Croft ; v. Badger! ; Hunt v. Christmas ; Pearce v.
Dyer; Doughy v. Conquest; Slater v. Purse; Virge v. Mare-bete ;
Hawkins v. Jackman; Parker v. White; Nancy v. Lapierre ; Braham
v. II °tenet ; Reidy. Mason ; itceing v. Say; Heron e. Salter; Ely
and Huntingdon Railway CM/pan), F. RVeN Welford V. Day;
Youngs v. Cullinane; liativ v. lb.mlin; dealt v. Gray.
.

EQUITY COURTS.- —YESTERDAY.
Won the Lord Cht.'eellor•
. _ _

nerere ine Lora tau swiss-
The Lord Chancellor, after hearing Mr. Bethel'', reply the first instance to cu.-Jai-es whose incomes did not exceed
in an appeal case of no public inters's; rose to-day again, 351. ; and the surplus only (if any), to such unbeneliced
as he did last Monday, at 12 o'clock, t: ere being no more curates as should be recommended by the beneficed clergy at
cases for hearing. This is so unusual a nutter in this court, the annual visitation.
Y
,:.'..
especially on the last day of term, that it appears worthy of COURT OF THE DEAN AND C i...'7. ..:--,-',l
being recorded. ST. PAUL'S. 1...., ' • . • '
Before the Master of the Rolls. KING AGAINST KlNO.—This is a divorce caae— *if., . ...--
DAVIES V. TAYLOR. THE K ENSALL-GREEN GAS Mrs. Maria King, prays for a divorce from Shand, .....
WORKS.—MUISANCE.—Mr.KindersIey having replied in this John King, on the ground of adultery. The., d, is ....
case, the Master of the Roth gave judgment. The plaintis bar of the suit, denies the charge, and all tar :-----,
was possessed of a house, in which he resided. At a moderate
tag:iroa.t.tthae wife.
tt _ To-day acerresponsiseraploeans, .
:fril
distance from it the defendants possessed a piece of land, on h admitted it after site ti
..... • •
1
which they proposed to carry on works for the manufacture answers being required, oil e p 0 w i .
of gas. The works were in a course of erection, but no of her allegation.
•.....•,LS. ---0,- .

COURT OF QUEEN'S BENCH.
THE QUERN v. WATKINS AND OTHERS.—Gascoincs
Fraa.—Mr. Bagley, with whom was Mr. Wordsworth,
prayed the judgment of the court on the defendants, who
had been convicted of a nuisance at the last Spring assizes for
the county of gest. On the last day of Trinity term a similar
=Aka had bees made, and the court had respited the judg-
um; lAMB, It to the Navigation Committee of the City
proc
af Leedom, reeeetain and carry into effect the eedings
sessurey fee abating the nuisance. The Navigation Com-
ramjets :tie ewe to the conclusion that the nuisance, which
of a floating pier for passing into the steamboats of
the dahuhmea, so moored as to obstruct the passage to and
flea is badfisretitirs at Greenwich, mud be removed abso-
lutely. It was removed by the water-bailiff, and some of the
defendants gave him their assistance for tat purposo.
Shortly afterwards, however, it was replaced and almost in
the identical spot. The prosecutor, therefore, found it ne-
cessary to press for the judgment. Mr. Serjeant Shee and
Mr. Pigott, on the other side, contended that then
Co object
of the court in referring the matter to the Navigatiom-
mittee had not been the removal of this pier absolutely,
which it could at once have ordered, but the determination
of some moans by which the interests of these poor persons
could be reconciled with the interest of the public. It was
not asserted by the prosecutors that the wish of the court
could not be realised, and the defendants asserted that it
could. The court was of opinion that the judgment ought
to be again respited, subject to a refereace to Mr. Walker,
the government engineer, or his nominee, and compli-
ance with the directions to be given by him.
PEARCE S. CHAPLIN.—MOTION TO RESCIND BO MUCH OF
• JUDGE'S ORDER POR SETTING ASIDE A JUDGMENT FOR
IRKEGULA.RITT, AS IMPOSED TEE
CHill showedagainst
a rule for setting aside so much of an order of the Chief
Baron, for setting aside for irregularity a judgmeriseired
in this' case, on which execution had issued, as ire
the
condition that no action bo brought
had byb teen he
irregular, and
defen t. It
was admitted that the judgmt
the attorney for the defendant had protested against the
condition which the Chief Baron intimated that he would
impose; but the learned judge persisted in his determina-
tion after the merits had ban gone into. The defendant
took the order in the form made, served it, had the benefit
of it, and could not now repudiate any part of it.—Mr.
Petendorff, on the other side, contended that as the defen-
dant had been entitled, as a matter of right, to have the
judgment set aide, the Chief Baron had been bound to set
it wide, and therefore had not had jurisdiction to impose
the condition that no action should be brought. As to any
constructive assent by the defendant to be inferred
from the subsequent adoption of the order, there
was an execution in the man's house at the time, and he had
no other means of ridding himself of it. The court, how-
ever, was of opinion that, as the defendant had received the
advantages of the order, he was bound by its conditions, and
that this rule, therefore, must be discharged.
IN THE MATTER OF RICH--COMPENSATION FOR A CON-
TINGENT LOBS OP Orrren.—Mr. Watson, Q.C., applied for
a rule nisi for a writ of mandamus to the Lords of the Trea-
sury, commanding them to award compensation to a gentle-
man named Rich, for the loss of his office of second se-
condary to the Lord Treasurer's Remembrancer, abolished
by the Exchequer Offices Bill, and also of his ultimate right
to the office of first secondary, to which, according to the
practice of the office, he would have succeeded, in the event
of that office not having been abolished, and his surviving the
first secondary. The court was of opinion that the appli.
cant was entitled to compensation for the loss of the office
which he had actually held, but that it could not grant a
writ of mandamus to award compensation for an alleged loss
of office so very remote a wholly contingent Is that to
which he had had but the nd
right of succession. Rule ac-
cordingly.
IN THE MATTER OF VAN BOOEN AND ANOTHER.—
HABEAS CORPOS.—SMUGGLING.—The Attorney-General
and Mr. Lewes had yesterday been heard in opposition to an
application by Mr. Lush, for the discharge of two persons
who had been convicted of having been found in a foreign
vessel having tobacco stalks on board within a distance from
the coast of England prohibited to vessels so laden by the
Smuggling Act of 8 & 9 Viet. The question in'ithe case was,
whether the conviction could be sustained, since it was
founded on an information that did not negative the excep-
tions to the offence already mentioned, contained in a section
of the act subsequent to that which created the offence. The
court had postponed the decision. Lord Denman now said
that he wasinion that the prisoners ought to be
charged. Mr. Justice Coleridge and Mr. Justice Erie,
however, thought that the information was not bad ; and the
prisoners were therefore remanded.
IN THE MATTER OF ---A LIINATIC.—HABEAS
Conrus.—As the court was about to rise, application was
made for a writ of habeas corpus, to bring up the body of a
gentleman, whose name did not transpire, alleged to be
confined, at the instance of his wife and grandson, in a luna-
tic asylum in Lancashire. In support of the application,
affidavits had been filed, from which it appeared that five
different persons had had emus to the alleged lunatic, and
were of opinion that he was perfectly sane. Lord Denman
said that a writ returnable at chambers might issue.
The court rose at a quarter-past seven.

BAIL COURT.
FAULENER AND FABIAN V. WALLER.—FOROERY OP
RAILWAY SCRIP.—Mr. Hugh Hill moved on the part of the
defendant for a rule to show cause why proceedings in this
case should not be stayed till after the trial of Fabian, for
forgery, at the Central Criminal Court. The action was is
trover for bank. notes and railway scrip which had been given
to the defendant, as inspector of police, for custody, and
which had been found when Faulkner and Fabian were
taken into custody on the charre of krging scrip. Faulkner
had been tried and acquitted, but Fabian had not appeared
to' his bail, and his trial was still pending. Faulkner and
Fabian had brought this action jointly &goblet the defend-
ant to recover the notes and scrip in question. On the sug-
gestion of the learned judge, a rule was granted, giving time
to plead a month after Fabian's trial, the case having only
gone as far as declaration.
IN THE MATTER OP THE TOWN CLERIC OP THE BOROUGH
OP CONOLETON.--CERTIORARL—Mr. Hoggins moved for a
certiorari to bring up an order of the corporation of the bo-
rough of Congleton, for the payment to the town clerk of the
costa of the proceedings in certain suits in Chancery. The
question in dispute was the appointment of a master to a
grammar school, and minister to a chapel attached to it, which
was vested in the corporation, and who had attempted to ap-
point a person to those offices not a member ofthe Established
Church, !which from time immemorial had been the case.
It was contended that as the costs were incurred by the wil-
fulness of the corporation in those proceedings, they would
not be paid out of the borough fund.—Rule granted.
WILTON V. CHAMBERS.--RIGHT OP AB,IGNEE
BOLVENCY.—CHAMBERS'S BANKRUPTCT.—MV. Justice Pat-
teson igave judgment in this caw, Which was argued on
Saturday last,sand decided that the gat interest in the judg-
menta in question were ...A in the provisional assignee in
insolvency; and witlthut attempting to decide whether the
Court of Chancery was right or wrong, the assignee had a
right to come to this court and as IV made a party to the
sore facia. The rule, therefoze, would be absolute.
IN TEE MATTER OP --4IAINW3.—THE EXPLOSION AT
OLDBURY.—Mr. Whitmore obtained a rule to admit to bail
Haines, the bailiff of the mines at Oldbury, where the
recent explosion took place, a verdict of " Manslaughter "
having been returned against him by the coroner's jury.

COURT OF EXCHEQUER.
Sittings in Ban"'
(The following was briefly reported in yesterday's Express.)
REYNELL V. Lzwis.—VirYLD V. HOPKINS.--JUDGMRNT.
—NON-LIABILITY OF PROVISIONAL CONICITTERIIEN.—
Verdicts having passed in both the above cases for the
plaintiffs (as recently reported in this paper), upon the
ground that the defendants, as provisional committeemen,
were liable for contracts made by the solicitors of the " Cen-
tral Kent," and the " Peterborough and Nottingham Junc-
tion" Railways, although in either case the defendant had
not expressly given any authority, but merely upon the
implied authority alleged to have been given to the solicitors
by having consented to become members of the provisional
committees : the arguments of counsel occupied the greater
part of four days of the present term.
Sir F. Pollock, C.B. : In these two cases the plaintiffs sought
to fix the defendants with liability for work alleged to have
been done by them upon contracts either express or implied,
and the main question was whether those contracts were
with the defendants or their agents by the "laintiffS or
mw-uestinn fact which it was the province
of the airy to determine. was clear that the plaintiffs,
sloe whom the burthen of proof lay, should show that the
defendants had contracted with them (+wisely Or iMPlieeLly,
and, if the contracts were not ma& with the defen-
dants personally, it should be shown that they were
made by persons duly. and properly authoriaed. In almost
all actions against provisional committeemen of railways and
it
happmed that the contracts were made by third parties
in all those cases the question was, whether those parties
were duly and properly authorised. It was contended that
the relation of provisional committeemen was analct of ogousthe
to
that of partners, and that each was bound by the a
other ; but it clearly was not so. Agency might be created
by giving express authority or a general authority to do all
things necessary ; for instance, for the attainment of a par-
ticular object ; in the latter case, a man receiving authority
would become, by law, the agent for the other, who should
be responsible for all contracts made for purpoeas necessary
for carrying on the business. Agency might be created by
the admiadon or representation of the principal that a
particular person was his agent ,• and if a party making
such a representation was sued upon a contract made
en his behalf by the agent, he would be stopped from denying
his liability, In the relation of husband and wife, the latter
was the agent for the former—in all those cues the princi-
pals were bound by the acts of their agents. Agency might
also he created by the immediate acts of the party himself, or
by acts oonstitudng a relationship from which agency.might
be inferred—er, as regards third parties, if the principal
directly or indirectly sanctioned the representations of the
agent, that he bad authority to make contracts, and that they
were made upon the faith of those repremesintions, the prin-
cipal was, quoad hoc, precisely in the sow sondition as if the
contracts bad be
made by himself calumny. Upon none
of those propositions was there the slightest dotibt, but the diffi-
culty was the application (by the jury) of the principleaof law
to the particular fasts of each case ,• and to enable pries to
apply those principles properly, the courts oilmen sender
every posdble mistime. In very few of the coo before
the olurt, it was contended that the contrasts were mils by
y; in the case of " Reyna e.
sallarlithe defendant had sanctioned the
his satisfaction that the arra
ne very " moderate; " but when
were proved, they should be
of the jury, whose duty It
they were entitled to. It
(who argued both the
relation of pro-
an association or
. member was liable
that as co-promoters

or as committeemen they were liable for preliminary ex-
penses, and having famished no money to pay them, even
where there was no other evidence of agency except the feet
that a party consented to be a member of the provisional
committee, coupled with the fact that no money had been
given by him for the payment of the preliminary expenses,
it created an implied agency to pledge the credit of i:
visional committeemen for those expenses, and it was in-
sisted that the fact of a party haying simply consented to be
a provisional committeeman was in itself sufficient to esta-
blish a case for the mnsideration of a jury, and that it con-
rtituted an authority to the solicitors and agents
consenti of the
company to pledge the credit of the party so ng
to act. The court, however, thought that no sue
consequence followed as matter of law, from the mere
fact of the defendants consenting to be members
tens to
of the provisional committees. That consent amoun
no more than that the person who bad given it promised to
sanction the scheme, and consented to act in that capacity
as he approved of the undertaking. The term " committee-
man " meant nothing more than that he who became one
had taken upon himself the performance ofd in acts and
duties for the general body, and to put things in a proper
train for the attainment of the object the general body
had in view. The only agreement entered into was to be-
come one of the provisional body. There was a variety of
for which such committees might be formed—the
esPurZrhment of an hospital, or a plan for emigration; the
building of a bridge, a canal or a railway ; might give rise to
the formation of provisional committees ; but it seemed to
the court to make little or no difference as to the
position or liability of persons consenting to be
members of such bodies, whether their objects were
benevolent or commercial. Such an association, or relation,
as that subsisting between provisional committeemen, consti-
tuted no agreement to share in profits or to participate in
losses, which is the very essence of all copartnership associa-
tions. Besides, the intention of the parties must be taken
into consideration ; and, looking at all the circumstances, it
would be absurd to my that all these who consented to be
provisional committeemen, intended to hold themselvrredes out
as responsible for the expenses which might be incu, or
meant to constitute as their agents all other persons who
might act in furtherance of the objects sought
ed to be attained.
However, there was, in one of the cases argu, evidence of
the defendant having done more than merely consenting to
become a provisional committeeman, as he had authorised his
name to be published in the prospectuses in which certain per-
sons were described meeting committees, and the prospectuses
professed to state the objects of the scheme—the duties the
provisional committeemen undertook and were expected to
discharge, also the names of the solicitors, engineers, and
other officers. If it appeared that those prospectuses were
published te the world with the defendants' consent, and
that they had knowledge of their contents, the inference of
law, as well as that which any reasonable man would draw,
should be that they meant to be responsible for statements
contained in them, but whether that rendered them re-
sponsible for the acts of the solicitors and others, whose ap-
pointment appeared in those prospectuses, was a question
entirely for the jury. If the prospectus merely stated the
names of the provisional committee and nothing more, that
circum4ance could not render them liable, but in stating the
names of the acting or managing committee also, it ,
might suggest that they acted to the exclusion of '
the provisional committee and had the whole con-
trol. As to the question whether provisional committees were
liable for contracts made by solicitous, whose names were
published in prospectuses containing the names of the provi-
sional committeemen, it should be ascertained whether soli-
citors had authority at all to pledge the credit of eommittee-
men for matters not strictly within the sphere of their profes-
sional duties ; and, next, what were the duties understood, in
1845, to be properly the duties of solicitors with reference to
provisional committees. In all these cases the result of the
inquiry must altogether depend upon the particular terms of
each prospectus, and the reasonable conclusion to be drawn
from those terms. If a knowledge of the contents and pub-
lication of the prospectus be traced to the defendant, it must
be taken to be just as binding upon him as if it was his own
direct act, or as if be had himself written and published it.
Applying those observations to the two cases last argued,
the court were of opinion, thet in the case of Iteynell
v. Lewis, there was some evidence to go to the jury,
and that the manner in which it was left to them
was perfectly correct, but that there ought to be a new trial,
upon payment of costs, in order that another jury might
i have an opportunity of considering, with reference to these
observations, the proper effect of the terms of the prospectus,
and in the case of Wyld v. Hopkins, the court entertained
so much doubt that there was any evidence at all of the de-
fendant's liability,they thought there ought to be a new trial
generally. —The rules were accordingly absolute in both
CON.

COURT OF BANKRUPTCY.
Berm Mr. Oommisaioner Evans.
Incoinscr DRSCRIPTION.—R. Carlisle, a book and print
seller in the strand, came up for an interim order. His
debts are about 2301., and his assets ft/.—A question was
raised as to whether the insolvent had not been indicted, and
pleaded to the indictment, at the Old Bally, in the name of
"Thomas Paine Carlysle." The insolvent admitted that he had
done so. The opposing solicitor then contended, that as the
insolvent was not so described in the petition, it must be
dismissed.—The learned Commissioner was of a different
opinion, and granted the order.
Before Mr. GoDushedemer Shepherd.
TITS LONDON AND BIRMINGHAM ExTeNSION TO LEA-
miNOTON It4ILWAT COMPANY.—This day a meeting was held
in the cemmistioner's private room up-stairs, for the purpose
of opening a fiat against the above company, at the suit of
Mr. Lawrence, on behalf of a Mr. Wilde, but reporters
having been excluded from the meeting, wet a
state
with accuracy any of the particulars, except that his Honour,
assisted by Mr. Commissioners Fonblangue and Holroyd,
refused to open the fiat, considering that there was no act of

bankruptcy:
Heine str. Commissioner Foublanque.
Ormawax.—ISIPORTANT Pomr.—em insolvent, named
Parker, who has property in Jamaica, valued at 10,0001.,
and who is a prisoner for debt and an outlaw, applied to this
court on Tuesday last for an interim order, when a question,
which involved the extent of the court's jurisdiction, was
raised. Mr. Lucas, for the opposing creditor, contended
that his Honour had no jurisdiction to interfere with the
personal liberty of the insolvent ; at all events, on the ques-
tion of interim order and as regarded property, he
(Mr. Lucas) contended 'that was all vested in the crown,
because of the outlawry.—His Honour said that the point
was • new one to him, and one of great importance.—Mr.
Wood, for the insolvent, submitted that by the powers of the
old Insolvent Court, to which this court was equal, it could
grant an outlaw his discharge ; and therefore he (Mr.
Wood) hoped that his Honour would do so.—Mr. Lucas
cited several cases to show that the property vested in the
crown, and that the act of parliament would not permit the
commissioner to grant an outlaw discharge upon the interim
order.—After some further discussion, it was agreed that the
petition be dismissed, the insolvent paying certain of the
I coats of the opposition. His Honour thought it the best
course for Ur, raker to go to the Insolvent Court.

CENTRAL CRIMINAL COURT.—YESTERDAY.
OLD Before Mr. Justice Coltman.
11. Hitchcock, alias H. Hitchcock Barrett, alias H. Barrett,
alias 11. Jones, 27, described as a valet, was indicted for felo-
niously forging an order for the transfer of certain stock in
the Long Annuities, standing in the names of George and
Sarah Edwards, with intent to defraud the governor and
company of the Bank of England.—Mr. Clarkson and Sir
J. Bayley conducted the prosecution, and Mr. Prendergast
defended the prisoner.—ln 1833, George Edwards, who had
been a gentleman's servant, married a woman named Sarah
Fitch, and after they had lived together two or three years,
it was arranged that the wife, who had before been in ser-
vice, should resume that occupation, and she accordingly went
to live in the families of different gentlemen, and only occa-
sionally saw her husband, although they continued on good
terms towards each other. In April, 1840, the wife, who had
just left a service, went to her husband and lived with him for a
short time. At this time they had both saved a small sum
of money, and the husband gave hie savings to his wife,
instructing her to invest it in the Long Annuities in the
Bank of England, and it would appear that she did so, and
purchased stock to the value of 31. 10s. per annum, in the
names of herself and husband The parties again separated
:storey afterwards, and the wife again went to service, and
it would appear that the husband made no inquiry, and did
not take any proceeding or reference to the stock, until the
fraud wh was the subject of the present inquiry was dis-
coved. It seemed that the prisoner was butler in one of
theer families where the woman was employed, and that
a very close intimacy sprang up between them. On the 6th
January, 1842, the prisoner presented himself at the ofSae
of Mr. Bayley, a stock-broker, in Lothbury, and exp_ressed
a desire to sell out the stork in question, and, as Mr. Bayley
was at the time out of town, hwas referred to another
stook-broker, named CrompLn, who was in the habit of
1 transacting business for Mr. Bayley in his absence, and the
prisoner produced to that gentleman a letter from Sarah Ed-
wards, who he stated was his wife, requesting that the stock
in the Long Annuities, standing in the names of herself and
husband, should be transfer and sold. Mr. Crompton
said it was the usual course under such circumstances, to
have a power of attorney from the wife, if she could not
attend personally, and the prisoner said that his wife was ill
and could net come to town, andte‘litized the business could
be completed without her, as he to take
upon the money
beck with him to the country. Mr. Cr
to go to Mr. Smee, the chief accountant of the
=of England, and represent the circumstances, and, as
it appeared that the Bank authorities could not leg.ally.resist
the demand of a husband to have stock standing in the
names of himself and wife transferred, upon his own appli-
cation, it was suggested that the prisoner should make •
written demand for the transfer of the stock before it could
be ellwasil. The prisoner, upon this, wrote a demand for
the treasem which he sigued as George Edwards, the hus-
band at tank the parUes whose names appeared in the
books of the Bank. The stock was then duly transferred,
and the procees, mounting to 431. 15e., were banded over
to the puma: The band, it ar- ed, was not discovered
until very ressntly, when Mrs.Bdwards, who, it seemed,
had for the last three years given up all communication with
km knaland, went with *e prisoner to the house of a
seabed Coldish, and sheer h
represented
=dm prisoner was her husband, and that his
herWl Joseph Jones, and she added that Edwards,
We llama husband, had been dead for two years,
mad MO an one but the prisoner had put on the ring which
tbsa =I to be on her finger. It was remarked at one
et*, ewe with Mr. Coldrey, that the prisoner had in
lb pemaion a gold watch, which was recognised as having
Wawa to Gangs Edwards, and this, and some ether cu.-
eumetname, mating suspicion, deswere made, which
led to tbe spgmbssides et desand his committal
uma tbe rand in the course of
Ids miasma% sakVit—illiimillied poisoner as George
"awards la the arms et AM connected with the
trembly at the Bank ; altbeakh be abutted that he was an
entire stranger to him—Mr. sake Coltman said he ought
to have been aware that it was a most incorrect proceerbng

to speak to the identity of a person under such circumstances
Mr.ropton said he acted on the supposition that blz.Bayley's
clerk, who brought the man to him, was acquainted with the
prisoner Edwarda.—Mr. Justice Coltman said it was a very
Improper proceeding.—/dr. Clarkson observed, that at the
period in question these proceedings were very common, but
arena different course was now adopted by the authorities of
the Bank.—lir. Crompton said he did not think he was
doing anything wrong.—Mr. Justice Coltman told him be
must not attempt to justify his conduct. It was a most in-
cautious act,—ln addition to the facts above stated, other
evidence was adduced, which left no reasonable doubt that
the prisoner ltad committed the offence imputed to him.—
hlr. Justice Coltman having summed up, the jury returned
a verdict of Gstitty, and the prisoner was sentenced to be
transported for life.

NEW WART.—Before the Comm Seejeant.
JIIVINILB 111011 WAY ROBBREY.—.7. Jones, &little urchin
only 12 years of age, was indicted for stealing with force and
violence, 17 silver groats and one sixpence, the property of
Edward Chaddick, from his person. The prosecutor in this
ease was a little boy, who wads
employed by a baker. On
the nieht in question he had received his wages, and was
returning home when he wu attacked and knocked down by
the prisoner and another boy whoa a little taller than the
prisoner, and while on the gr the money in question
was forcibly taken from his pocket by the prisoner, and the
other boy escaped. No defence wasoffered, and the prisoner
was found Guilty: The Common Serjeant said he could
not think of passing sentence upon a mere child without
learning more about him, and he then ordered that the
prisoner should be brought up to receive sentence on Satur-

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