The Express.
London, England, 1865-11-14 00:00:00

fr
1865.

LAW INTELLIGENCE.
(ttU DAY.)

EQUITY COURT&
(Before Vice-MonDe fir B. T. liameley.l
THE LEEDS BANKING OOMPANT . —TRENOIIII Mani.
JIMOYIErr.
The via-Citaineller pa judgment is tblcam, Be
said this was an adiourued summons wising out aclaim
ander the winding up of the Leeds Banking Company by
Messrs. Prange to be admitted as a mance la respect of
two bills of exams*, owe for 1001. and the other
for 564/., and of which they are the holders, sad of
which the bakieg °moony wen the eacoeses. The
claim was resisted by the talent liquidator on
the ground that saleient notice was not given
of the dishonour of the bills, while en the part of Menus.
Prange it was contacted that what took place wash 'efficient
nonce ander the circumstances. The first bill mu for 5641.,
at three months, dated the Oth of A ugast, 1065, drowo b 7
Watts and Co. upon Early and Smith. It was endorsed by
several penults, and among others by the Leeds
, Company, in these words, " In need at Smith. Payaßaest,
Smith's. Loudon " who were the London scents of tha
Leeds Baking &many. Whew the bill fell due it was
promoted to the Loudon and County Bank, which was the
bank referred to by the secepter, and diabenoared.
On the same day it was presented at Nowa.
Smith, Payne, and Smith's and, as the Leeds
Banking Company was then ender winding-UP of
course it was refused payment there also. It was continued
on the part of Keene. Prange that the preereatation of the
bill to genre. Smith, Payne,
to and Smith was a enfilciont son
to -
fication them, and therefore the Leeds Banking Com-
pany, that the bill had been dishonoured. There was no other
notification. It was said that where a hill was refined pay-
ment at the bank indicated by the acceptor it wee not us-
cossary for the holder of the bill to evit notice to the ac-
ceptor that the bank he had Indicated had not paid the nal,
is case and
and that there was en analogy beta's this
that. But in his opinion the analogy failed. Then earns
the question whether Mews. Smith, .Payne, and Smith were
lirts nof the acceptor. The audorsement was
cad," meaning in case el nea, ea that
If the holder bad occasion to apply to the endorser for
payment he might apply to Smith, POO% sad Smith. The
eadomer merely pointed out a pee• to whisk the holder
might refer for payment if he liked. But Smith, Pone,
ea Smith were nests merely for the purpose of obtaining
yment—not for the purpose of navies settee ca
honour; therefore, is appeared to him impossible to hold—
because the bill was presented to Smith. Payee, and Smith,
and payment was refused by them, that there wee implied
unit* to the accepter that the bill had been dishenoared.
In other words, Smith, Payne, and Smith were sot by tbe
words of the earneement coestituted the Wail of
the acceptor so as to make refusal of payment by
those backers notice of dishonesr to the aeoepter.
Another contention was that the presentation of the bill
to Smith, Payne, and Smith. was an implied notion to
them that the bank indicated by the weepier had refused
payment ; but ow that paint else be thought the eon n'
failed. On than grounds it appeared to him that what
had taken place did not amount to a sufficient edcation
to the acceptor of the dishonour of the bill. With regard
to the second bill there was actual notice. but the question
was whether the notice was given in sufficient time. Tbe
bill fell due on the 13th, but that being Sunday, it was
promoted to the London and County Beak on the
lgth, and refused payment by tbma. On the 14th
it was presented to MOM& Smith Payee and Smith,
and also refused payment by eosin. On 'the Ido
Messrs. Prange's spats wrote to them informing them
the dishonour. They neared the isformation oa the 16th,
and wrote to the official liquidator OD the 16th, who re-
ceived the letter in due Doane on the 17th. It was
alleged that a day might be taken for nob dee is the
transaction. It really came to this, whether a day should
t to the prin•
be taken n in communication from the agen
oipal in addition to the day allowed for communicating
with the acceptor. It appeared to him that no such day
was allowed, and the ceasequenos was that there was a
failure of one day in giving notice to the official liquidator,
and so the claim could not be allowed. It was • roar
case to bring before the court, ad the official liquidakr
must have his oats out of the mete cif the oomminy.

COURT OF COMMON PLEAS.
Sittisga in Barioo.—(adore Lord Chief Justice Erie, sad
Justices Wilke, Bytes, end Keatiag.)
AIANDYORD v. VIE PATENT NOMA BANITASI AND 11ANIIII
CON:PANT (Ltarrean).
Mr. li'lntyni moved for an injunction to:restrain the de-
fendants from carrying on their business in the way
in which they had hitherto done it, and stated the
following circumstances:--The plaintiff was the lasses of a
farm and dwellitig-bouse at Hyde, in the county of Otirster,
and the defendants' premises were within 100 yards of the
plaintiff's home. Their business was to collect the night
soil from the town of Hyde, ocavey it to their premises,
boil it down, and then, having by heat drives all mistime
out of it, to sell it as manure. A small stream,the Tame,
ran through the plaintiff's farm, and the refuse from the de-
fthdanta' works so pelletal theatres= that Uremia* wield
not drink the water. The family of the plaintiff bad suffered
in health, and he had frequently observed upon the herbage
a shining substuree, sad the cattle would not eat the grass
until it had been washed by a shower. The quantity of
milk given by the cows bad also much diminished. The
plaintiffs medical man attributed these results to the de-
fendants' operations, and the plaintiff had commenced an
action, and preferred an indictment, bat these could not be
tried before April.
Mr. Quin, for the defendant, stated that he was asto-
nished that the application should be made to stop a
business which bad been carried on for three years, and
this without any authority for such a muse being cited.
All the authorities iodised WHO against this muss ; and he
had also affidavits by a great number of people, and
amongst them medical men and members of the Board of
Health, who stated that the defendants' works were no
nuisance. The premises were does to fitaleibridge, and
Vete surrounded by a great number of maeufaatories, and
it was in truth from them, sad not from the defendants'
works that any annoyance arose.
Mr. Justice Byles—Then it is a question of appropriation
of atlas. (A laugh.)
After some discussion, the injunction was not granted,
but an arrangement was come to that the with" sad also
the indictment, if seminary, should be tried o
at Manchester or LiverpooL
on

COURT OF ADMIRALTY.
(Before the Right Hon. Dr. Lushington).
THE BANDL LID =WEB PSI= MONET.
This Important case again came before the court. The
sum involved is 610.0001., besides interest, and the question
is the right to thane in the distribution of the money.
The Queen's Advocate (with whom was Mr. Ayrtoe,
appeared for General Sir George Whitlock and others, the
actual captors of the booty. Dr. Deane, Q.C., represented
Sir Hugh Hose ; Mr. Cokes, General Roberta ; Mr. Hayford,
another general 'Aker ; Mr. T. /Ingham, M.P., Mr. C.
Pollock and others appeared for parties.
The Queen's Advocate applied to the court to order the
evidenos brought in by the defendants to be printed by a
certain date, and also to 5, the bearing. Until the day was
appointed for the hearing the court would have applications
made. He suggested the Bth January to commence the

rase.
Dr. Deane, Q.C., suggested that the motions should be
transposed. Sr Hugh Ross had not filed any evidence.
The day proposed was coavenient for all parties.
Mr. Hughes, M.P., said the Bth of Jemmy would nit
the oonveniance of the Chancery buristers engaged in the

awe.
His Lordship said he had reed the documents ; they
were very interesting, but bi no means could a large
portion be admitted as evidence on the hearing.
The Queen's Advocate said the court, oa the question of
costs, would know bow to deal with the matter.
His Lordship remarked that he had printed pages from '
Blackwood a Magazine among the evidence. (A laugh.)
Mr. Cohen submitted that it was good evidence. The
article was written by the quartermaster of the regiment,
and contained the whole facts. It might be evidence in the

ease.
The Qmn's Advocate suggested that the parties should
consider whet should be granted, and after the intimation of
the court they should be careful what they allowed to re-
main ss evidence.
His Lordship appointed the Bth of January to commence
the hearing. tie could make no order as to the meeting,
but the parties would bear in mind what he bad mid.
There would be some latitude; bat he had statements be-
fore him Wog before and long after the capture which could
not be received as evidence.
The Bth of January was fixed foe the hearing.

COP= OF BANSItIIPTCY.
(Before Mr. Commiesboor Hoiroyd.)
IN RI NOS= vtau.
The bankrupt was a engerbeer manufacturer. of Hounds.
ditch. Debts, 223 L only, of which 151/. was due as
damages and costa io an action for Levyg splint
tie bankrupt and his wife by Mr. Aaron nd wife, of
Fashimrstrest, Spitelfields in which a verdict was given
againet the bankrupt for 501. damages.
Mr. B. Griffiths opposed, for Mr. Levy. At the Lot
sitting the bankrupt bad obtained an adjournment for the
purpose of making a proposal to his creditors, but be bed
not done so. The slander of which he had been found guilty
was of • most aggravated character.
The bankrupt urged that the slanderous words bad bees
uttered by his wife.
His Honour adjourned the ease for the bankrupt to render
an account of his earnings.
(Before Mr. Commimiceer Winalow.)
IN HZ ELRL•II.
The bankrupt was described as a manufacturer of patent
window-sub fasteners. Against debts of 2,3151. there is a
small amount of sleets, and property held as security be-
tween 3001. and 400 L
Mr. Mande oppoeml, on the ground of a vexatious defence
to an ration.
Thetwakrupt, who defended himself, alleged that the
*Alen had been brought by the attorney for the sake of
realeteg_oesta.
lie Honour considered that the ease was made out. and
suspended the order for 12 moutbs, bat gave protecdoe,
I Benkrupt—l am 81 years of age ; thank God I have good
health, but I suppose it won't Let for ever.
tg RI THOMAS OLT.
The bankrupt wee a bleacher, of Ifliehm. This was as

---------
adjourned sitting for examination and discharge.
Then
have been frequent adjournments, with a view to ucertak
the value of the bankrupt's intettet in some patens.
Yr. G. Lewis and Mr. Link later opposed ; Mt. Lamaze.
Earrette are returned at 1.22 K; pprrooperty tree up,
6644. bdd
a(patsala formula improvement blirh•
intua"snour diggega ill adjournment for amendment al
1114. monsta.

THE POLICE COURTS.
ants DAY.)

MANSION.IIOI7III.
1011111110 • DAL--• D7APN6ATZ THIEL
A rather wellaesemil rang man, who gave the name el
HOl:pritave, who described himailf as a clerk, and gas
an address la Boaverlinstreet, whir* turned oat to be Ides,
was brought before Alderman Hale charged with attempt.
lag to steal • watch, the property of Samuel Abet, one d
the deteative cams et the- City.
apoessed kaa the stridence of the complainant, gig
It
on Mooday menieg, about 6 o'clock he ran with hie
wife, in the act of
getting into en minibus, in Gransiburain
when the prieeeer, who had a °oat upon his ins,
tecead his way up eta put the arm in which gm
coat was, against his chest, and then pawed
his other brad mammoth the coat, and ekes
hold of his wife's watch and attempted to force it boa
theistai H
eimmediately kid hold of the prisoner, ths
at g was Tri violent, but he called • ociegable rai
gas the prisoner into custody, sad he then said be ma
very sorry, end lama him not to prom the charge.
Aldermen Hale aired if the prisoner wen hem.
Meager, a detrain conathle, said that three years so,
he took the primer into custody for robbing a plateau
of his watch, and he made a most violent resistance sad
stamped_ to throw him under the wheal of a wagged gm
was pacing, and be would have anweeded in -claim 80
if some of the bystander. had not interfered. Ask ion lie
received • good dal et injury, and was laid up for ten dam
On another °maim the miaow was at • polka nation is
Baeough upon • 'harp of robbleg•• gentleman, and b,
knocked dews three creeds he sad made his
and halfw-mile Won he wee apprethended.Ne%
Weer added that be believed his
inmtiries
be had made about the rigour, that his cowman me
emy respectable, and be bad been well brought up. gess
be cams out of prison on tbe former occasion he maw
Aka ha would leave this country. .
The pekoe be would Pima guilty, end begged tin
alderman to dearth the case at once.
Alderman Hale maid it weati way sad thing to es, al.
smog usaa who appeared to have some rapaciabk we.
maims a sub • preitiat. HiuMeared, brawn, to bs g
very desperate knew, sad be sentence him to times
mouths' bard labour.
YARLBOROIJGH-STREET.
SUIZLITON NIT 1070111:17.
laws Watson, address aed eranaticie refuted, els
&aged before Mr. Tpubitt with stealing a ono
t.me
Bra
other the properly of Mr. John ' y.
Beteman'rbuildiege, Saba
Police-constable Francis Now, 63 C, said that behind
and 6 yeaterday evening be saw the primer and macaw
man in Ratemras-builings, appuently trying the Marra
doors with keys. He stood fa a doorway a short time, and
then walked doers the buildings, when the other mu win
away and the prisoner came out of a house with,a beak
' He stopped the prisoner and milked him if be lived talks
and be mid be did. He then told the primer that
yore,
not quite satisfied with his statement and he meld
"litke bim ban to the house to see whether he bad tibiae
truth. On the way book the prisoner dropped the beadle
wed made off and tried to escape, but he secured bin ami
F took him to the station.
Mr. Tyrwhitt said the °callable bad acted very welt
in the matter.
The constable said that on the way to the stake as
prisoner became very violent, amid tried to throw him.
Mrs. Whitcomb identified a counterpane and two shwa
produced as the property of her bakand, and aid they
were taken off a bed in • room on the second floor.
In answer to Mr. ?robin the witness stated that she
was not swan the house had been entered till she vs
informed by the police. She thought the prima mat
have entered the hones at the same time that some dam
entered, (The coestable saw no cbildreu near the Om,
and it is the belief of the police that the house was semi
by means of • skeleton key.)
Inspector Harrison asked for a reread, as there was
to believe the prisoner was known.
The primer said the articles were given him by a
person needing at the door, who told him tole
m till be
came back.
Mr. Tyrwhitt remanded the prisoner.
WORSHIP-STREET. •
AS•ATILT HT A PROTOORAPIISIL
Jolla Davis, • photographer, in Plough-yard, Skirelitte,
was charged with assaulting • little g irl, nino years dogs.
Mrs. Catherine MoCertby of 5. Dunoin-noue, South
Hackney, and the mother of child, said that she vas
induced by some man at the door of Menage elated
hookas to have her likeness taken, which having been
accomplished by another person, she was told that to
place it in • frame and colour it would out
another shilling; this the . cleaned to spend a
her own features, epos which defendant remarked,—
" You're a pretty onaorner ; if toe were • sou instead Of
• woman rdkick you downstairs; and atcetrpuaollgt=
to do so, despite her sex, but the child in
the indignity of the foot instead—happily, however, witheei
injury. Winless, feeling all this was highly im hit
as speedily as she mild, and having found a
stable, retuned with him to the place, and peederei
present charge.
Defendant simply
_denied having kicked or intended6dd
kick, mid bola Nichds, the " operator," made a dol.
statesmen, bat allowed that the words makes& este
used, and
Jeesph King, the doormat', stated that be yea the
person who invited the lady to 'calk upstairs. On dewed.
nag 'be complained of having been much insulted.
The magistrate remarked that he had not heard aril
for the defence that threw a doubt upon the aonaplanWe
evideser. Defeaciant. for hie own sake, had bate/ mad
his business in • respectable maser.
Fined 20a.
10111112 T AT THE NEW RAILWAY STATION, DALSTON.
Robert Burden, • smart rang fellow &wonted ra
dark, and living at 115, Elk John's-road, Horne, ins
charged with steeling a puree, containing silver mosey ad
• brooch, set in gold, from a passaulter•
Mrs. Eksabeth Cooke, ot 22, Highbory.grove,
deposed that hist aiming she was on the plAnors
the station, and mkt % for a seat in one of the anima,
which was 'early fedi, when the prisoner, who ow
etandiag by the side of the door, said, "There is ram
berameam, for you," and at the same instant she felt wino
thing moving m • leather reticule bag hangings/
tun "dui and um to the prisoner. Glancing down,
she perched that it was partly open and as be era
away at the saute instant she coajectured be kJ
stolen her purse, consequently she gave an alsra
sad he wan stopped. Submequently her purse was ran
stored to her by the police with the contents safe.
Howell. 49N. stated that hearing the cry Seises gat
unman " be stopped the prinmer.whe was running laths
stars leading from the station. On the lady meetiositg lese
loss prisoner remarked. "N
dropped it on the stain going dar'urlOcibikblaibostihte," saahaa
endeavoured to get away. Shortly afterwards it ma bad
on the stairs.
Prisoner coolly denied the theft, and asserted that Dot sal
one knew harm of him ; but
Watts, a plain clothes constable, N dii idol), sai
dbeepar
him to be a convicted thief ; whereon • remand am ceded
to prove it formally.
THAMES.
GUAM AND /W7TES.
John Niftwold,s Dutchman, aged 41, of 4, Elphich4lo.l6.
Devon's-road. Bromley, commit/lion agent, we. baulks
before Mr. Paget on • warrant, charged with annul
moray by false pretence..
Mr. Robert Harris, a
grocer end cheesemeeger, al Nu 52'
Susenstrest, Poplar? said that on to 29th al
September last the primer sad another ma an. into
his shop with a nth of butter. which they offered to
The pram... who carried the keg. maid the batter was set
dame. He tried it with a taster about six babes don
The bather was very nice oti the top, and he agreed te Pn'
ram it for 11. 17. 3d. He was indebted to the other ass,
aMrt.rwards. Cooperion&L"Nthe., andkm °the
bptcluwthwe
6 or 7 aches at the top, to be nothing but cart greate—*
was not butter at all.
Mir. Deist asked the witness if be was brought cep to tae
bade of • OkIMOSMOSAIII and ',anemic ?
X. Harris said be was not, he was by Wile shile
Mr. Paget—You should have tested the butter
oat the whole balk, and tasted it as well.
ithiniitTeere22ace. gra. Se
The prisoner. in broken English, said that the butter nil
adulterated is Holland, and that when the had was die
covered, " Mr. Harris makes up von row about the 10
and the batter, which be offered to chugs far ryntear.
The promeuter said the stuff had been made tip ban
more than two-thirds el the contents of the oak arse
stinking grease. It was veneered butter, a little gnu
butter at the top and grease under it.
A sample of the grease was produced. The !doer
very offeesive, and Mr. Paget motioned with his had
keep it away from the bench.
The proweautor was recalled, and aid the
vs him
irrisocer agtol
to take book the butter and grease and othe
butter imaged, but as the prisoner had not kept his weed
he obtained a warrant against him.
Me- POO said the prosecutor bed treated lb. water me
• cash contract, nothing more, until he found ha °mid "II
obtain payment for the robbieb, and thee asked for le—
warniat. He esold not treat this se a criminal °loom He
discharged the primmer.
CRAMS 07 MANIKATTOIITZU
Mow Ford, the younger. pipemaker, of No. 36, -
Hormarest, Stepney, was brought before %r. PIM
Maned with killing • boy named Nab Nye, aged 13 yellea
is Ferry.roed, Isle el Dews, WOW- trail tkag
George Pollee, a policeargesat No. 10
yesterday (Woodsy) afternoon the prisraw tato la
lig
and maid he bad vofortunatele inn down a
with hie hone sod dart on the Wert errymed,
and that be wished to surrender bimma lad us" "

„juts. E
sea be
r b
eiree•a with his
biw'jati,..ej beweeial
he th• Eat se MAW” wee
list'ibee tie PliwPw
TZ—• mica if Id°
JO. akuid.
*"
PsOul mid
sagla
hninadiatoll
=highly
littaegai 101P064
kegi
M WA:

nom, seer, via, a
BillpettorieSs
.abop, al
tb. 7071aositTlx 4"ta t
The
bass Oa Friday lasi
imardia alab-room,
igba was without
risithimeha•tatths
tbenriihu-- sooeas to
747d-alligektLia, 1,81:11°
of Yr. Bearoati
alma fogad tl
t.oia. *Sit al clothes
84 IPt
1414.1•0•Kutrix ofd
no in rho raroiPt
likosrd Parrott, •
sea !a*, O=
It y dbint q
biro • no
TPA
roman,

ATTEMPI

BOW.fi.
Ames Mti*PhY
Wan me the charge
Jette..
ewe.,
Oar Mended.
Lee Senetnin w
beewthi sop in s e‘ab
yory Not.
and was (lily soPPO,
esnetent applicatim
affected, and wept
Mr. Lewis stated
by the @Arlene@ of
beau. who would
*boat-the hews di
it% wee not the
Mr. Abrams said
defendant had bees
Mr. Lewle—But
also.
Mary Anne Jef
Lion Tavern, Oove
this commence, MI

beton the act i
dined to be"
lb* day in gne
Whits to ebdt
to Coyest-Garden
we
We were ph
fr the house.
wanted to speak t
"Save you been
"Thu you 161
I will oot ;
look either
pocket, and eh
White, " For
Loader). Wt.,'
the rimer eau;
tome gloom^ aw
Yd the lade or
*Owl it there I
tried to reason
mg dap. Bet
Ike, doest kill
tattler lo relide
•totSadra,P
Yr. Lewis-7
"elfin the kelp'
Bilge Tanninc
to the hospital
Ids. lawrie—l
Wltneas—Ye
Von he wee cm
Mr. Abrams
ha" health b
Ir. Flowers
Atom Crabl
morrhave howl
put 8 sr ague
el October, I
Use. I sal
day up to ha
thwie whoa I
as &Maar. I
looking up s
We 'poke in 1
spirit".
Mr. Lewis s
Kr. Flower
thinl, now is
will .o doubt
will mown
Ilr. Abram
maw the
The prim
et the Cents

KINGSV
mined thi
hones. sod
Hied 40 guh
The large di
she fair 8.14
Mamesol
marls
sheep fair b
is not repo
Tut Al
G. W. Has
tioo foe 61
united the
Law), deli,
occasion of
Mamas
8 o'clock
maenad hi
himself eh
most, he 1
In the fire
establistah
ko?tilig
toot
indsdielic
the need I
GC Reglu
tioo, sod
diesey of
trirc°6]
*recce
titles to tel
Meet.

tWirnia
Vattiosal