The Express.
London, England, 1851-06-27 00:00:00

THE EXPRESS, FRIDAY EVENING, JUNE 27, 1851.

UNIVERSITY AND CLERICAL
01F011), JUNE 28.—1 n a congregation held this
morning the following degrees were conferred, viz.:—
Doctor of Civil Law Samuel 'cokes 'WA:obey, St. Mary
Mall; Charles 'home, fellow of St. John's. Bachelor of
Divinity : 11ev. Edmond Sainsbury Foulkes, fellow of
Jesus; Rev. Philip Males, fellow of Exeter. Neater of Arts :
Addington Robert Peel Venables, Exeter, grand eats-
pounder; Frederick Howlett, Worcester, grand com-
pounder; John Deacon, Oriel, grand compounder; William
Manners Sutton, Merton, grand compounder; Rev. Maris-
chal Keith S. Frith, Exeter; Rev. John Majoribank
Nisbet, Rev. R. George Monerief Sommer, 'ter. Henry
Mordatint Fletcher, Charles Hollirow Stanton, Saliba;
Rev. Albert Marriott Wilson, Rcv. Richard Rudd Queen's ;
Edward Dolman Scott, Oriel; Rev. Jes,ph Mason Cog,
Lincoln; Rev. Alfred George Black, Stephen Sonnet,
Trinity; ltev. William Henry Jackson, Brasenose ; ltev.
William Benjamin Philpot (scholar), Rev. John Chip-
pendall, Rev. Robert Henry Poole, Philip P. Newington,
Worcester; Rev. Peter De Proton, Rev. Thomas Bretton,
Rey. Edward Bennett Rice, Pembroke ; William Charles
Gainer, St. Mary's hall; George Banner, Rev. Robert
Wilson, Rev. Raymond Samuel Daniell, Magdalene Hall.
Bachelor of Arta: William Henry Tewhentaker, Francis
Turner Polemic (fellow), Exeter; John Allen Johnson
Walsh, George Carpenter, Charles Buxton Musgrave,
Samuel R. Buettner, Herbert Harley Murray, Christ
Church; William Nunez nephew., Henry Clark, Henry
Walter Hope Heaven, Trinity; Francis Rowileti, Wadhoun ;
Anthony Gibbs, grand compounder, John Charles Billing,
Worcester; Robert Steward Falcon, Thomas ltennison,
taln.clan. Queen's.
tXlhltllgiE, JUNE 241. PRIZES.—The
reprenentitirts in parliazus nt for the Univcnity being
pleased to give annually two prizes of 15 guineas each for
the encouragement of Latin prow composition, open to all
Bachelors of Arts without distinction of years, who are not
of sufficient standing to take the degree of Master of Arts,
the same have been this year adjudged to 11. C. A. Tayler,
8.A., Trinity College, and J. 11. Mayor, 8.A., St. John's
College. Subject : Quark= przeipue fuetint in causl cur
Itelormata 'Mentor fines guns in Europa intra
palace. minus ratted ammo= superaverit ? The mem-
bers being pleased also to give two other prizes of
the same amount to be open to all undergraduates
who shall have resided not less than seven terms
at the time when the exercises are sent in—theas
have Iran adjudged to E. W. Benson, Trinity College;
John rh.tmli,rr, St. John'. College. :subject, Quomodo
diversaruna K.:titans indolers a divers carom situ ezplicari
pewee
Tel e Beaver n.—The prize adjudged under the will
of the late Riehanl Burney, Esq., M.A., of Christ's f'ol-
lege, for the best English essay 'on some moral or mete-
physical %One et, on the existence, nature, and attributes of
God, or MI the truth and evidence of the Christian reli-
gion," has been adjudged to G. F. Prescott, 8.A., Trinity

SPORTING.

TATTEILSALL'S,-TH V RSDAT.

.......
The room was thinly attended yesterday, and business
slack and unimportant, blowing wily a marked decline in
Easts!arias, and an improvement in Brother to Elthiron,
the Miss Whip colt. and Nancy and Cosasek, for the en-
trapments in which they me nips wisely engaged.
J CLT STAItiS.
_ _

J to 4 03 Lad JobOria- At'.idnibTr to Ethanol
4:4)IMMOOD
13 to 1 apt Lord Clair/ea llortokbad
P. 1 lord Wm/lord's Lalt•up-tbr-Dost
I$ to I lard Gl.rpo.'.llr. vadl, emat
lb la 1 Laalatrokdarea *Maras (t)
(i/IliUWt4IIl CCP.
Ito 1 a lir L Pipes Yomlantot
11 to I Ilr Pre/Pea/ma
11 to 1 N. Mottame* bartey (10 to 1 tabdt Mealy)
10 to I More Golitahan's Young Altoulora (t)
I.IVERIbod. f.O P.
260 to to opt Ma J. IlaTtryo:frtlnottus (t and oft ad)

I M. LY.1.1(14
11 to 2 apt Lord llnfielst's Hernandez
14 to 1 Mr. Gasalde.ton n• Mountain Deer (I)
to 1 Mr. Ilnalalsatee rlndier
23 to 1 Lord otzule)'• Warm
23 to 1 Mr. Wall/Fez Lnteeprim eoit
THE 10/..1111Y.
lOW to Go apt Mr. J. rt..rep Eeo• (t)
to I Lord Leilloton'eoarertamaa (t to POL)
20 to 1 COL Pm Laiskitm (t)

NEWCASTLE-ON-TYNE RACES.
Wins mums' (enset.unan).
PIDIAT TWIT:474IAL PKODUCE STAttO of 10 SOTS. eaCh ;
5 ft; the ',cowl to receive 10 per cent., end the third .3 per
cent. out of the stakes; fur two-yr-old colts, Mat ilb ; and
fillies, skt ilb. 11.tlf a mile. Eleven subs.
?tr.

I ialbreu hi f, by Truehur, out of Nile Julia (J. t;bocue; 2
batting.-3 to lon linelne. Wun easy by n length
Noutn DLIAKT STARR* of 10 sass. each, and lOU added;
three-yr-old cults, 84 7lb ; and fillies, Net 21b. ; the second
to (TM VC .:I0 guineas out of the stakes. Once round. Twenty-
one sub& _ . .

--Mr-.7l;;;Xaromn's bor f Nang (Mbs extra) (F.Marrea)
Mr. W. mimicries Awl\ J. Moniwai
Mr. Ittoipieo Joirs ...... .
McMinn. - 7 to 2 on Niust7, 3 to 1 apt te Jolt, sad 4 to 1
arn A nth. A very bur race, won on the poet by a head,
the SAM' M.iwrrn the ecrond end third.

AMATEEK W 111.71611 STAY of 5 revs. each, 3ft if de-
clared, with 14 added ; three yrs, 9st ; four, lOst 71b ; fire,
11,1 316 ; and aged, 12st marts and geldings allowed
31b, and half-bred Mines 71b. Gentlemen riders, Ste. New-
castle Turn-in. Seven subs.

Mr. Belly'. Risk, 4 vet, b b (1201 )
Mr. I,,.emSa Levesque, 3 yr* (:01.)
Mr. Ward 'Mosby. 3se (301.)
Onset Is Vasa'. Tb- Mow, 4 yrs (WI.)
Mr. Tbrift'a Yleurek.selne, 6 yrs (5014 .. (Cage. Pretlyross) 0
Mt. linMlloll ail Tae &veer, aged (301)
(Mr. restharatonluvgb) 0
Mr. Ileppelfa flabaldwiek. 4 yet (IOL) (Mr. Umpteen) 0
Bolting • 2 to I oast Reversion, 3 to I agst Ebor, and 4 to
1 art Risk. Won cleverly by a length and a half.
PPapa HANDICAP Of to lOTA. etch, 5 ft, and SO added ;
the second to receive 20 son. Three-quarters of a mile.
Twenty tubs.
Mr. T. Looter's Nancy, 3 pa, fed Ilb Metal 1
MM
Mr. Waltrrea Mof Tess Valley, 3 yra, 7r/ Lb (Noble 1
Mr. bosun's
Ueda, 6 yewOS :lb (J. Omborna 3
OS C. Monk'. VanguarL 6 yrs, Tat Illb lli=
04
sh Mr. W. eave's Oullist, 3 yrs list Mb
Mr. WeitiotraWalsee. 4 yrs Sat 1116 (Carroll) 0
Mr. rsliere liftpthree. 3 yet, eat (Arpisale) 0
Betting. —6 to son Nancy, S to 2 agst Coola, 5 to I met
Gulliver, and 7 to I agst Maid of 'team Valley. Won
cleverly by two lengths.
Column( ATMS; ('a. Via of 60 guineas, added to a sweep-
Make of 5 lOTA each • the second to receive 20f. ; for 3-yr-
olds, 74 ; 4 yea, Pat ilb ; 5 yrs and upwards, Met b, mares
and gelation.. Heats, nearly One mile. (II subs.)
Mr. Wallow's Mg Joann, 4 yro (T. Lre) I I
Mr. Hasson'e Joe Mstberlasd, 3 yrs (Arnold) 2 dr.
Mr. Uesson'aCyelo 3 WA.. ....... .... . (AMenalt) 3 dr.
3to 1 on Chief Justice. Won by a neck.
_ Till'ilADAY.

GATIsli FAN or LOTrIST SrAxas of 10 ions. each,
with SO added ; fur 3-yr-olds ; colts, 84 71b ; and
84 41b ; the enowd to save his stake. Two nil...
subs.)
Mr. 11. tdebbiaph n. Cutler
lord Itomma's Madness . " ....
Mr 11. tricolored's re. f y Eimilius at of Ms Der M 1
Captsls Ilarcrares Col-terdan
Won by a neck.
Oul.o Car Brans+ of 10 son. each, p.p., with 60
added ; 3yrs, 64 10th ; 4 yrs, Wt sth ; Ave, ost ; sit and
med. 94 3%. Mares and geldings allowed 31b.. From the
Kew l'ost, ewer roared. 04 nabs.)
Mr. faresiul TM Maid el Masina • yrs -. 1
Lard etaaln's Uriel. Syre. 2
Wew by • lenols.
OItAND STAND BT Atis Of 10 sovS. each. 511, and 60
added ; for' -yr-olds, 64 112 be ; 3 yes, 84 12Th.; Allies and
geldings allowed 311.. ; the ssssad to save hie stake. T.Y.C.
(I I rubs.)
Yuri. b f Paeirdrep. t yes 1
Mr. A. Nuta4re bil Mee ger* 2 —
Mr. IL ebiltaa's Liberty, t re
Mr. Caner's►s 7bs newer% loy. I yrs 4
M. IL Wares Mora alsoisml/4 yrs
Wan by a meek.
wrn Perm' PLAT. of SOL, added to • handicap of 10 son.
each. 5 ft the second to rave his stake. From the New-
castle Tura in. (15 subs.)
Mr. J. thbonesOnforJ Mar, 4 yrs, 6.4 Sib .
Mr. It. Itorow's aboallek. I yrs, tit L b . .
Mr 11. atriniamh 71. Caler, 3 rm. Set 12Ib
Lord falsanah inn S yn, ?a GM 4
hi. rea.—Wes

$ amok.

- -
SALISBURY RACES—TErSiDsT.
Wtivonsos STOICS, uf 23 .OT.. sea, 16 ft, imul 6
sm. col if doclussi. Two silos. (20 auto., 13 of whom
&Mated)
■ lissower by se Unmake oil et Lwow 3
111r.114$5011Wpf is“. f ps. 144 (Ib. ill.=
W. Dotes brad._ ,v 4 yr.,, Mb
3502 ea larva oak. Won by•assk.
WILTON:IS TILIZOXIAL STL, Of 10 orrys. oath, for
2-yr-oldo. T.Y.C. (11 robe )
lierloreo di • by lir Illobrilre oft of Itoperu. la of
Mr. C. Wyealmili Jobs. I
4tb
(11481311
111 t J. 3. Alleh la" is Ilb ..-- (4, 041 $
Mr. Z. Dyne's Primo Rem; 4lb (Tha 1
lives oss Prime Rapist. Woo easy by a length ; two
lengths between roma sad third ; Prince Rupert • bud
fourth.

Gout Crr of .10 110T11. 2 nuke
Ass4l4's Ptssemsh 4 feu est Mk Walked mer.
CITY 11111111114' PLATO of 50 sore.. added to $ Sweep-
stakes of 6 sees. each. Our mile and three quarters. (4
nabs.)
Pananerb Si a by Coveted red eat el Peer. 3 TM
fli
.. . (11. Gamer) 1
lr. I. 13MeMie-tiiii ...... ....... ~c4ll
lir. leae•a Do% 4 kik liet elh
miLem
me. waning. Issa, sem. 114 lab 4
Wen by a reak.
Betting : •le 4 opt LoMer-prom, 2al eget Peggy colt.
City Bowe of 13 um., with 12 son. added to a sweep-
stakes eta sees. each; gentlemen riders ; one mile (4 subs)
—were won in two heats by Mr. R. Herbert's eb c by Sir
Heenan out of Adele, 3 yrs, Bst (11b (814,bntim Arlene,
9st 41b
4 s Set 41a evesb aged, lost 21b ; and Woodspnte, 4 yes,
, by

TfUt Oru.BTloy or Puirtlem—Yeaterday et
weeetr, meeting of the parish et Bt. Anne's, WieUsiDAPAr,
Georg*, the churchwarden, after sabantting the
churchwardens' accounts of the past year, stand that the
rector by his introduction of Pomba into the perish, had
caused reArly the whole of the eosipegatioa to teams the
church. The sittings in the char* M all were let, would
t/s.
predate MBl. per SWIM ; bat mote let to the menet
/sly et 123 L, sad solo MI be tbet *time to the
meeest el in won ANS to be v.

Sabi Intelligence.

JUDICIAL COMMITTEE OF THE I'ItIVY

COUNCIL-YESTERDAY.

Orion vna Sionr;_ll... T. P531111,10/1 LIMA.. sin S. LEll.ll.OTea.

Na 4 has. ♦55 rigs Law Cum, DIMON.

ORIVILLI V. TYLER AND ANOTEER.—ALLROID INVA-
LIDITY OP INS WILL OF EMMA BLAQVIERE, DECEASED,
OF BATE.—JCDOMINT.
This was an appeal from the judgment of Sir Herbert
Jenner Fast the judge of the Prerogative Court, which
was delivered on the 9th of August, 1849. The testatrix it
appeared was Mrs. Emma Blaquiere, of Bath, who died
upon the 4th of February, 1847, leaving two brothers, a
sister, and two nephews, and property amounting to 5,0001.,
great part of which was invested in the long annuities. The
will was dated the 9th day of January, 1847, and com-
menced thus:—" I, Emma Blaquiere, do hereby give the
following sums of money to the persons mentioned in this
my last will and testament, and I give the remain-
der of my property to"—the word "tai' was struck
oat with a pen, and then followed the worda "in
the long annuities and elsewhere to Charles Greville,
M.D., Bath." The will was is the handwriting of
the appellant, with the exception of " Charles Greville
M.D., Bath ;" and these words were in the handwriting of
the deceased. The testatrix then devised a variety of lega-
cies to different persons, and she appointed her brother,
Richard White, since deceased, and Edward Tyler, both of
Essex.street, Strand, her executors. The attestation clan,.
then followed, and the paper was signed Emma Elaquiere,
and was attested by Dinah Pugh and Emma Plitt Clerk.
The general bequests contained in the paper had been, it
was admitted, with the knowledge, and by the direction of
the testator, and the only question which came before the
court arose upon the disposition of the remainder of the
property, namely, as to the words " in the Long Annuities
and elsewhere." These words were objected to by the exe-
cutors, the respondents in the present instance, and sup-
ported by the appellant, who was the residuary legatee
under the will. The executors admitted the validity
of the will generally, but they denied that the residuary
clause was entitled to probate. That clause was written,
it appeared, partly on an erasure, and partly on au interline-
ation. With the exception of this the whole of the will was
written by the appellant, who was the testator's medical
adviser. The learned judge, in the court below, said he
would not eater into a consideration of the probability that
the testatrix did not intend to benefit her family, or of the
probability that she did intend to give the residue of her
property, amounting to four-fifths, to the appellant, for in-
tentions would not supply sets. The appellant had thought
proper to propound that clause as part of the will, and he
(the learned judge), was of opinion that he had not estab-
lished it upon any evidence upon which he could rely. He
felt that he was bound to pronounce against the residuary
clause, and to decree probate to the executors without that
clause, and also to condemn the appellant in the costs of
these proceedings. It was against this decision that the
present spneal was made.
The council affirmed the judgment of the court below
with costa.

with, or until certain notices should have been given.
There might be private interests liable to be affected, but
how those of the public could be the better or the worse
fur the partial opening of the line he could not understand.
As to the prayer for general relief, he could not see what
order could be made unless one granting a mandatory in-
)unction, or an order to compel the co:npany to
make a railway along the diverging line. It bad
been argued that, although technically particular relief was
not sated, yet, under the prayer for general relief, an order
having the um* force substantially as an injunction might
he made. Upon this he gave no opinion. If the public
interests represented by the Attorney-General were entitled
to have the diverging railway made, the proceeding by
mandamus was open to the public. An injunction or order
could not be so conveniently put in force as a mandamus.
: The demurrers must therefore be allowed. Notice of
motion for an injunction had been given, and the motion
was refused with costs without further argument.

Strom Lose Cu:muftis (.%iteßCiAseinAoia).
PRESTON P. LIVERPOOL, ANciITaTER, AND Nzw-
C.I.STIA-011-TTNE JUNCTION RAILWAY COMpANy.—RILL
FOR SPECIFIC PRILFORN ASCII OP A CONTRACT MYR Till
COMPARY.

Lord Cranworth delivered judgment in this case, which
was argued last term. The bill was filed by Mr. Coops r
Preston, of Flashy, in Yorkshire, against the above com-
pany, for specific performance of an agreement dated in
February, 1848, which was to the following effect:—" It is
agreed that on the following conditions the said Cooper
Preston will and does ar-ent to the railway being made
through his property at Flabby, as laid down in the de-
posited plans of the company. First, that in case the com-
pany shall in this or any subsequent session obtain an act
of incorporation, the said company shall pay to the said
Cooper Preston, his heirs and assigns, the sum of
1,0001. for all lands required by the company for
the due making of the railway, and the further
sum of 4,0001. for residental injury to the estate
and hall of the said Cooper Preston." It was also
agreed that the charges of the plaintiff's solicitor
should be paid, and the sum of 251. for his personal ex-
penses. It appeared that when the agreement was entered
into there were two companies proposing to make the line
in contemplation, and the company with whom the plaintiff
contracted amalgamated with another set of persons, by
whom the undertaking was carried out, the latter persons
taking upon themselves the whole of the liabilities mitered
into. It also appeared that the company had given the
plaintiff the usual notice of their intention to enter upon
his land, and take surveys and levels, and that they had
entered, in pursuance of the notice, and staked
out the land, and that they had also paid to the
plaintiff's solicitor the 241. aceording to the agreement.
This company obtained their act of parhament, but gave up
the line, which was intended to pass through the plaintiff's
land, and declined taking any of his property, and also re-
fused to pay the 4,0001. mentioned in the agreement.
For the plaintiff it was contended that the company ought
to pay him the 4,0001. whether they required his land ur
not, that sum being intended partly to secure his assent to
the act of parliament being obtained.
Foe the railway company it was submitted that they were
not bound by the agreement entered into by another set of
persons who did not obtain their act; that the entry upon
the plaintiff's laud was not such as to show that they meant
to take possession, the only object being to try levels, &c. ;
and that they were not humid to pay comfit nsution for in-
jury which had never been done to the plaintiff, since their
line was not intended to pass through his land.
The case came on upon a demurrer by the railwaycompaay.
His lordship, in giving judgment, said the doctrine of
the court was, that where persons projected an undertaking
and assumed to act on behalf of a company afterwards
called into existence, they must be treated as agents of such
company. Ile thought the evidence was sufficient to show,
that in effect the defendants represented the persons with
whom the contract was entered into, and were bound to
fulfil their obligations. It did not appear that any land had
been taken in pursuance of the agreement, but it was very
reakonable to suppose that the 4,0001. was intended as a con-
sideration for the plaintiff's assent to the undertaking, par-
ticularly as the sum to he paid fur injury was so much more
than that agreed upon for the land, which was moreover a
fixed sum for any quantity of land that might be required.
Under these eircumstauces he thought the demurrer of the
defendants must be overruled, but he would give the
parties leave to try the question at law as to the construc-
tion of the agreement.

COURT OF QUEEN'S BENCII.—YESTERDAY.
BITTUIAS AT Nut Paire.--Ecrw!ft Loan Cutrutu. LSD . !M►CUL

1300 Th V. HMG.

This was an action by the plaintiff, Captain Booth,
against the defendant, one of the partners in the Brentford
Distilleu, complaining of an assault committed upon tho
plaintiff's servant, and trespass, in turning him and his
horses out of a stable of which he claimed possession. It
appeared that the stable was • part of the distillery pre-
mises, and had been used, together with a house which was
detached front the distillery, for 25 years, by the plaintiff,
and he now claimed it as his own by right of adverse pos-
session, the partners in the distillery asserting that the pos-
sestion by the plaintiff had only been by sufferance ; and
they relied upon a number of deeds and mortgages and
leases. tracing the title to Sir Felix Booth, who died in
1850, and under a lease by him to the present partners. The
plaintiff was the nephew of Sir Felix Booth, and bad been
allowed to use the house by him. Possession bad been de-
manded of the house, and a correspondence ensued which
was relied on to show au acknowledgment by the plaintiff
of the defendant's title so as to bar the statute of limitations.
The letter was as follows:—" Dear Uncle—As soon as con-
venient after the funeral I shall be glad to Ice you, as I
expect when I next arrive at home to find a railroad
through my house. I think in common courtesy you might
have informed me of your wish to make some alterations in
the premises. You forget or, I stapposv, wish to tbrget,
that when you were leasing the premises you promised that
if I did not interfere with you, you would not interfere
with me," &c.
Lord Campbell summed up the case, and under his advice
the jury found • verdict for the plaintiff on the first count
as to the assault, damage' M. ; and for the defendant on the
second, which involved the title to the stable.

COURT OF COMMON PLEAS.—TESTERDAY.
ISITIRMI• AT Nisi PAWS AT WMTVIASTIA.-1111102A Lou. QUIST
Junin" Joins ma• Cosmos, Jon's.

LUMEN r. BICLLtT74.-1:270..N."''Am071;187 AN ATTO ILN E

VOA WINO AND SPIAITS SUPPLIED tD 111 K.

. _
This was an action brought by a wine-merchant, carrying
on his business in Ivy-lane, 'fower-street, against an attor-
ney, practising his profession in Barge-yard, Bucklersbury,
to recover the sum of 211. 171. Id., for wine and spirits sup-
plied to him in the year 1545. The answer given by the
defendant to the action was, that he had a set off, in the
shape of a bill of costs for work done as attorney. This the
pldff nU' denied, oantending that the work was done for a
penes awes& lienlkas.
This ant witness called was the under-cellarmen of the
plaintiff, wise proved delivery of the goods, for which the
present action was brought, at the defendant's house.
Mr. Wm. Nicholson examined by Serjeant Bylee—Wit-
ness was the Lord Chief Baron at the Judge and Jury So-
ciety, Garrick's Head, Bow-street. Witness knew both the
plaintiff and the defendant, and the charges of the latter
were fair and reasonable. Witness had been the proprietor
of Cremorne Gardens. Mr. Tanker supplied the gardens
with wine, &c. The defendant had been employed to sue
witness for money which he owed the plaintiff*.
Mr. Bramwell—The defendant has not been admitted an
attorney of your court. (Laughter.)
Witness—No, he has not.
Mr. Serjeant Byles—l see the defendant in his bill of
costa which he brings forward as a set elite the plaintiff's
claim, makes a charge for serving writs. Were those writs
lamed out of your Court?
Witness—No, but I have been s erred with a writ my-
self when in court. (Laughter.)
Mr. Bramwell—l suppose you would consider that a con-
tempt of court ?
Witness—l wish, sir, I had the power of treating it as a
contempt of court. (Loud laughter.)
Mr. Foulkes, a retired publican, was then called, and he
proved that when the defendant was in the Queen's prison,
about a year ago, he had acknowledged the debt fur which
he was now sued, and had said he would pay it in instal-
ments when he was set at liberty. The bill of costs which
the defendant now produced as a set off to the plaintiffs
claim was a bill incurred in respect of actions brought by
witness, and not by Mr. 'faker.
Mr. Bramwell, for the defence, contended that his client
was employed according to the terms of a written agree-
ment, which had been entered into between Mr. Tacker,
Mr. Foulkes, and Mr. Bickley. Mr. Bickley was to
bring certain actions as the attorney of Mr. Taker, and
Mr. Foulkes was to indemnify Mr. Tanker. The actions
which had been brought by the defendant had been com-
menced on the retainer of the plaintiff, and there was,
therefore, a good answer to the claim of the 'plaintiff, as he
in fact owed the defendant more than 211. 17s. Id., fur
which Mr. Bickley was now sued.
Evidence was then called to show that the plaintiff was
indebted to the defendant to the amount of 179 r. for work
done for him as attorney.
Mr. Serjeant Byles having replied,
His lordship summed up, and the jury returned a ver-
dict for the plaintiff—damages, 191. 15s. sd.
His lordship granted a certificate that it was a proper
case to be tried in a superior court.

COURT OF EXCHEQUER.-YESTEIIDAT.
Pita PaD;ll.-BDVODB Xs. Baas KU= MID MiZOLUU &KUL

Jouse.
299.2;•%11 9. M4/011111ANK11.—P•9119.99 or B•Naltalki
CRICKS.
This was au action of much importance brought by tie
etrifla, ea trustee of the marriage settlement of the Rm.
Franks, who died in 1838, a lunatic.
The plaintiffs realised, in 1843, a stun of between 10,0001.
mil 11,0001. as insurances effected on the life of the Rev.
Mr. Franks, and opened en account on the 19th Jute,
ME at the defendants', Merin. Coutts and Co. On the
filth of June the plaintiffs, Messrs. Bellamy and Foster,
••• bobs a retired solicitor and the other a barrister, drew
a diet im 2,3981. 175., payable to a Mr. Edward Bryant
Gery. The check wee crested by Mr. Bellamy, Mahn cie-
s Welly that " it was payable at the Beak of Bashed, on
aeseinat of the Aasombint-General." Mr. Gary amuck
alal this immai& awl itroduced this awe of Mews.
eadlaireadamMotimailsaken, to wboNik Waggles the
. 117, afterwards emlosmbil we
ma leimoselei_ the ahem la UK The t
eelee wee te mew back Ihe th •
dimly mi the issued AO wee the ger it Mr W 16° it = iliadamas' duty to
04 loin a double eke* eat ihar set hese wed Mr.
limy to get mein et . Several witness'swee emosismA sok shoe m the
ak • evidence, the
seam was segmast st soma o'clock to half-put ma'
Vele& this tomb g. We reserve a fella report of the
ease mull Ilitraaralisa

ARCHER COURT—YasrEaDAY.
Hums Sic 0. J. rim.
C•aTWRIUHT v. CAUTWILMHT.
Dr. Jointer said this was originally a suit for the restitu-
tion of conjugal rights, promoted by Mr. Cartwright sgaiast
his wife: and in reply to that suit, Mn. Cartwright had
given in an allegation charging her husband with adultery ;
and, subsequently, additional articles, charging him with
further adultery. The learned advocate was proceeding to
open the cue, when
The Queen's Advocate, on the part of the husband, ad-
mitted he was not in a position to deny the charge of adul-
tery, and, therefore, found it impossible to resist the praytr
of Mn. Cartwright.
The Court had read the papers, and was perfectly sags.
fled with the proof of adultery. It had seldom or never
met with a more profligate ease. The husband had iasti-
, tutcd a suit for restitution df conjugal rights with a full
knowledge of his own profligate conduct at the time. The
Court, in pronouncing against Mr. Cartwright, condemned
him in the costa.