The Express.
London, England, 1848-11-20 00:00:00

THE EXPRESS, MONDAY EVENING, NOVEMBER 20, 1848.

mended from them within the time .outland in Iced Tea-
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11148 andel a mom to the Clean el Ibiskapar, and the
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was now opmal apes dm sepal lad apes that Mid by
Sir P. Snaglduen and lgalrlanlng for the plaintiff. The
further heaefsg yea edleamed.
Plum to. brew. AND OTHEILS.—QUILITION WUZTHIN
LW IMPART HES CAN ALISNATII TON ANCISTOR'S lISAL
'WATT DISCINDID, WITHOUT SATISFYING NIS Siarla
Ciannurr Danre.—This wee ea appeal from • dune of
Vaos-Chancellor Wipram, under these eirewnstames:—Tho.
ma Stanley Hill died intestate, in Muck 1837, leaving real
Mates el great value. His perional mate was inrcient
to pay his simple ,entreat debts. He left an only child,
Mary Anne Hill, then under the age of 21. She married
Mr. bull in August, 1837, and by 'racks executed by
them with trustees, before the martian., the real estates
which descended on the young lady front her father, were
settled to the uses of herself end husband, and the children
of the marriage ; and a power was therein referred for exe-
cuting a deed within six mouths after attaining her full age,
thereby to confirm or vary the mesaof the articles with a
power of revocation. Mn. loan attained her full age in
January, 1839, and in May, 1840, after the expiration of six
mouths, she and Mr. Ineoll, executed a deed, in permeate of
the articles with a power of revocation, and in two days
afterwards they executed another deed, partially revoking
the uses of the former, and providing for the payment of the
intestate's debts. Mn. died the ulna year, and one
of her two surviving children filed a bill against the other
and their father; end, on the hearing of that cause, in 1844,
the Vice-Chancellor of England declared the two deeds of
1840 to be void to the extent of their departure from the
articles which he inclined to think to be valid. The present
suit wee instituted by the intestate's creditors to set the
articles aside, and obtain payment of their debts out of the
reel @date, and Vice Chancellor Witerara made a decree to
that effect.—Mr. Wood end Mr. Maline, is support of the
appeal against that decree, said that althaigh the articles
ennead by the infant heiress were voidable after she
attained hei age, they wire not void; end they were con-
firmed by the deeds of 1840, which tn. Vies-Chancellor of
England admitted to be valid en far as they did not vary the
uses of the articles. An infant's deed is not void SDINIS it
is clearly to the infant's prejudice ; and runty a settlement
made on the marriage of a female infant cannot be to her
prejudice. She might daring the ,overture alienate the
estates by levying fines; why, therefore, might she not
covenant before marriage to settle the Watts ? They took
are to disiinaubh sr:Kielty debts from simple contract adds,
which were the debts in question in the caw
The Solicitor.Orneral and Mr. D• flex supported Vira-
-1 Chancellor Wigram's decree, and contended that the articles
were void u against the ancestor's creditors. The deeds
' executed in 1840, after the infant came of age, to confirm
the articles were held by the Vice.Chaneellor of England to
; be void. lib Honour did net thereby afire the validity of
• the articles. A great numher of eases wen referred to on
• both sides.—The further hearing was adjourned.

Before the Tier Chancellor of Mean&
ARNOLD O. ARNOLD. —C CTION OP A WILL.—A
question in this case was raised under the will of Lieut-Col.
Arnold, who amongst other things gave and bequeathed to
his child, Sophia Mary Arnold, 15,0001. sterling, to be kept
in trust by his executor, till she should attain the age of 21
years or marry with the consent of her mother, end the half of
his executors then living when this RUM, with the accumulated
interest was to be settled on the said Sophia Mary ; but fail
ing her attaining 21 years, or having ulnae by such marriage,
then this sues was to devolve, one half to hts residuary legs.
tees, and the other half to his other child not yet horn.
Sophia Mazy, the daughter of the testator, bad lately at-
tained the sge of 21 years without being minted, and the
question argued was whether she was entitled to the legacy
of 15,0001, with the accumulated interest, absolutely, or ,
whether that sum was to be settled upon her in strict settle.
anent. —TheVice-Chancellor said hisopinion was that there was
no eettl..eseat directed by the testator, except in the case of
his daughter marrying with consent under 21 years of age ;
but as she had attained that age without having been mar-
ried, she was entitled to the legacy absolutely.

Before VicarChuteellor %%gram.
ATTORIIBT-OILNEKAL 0. VIII CORIVKATION OP CONOLII-
TON.—CHIAILITT.—The Solicitor. General (with whom was
Mr. J. Hedy), said that an arrangement had been come to
by the parties to the suit, in consequence of which it was
propmed to take a decree by consent. The information,
which was filed in 1815 at the relation of an inhabitant of
Congleton, sought a declaration by the court that the right
of nomination to the head mastership of the Cougleton Free
Grammar School, which had been co mimed by the corpora-
tion prior to the passing of the Municipal Corporation Re-
fotm Act 6 & 6 Will, IV. e. 76, had thereby been trans-
ferred to the trustees of charities appointed under that
statute. The information also prayed a reference to
the Master to settle a scheme for the future re
gulation of the school. By the decree which it was
the object of the present application to obtain, it
was, by consent of all parties, to be declared that the right of
nominating and appointing the head master of the school
should heno forth be vested in the
toymaor, aldermen, and
burgesets of the borough of Congleton, be exercised by the
council of the borough, and that the Her. Mr. Pugh should
be nominated to the existing vacancy in such mastership.
The decree was also to declare that the person from time to
time to he appointed head-master should be a clergyman of
the church of England as by law established, and should be
il the sum of 161. Per annum by the mayor, aldermen, and
burgesses of the borough, and be entitled to the
other emoluments of the head-mastership. The pro.
pod decree was also to provide that the consti-
tusetion of the school should remain as it had
hitherto existed, unless it should be at any time altered
under the statutes in force for regulating rammer schools
and that the expense of repairing the school-house and
school-room should be borne by the corporation.—Mr.
CankHen, for the defen.'ants, the mayor, aldermen, and
bonuses of Congleton eononted to the decree proposed,
which was aseordiugly'asade, subject to the approbation of
the Attorney-G.-torsi.
Hover O. WLY.—CONSTRCCTION OP WILL.—CONVER-
sios.—His Honour gave judgment in this ease, width was
a snit for co:onion Into securities of a permanent
nature of certain Long Annuities and other perishable pro-
perty, forming the subject of a residuary bequest to the
widow of the testator for life with remainder to the plain-
tiffe.—Hie Honour said be was bound by the numerous
tiod-rn decisions upon the subject to hold that the wording
of the will in the present case pointed to enjoyment by the
tenant for life of the property in specie, and that the case,
therefore, was taken out of the ordinary rule requiring con-
-ion into a permanent fend.

COURT OF QUMEENaim'S BENCH.—SATriLDAT.
Is Beano.
Ties Quays r. °HAUT AND OTnsite.—FSIIINDLT
SOCISTI66 —ln this can a rule had been obtained to quash
an order made by the magistrates of Leeds, under the fol.
lowieg circumstances . It app: aced that a men called Jacques
had fur eighteen months belonged to a friendly society in
Leeds, for the relief of its skit members, when he became
ill, and was for some time a recipient of the weekly stipend
allowed by the society. On the 2nd Nov., however, further
mistime, was refused, on the ground that he was able to
work, the proof of which was alleged to he that he had
reached a glass from his shop window, containing walking
sticks, and soul one of them for a halfpenny.—Jacques, hav-
ing disputed the right of the society to stop payment, the
matter was referred, in accordance with one of the rules,
to three of its members, who awarded his expulsion.
Upon this he applied to the magistrates, who,
after going into the merits of the case, expressed
their op.nioa that he bad not broken any rule of the society,
and orderid that he be reinstated as one of its members.
The rule to quash this order, above referred to, was then ap-
plied for and mated by this court on several technical
grounds. Mr. Hall now showed cause against the rule,
which .as supported by Mr. Pashley.—The court deferred
its judgment.

BAIL COURT.—SATURDAT.
!intim In Banoo.—Before Mr. Justice Pettiest.
THE QUEEN IL FEENTHOOOII AND OTHER/I.—HAIL TOR
FELONY.—In tLis case Mr. Hudd'estate had obtained •
nee calling on the prosecutors to show cause why Joseph
Fernyhough, Thomas Leese, and Sarah Bensfard, who
were charged with stealing same earthenware, of
the value of 30a., should not be admitted to bail.
—Mr. Whitmore now showed cause, and contended
that the magistrates had 'Remised their discretion
end had declined to admit these parties to bail, and by the
recent act of parliament a mere extensive discretion was
vested in the magistrates than before.—Mr. Justice Patteson,
alter reading the affidavits, decided that he would admit the
parties to bail, themselves in 1001., and four sureties in 251.
tub.
COCHRANE O. PROUT.—LIBBL.—Mr. Wordsworth moved
for judgment as in the ease of a noi•uit for not proceeding to
trial. The action, which wet.: one of libel, sem out of the
last Westminster election. No one appearing for the plain-
tiff, the court granted the applicstion of the learned counsel.
HUTCHINSON o
—Mr. C.o.der applied f a rule nisi to set aside an agreed
whi h had been made in this ease. It appeared that
the plaintiff was a surveyor, and had been em-
ployed by some persons who acted as Commissioners
of Sewers. Hio bill amounted to 9341. Subee•
(Lundy disagreements took plate between the parties,
which resulted in arbitration, and it was then ruiderstood
that there was to be no dispute with regard to a certain sum
of 2571., and coast quently the arbitrator did not adjudicate
upon it, and eventually awardod 3021. in addition as due to
the pl tintiff. The defendant had, however, refused to pay
the 2571., ou the ground that that sum was not mentioned
in the award of the arbitrator. It was • gross mistake
on the part of the arbitrator. He had an affidavit made by
the gentleman to whom this matter was referred, in which it
was stated that he bad not mentioned the stun of 2571. in his
award, beeauee he understood it was not before him. There
was a case of " Hinde v. Hall," (in 2nd Manning and Olin-
ger), in which the late Lord Chief Justice Tindal said it
would be a scandal if courts of justice could not rectify the
errors of arbitrators. Under then circumstances he trusted

Hs lordship would grant a rate.—Mr. Justice Paulson
Take a rule.

Two QUEEN If. THE JEDOES or THE PALACE COURT.
- • • ••

Pulhou moved, on bthall of an attorney
named Poillip Jacquet, fur a mandamus to be directed to
th« judges of the Palace Court. commanding them to admit
him to practise as attorney in that court.-11r. duadee Pat-
tesou : There is a roll of that court I—Mt. Pulling replied In
the efihatatieo. By the Bth and 7th of Victoria, cap. 73, see.
27, It woe pro►ided that every person who had been &drags('

an attorsey of any of the superior courts had a right to prae-
tise in the inferior marts. The learned counsel also added
that he had an affidavit of his client, in which be stated that
he was admitted as attorney of the Court of Queen's Bench
in 1831, and had since that period regularly practised in that
court. —Mr. Justice Patteses Your affidavit states that an
application has been MAI and Tessa 1-Idr. Pulling replied
await lordship then granted a rule,

COURT OF COMMON Puro. LEAL—Eirronn•Y.
Sittings
The wart was occupied in hewotions of no public
Meet up to three o'clock, w fir, of " Alezander
v.
Mackenzie," out of the new t was called on, in-
volving • question of the authority of the =onager of the
Newcastle Joint Stock Beak to endorse bills after failure of
the bank. One side only had been heard when the court

COURT OF EXCUniteHRIn &moo.QUER.-BArcansr.
&
Hoye e. TIIOIII43OII.ItoW.—LLLISORD KLILICIOI7.3 Tars-
rAss.—Mr. Chnnock applied for • rule, calling on the plain-
tiff to show cause why the verdict found for him in this case,
with 261. damages, should not be set aside, and a new trial
had upon the ground of misdirection. It was an action by
a tenant against his landlord for breaking and entering the
plaintirs house, and for assaulting his wife. It was tried
last week before Mr. Baron Platt, when it appeared that
whilst the plaintiff was I. Whitecrosostreet prnon, for debt,
his wife removed nearly all the furniture from the premises
which were the subject of the tenancy. During the abeence
of the plaintiff and his wife the defendant's son ef-
fated an entry, and as barricaded the doom,
that she found it impossible to get in. Having been
thus summarily ejected, she commenced breaking the
windows, and, while doing so the defendant gave her into
cu Cody for maliciously injuring his property. The matter
was investigated neat day by • magistrate, who dismissed
the complaint, and this acuon was the result. At the trial it
was contended that under the 7 & 8 Oen. IV., c. 30, the
defendant (who pleaded " not guilty by statute") was enti-
tled to novice of action, but the learned judge thought other
wise, and told the jury that the plaintiff's wife had merely
broken her own windows' and that the defendant was re-
sponsible for the act of his son, who had entered the premises
during the plaintiff's absence. It was now submitted that
that direction was erroneous, and that if the defendant
really believed he was acting under the " Malicious Injuries
to Property Act," he was entitled to its protection, and al-
though the relation of landlotd existed between him and the
plaintiff he still had an interest in the property, and
was justified in preserving it from destruction.—The court
granted a rule to show cause, uteerving the two questions a.
issue—flint, whether the defendant had acted bon& fide under
the 7 & 8 Oen. IV., c. 30—and second, whether that statute
applied to an injury done to the reversionary interest of •
landlord—deserved consideration.
BOWAN V. EYANII,--COUNTY COI:RTC—This was an ap-
plication for a certiorari to remove • replevin suit from a
county court, under the 9 & 10 Vitt., c. 95, s. 121, which
provides that, under certain specified eircuvistanesil, such
actions may be removed. The court considered that the
application should have been made to a judge at eltemben,
and that the increased eapenees of a motion in court were
unrecessary.
Non Paws at Oalldhall.—nefore Mr. Raton Platt and a London

Comma Jury.
MIACT O. °ALLOT.-- NON-A UMINIATRATION TO A Hui-
BAND.—Tbe plaintiff in this ease was Mrs. Mercy, a widow
lady, residing at Stoke Newington ; the defendant, Oallot,
an attorney's clerk ; and the action was brought to recover
421., the balance of a sum of 611., due for board and lodg-
ing is the plaintiff's house, in Church-street. Of the ori-
ginal debt various sums were paid by the defendant et dif
ierent periods to the plaintiffs husband, leaving the balance
now claimed. Mr. Mercy died in August, at which time a
sum of 281. was due. After his death the defendant conti-
nued in the house until a furth. r debt of 141. was incurred.
For the defendant it was contended that as the plaintiff bad
not taken out letters of administration to her' husband's
Wreck, she could not claim that portion of the debt which
had been contracted before the husband's deceue.—the
Levy found for the plaintiff for 141., the amount due attar her
usband's death. Leave was given to move for a rule to
show cause why the verdict should not be for the full
amount claimed.

COURT OP BANKRUPICY.-6ATI:II.DAY.
Before Mr. Commissioner GouThum.
Cans OP a SCULETOR.-1118 Honour gave judgment this
morning in the ease of C. E. Jones, sculptor and engineer,
whose application for certificate had been made a few days
ago. The application was then opposed, on the ground of
the bankrupt's expenditure being excessive, and 'other
grounds. It then appeared that the bankrupt had been em•
eloyed to execute busts of the Queen, Prince Albert, Louis
Philippe, and other distinguished personages ; and had exe-
cuted no lees than 120 in the course of four years.—His
Honour said that, after fully considering the We, he had
determined to make a similar order to that which had been
made, he believed, in the Can of Lord Huntiagtower. He
should only grant the certificate, after the bankrupt had cue-
exited a bond binding himself to report, at stated periods, the
amount of his earnings to the official assignee, and likewise
to set apart one-half of these to the payment of his creditors.
Protection would be granted for a fortnight, and when the
bankrupt had fulfilled the above conditions, the court would
sign an order for his certificate.
SCSPENsION OP Ceartriceve.—G. H. Whittell, tailor, of
Vine.street, applied for his certificate. There was no oppo-
sition ; but the Commissioner, observing that there were no
assets and that the trading had been reckless, suspended the
certificate for twelve month', from the date of the last exa-
mutation (25th May).
Ties Et SBLECOALOOMPANY.—ThiSWSStiIe day appointed
for the adjourned last examination of Samuel M: bbs, described
as a coal merchant, of Brompton. The report of the official
assignee (Mr. Follett) stated that the bankrupt, who was a
retired merchant, had become a director of the " United
Kent, Surrey, and General Coal Club Association." The fiat
had been issued by • creditor who had supplied goods to the
company. The bankrupt's individual debts were only 501. ;
his property was estimated at 2,1001. His liabilities as a
director of the company were set down at 1,2671., but it was
probable the amount would be great:. The assets of the
association were estimated at 1951. in property and 1611. in
good debts. There were no boeks of account, the association
having wily been just formed. He had no objection to offer te
the bankrupt's pusing.—The Commissioner said it was clear
the association was in an insolvent state, and Mr. Hobbs
would have to pay the whole. This was one of thou in-
stances of fully which could scarcely be believed were they
not forced on public notice again and 'mein. Here a retired
tradesman, possessed of sufficient property to enable him to
pars his days in comfort, thought fit to join himself with
these people, who were clearly all men of straw. The associ-
ation was • mere bubble ; and now he would be made liable
for all their debts.—Mr. Sturgeon supported the mining of
the bankrupt.—Mr. Sargood, for the assignees, opposed a
proof of debt f r 61. 45., tendered by Ur. Jones, painter, for
work done for the company, on the ground that the )
rupt's liability to this creditor was not clearly established.
Mr. Turner deposed that he received instructions from • Mr.
Harris to paint the office in Houndsditch. Had made re-
petted applications for the money at the office in Old Kent-
rod, and afterwards received a letter from Strutton, the
manager, acknowledging the debt. The minute-book of the
company was referred to, proving that the bankrupt had
acted as chairman at the meetings ; " and (observed the
Commissioner) at the close of' each mei sing there is recorded
a unanimous vote of thanks to Mr. Hobbs for pre.
siding, who received a guinea for each occasion
of his doing so." (Great laughter.)—Mr. Sargood
admitted, after this evideuee, that the proof must be
received, the Commissioner observing that the creditors of
the company could only take dividend after the private ere-
diton had beeu paid in full.—Mr. Shaw, the solicitor to the
company, sought to prove for the amount of his bill, 1041,
Evidence was given of Mr. Mobsa's presence at • meeting,
at which the solicitor attended and read the deed of settle-
ment —Mr. Shaw deposed that he received his first instruc-
*ions from Mr. Hustler, the secretary, in February last, who
submitted to him a draft prospects-, which ho amended. Did
not then know a single individual of the company. Hustler
asked hint to act as solicitor at the commencement of March,
outing that the company was formed, and he did so. From
that time ha considered himself the solicitor to the company.
—Mr. Sturgeon submitted that, as a co-promoter of the com-
pany, Mr. Shaw was not entitled to prove.—The Commis-
slum said there was not the slightest ground for any impu-
nities On Mr. Shaw, and he was clearly entitled to prove,
taking his chance of dividend out of the surplus assets, after
paying the separate debts.—Several other proofs were scruti-
nised On the part of the asaignees but the general liability
WM established, they were all idmitted, and the bankrupt
than passed his last examination.
Re H. Pkaiteu.—On Friday the Commissioner, in re-
ference to this ease, heard a few days ago, stated that he had
received a letter from Mr. Rickford, denying that he was the
creditor at whose suit the bankrupt had been imprisoned ;
and his Honour's impression was that he had not stated so.
He mentioned this as a statement to that effect had appeared
in some of the papers, and Mr. Rickford was very anxious
that it should be contradicted.
' WESTMINSTER COUNTY COURT.—SATURDLY.
THE JUDOS OT ONE COUNTY COURT HAS NO Powell
TO NET ASIDE a JUDGMENT ORTAINRD IN ANOTHER
COUNT.—CArEsa tf. LZAHY.—This was a proceeding on a
judgment obtained last December, in the Marylebone County
Court, which the defendant neglected to satisfy. A barrister
who appeared for the defendant (a solicitor residing in
Church-street, Soho), applied to the court to set aside the
judgment on the ground that his client did not receive no
ace of the original summons, that he had a good answer to
the action, and that as the judgment was obtained in the
Marylebone County Caurt that was the proper place to pro-
ceed meted him upon that judgment. Judge (1). C.
Moylms, Esq.) said, with respect to the first point he had no
power to set aside a judgment obtained in another court; his
only duty was to enforce that judgment. As to the Maryle-
bone County Court being the proper place to sue upon that
judgment, it would be seen by the filch sectioa of the act,
that the plaintiff could take out a summons upon the judg-
ment within the district of any county court where the defen•
dant resided at t.• time. It wu clear that when the judg-
ttent was obtained defendant resided in Marylebone, but
now being a resident of Westminster, the proper place to one
him in was that court. He should order the defendant to
pay the costs incurred by the plaintiff, amounting to 21. 155.,
on the 27th of the present month, and the balance four weeks
after, which would give ample time for the application to
set aside the judgment to be made to the Marylebone County

POLICE.-SATuRDAT.
GUILDHALL—Bunn° Houses.—Mosoatt and Bab
were n-examined, charged with conspiracy to defraud Mr.
Beadell, an auction's,. at Chelmsford, by selling to him a
ample of h sees as quiet crsatures, accustomed to be driven
and ridden by a lady named King, this representation being
untrue, there being so such lady at the place named, mad
coo of the hones bang a task jib, that would not soma oat