The Express.
London, England, 1851-03-27 00:00:00

IRELAND.

MARCII 26.
The Lord Lieutenant presided on Saturday at a
Privy Council, in Dublin Castle, when the proclama-
tions issued under the Act 11th Vie., in July and
August, 1518, for the better prevention of crime and
outrage in certain parts of Ireland, Sc., as against
the county of the city of Waterford, the county ef
the town of Drogheda, the counties of Carlow, Kil-
dare, Wexford and Wicklow, were revoked.
Major Ludlow Beamish, chairman of the Munster
Agricultural School, accompanied by Edmond Mur-
phy, Esq., Professor of Agriculture at Queen's Col-
lege, Cork, had an interview with his Excellency the
Lord Lieutenant, on Tuesday, relative to the appro-
priation of 4,4001., the balance of the reproductive
loan fund applicable to the county of Cock, when his
Excellency expressed his readiness to forward the
views of the Cork Agricultural Committee on the

subject.
The annoyance of Mr. Maguire and his tenant
league friends at finding that although he was only
beaten by a majority of 14 in his contest with Mr.
Shell for.Dungarran, in 1847, he has not been able
to approach within 78 votes of Mr. l'onsonby, may
be easily understood. In his speech at the close of
the election on Saturday, Mr. Maguire thus accounts
for this humiliating circumstance, in terms, it must
be admitted, that were anything but complimentary
to the constituency of Dungarvan. He said—
How do I account for the difference ? Then, the nation
had still preserved its manhood ; then, misery had not eaten
away the strength, and truth, and dignity out of the hearts
of our people ; then, the constituency of Dungan= was not
mainly composed of serfs, who would accept a pig for their
representatirc at the bidding of a village despot—(cheers)
—of abandoned Jodases who would sell Christ crucified for

a sixpenee. (Great sensation.)- This is my amwer.
The whole blame of the defeat if., however, placed
to the account of the Rev. Dr. Italy, the pariah

priest, who declined to give Mr. Maguire any coun-
tenance or support.
The Cork Condilutbs says it is understood that
Isaac Butt, F.5q..1.1.C., is about to he invited by the
conservatives of Youghal to offer himself as a candi-
date fin the representation on the first opportunity.
The fee simple estate of Mr. ('harks henry Smith,
of the county of Meath, was sold yesterday in tho
Encumbered' Estates Court. The first lot, produc-
ing 2971. a-year, subject to tithe rent charge and a
nth annuity of lat., was sold for 4,1(N)!., equal to
141 years purchase; the second lot, of the net
annual value of 95!., was sold for I,ltia ; and the
third lot, a tithe rent charge of 1$!. per annum. was
sold for 210!. The estate of Mr. Thomas Hems-
worth, of Abbeyville, in the county of Tipperary,
was next put up. and was sold in lots at rates vary-
ing at about 9. 10, and 12 years' purchase on the pre-
sent letting and estimated value.
At the Nenagh Assizes on Saturday, a man named
William Kenna was convicted for being engaged in
the perpetration of one of the worst casts of agrarian
murder which disgraced the notorious county of Tip-
perm,- last year. The victim was a man named
Thomas Martin, who. with his brother, had got into
possession of some land, the property of Mrs. Lid-
well, from which tenants of the name of Joyce had
been evicted. Two parties of men entered the houses
of the two brothers, at the dawn of day, in October
last, and while one of the brothers escaped with somo
broken bones, the other was dragged out of bed and
murdered in a most brutal manner on the floor. Tho
prisoner, who was not disguised in any way. stood
sentinel at the door while the murder was going on :
but the. jury, in finding hint guilty. added a nem-
mendation to mercy on the ground that when ho
went to the house the intention was only to heat the
man without murdering him.
The Marquis of l)ownshire presided a few days
ago at a meeting in the little town of Edenderry, for
the purpose of establishing a isimpany to work somo
lead unites in the vicinity, where it appears that
valuable metals have been discovered. 'the princi-
ple upon which the company has been formed is, that
one half of the shareholders should be inhabitants of
the locality, and the remaining half Englishmen or
Welshmen. The Dublin Erprils says :—The fea-
ture that particularly characterises this undertaking
is, that the Marquis of Domishire offered to his own
tenants. in the first instance, the sixty-four shares
ordered to be disposed of in Ireland, and they were
all immediately taken up, and the deposits paid.
It has transpired within the last few days that in
a national school in the diocese of Tuam. which was
attended up to a very recent period by .90 poor Ito-
maneatholie children, the number of pupils hadon Sun-
day week suddenly dwindled down to just one-third.
Inquiries were made, and it was awertained front
some of the parents that orders had been promulgated
from the ehapels on the Sunday previous, threaten-
ing all sorts of pa es ins and penalti on the iodies and
souls of such fathers and mothers as would not with-
draw their offspring from all schools in C01111(2d0n
with the national board ; those institutions, as well
as the government colleges, having been solemnly
declared to be • dangerous to the thith and morals
of the rising generation of Romanists. Meanwhile,
the children thus shut out from the benefits of in-
struction are wandering about the hedges and road-
sides. A later communication from the west an-
nounces that the ranks of the pupils have been since
diminished by additional desertions, to the amount
of twenty-eight, and, as no school at which the num-
ber of scholars is less than thirty is entitled to the
government grant for the payment of the teacher,
Dr. M bide will probably soon have the satistlictiou
of sealing the doors of one of the obnoxious schools.

ARDENT DRINKS CONSUMED IN ENGLAND.

It appeal,' from a return just made to au order of
the House of Commons that in the year 1850 we consumed
exactly 2,392,191 stallions more ardent spirits than in 1840,
and 5,i96,744 gallons more than in 1843. The years '42
and '43 are those in which the consumption has been
smallest during the ten years; 1846 that in which
the consumption was largest. The amount of Bri-
tish and coloaial spirits consumed in 1810 was 24,372,298
gallons ; in 1843, 20,968,017 gallons ; in 18.50, 26,764,791.
The year 1846 produced a consumption of 26,790,397
gallons. Between 1816 and 1847 there is a decrease in
favour of the latter, the consumption suddenly falling to
23,968,782. There iv a steady rise after that untit 1850.
The return front which we extract these fi4iires flocs not
include foreign spirits entered fur home consumption. We
find by the Board of Trude returns that the number of
gallons of brandy and Geneva entered in 1818 was 1,633,322
gallons of which Geneva figures in the small proportion of
23,765 gallons; in 1849, 2,214,759 gallons, of which 26,968
Geneva; iu 18.50, 1,889,316, of which 28,273 Geneva. Thus
the consumption for the three years ending 1850 was OM
follows:-1518, 26,822,751 gallons; 1849, 28,216,633; 1860,
28,6.54,107.
The average increase in the amount of spirits consumed
in England Is not ouch us to induce the belief that indi•
vidual consumption is greater than of old. It is a known
fact that the tendency has been hitherto in favour of a
diminution in the consumption, when increase of popula-
tion is taken into account; and the return before us would,
doubtless, carry out the previous rule, were the census re-
turns, now in progress, published.
The return shows that the quantity of spirits distilled
from a mixture of corn and malt is about two-thirds greater
On an average than that of spirits distilled from malt alone.
This is owing to a decided difference visible in the raising
of the duties. Pure malt spirits pay a duty per gallon of
7s. 10d. ; so does also spirit made from corn and malt or
other ingredients hut, m addition to this duty, there is a
duty on malt of Is. 4d. per gallon, which corn does not pay,
which renders pure malt spirit dearer. This pure malt
spirit in England pays a sum of duties amounting to
9s. 21d., whilst that from corn and malt only pays a sum et
duties of 7s. lid.

Briti.h wants from ingredients other than malt and
corn, such as sugar, molasses, and potatoes, are of small
proportion in the general sums.
The duty on colonial spirits is now fis. 2d. per gallon for
England, 4s. fur Scotland, and 3s. for Ireland.

ROYAL ARTILLERY.—WOOLWICH, AIARCII 25.
The following companies have been placed under orders to
hold themselves in readiness to embark fur foreign service:
—Major C. C. Young's company, Bth battalion, for the
Cape of Good Hope, to relieve Major C. 11. Burnaby's
company, ith battalion, at that station since March, 1643;
Captain J. H. Francklyn's No. 1 company of the 10th bat-
talion, and Captain Mitchell's No. 2 company of the 10th
battalion, fur Canada, to relieve Captain G. A. Maud's
company, 9th battalion, at Montreal, and Captain G. Sand-
ham's company, lit battalion, at Kingston, Canada; Capt.
G. F. Beresforirs No. 3 company of the 10th battalion, and
Captain It. F. Crawford's No. 4 company of the 10th bat-
talion, are also under orders to embark, the one for New
Brunswick, to relieve Captain C. J. Dalton's company, lit
battalion, and the other fur Halifax, Nova Scotia, to relieve
Captain F. Dick's company, Ist battalion, at these stations
since August, 184 x.

A (
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tatireins.
Mr. Bethell (with whom was Mr. Gifford), for Met Dice
Seentme, the war, and committee of the premix of tbue :u-
-miak, said there were now three petitions the,
the Ent was by the committee of the person, and had
nand was by
before his lordship on a former oresaioa t
the commitue sal the • st ate of the lunatilel;e
of
_the third
was a supplemental petition, by the committee the pen",
All the petitions had for their boe: to obtain an order. us
remeM of new allotted shares in several railways, w
had been accepted by the trustees of the settlements made on
the reeerteg,• et me.. and Mrs. Dyer Sombre. Them were two
such settle ma fir
le in septembre, I. One provided or
an iavestnent of 133.6001. of the buebandsproperty, upon the
trusts therein mentiened, being a pmvision fur ?Ire. Dyer
Sombre, if she survii ed, and for the eldest child of. the
marriage. The second settlement, made at the same time,
directed the investment of 20,0001., upon trust, for the
younger children. There was a large number of trustees
appointed for both settlement'', and in each of them power
1141•1 given
o to the trustees to vest part of the trust fund+ in
railway shares. with content in writing of Mr. and Mrs.
'nee Sombre. The trustees accordingly, in exercise of that
power, purchased shares in the London and Birmingham
Railway, in the (Amid Junetion Railway, and in the Great
Western Railway. These purchases were all made beton
the lunacy of Mr. Dyer Sombre, and with the proper
consent of him and leis wife. No question now arose
on those shares. But his lordship was aware that,
in consequence of the numerous branch lines and ex-
tensions of the several railways, additional capital be-
came nom-wary, and that was raised by the creation of ad-
ditional shares, which were allotted to the existing share-
holders in certain proportions, with an option to them to
as.erspt or reject them. There was no provision in the set-
tlements of Mr. and Mrs. Dyer Sombre for payment of
calls on thns• new there§ so allotted, and which were
accepted by the trustees. The lunacy happened, and there
being no means of paying up the calls that were made on
the new share., the trustee+ of the aitUcment and com-
mittee of the person applied by petition to the Lord
Chancellor, and obtained an order in December,
184-5,
for leave to Ell the new allotted shares. They might'
then certainly be sold at great advantage to the es-
tate of the lunatic. The trustees were diepened in
different part. of Europe, some being an Italy.
sum,' in Germany, some in Scotland, so that the powers of
attorney sent to them to be executed in order to authorise
those who were At home to sell the shares were not returned
until late in 1104. Railway shares had then fallen in the
market, cad it was deemed eater not to sell at that time.
Other new shares in the same lines of railway have been
since allotted. The order of December, 184.3, was confined
v, the new bean, previuuelLa,lllotted, and no provision wee
made in role t of thine su uently allotted. About that
time the application to set aside the commission came be-
fore the court, and no further application was made re-
specting these newly allotted shares. The tolls. On
them were mole by the different companies on pain
of forfeiture, and In. Dyer Sombre and the true-
tees prefernsl to pay the calls. She has paid in
repast of these calla usenet sum., altogether amounting to
3.9,101. 13s. 151. The committee of the estate hoe advanced
4,17141. Is. 3sl. The railway companies have retained
dividend, 4,11 the new «Ilan amnunting to 4.5601., for
payment of cell., and there is about 001. due to them fur
interest on unpaid calls. These were irregular proceedings
altogether, and there was no provision made for them in
the settlements, nor by orders of the court. It was nec, s-
ury fur all panics to retrace their steps; and the question
now before his lordship on these petitions wee, what course
ought to In' adopted, There were two obvious courses, by
either of Wi414.11 tic' lunatic's estate would he a gainer, one
wee by selling so touch of the railway stock, the old
thaws belonging to the lunatic, and with the proceeds to
pay the sums advanced, as now stated, by the committees
to the person and of the estate, and also to pay all
the unpaid calls on the new Idlottood char... That course
would liberate the dividends on all the remaining shares
end the railway stork belonging to the lunatic's estate
would be larger than it was befere the new allotments. The
other course was to sell out all the new allotted shares,
whirl,, according to calculation made, would produce
Its.ol'ool. 17s. lief. Out of that sum, after paying the ail.
1:1110.16 made by the committee of the morson and by the
committee of the ..state, or the trustees, out of the trust
binds, and after paying the amount now due for calls,
alsout ti,tlolll., with the interest oof rat thereon, there
would remain about 3,11001. to be elided to the trust funds.
The dividends on the old shares would also he
then liberated, awl received regularly My the com-
mittee of the . state or trustees, eo that the
lunatic's estate weadil he by either course richer
than it wan before the new shares were allotted. Before
the new shares be sokl or transferred to the pur-
chaser, all the calls on them must he paid up, and that
would require a present advouire of about 5,110111., which, if
token out of the estate, would be ensue good to it out of the
proceed. of the site. Ile believed all the parties preferred
the first of the two cours.a.—that is, the retaining the new
shares, and a Mug out part of the railway stock for the
payments. The amount of dividend. ..mid be thereby
much increased. The questbon to be deckled by his lordship
was, which CIIIMIC should he adopted.
I he petit il/114 of the committee of the person preyed either
alternative.
The Lord Chancellor asked if any counsel appeared
fur the trustees.
Mr Bethel! mid the y were not necessary parties, and they
were not served to ith the petitions
Mr. J. Parker said he and Mr. F. Moore appeared
for the neat of kin fur the lunatic, just to watch the pro-

HOME CIRCUIT.—MAIDsToNE, MARCh 23.
s...—Haroas Sla. DIMON PAhlt.
The learned judge was occupied during the whole of
Monday in disposing of a number of indictments for bur-
glary and receiving stolen property at Chetham.
The parties accused were James Clarke, 34, James
Thomas, 31, and George Turner, 30, who were charged es
principals in several burglardss, and Thomas Wilson, 3S,
Harriet Wagon, 50, mud Hannah Summers, 34, charged
in all the indictments with haling feloniously received the
property, knowing it to have been stolen.
the charges were clearly brought home to the par-
ties, with the exception of Summers, by the evidence of
Turner, who was admitted to give evidence for the crown,
and by other independent testimony; and, from the state-
ment made by him, it appeared that he and Clarke and
Thomas, and some other men, had committed a great many
burglaries in the neighbourhood of Chetham; and it would
seem that the other prisoners, Thomas and Harriet Wilson,
who kept a low public-house at Chetham, called The
Cannon, were the ready receivers of the stolen property.
The prisoner Summers was a servant in the house ; and it
appeared that she had purchased a portion of the articles
that had been stolen, but it was doubtful whether she had
done this of her own accord or under the authority of her
master and mistress.
The jury eventually found the prisoners, Clarke and
Thomas, and both the Wilsons, Guilty, and acquitted
Summers.
The learned judge sentenced Clarke and Thomas to be
transported fur life, and Thomas Wilson and Harriet Wil-
son to be transported for 14 years.
The accomplice, Turner, who had pleaded guilty to
another charge of felony, was sentenced to be imprisoned
and kept to hard labour for sit months.
These eases occupied the court the whole of the day, and
were not finished until very late, and they concluded the
business of the wires.

MIDLAND CIIICUIT.—WARWICIC, MARCH 28.
Boos. Mt BMWS ALDSIUON asp a SPIKIAL AMT.
SPROWTON C. DAYIES.-1.71.110L01N0 TIDE DIGNITY OP A
COI: 11Y.
This was as action of false imprisonment, to which the
defendant had pleaded " Not guilty," and, by way of justiti-
cation, that he was coroner of Birmingham, and had ordered
the plaintiff to be imprisoned for contempt of his court
during the holding of an inquest.
Mr. tlacaulay, Q.C., and Mr. Mellor appeared for the
plaintiff ; Mr. Ilumfrey, Q.C., and Mr. Hayes for the de-
fendant.
The plaintiff is a surgeon and general medical practi-
tioner at Birmingham, and the defendant is a physician
' there as well as coroner for the borough. The present ac-
tion arose out of the proceedings at an inquest held on the
18th of October, 1849, upon the body of one Abraham Bul-
Lows, who had died of cholera, at which the plain-
tiff, who was the medical attendant of the de-
ceased, was examined as a witness ; the foreman
of the jury was now called to prove what took
place
,on that occasion. Ile stated that the coroner
first asked the plaintiff, " At what time did you first see the
j deceased ? " lo which the plaintiff answered "Between
112 and 1." The coroner then said, " When next?" To
'which the reply was " Between 5 and 6." In answer to
another question a+ to when he nest saw the deceased, the
plaintiff replied, "It may be half-past 12 or 1." Where-
upon the coroner said, " That will not do, Sir. I must
have a definite answer. If you have any doubts you must
say, about,—" The plaintiff replied "Theo say. about, sir ;
but I believe it was between 12 and 1." Donor this col-
loquy the plaintiff had been sitting rather behind the
coroner, who then said " Come from behind me, sir, and
take that chair in front of me and look me in the face and
answer my questions in a becoming manner." The plain-
tiff took the chair in front, and ,laid, " Sir, I have endea-
voured to answer your questions in a becoming manner."
The coroner said, " 1 won't be spoken to in that way;"
and the plaintiff answered, " I have treated you as a
gentleman, and expect the same treatment in return."
net examination of the plaintiff was then confirmed,
dad at the end of it the coroner rose and eeveredp
reprimanded the plaintiff. Ile said, " I have been hee :
Majesty's coroner for 10 years, and was never so insulted'
before. As supreme judge of this court—(laughter)-1
will uphold the dignity of the court. Now, sir, leave the
jroom; go; be gone"' (Laughter.) The plaintiff was üboutto
leave the room, but as he was going he said to the coroner, j
" You shell hear from me, sir, in another way.; " upon which
I the coroner called out, " o you threaten me in the elevation
of my duty ? Come back, sir." The plaintiff came back,
and then •
the coroner said, "You hold out threats against
' me." The plaintiff replied, " I hold out no threat, but
you shall hear from me in another way." The coroner
j then said he would commit him ante.+ he retracted or
apologised ; but the plaintiff refused, adding, "What I have
said I reiterate." The coroner then said toe policeman of
the name of Lung, who was in attendance, " fake him to
Moor-street." In Moor-street the prison is situated, in
which at that time all persons were detained who were await-
ing
removal to the county goal at Warwick. Long, however,
instead of taking the plaintiff to Moor-street, took him to
the police-station in New-street, rind the inspector at that
police station, when he was told for what cause the plaintiff
had been brought there, sent to the coroner to request that
he would come and prefer a charge, as otherwise he could
not detain the plaintiff. The coroner refused to go or to
sign the charge sheet, which described the plaintiff's offence
as contempt of court; but he sent word to the inspector
that the plaintiff must be detained, and that if the officer'
discharged him it would be at his peril. Ile also stated
that the charge was quite right. The reading of the charge
sheet caused no little amusement. It was divided into
columns with separate headings; under the heading "Wit-
nesses," was written " by order of the coroner ;" and under
the bead "Offence proved," was written the word, " llis-
j charged." The learned judge suggested that it was a cu-
riosity worthy of the Great Exposition. (Laughter.) The
plaintiff was taken to the police station at 10 minutes past
II in the evening, and at 10 minutes past 11 let out on bail
to appear before the magistrate next morning. On the fol-
lowing morning he did attend in the magistrate's room, and
the only magistrate present was the defendant. Upon
liking his scat at the table he said, " I take my scat here
to-day as coroner, and not as magistrate." Ile then turned
to a policeman and said, " Put up W. Henry Sprioton."
The plaintiff stood up, and his attorney then endeavoured
to address the defendant, but he would not hear him. Ile
called upon the plaintiff to retract or apologise, but the
plaintiff rs fused to do so ; and then the defendant suddenly
said, " The case is dismissed."
For the imprisonment of the plaintiff tinder the circum-
stances above-described the present action was brought. A
question was raised on the pleadings, whether the coroner
had a right to commit as coroner fur contempt. The
learned judge decided he had, reserving leave to Mr.
Macaulay to move.
The jury found a verdict for the plaintiff—damages 10/.
for the imprisonment at the police station, in New-street,
and at the magistrate's office, and Is. for the imprisonment
-^ng the inquest.

The bankrupt added, that when Alderman Harmer
accepted bills they were drawn by his creditors.
He at first commenced building in • very small way. Mr.
John Smith, one of the investment company on Harmer
and Peacock's estate, was the first whom he dealt with.
lie never built for other people. His transactions with
Alderman Harmer commenced in 1846 ; he was now a
creditor for 13,0001. odd. The money was first advanced
under un agreement by which he was to advance two-
thirds of the value. Tho first advance was 3,0004. Had
sold some of the hooves. In addition to his claims on the
railway company, Harmer and Peacock had claimed and
recovered ri,taaol. as the freeholders. The award in his
favour was made in November, 1848 ; it was made a rule
of court at bankrupt's expense. Mr. Coombes, who was
solicitor to the railway company, was solicitor to the peti-
tioning creditor and the assignees, and also to Mr. Alder-
man Hamer. The accountant he had first employed had
gone assay above a twelvemonth ago, taking his papers
with him.
Mr. Linklater submitted that Mr. Alderman llarmer had
made his advances with a full knowledge of the bankrupt's
means. Mr, llarmer had built very extensively at Gravesend;
many streets had sprung up in canoequence, and the town
was much indebted to him. The bankrupt was one of the
persons whom he had taken under his protection. Though
the bankrupt had begun without capital, in 1846 he had
1,5001.; and, had he had the opportunity of realising his
property to advantage, he would have been a successful
man. Had he even obtained the 1,6001. paid by the rail-
way company, it would have gone • long way towards pay-
ing the unsecured creditors. But in stepped Mr. Alderman
Harmer, and put his paw upon the whole, though he had
been at no expense in the award, and had himself received
6,111.0. compensation for the freehold. The consequence
was, the company were obliged to filo • bill, and an order
bad been male in favour of Alderman Harmer, who there-
upon procured Stephens to be made bankrupt. Mr. Downes,
the petitioning creditor, had never appeared to prove his
debt, and the bankrupt &Med that he was a creditor at all.
Mr. Cobham, one of the trade assignees, hail arrested the
bankrupt, hut he had been. almost immediately discharged
by order of the court. The assignees had opposed him
strongly on his last esaminution, evidently for this reason,
that he was a thorn in the side of Mr. Alderman
Hamar. They hail consented to the girder in Chancery for
Mr. Harmer to take 1,101.11., and Mr. Coombes, the sulicitor
fora judgment creditor, 1001., out of the 1,6001. awarded
from the railway company; and this had been dune with-
out the consent of the official assignee. The bankrupt hail
protested against the order, and was appealing against it in
!anti pauperia. There aas no good ground of opposition
in this case; the expenditure was below the profits; the
ease hail been before the court above two years ; and he
was entitled to • firat-class certificate.
Ilia Honour said this woo one of the cases where the
process of this court had been put in motion fur objects
altogether alien to those for which it was intended—the
equal and early distribution of assets amongst the creditors
generally. Here the rase had commenced in a very sin-
gular manner; the petitioning creditor, after swearing to
his debt, had not come forward to prove it—no good evi-
dence of the bona fides of the fiat. The solicitors repre-
senting him were the same as represented the assignees.
Suspicion also rested on the act of bankruptcy—a denial to
• person who might not turn out to be a creditor. However,
the bankrupt hail not disputed the adjudication as he might
have done at the time. The next singular circumstance
was, that the two trade assignees had not proved their
debts; in fart. only 300/. altogether had been proved under
the estate. It was nut necessary that an assignee should
be • creditor ; the creditors might, if they chose, select some
one who was not a creditor. The bankrupt had set with
great misfortunes; he had had ill health; his accountant
to whom he had entrusted his books and papers had al>.
mondial, and only some portion of the accounts had been
recovered; and hewing to the death of the late Mr. Tur-
quand, the original official maignee, some of his books had
been lost. The bankrupt ought not to suffer for these to
The CAM' had been in the court above two years.
This man had evidently been a puppet in the hands of other
people, who thought it would he profitable to 'peculate in
Gad . There was nothing to impeach his honesty for a
moment. He had been employed by Mr. Alderman Harmer,
who looked over his wage:, book; and there was not a
single fact which impugned his integrity. lle had been
made bankrupt to suit the convenience of Mr. Alderman
Harmer, that he might not interfere in the suit in equity.
The opposition had been one for a different object from
what it professed ; it was evidently with a view to some
proceedings in another court. The bankrupt was, there-
fore, eolithd to an immediate certificate. His failure had
not wholly arisen from unavoidable losses, but it had been
partly su iierasioned. The fact of Mr. Alderman Harmer
hiving by for so long, letting the bankrupt fight the battle
with the railway company, and then stepping in and claim-
ing the compensation as ground landlord, was a circum-
stance over which the hankrupt had no control. He should,
therefore, award him an immediate certificate of the second
class.

tonnage.
Mr. Lloyd, for the committee of the estate, suggested
that it would he right to refer the matters to the Master in
Lunacy, to inquire and n-port on all three romplicati il mat-
ten before an, order way made Ily the vile of the new
shares the pna kion fur the younocr children would he
diminished, the investment out of the settlement on them
being in the timid Western Railway only, whilst the set-
tlement fur the itch Yt child would is a gainer, the
invest-
ments out id that being in the Grind Junction and London
and Birmingham (now London and North Western). Had
the trwiteis of the settlements acted upon the order that
was obtained Ity them iu December, 134. i, both settlements
would hate gained.
The Lord l'ltaiwellor said the matter came before hint in
• very uneansfactory manner. The trustees were not
brought before the court. The order of December,
was obtained by them, hut they did not act
on it ; yet he was eked in their absence to
make an order which would be for their protection. There
were many distinct matters brought before him by thine
petitions for his consideration. It uppeared that the
newly-allotted share. were all accepted by the trusters,
Mrs. Dyee Sambre amenting, and paying part of the calls
theme. Ilia lonlship's duty was to look to the interest of
the lunatic. 'f he committee of the proem and the trustees
joined, on applying for the order of ISt:. to enable them to
ecU some of the new allotted .tease allotted before that
time. That order, though not acted on, was still in force.
'fbey bad, it went., sold out some of the .hares in October,
11148. The shares then fell in value, and became a toeing
morns. Ile 00, asked now to deal with the order of 1845,
in the absence of the trustees who obtained it, and
acted only on part of it. Then, was no rewen given
by them fur not hating carried out the order of 1145, and
be was asked to male an siklitional order. Ile felt very
greet diiculty is the matter—could not see his way
through the matter—and he certainly was not disposed to
make the second order so now rotted for, as applying to
these shares to which the order of IBIS was applicable. Ile
bad not materials in the absence of the trustees to make
such order. The case came before him in a doubtful shape,
bat he had no objection to make an order of reference to
the Master to inquire whether it was for the interest of
the Innatiethat the conee now proposed should be adopted.
Ills lordship said be would write out the order, and it would
be handed unto the solicitors of the motes.

NORTHERN CIRCUIT.—LwritrooL, MARCH 25.
The commisaion of the Lancashire spring assizes for the
southern division was opened at Liverpool on Monday even-
ing. The judges, Mr. Justice Creswell and Mr. Baron
Platt, arrived by railway from Lancaster at half-past live
o'clock, and immediately proceeded to the crown court,
when the commission was opens d in the usual form, and
the court adjourned till half-past 11 on Tuesday morning.
The high sheriff, Thomas Percival Heywood, with a nume-
rous retinue, and the usual officers connected with the
court, met the judges at the railway station, and walked in
procession to the court. On Tuesday morning, at 10
o'clock, their lordships attended divine service at St.
George's church, where a sermon was preached by the
Rev. Mr. Sumner, immediately after which the courts were
opened.
Mr. Justice Creswell charged the grand jury. He said
it grieved him to have to give them in charge such a fear-
ful list of crime as that now before him—but two months
had elapsed since the sessions, yet there we-re two charges
of murder, seven of forgery, and a long catalogue of other
grave and heinous offences.
Pura—bm,xx Its RAYON Purr,
LAW r. RAWSON.—ACCIDENT THROUGH NAPHTHA.
The plaintiff in this case is Mr. David Law, and the de-
fendant Mr. Henry Dawson.
Mr. Serjeant Wilkins stated the ease, from which it ap-
peared that the plaintiff, Mr. Law, was a hale old man,
although nearly seventy-five years of age, and the de-
fendant, Mr. Rawson, is one of the firm of Johnson and
Rawson, extensive stationers, of Manchester. For some
years Jest it had been the custom of the directors of
INSOLVENT DEBTORS' COURT.—YeirrEttoar.
Suet. Ma. Couertssiosza Law.
the Mechanics Institution at Manchester, at the fes-
IN RE THOMAS WALLIS.—JUDGMENT. tive name of Christmas, to furnish an annual entertain-
This ea.,, which had hesh mare the court an several meat to the inhabitants of the town, the proceeds
occasions, was now concluded. Mr. Nichols opposed for arising from the admission to which went towards de-
some creditors, and Mr. Cooke, with whom was Mr. Ser. fraying the current expenses of the institution. For
good, supported. this purpose, for the last few seasons they had engaged
The insolvent was • tailor, outfitter, and woollen- the use of the Free-trade Hall. Amongst other sources
draper in Tichborne-strect, Haymarket. His present of entertainment, there was given a representation of the
debts were abont 2.600/., including a debt of 1,0001. old Christmas festivities, and during this pageant persons
to his two sisters, and there was no tangible came in bearing the yule log, then barons of beef, &c., and
property for the creditors, the sisters having swept the type of a large plum-pudding, which wits borne into the
awn the whole under a warrant of attorney. He was • room enveloped in dame. 1. mil the occasion on which the
in 1547 for about 10,0001., and obtained his cern- accident occurred spirits of wine had always keen used for
&este in February, 1848. He began business in High- the purpose, but immediately before the ceremony took
street, Borough, and afterwards removed to Tichborne- place it was found that no spirits of wine had been obtained
street. His sisters, who were hosiers in Whitechapel, made for the purpose; and Mr. Dawson, the defendant, who was
COURT OF BANKRUPTCY.—YESTERDAT. him advances, and he gave them a warrant of attorney. tea of the directors on the occasion, said he would go and
nrroas Ms. einnowesura (Imams. lte went on dealing with his creditors (who wen not made # get something which would do quite as well. He then
Ix Re STIPHEIGE—CAEL GT A Dru mm. acquainted with the warrant of attorney), and, in Asian I went and rocureil • bottle of naphtha, a portion of which
This was the adjourned certificate nutting in the ease of last, the security was enforced, and the property realised, be told the property-man to pour un ihe pudding and set
Charles Stephens, described as a builder, of Milton, 606/.. which they obtaiucd. and the other creditors nothing, ' Are to it. This was accordingly dune, but the man said
awe Gravesend. The balance-sheet, prepared by Mr. having refused an offer of 2s. fid. in the pound. The sisters !he did not like the effect produced ; it was nut sufficient ;
Neil, of Basinghallistreet, extended from the Ist of March were still creditors for a large amount in the schedule. and he asked Mr. Rawson if he should follow the procession
to the 29th of December 1:48. The bankrupt owed Mr. Commissicoser Law, in giving judgment, reviewed the I and a civionally pour • portion of the liquid on the lighted
2,3111. to unsecured creditors, and 21,6291. to creditors principal facts. He considered it an unfair course for a I pudding. To this Mr. Howson assented, and immediately
=security. The property thus held was put down at person who had given a warrant of attorney to his Mo'ate , upon the man pouring the uspktha upon the blazing sub-
The profits were estimated at 5,0001.; rents, to go on dealing with persons who were ignorant of the sir- stance, a frightful explosion took place, and an immense
TM& • the expenses had been 4.233/. He had begun with cumstmsee, knowing that at any time they could sweep off dame shot forth like a dash of lightning. Several persons
• am& of 14110/. Of the mortgaged property 14,9001. I all of the goods supplied by hie creditors. The insolvent I were seriously injured, and amongst them it was discovered
was ly Mr. Alderman Harmer, as security for advances " had an experience in bankruptcy when he failed for I that Mr. Law was most frightfully burnt, and in come-
ts the Icaskrapt of 14,0001. 10,0001., and had sinew traded with a warrant of attorney queue lie suffered the most excruciating agony. He was
Mr. Linklatarterted the bankrupt. over his head, which at any time could take all the I conveyed home and placed in bed, and fur several weeks lay
alelreirer for creditors. Be said the baaloupt, property There was no doubt that debts contracted in a most precarious state ;he had lost the vision of ono eye,
a had Mend MU Tory kip bodying two oe three months of the dull= wars cow. and*. mbar was materially impaired; and from hoeing

111.1.11C1i 23.
Bon VICSCItANCIO.I.OII Eros? BUM
Yt OVIIDLI 131111WVKY etiNr•Ny.—CROXION'II CASE.—
. _

----
Wtmorsa-er AcTs.
Mr. Juan Parker and Mr. Ilislop Clarke moved by way
of appeal from the derision of the master that the appellant e
name might be removed from the list ofeontributorics to the
shove company. By the 13th article of the deed of settle-
ment of the company, persons ceasing to be members were
exempted (us between themselves and the other member.)
from all liability from the time when they so ceased to be
members, except as regarded any sums which they were
liable to pay by reason of any forfeiture. The 34th article
oaadaired other regulations under which it was contended
the appellant was liable to be placed upon the list. In sup-
poet of the appeal " Sutton's case" (14 Jurist, 967). and
" Sanderson's ease" ( 3 De Oes and Smile, 66), were cited.
Mr. boson NA Mr. Roxburgh, for the official manager,
the motion.
"itiorChoneellor maid he thought, and that probably
this Master had thought that, indersndtntly of the 34th
dams, there was no question at all in the case. The lan-
es!! of the deed was clear. independent', of that clause.
span the conetruction of the 34th clause, if persons
w am each language as was used in that provision, it
Milli not be mutter-
of surprise that did-rent minds should
thin in their interpretation of it. It so happened that the
interrelation his Honour put upon it was not that which
the Moran had put upon it. As his Honour read the deed,
the 34th clause ought to be construed in accordance with
the Illth and so as not to contradict the 13th. The term
"liability," in his Honour's opinioo, ought to be construed
with reference to the 13th clause, and with reference to the
words " pessalty•' and "forfeiture" which preceded it in
the :Seth clause. Ile was of opinion. therefore, that the ap-
pellant's name could not stand un the lust. The crate must
come out of the estate.

been, for kis yoga, a facet remarkably healthy and strong
man, of great Wily activitty and mental intelligence, he
had been rendeval quite a different character by reason of
the aveident.
Mr. Knowles submitted that there had been no case
made out against the defendant Rawson. There was the
relation of servant and master existing between the person
who had accidentally injured the plaintiff and the defend- I
ant. Where two people were quite independent of each
other, and one suggested a course of proceeding which the
other assented to, as in the present instance, the party
sugte:rn eketirgwas not amenable for the act of the prime
The Judge intimated his belief that this point possessed
'wee, but requested Mr. Knowles to address the3ury on
the subject of damages, reserving the point in case of the
verdict being adverse to the defendant.
The jury, however, found a verdict for the defendant.
MARCH 26.
CEOWN 011,1T—Ht.FORE Ma. .11.1,11 CR Ci.PAPWZT.L.
WHOLESALE UTTERING OP FORGED BANK NOTES.
Joshua Butterworth was indicted for having at Rochdale
knowingly uttered several Bank of England notes, which
were forgeries, and purporting to be' of the value of 101.
mid Si. respectively. From the evidence, which was both
somplicated and voluminous, the following affords an in-
' telligible narrative of the facts of the case.
Butterworth resided at Rochdale, and wait considered to
hold a respectable position there. On the 20th of February
he went to Mr. Hooton, of the Newmarket Tavern, by
whom he was known, and procured change for a )01. note.
Mr. llooton kept this note for two days, and eventually
passed it to Mr. Horrocks, a traveller, who took the num,
ber of the note ; but on attempting to pass it discovered it '
to be forged, and accordingly returned it to Mr. Houton,
who eveutually got two 51. notes in exchange for it from
the prisoner. 1 his was about 5 or 6 o'clock in the evening
of the 20th ult. and as soon as the prisoner had left
Hooton's, he proceeded to another tavern in Rochdale,
kept by a Mr. Eccles, and there procured change for the
identical 101. note that he had just taken hack from
Hooton, by whom he was told it was not genuine. From
Eccles he received 10 sovereigns, and thereupon returned to
Hooton, and offered to give him gold for the two 5/. notes.
Suspecting there was something wrong, Hooton took the
geld, and gave the prisoner back his notes, but sent imme-
diately for an officer and gave Tim into miatody. On
being searched, and the notes found on him examined,
they proved to be forgeries, as of course was the 101. note
he had that evening passed to Eccles, and also one for 61.
previously cashed for him by that person, and who had
not parted with it Soon after his apprehension the pri-
soner made a statement which led to suspicion attaching
itself to another party in Rochdale named Whittles. But-
terworth denied in that statement all knowledge of the
notes being bad, but said he had procured them from a
person named Parker to help him (prisoner) out of a diffi-
culty ; they were partly for himself and partly for Whittles.
Upon this revelation Whittles was taken into custody, and
in his pocket-book were found ten forged 101. notes and
thirty-five forged 51. notes, the latter being all from the
Name plate as the three traced to the possession of the pri-
*Quer. So well were these notes executed that several
parties to whom they were shown gave it as their opinion
that the notes were genuine.
I Mr. Howarth, an engraver, deposed to having gone with
Mr. Hooton to the prisouer'shouse, relative to the 10!. note'
that had been returned by llorrocks as a forgery. On that
occasion the prisoner produced two 51. notes, which witness
asked permission to take to the railway station for examina-
tion. This being acceded to by the prisoner, witness went
there ; and, on the opinion of Mr. Fletcher and others, that
the notes were genuine, he returned to the prisoner's house,
and they w. re taken by Mr. Heaton in exchange for the
forged 101. note.
'I he statement made by the prisoner to the superinten-
dent of police was here put in and read. In that statement
he distinctly admitted that he hail dealt in forged notes
with both Parker and Whittles; but the prisoner now de-
clared that he had never read over that document ; charged
the superintendent with having put down a veryffe dirent
statement to what he really did make ; and persisted that
he did not know the notes were forgeries.
Mr. Justice Cresswell having summed up the evidence
the prisoner was immediately found Guaky.—Sentence
deferred.
John {Minks, the person referred to in the foregoing
trial, pleaded Guilty.—Sentence also deferred.