The Express.
London, England, 1853-11-03 00:00:00

11111461 111 SAMCO.--111.70111 LO %0 CAMPIALL AND Jusincies COLE.

LDG WltilffilLN, •an arts.

This being the first day of Michaelmas term their lord-
ships, having partaken of breakfast with the Lord Chan-
cellor, arrived at Westminster Hall, and took their seats on
the bench shortly after two o'clock.

NEW QUERN'S COUNSEL.
The following ►earned gentlemen were called within the
bar, and Wok their seats as Queen's counsel accordingly :
Mr. Temple, Mr. Edward James, Mr. M. Smith, and Mr.
Grove.

IN Ni EOGINTON.—AN •NREST ON • SCNDAT.
In this cage a writ of habeas corpus had been issued by
Mr. Justice Crompton directing the keeper of Stafford Gaol
to bring up the body of one Egginton in order that he
might be discharged, on tho ground that he bad been ille-
gally arrested, as he h.d been taken on a Sunday. The
gaoler, in his return, stated that after the prisoner's arrest
• second warrant tied been issued by the justices of Lich-
field, under which be was now detained.
Mr. Gray contended that the return was no answer to
the writ, as the gaoler could not take advantage of the
illegal custody of the prisoner.
Mr. Pliable'', in support of the return, submitted that as
the prisoner had been arrested and kept in custody in con-
sequence of his alleged illegal detention of certain books
and papers, the charge against him was of a criminal and
not of • civil nature, and he was therefore not privileged
from arrest on a Sunday:,
Mr. Cole, on the part of the town council of Lichfield,
which had instituted the proceedings against the prisoner,
also supported the return.
Lord Campbell was of opinion that the prisoner ought to
he discharged, on the ground that the commitment was not
for any indictable offence, and therefore the warrant under
which he was arrested ought not to have been executed on
a Sunday. It necessarily followed that the detention under
the second warrant was illegal, the arrest under the first
warrant having been illegal.
The other learned judges having concurred,
The rule for • habeas corpus was made absolute.

COURT OF COMMON PLEAS.-YEBTERDAY.
13171XG11 DI WC*.- SIMILE CUM Jornes IMICZ
JULIA, MS. JUITICK WILLUIP. AID JL JCRICI SALM:MD.
THZ FIRBT DAY OF TERM.

Their lordships to-day took their seats upon the bench
about two o'clock, they haying Bret, according to custom,
breakfasted with the Lord Chancellor.
The following gentlemen, Mr. Temple, Mr. Edward
James, Mr. Montague Smith, and Mr. Grote, were Galled
within the bar, they having been appointed Queen's
counsel ; and the court, after hearing a few motions of an
uninteresting character, adjourned.

COURT OF EXCHEQUER—Iran :RDA.
11771110111 IS BANCO.-11110111 TRZ LORD COIL/ RASO% MIL 1.1101
mix, ML BARON ALIARRIPDX. AND 11/4 RAM O PLAIT.

ASHMORE V. CARTII9.IOItT.-11LAYDWIL
This was an action for some alleged slanderous expres-
sions used by the defendant towards the plaintiff, who was
&jockey. It appeared that the plaintiff was about to ride a
horse at the Newmarket races, the year before lut, but the
hone was taken ill and could not run, and the plaintiff
was charged by the defendant with having poisoned the
animal, to prevent his running. Notice of trial was
given for the last assizes for the County of Surrey, but it
was subsequently countermanded.
Mr. E. James now applied, on behalf of the defendant,
for a rule to change the venue to London or Middlesex, as the
defendant was anxious that the action should be tried,
and be would be prepared to pay any extra expense which
might be incurred.
Rule nisi.

COURT OF

re•YEeTEILDAT.

1117014 ILL

This was the certificate meeting in the case of W. H.
Adams, woollen draper, of St. John's-street-road. The
bankrupt commenced, on the 25th October, 1851, with no
capital, but owing nothing as he alleged; he now owed to
creditors, 1,8641. ; liabilities, 3171. ; assets about 4001. His
profits had been 2021.; losses, 1151.; trade expenses, 5201. ;
rent, &e.,1271. ; discount and interest, 1641. ; domestic and
personal expenses, 1971.
Hr. A. Turner opposed, for one of the assignees, on tho
ground of reckless trading. The bankrupt had begun with-
out any capital, and was a mere adventurer. The assets
had not realised more than 3301. While his profits did not
exceed 5 per cent. on his sales (they ought to have been from
10 to 16), his expenses were nearly five times the amount of
profits. On commencing busineu he had entered into a
secret partnership with Mr. Berton, • manufacturer, of
Huddersfield—a circumstanco which was not known to the
assignees till after the accounts were filed. The result was
Mr. Burton had proved for 2341., and the creditors, being
in ignorance of his position, he had been appointed one of
the trade assignees. The only course would be for an ap-
plication to be made to expunge hie proof.
His Honour said that it did not seem that the bankrupt
had committed any actual fraud ; and he thought the
justice of the cue would be satisfied, taking rather a
lenient view of it, with a third class certificate, after •
suspension of eighteen months from the date of the
last examination. Had the cue been one of sending goods
away immediately, he should have refused protection, but
as there was no actual fraud, and as the forced sales did
not appear to be of that reckless character, he would grant
protection.
Mr. Turner asked that it might be for three months only,
and then to be renewed if cause were not shown to the con-
trary /
Mr. Lawrence consented, and the order was made ac-
cordingly.
IN ILE JOHNSON.—CASE OP AN EAST INDIA MERCHANT.

This was the certificate meeting in the case of John
Johnson, merchant, of Great Winchester•street. The ac-
counts extended over 2 years and 2 months, commencing on
the 21st of March, 1851, with a capital of 6,786/. He now
owed to unsecured creditors 12,4031. ; to those holding se-
curity, 2001. The suits consi,ted of 8741. in property and
good debts. The trade expenses were put down 2,0981. ;
law charges, 3071 ; household do., 1,6391. ; losses, 12,5341.,
which large sum was accounted for as follows : on contracts
and charter parties, 6,4321. ; on the trading, 3,6011.; by
bad debts, 2,5001.
Mr. Stansfeld, the official assignee, reported that the
books had been well kept. The capital with which the
bankrupt commenced his account was perfectly vouched,
as were also the losses and expenses. Through the very
active and strenuous exertions of the bankrupt, assets
amounting to 6001. had been and would be realised, which,
owing to the peculiar nature of the transaction, would
otherwise have been lost to the estate.

Mr. Lawrence said this was a case in which the bank-
ruptcy had arisen wholly from unavoidable losses and mis-
fortunes, and there was no opposition either by the
assignees or by any creditor.
The Commissioner granted a first-clue certigcata.

INSOLVENT DEBTORS' COURT.—YzamDAT.

CRNTRAL CRIMINAL COURT.

This court held a special sitting yesterday, for the pur-
pose of tiling the days for holding the sessions for the
t.velve months neat ensuing, and for any other business
that might have remained andispoeed of.
At eleven o'clock the Right lion. the Lord Mayor entered
the court, accompanied by the following learned judges :
—Mr. Baron Alderson, Mr. Justice Maule, Mr. Justice
Wightutan, Mr. Justice Creswell, Mr. Justice Erle, Mr.
Baron Platt, Mr. Justiee Williams, Mr. Justice Talfourd,
and Mr. Justice Crompton.
Mr. Clerk, when the court had bun formally opened, said
that their Lordships had been pleased to appoint the follow-
ing days for holding _the sessions for the ensuing year :
I.3s3.—Monday, Nov. 23 ; Monday, Dec. 12.
1854.—Mondays, Jan. 2, 30; Monday, Feb. 27 ; Mon-
day, April 3; Monday, May 8; Monday, June 12 ; Mon-
day, July 3 ; Monday, August 14 ; Monday, Sept. 18 ;
Monday, Oct. 23.
Their lordships having inquired of Mr. Clerk whether
there wu any other brain's to be disposed of, and received
an answer in the negative, the court adjourned to Monday,
N 23.

MIDDLESEX SESSIONS.—YEsTERDAT.

AVDON AT

Erlima William Gilbert, 47, was indicted for fraudu-
lently obtainian from Henry Baker the sum of 21. 125.,
withintent to cheat him thereof.

Mr. Metcalfe prosecuted; Mr. Torr appeared for the de-
fence. _ . _ _

The prisoner was found Guilty of the offence charged
against him.
It appeared that he was one of that class of persons who
live by victimising those whose troubles or misfortunes may
bring them to police or county courts, by assuming the
character of professional men, and extorting money from
dam by representing that they would place their services
r.t their disposal. The prosecutor was a publican, and had
been sued far a debt of 8!. The prisoner undertook to com-
promise the case for 21. and 12c. for himself. The prosecu-
tor gave him the money, and directly afterwards a levy was
made for the whole amount on his goods. He falsely repre-
sented himself as a certificated attorney.
He was remanded for judgment.

CITY COURT OF SEWERS-YESTEkDAT.
HIM IN LZADEMIALL MARKET.

Mr. Mortimer, a skin salesman in Leadenhall-market,
was again summoned for exposing fur sale a quantity of
hides and horns, the smell arising from which was asserted
to be prejudicial to the health and comfort of the inhabi-
tants of the surrounding district.
In answer to tee complaint the defendant stated that
since the last occasion on which he had been exiled upon to
appear before the court, he had done everything in his
power to mitigate, if not to abolish, the nuisance cola-
phased of, and had discovered that chloride of zinc, which
he had caused to be applied to the horns and skins had die-
infected them, and that therefore it was impossible that
any disagreeable etlluvia could arise from the fact of their
being exposed in the market.
The Inspector was called, and in answer to questions by
members of the court, stated that since the previous occa-
sion on which Mr. Mortimer was summoned, the quantity
of horns and hides which was then accumulated had been
most materially diminished.
Deputy Holt (to defendant) —ls there not a great quan-
tity of maggots to be found immediately underneath the
hides after they have been deposited for any short length
of time ?

Defendant.—An soon u the hides leave the market, I
immediately apply salt to the spet occupied by them, which
has the cffect of destroying any maggots.
Mr. Norris said he thought that chloride of zinc would
have the effect of deoderisiug, although not of disinfecting
the hides.

A Member of the Court wished to know from Mr. Mor-
timer, whether, as the business carried on by him was con-
sidered a nuisance to the neighbourhood, he intended to
remove to some other locality, when
Deputy Harrison rose and said that it was no part of the
business of the court to require an answer to this ques-
tion, their duty being simply to prevent annoyance arising
from any sort of trade or manufacture carried. on in the
city.
The summons was then dismissed and the court ad-
journed.