The Express.
London, England, 1848-01-27 00:00:00

THE EXPRESS THURSDAY EVENING, JANUARY 27, 1848.

Mini MO.. I. g 0...,
ekinson, and Etalwyn were the counsel in the exilic

Before Vlee-Chaneellor "Melt Bruce.
WAIN O. BBADLEY.—BIQUSAT TO A MARRIED WOMAN
ON CONDITION 01 1118 LITING AAAAAA 11011 888 HUSBAND.
—His Honour gave judgment in this case, in which a testa-
tor bequeathed to a married daughter, during the lifetime of
his widow, an annuity of 301. in case the daughter should
be living apart from her husband, and should continue so to
live ; and if at any time she should cohabit with her hua
band the annuity was to tease for that time. After the
death of the widow he heynathed to the same daughter
one•third of the income of the residuary estate during such
time as she should continue to live apart from her husband,
but if at any time she should cohabit with him the trustees
were to pay her share to her sisters. The daughter wax
living apart from her husband when the will was made. She
was afterwards reconciles' to him, and they were living U 1
gather at the time of the testator's death. The question was.
whether the daughter sad her husband were entitled to the
arrears of X:is annuity. and to the interest in the residue (the
widow having died), discharged from the condition.—Mr.
Russell and Mr. Follett were for the plaintiffs • Mr. Wigram
and Mr. Baulgette for the defendants—Tie Vice-Chan
caller .aid he continued to think the point one of difficulty ;
but that, upon the authorities referred to, and the principles
of the civil law, which had an influence in cases of this
kind, the right conclusion seemed to be to hold that neither
of the bequests was defeated or affected by the circumstance
of the plaintiffs living together, z conclusion which appeared
equally:consistent with technical and moral justice.
TURNS& V. MAULS.—NEXT OF KIN.—ID this case, which,
it may be remembered, is a suit instituted by some persons
in humble life, living at Foraham in Suffolk, and claiming
to be neat of kin of an intestate named John Turner, whose
proper ty, stnounting to 80,0001., had been taken by the crown
for want of neat of kin, the terms of an issue were settled to
determine whether Theophilus Turner, through whom the
plaintiffs claimed, was the` ame person as John Turner
for, the
the
intestate.—Mr. Wigram
d Mr. Warren were
Plaintiff: the Attorney-General, Mr. Horace Twine, ono
Mr. Wray, for the crown ; and Mr. Russell and Mr. Phil-
lips for other parties.
RAWEST AND Me NORTH EITATFORDSHIRII RAILWAY
COSlCANT.—AxgrtwATtorc—The North Staffordshire Rail-
way Company and certain landowners had appointed arbi-
traton under the previsions of the Linda Clauses Consoli-
dation Act, and a motion had been made ex parte to make
the submission effected (by virtue of the act 8 Vic., c. lb,
s. 2-5) by the appointment a rule of court. A motion was
afterwards made to set aside the award, and it then appeared
that the order making the submission a rule of court had
never been drawn up for want of the production of the ap-
pointment of the landowners' arbitrator, which the land-
owners declined producing for the purpose. The company
then moved that the landowners and their arbitrator
might be ordered to produce the appointment of the
latter. The landowners resisted the motion, on the ground
that the court had no jurisdiction to make such an order.
They also filed affidavits in opposition to it, from which,
however, the fact of the opposition having been made might
he inferred. When the motion came on to be heard the
Vice-Chancellor expressed his disapprobation of the attempt
to uphold the award, however good it might be, by inter-
posing such technical difficulties as arose from keeping back
the appointment, and on the company, electing to abandon
the motion and proceed anew the motion was refused with
40s. costs.—Mr. Russell. Mr. Mahn., and Mr. Hugh Hill
now moved on behalf of the company that the aubmisaion
might be made a rule of court without the production of the
appointment of the landowners' arbitrator, and on such ae
oondary evidence of it as wasafforded by the affidavits and a
recital in the appointment of an umpire.—Sir F. Simpkin-
son, Mr. Serjesnt Allen, and Mr. Campbell, for the land-
owners, contended that the order could not be made without
the production of the original appointment or of a verified
copy, and that a decision to the contrary would be opposed
to the universal practice in the courts of common law.—The
Vise-Chancellor said that the error in making such an order
(if there were any) would be on the right side ; but his
Honour thought there would be none, and would make the
order on the materials before the court.

Before Vtee-Chaneeltor Wigrarm
A170104E7 GENERAL O. WAILD.--IN7OIIMATION.—CHA-
RITY.—His Honour delivered judgment in thin ease, which
was argued on the 22nd, 24th, and 2,ith instant. The in-
formation was filed at the relation of certain members of
the Society of Wesleyan Methodists, at the village of Shiney
Row, Houghton-le•Spring, in the county of Durham, and
had for its object the performance under the decree of the
court of the trusts relating to the building at th d place
used by the society for purposes of instruction and religious
worship, and known as the Wesleyan chapel and school.
The building, it appeared, was erected in 1803, upon a plot
of land, • lease of which for the term of 21 years, with
a covenant for renewal, had been granted to the defendant
Ward by Sir Henry Vane Tempest, the then tenant for life
of the land. The land was demised as a site for the build-
ings, with a view principally to the benefit of the mines,
workmen, and lig, ids, chiefly Wesleyan', engaged in the
extensive collieries in the neighbourhood belonging to the
lessor. by indenture dated in Novffinber, 1806, reciting
that Ward was a trustee only for the society of Wesleyan
Methodists at Shiney Row, the premises were assigned to
trustees appointed by the society upon trust to permit
the building to be treed and taken as „a schoolroom
fur boys and girls, under regulations to be ap-
proved of from time to time by the trustees
and as a meeting-house to be used and enjoyed by the society
for hearing and expounding the word of God, and for
prayer ; and to permit such person as should be appointed
and seat by the yearly conference of people called methitclists,
as described and established in a deed-poll of John Wesley,
under his band and seal, dated in 1784, and enrolled, to offi-
ciate therein as minister for expounding the word of God.
The deed then provided, that, in default of • minister sent
from the conference, a person appointed by the trustees
should officiate, but that none should preach contrary to the
New Testament, and the notes and comments then, on by
John Wesley. The trustees continued in possession under
the indenture down to 1831 without disturbance by the
landlord. In 1830 a sum of 3001. was borrowed for the
purpose of repairing and enlarging the building. This sum
was partly advanced by the defendant Elliott Bud partly by
other persons, the repayment being guaranteed by persons
who were also defendants ; and In 1431 a new lease of the
premises for 21 years was granted by Lord Londonderry to
Elliott and the guarantees, with other pt none, upon the
trusts declared in the indenture of November, 1806. In 1838
differences arose amongst the members of the Wesleyan
congregation, the greater number being desirous of adopting&
less arbitrary form of government ',than that established
by the deed of John Wesley, in 1784. A secession took
:dace, and the greater proportion of the Wesleyan' at
Shiney-row, including the trustees of the indenture of 1831,
joined the seceders. The trustees thereupon became desirous
of resigning the trusts of the indenture, and in July, 1836,
they carried that intention into effect by a reassignment of
the trust promises to Ward, the original trustee. From that
time till 1838 the meeting-house was used in the morning by
the original society, and in the evening by the seceders. In
1838 it was closed for two months by Elliott, to enforce pay-
ment of his debt. Upon payment of • portion of his de-
mand at the end of that period by • subscription amongst
the miners at the collieries, Elliott delivered to them the key
of the chapel, which was thenceforth used as a place of wor-
ship by the secedersalone. The information prayed that the
meetieg-house might be declared to be held upon the trust
contained in the indenture of November, 18116, and re-
peated in the indenture of 1831, and for an assignment
, and conveyance of the premises to new trustees upon those
trusts. It also prayed an account of the balance due to
Elliott in respect of his debt, and for au injunction restrain-
ing the use of the chapel as a place of worship, by any hut
the members of the Wesleyan society. At the hearing, Mr.
Wood and Mr Lloyd appeared in support of the information;
and Mee-n. Holiday, Rol, Wright, Glasse, and Elderton
for the different defendants.
His Honour said that an objection had been taken at the
hearing on behalf of some of the defendants, that the deed of
demise of the property to Ward, as well as the deed declar-
ing the trust, had not been enrolled pursuant to the statute
9 Geo. 11., c. 36, and that, therefore, the trusts which were
in favour of a charity were altogether void. Had the objec-
don arisen between Ward and his lewtor, et between the
Attorney-General and Ward, or between the Attorney-
General and the lessor, in a suit, impeaching :the
trust, it might perhaps have prevailed ; but it did
not follow that it ought to prevail in • case
like the present, where the objection was sought to
be used by trustees against their cestui-que trust, claiming
under the same unenrolled deed. l'utting the want of en-
r.ilment out rf the case, the trust alleged by the information
was, he thought., clearly proved ; and the want of enrolment
hod not been suggested by the answer", nor had it been
proved by the evidence. The court, however, had been
"eked to infer the want of enrolment from the feet that the
deed, when produced, was found not to have been endorsed
with a memorandum of enrolment. That formality did not,
however, appeur to be necessary, and the decree therefore
would be in conformity with the prayer of the informaii• n.
His Honour din seed payment of the costs of the plaintiff,
and re.me of the defendants who took the came view as the
plaintiff, but reserved tl e comideratiOß of the costs of Elliott
and certain others of the defendants.

COURT OF COMMON PLEAS.
Stet Pairs GummiAu--Before Mr. Justice Coltman and a Common

Jury.
HABEAS O. PORTER.—BREACH OP PROMISE OF MAR-
RIAOS.—The plaintiff, Eliza Harris, war a young woman,
26 yearn of age, who had been a servant in a family, and the
defendant was the landlord of the John of Jerusalem pub-
lic-house, Cleekenwell On Nov. 28, 1844, the plaintiff and
her sister, who wie. also a servant, went to the pit of Astley's
Theatre, where they met with the defendant, who after-
wards Melt. d plaintiff to have some brandy and water at a
neighbouring public-house, to which she ultimately con-
Rented, and Porter accompanied her home. Front that time
great intimacy sprang up between them, and the plaintiff
lot her situation about three months atter the first saw the
defendant, and took lodgings, where be visited her as often
as three and four times a week fur about a year and a htslf,
being supported oy the defendant. Several witnesses were
called, who proved that defendant bad, during that
period, frequently promised to marry her. In Sep-
tember, 1847, the defendant however married another
person, and on the information being given to the plaintiff
of the fact, it was stated that she was seized with hysterics
and convulsions, and remained unwell for some time after-
wards.—Mr. Serjeant Wilkins on the part of the defendant
made an effective speech.—The learned judge in summing
up left it for the jury to say, whether they were satisfied that
a promise of marriage had been made to the plaintiff, and if
they were the plaintiff would be entitled to their verdict.
The next question for Wan to consider, in that
case, would be the amount of damages, and with respect
to that they would use their discretion.—The jury
then retired, and alter being absent about an hoar
and a quarter returned into court at hall past 3, when the

foreman 'Wed that all the jurymen, with the exception of
one, had agreed to their verdict, and that one held out in op-
poiitien to the other eleven.—His lordship expreiaed his re-
gret that be could not receive the verdict under such circum-
stances, and would be under the necessity of requesting them
to again retire and reconsider their verdict—The jury then
left the court and returned at a quarter to 7, when the fore-
men said they had found a verdict for the plaintiff—damages
401.

COURT OF EXCHEQUER.
innings in Banco.
CRIIII C. JONIS, ATII. JONES O. CHIIR.- -LIVIIILT-lITABLZ
KESPEIN.—Theee actions arose out of the hiring of a horse,
by Mr. Jones, a tobacconist, from Mr. Chew, a livery-stable '
keeper in the City, for a journey from London to St. Alban's.
They were tried at Guildhall daring the last sittings. It
appeared the horse was so lame and knocked up on arriving
at Watford, that it was unable to proceed farther, and was
lilt at an inn there by Mr. Jones, who immediately in-
formed the owner that he had done so. Neither party
would pay for the keep of the animal, and it remained at
Watford from August until March last. In the first action,
which was brought to recover the hire of the horse, the jury
found for the defendant, and in the cross action to recover
the sum paid by Jones to the innkeeper at Watford
for its keep while the animal remained' there a
verdict was returned for the plaintiff for 32Z. During
the present term rules nisi were obtained for new trials
in both arises, on the ground of misdirection and that
the verdicts were against evidence. The court took time
to consider in both cases, and yesterday delivered judg-
ment—The Lord Chief Baron said that in the first case there
must be a rule, on the ground that the livery-stable keeper
will entitled to recover something for the service performed
by his horse, and rendered to the defendant by taking him
as tar ea Watford. In the second case, the question whether
sufficient notice of the horse having been left at the inn had
been given by the plaintiff to the defendant had been pro-
perly left to the jury, who found the fact correctly. There
was no reason for disturbing that verdict, and therefore in
" Jones o. Chew " there should be no rule.

COURT Of BANKRUPTCY.
Before Mr. Corcuniudoper Evans.
EXTRAORDINARY CASE.•—Thomas Brown, ironmonger,
High street, Marylcbone, came up by adjournment for his
last examination. Ile stated, in answer to questions from
Mr. Selfe, that he had kept no cub-book. The sums en-
tered in his account now produced were not all bond fide
payments to the individuals named. When he drew a
cheque be used to put in any name that crossed his mind at
the time; and in this way, out of the 1001. which appeared as
paid to a Mr. Stephens, of Northumberland-mews, only about
71. had been actually paid. Many of the items w. re guessed
at.—The Commissioner said he should require a detailed ac-
count of all the bankrupt's transactions since he entered
into business in 1844 ; meantime his examination would be
adjourned for three months.
Before Mr. Commissioner Fonblenque.
BDSPENRION OF CZKTIFICATE.—IR the cue of Edward
Thornton, plumber, of Coleman-street, the Commissioner
postponed the grouting of the certificate for three months, on
the ground alluded to in the last the personal and
trade expenses exceeding 0001., while the profits only
amounted to about 6601.

BLOOMSBURY COUNTY COURT.
Before E.lrhibofe, Eiq.

MILLER V. CHAMPION.—NEwerAPERB CANNOT BE LE-
GALLY LENT ON HIRE.—The plaintiff in this case, a news-
reader, sought to recover from the defendant, a retired
tradesman, the sum of 6s. for newspapers lent to him to
read. The plaintiff having proved his cue, the defendant
admitted the debt, but oubted whether he could be com-
pelled to pay. The Judge °barred that such a remark from
him he considered disgraceful ; but still he could not enter-
tain the claim, as the law now stood the same as years ago,
when it had been decided that persons lending newspapers
to read could not recover, but were liable for so doing to a
penalty of 301., it being considered by suet trafficking in
stamps to he defrauding the revenue, as It prevented the sale
of. papers. He therefore must dismiss the plaint.—Judg-
ment for defendant.

POLICE. v
_ESTERDAY.
MANSION-HOUSE.—WHOLESALE WINDOW BREAK-
Mo.—Several young females were brought before the Lord
Mayor, charged, some with having smashed windows of con-
siderable value in the neighbourhood of the Mansion-house,
and others with having threatened and violently attacked
officers of the unions. Three of them were watched by a
man, whom it has been found necessary to appoint to keep
an eye to the conduct of the refractory vagrants and paupers
who congregate about the Mansion-house. He judged that
they had a mischievous intention, and he apprehended the
three with a basket of large paving-stones, which must have
been brought from some distance, and which they acknow-
ledged were intended for the windows of some of the ex-
tensive buildings in the vicinity, as the manner in which it
had been found necessary to wire the windows of the Man-
sion-house protected the glass of that structure from their
attacks. The women said they came from the county of
Cork, and that, being out of work and out of pocket, they
were resolved to get locked up during the cold weather in
prison, where they would be much more comfortable than
they could be in Peckham union. The cases of the
other females charged before his lordship were of
the ordinary kind. They had thrown stone. at, and
beaten and threatened to despatch the union officers,
and they gave no small evidence of their power over the
English language in the compliments which they thought
becoming to pay to the chief magistrate of London. It has
been seldom that, even at the Mansion-house, the furious
abuse used in the course of yesterday has been equalled.
All the women charged vowed vengeance against the plate.
glass windows, the anion officers, the police officers, and the
Lord Mayor and his brother aldermen.—The Lord Mayor
had reason to think that within the last two months the loss
sustained in glass, by a honking-house alluded to,
amounted to upwards of 701. No doubt the window-breakers
resorted to that favourite occupation from the preference
they gave to a felon's gaol over a union workhouse, upon
the ground of more gentle treatment. His lordship then
sentenced each of the offenders brought before him to the
full extent 01 the act, and ordered that the Irish women
should, when their imprisonment shall have terminated, be
Instantly shipped for Ireland.
The Lord Mayor begged to acknowledge the receipt of
11. Is. from •• 11. W. and D." ; 51. 51. from " J. B."; and
the second half of the 51. note from the Hon. Miss —,

for the poor-box.
WORSHIP-STREET.—AN Imeoarog —Sarah Lee was
charged with having committed a fraud upon Mr. J. Hagan,
a nurseryinan at Upper Claws. About six months ago the
prisoner introduced herself to the wife of the prosecutor, to
whom she told such a plausible tale of her respectability and
expectations, amongst which she mentioned that she was
upon the point of coming into 7,0001. from an uncle at Ken-
sington, that the latter was induced to receive her into her
house, and treat her in every respect as a member of the
family. The prisoner continued to reside there upon these
terms, without having paid anything the whole time, until
about the 3d of September last, when she expressed her wish
to Mr. Hagan to send for her father and mother, who re-
aided at Dover, and establish them in a house which she re-
presented as her own property, and at the same time handed
him a sovereign to defray their travelling expenses to town.
The witness gladly accepted her oiler, but shortly before
the arrival of her parents the prisoner left home,
under the pretence of receiving some dividends at the Bank,
and never afterwards returned, and upon subsequent
inquiries in the neighbourhood it was found that she had
received the sovereign above alluded to from a tradesman
in the neighbourhood, and also a second one, in the name
I of the witness and her husband, who she asserted had seat
her to borrow them. They had since instituted inquiries at
Kensington, and having ascertained that she had no relative
residing there, and that her entire statement was a pure
fabrication, obtained the assistance of the police, who ulti-
mately succeeded in tracing her to another lodging, where
they took her into custody, and received from the landlady
the duplicate relating to a shawl, which the prisoner had
borrowed from the witness on the morning of her departure.
—A police-constable stated that upon capturing the pritouer
I she made an acknowledgment to him of the corrector u of
the Marge, and, from information he had since received, he
had no doubt, if she were remanded, that he should be able
to establish several other cases of a similar description against
her.—The prisoner was remanded.
BENEVOLIINCIL—The magistrate announced his receipt
I of the following additional subscriptions fur the relief of
Mrs. Charlotte Thomson, which were requested to be no-
ticed in the public papers :—From R. II.," one half of •
61. note ;"E. B. 'V., ' one half of aM. note; " E.."
54; " M. C.," 11. ; and from Lient Oakes a cheque upon
Messrs. Coutts, the bankers, for 21. The magistrate has
also received 61. for the poor-box from "A. P.," and 11'
from "R. P. N. " 21. 2s. from Mr. Pigou, of the Travellers'
Club, and 10s. iro particulars . poor widow nam. d
Merger. t Ives, the of whose distressing ease we
have before noticed.
MARYLE BON E.—BEN EVOLENCB.—An "Old Soldier"
forwarded the sum of 61. for the poor-box.
SOUTHWARK.-ItIOTOUS FEMALE I'AIIPERIL—The
seven young women who w. re on Tuesday charged with
riotous conduct in Bermondsey workhouse, and with
I threatening to murder Mr. Hodgkin, the master, wars
placed in the dock for re-examination.—They were com-
mitted for trial. The witnesses were accordingly bound
over to prosecute. While the depositions were being read
the prisoners behaved in the meat disgusting manner.
THAMES.—CHAROB OF FELONY AGAINST A COM-
POSITOIL—J. M'Cabe, a compositor, was charged with
stealing a quantity of types, rul, &c., the property of
Messrs. Teape and Sons, printers.—Mr. G. T. Woodward,
their overseer, stated that on the previous night, as he was
leaving the premises, he requested prisoner to go back to the
warehouse, where Mr. Childs, a constable, was in attend-
ance. Witness asked the prisoner whether he had any pro-
pc rty belonging to Messrs. Tespe in his possession. The
prisoner rep'ied in the negative, upon which witness took a
bag which the prisoner had in his donde, and found it con-
tained a quantity of "letter," leaden and brass rules, &c.
Witness then taxed him with having taken mere " letter "
from tho premises on the Monday night, and threatened to
search his house. He was conveyed to his residence,
where a mass of type, melted down and weighing about
fifteen pounds was found in a cupboard. The types
were worth 25.,6c1. per lb., but melted down they would only
produce about 3d. per lb.—Childs, the constable, cor-
roborated the above evidence.—ln answer to the magistrate,
Mr. Woodward replied that the prisoner could earn 11. 10s.
per week. He was first observed taking the types on Mon-
day night by some of the workmen, having been only six I
days in Messrs. Teape's employment at the time ; at, how-
ever, he was a married man, and had four young children,
witness hoped his worship would deal summarily with the
case, end as leniently as possible. The prisoner had been
out of work at the Christmas period, and had probably been
distromod.—lar. Yardley auM not think of dealing sum-
=evil; with such a case. The evidence wee most positive,