The Express.
London, England, 1860-11-10 00:00:00

COURT OF COMMON PLEAS.---Nov. 9.

tifirlinp in Beam. —(Belore Lord Chid Jostles Elio and
Jutiorr Woo and Kornin(.)
MAZIIS, APPIILLLICT, r. =INS, LISPONGENT.--NRLLING
MiDlin WINE OX SUNDAY MORNING.

This was an appeal from a decision of magistrates, and
the are stated that the appellant was a licensed dealer in
" made" wines, and that the respondent went to his shop,
which is in the country, before half-put 12 on Sunday
morning, and salted for half • pint of " port" wine. He
received • half pint of what was called port wine, and this
Bus
ntadacorwas subsequently analysed, sad one ounce of alcohol
from four ounces of it. The appellant wait
eamnrooed before the magistrates for brides sold "fer-
mented" liquor during prohibited hours contrary to the 11th
and 12th Viet., esp. 49, and he was convicted. It was now
contended that tins statute applied only to licensed victual-
lets sad blessellers, and not to the class to which the
'IP " 1 belonged.
P hipson appeared for the t, but no person
wee in attendance for the eat.
The court war of opinion the statute was not limited
to victuallers and beer-sellers, bat iscladmi all dames.
Appeal diereased.
lINADIAILL O. lIIIADWILL —MON= OF AN ANNUITY.

Te plaintiff ia this ease said the executors of his uncle
to recover the amain of an 'tenuity which had bees pro.
mimed to him by the testator. The promise was oontamed
to a letter dated August n, 1838, sad tamed to the
plaiatiff. The testator said that he linseed to bear of the
phantirs intended marriage to Ellen Niched), sad added
that as he had promised to assist him at entities he under-
took to pay him an annuity of 1501. during WI (the ho-
telier's) life, and until the plaintiff's income as a Chancery
barrister should amount to woe. a year. The matter now
came before the court upon demurrer, and the question
talind was whether the pleintiff was entit'ed to recover ; it
taingeaerbeadsd that he was not, principally became them
was so legal oonsideration for the promise made by the

Butler appeared in support of the demurrer, and Mr.
Harcourt on the other aide.
The coart took time to welder the matter.

COURT OF EXCHEQUER.—Nov. 9.
Sittings ia Banco.—(Bstars the Lard Chid Baron sad
Baroas Bramwoll, Clusaaell, and Wilds.)

The court was °trended daring its sitting in besting an
argument in a case of no intend to the public.
Batboy at Nisi Pastas.—(Bafore Mr. Baron Martin.)

WIIJUNIIOIII V. 11411ITL
Kr. Serjsant Parry and Mr. Griffiths appeared as counsel
for the plaintiff ; and Mr. Coleridge for the defendant.
This was an action for esestaive distrees It
that the plaintiffs daughter took a house from the -
ant in Upperotreet, Islington, from a Mr. Fowls, at 1001.
per annum. She carried on the badness of a fancy milliner,
bat falling into arreer, the defendant, an appraiser, was
directed to &strain, when be seized a quantity of goods be.
longing to the plaintiff, on which this action was brought
for ameseive distress.
The jury founds verdict for the plaintiff for 401. damages.

COURT OF BANKRUPTCY. —Nov. 9.
(Bohm Mr. Commaleast Pane.)
II DIMILIJUIT AND MOM
The tawkrupte were tallow-ehaaMers, at Norwich. This
was the artiste meeting. They owe to anseemrsd
3,4131., mad give up easels of 7001.
Mr. A. Tanen for the aselignees, offered no opposition.
Mr. Guinan stated that the assets had radioed nearly the
mount Amid.

His ifoisoargranted second-claw certificates.
DI NI WAXD.—A NOVEL CASH-POOL
This was the examination meeting, in the eau of Albert
Lee Ward, ship and insurance broker and coromimion mer-
chant, of nachurchotrest, trading under the inn of
Ward, Harries, sad Co. He owes—to unsecured creditors,
3,2361. ; secured ditto, 4,3031. ; liabilities, 2,6261. Asesta
—in good debte and property, 2,369/. ; property held as
'aunty, 7,3441.
Mr. LMkleter was for the usignees, and Hr. Lawrence
for the baakrupt.
It appeared that the bankrupt had dissolved partnership
with Harries at the end of 1659, undertaking the liquida.
tics of the firm. He had since been sued on liabilities of
Harries, and bed come to the court to protect hie own cre-
ditors. He had kept no regular cash-book, but all his pay-
ments were shown by the counterfoils of his cheques, and on
the backs of those counterfoils he had entered his receipts.
His Honour observed that this was a most extraordinary
way of keeping a cash-bunk.
Mr. Lawrence contended that it wu a cash-book to all
intents and purposes ; it was regularly cast up and balanced.
Ultimately the bankrupt passed.

IN RE JAREN HERBERT 411ITH.—THE LZATHER TRADE.
This was the examination meeting in the cam of James
Herbert Smith, teener, of Wyldarentii, Bermondsey,
whose failure followed short! upon that of Street/end
and Co. The accounts, beMessrs. Quilter and Co.,
extend over three-aod-a- years prior to the failure. The
following are the principal items:—To creditors, 121,8601.
(of this amount the debt due to the estate of Streatteild and
Os is 98,3387.) ; to creditors holding security, 4,3711. ;
maples, December, 1858, 15,1591. ; profits, 39,610/. ; ditto
on mine, 1,0001. ; lnacy from the estate of the late v. U.
Smith, 13,0019. ; liabilities on bills receivable (held prin-
cipally by Mews Ounliffe and Co., the London Discount
Company, the London Joint Stock Bank, the National
Bank. 011011011, Gurney, and Co., and Saodeman
and Co.', 85,377/. By goed debtors, 6,052/. ; doubtful
ditto. 8,700/. ; bad, 87,172/. ; property surrendered,
35,22 W. ; ditto held as security, 1,4110/. ; ditto retained by
bankers spinet bills receivable, 1,0131. ; estimated diet
deed on dishonoured bills receivable, 2,4471. ; trade ex-
poses, 26,814/. ; interest, 18,038/. ; house and personal
expenses, 3,8821. ; losses, 94,889/. (including bad debts of
87,1721., of which Payne and Clark are put down for
33,9241., and Payne and Goodman for 8,52 W.).
Mr. Clark (Clark and Morioe) appeared for the assignees,
and asked for an adjournment.
Mr. Linklater, for the bankrupt, consented.
Adjourned to the 4th of Jasuary.
Mr. Whitmore, the official assignee. stated that he had
93,0001. in hand ready to divide ; and a dividend meeting
we fixed for the 19th December.
Mr. Linklater Naked for the continuance of the allowance
plight &mai a week).
Mr. Clark objected, and eked that it shouhl be reduced
to are guineas a week. The bankrupt had wealthy friends.
gis Heneur said this was no argument. He had only to
look at the amount of the assets and the bankrupt's family.
As the assignees objected to the continuance a the present
Me, he would reduce it to W.
Mx. Clark said there was already an order reducing the
allowance to five guineas a week, which would now take
effect, if no other order were made.
His Honour mid in that ease he should not interfere.

IN RI TONES.

The bankrupt, a builder, of Westminster, applied for
his certificate. His liabilities are 4{83,,310/. ; property build
by certain srediton as security, 37,7201.
Yr. Lawrence, for the assignees, offered no opposition,
and a eecond-claes certificate was granted.