The Express.
London, England, 1866-01-13 00:00:00

THE EXPRESS, SATURDAY EVENING, JANUARY 13, 1866.

LAW INTELLIGENCE.

COURT OF EXCHEQUER.-J.x. 12.

Sittings In Banoo.—(Before the Lord Chief Baron Pollock,
and Barou Bramwell, Manna% and Pigott.)

WILSON N. JONI&
This action was tried at Liverpool before Mr. Baron
Martin, when the jury returned • verdict for the plaintiff—
damages 2001.
Mr. Brett, Q.C., now moved, pursuant to leave reserved
by the learned judge, to enter • verdict for the defendant,
or to reduce the damages, the court to draw internees from
the facts if necessary. The action was on • policy of in-
surance upon the Atlantic telegraphic cable for 2001., the
plaintiff being a shareholder to that extent in the company
which was formed for the purpose of laying the cable from
Valeutia, in Ireland, to Newfoundland. The material pleas
were, that the loss did not arise from the perils of the see,
and that if there was • loss, it was an average one, under 3
Per cent. The company employed the ship Great
Eastern in laying the telegraph, and placed on board
2,200 miles of cable. Having described the opera.
tion of paying out the cable, and the parting of
it otter about half the length bad been laid, and the nom.
easeful efforts to recover the end at • depth of two miles,
the learned counsel said the accident averred when the
sea was perfectly calm, and that the company in relaying
the cable in the present year intended to make use of the
portion now in the sea, which, their experience led them to
believe, they would recover. It also appeared that six
weeks before the trial of the action the cable was tested
and found to be perfect. The defendant contended that
there was no loss within the meaning of the policy, which
was au ordinary marine one adapted to this particular risk.
The court granted • rule nisi.
PELSON AND ANOTHER V. BROOKS.
The plaintiffs, Messrs. Pearce oedemata, coach builders
in Lo -acre, sued the defendant, Mrs. Bose Brooks, who
resided in Pimlico, for • sum of money in respect of the hire
of a brougham. The principal plea was one stating that
the brougham was furnished to the defendant for the pur-
pose of assisting her in the vocation of a prostitute. There
was • written agreement between the parties to the effect
that the plaintiffs should let to the defendant the brougham
on hire, until the purchase price of 135 guineas was paid,
that the defendant should pay 501. doand that
the balance, with 5 per cent, interest, should paid by
instalments periodically, so as to complete the purchase
within 12 months, and that if the brougham was returned
before the second instalment was paid the defendant should
pay 15 guineas is addition to the 501., and also for any
I damage beyond fair wear and tear. The defendant paid the
501. and returned the brougham before the second instal-
meet became du. Under these circumstances the plaintiffs
claimed the 15 guineas, se well as a further sum for repairs
to the vehicle and several articles tarnished in connexion
with it. At the trial, which took place before Mr. Baron
&unwell at the last sittings at Guildhall, the jury found
that the goods had been supplied for the purpose of prosti-
tution to the knowledge of the plaintiffs, and thereupon
the learned judge directed a verdict for the defendant, but
gave the plaintiff. leave to move to enter the verdict for
them for the 15 guineas.
Mr. X. Chamber, os behalf of the plaintiffs, now
moved acooringly, cm the ground that there was no evidence
to support the plea of prostitution, and of miedireotioa by
the learned baron.
Mr. Baron Martin confessed that it seamed to him an odd
sort of verdict. If the defendant was not liable on the
ground of the allegation in the plea, upon the same prin-
ciple if • person sold her a hone for exercise he could not
recover the money.
Mr. M. Chambers said if the verdict stood he was afraid
it would interfere with "fashionable" society very much.
(Laughter.)
Mr. Baron Bramwell—l was • little surprised at the
verdict, and thinking the jury might have misunderstood
me, I put • question to them, and in reply, they said they
thought the brougham was used for display in her vocatioe.
They gave that as a reason for finding • verdict against you.
Mr. M. Chambers—At first your lordship ailed that there
was no evidence to satisfy the pies of prostitution, but as
there were other questions for the jury, you thought it as
well to submit the question arising upon that plea to
them, to obviate the necessity of the Gees coming again
down for trial.

Mr. Baron Bramwell said there was pretty good evidence
that she wee a prostitute to the knowledge of the plaintiffs
at the time the agreement was entered into.
Mr. M. Chambers admitted be could not controvert that
allegation, as far as one of the plaintiffs was concerned, but
contended that knowledge on the part of • person sup-
plying an article that it was to be need for as illegal pur-
pose was not enough to prevent him from recovenng. It
must be shown that he agreed to be paid out of the produce
from the carrying out of that illegal pupa's to invalkla'•
his claim

Mr. Baron Martin asked if • man who sold larley to an-
other in order that it might be converted into malt with-
out paying the excise duty could recover the price of the
bar ?
Thele Lord Chief Baron said it had been decided by the
Court of Queen's Bench, when presided over by Lord Ten-
terden, that money lent for ea illegal stock-jobbing trace-
action could not be recovered back again. Therefore, upon
that authority, if a man sold barley for the purpose stated
by the learned baron he could not recover the price of it.
Whether that judgment would stand the test of an appeal
to the House of Lords was another matter, but it was as
plain and clear as any decision could well be.
Mr. Baron Bramwell—lt is idle to say that • brougham
is like gaudy dresses or jewellery, which these women wear
with the object of attracting customers; but I left the matter
to the jury, and they found against you. This is not a case
in which you can call an expert to say for what purpose
these goods are used. The jury were entitled to act upon
their knowledge of life, and say for what these women cus-
tomarily used broughams. How can you contend there wee
no evidence to show that this brougham was employed
directly by the defendant to aid her in her calling !
Mr. Baron Martin expressed the opinion that unless the
brougham was to be paid for out of the earnings of the de.
fendant by prostitution, the object for which it was used
would not affect the contract.

Mr. Barns Bramwell sairlhe thought that the plaintiffs
charge of 501., and l 5 guineas for the hire of the brougham,
was most exta►agant ; and one of them denied any know-
ledge of what other eoachmakers charged for the hire of
similar carriages.
Mr. M. Chambers could not deny that the defeuilant was
the character represented, as she said at the trial that she
and her sister, who lived together, were prostitutes, and
visited Cremorne.gardens and other places of that
description.
Mr. Baron Bramwell—The ease was tried by a most ex-
cellent jury, and they found that the carriage was supplied
to her as part of her display.
Mr. M. Chambers—Bat a City of London jury might not
be good judges of what the practices are ►t the Nest-end.
The Court said they would take time to consider their
judgment.
Judgment deferred.

COURT OF BANKRUPTCY.—J.tx. 12.
(Before Mr. Commissioner Hobard.)
IN RE IiCIIPHILIT WILLIAM WOOD

The bankrupt was described as formerly of 17. Grace-
chtirch•street, secretary to the Cork and Kinsale Junction
Railway Company, the West Cork Railway Company, the
Waterford and Passage Railway C,ornpaoy, the Flatboatle
and Newcastle Junction Railway Company, the Limerick
and North Kerry Junction Railway Company, and the
Kinsale Hotel and Baths Company (Limited), residing at
11, Denbigh-place, Pimlico ; then at 55, Relgrave.road,
Pimlico ; thee of Ostend ; and now residing at 29, South-
grove, Rye-lane, Peckham, a son-trader. He came before
the wart upon accounts showing the following items :
Dr.: Creditors unwscured, 600/. ; ditto holding security,
1,100/. ; and liabilities, 72,237/. • with meets—good debts,
DN. ; doubtful, 3,860/. ; property held by creditors, 6751. ;
ditto given up to sasignees, 100/. ; ditto in reversioe,loo/. ;
leaving the large deficiency of 69,1821. The liabilities were
incurred in connexion with the various railway companies
of which the bankrupt had been the secretary, and on
whose behalf be had become liable for large sums of money
by way of loan. It is stated, however, that 23,0001. of the
liabilities have run off, and it is believed that ultimately
the remainder will be met by other parties. The accounts
were prepared by Mr. F. B. Smart.
Mr. Lawrence appeared for the aselinees, and did not
oppose.
The bankrupt was examined, and said he had not beet
connected with the railway companies above enumerated as
a speculator, but as secretary, and many of the liabilities
had run off. He explained that a secretary of a public
company was very frequently compelled to make himself
personally responsible for the debts of the company. He
believed that eventually the whole of the liabilities would
be discharged. His income had been at the rate of about
3001. per year.
No opposition was offered on behalf of any individual
creditor. _ _

The learned Commissioner said that the bankrupt might
take his order of discharge, as no creditor opposed; bat be
felt bound to observe that, whether customary or not, it
was a most mischievous and unjustifiable practice for a
secretary of a company. at a sm►ll salary, to make himself
personally respoosible for any debts which might be in.
curred by his directors.
Order granted.

Irma or Cocar.—Deriog the current year the
examination of candidates for admission as students to an
ion of court will be held in the Benchers'.room, Middle
Temple Library, on every Saturday during term. and the
Saturday preceding each term, and also the Wednesday
preceding Michaelmas term, at 10 a.m. punctually on ea&
day. The examinations are in the English and Latin lan.
guages and English History. The first examination is axed
for to day at 10 a.m.
THE Nnw RULES FOR THE DITORCE COURT.-
Yesterday the new rules and orders in the Probate Court
were issued in contention and sou-contention business.
Only five pleas are now allowed in will cases, and where it
is alleged that the deceased did not know or approve of
the contents, the party moat state in writing the case he
intends to set up, and no defence is available which might
have been raised under soy other of the pleas pole= such
other plea is pleaded therewith. There is an amendment as
to writs. When the court is not sitting a person in custody
can apply to a registiar for his discharge. The new table
of fees to be taken in the Divorce Court wan issued ; them
are 79 in number, of which 29 are at 55., and 19 at 2s. 6d.
By the new set Al tees an payable by denim

balanced by the gratification of so many of our necessitous
fellow-oreatures being relieved at this inclement season of
the year. Great numbers asked for printed forme, and
were informed that no more would be issued by the magis-
trate' this year, and that those whose forma bad been
already filled up, but whose oases had not been investi-
gated, would be relieved on Friday morning next. Alter
that, relief would only be afforded in canes of well-known
and urgent distress, arising out of inviritigations in open
murk

PROM LAST NIGHT'S GAZETTE.

[NARKS OF SOLICITORS AND FURTHER PARTICULABS TO BR
OBTAINED AT THZ OFFICI OF 21111 0512! INIGISTRAB,
COURT OF BANKRUPTCY. HABINGRALL4III/2.]
BANKRUPTS.
oFitsomaoßME
oicnottateyGmareergic,
ab..uvocal.
blacksmith.surrenjclaerLlretalatlL L •
RICHARD DAVIS. Inrrlmore-aquare, Kennington, and Harp-lane,
City, attorney, Jan. 24, at 11.
WILLIAM Jesse HARGOori, Dsgenham.F4aidirocnr,Jan- 25. at 11.
Sir JORA BENSON, Ent., CecUetreet, Strand, and tiontanoke,
Cork, civil engineer, Jan. 24, at it
THOMAS CoPier, St. Maryetreet, Whitechapel, beerhowe keeper.
Jan. 24, at IL
Maim Lae, lfsnitlngtree, Ere; butcher, Jan. 29, at 12.
wnJJAM Ottenalar, Cambridge4ernsee, Hackney, late licensed
victualler, Jan. 27, at it
JOHN WATSON. Mincing.lane, and Fenchurch-streekhousekeeper,
Jan. 27, at IL
FRANCIS BURDETT NORBoRT, Penton-place, Pentouville, collector
to a linen draper, Jan. 27, at 11.
DARliTUßaltt.nneßricr, eßat thnalit -green, and Upper Chute,
Wiltshire,
GLOROZ CORBY, Northampton, bookseller, Feb. 7, at 2.
4130201 JAMES SIMON, Salmon's-lane, Ilisabonee, grocer,
Feb. 7, at 11.
RICHARD Horan 11VNDAY, Fountain-court, Strand, and Ifsesx-
street, Shand, attorney, reb. 7, at 12.
WILLIAM RIDDLE, Teddingtoe, Middlesex, builder, Feb. 7, at 12.
JAMES Cam; Norwood. Surrey, potato dealer, Feb. 7, at 1.
Jona GAT, New Cross, Kent ; John-greet Crotched-friars and
Norfolk-street. Islington, varnish manufacturer, Feb. 7, at I.
WILLIAM JONATHAN WRIT; Richmond, Surrey, lodginghouse-
keeper, Feb. 7, at 1.
SOLoNON BRARHPetersfleld, Hants, corn dealer, Feb. 7, at I.
HENRY WILLIAM LoClwooD, Carolineetreet, Old Kent-rose, let-
ter carrier. Feb. 9, at 11.
BRNEY MASON, Ludlow, ahrapshire, licensed victualler.
26, at IL
Rll/1 COLIMIRI, Ellesmere. Shropshire, grocer, Jan. 26. at IL
Hilton HOMMis HUDSON, Handswerth, illadordstire, commercial
traveller, Jan. 24, at II
Thomas Barre; Birmingham. builder, Jan. 22, at It
JOHN WILLIAM (AHTLIII Munk; Gloucester.g,auctioneer,
Jan. ft. at 11.
JAMES DITOSKRIN, Liverpool. victualler. Jan. 26, at 11.
Joeint YOUNG, Salford. prowhlos merchant, Jan. 26, at it
LOOM ALEXANDRA JOICIPTI MORDAO9OI, Mancha ger, teacher of
the French 'savage. Jan. 24, at 11,
I.IIDNAID HARLIN& FARRINGTON, Middleton One Row, Durham,
innkeeper, Jan. IL at 12.
CHARIOTS' BOOTH, Birmingham, retail brewer, Jan. 26, at 10.
JAW= BRAES, Moreton and Fyffeld, Resea, shoemaker,
Jan. 25, at 11.
RICHARD JAM UL Reath, Glamorganshire, victualler.Jan. 23. at IL
WILLIAM Memo; Hanley, Staff ordab., eratamaker,J an. 27.6$ 1L
THOMAS PORTER, South IMworth, Leicestershire, grocer, Jan. 26,
at lit
JOHN COOMBS, Hampreston,Dorsetshire, brickmaker.Jan.tpat 11.
CH.RIXS HARDING, Wimborne Minster, Dorsetahlre, gilder,
Jan. 12. at 11.
SAMUEL OAILZT, lower Milton, Worcestershire, licensed vic-
tualler, Jan. 25, at IL
RALPH POOL!, Stoke-upon-Trent, Staffordshire, potter's ware-
houseman, Jan. 27 at 11.
ALFRED SERourr, Fenton, Staffordshire, grocer, Jan. IT, at 11.
THOMAS WHTILOW, Poulton-Wlth-learnbead, lalantallfre, fanner,
Feb. 7, at 11.
Jolts Leann,. D, Warrington, Inncash., book-keeper. Feb. 7,at IL
Gitoses 55 !erne; Liverpool, oU dealer Jan. 2S. at S.
CHRISTOPHER Game. Topcliffe, Yorksh., blackhalth,J an. 24. at 11.
JAMBS HANRT JOHN Foorritßochester. bootmaker. Jan. 23, at t
SMART CHRISTOPHER, men , Chatham, sawyer, Jan. 23, at 3.
JOalluA PRAT, Leeds, lodgtnghonse-keeper, Jan. 26, at 12.
JOsaen Counieworrii, Holbeck, near Leeds, manager to a flour
mill company. Jan. 26. at It
JOSEPH lissaros, Leeds, prorlolon dealer, Jan. 26, at IT.
JAMES LOWS, Hirkstall, near Leeds, scribbler, Jan. 26. at 12.
Jolla Jscoss, Reath, Olamorganshire. publican. Jan. ss. at 11.
&swum. Jos"; Wrexham, Denbighshire, grocer, Jan. ire. at 11.
WILLIAM EDWARD NRIEHMISOLI, Swansea, COMMilaloil agent,
Jan. 22, at 2
THOMAS Barrios, Swansea, labourer. Jai:.ora:rot 2.
WILLIAM BCHOITICLD, Almosidbuiy, , wcollen cloth
manufacturer, Feb. lt, at 10.
JOHN HINDU WILSON, Shefiteld,oomb manufacturer, Jan. 25, at I.
ISAAC Myra,. Duellallensed victualler. Feb. 1, at 12.
JAMES WRISNIVIT, re, Beds, farmer, Jan. 31. at 10.
JOHN HAIILEY, Litton, onehlre, schoolmaster, Jan. ft at 44.
LAST EXAMINATIONS.
Feb. 6. W. Barrett, High Holborn, and Eln(l44Teet, Hammer-
smith, auctioneer- Jan. 110. W. Pearce, Central-street. St.
Luke's, greengrocer-Feb.l. Sarah Marta, Old Kent-road, draper
-Feb. 9. J.Skertchley. Salisbury-road. betatron, mechanical magi-
n eer -Feb. 9. P. Goldsmith, Royal-crescent, Netting-bill, general
merchant-Feb. 9. P. S. Bell, Princes-terrace, Regent's-park,
and Poland-street, Oxford-street. builder-Feb. 9. O. T. Coxe,
Camberwell-road, broker-Feb. IS. J. Seymour, Park-place, Ken-
sington. carpenter-Feb. 6. D. Horlock and 11. Adams. Pomeroy-
street, New-cross, builders-Feb. 9. W. B. Stoner, Barnshury-
road, Islington, gold chain maker-Feb. 9. J. Ragsdale, Nelson-
yard, Old Kent-read, engineer-Feb. 9. W. lifer, Milton.street,
St. Luke's, dairyman-Feb. 13. J. B. Hayes, Upper Clifton-street.
Finsbury, carpenter-Feb. II Sarah Ann Levy, Woolwich. house
agent-Feb. 13. IL Sow Cromer-street, Brunswick-square. .11
mid colonrn.an-Feb. I& J. J. Frew, Huston-road. clerk In holy
orders-March 1. C. Green, Redruth, watch maker-March 1.
A. Carmichael, Exeter, Feb. 1. J. Ambler, Bradford,
temperance hotel keeper- eb. 1. k. Shaeklock, Emboli,. York-
shire, spindle maker-Feb. I. W. Pickles, Leeds, twine manatee,
tuns-Feb. 1. J. Ill'Adam, Sowerby Grange, Yorkshire, horse
dealer-Feb. 1..1. Browne, York, artbst-Feb. I. W. Simpson,
Scurboro-Igh, cabinet maker-Feb. 1. W. Whellan, Ferry Bridge
Yorkshire, miller-Jan. 31. o.Chtnn,West Derby, carproprietor2.
Feb. & X. Pritchard, Llanrug, Carnarvonahlre, Joiner-
Feb. & J. Allen, Harmer, Mlntahlre, farmer-Jan. 29. R.
Whitehead, Oldham, dealer in hay-Feb. 19. J. Mellor,
Bsguley House Farm, Cheshire, farmer-Jan. SO. T. Cone;
Hargreaves Shed, Lancashire, cotton manufacturer-
Jan. 80. T. Wood, Saddleworth, Yorkshire, cotton dealer-
Feb. 6 Li. Owen, Manchester, manager to a cotton wage dealer
-Feb. 7. A. Barker, Dodford Lodge, near Wagon, Northarep-
tnnshire. manager of a steno Iron ore company - Feb. 16. D. King,
Manchester. grocer-Feb. It W. Pulford. Wolverhampton. gun
barrel sighter-Feb. It J. Bowers, Aston-jiatallirmingham.
Journeyman breatfounder-Feb. It 11. Shuttleworth, Birming-
ham, Jeweller - Feb. 12. W. Pinch, Birmingham, nail maker-
Feb. It A. Harrison, Birmingham, late manufacturing jeweller
-Feb. It L. Levan, Birmilgham, late ensiles dealer-Feb. 23.
W. Morris, Cheltenham,baker-Feb. lB. IL Usberwood, Hors-
menden, Kent, late coachbullder-Feb. 8. C. Matthews, Dwan-
e-ell. Devonshite, yeoman-Jan. 26. J. G. Hague, Renton. Lan-
cashire. Journeymen baker-Jan. 25. H, Aldridge, Oxford, '
licensed victualler-lan. 25. C. Wiblin. Jun., Oxford, butcher -
.1 en. 25. .6. 8. Faulkner. Oxford. compositor-Feb. 12. F. D.
Lempriere, Newton St. Petrock, Devonshire, clerk-Feb. 6. T.
Please, It Bidwell, Devonshire, tailor-Jai. 25. Sir W. Magnay,
Bart., Henley on-Th mita, late stationer-Jail. 23. R. Briggs.
Act. orth Moor Top, Yorkshire, corn miller-Jan. 26. G. Mayes,
St. Albans, hoot manufacturer-Feb. 6. W. Mord', lon., Woo-
burn-green, Buckinghamshire, late farmer-Feb. 21. W. Whita-
ker. Plymouth. fishmonger-Jan. 24. W. Dymond. Devonport,
liceued victualler-Feb. 10. J. Crane, Lough horoush, Leicester-
shire. real merchant's clerk-Jan. W. T. A. Burton. Deal. car-
penter-Feb. 7. H. Well; New Brompton,Kent, wheelwright in
Chatham Bockyard-Feb. A. S. Rays, Bath, florist-Feb. 15.
T. W. Blackburn. Market Weston, Suffolk, Innkeeper-Feb. 7.
J. Bricknell, Burford, Oxfordshire, licensed hawker-Feb. 6. A.
Jenkins.; Jun.. Altrineham. Cheshire, beerhouse keeper-Feb.
6. A. Salter, Cullompton, Devonshire, carpenter-Jan. 24. J.
Bengali, Wales Wigan. Lancashire. Innkeeper.
BANK RUPTCIEB ANNULLED.
Nov. 13. Jona HINDEASoN. Bradford, yarn dealer.
Der. 4. JOHN ETTORINNR, Jun., Colebrook-row, Islington-green,
I tailor.

DECLARATION 07 DMDEND,
070 non WHITE Birkenhead. tallor—Lt dividend of 4. 341., any
Wednesday, as Turner's, Liverpool
DIVIDEND..
. _ . . .

Jan. 31. P. A. E. On'chard, Lower Btamfordatreet, Black.
friars, French athocate—lch. 7. C. II 'Denton. Hettons-terrace,
Poplar, licensed victualler—Jan. 2t. H. E. Baker, Kiddermin-
ster, farmer—Jan. 24. E. Curtels, Bloxworth, Dorenshire, c•al
merchant—Jan. 26. J. Catford, Hampton, Devonshire, saddler
Jan. Stn. G. W. Naylor and G. Claughton. Leeds, and Crown-
court Cheapaide, woollen mannfacturers—Jan. 29. E. Jowett,
Bradford, woolstapler— Feb. 16. H. Holdsworth, She Meld and
City of London, merchant—Feb. 16. J. K. Turner and F. W.
Marriott (separate estates), Sheffield, manufacturers—Jan 26.
M. Y. Colquhoun, Liverpool. printer, and khyl. Flintahire,
wine merchant—Jan t 6. E. Williams. Liverpool, accountant—
Jan. 22. J. White and Eliza White. Runcorn. cheshire, clothiers
—Jan. 24. I. Jones, Llanliwchaiarn, Montgomeryshire, coal
merchant—Jan. 24. P. Pritchard, Newtown, M.eitgomeryshlre.
plumber—lan. 27. Mary Jane itlenkhorn, Sarah Anne Veldt-
horn, and Eleanore Marla Blenkhorn, Caythorpe, Uncoil -hire,
ladles' boardineachool keepers—Jan. 27. W. Tends'', Hastings,
milkman—Feb 7 C. J. Josland, Exeter, printer - Jan. 26. W.
Burley, Carlton, near Bothwell. grocer—Jan. 26 W. Tweedie,
Leeds, draper—Jan. ft W. Wood, Lot thouee, saddler—Jan. 26.
J. Dixon, Moreton's. near Leeds—Jan 26. J. BoLineon, Leeds,
tishmonger—Jan. 26. E. Breen, Mesnwond, near Leeds, oil ex-
tractor—Jan. 26. W. Patthion, Benton Hill, near Leeds, tailor—
Jan. 26. J. Cundall, Leeds, mason—Jan. 26. Sarah Ann Firth,
Woodhouse, gold and silver letter m .nufacturer—Jan. 25. A.
Milne, Bury. Limitable', police stiperintendeot—Feb. 16. J. K.
Turner, F. W. Marriott, and J. Jepson. Sheffield. manufacturers.
CERTIFICATE to Le granted, unless cause be shown to the con-
trary on the day of meeting.
Jan. 30. J. Buxton. Remington, Derbyshire, grocer.