The Express.
London, England, 1859-06-29 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JUNE 29, 1859,

'Lab) **miasma.
EQUITY COURTS.—Jmna 28.
(Befcre ice•Chaea4or 81, B. T. Lbsdersley.)

This trek was Instituted to set adds a settlement as volun-
tary and void, and also ta obtain a declaration from the
court that • mortgage executed at Übe same time might only
stead for the sum actselly advanced. Mr. Joshua Coupe,
the settler, wee surety for 3001.. to the plaintiff, and Mau to
• lemma named ;Honk, for 911., and actions were brought
spirit his so recover both sums. He was entitled to • life
ism* d!01., and, subject to the lite estate of his mother,
Sit ands property at Doyleeden, in Lancashire, worth about
431. a year. tinder these circumstances he applied to his
mother to advance him money to meet the claims
upon him, and she consented to do eo upon
boa executing the settlement in quad in, whereby
his absolute inkiest was cut down to a life
setae, and the property was secured to his children in re-
made'. Babesquebtly he became insolvent, and he and
Me maw are now dead. The plaintiff is his assignee under
✓s
beehmay, wed he Had the t bill in order to have
ll* deed we wide, as the el its being voluatery, sad,
weir lie sided el mamba* void as against creditors.
The Viewebeeseller said this weans of the moat doubtful
mew Le had saw met with. The result of the sat to4i,ies at
the pumas day yes that there mast be proved to have been
ea
Intention on the part of the settler at the time of making
the malement to del.iy, hinder, or defraud creditors. It was
ad mfficient that a deed was voluntary to make it void.
B. k clearly appeared that the settlement was not the act
of Cleve, but of his mother and equally cleaz on the evi-
dent.* that neither of the other; parties knew of the plaintiff's
dim He was of opinion, Madero, that the cam dad not
Mai within the scope of the statute, and the bill must be
disedseed ; and inasmuch as it was filed at the peril of the
dielmasste, the infants, It mum be dismissed with costs. It
wee net asermary to &ride the question of the mortgage, as
It 4.111411111 as the plaintiff's sumer.
Mi. Anderson end Mr. 0. W. Collins appeared for the
plaintiff; Mr. Bazalgette and Mr. C. Hall for Use dafendants.

(Beton Vice-Chancellor Sir John Stuart.)
SIMPSON O. nit CIVOIN VALLIT RAILWAY toMVANY.
Mr. Staling, Q.C., and Mr. H. Cadman Jones appeared in
support of a motion by the
_plaintiff for en injunction to Te-
rrain the defendants, the Severn Valley Railway Company,
from keeping or taking pretension of certain laud and pre-
mier at Bridgcnrth, la tihropehire, in the occupation of the
plaintiff, for the purposes of their railway. The company
bad attend on the land and fenced in that portion of it on
which they intended to construct their line.
Mr. Kektewkb appeared for the railway company.
The Vice• Chancellor granted an injunction according to
the terms of the notice of motion,

(Before Vioo-Chanecllor Sir W. P. Wood.)
r. HUNT,

This was a suit Instituted by the plaintiff for tho paqoae
of seeking relief against the erection of a bridge and mad by
the defendant, the affect of which would be, according to
the plaintiff's case, to flood his leads and render them worth-
iest.
The come Is on', part heard.
Mr. W. Janie. Mr. Edema, Mr. Roll, and Mr. Haddon
wore for the part:Sea

COURT OF QUERN'S 13ENCII,JuxE 28.
SECOND COURT.

Sittings at NW Prins.—(Before )lr. Justice Hill and
Common Jades.)
AMBIBT O. MAOHI.-EDUCATION.

Mr. Borjeent Peteredorff and Mr. Kingdom were runes'
for the plidntiff; Mr. Buller represented toe defendant.
Thin was en action brought by the plaintiff, who Is •
schoolmarm et °apart, to recover 181. 6d. from the de-
fendant, Captain Moen, who resides near flossock's.gate,
in the vicinity of Brighton, for the board and education of
the sou of the latter.

It appeared iron the evidence of the plaintiff that
the young gentleman had bean placed at lila school
by the d.Dndant, and in accordance with his
canal practice he made out his bills half-yearly, viz., at Mid-
mummer and Christmas. On the 24th July, 1852, be re-
ceived a letter from the defendant, ',stem it was Mrs.
Magri' wish that the bills should be tout is in October and
April, when she received her dividends. This was done, but
the bills were not paid, and the boy was removed in 1853,
the defendant baying previously written several letters ex-
pressing his surprise that Mrs. M term whose money was all
settled on herself, had not paid the bills as she had under-
takes to do, and his regret that it was not in his piece to
discharge them.
The plaintiff, in his cross-examination, mid be knew that
Dirs. Megra was separated from her husband, and had a '<-
prate income, but he, of course, held the defendant

reepoairible.
The defame was that ►fn. Megra bad undertaken to ray
for the hoy's education, and that the defendant was therefore
not liable. _

Tlut jury lotteedlately returned a verdict for the plaintiff
for 18/, 7.: Gd., and
. .

Hia ieeaet ip granted Immediate ezacatios.
MILLS V. THE BRITISH PROVIDENT LITE AND TIRE ASRU.

RRICI COMPANY.—ALLEOED WRONGFUL IObNISBA L.

Mr. Hawkias nod Mr. Thompson Chitty were counted
for the, plaintiff ; Mr. Edword lamer sad Mr. Gibbons were
ix the defendant.
The plaintiff, Mr. John Mills, the author of " The Life of
a Gentleman" and other sporting works, brought this action
against the defendant' under the following circumstances.
It appeared that he had been for 1.01110 time secretary of the
Horne Combs Assurance Offilea, which became associated
with the Birkbeck, and the business was afterwards
tninsierred to the Whittingtoa office. Aa application
had been mails to him to accept an appointment in the
defeadsat's clines by Mr. Sheridan, the manager of that com-
pany. Mr. MiUs accordingly gent In a proposition, by which
he nedertook to intraduce now bueinesa to the daoudants
ea reeclving a salary of 3001. a year foe one year certain end
350!. in each. This offer wee accered by the board by •
formal resslution, and Mr. Mills mitered on him duties, ob-
taining for the defendants 400 or 500 policies His eatery
had been paid quarterly, but when he applied for the
3601. at the end of the year ft woe not foe-h-
a. He continent in the savior, but the quieter
January had tut tern paid, and in March he had
hest soddenly diemissed wit beat notice. He now .ought
remover the 350!. under the contract, • gazettes salary, and
damages for the di.missal aitboat ni.tica.
Fee the defence evidence was adduced to show that the
engagement was only for a year, end that the defendant had
dose nothing for the company after that period ; but one
witness stated he bad rabed 1,0001. for them.
The jury found a verdict for the plaintiff, damage" 500/..
leave being reserved to the defendants to move the coact on
the points of law.

COURT OF COMMON PLRAB.—Jurta 28.
&wags ie Hato.—(Heron Autism Williams, Wilk',
and Ryles.)

@ANTOS P. ILLIDOII AND OTHIRS.-.CONTRACT FOR TVS

BALE OF OLAVI.I4.

the question nod in this ems wee whether a contract
for the mkt of slaves nuld be legally canted into effect. The
defendants were the directen of • Brazilian mining company,
which bad been total:aloha in this country fur the purpose of
working some mines in the Broads by man. of sieve labour.
The pass:Mon of slave* was by the laws in turn In the
Bra-Atte perbay feral. The mummy get into dinlcultiee,
end an order for winding it up was mole by the Court
of Chancery, and one of the terms of the order wee, that
tits omomity's property and Mints should be sold.
Tits question then arose what we. lobe dams with thaslsym
and urea an appltration to the Lords Austics they ordered
that the slaved acquired by the company, and the children of
those *laves, should be sold to any lemon or persons not
being British subjects. In pursuance of the order of the
Lord's Juice* tna of the directors proceeded to the Bro-
wband entered into a contract Ur the sale of the slimes to the
plaintiff, • Brazilian. The British eminent, however, it Itio,
hearing of what ram going on, sent an intimation t, too di-
rector that if any such contract were ettempted to bu carried
out he should place him un board the Antelope. a slap of
war, and send bun home for teal. The plaintiff now nod
the defendants to anal el them to complete the as of
the slave., and tLey were perfectly trilling to do so if
they legally could, bat they were sexton to bare the
opinion of the 'Quit that thty would not by so doing incur
any penahev.
ldr Bovril, on the pert of the plaintiff, contended that the
contract cooed be legally completed, end Mr. Lush encored
for the &fetichists. _

-Mr. Jostles Willlema, it tie conclusios of the argument,
said that they wonlol take time to consider the water.
Mr. Bovill hoped that the court would dad it tonentiont
to give lodgment befi.r• the clods of the animal eittoug, or the
coos-qui noes would be serious.
Mr. Justice Williams sold that was the boat day of sluing
in tmaco, bat if there was no diaereses of opinion among
the judges judgment would probably ba glees 011 the tho
Jsly.
Mr. Morin said the slate wen la e eery mdisppy condition
lording tb. gloating ditlkulty.
Mr. Justice Willis add them woe so doubt that some-
body was working them.
Mr. Buelll was infonued that they were actually dying of
dimes. and wear.

lir. Justice Willis said that was hardly likely with such
valuable_ iweperty.
Mr. &MEI rid it was unfortunate that the sail left this
eseastry an the Bth Jely, and there would he so other mad
kr a isam/. Under tt.. 114 circumstances he hoped that the

mart nimbi privately comontolone their Mime to too
parties on this Bth.
Kr. Justice Williams said them would ho no objection
dOiDfr PO it the jades. were all agreed.
Judgtuotit postponed.
YALE V. Tal 01:iliDIA NS OF THI CITY 01 LONDON

UNIUX.- MANINI YHAIDA.

This fess else Whet do seen appal bow jaetkeet,
sad ass ahlailas wove out 0, the tolNvist eireuseetaaces :
Meolellhreetety oAlrett,l the poor tete In aisle tut of she
liat=s eserprisorp the City of Louden Unto., sad be
• lane saw of mosey which he bed e4ll. tied
bind of paying it over to the treason rof the eat et. Ie
eseeepesies of this the obelus draws by the gesrdstes for
as ilishoreheests of the anion were. t• • hese onset psid

out of the evarFaus mousy rrmaistieg is tire heads ;idle
ttessustr helot:4LN; to to other prishee aid the quss.low
was wbetha the ;manliest. as make e call spew those
partible without giving th•.ta as& fee ilse rarhaus fusee

which would have remained to their credit if they had not
been spent in ceneequence of the fraud. The question turned
upon the Blat deem of the Consolidated Orders of the Poor
Law Commissioners, which gives power to the sttudiaaa to
make cella, and direct that they shall estimate the balance
due to or from the parish at the end of the half year, sad
make the call for the coming half year upon the bade of that
computation.
Mr. Welkin Willi Imo (Mr. Bovril with him) appeared for
the appellant, and Mr Le Breton (with him Mr. Huddle-
d* for the respond. nu.
The court, alit:chewing the argument, took time to con-
sider their judgment.

INOHAM V. PRIIIROBE.-JUDGMENT.

This ore was argued some menthe ago, and the oourt took
time to coneider their judgment.
Mr. Justin Williams now said that their lordships were of
opiates that the plaintiff war entitled to judgment. It was
settled law that if a person had drawn a cheque which watt
balite to be Issued, and had lost it, ce It had
been SLOW, and had Land its way into the
hands of a holder for value, who sued upon It,
tilers was ao answer to the action. The reason wee that
such negotiable instrument had by the law merchant become
part of the mercantile currency of the country, which cur-
rency It was very desirable should not be impeded in Its
circulation. In the present case the defendant made the
bill of exchange now sued on, and having rendered it tie-
, gettable tried in vain to get it discounted. Failing in that
object he untended to withdraw the bill from circulation, bat
it was afterwards put into circulation by another person. If
those wre all the facts it would be impossible to distinguish
this case from dune in which the rate of Ise he had re-
ferred to wee laid down. To free a defendant from liability
to an innocent holder the Instrument must be so cencellid
that the fact of cancellation was apparent cat the
face of it. The bill in question had berm
ton in two, but the pieces were afterwards
joined, sad the bill in that state wee fraudulently negotiated ;
and the question was, whether the tearing wee an sot width
prital facie indicated an Intention to cancel. The court
thought it wee not. The defendant having imperfectly can-
celled the bill, bad by such act led to the plaintiff becoming
the owner for value. The rale would therefore be absolute
to enter a verdict for the plaintiff for the amount of the bill
and interest.

SECOND COURT.

Sittings at Nisi Prins in Middles—(Before Mr. Justice
Crowder and a Common Jury.)