The Express.
London, England, 1860-11-27 00:00:00

*NE Vain% TUESDAY EVENING, NOVEMBER 27, 1860.

remind tug very closely of the humorous expert
ence of the Pickwick Club, especially where
they find a stray horse, and are perplexed what to
do with him. The woodcuts with which Mr.Orow-
quill has illmtrated the text are extremely droll
and clever. It lea laughable, extravagant piece of
mock biography, which might go near to touch
some of our own pundits, as well as the sham sages
of India, with its derisive wit.

late inttillgence.
ZQUITY COURTS.—Nov. 26.
(ron go Lad Manedlac)
HALL. LOVA=

This was an appealhemtie Masts of Rolla. It ap-
that by a posteuptial eintiessent, dated September,
113111,dead mode between Prededek Theme Haswell and
ninetieth hie wife of the one perk and the trustee of the
other pert, the yam of 4,4001. 111111 eseigned to the t
upon trust, to y the interest to the husband, wile:ziseseA
until he should became inexteent, er ssW his death, which.
ever should line happen., and 'Harem heppeobeg of either of
such even* up= trust to pay the interest of the fund to
the wife for her life ; and after the determination of the
several trade therein bean eroded, upon trust for
the obikkee either maids" se the survivor should appoint;
and in ddault of appointmeot, from and after the severed
demons of the husband and wife, or the sooner determine-
tion of the interest thereinbefore limited to them re-
spectively, upon trust for the children of the merrier
equally. The husband became insolvent, and the wife after-
wards died in the lifetime of the husband. Under these
circumstances the Master of the Rolls held that the power
of appointment given to the husband wee extinguished, and
that upon the death of the wife the fund was divisible
among the children of the marriage an in default of appoint-
ment. The husband appealed.
Mr. Selwyn and Mr. W. Faster appeared for the ap-
pellant ; Mr. R. Palmer and Mr. Hadrian for the children ;
r. Lindley for the children of the deceased child ; and Mr.
G. L Rumen for the teeter. _ _

The Lord Chancellor mid that no eatidaelory
answer had been gives by the appellant to the quer
Lion sa to what state of things would arise between
the death of the wife and the armies of his power
by the husband, or bow he could be oompelled to exercise
that power oil the death of the wife. There was no pro-
vision made is awe of his not doing so ; end as he wee of
opinion that the property had vested in the children, the
decree must be aed, and the appeal dismissed with
costs.

(Before 'Aar(
DOVICICAT.ILT V.

811 W. F. Wood.)
MB COLLIES BATTS,

This iine;;Ziu;iiititiaiby the well known and
motor for the purpose of reelesining the defendant from
performing at Theatre the second scene of
the third ma of The Coffees Born, now performing at the
New Adelpid Moab., Loudon.
Mr. Southgate appeared in support of a motion to restrain
the defendant in the tonne preyed in the bill, as stated
shove.
Mr. Everitt, for the defendant, was instructed to submit
to the injunction. His client was not *ware that he was
infringing Mr. Bourcicault's rights, and now that the matter
had been brought to his notice was willing to do what was
right.
The motion ware therefore treated as a motion for a
decree, and
The Vice-Chancellor deoresd a perpetual injunction
against the detasdant.

COURT OF QUEEN'S BENCH.—Nov. 26.

Battings in Busoo.—(Before the Lord Chief Justice, Mr.
Justice aod Mr. Jostle° Blackburn.)
. .

. .
This was the lad day of Michaelmas Term, and the court
was occupied all day long with motioos, not one of which
scarcely presented a feature of general interest.

THE POSDIESB OF THIE 0001 T.
. -

Yr. Loah,Q.C., moved for a ral;;alling upon to show
cause why a quo warrant° should not issue, directing him
to show by whet authority he exercised the office al clerk
of the peace for the okty of Rochester. The gentleman in
question bed been appointed to office in 1861 under the
provisions of the Municipal Corpoistion Act, and bad exer-
cised his'iluties down to the present time. But in the
course of this year a report of certain proceedings in Chao-
eery having appeared in the newspapers, the corporation
were induced thereby to make inquiries, which resulted in
the discovery that the town clerk, in cocjunction with his
parther, had been charged with embezzling certain trot
funds, and that they, itting they had misappropriated
the funds in question, had had a decree proacetheed spirt
them. Upon that Mr. Heywood, the town elerk,wee celled
upon for explanations, but he, awaiting to attend, was re•
moved from office, and another gentleman appointed in his
stead. At the ensuing quarter matioth both gentlemen ap-
peered in order to perform the &dies et town dab ; where.
upon the Recorder wrote to the mayor to the effect that as
he did not consider the town enema el the borough hid
power to remove the clerk of the peace, be should require
Mr. Heywood to be present on the Monday following. The
remit was a very unmanly collision took place. Now the
statute, while by the 103rd section it gave power to ap-
point to office, clad not say who had power to remove from
office.

JUIIIOO Rill—The section mys, to hold office " duriog
good behaviour."
The Chief Jeatiew--Surely them, the emPerotien, having
power to reeds ID edam doling pod behaviour, Nave power
to remove whom INN eeminey la proved. You may take a
rule.—ltsis ail pada

3:11 MB MITSUI E. LISA BURL CHAMBERLAIN.
Mr. hada Eli eared for • rule calling upon the
Wan Ormiliaa Railway Grammy to show cause why a
was should not leensoommanding them to transfer •
▪ of NOE Six per C. Preference stock, now Wending
in thalweg. in the maw of Anne Jones, into the name of
the ambient, aa well as the divideodi accruing due 011 the
IMO ion the let of April, 1866. It appeared that Anne
Jonas, 'oho waa an old lady, used to go to •
stack
ateekbrabsr, and get him to purchme railway t
for bar, and lauiwise receive the dividends from him.
However, as she ceased to make her appearance after 1866,
and as some dividend. had become due to her, the broker in
question mused inquiries to be made regarding her in the
neighbourhood of Islington, where she resided. These re-
sulted in the discovery that her name instead of bag
Anne JOIN. was Anne Chamberlain Hotels, and that
instead of being • .plaster as she bad damn herself, she
was • married woman. Mrs. Hopkins had died only three
months subsequently to her husband, and the applicant,
who was their daughter, had not ally taken out letters of
administration to her mother, but Lad been appointed
executrix under her father's will.
Rule nisi granted.

II ARLIT COIRANT V. THU ("ITT 1317.411

In this ease, which involved the right of the plaintiff■ to
charge a different rate of to ting° upon passengers landing
from different steamers, their lordships having taken time
to consider their decision,
The Lord Chief Justice now delivered the judgment of
their lordships, which was in favour of the phintiffs, who
had a perfoct right to vary their rate of tollage as much as
they pleased, provided they in no instance exceeded the
maximum rate preaerihed by the act of parliament. At the
time the Huugerford Market Company obtained their act.
nothing had as yet been heard of the equality clause.
The unal pronlamation, adjoi te until tne
Lt day of Hilary Term, the 11th f January, was then
mode, and Yielmehom Term, 1860, concluded.

00IIRT OF COMMON PLEAS. —Nov. 20.

Sittings in Banco.—(Before Lord Chief Justice Erie, and
Justices Bylee and Keating.)

DULLYER, ATTILLANT, V. NORTIM, UNPONDENT.--SHARN-
HOLDIFJOI IN JOINT KTOCE CONTANIRS AND TDB MANCHUS.'
This wee an appeal from • deciding of • revising barrister.
Mr. Justice Keating, in delivering judgment, said that the
Irate sent up stated that Thomas Brown claimed to rate for
the Wad Bidimngg of Yorkshire in respect of a qualification
which was de. ibed as "a share in • freehold null and tene-
ment ;5 and the revising barrister found that UN sham of
the claimant wee a share in • point stock company, and that
the claimant bad • 40s. right in respect of his share mining
out of the freehold property. It was contended that shares
in • joint-atcok compasy did not entitle • party to a vote,
and the revising barrister upon this ground decided
spinet the claim to vote. The court thought that
he was right. The Joint Stock Companies Act pro-
vided that, upon the incorporation of • company
misled by the regietrar, the shareholders
shsald be • body corporate having perpetual sueceseion and
• comeen seal, with power to bold land, and that the shares
should be personal and Dot real estate. The court was of
opinion that the shareholders as such could have no free-
bold estate, legal or equitable, in any lands so held by the
emsapany, and that their interest was confined to proper-
, Renate shares in the profits of the company. The resolution
of the Home of Commons in 1624 could not, of course, de-
prive a party of a right of voting conferred by statute, but
no far as it applied to this own, the neolutioa appearedto
be • sound ..laratioc of the law, sod it showed impresaly
that members of such corporations had not been in the
habit of voting, and that the opinion of the court was the
one which had for long been entertained.
Ltecision affirmed.
cixnaann S. ORLIDI.—TROMDIR TO TAT.

The pled in thin nee stetoclth;tii coeis.derstion of
the plauitiff sbuduoieg certain ohm:very proeudings, the
defendant promual that be would—out of the first lar
to be yid from Mr. Wawa, of Parliameut-streeC
respect of his skim arisiag out of the Bahia contract—hand
the plaintiff NW., and elan pay him 10 per cent. out of any
further sums received mail the por iceutege should amount
W 1,300 i. The defrodant In fact uoly received ow pap
meat of 'i,nocv., sad tbe question raised upon demurrer was
whether out of Ode he cone Nand to pay the plaintiff the
6601. only or the 1.3001. ID addition.
Mr. Justice Ryles arid the court was of opinion that the
6001. skits me payable out of the 11,011111.
Jripesat for Lb, ilsiaillset.

COURT OF EXCHEQUER.—Nov. 28.
B%thy is Been—{&fors Loot chief Boron Pollock, sad
Barem Draw, ell, Clianosil. sod Wilde.)

MAMA v. TSB SWIM owner 1114/LWAT.—J unarm?.
la al owe M Ma war applied tor W rat midribs veld et
aad for a sew 1,14 as the gruatal that the verdict was

against the 'eidetic*, and also spat the ground of =Minutiae
by the Lord Chief Baron, who tried the asse. The action
WY brought by the plaintiff to recover damages for various
injuries received by bin, on the 20th February last, when
travelling on the defendants' line of railway from Cam-
bridge to London, by reamon of this the of one al this biding
wheels of the engine break* down, owing to • flaw In the
weld, and which it was admitted at the trial must have
seated since the time when the wheel was first manufac-
tured. The jury, after a protracted trial, found a verdict
for the plaintiff, damages 2,000 i. The train was proceed*
towards the lettanham station, when the engine wee oh-
served to mem= nolentl7 and then run off the Bus
as to the all beton it aid Nide
iwg the triiireaQt, se tea est some
were killed and others astreatiylnkned, The was
se seriously injured that lee of biz tap had be ankr,.
Mod. The question tuna epos the scandons of tee
wheel, sod whethie. edleisei care and caution had Ism
mod by this to Most any flaw.
The court eslosed the rel..

IN 111 17011P6011.•

The Lord Chief Heron delivered his judgment in this
case, in which the earl differed in opinion. He said this
was an application en Wulf of the prisoner William
Thompson for • babes. corpus, with the view of quashing
the conviction of two magiatrates, who sentenced the pri
soner to six months' imprisonment in the House of Cor-
rection at Prestos. The commitment stated that William
Thompson, of Osweldtwinle, in Lancashire, the manager of
a cotton factory, was, on the information of Susannah
Taylor, charged that be did unlawfully arault and
abuse her. The justices found the assault to be
proved. and of such an eggreosted eaters that it could not
be sufficiently punishable and thee Gen IV., o. 31. They
had therefore convicted the prisoner wrier the statute
talin the sixteenth year of the raga of her present
ety, "An Act for the better prevention and
meet of aggravated .aura upon women and•
Now, it had been conteeded thin the somediment was con-
sistent with this ; that it wee an esinnit with the intent to
commit • felony, sad thet tho spegistratee bad iction.
In his opinion the unghinhee had not jurnd in de-
ciding the nee nimminey, kr the melee an the women
wee • violation of her end as ma wee • hinny.
The prisoner wee therefore in his opinion entitled to have
the rule made absolute.
Mr. Baron Bramwell end Yr. Berea Chaim!' took • ooe-
trary view, holding that the rule should be discharged.
Yr. Baran Wade fully concurred in the judgment of the
Lord Chief Baron.

The court being equally divided the rule was discharged,
and the conviction 't d,.
WEIGHT V. HALE AND ANOTHER. —TVS NEW ACC ON COSTS.

Thu wan as action triedbefore Ilr. Baron Bramwell
during the present term in which the plaintiff sought to
recover from the defendant compensation in damages for
having seised certain cows, carte, tcc., under a bill of sale,
and in which the jury returned damages of 40a. on one
count and one farthing on another. The verdict having
been returned the learned judge certified under the 34th
see. 23 and 24 Vitt, a. 116, to deprive the plaintiff of meta.
The section of this act enwele "that when • plaintiff in any
action for an alleged wrong in any of the superior cowls
shall recover by the verdict of a jury ler than U., he shall
lot be entitled to recover or obtain from the defendant any
eosin whatever, provided the Nap at once proceeds to cer-
tify on the record."
Mr. Hawkins (with whom wee Hr. Cave) now contended,
in showing muse spinet the rule, that the act applied
actions after the act came into operation, whether the action
was commenced before or after its passing
Mr. M. Chambers, with whom was Mr. Begley, urged that
the act was not retrospective, and therefore could not apply
to this action, which had been commenced before the set
came into force.

The Lord Chid Justice announced that in future the
court, following the example net elsewhere, would proceed
peremptorily with the peremptory paper on a certain ap-
pointed day, namely, the first open day after the four firet _
days of term. TheTr lordships held that Baron Bramwell was right In
Yr. Borth, Q.C., said the bar were mach indebted to his hie construction of the law, sad discharged the rule.
lordship) for such an arrangemeat.
Sir F. Kelly considered the new regulation would prove RitMaga 24iti Priar--(Before M. Bares Martin arid
• most salary one. Common Juries.)
II PARTS ten TRILASUUSI OP TRZ CORPORATION OF VAIGIAN V. HARP/T.—ALLIS= WRONGFUL IMPRISONMENT.

The declaration stated that the defendant had caused the
plaintiff to be apprehended, taken before a magistrate
without reasonable and probable cause, and charged that he,
being beillee of certain fish, had converted them to his own
use. The defendant pleaded not guilty.
Kr. Serjeant Salentine and Mr. Scotland were conneel
for the pkintiff ; Mr. O'Malley and Mr. D. Keane repre-
sented the defendant.

It apie-ered that-the defendant carries on business at
Yarmouth as the proprietor of fishing smacks, and engaged
the plaintiff, se master of one of these smacks, to fish for
sir weeks in the fishing pound.. Aooording to the ea-
deece of the plaintiff, he was, in March last, when five
weeks had expired, blown by a gale into Deal, and even-
tually he put Into Ramage" where he sold the fish co
board for dl. 10a which be converted to his own nu,
died although he &dial that the rule was, that fish not re-
turned to the er should be thrown oazboard acid not
sold. He wan a new mast, which he ordered, and tele•
graphed to the defendant, who came down and abased him.
The defendant had afterwards given him in custody for
selling the fish and then convertrag the money, which he
had expended, to hi own one, and the charge had been
die:asstd.

For the defendant it was contended that he bad reason-
able and probable cause for giving the plaintiff into
custody.
Mr. Baron Martin directed the jury that there should be
a nonsuit, and that the plaintiff should not lave gold the
flab which should rather have been thrown overboard.
Nonsuiteal accordingly.
Shortly afterwards Mr. Berjeant Ballantine moved the
full court to set aside the noosuit, ou the ground of misdi.
reetion ; but their lordships refused to grant • rule.

COURT FOR DIVORCE AND MATRIMONIAL

CAUSES.—Nov. 26.
(Before the Judge Ordinam Yr. Justice Wightmist, aad
Mr. Je Williams.)
SHEDD= AND SHEDDEIf o. THE ATTOBEET-GENXILAL AND

PATRICK AND PATRICK (CTfleD TO UK

The Court declined to receive the copies of deeds ten-
dered on Eisturday.
Mr. Bolt, (4 C., then summed up the case for the parties
cited.

Mr. Bourke, in the absence of the Attorney-General,
stated thet he should not, under the circumstances, think
it right to interfere between the litigants.
Yr. Collier, Q.C., replied on the whole cue, and was
etlll speaking when the court rose.

COURT OF BANKRI7PTCY.—Noy. 26.
(Before Mr. Commissioner Gou
111 RE HICORN.—" PZELefI COFPU.RoUIL"
This was the sitting for choice of assignees in the matter
of Neville Brown, who had kept the well-known "Peele's
Coffee-house," in Fleet-street. The liabilities are stated ►t
5,000/. ; amount of swots uncertain ; it appears that the
bankrupt had, in March last, executed a bill of sale over the
whole of his property in favour of Mr. Thomas Johnson.
Mr. N. It. Forster, London agent to Messrs. Mimi" and
lion, was chosen trade assignee.

INSOLVENT DEBTORS COURT.—Nov. 26.
(Before the Chief Commissioner.)
IN BIAMA
- .

In thin case, which had engaged the atteotion of the
learned commissioner for two entire days, judgment was
now pronounced.
Mr. Bicker Garton opposed for • creditor named Somers,
and Mr. E. donee fora Mr. Ifyina Several other creditors
appeared in person. Mr. Way supported the insolvent.
The insolvent had foruierly been a loan office keeper and
a general mercbaot in Great Prescott-street, Goodman's-
fields, and latterly at Manchester, an exporter of goods to
the dips of Good Hope. His debts were 1,68.31., and him
credits 9051. The complaint against him was that be had
concealed and made away with the goods he bad obtained
from his creditors.

It appeared that!in 1857 the insolvent returned from
Australui, where he bad made some money, and in 1859 he
wee a loan office keeper. Subsequently he went to Man-
chester and exported goods to the Cape. In the first four
months of the present year he obtained goods to about
1,0001., for which he now owed, and the question was whe-
ther he had accounted for Hie same. hie alleged that his
accounts with the Cape were closed before his arrest is
June, and he also alleged that he had lost some papers of
his transactions by an execution which had been levied In
his house in April. He had bled some books of accounts,
which had been inspected by the creditors. The insolvent
alleged in his proceedings that be had paid a George Cole-
man 100 f., and that person proved that be bad received no
such sum.

Mr. Rinker Caareen complained of fraud on the part of
the insolvent, and that the books filed had been fabricated,
Winder to deceive the creditor.

The Chief Commissioner reviewed the principsl features
d the case, and weighed the evidence given. He was clearly
Cl opinion that the insolvent had not accounted for his pro-
perty. It was no novelty to hear false statements in this
court, but it was a novelty to see a ledger prepared with
the view of supporting such false statements. The judg-
ment would be for concealing and making ►way with pro-
perty, and for making false entries in his aetount-book.
The court gave a judgment of fifteen calendar mouths
from the vesting order in August last.

ham been °omitted. According to the evidence of the
complainant, she went to the defendant's shop about one
o'clock in the day on the 18th of October to take home a 'me
work, end the defendant told her to come again in the even-
ing, ea be should have another job for her father to do. She
wed at the time appointed, and she stated that the defend-
ant bet asked her whether she would allow him to kiss her
if he gave her sixpence, and he then, according to her evi-
dence, gave her sixpence and kired,her, and proceeded to
take other indecent familiarities with her. statement
of the complainant wee confirmed to some extent by the
facts that she told • little girl the same night that the de-
fendant bad behaved improperly to her, and she also refused
on the following day to go to the defendant's shop ; and
being asked the mason for her refusal, she told her mother
and father what had taken place on the previous evening,
and they obtained a warrant, and the defendant was taken
into custody. Upon his being informed of the nature dthe
charge that was made against him, he admitted having
kissed the complainant, but said it was with her consent,
and he denied positively having committed any other as-
sault upon her.
Mr. Rattails made • very able speech to the jury on be-
half of the defendant, and he called witnesses who were
near the shop at the time the assault was alleged to have
taken place, who contradicted the evidence of the com-
plainant in some particulars, and who also stated that they
saw her in the shop and observed nothing improper. A.
peat many sssosotable witnesses, both male and female,
were also called to speak to the defendant's character, alai
they all described him as being • very moral, well-conducted
young man. It also appeared that he bad only been married
very recently.
The Recorder having rammed up, the jury retired at four
o'clock to consider their verdict. They returned into court
at • quarter-past five, and found the defendant Not Gailry.
There was some applause among the audience when the
verdict was returned, but it was promptly repressed, and
the Recorder threatened to punish any person who was
guilty of such indecent conduct in • court of justice.
The defendant was ordered to be immediately discharged.
Robert Ernest Graham, 35, • gentlemanly-looking man,
described as a clerk, was placed at the bar to plead to a
great number of indictments charging him with stealing
Leantrell Lewis other 4 art',
his master. otfe).ewellieirsyjirhisoen:riValty was ag
charged upon other indictments with obtaining various
articles of jewellery from various persons by false pretences.
The circumstances connected with these charges lime
" =very fully within the last few days in the Guild-
cc report, and it will be remembered that the total
' value of the property alleged to have been stolen by the
prisoner was estimated at nearly 2,0001.
The prisoner, when called upon, pleaded guilty to the
whole of the indictments which charged him with stealing
the property of his master, and not guilty to the other
Marge..
Mr. F. H. Lewis, who was instructed for the prosecution,
applied to the court to defer passing sentence for the pre-
sent. He said that • great maul pawnbrokers who bad
possession of Inge quantities of ble property wee not
then in attendance, and it was necessary that they should
' be, so that an order might be made upon then to deliver
up the property that was in their bands. He said that he
also wished for an opportunity of considering whether it
' was advisable to proceed upon any of the other charges to
which the prisoner bad pleaded not guilty.
The Recorder acceded to the application.
itheerd Collies, 24, private in the Royal Artillery,
pleaded guilty to • charge of wilfully and maliciously
mattes fire to • stack of hay, the property of Samuel
Russell.
The Recorder, in paring sentence, said that the prisoner,
after having committed the offence, went and gave himself
up immediately, and said that his object was to be sent out
of the country in order to get out of the service in which he
was employed. lie would, however, be very much mis-
taken. for the ppatice of the court in such came was not to
send the offe der out of the country, but to pass upon him
• keg and severe sentence of imprisonment, and lie would
find the condition in which be would be placed much worse
than that of any honest service in which be could be em-
ployed. He then sentenced the prisoner to be kept in penal
servitude for ten years.

Wuhan Johisein, 44, and George Burdett, 27, pleaded
guilty to a ahem of NJ/glary in Rio dwelling-house of Ro-
bert LWord, with intent to steaL
The Ressorder sentenced Johnson to sin yews' penal ear-
vituda, and Burdett to 111120 swathe bard labour.