The Express.
London, England, 1858-01-20 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JANUARY 20, 1858.

Kato inttiligna.

EQUITY OOURTS.—.Luc. 19.:
(Before the Lord Chancellor and the Lards initials.)
x•htzeow v. 111ATOIL Or 11017TMAXPTOZ.
This ark la he mese* nem by vey pal
hen • deckles el Tio•-Caearlke &bet, bet limbsen
bow the Oath el Clammy b weber skim deo IS"
when IN wee Iled. The dila* et the web b lapse&
rwens et the wil MI Wary -.bier.t
-reds., and whalt Moe ale k
bbh. Rom ether things, bth the satilers
able te the esigatelwa of Bouthsaylea. i Irma, k the
rste=so to ant bellthag for the beeavellen ef ii.
fishes% boob, sad tesansal" these sonelabi el voleabses eery ru Wares( than the bar
te the dos ef his theth k Nay, 1866 sal ethe lie pbeent
et theemateme el mash putervatka the leder Is be soplkd
b the aiiwrf.set ef aims sod thieelese mist the diese-
l= ef the asposellen Seetbseebea Ths loth le W-
Estas the punk fray, dist the beellithe ere oen-
e the Meeradspoestbaasstwele; sernany, that the
to ths s of laiheaptan void on
the ground of its big bead to the perpetue•
fa of bihomy sad siestethy by the pressnstion
at the testator'. bools sal wemerbb disk me Mewl is
be estirely of that eiteateite ; mat Mrift, en the
diet the domicile of the Itekter at the emeathee of web wBl
ins in France, hi wbish awl his teleembey dispositions
are to be pureed by the kw of thed essway, which m-
ade. that one =lay of • table meet go to his
mas phi, win is this cue is hi. sae, vibe I sot named is
the

TheWies hod ad_ groessial it - M the rising of the
court to justify e haw revert %Cy
The hitetwoy-Oarrel, Mr. Ma Doom, Mr. Moline,
Kr. Wigwam, Mr. A:any" Kr. Mr. Obese, Mr.
Mr. Cole, Kr. M. Tinfler Yr.Claud, Kr. nob-
beerWitZr. Wellington Cooper, and Kr. °abase were anon
the counsel rogspd la the ore.

(Bohn Iffice-Chancallor Sir W. P. Wood.)
ter U THE 100HI1TILL11 OAILDINS.—WIRDIXO-171, •CT.
Thin who a petition for bringing this riceptay under ths
apestion of the Winding-up Act. Tits bane occupied •
great portion of fiattuday and the whole of yentsrday.
The Vice-Chancellor now gave jodginsall. Be said the
peados was presented by a gentleman who repassed Mir
elf as holding a considerable number of thews, lava= SOO
sad 400, sad the petition was premiled ander thenmeameas
altiebpdesa facie would give him • she shit at wheeling
sp. He steed that lie was am alas dame= a& tees=
el the arapssy, and that ha, teed= with suet men pa-
theme rthe was now
_suparhate as this peelletstra
==idaste he lone•• last lie, big thus
hestub
hr poidiand path the VON. ; that
be mode • en tiedemosow he
Ilt= net then ample with, sad tea be e
deka, the Seel* the empay had set sum led"
mejailin
baseme, &Ns ware meads heavy debts and
easeen heepthie ssesdag. Now prinsate=the of
would bs a very clear awe, but it we ea *-
by
MN of a regimen aimed reed
ether repanhab, two of them ate bad
jeled he this as* and who wen Mails he mere
=thjits whimper. Mr. Jones's tam yes one of eassider-
athe isie Hs stated that so kag ego Oa 1838 be was
the Mewl remoter of this seisms, that he was unjustly
=t• begs samba of tiara by the pressot petitioner
ar el
s, sod that he was pat * • legstisa which lasted
kr SIMS peers, which neolted hi • there restoring to
dm the thane, bat dozing that time he wu debarred
hom awakes his rights as a shareholder at the meetings
el the cempay. lie (the Vice-Chancellor) could not seam
the dews wee any misconduct on the part of the directors,
ss no tests went given in the dames, nor were the directors
moved, as reed by the bill; nei*sr was there any app-
etites Evelng lb* visit el! that time kr ea thlanotka re-
stadia thie hes beg say partied/sr act, am bad there
been we amok applied= taring the three years which
bed &peel the the Is
Mr. Joao said tether that
be we oboe elle aMS for ea airesant, sad the then were
certain charge d an improper alms= agethell the easter&
First, he quelead the right et the plethear le say mbar=
end farther he mid the tie seam was not haesheat. The
court was passe with • ere betas Lard Codger= who
held that if • penes paid say debt of • eampany,
unless that amend was Mid& within • sae= time
theyerson se paying and debt he the = we
untied to his petition. That is fah as the led sane *-
spinney is the sampan,. The owe ithestim, heemeldewl,
ems miler that ease. In the tee bare him the al
bed elves been in difficulty. With the easselen=
wise, when they paid a dividend of ifs. • doe la OW
%el paid so dividend since they had bass Of 'Naha.
ta =at of mosey in 1844 Mr. Mayhew, the
Mr. sad Mr. Chadwick epee to advisee r=
I UMW Antanier, sad the bank adveased 8,011111. ea Hair
security. hemmed, befog lAA Ira Is new 1,1001. et
this, the megsay weds the
ign,hillts wee& fie,
pay it. Was he to erieme, dist doe erapea wee ta •
eared der ? They led two which
however wen ear • sealimeis , MOM-
over, woe el • speedithe dr neer, and they wigged
the perldeare es red ea the merit, of that pro-
-110 d the gainer bid • right to
say hs wenet anal& with list The esielmee of the
debt had been asm&ires queedeeed airtime, bat he most
wry then we • pi= hole ous &ewes this to be an
heart dela, satiate demos any
_Emotion that the re-
=A might be advised rates. He thought that makes
to
den the petitioner, whet be led proved on be-
loafed the , sad the seem of the petition wen
reed, this mat he an ceder hr winding up ; but at the
' arm ether ids prat harts; ea inquiry se to
Mbar at not ads debt wag des to this emeses* they
add see be deprival et IL Thin mat Alter be ea tyke
&whir for whaling
he of
the respoisate wheeler tineeras aw Mt In. to the go-

Mr. Daniell, who "peered ibr the respondents, observed
that theirs had been no time fix communkation with his
clients, who, be thought, ought to have time to consider
Was sh, a dr= to accept sn offer of compromise
by in
Aber elms Sinmeiree, It was arranged that the matt*
1111111 id Idled seer du Saturday. The order for winding up
then to go, or:it= to be made as to the petitioner
dal, ankle accept the offer of Mr. Mayhew to
cify. the I, ~ and the costs of the petition, and Le-
him spend all claims on amount of the company
by giving up all his shares and claims on the company.
Mr. Roll, Mr. Cairns, and Mr. Roxburgh in
sapport of the
ts.petition ; Mr. Daniell end Mr. for
the responden

COURT OF QUEEN'S BENCH.--JAN. 19.
(Sittiap at Nid Prim—Before lir. Justice &I. and
Common Juries.)
10111X1/11 01 TIM COVIT.

lita lordahip dated that \a would not .it on Mcaaday next.
EAIT V. 1110C11 -RI:XXING DOWN CASE.

Mr. Berland Perry and Mr. Thompson were counsel for
the
Sir plaintiff ; Mr
t.. Illerjeant Shoe and Mr. °Ward appeered
ths dehmlen
Thts ration um brought to MOTET 'I yldllo of mare
which bad sustained fatal Injuries through the negligence of
the dehedint's servant.
_ _

It appeared fres thervideace for the plaintiff that he is a
publican in the Westminster-road. On the 11th of August
Ist he bad some banns. with Messrs. Defeo and Bon, In
Houndediteb, and drove down in his chaise, accompasied
by hie father. He got out and left the chaise standing at
the door with his father in it. When be moo out he found
that hie !Sher had got down, and at the moment he saw •
cattle cart, the ropey of the defendant, who is a slaughter-
use, cocain along at a very rapid rate. He called out
to the driver, who, however, took no notice of him.
He then Yea to hie manes head and caught the bridle. The
cart caught the chaise and overturned it, and the mare was
so tightened that she broke away, drauMg the chides after
bor. 'Whim she was stopped it wee found that she had we-
blase very severe injertes. and a veterinary signs directed
that she should be destroyed. The plaid/bad paid raforbw,
but would not have taken 401. The chaise was knocked to
pions sad the harass broken. When the defendent's ass
wee asked how it occurred, he mid he could not help it. He
appeared to be half asleep In his cart. Other cattle oasts
which ware bets him bad pared the chaise wifely.
The owe for the defence wee that the curt hed never
touched the chaise. The men was left totally
and she wee frightened by the home of • bullecknemal=
off. After she bad gone about twenty or thirty yards she
rut against the kerb, sad it was only then that the chaise
was overturned.

Gravesend, sad High-street, Dartford. Tbe adjudication
vim mode on the psNw of Mr. Marl. Jeha
suotiomesr sad .Weirs odor, of Harmsr-strest, Onnisami
sad the set of boalusptsy vas proved by one of Kr. Sadtifs
dirks, 'be ea the 17th of Dimmable mast to the beak In
Onomesad to get cash for a cheque of Mi., sad food the
doers of the setablishoosat with a modes outside
atatisg that dory bad bees ens to saspend payment.
Tbe debts are stated at 30, . uasecared, sad 20,0001.
sterezeL
elattstt. The amount of assets cannot yet be accurately

Mr. Hillary, who appeared for the benkrapts, asked that
the INTINIfiNt of Jonathan Hills, who was very old and in-
firm, night be takes at his house. He had a oartillaite from
Mr. Warns, forgesa, of OTIMIllid, stating that hi
was die medied attaident of Mr. Hills, who was very old
sad fans, gala amble to walk any diatanoe, and thee oily
with anekaoscre He weld not travel to London without
danger to his health.
H. Lawman for the assignees, had no objection to the
applioadoe, subject to the oonveaienoe of Mr Huila, the
legleirer•
As ardor was loads accordingly.
Mr. Hi teary asked for an allowance to the bankrupts of 41.
a week to the younger bankrupt, who was the acting partner,
and 31,a week to the elder.

objection to that amount of allow-
ance being made, subject to prior
Mr. Graham, the official ateigu2,m27 that at present the
semis in hand only amounted to 4001.
His Honour sanctioned the allowance up to the date of the
nomination meeting.
The kollowmg creditors were chosen trade &soignee. ; Mr.
William Fletcher, coal merchant, Gravesend ; and Mr. Wm.
Allabfarmar, Dartford.
to the amount of about 9,0001. were proved at this
Ada
Ao allowance was made of four guineas a wen to Mr.
Hobert Hills, end three camas a week to Mr. Hills, senior.

(Before Kr. Commissioner Hoiroyd.)
TX TIIII HAUL,-THE ROAHRYVILLE HOTEL.

The baskrapt, Edward Biker, kept the Rosharville Hotel,
am Gravesend. This was the sitting for proof of debts and
chino of amignass. The debts are only 2,7001., and the
amen ars exported. if welt realised, to yield 2,0001.
Mr. William Winuatt, grow, and Mr. James Fagg,
butcher, both of Gummed, wars chosen trade &Wpm.

INSOLVENT DEBTORS COURT.—hx.I9.
(Beton the Chief Cammiiketer.)
IN AI IDWA2D JOIXIIOII TIMID.

This inielvent, who applied sada the ProtaMoa Ad, wee
opred by Mr. Reed aid supported by Hr. Bargood.
pow MOM in the mto atoond petition. la
1844 nee insolvent obtains' s order under the Pseteo-
tion Ace. In 1847 he was a bankrupt end obteinsd his
certifinde. He had since bees a clerk, and latterly to Mrs.
of Aldersgshastreet, who carried on the Waimea of
her khebemd, a slue merchant.
Mr. Bead itifted the point whether there mid be a
mooed roteetien petitka.
The Chief Commissioner meld he wee clearly of opinion
that there could not be a monad protection petition whilst
the first wee pending, end the certificate In bankropet7 in a
subsequent matter made no difference. He would go on
with the mos, end an application could be made to the Court
Bankruptcy to Oohs the protection petition filed in the
year 1844.
The owe proceeded, end occupied some time. It wee ulti-
mately adjourned.
(Before Mr. Commiadoner Murphy.)
nr as SiXlllll. /AIMS EATNIS.
. .

This ineolva,—wirWscaTsrnsrsprriaZi Imam 00C••
atr.al=d6l•4lllrlbs We =with of London sad
Midday:, Mars. Medd sad Lea Mr. Reed lappets&
It appears that a aeon meal Rana lag= ea
action against ease Hinwoed, al the hooky eat, b, Mr.
Grape', es attorney, ambit ea NM= sat the sear
!mile ma, it was allegel, Is dist the Ira ebbs. The
bewever, pad the lea ateentioe. sad the lame
What mesh The leer ust tha aught ea =lea
pia the AMR; he the Mllirease, and wee asasaltsd.
The =eh of the ea* VIM 14OL, sad easy spa= as the
pee= of • pot fah The insolvent's ea was that
was a daps la the bras se Grayson sad oda, who bad
oesemased the law preetedhas without his authority. Oa
the sear bind, Mr. Gra produced a retainer in the first
aka by the sad the lasolvsat's examins-
tiaa ea in the shah* aka wee read, in
whlsh he he was the plait He now as the
slam Tr lap= is bleak al thet he ad to write his
um ea paper as he had lean. The insolvent sad his
Mkt (both heirdraers) were examined es to the debt by
aklllloll. 11011 esatnatery
Me. Oemeadeate Marshy alabeam
the shah had deal quite
right is swag sal eapsehe the fah He wee al opt-
ima OM thin hese perjury sad • 00I1He
weal =bait the case es to -Yr. ammo to the Incorporated
Lew thicialsr. The leeslat had gra • rata an knew
of the peuesdbas. The jalopies of dr art was eighteen
oda=
shalt. meads for frandelsedy sealreedes the debt with
the

' Kr. Corn* mid it seemed to him at if the application was
motection inP ade too early. What progeny did the applicant now claim
pr
The Int els had Jima", and other va-
luable atiatvalishilsr lantmad woe as likely as not, if he
limn, ft, le mime sad Won He was Ole aphis al 'my-
th* el the t.
Mr. Caplet mid the wee of the act VIM SW a megletrate
°cal_ tive a protedlngerlar to the trap bar bat arenlop and
acquired due the canuninememt et tan doeurtion.
Ralnithia cam It did net as UM the mama ao-
=danYtkiut et kr awn fabintry Moe bar kmbend had
her. If as went awl pandas** ler teralos, be
would then grant hat ea ceder.
The applicant MI the bared to do that. If her Maud
hoard that ehe perehmsd anything, he would man airetedly
raters and take it.

Mr. Carrie ranerked that 'bother question arose before ha
Inds the orisr, end that was Whether Me boatiend Torrid
sat be moot He them Medved of tbe loppileent wbetber
as knew where Mr benbend now was, and wbetber she
woad Mut him to be inevel with a earenene to be present
when the order wee ask so that be aright to able to air
any °bleaker it be hal my
The appalled mid thei.ebe Wow Tilers her husband
now wee, bet
be not Mos MK hat.
Mr. Carrie add be iinwid not Ilhe betakean order with-
out the bambini wee Mere. Pietism however, It wee In-
tended that the oder abseil be wads Met, sad then for the
haatend to apnea If be thee.* Had the appli-
cant say erdi brides basalt a tbsproper. amnion of hot
hmbla

able
mad fist she
Whit
number et respect-
able viewer, but Off vire not that in mdendenee.
Mi. Con4s oil ebe had latter bring them, end then h.
would Ns shoat tin aim
_ _ _

-ribe 111111111•Wi 17140fitilliald id• worship for his eaten-
Mind, swim it wadi as redly bring forward

LAmaars.

Mr. Samoa wiled to Mr. Ma Ihr an order under the
21st elms ed the Mel sal UM Vittoria, c. 86, commonly
called ale Dimas end l4trisemiml Causes Act, to woad
his came spiel ler lembend or Ids creditors in any po-
orly els mag lave aerial ante the desertion al tie
forum er may baswiter swim
Mr. 'Seamen aid Ids desk Mn. Lacy Freeman, had
been medal MI the 14th of Ilistear, 184 it
le Mr. Join foals lressra, but on thsDUalt:
date, it lastead dosed her, and had neva duos
raterad le, sr eintribeisi la my way to her sop
MLs
aMe malt of March lea babad
asa hm& to this man as a chirp assaileg
Mr wife, sal
bl the thaw laving Ilta boa elsedi
mead egoist (dm besbmd) vas armatell Otos I
tar 21 disys Isr desertion. Mis 11=111E16E4 led net the
allot a lamella Ms Masa bask, mg rasps wee
thet heat Jim% MS, op to thebtloes, lb& Freenian
tart
by bar own ; as It was the
=tar Made M mit end get Inte beinets, she
figural es ads as the die meat larbraty from
tar atabend, sr hi mall= eisift...trador
Mrs. Fresmen, a mansa, Mire
sworn, and corrobtesaingiCiale.amist ellior She
also tad that since the diamailm al bar Embend elte.mas-
abed herself by dressetaklag, end Mr Maids wee about
to salt ber M got into babas.
. .

—Mr. lilliotthiVingTrod through the claws in the act re-
ferral to, granted the order,—the Ant that has been granted
tinder the statute.