The Express.
London, England, 1850-01-19 00:00:00

latv lintelltgence.

EQUITY COURTS.—YorrERDAY.
BIZOLI TIM Vicc-Ca.a.nctum OP ENOWID.
Ix 11 J MIXT. —APPOINTMENT OP ♦ GUARDIAN TO TIN

INFANT DAVONTIR OF TEE LATE MR. JULIET.

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The late Mr. Jtrmy, the Recorder of Norwich, whose
melancholy death has caused so muck excitement in the
public mind, had appointed his son, who was murdered at
t►e same time with himself, and another gentleman execu-
tors of his will. Tae surviving emu! ir having renounced,
one of the daughters of Mr. Jermy cad taken out adminis-
tration to his effects, and a question was now raised upon the
petition of another daughter, an infant, as to whether such
admiListrwrix was a pryer person to tarry out the trusts for
maintenance In regard to the petitioner, or whether it was
, necessary that a gn.rdian should be appointed by the court.
Mr. Bird appeared for the petitioner.
The Vic:-Coaneellor considered that the personal trust
given by the testator to his executors perished with them,
and that there ought now to be a reference to the Master to
approve of a proper guardian for the leant.

COURT OF QUEEN'S BENCH.-TLSTUDAY.
HOLDEN V. STAPTLTON SNITN.-LIABILITY Or A COMET
COVET JIIDOIL

This was e special cue for the opinion of the court. An
action had been brought against the defendant, the Judge of
the County Court of Lincolnshire, under the following cir-
cumstances. A summons was taken out in the Spibby
County Court, of which the defendant was judge, against the
plaintiff, who resided in the county of Cambridge, and •
' judgment obtaint d. Upon non-payment of the sum for
which the MUUMUU issued, • judgment summon was taken
out in the Bpilsby court, by which the now plaintiff was
summoned to appear ant show canoe why he bed not paid
the debt ; on penalty in default, of being committed to the
common gaol of Spilsby. Holden did not appear, and a
warrant of commitment was issued by the now defendant,
**attaining the plaintiff to Cambridge gaol for 14 days. The
plaintiff was discharged by habeas corpus under an order
of Mr. Justice Patterson. He submquently brought as
action for trespass and false imprisonment, which was
tried at the Cambridge Maim before Mr. Baron Parke, and
• verdict returned for tho plaintiff, with 601. damages, sub-
ject to the opinion of the court, and the question now was
whether the anion was maintainable.

Mr. W. H. Watson (with whom was Mr. Naylor) ap-
peared for the plaintiff, and contended that the only power
given to the defendant as a county court judge was by
statute, and ii he proceeded in any manner contrary to the
statute he wall • •trelMillti, and liable to an action. The
County Court Act was express that a summons must issue
out of the County Court for the district in which the do.
fendant resided, and the commitment must be to the gaol of
that district. Here the judge had no right to issue a sum-
mons at all, and, even it he had, he had no power to commit
to the gaol of Cambridge. All courts, when acting within
their jurisdiction, alttough acting. erroneously, are not tees.
pus-re, but if they act out of then jurisdiction they have no
defense. The learned counsel cited a number of cases in
support of this pro ition.
Mr. Worlledge (withp whom was Mr. O'Malley) appeared
for the defendant, and contended that the defendant, being
&judge of a court of record, was not liable for anything done
in his judicial capacity, and that, even if he were liable for
an excess ofjurisdicties, he was not so liable unless he was
aware of the defect in his jurisdiction ; and that it was in.
'unbent on the other side to melte out that he knew he wee
exceeding his jurisdiction, and that the plea of " not guilty "
was sufficient.
The can was not concluded when the Court nee.

By some mistake in yesterday's report of this court, the
wor& " on the ground that the affidavit did not state dis-
tinctly that an award lad been made. The learned counsel
now renewed his application, and the rule was granted,"
which were contai..ed in the last sentences of the case of
" The matter of the South Devon Railway Company," were
transferred to the and of the case of " Campbell v. Hewlett,"
83 that it appeared that the rule was refused in the former
case, whereas the rules were granted in both cases.

SECONDARIES' COURT.—YnTranay.
8170111 Mi. SWONDAJIM POY7III.
THa COMMINIIONEIS OF LAND TAI O. IQEOIIe:
Darkwartoxs.
This was an inquiry to amiss damages in an action
brought against the defendant as a surety for one of their
collector,, who was in arrow with his accounts.
It appeared from the statement of the solicitor to the
commienoners, that the defendant was a surety, jointly
with another person, for his brother, who was collector of
land tax for the Tower Hamlets civision, and who was •
defaulter to the amount of 6201. 13s. 51. Of that sum,
3001. had been recovered from the other surety. The
preterit praceedine,s were to recover the remaining
2201. 13e. sd.
Verdict for the plaintiffs.

COURT OF BANKRUPTCY.—Yasnanay.
Biro's Km. ODEISENSONEB PONDESSOVE.
. ERRONEOUS Accotrwrs. -

This was the last examination meeting is the case of
Elisabeth West and Alfred Harry West (mother and sore),
tailors, of Adelaide.street, Btra The balance-sheet, ex-
tending from the 18th of October, 1845, to the 18th of Nov.
last, showed the following items : 'To creditors, 1,3371. ;
liabilities, 6791. ; profit, 1,1291.; capital, 271. By ood debts,
631. ; property, 861 ; tomes, 9731. ; had* expenses, 6811. ;
personal ditto, 726/.
The bankrupt, A. H. West, was eximalaed, and stated
that shortly before the buthrapecy he had 'obtained to the
creditors a statement showing that the firm had 1,1001. of
good debts. On the 11th of °etcher he drew • batch of
bills on their customers, got as many accepted as he could,
and gave them to his uncle at Hm&ge, who had beams
security for him to Mr. Dawson, draper, of Newcatodresa,
front whom he obtained cloth ea credit. These htlb
amounted to 3871. The statement is the balaare-sheet of
6791. of liabilities was a mistake, and lw would not swear
to it.

ii,. Dann—Why, you are ban for the very purpose.
Bankrupt—l could not think of swearing to • thing that
is absolutely wrong.
The Commiesloner—l consider it the duty of accountants
to tan are that • bankrupt is well acquainted with t►e
balance-sheet ha egos to swear to; and I should only re-
eonsaiud this employment of such accountants as will take
that tremble.

11:an al naThice continued—Believed 'that the bills beyond
3871. never silted. Tao amount is-the babusee-elteet wee
taken from the ledger.
His Hamar thought it gaits deer the examination mast
be adjourned, se the bankrupt negatived the statements is
his own balanccoheet.

lies
Demean gave tba haakrept mass et esetala state-
ments of swami which veldt hemline br
and the exesilaatioa was imam lassiba at eats
beim reserved.
Dwane Ma. Ocammene rem
Ti. MUMMY BAvomi
• polities la beakruptet, filed ea the falt Wit., was eh
day adJadisstel spinet Hairy Swabs, VW piety who is

charged with embeezling the feeds of the Aylesbury Savings
Beak. He is brought within the purview of the bankrupt
laws as • trader, through his cousezkra with ease of the
Aylesbury newernpers—the Bucks Chronicle. Yr. Jones
James, attorney, of Aylesbury, is the petitioning creditor.
Sines he absconded his household furniture has been sold,
producing 2301., sod this will be handed over to Mr.
Austin, tie sesseingsr ander the bankruptey. Thor • is also
sow Othilt little propsrty, the tills of wing is said to be di,.
puled.

-YESTERDAY.

MIDDLESEX
II lONNIM Ma. Bazrzure Aiwa, Assawarr Jolla.

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Te• watt eat yesterday at Clerkenwell,fer the ourpme
ofdisposing of petitions sad appeals. There ware 62 in
Lou. Moms' BAn.
Hairy Daniel Davit, solicitor, of Warwiek street, Regent-
street, appealed natant an order made by Peregrine Bing-
ham, one of tke ntsgistrates at the hiarlborough.suset
Polies Court, for the payment of the amount of a recoges•
awn entered into by the said Henry Daniel Davies, for the
appearance before the said Peregrine Bingham. Seq., of
Made Dolma Contuse de Landsfeldt (Lola Montag).
There was a like appeal against the sane order by Dosed
Davies.

Ilpen the application of Mr. Bodkin' who append k,
the appellants, and with the consent of Mr. Clarkson, she
appeared in support of the order. the hteliPl Of both the
appeals were postponed until the April General Basions.
DODSIIOIIII AND LOOMIS V. HOMILY PILL= HINDI.—
SAVINGS DAN=A.

This was a yeti*m presented, under the 10th section of
the AA too the Cessolidation of the Laws relative to Savior
Banks (9 George IV., o. 92), by William Dodsworth and
William Fox. as trustees of ne Christchurch Savings Bank,
Iternt's.pazk, against Henry Palley Hind*, estuary of that
institution
.

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The section of the act of parliament under which this pro-
maim was adopted, after declaring that all parses or per.
eons, who may have, receive, or be entrusted with any part
of the funds, moneys, or elute of ,any savings beak, or shall
in any meaner have been entrusted with the disposition,
management, or custody thereof, or of any OSMIUM books,
papen, or other property relative to the same, stall, upon
a demand being made upon them, in pursuing of as order
to that effect made by at kast two trustees and three
mausgen, or a general meeting of trustees and managers,
give is an account to perilous duly authorised to main the
same, to be examined, allowed or disallowed by the trustees
and masagen, and deliver upon like damead all wags
remaining in their hands, and assign, deliver, or transfer to
any person appointed for that purpose by the trustees and
swaggers, ell securities and effect., bonds, papers, books, sad
property—proceeds to state that " in case of any refusal or
neglect to deliver such account, or to pay over such manias,
or to assign, transfer, or deliver each securitiee, funds, effects,
books, papers or property in manner aforesaid, it shall be
lawful to and for the trustees and managers of such savings
bank for the time being, to inhibit a petition to the justices
of the peace at the General or Quarter Sessions of the Peace
for **county, tiding, division or place wherein such savings
bank shall be established, who shall and may proceed thereon
in • summary way, and make such order therein, upon lieu-
ing all ponies concerned, as to such justices shall, in their
discretion, cem fit, whin I order shall be final and conekaive,
and all sesignmests, sales, and transfers made is pursuance
of suck order shall be good and effectual in law, and to all
intents and purposes whatsoever."
None of the circumstances of the case were mentioned
publicly, and the counsel on both sides having consulted
with their respective clients, an application for a postpone-
ment of the consideration of the petition was made, and that
application was granted.
Mr. Parry hoped that in the meantime an amicable and
satisfactory arrangement of the matter between the partite
would take place.

POLICE.-YESTERDAL

MANSION-HOUSE.

A SZILFCL Baootrso firTERIIIrO6TO It.—John Streeon
was brought up, in the custody of Barber (102), charged as
a beggin letter impostor.
Mr. John Cassell, of No. 80, Feechurch street, tea dealer,
said—On Wednesday I received the following letter :
Sir,—Under eircum.tances of no very ordinary nature do I thus
venture to address you; nothing short of my truly painful situation
could compel me to do no. I beg respectfully to state that I em a
native of Edinborgh, and for many yaws was in business at N 0.12,
Leith.street, but, owing to misfortunes to trade, caused by an men.
mulation of bad debt,, I was reduced from a state of comparative
comfort to that of distress. Three months me I found myself thrown
into this huge tit, with no capital beyol the introductory recom.
=editions furnished too by my friends, and when I state that I have
a wife and young family solely dependent upon me, and have
bees unemployed goes I tams here, I am admitting but
' a small portion of the corgequent privations we have undergone.
I em aware that you =wt have many applications of nearly a bind-
lar nature, but I would respectfully submit that you are aware there
are come who are not obtrusive, and who do not complain before
being compelled. In humbly ream-sewing myself as being of this
elms, I shall be most grateful for a small portion of your sympathy.
I am not pleading for myself, but for others, whose neCellaltiell aug.
meat my miseries; and I have not committed myself by exposing my
situation until driven by the sternest and most unmitigated digress.
Sines Monday, at It at noon, my little ones have had no bread.
Under the painful circumstances might I fondly anticipate a little
pecuniary maistanoe towards alleviating my present situation. In
doing PO, inch condescension will be remembered with every sense of
feeling.—l have the honour to remain, sir, your very humble servant,
Airs SITSI.III.AND.
_

P.s. I may ogre Mentlon that I bare good prospects of esplolment
when parliament !JUL—January, IMO.
I happened to know Mr. Sutherland, to whom the note
alluded, having formerly served him with goods, and I guy
Sone? the prisoner as t the premises of that gentlemen, and
found, beyond all doubt, that the c►aracter was amassed
kr the purpose of Imposing upon me. I then told my clerk
to give the " poor man half a crown," and when the prisoner
pocketed the money I told him my opinion of him ; which
• acknowledged was correct, and he admitted that the
letter was fictitious. _

The prisoner said be was really compelled by the di,
tress he had dewribed, which was tar from being
lions, to resort to ti at mods of obtaining tem-
porary relief. He was not, he confessed, Idr. Su.her.
lead, bat he was as badly situated in his finances as any
person of that name could be, and he hoped that as he was
detected in the first attempt, and never intended to make
another, the alderman would lean lightly upon him.
Aldermen Huraphery You shall not make another
attempt for some time at any rate. You have not cnly
forged the name of one individual to cheat another, but
ycu hays, by such an expedient, perhaps put the credit of
the party you personated in jeopardy. I convict you and
sentence you to imprisonment in Bridewell, and hard
labour, for three month,. You are accomplished in this
particular line of business, and this letter, sad all the cir-
cumstances, test your skill in the trade. Take my advice,
and abandon it henceforward. If the money had not been

given to you in the way of charity, you wield have beet
liable to transportation for seven years.
The prisoner—Consider my wife and children.
Alderman Huraphery—Wife and children point the way
to industry, not to robbery. It is better for them and for
moiety that they should go to the union than that you sh. old
succeed in such an avocation as you have chosen the ten
deny of Inlet is to dry up the fountain of all charity.
BTABBINO BY • Boy.—A lad, named John Connor, was
charged with having maliciously stabbed Henry Smith in
the belly.
C. H. Rix, cigar sorter, of Oren Alie street, Goodnicn'e-
fields, said—On Saturday, the sth instant, about a quarter to
2 o'clock, the prisoner and several ;others were playing t .e-
-ther on St. Dunstan'elaill. They were all boys in the employ-
ment of Mr. Robinson, of St. Danatan'ehill, agar
manufacturer. The prisoner and a boy named Croft nero
playing at roubles, and Smith and some others wore
throwing about a basket, which they at lost put upon the
head of the prisoner, who, when Snuth went to take it off,
stabbed him with a knife, and then ran away. Smith en,leil
out that he was stabbed, and the blood flowed into has
tremens. I saw the blood end the cat in the waistband of
the trousers, and I took the boy to a surgeon, and then to
the hospital.
It appeared from the evidence of one of the lads who Ivid
been playing together, that Smith held the prisoner wh e
the others put the basket on his head.
Smith, the complainant, said I went behind the prisoner
to lay hold of him in play, as the basket was on his head, and
he said, If you do not get away 111 stab you, and he loitunol-
ately stabbed me in the left side of the belly, and tuft blond
ran down. I had had no 9uarrel with him.
The prisoner was committed for trial.