The Express.
London, England, 1850-12-16 00:00:00

THE EXPRESS, MONDAY EVENING, DECEMBER 16, 1850.

and seise such weeds mseemr, t makes covenant. It wan
argued is the reggae are elm the several ta by
which the defendenesbeamil limmeelves to do miner thingiN
rto build • bridge ientr tile new eat and fill up the old
coarse of the Wert after It had been diverted, and to ye
Waver the slip, forming the new coarse of the river, weirs
ORO Incidental to or to be dons after the new oat le made end
the Minus divined, being la their terms absolute and not
esedttleael ea the making of the new oat sad that diversion
Girths drools, show • okar intention that the defendants
meant to bled themselves to do that principal act crashing
the cut and diverting the stream, to which the things
is expressed terms absolutely eresaatedi to de were
incidentsl. But we think such intention cannot be
properly inferred. The true inference, as it appears
to us, is that the parties to the deed both of
them, expected that that new cut would be made sad the
stream diverted, and entered into the contract in question
under that expectation, treating its a thing certain to take
place, providing for that event snip; but it by no means
follows on this state of things that the parties intended that
the defendants should bind themselves by a deed to make
the cut and divert the stream, any more than that they
bound themselves by a eo nnnnn t to lay down the permanent
rails, or complete the railway, is to be inferred from a
covenant to do certain things after those events. No reason
has been suggested that the defendants were really intended
to tm bound. as the plaintiff contends; in the deed the sole
object is to egress the env. sant by which the defendants
were to bl bound to the plaintiff, the principal thing to be
does by the defendants being left to implication, and the
incidental matters being minutely provided for. If the
event that nas taken place—that is the abandonment by
the defendants of their intention to divert the
stream—had been contemplated by the parlor, It
is vary improbable that that would have been pro•
vided for by a covenant compelling the defendants
to do that which they no longer considered beneficial or
proper for their works. Such a state of things would
rather be the subject of special provision for the benefit o'
the plaintiff applicable to it. Such a state ef things ap-
pears to us was either not contemplated stall, or, if con-
templated, would be so improbable as not to be worth pro
riding for, the parties being content, in such an event, to
adjust their rights as should be provided by agreement, or
leave them to be arranged by a competent tribunal. For
these rearms, as it appears to us, there te no such implied
covenant as by the plaintiff oenteaded ; and, therefore, no
care of action is shows is the declaration, end there must
be judgment for the

MARKETS.

COTTON.—Ltrearcoi, Din. 14 —The sale, of cotton to
da see esmated at 7,000 bd.*, consist of about 6.600
American; 2OO Bahia 8 to 81; 1.50 BeTiolan, 8 to 94 ;
1,000 Buret, 6.0 ; 20 Sea Islands, 164 to 17. Total since
Thursday, 13,000. Import since Thursday, 6,000. The
maket civets brolly compared with Friday's rates, prices of
all kinde ere unchonged.
MANCIII67III, Dsc 14.—The cloth and yarn market has
assumed • firmer and steadier position with the advance of
the week. The improvement in demand tor yarns noticed
on Thursday, by tee tome manufacturer', bas been still
more developed to-day, sod their operations in cops have
been oi a more sustained ekeracter, and to a fair amount,
though not decidedly bury. Tire India houses have placed
spinners of numbers imitable to that market tolerably wrU
ander contract, and with an improved demand for the Medi-
man and Levant. Our market Is as active for the time
of year, when merchants are usually absorbed in stock-
taking, as could be reasonably ezpected. In cloth the de-
mend has been more considerahle, perhaps, for 40-inch
Airlines than any other ,ceuription ; ann the narrow, light
printing do he which have been mentioned as avrac,ing
emotion chid,' tor the last few weeks, have been in fair
rcques•. Is uorneetice, both light and heavy goods ars
rather more tht after. German and Greek houses still
buy

soup)
racLor sparirg.y.

LlNEN.—BalArmir, Dac. 13.—0 n Friday lut we stated
th,.t a reduction in the price of yarns wits likely to take place
about the 20th seat„ bat our anticipations have been realised
sooner than we expected, as yarns are at present selling fully
3d, ptr bundle cheaper than when we wrote our last notice.
This reduction has already giv,n a lively tone to the yarn
and cloth markets of the province. In Ballymena, on Satur-
dav, a large buiintas was transacted; manufacturer, tow•
ever, had to submit to a eight reduction in the coarser seta,
and a decline of 3d. per yard in the finer description of
fabrics. In Coleraise and Ballymoney a considerable amount
of business wet dose; pekoe were fully supported. At the
monthly market in the latter town about 300 fine and 600
wane webs changed hands. Prining lawns, 26 and 30
inch. are still much looked after, at former rates; and from
the 11..iited Sates, the latest &deices from which are encour-
aging, large Wen continue lobe received for printed dresses
in lawns, and for low-priced 22 and 26 inch lawn handker-
chiefs, say from 2s. to 6s. per doses. In the States the
attnks of plain 4.4 bleached linens are very low ; what
remains on hand is expected to bring the advance on this
aide. Printed shirting 4.4 and 7.8 linens are in brink de-
mand, and from late advances in the prices of printed shirting
cottons a loge *prime trade in this description of goods may
be expected nere. Banner of Ulster.

INSOLVENT DEBTORS' COURT.—SATURDAT,
IN TEI Marred or TMOMAS WILLIAM BROW/L—GOTRAN-
MIST CLIKIS.—BILL DISCOUNTINO EZTAAOSDINAST.
This insAvent, a clerk in the Registry office of the
Custom house, who applied to be discharged, was opposed
by seven creditors.
Mr. Dow' and Mr. Hughes appeared for four, and the
others in person. Mr. Cooke, with whom was Mr. Bergeod,
supported.
The case disclosed some extrsordizary Oirelannt&DOM
connected with bill diaeounting. The insolvent now owed
6091., and had a Wary of 1201. a year. His family con-
sisted of a wi e. In January, 180, be obtained his final
seder in bankruptcy, when he owed 2:61. He owed several
creditors for rent. He had been concerned with a fellow
clerk named Campbell in oakum bills of exchange for the
purpose of discounting, and the discounters had taken from
60 per cent. and unwires. On a 241. bill the discount was
31., and ha and Campbell shared the money. Other bills
followed in the present yeer, and 2s. in the pound nu the
rate of diecouot. 11> had been connected in hills with C :bill
and Phillimore, other government clerks. Csmpb-ll had
taken the benefit. of the act lately, and set aside 151. a year,
and Cahill had set tails 301.
Toe insolvent stated that bill diseesaten were in the habit
of sending circular letters to government clerks, and there
was no great d.fficulty in getting money from them on a high
rate of interest.
A great effort was made en the part of the insolvent to
settle the opposition, and finally the creditors consented to
take 301 a year out of the salary.
Mr. Commusioner Phillips was glad that the ease was
arranged, otherwise the insolvent would have been remanded.
He was both surprised and shocked at the system of bills
that the case bad developed. He had ne conception that
such things were carried on by government clerks, and he
' hoped that they would be avoided or ruin must follow.
The insolvent wee discharged.

BREAD.—Dec. 14.—The prices of Wheaten Bread In
the Metropolis we trues 7d. to 71d. ; of Household Bread,
6d. to 60. per 41b. loaf.

POULTRY.&e.-241WOATI AND LIADIINNALL, DEC. 14
—Toriolo, to. to los. ; grew, Is. to Oa cd.; ducks, la ed. to 2s. ed. ;
tame rabbis, Is. to la &I.; wild ditto, gd. to Is.; *coca, go. to ;
tasting pada ls. 6d. to 7s. soak; Sorrel fowls. 6s. to 9k gd. &Ito.
&Wawa. de Od. to Sa. ; terwdour foists, 2. Bd. to Ss. ed. per couple.
English eggs, Ila to Ma ; ?resell data, IL Od. ; and trW dittc,
Li to a.. lid. per 109. Vresh butter, la. to Is. 91. pee lb. Hare.. Ss.
to S.. Od. , leverets, 2a Od. to Ss. Od.: drover. Is. Ikt. t Ss. 3d.:
PURISM; U. dd. to la 9d. ; teal, Li. to 9d.: swipes. 91. Co Is. ; wild
docks, Ia to 1a.64.: widgeons. 9d. to Is.; plovers, tit to IL ; Moth.
IcocksOaCid.toUgd4pertrbdgealaWlafteack.

FISH —BILT.INI9IOATI, Dec I4.—Saltene,le 24. to le. 61.
par ; torbote, !a. waked.; cod nib, I. ad. to 4a. bvN., O&M 14 ed.
each; role. lore, 10d. to b. per pair; do. small, 2s. Od. to 11.04. per
dos.; eels, 7d. to le. per lb.; lobeters. ed. to 2s. 6,d. ; cad" 6d.
to Se. Od. each ; shrimp% 2a. per gallon; whims., 1.. Mt. to 3e. per
dca.; mackerel, &I. to 941. each ; haddocks, Id. to ad. ; eitto, Mie t,
SI. to 4d. each . fresh to also, 2a. to 211. 6d. per 100. 024.610. com-
mon. M. to 12e. ; ditto.best Madam, S. to h3l. per bushel Sprats,
le to U. per bushel; whaler, le.9d. to Se. per doz.