The Express.
London, England, 1850-05-04 00:00:00

-
NAVAL.
Allittekt.TT. Met 3.--Theasse A. I,,wrie to be spat is
*rev te
Pootwittow.—Psltip it:C%llf It' DO setißt bortwaia.
Arowtsotesors.—Aute.ast Bar. ws : Jobs 0. Carshell,
to ll'rli
Visit: Jesus L. Theer, to Ajor.
Masters' Arietaste. X. C. Relinegg and William Oil-
lord, a rive /.
Norstiorrs.—Ths isms eta 8 • ppke were at Jamaica
ea the 7ilt April. The T.iseestake was at St. Jego de
Csba tit the 6th. The PIEV6III% left Jamaica for Sea Do.
siege rs the 26:1i 'larch. The Plumper left Jessica CI.
Ora) Tows ea tee 290 t Much. The Helena left.lasteici
es • erase es the 30. k blereb. The Wellfloley left Jamaica
Ito, Based' es tee Thel Meech. Tee Vises left Jessie'
tor Antigua es the :Med Kush. TIN Attest was at Amigos
es tke 10th April.
The Danish brig of war 81. Theme, 16 pas, woe d
Tibealla when the Tay left es tM 14th April.

MILITARY.
ASTILLERT,—Lrert. Colonel Enna is wider orders to
penerd to Ceylon to relieve Lint:Camel Grantham,
ekes* period of snare is nearly reared. The gallsat
ilearewl however has not yet loft Woolwich, altboufh his
departure wee recorded in a matemperary nearly a week
ahem tient:Colonel Cater has left W oistah for the
MaurXins to relieve Lient.C3loset Sweetie', whose period
of service has semi/ expired.
SarPlllll MINZitS.—Tb• IStis Company of Sappers
and Miners, nadir the COmmand of Captain Barry, has been
placed order orders to proceed to Halifax, Nova Scotia, to
relieve the sth Company, under the cmsotand of klaj r
Huratester.
(Fres let night's Gauffe.)
WALOFFICE„ Mon S.
Sib Keen. of F. —Lieut. 3. W. T. Damon bee been allowed to retire
from the ',ire by the pee of his eomrineelon.
It;th F. 11. C. alum, from 76th V., to be nag.,rico Haiti!.

ton, dee.
23th V. - Cm,. W. IL Goonstt., Item the 112 ad V., to be am, vice
Lave. des.
flu F.-I.leat. I. E. GOOTWYN to be apt., by par., vice wbo
reta • FAA. C. Y. 8A141.N to AC h.•ut.. by plat., aloe 000d•Yu.
•tad F.—Eno. Banears, from the 44th Y., to be ens., eke Goodell,
app. to the 23th V:
Oh V. —Lieut. W. 0. DOW I. ha. been allowed to retire from the
Nevin by the sale at his comaiseion.
17th ►. —I t. C. I. Prase. bone 33rd F., to be payntancr, ateeW. D.
irbo las Tetirel sa

EMS itatilteellte.
EQUITY COURTS.—YznesnAT.
EIFOIIII TOR VICIACISANCID LOR OP ENGLAND.

HAIM:WS r. Axes. —III.II7NCTIUM TO MISTRAIN
WOllll6O or A )TIME.—CLSTOM Or THE COUNTIIIt.
Tri• was a motion on band! of a company Galled the
Vac Lead Mine Compri, for an injunction to restrain the
defendants, who are working miners, tram raising, digging.
or getting any lead ore, or other mineral, from a piece of ,
ground called Pwll, in Fiiat•hire. It appeared thee the
plaintiffs, who held a I,ase of certain land in Flintahire
from Lord Fielding. bad appointed an agent named Jones to
let portions of the land, and he, as such ogee', had let a
piece of unopened land, intruding 60 yards by 30, to the
devndante for two years, reserving a royalty of 21. per ton
upon the had raised by them. The speculation turned out to
be eaceedingly remunerative, and a report to this dial
having got round the neighbourhood, the plaintiffs alleging
that they had given no airbority to Jonee to let any
huff by way cf speculation or " bargain " for seers
than one year, informed the defendants that the lease
was invalid, but offered to allow them to continue their
weeks fee one year upe n plying a royalty of 31. per ton.
This the &haunts declined, and they continued to work
the mine.
Mr. Bethell and Mr. Thriag appeared in support of this
application for the injunction.
Mr. Bolt and Mr. Cairns, for the defendants, contended
that the plaintiffs w.?* bound by the act. of their went,
more particularly in this we, where by the efilidsvits it
appeared that it was the custom of the country for mining
agents to grant lessee of unopened land by way of specula
tion for one, two, or three year., and that the plaintiffs had
known of the lease, sad had not made any objection for
several menthe after the mine had been opened.
Mr. Bethell, is reply. con,ended that there was **evidence
to show that the 61140211 of the country was for agents to
grant lases fee more than one year, and that the plaintiffs
could not be bound by such acts of their agent as were con-
trary to their in•trneions.
The Vie.-Chancellor said the only question in this cam
was, whether the custom of the country bad been such as
the •iefendaats represented. From the way in which this
custom was alleged by them it appeared to him to be so
loom and uncertain that it was evideat there was no custom
of the sort, and if them was no inch cistern the rest of the
case was a mere matter electing, for it eras quite absurd to
say that an agent might take upon himself, without distinct
authority, to bargain away the rk.hts of his principal. The
injunction must, therefore, be 'ranted.

BAIL COURT.—YEsniDAY.
Bum' XL Jrrrici Comma&

NIWTON r. NOXCARSON.-JCILISDICTIOX or TUB COUITT
Cur ST ►xD STANIIAZITS COURT or Couw►u.

This ease bad been arra d is • former term, and his lord-
ship now gave judesseat. It we. a rule for • prohibition to
the Judge et the County Coon of Cornwall, prohi-
biting him from proceeding is a plaint levied in that court.
The defendant was a working Miner, and, as such, privileged
to be sued is the court of the wardea or vice-warden of
the Slantwise. The action which was for the nompayment for
I=fold, was one in which the Stannasies Court had
ktioa. The argument turned en the nestruction of
the 67th and 141st sections of the 9th and 10th Viet., a 95
(the County Cour s Act). The 67th station provided that " no
privilege, except as HA:vied:et eacieptid, should be allowed
to my pin= to tzstopt him from the jurisdiction of any
tionn holden Roder Ms act." And the 141st nation pro-
vided, " That nothing in the net should be emastraed to
ant the tains of the Lord Warden or Vice-Weldon of
the Staanaties of Cnnwall ; but this provision should not
be deemed to prevent the establishmeot of any court under
the se: within the said Staanaries, or to limit or affect
the jurisdiction of any nun so established under the act"
There were, therefore, three enactments—lire, that there
shield tit no perser.sl privilege or ezempti .n from the joins
dicim of the comity court, except as thereinafter men-
tioned. Secondly. that the act was not to offset the jun&
&wino of the Stannaries Court ; and thirdly, that •
nutty court might be established in the Stens
Dams ard the jurisdiction of that cruet was
not to be affected. The court was of opinion that effect
might L. given to all these ecectments. Ihe defendant was
a working 'inner, sad, as such, privileged to be sued in the
Stono&i.es Curt ; but this was a personal privilege which
woo d be sone if the 67th sec ion of the county an mood
alone, an' it could not be pleaded to the jurisiletion of the
County C .art. bit taking the two parts of the 141st sec-
tion together, the court was of opinion that it was the intes-
tine of the legislature that toe County Court and the Stan-
merits Court should exist together, and that the County
Cniut should stand in t`!e same relation to the Stannaries
Court as the superior marts did whin the privilege was not
pleaded. It would be giving the lull elect of both parts of
the 141st Cease, by holding that the County Court had sons
cornet jurisdiction with the Swamies Court; aid, then-
ton, the rale for the prohibition would be discharged.
In vita Metres or am Arroasar.
)Ir. Ii iddeley said that on • former day • rule had been
made absolute against an attorney for as attachment for not
paying • sum of money to one Amelia Cribb. He. now
moved for a role to show nose why the attachment should
not be discharged ; and the affidavits on which his motion
was grounded steed that one reason why the attorney bad
not paid she money was because be was entirely unable to do
so, on wooed of his embarrearmeata and of his having
become bankrupt. and the rule for the SitkCaZIMM was only
served no him w. He he was purring his last examination.
These was nothing like fraud or misconduct imputable to
him : but he should Übe an objet ion "in licaine" to the
attachment that the party moving had come to the court on
• false pretence, because slit described herself as Amelia
Cribb, widow, whereas that was not her name or character,
for she bad been married to a person named Henn before
the fllleS bad been moved for ; and the affidavits set forth
copies of the register of her marriage, and also stated that
she was known as the wile i f Hires. She had therefore
beta guilty not only of an abuse of the process of the court
in its summary juriadictirm in describing herself as a widow,
and acting for money which was in fact her hashann's, and
for which as a married Wt.lllllll she could give no legal re•
cent, but elso of p.rjury in swearing her affidavits.
Rule granted.

INSOLVENT DEBTORS' COURT.-YESTERDAT.

131 mu, lac CUIL! XOIINUCONEII.
IN 71111 MATTLit ol lutllAl4 WILISVX.-EXTRAORDINAIY
CASI.

This extraordinary case, which has been before the court
on Kemal ormasims, aid attracted a good deal of interest,
wee now conaluded.
The principal queens's was whether a debt of 27f. was
owing by the inuotvent to the young woman. It was ad-
mitted that the object of the petition was to get rid of the
claim which it was all. ged bad been concocted, because the
Insolvent had married.
Jane Dann alleged that the insolvent had promised her
marriage, and he denied that he had ever made such • pee
mime. He stated that for pan ski 11l sit intercourse had matured
between them, and he denied that she had ever lest him
any money. Forth, r be declared that she had picked his
pocket on mveral occasions.
An oil w man named Precock,an 'unto( the young woman,
swore to dice advance of 301. In bank notes of which IL had
been pail. On the present occasion two witnesses were
called— Jne on each side, the eif.M of which evidence was to
show that Jane Duna was with Wilson en the 29th of April,
DAS, when the moaey was said to be advanced, and when it
was stated that he was at home; and farther, that the young
woman had slep• with him in March hut at Yek. Os the
. lament, and the Met examination, Jane Dunn and Mrs. Pea-
a tick were questioned in a very solemn manner by the learned
co umiseioner, after the insolvent had sworn that hie ”eket
wns picked by the young woman. Jane Dunn so,nly
ram t coed that never in hrr life had *be ever taken anything
oat I his pocket, and Mrs. Peacock swore to the admen's(
the la yto the insolvent.
The learned Chief Commissioner gave We opinion, Miss
"smut ng the anxiety he had felt in the matter. Tee stag
at first told was a very simple one. It wee oat 301. ha
been solve need by the ysung woman, of which 3/. had bees
paid, and I.r wheels. an action ha/ men brouaht and judg
may obtain 'ed. There was no defence made at the trial, end
soon afterwa..ds the petition was tiled in this court to get rid
of the alleged chum. The debt was corroborated by Mrs.
pommy' wu at was the answer to it? It was that no
money had ever Leen advanced. There was a collateral matter
It=eat as the ins, which he (the chief commiseicassr)
y he had bees wrong la allowing to the Went le had