The Express.
London, England, 1861-11-26 00:00:00

COURT OF EXCHEQUER.--Nov, 25.

Sittings in Nano.—(Before th; Lord Chief Berra end
Barons Bramwell, Cheapen, and Wilde.)

FILUCCZ r. ABBISS AND iNOTHIS-11.11.1CA11031( achuwer

A SHERIFF.

Mr. Beasley moved that the order mails by the Lord
Chief Justice in this case should be set aside. so far as it
stayed the action brought by the plaintiff against the
Sheriff of Middlesex. The plaintiff, a timber merchant,
had deposited a large quantity of timber at the Regent's
Wharf, Millen'. and undertook to deliver it by the 30th
of June at her Majesty's dockyard at Woolwich. On the
2Sth of June he seat a barge for the purpose of its
removal, and then found it was in possession of the
sheriff. The plaintiff gave the man in possession notice
of his claim, and on an interplesder summons being taken
out the representative of the execution creditor disdained
all intention to take the goods, when the learned judge
made an order directing that the goods should be delivered
up to the plaintiff, and that the action against the sheriff
should be stayed.
The Lord Chief Bares—What do you complain of ?
Mr. Beasley—That the sheriff's officer, on receiving
notice, did not ask the execution creditor if he claimed the
timber.

ilieLonl Chief Baron—What damage has the plaintiff
sustained!

Mr. Beasley—He has lost the benefit of his contract with
the Commissioners of her Majesty's dockyard, and had to
pay a stun for demurrage.
The Lord Chief Barun—Has he taken five months to dis-
cover that?

Mr. a--;ley thought the application was in time. He
bad fresh affidavit. to disprove the statement of the sheriff's
offiivir that the plaintiff bad not givep bim notice.
Mr. Baron Wilde—You have got possession of the timber
noder the terms of the ceder, and you now complain of it.
The Lord Chief Baron—Applications of this kind are in-
tended to prevent btigaboo, or, if it must take place, to
render it as speedy as possible ; and as the plaintiff be.
acquiesced so long, it is too late for him to apply now.
The other learned Jadges concurred.
Application refused.
- • • BUTIOIS 121 PERRON
. • . . .

In the case of Pilii;.arinv;ll, Tc which a rule nisi for
a new trial had been obtained during the present term on
the ground of surprise, the defendant now appeared to
show cause in person, when Mr. Gibbons for the plaintiff
objected to his being heard, on the ground that he had not
taken out office copies et the rules and affidavits. The
master said that according to the practice the defendant, if
represented by counsel, was certainly bound to take oat
office copies or he could sot be beard. Mr. Baron Bramwell
then asked the defendant if be was willing to take out the
office copies and pay for them, and being answered in the
affirmative, the rule was enlarged until next term, unless
the defendant should in the meantime agree to its being
made returnable to a judge at chambers.
In the second case, Little v. the National Provincial
Bank of England, the plaintiff applied to their lordships
for leave to ens in forma pauperu. Ile said that in an
action brought against him, and judgment having gone
against him by default, his goods had been sold and no
account rendered, althoueh Mr. Baron Martin had made an
order at chambers directing the sheriff to account.
Mr. Baron Channell—Before you can sus in forma pea.
peris you must get the certificate of counsel. Have you
got it!
The Applicant—l do not know how to get it.
The Lord Chief Baron—Then we have no power to inter-
fere. There is, I can assure you, no difficulty in obtaining
counsel's certificate if you have reasonable grounds for bring-
ing an action.
The Applicant maid he bad no doubt he could do so.
This being the last day of term, Mr. Morgan, the ,ber
made the usual proclamation and the court., baring disposed
of all the business before It, rose at the unusually early
hour of three o'clock.

COURT OF BANIEROPTCY.—Nov. 25.
(Before fir. Ooreadedooer Omlburej
RE LAW.-ALLIXIIID RISDISCRIPTION.

This petitioner lad deocribed bieuielf as s oommeraisl
traveller, whereas it appeared he had also bean an importer
of spruma
Mr. Denny now asked that the petition should be dis-
missed,on the ground of the full description not having bean
inserted. _ _

(Before Mr. Registrar AbrahalL)
RC CRICIL-FIRRT MRSTLYGB.

This was thetirstSit;Mg:fheb;ikrpt, Joseph Crick,
was a miller of Deaborou6, Northamptonshire.
The statement of Menu. Charles Brown and Dubois
shows debts about $501.; wets, 400/.
Mr. Brown wu chosen assignee, and Mr. Douglas, of
Easex-street, Strand, is solicitor to the proceedings.
There wu also a first sitting in the case of a debtor earned
Armitage. Debar, 2201. k see* 60/.
Mr. W. H. Drew, of Baiunghall•street, is solicitor to the
proceedings.