The Express.
London, England, 1850-04-19 00:00:00

THE EXPRESS, FRIDAY EVENING, APRIL 19, 1860.

Raiz Intelltetnce.

001.11 a 01P QUEBNII BENCH..-YZINERDAL
SIMMS IR Uses.

Ti. Nimes, Axattisiiit7iiia Cyrl;m sew Taa CITT 07
• . , Rom width e. Las. .• • .
ah Was the last mars is Rest, bade
*kid&
lata did at
There was timelist for the
• • • • • "
SEP, booPirormil ha idle* shoe add why
a er why their shield tit be •
;ria fraffeli Arimmiest. sad also es the
that odeede eddimb the slain, to the
attest to whisk it wee ete the read; Ike odd
bed hem Wag* bp*" certledtima Rodestederket %be
he
__essthimatifs Wigged ft be ins* Ss* mr-
mals hipmethigt the Minded hes the pert ef the ilty.
deelmatina • stated that the shy wes es eseiset
city, that tie port was aa deka pert, that the
T▪ hat
aliened, dims. Were • body temperate,
bg that add( the** the dad* et the part, they were
sallied to •weiAtell
_iamb laded at the pert; that the
imperatimakegh Math. weights in teshairrposs ; does
Iwassmaillei.td a tell of des every we a
=rtal= the eddied brassie into the port ; that
the sorderfima abed to well h the same ; that td deed-
set newel lealledltlhills ie do tao_j 'smith* the emporia-
titth wsre thoughts d*thetNYafs.theme*fagqaawee
fa
lion es mew of the tpert, The aspireth&eiafsaed the
bile, these& were brought Maths pert it sal. it
°there'd,. sr medlar may writes wed or wed mat be-
stowed apathies la the way of retaking se otherwele.
The defeadeat ethnklid the title if the mereratfee to • tell
twhisk de seigisally Co. of few posse idled that
hey were .tided to ft am owed of theport, dui
h
it was cooly a City due, payable to them by reads
of their beteg the el the City, ad only elmmeblefe
of dab ha it isle, bin the. n the se ay for .
reaped
roles of measeda4 their leibr. The ieleadeat im-
ported hie eedembillef fala ewe elmele, ter the persist of
shag them la the pleatielld ef his own besisem, sad not
for sale. Far mesa time he sedided to pay the tells, but I
emertainiag afterwards the resin taboo did dais, he re-
fused to madam the payed* el them epos smolt seals as he
did not import fee sale. Other mercies* *livered his et-
ample, and the epeegepee was, that, to try the risk% the
present did was altimalsly beenght. A add was previ-
ously served epee the parties mrshasing, whisk embodied
the ironed es whisk the Naiad& proceeded. To establish
their dad the **tiffs diertook to peed three
tsar-tae, That Redesettr was a aorporalkm by preset}
dos; Sadly, That the seadeation were the doers of tie
post of she sky; std idly, That they were satinet to the
tells is question as poet dad; tad if as poet due
for all seals, without re set to their Wig Weight in far
salo, as to say sands which might be Mad is rested of,
them. The pleiatiffs noted, at the Wel, ee Doomsday
Loh, train • mop* whisk it ensued thes the City was
worth 1001. whet the bishop received the great of it. 240
Weal dad making this great Wm la existed*, bat it
wes caddied that it most be assumed that there bad beta
a darter, whisk had bees lost, aad that that charter bad
costained a gnat of the tort, ahhodk similar Marten
penally did set de so. Bat the earlier domed* utast,
having refereed to the subject, chewed wto SOTS the that
the City bed been let to the tided eta fee farm rent of
254 , there befog nothing in them to ladled* a great to •
greater getout. It 'mud ia STAMM that, aell, there
hod been Sondem afferent charted gatto the City,
eleven of which were extant, thom base neither the
earth* nor the West. It, was admitted, on the part of the
seepersties that nose of these charters contsised may express
grant of the pod It was proved that sin earlj el the 4 BC
ward 11. than was • port at the city. Bat .t that time the
port of Rochester was in the king, who was the. the owner '
of the city. It was competeat to the king to grant either
the freeshise of the pen or the sell of the city, or both, bet
a peat of the ewe did sot asemsarily early with it a great
of the ether. To satisfy the dart of this, the loaned
edam' cited several presses from Lord Hale, pages 64, 72, '
and 73. The Klee had .tally granted the city, by edema
°kaftan ; but the ownership of the port had sot petted 1
by them. In prod of this the leaned weasel cited
several of the 11412/1110. The governing charter . wee de
of Charles IL, is whisk ft was caddied, ea the
port of the plaiatith that there were tams which
would *dictate both the existed, sad the paella( of
the port. On the part of the defeadant, it wee admitted
that if the fact was established of the payments having been
1111.111 from II very early per sad that they were to be
maribed to the ewastii j of the port, there was satheitiat to
jamlly the isimmese that the eseporation wee entitled to
them as pert dame—bat it was entended that this fact had
sot had debibbed, sail that, es the payments nude were
to be seedbed ady Oaths owdrship of the city, or to services
hadleradtis mpg& of the coals, somateing, which did not
exist, deli opt fs ammai es the foandatlea of the title,
white awed Ilempielisa added for it. Tie whole of the
&leaded% Misuse west to show that the plaintiffs were
sot the swam of the port but simply el the city, sad that
it was se sock alone that they were paid
W dues. Evidences was also offered to show
that the dues bad sever been treated as port dues, even
by the corporation itself, until shoot 1848. Ceder the gene-
ral act of that year, altering the mod* of levying dues upon
' cosh, the toll upon the measurement was °caudated into a
toll epos the weight, aad the Impend formerly charged
per chaldroa oceverted into threepence end the emd it of a
farthing per toe. The commutation was established by an
ideimidon' bet the dam were urea then sot treated as port
dais. Leave had bees reserved to enter a nousait, on the
ground that there had been no such comatatatica as was
relied upon. The Lord Chief Justice ruled at the trial that
the dues must be referred to a legal origin, and that the only
origin to which they could be referred was that they were
port dam. Bat the defendant did sot deny that
then was a legal origin for the dues, but be denied
the legal origia which the plaintiffs set up for them.
He would not sew enlarge upon the point of the nodesta-
blishinent of the claim to the extent to which it was made,
although that was one of the points on which he applied
for a sew trieL As regards the nonsait, the plaintiff should
have skew. that the 4d. originally charged was a port due
sad that it had been commuted, as such, into the toll of 3ce.
aad the eighth of a farthing.
The court was of opinion that there was no ad for a
nonsait, for the comeastatioa would on the same
evidence as the °rigida due by whatever name called. With
respect to the verdict being against evicted*, it would not
disturb it, Uwe was iridium to go to the jury. Hitt it
wotid grant the rale for • new trial on the growth of nats-
directed for taking the ruling of the learned judge, ry
stated by Sir F. Thesiger, sad the court relied upon his state-
ment. it soused* be safficisatly doubtful to justify the rule.

COURT OF COMMON PLEA&—TiorrEaDAT.
Ilmntos DI ILtaco.—Bcroan LORD CAMP ittorics WILD; Ili.
110/ICI CLIOSWILL, AIL 11C111 WILLIAM; YID PAL .11. MCI
Tamyna.

FOSNIZOILL O. TODD. -SWAIM' NOVO'S AND SOLD

?Torsi,

This was an action trista;far7Mr. Baron Aldenon at the
last anises ►eld at York, when a verdict war found for the
plaintiff, damages 6571. The declaration stated that the
plaintiff awned to sell and the defendant agreed to buy fifty
shares in the Gnat Northern Railway Company at a pre-
mium of 11. per s►are ; the shares to be transferred and
delivered to the &hadn't not later than Se 6th of May,
1849, the date of the contract being the Me of May, 1847.
If t►e skarn rune in price, the plaintiff was to have the power
let swelling the egreement nom Ma defendant the
sum of 2631., and if the line were Nnined the defendant
was to be at liberty to remind the eostriat. The defendant
had refused to erupt the aisres, and the present action had,
herein% been brought.
Mr. Knowles, Q.C., on behalf of the defendant, now
mewed, pursuant to leave reserved, for a rule to show cause
why the nudist should not be set 'side and • nen nit
intend. The horned seansel stated that, at the timv of
the sunset tieing made, the plaintiff read, the defendant
were both Rennin of the Stock Exchange to London, and
►t and sold notes pared between thou on the occasion.
Inthe sold note nothing was said about giving the defendant
like power of including the agnemnt U the railway were
abandoned ; and Mr. Knowles now submitted that this
varieties in the bought and sold notes destroyed the contract,
and therefore no action (or the breach of it could be
sustained.

The Court sold that the goaded la the ease depended
wiry such upon the nature of the evidence which had beta
offered at the trial, sad before they gave task decision they
would mesh with Mr. Baron Alduenn.
Tits Quasar it. van Sulam or lanonovaasittaa.—
Arr•OnnanT AGAINST sus 111011 81111.177 OP LEICUTIa•
111112, ox £OOOOlll7 or MS 01/101111 inning ALLOWID
• Pateozas TO niCAPB PROS au Cutest.
I. this ease Mr. Leek had, last term, obtained a rale
far as attecitaast ageism the High Sheriff of laiceetersliln
es swestat of his taw having. permitted a primate to
= freed his Joustody. The maser had bees Wowed I.
until this tern Larder to estaMe the Sldh Sheriff
to
ao doappliostiaa to the eosin whisk he might be

ffielia-nt Chancell, on behalf of dm High MIMI. new
moved ter a rule to 'bow ones why the peemiedho Auld
not be stored ea sub time as the mut diestd Mink er
why the matter should not be referred to the Nam Ises
what annul of punning demur the plaintiff bed
Innen* of the defendant having reaped from the sheriff's
. The lemma serjeant stated that be mud upon
ellitufte which set forth that the defendant is the
sodas, William &ogle., had got away dun the sheriff's
Gem throne' the couivanoe. of a person named Way,
dab to the plaintiff' attorney, and also that the defendant
was a penes so overwhelmed with debt. that no real good
maid hays seises hue arrestint him. The Int affidavit
was that oldie sheriff's Aar. who stated the{ he wrested
the defendant, Willis* Nasalise, at the suit of a person
named Ards' Seethe sure of 2,011001. os he 11es mender
from the fustriwl of Ids father, me Rev. Thomas Blaskam.
The defendant that requent that he nilitht be allowed to
fto into the bum of hie brother,
heHurl Coles Bingham., to
which the ode eseenated, eel award ingly went to, at by Wel. After a abort time they came eat
ag▪
ate, but tat he the INlstedaat was about to get into the
earsiene erlidi bpi balia Wed to take him away, he rut
bask *mime hb s hum, pursued by the sheriffs
Alan. '!b entered the house by a back door,
whisk Wes shat in the officer% hes. The emsx
them rua be* In • front door, sad effected an
enermale Ihe house, but be fund that hie
iemped. The al/davit of the sheers caw
=e beelallebed dem thrieg all this time, Way, the attorney's
dark, reonsimsd seated In the carried', and although di pe-
ewit gaffed we. him several tines to cane to his assistance,
Mold not M so, but if he had the defendant would bete
both encoptured. The affidavit of the sheriff's officer met
hrth, ea newts' did that of his wife, that an offer was
ludo to Way to bring more then one officer to arrest the
delludant, William Bingham, and that Way replied It was
asl neemeery. The learned sedum then read the &Mull

of • genial Is the ese•tee Celts
grim swage, that while Way wee having ems ref=
la tit serraabe had is Hr. Been 'Odes Biagbenk's bee"
be • gala be biped, that tb• deteedeet, Maim
mire. as ties the *pill
hew ply die swag. The leamedsheriff Woof
essebollsil Illiallyilesdes, by reeding afilds•lts, flow
it •fteseettbas die dels•lsat, Wilma ittegbellk troy
Was bet en weft el MK • yew let Ms by Ms. tetbors,
bed gliteleseell="&tetateldtrpelirlibbi‘bis
that they NW NA* MOO kr am peopesei4lery.
sattlellear HAW Irbilh ail bees weds op We
Wam, eidiik OM be owed se I& Mbar!' Mile: edit.
atm 411,1etithise she boiled estrum minket tier be
WM estitisa le • Me.
I ?be iseettreated ;Ile.
.•

COURT OF BANKRUrrCY.—YzazaDAY.
Derma Ka. Oseamemern ac Dora.
Ix on Rowan.—Tim " TALLY Twain "
This wee the that minima= meadow la the ewe of T.
Rowan, dram Cambeitlge... The beakrupt, who had bets
sagged la the tally trade, ernes 1,666 L ; his realised mills.
WON
lirtkples sepport the bankrupt.
Mr. Omit* opposed, _
fir the essigeme, ea the grated Of
lawsMaisat essewals. Me mrestisald the mediums's of •
debt of RM., Armed spaie to awe Robert Wilms, the
beether-irlew el the, who had bees in his
as traveller, at a pod a week. This perm was
at great leastit, sad gam • very einem *andel amount if
his t, oleo of an Memos of 1001. which Ise ithil
beekrupt fa. the purpose of tranamittlag to hie
i But dead. It was emended that this mosey ninth
less the boakrapt's owe, sad the witness was closely
as to his previous mesas el saving sullen aount.
ritess:tisited that he hat been a giewskeopm, at 301.
a year, and hod left esetlead an essasites of soma
claim for 241. be_•lag awls against him by the perish
eMsers,,whish he held sever path. Ho had a " swap "of his
fewalture, to dohs' the claim, bet did wet know the amount
realised. He ha nothime la writing to show that A. beak.
rapt was to pay hi. a posed a week. This payment was
to ho away though he was ealy learn ng the Neither.
Sr.. D. Lurie, of the Ana of Lamle end Wilson, ware •
howeessea wee of the asthma s, proved that the. ammo
of the trade wee for ;meg men who were leaning the bad-
aess sot to ready. say WWII for three yeses; afterwards
they had the option of purchasing their reside. At the
time of the baohrupery the last whams made no &aloe for
wog" bat eleumaded SOL. for "showing up" his round—
that is, poinebog Out the parties who were ladebtedth the
bookropt. Tin imignses would sot epee to this, aid sold
the rood. Rs, what It would fetch.
RI. Lwow admitted Wilson's proof, bat refused his
to be paid in felt.
wiLlfri.°lstarrio supported a proof for 7563 , by Mr. Edgar. of
Bury, Orem whom the bankrupt had parehmed his business
Mr. Cooks opposed the proof, on the ground that the
Makrupt was a minor when the tramaction was entered
into ; and produced a ',mitigate from the clerk of session of
the Meknes 's baptism.
The seculathe wet befog admitted, his Honour admitted
the proof, subjest *dlts befog expunged oe proof being
supplied of thee lather. ,
The beekrept was than examined upon his emanate, and
was allowed to paw.
Mr. Depree asked for ate allowance far the bankrupt, who
had bean put to meth expense is travelling, sad it was
mated.

Ix as KIMP.
Thomas Reginald Kamp, bill broker, of Abcbursh-lane,
applied tor his certificate. Ile was supported by Mr. Parry,
and opposed by Mr. Millard for the amlgnees, and by Mr.
Dowel for several creditors. Tim Waste sheet, which
extends from the lit of January, 1847, to the 2nd of Jana.
ary, 1849, shows an amount due to croditen of 16,9761. ;
profits, 9831. By debtors (estimated to produce) 2301.;
office and law expenses, 8891.; bouts and personal ditto,
1,0891. ; rent, taxes, ite 6441. ; losses, 4,8321. • liabilities,
8.2921. ; delimits/ay at th. '
imennesteeismat of the amount,
2,2861.

Mr. Dopy** took a preliminary objection to the application
being now heard, oa the ground that the bankrupt had cot
complied with certain requisitions made to him at the last
gaieties, by supplying puticulan of kis furniture, sold to
Mr._ Nesbitt

—in Groom, the *field misses, add the habit-rapt had
mot complied with the requisition ; sit he hod dose owl to
tarnish a list of the articles sold.

Mr. Parry coitiroded that this was ell that was required,
sad stated that, by an ansugement which had been made,
the furniture embraced in the bill of ale would be lives up
to the amiguees.
After a easvalities, Mr Honour allewed the tau to pre-
ssed.

The bank' opt was examined at some length as to the
divisors% of articles of furniture not included in the bill of
eels to Dr. Letheby. Some plate, he admitted, had been
dimmed of by hiswife when they were in difficulties.
The principal groan& of objection were that the bank-
rapt bad improperly contracted debts, and had lived at an
extravagant rate.
His Honour suspended the certificate for three months,
granting protection.

Burnam Ma. Covornetwora FAN&
Ix XII PIITCIAND ♦ID DALI.

Another sitting took Play oa the question of one of these
baukrupts, M. L. Pritchard, passing his lest examination,
the awe of Dale being already disposed uf. The natter has
been so frequently before the a :art that it het lost all its
lacerate. The last adjournment took place for the bankrupt
to explain as lam of 3 3871 pat down as e kyle on /Mat
Linde sod Think Railway than&
Mr. Tilleard, who appeared for the South Eastern Rail-
way Company, stia objected to the amounts, and soother
long inveetigetion was gone into, et the don of which his
Honcur deferred giving Pediment.