The Express.
London, England, 1850-11-07 00:00:00

=MTV COMM-Y=2nm

--
Imam we LOD Quireausa.
NW, v. awn
Fawn Taxies axe anemia.
The ford an tit* tire pavilions et appal in
rte aim awatiesed la taw rep)rt la Um Dear New of
Tawilay, esingivii die seed up vs its Ade, at Wilma tee
Weleek. wlias tea, wave again adjourned. Tie Ism net
M Imputes/le se maim a report vain tho stgamau
laaaayt to a eaealesion.

Boom is Mars e• is Roux
W Mai=
14r. presesied with his trimmest is sweet of tits
smseitism es the Matter% Torn.

DEPOZE VPMCIWICIII.IOI I.IOIOT
Ito as Pastas,' Smoot, Cnnatrr.
This was the petition of the trustees et the above selleel,
praying a reference to the Master, is nasequemos of •
purchase of a portion of the charity load by a railway tom•
posy, for 8001. It apposes-I that two of the trustees were
elorgreen, (one of them being the vicar of Leaghborough),
and they wire desirous,' by norm of their parochial deltic,
of being relieved from the further superisteudence of the
affairs of the charity. It was stated also, that some of the
inhabitants of the perish in which the school was situated,
were of opinion that the adminietration of the charity was
eweeptible of improvement. although there ?anted no cola-
plaid whatever of the schoolmate?. It was, therefore,
roamed that there should be a reference to approve of a
_ _

icherne.
Mr. W. M. Jesse supported the petition. Mr. 8. Smith
appeared (or some of the peril's interested in the charity,
rind Mr. Wray for the Attorney General.
Hu Honour, on being informed that the schoolmestee had
not been fervid with notice of the petition, said, he would
make the Order for the reformer, when the schoolmaster
Ma been serand behaviourpe. t$ it envied be wee appointed
during good and, therefore, had a freehold in his
Office.

131:81KISS or The Coeur.
HU Rot our said he had been informed that there wets
about 4.00 claims upon which he should be called upon to
decide. lastest! of setting apart any redouble portioo of the
term for this blanch of tee NANO el the evert. off ha,log a
separate paper, he should direst the delete to be treated by
the officers as causes, and to be planed le the sane popes with
them, acemdang to their dates. This inlaid bee met eon-
-Ir/sleet sad economical arrangement. seaweed not interfere
with the general paper of contested mem Such of the
Mauna as wen certified by mussel to he in the nature of
abort woes, might be placed in the paper for business of
that eaters. It would also be proper that either party to any
of the Maims should be at liberty to set them down for hear-
ing es ea the day for showier cause. The preface of the
alert, be hoped, would readily adapt heel( to the exigencies
d the particular tam.

COURT OF QUERN'S BENCH.—aYISTERDAT.
Iknows is SIIKO.-847011 Loan Caisminu„ Ma. Jm,ca emo-
tions, Ma. Jounce %%owner, am Ms. Moms hem
SNOLADD V. lI.OIOeFOAD AND OTILAILL-4111ACANTILE
Cotremeerre.
This mos wee tried before Mr. Jostles Wightman at the
last mesas held at York, when a verdict was found for the
plaintill, damages 8001. 4s.
Sir F. , on behalf of the defendants, Messrs.
Ki•Pfol,4 cad Lay, son factors, of Mark-lane, now moved
for • rule to show muss why the verdict should not be set
aside and a new trial had. The first point upon which the
trained counsel grewided his application was this—whether
or not • contract which had been mitered into between the
plaintiff and the defendants could, when properly construed,
be aid to contain • warranty. The secondlground upon
which the learned counsel moved was, that the verdict was
against the evidence. The action was for a breach of
• contract, by which the defendants covenanted to de-
liver to the plaintiff, at Hull, a cargo of Odessa
wheat, which had been shipped cm board a vessel
named the Active. The cargo wee to consist of
3,300 and odd quarters of corn, and was to be of the same
gimlet, and description as the sample. This the plaintiff
alerted amounted to • warranty, while the defendants con-
tended that it only amounted to a mete sale by sample. The
dire of the contract was the month of May, 1847. The
Active arrived at Bull after a voyage of 83 days, and upon
examination of the corn it was found that a portion of it,
fa the fore part of the vessel, was heated, whilst according
to the plaintiff's evidence the corn in the middle and in the
after part of the vessel wee la a good condition. The plain-
tiff gave no evidence as to what was the stets of the corn
when shipped at Odessa, in slay, 1817. The leaned counsel
now stated that it was necessary when corn was put into
• granary that the heat should not be too great. Corn
was en article which required to be continually turned, and
there could he no doubt that so large • quanter of wheel as
was on board the Active would become hautd daring the
voyare. The plaintiff's witeesses admitted that the month
of May was the worst month in the year in which
to ship 0 lessa wheat. The ours was solo by the plaintiff,
bet he gave no evidence with respect to the ode. The
plaintiff complained that, upon the arrival of the vessel at
Hull, there was found to be a deficiency of 61 quarters in
the quantity of the corn by the cattoin-bouse measurement
as compared with the hitt of lading, and with r. gard to
whims the veramt was given fur 1501. The Important quo-
lion In the caws was this—Did the contract contain a war-
ranty ? He lair l Timmer) conteadad that it did not,
and that the defendants would not have been liable to the
plaintiff if the goods hail not in any way corrimponded with
the sample. With regard to the vadiet being against the
evidence, the evidence was deficient in two paints—kiss.
there was no proof of the condition of the coca when it was
shipped, and also that no witness was called to show bat
much it was sold for, and there was no semen to believe the{
It was dispesad of as damaged wheat.
The Court refused to greet a rule upon tho point as Is
whether or not the contract eostained a warranty ; but said
they would look at the evidence in the ease before =
then dud determination as to whether e rule nisi
be granted.
RICMAILDOON V. WOOD4OIe.—LIEIL.
This ease was tried before Mr. Justice Nights:tan at the
last arises at York, when a verdict was entered for the de.
fondant en the first issue, and with respect to the sewed
issue there was a special finding. It was an action for libel,
and the defendant pleaded not guilty, and also a justificatios
with regard to • portion of the libel. The plaintiff was a
highly respectable attorney, residing la York, and the de-
fendant was the editor of a newspaper called the oekshiee-
wan. The tacts of the case were these:—lt appeared that
• meeting of the proprietors of the Colon Bank at York
bad been held some time ago, and that Ur. Radios,
MX., wee a managing director, and that Mr. Richard-
son was the solicitor to the bask, being also Mr.
Iludoss's private solicitor. At the meeting some die-
ousiett took place es to a bond which had been gives
to ensure the proper discharge of his duties by a Mr.Blll-
- who had been the manager of the bask, and who
had become a defaulter. That hood had been lost, sad sae
of the sureties to it having died, the remaining surety wished
to be released. Mr. Richardson was, therefore, directed to
cancel the old bond, and to prepare another one, whit* had
been done, but the original document could not be found.
After the means bad takes plops the following article
appeared la the Intashireinisi newspaper, and was the
allegoklibsl complaleed of:
The Umiak Baak.—Carious Exposures.—There wore
madly and startliog revelations leads at the annual menag
of the proprietors of the Union Bank on Thursday last. It
sertaialy would appear as if there existed • charter fee We-
sumagement„ and defalcatioa in every joist-stock
company la which Ileum 0. Knauss end J. Riskardesa
have had coatis/ Everybody knows that the late summer
of to Union Bank hang overdraws to the taw of about
20,00 W., the authorities Lacompetescisa bays reamed that to
the me of shoat 16,0001. It aufortasately kappa's dm the
shareholders that they must make up their minds to lose
their money, for either bartlitre, or neer/secs, or fraud, se
so me other cause the original bond given by the late ma-
nager as • leaky s for • integrity is sea set lamatas,
while • mama bond, Intended to a sabotitated for
the ant, and draws •p by Mr. Richardson or hi
partner, may be eomsidand as so stub waste paper. If we
are to accept as true all that transpired at the martin,
nobody knows when the original bead has gone to. Every
body, directors and solicitors, profess entire ignomeee
of whereabouts. Possibly it is destroyed, and MI kr
the share holden to say whether by the author or
authors of this extraordinary and mystsrieutraseactiosi they
may not fortify themselves against feather saIiAML Our
own opinion is that no man should M >rmsld r • MIllfalli•
We situation who was narrowly esessintel with Mr. E. em,
That man is not only corrupt bat esmispes every ems
aremad him. We point to no onigellt—that we
leave to the shareholden."
Mr. Watson, Q.C., now moved am beef el the plaintiff
Ise • rale to skew mass why than amid net be a new
or why the swan Mead net be sawed kr Ike
upon the soma ham TM Ismail swag said Mrs
jury had animist a mastmenikens asmdmion Is saying ant
the utak was met • ebel, for It emit sopmehms ma as
character sod semdmall of the *Wig
The mart sal they would grant aMe Masa suss why
the verdict upon the Ant issue abseil not be set aside, aid
a new trial had ; or why the vemilit slisubi mot be Wad
for the plaintiff es as assend leas.
Rale nisi pima& sansdagk.

BAIL COURT.—InumuuDAY.
earns m mice.
Pomo e. Dintoodos.—Blast or • Bum. to 014.111
1NT313117.
/IL JINA.ao CI.C.. naval Itslra nib selling oleo the
*SW to show ease ets the dumps is the shoe we,
wheal hod Wen sows& is 6 edt el oasis hefts the
skied st 1114disras should who Mused best therm of
9.7691 to 6Ass mose le of bu-
ten which the thot the libintif
we sot entitled toWiggi—ossains- roes area • deed et
indemoiry. Is joie WA ti. ploiatiro totals led
become minty fortis posted pepsont by the deboisse.
to own Down, .1 so monis st SW poi onnro, old a Ist
days after the 'nil osimag, tab dad hisselr
Ins minted. owelolic ass woes eensyst la
trod to est* ginbeirstoostie.seis onseesseeoe ea.
dontoity oat pesos Wsmodt sossive. ism all " sub,
shirrs domes sat slams" ad* ho se ohm sled be
pat te, to eassornass of he Maas hems west, kr the
payment el the Imalty. The smoky hi In sons. sat
the *Stiff Masi pelt ths lastelmais of lbo essollp as
they lames eina ad kb saosease ore es & to sense
Sew losiehbonte wr blsesst. It sr sow eenhooted that
the paw pia said how boa is hoes mild foe spy.
oast anise rs ishissity deed, boa Um
the inotahnest. as. pod. The cameo kw
MUM to pay instrset—(" Foster wets." SWitri
—obi ohs noble 3 & 4 Ws. IV., e. 41, shish arse bus.
set Is med. sea Mews& debtor sad saliter, dln apply
tetbi ac.—nab

COURT 01? COMMON PLEAEL—T= riansT.
suns« es sane.—wwwon Logo Chum ;germ ream Ma.
Jaynes lterta. Yes JVOTIOI vrnacamt. ens NIL "Orna Time's*.
Unit= a. Caine.—Tag Liniment AND Baturron
RAn.wat Courant.
TWA wte an meths whisk Wu teed at de last adios at
Gaildford bolero the Lord Chief Baum. when a verdiet wee
feed for the dediallant, with 11=fm to enter a ut-
ast far tie *laid, widnendsed
Ifir. Malao% (LC, dadadgeneet to leave d•
mod fee a Ink le aim add So vodka dead
est be waned kr Oa woke imigra
Melons& asswel sew =tat k hes the milks Ins
for an eatualt, bat ia added. ley dd tiontkw
est doe *Wilt woe lawkft aratai likartra et Ike I
Leaks. to ead Saga ONO Ifeliwey
The grassier towel upos whet teok pima as ZVI
elegies tar a member at Lusters. It append dot
Hamlett was • seleissisi2EC bid been outuden
In making the Lanka art Railway, and one ell
its breeder. He was a to a large snows% a
boodholder for 10,11001 and Wider of consolidated nod lel
de stout of ROOK toeh sonsidered it a UMW
of great to Oat b skied be elected • director.
The files ef throe et arise, in the place el
three who were pis( ea et arise, took pied
in the early pert ipt tie 'meat yam. Mr. Raid*
re
declared Moak to be a eardhlate. The direetorsimmed
advertionnent on the tad of Jesuitry, 1860, statist that as
election weredirco. would take plea, as WIWI Wham.
holders wof (vision that the vaeancees had been filled op
in an irregular manner. On the 29. k of Jeaury a meeting
of the shareholders was held at the London-hedge Tama.
when the election took pled Mr. Laing, thermos d
the oomposy, presided an that occasion, and made sorted
in favour of the three retiring directors, Messrs. Shorter.
Nix, and Laskiagtoa. Mr. Flood, • barrister, then
proposed Mr. Resnick, spew which a show of hands
was takes. Tie chairman declared the show of
hands to be in favour of Mesas. Nix and Shouter
but was doubtful as to which had the majority as
between Shouter and Restrict. and he therefore took the
show of hands between dud two patlemto again, and
decided it to be is Wow at Shouter. A poll was tiles
rewarded, which was actordlngly granted. Thep poll cloud
about six o'clock In the Grusin. The polling papers cat-
called the names of all the bar candidates, but when the
pupas were examined It was fund that no votes had been
elves for Lushingtou or Nis, sad Mr. Rastrick was found to
be in a ito Tbe learned e now un-
tended thatstf therity. show of bands was a void pro-
ceeding, and that therakee all four of de ed.
didatea ought to have gore to the poll, and not
harlog done so, that We attest, Mr. flatfeet , and
Mr. Shouter were the only two persons duly sleeted.
Mr. Remick at tits next beard meeting attempted to eater
the room, but was prevented how doing so by the de-
fondant, in order to try the right. In support of his
argument, the learned counsel quoted the cage of Autrey
e. Stayer " (in Haggard's Reports, pee 9). Heconteaded
that the plaintiff was duly sleeted, inasmuch
takias the show
and
of
kends was void immediately upon • poll ng plea,
the result of the poll only could be taken into account. The
shareholders bad a right to a plurality of votes according to
the number of their glares, whilst at this meeting they
mould only have held up one hand each.
The Court granted a role aid

COURT OF EXCHF.QURR.—Ygrrgarosy.
&Immo m Boma
1.1.W•10 v. Lrrninwoon.—Biumea 07 PUOMIIIi
or Masamos.
Mr. Berjeant H. Joao moved for • role calling oa the
plaintiff to show eons why the vodka in BM we with
2001. damages, should tot he set aside, sad a new trial had
ou the ground that the verdict was spinet the weight of
evident*, and that the damages were ezavesive, or that the
isdpseat should be misted. It was an action for breach of
promise of ressviage tried before Mr. Baron Parke at
the hat Chester seism. The plaintiff was a widow, and
kept • small public homes at Batton, our Macclesfield, and
the defendant we a married man, • machine broker, raid-
las at Cooper's Bridge, sear Huddersfield. The plaintiff
had two sons, one els, sad the other it years of op.
Mahood died in Jose or July, 1849, and on the 3rd
lel the following November the defendant, who we. a
Infect stranger to her before, came and redded at
age bones se a lodger. In a day or two after-
Wlliksorn=llll to marry her, cad was assaped. It'
IMO disowned that be was • menial man,
wilts pewit-op family, one of his daughters betas needy
MI yens of age. After the lane of a few weeks the
were described "to be getting very loving," and ea rw as
donation having been made of the facts, she bemuse easy
sagry at any interferease " with her or bar affairs," gel sail
tbat. married or not." she would keep tits &student eons
pony. He soon after left that part ot m atey, and was
eanued by the plaistiff, acooinpaaini by • female &Mad.
They fund him at Manchester, sad, instead of
him for his conduct, they were as loving as ems, tad
the evening together. Bite timid all the persuasion she
could to iodises him to female with her, she having=
of her house, as she allsged, on the faith of the de
protons, but be Wend. After going at 'engirt Wray/hum
various eireamolsafts of the ens,
Mr. Baron Parks npoeted his epic
that the venlig was
not against evideues. There wea sufficient acidosis of a
promise of marriage. If he had been one of the jury, he
would tot, under all the circumstances, award so large sa
amount of damages, but they were mot so enemies se to be
Lasatisfied with the verdict on that groan& The jury were
• opines that the plaintiff had no intimation of the defen-
dant% being a manW man when he proposed to marry her,
although a witness was esamined as to that fact.
After some further discussion the court thought the role
must be relvesd on both grounds. The verdict was not
against evidence, and it should not be disturbed on the
ground that the damages wore szassive unless the court
were satisAed that the jury had proceeded upon entirely
snowman piaciples la estimating them, or that they were
Ire* anessive. With nepeet to that pert of Ike motion
to anise the judgmeat, the we of " Wild v. Harris"
(IS L ism& ) was in point. The defendent should be left
IP hYesmdy by writ of erne if he chose, but there ware rte
=.be that brands ef the motion either. The role
Ibsesiors be refused.
Mk refused sessesUy.

SECONDARIES' COURT:YEB77.IIDAT.
DEMO Xi. 10:011111411T POMP.
JLNIS AND INDIUM V. SRI lINTIALD AND EDMONTON
ISSILWIT Coronary.
The plaintiffs la this ore us Mr. James and Mr. Sawyer,
who were mtalead r islet 'Welton of the Enfield and
Rdematoe Railway campany to obtain an set of pull*.
mint for the aloft potpie's. The sat wu obtained,
dm whisk the diode's alarmed of their right to the
Rafters Commies Railway Cemploy. The prised arks
wee brought to recover the sum el 741 , whisk plalatlll had
ea ftodel In comasiktire
Mr. Bell* sapwood ter the plaintiffs, bat the &Amasser
allowed lodgment le go by default. A verdict was Wee-
k,. Om kr fts mesas sambaed.

COURT OF BANKRUPTCY.—Thrmay.
sum m. COWNISUOVIII FONSIANUI.
IN Al EDWAND NAIINE.
To day mailed for a dividend meeting in the ems of this
bankrupt, who was • stockbroker, of Copthell•rourt ; and, as
oar readers may reeelleet, I now undergotag • term of im-
risoameat for isiselmmeoar.
Mr. Busts appeared la support of • proof for 2,2001. to-
ured by the Rev. Mr. Braes. On a former omission an
adjoaransait we ordered, es that Mr. Besse might be pro-
dp:=7lith the view to show that that paganism had em-
s felony whisk it was alleged the bankrupt had
annithed. Derlag the Werra the Rev. Mr. bus lied
Med.
Mr. Haleary, who appeared for mad eredllessi toe-1
tended that =mak a Mr. Biree'e attaraey had Mad tel
ire aides ef tits der a hie diem, the manses
ha
to
lie liedliedthe apperraelty of esessided the
iiiifik
Ms =rpm ef seder( at the flivaisestassa. 0
=der whisk the nisessiatiee ei him (the baakrept loy the
Ha. Ms. Bass lied hese scrigandei
Aka Nur diner he,
Mis leaser add he wart Mara the consideration of
20 midi Oa Imitrapre lana of imprisonment had
a= =a Mr. Radom would be at liberty to
cuisine hinl.
Mr. la support of a disputed claim ei
I,Mol.l=feyllirtNelpart and Hereford Railway CIINI•
pair. Iris the mown of a errs ea sells ea railway
rase, a weep= of Midi the bankrept was mid te he
liable. The eampemi by ha aft was net at liberty le make
•MI et Mae then M. per AWN or at mere fremewl later-
' yds thea shwa menthe. In the puss.t ease thus Whera
illiMed sall.
In wry, la appals, As proof enteaded that the
inland the ad badman lt two alb, ad that the sem=
= Wei =powered to rake non elan see all they odd
Itire the debt He (lit. Hillary) wee era* ay
Mat he =ld prod= sues la sewn id Ye
agCliteents end that fee the pm= he nail dohs
Skin illddrolld‘bet le right ay That arms SIM ass
ems adverb to the eadhany of the leaf, he shall
held net the Arida ef • all did sot rake it two alb, =I
Orel= ei=sireal.
3 userdiagly.
Wiltrirepest to MS unseat el dividend, it eennot be
stated with mammy st geessat.

INSOLVENT DEBTORS' COURT.-TESTIZDAY.

Swam Ma. Oonsimum Lime.
111 11111 MATT= OP 3a Essan.—lstromurr
Damps&
_ _ .

This lushest who wee-7pilten Bthr•strost. Laisea.
_....Serthurta2lrd swim the Preteetkos lath Mr. leek&
=de I•perte=s wee rated. The loath
•ad Ina a=l width lir set la lfth, wad is ISM to
me a Mai m% est Is OM eithisth his retied.. 11e
serOvAst asteslissi with wadi nth mint
iippnVarriereairiteA=l= in suss( leek.
as •
see), loth the m-
ess& emetics wen pail is the pessil. es Measthal_ jaLthi
oith Gee. IT. e. 116, e. I. The saw
walks the Pestethiss
lot
the groin wee wS=....es.
he wee pretheilei babe preparty mewl of the sewed
benkreguth:=eisli le sthhisth.
Mr. last the polies swat be akwaissed
es Ss mewl thet the blithest emit Prebold
Gad thandire add set potties wetter theteetiosPirtlY'
Wth. Ceske urged thates thekesps 6 Gee. IV. (the Bankrupt Ant)
wea
_Oesseliaades ant.
Kr• thshistr Lew eine whether then was sow so
similar prevision ht lithe la the Maine{ Yon
Mr. Ceske ma Sere wee set, tot thsaticeed ward
shun were Wham ware eat he*. Tits lathed marl
thewasei Si saes el High a who was 'asthma Ow a
Ilieliwatawor tttltl Po Ot.eiW.l AS we law/ kw ell