The Express.
London, England, 1850-05-02 00:00:00

THE EXPRESS, THURSDAY EVENING, MAY 2, 1850.

CLERICAL
•ACAMCIY.

should have a month's credit. Mr. Justice Tatiana, before
whom the we was tried, was of opinion that it was a con-
tract for one month's area', daring which time the defend-
ants might have, the genii wittiest paying for theta. The
pl.loti s then rreosid to evilleme to show that this
was not the meaning lithe senteask and what the meaning
of the contract in the wail trade was. This evidence Mr.
Justine Talfoutd redeeled, epos which the plaintiffs were
mouthed, sad the sew was whether that
evidence was etkostet was the rale of law
vr nerd to osatmett that @eldest' might be
admitted to explain :,bat not to methodist them
either directly or bysad the queden Mentor°
was whether the eviiesse primed to be offered by the
plalatilli la this amt IMO vial& Me Me. Os behalf of
the pieintiffs it had bola urged that evidence might be ad-
mitted to give a malaise to a usenet different five that
whisk appeared rpm the het of it. Os the pert of the
delmassis it had IMMO matended that evidence mold sot be
offered Ise the pairs, of eintradicting • written instrument,
or kr the wpm of &Modules an iacideat late the
testiest epee a Oat on which it was Went. The mart thought
it wield be laspesper to eat up an incident which did not
mzin the sonhact, and which the court thought by ba-
the contrast meant to exclude. The incident which
Sheet& might to set up was that it was the meaning
of metheet that if the goods were delivered within the
sheath thy should be paid for as being taken. The court
were of opinion that having regard to the rule of evidence
with respect to mercantile contracts, the evidence in the
present cam had been properly rejected, and therefore the
rule for a new trial malt be discharged.
Rule discharged accordingly.

Lioruszsam.-Bt. Mania (Cade:), Orford ; Rev, J.
Perkins, dee.
HIM) Nasnuatr.—Ysnohester Cossmarsial Eohool ;
salary 200 f. ; testimonials before June 1.

NAVAL

-Lintsust G.

ADMIRALS'S, MAT
C. Loyd, to the Ocean.
Mutter's Masten% : D. Burdwood, to Us Centaur.
Foorneorra, MAT I.—The Inalark, brig, Commander
W. B. Monypenny, arrived this ofterneon from coast of
Attica, hewing left Sierra Leone on 22nd of March, leaving
there the Gladiator and Jaehall seamen, which vessAs
arrived on 20A of same mooch from England, the former to
soil the same day for the Como The Siena* bad been to
Ascension and St. Helena. The Seals:it bee during her stay
on the cost made 6 captures, all ampty, and hes been very
healthy, ooly having lost two MAL The Firefly, et. v., at
St. Paul do Loandi, was to be the next yeseel foe Ragland.
Mr. Sisson, from the Cyclo Ras Was Mem by tl is brig
to join the Excellent. Oa 7th of January, the Cyclops,
when off the south meet, captured a line Basilica brig, with
483 alarm on board, having skipped them at Besguela.
Lieut. Hodgkin.= wm pot in as mise-master, and took her
to St. Helms. On her garage, the captain, mew, and part
the slaves rose, sad, armed with knives, attempted to
recover the ship, bat were speedily pot down, a few of them
being shot in the affray, while otben jumped overboard
and were drowned. Two of the Cyclops men were wounded,
and one now relation in hospital at St. Helena. The tele-
. . . .
tinted

strain slave-veuttl, Piovidemsla, was carried safe into
Sc. Selena on 1.1 of March. The Kingfisher, PM:Qin, and
Ranger were in the Bights; the Cyclops, Rattler, Spy,
Plato, and Waterwitelt were as the south Nast. Mr. Aber-
den, who bu been travelling with the late Mr. Dancan,
landed this day Isom the &Walk Rig attempts to intro-
dime the cultivation of the cotton plant were likely to ens-
ued, as he left an acre of fine healthy plants in bloom at
Whydab. Mr. Pentold, clerk, late of the Cyclops, has
Co.. home. The &auk proceeds to the eastward to be
paid off.

COURT OF EXCREQUER-YESTERDAY.

Nis Pima AT

Blooll kn. B•aos Aummag AND

• MIDDLAII•X COMMA JUST. _
Liwts v. KNOX.--AITORXIT LND CLIZNT.
This was an action to recover the sum of 921., the balance
of an account for work and labour done by the plaintiff as
an attorney. The defendant pleaded that he did not pro-
mise. Mr. Humfrey end Mr. Chambers were for the plain-
tiff, and Mr. M. Chambers and Mr. Simon for the defendant.
The plaintiff is an attorney ; the defendant an agent liv-
ing at Camberwell. A person, named Webb, having be-
come indebted to the latter, proceedings were taken against
him, and his provrty was sold by order of the sheriff. The
defendant, imagining that Shannon, the sheriff 'a officer, bad
neglected his duty, was advised is bring en action against
the sheriffs, and he was introduced to the plaintiffs brother
in the lint instance, and next to the plaintiff, who wee di-
rected to commence proceedings. The venue was laid in
Surrey, and as the time approached for the trial, the plaintiff
applied for an advance of money for ,the payment of fees to
counsel, and the hunt court. The defendant having replied
that he was unable to make the advance at that time, the
cause was withdrawn.
B. Richards, an militant to the plaintiff, spoke to the
facts above stated. In crose-exantination the WPM.' stated
that he finished briefs in the cue about a week or ten
days before the commimion day. The plaintiff Charles
Lewis is a brother to Laurence Levy, the sheriff's cfficer.
Be has a brother called John Lewis, who introduced de-
fendant to plaintiff. It was mentioned to defendant that a
sum of from 301. to 601. would be requisite at the anise/
about 251. if tried in London.
Other witnesses having proved the labour done, two letters
between the parties were read. The first from the plaintiff
to the defendant, written on the Tuesday before the com-
mission day (or the following Tuesday) stated that the writer
was very much disappointed at having only received 101. on
account, as he had been 801. out of pocket, and requesting
payment of 501. by the following Saturday, at the time
reminding the defendant that he had mid that he should not
object to pay 1001. On the Bth of August the defendant re
plied that he had no recollection 'pi having made the state-
ment referred to; that he was not prepared to pay the
money required at so abort a notice, and requesting the
plaintiff to countermand the notice of trial, unless the plain-
tiff was inclined to speculate a little and buy the defendant's
chance. (Laughter.)
This was the plaintiff's case.
Mr. Chambers, for the defendant, submitted to the jury
that the notice calling on the defendant to furnish a sum of
501. within so short a period of the trial was neither fair nor
reasonable ; and that the plaintiff was bound to have taken
the cue to Croydon for trial at his own eat.
Mr. Baron Alderson left it to the jury to say whether rea-
sonable time bad been given by the plaintiff to the defendant
for payment of the sum required for taking the case into
court. The plaintiff, under any circumstances, was entitled
to recover for the hoidens done antecedent to the trial.

MILITARY.
1. Limited Service Act, 1847. 2. Mutiny Act, 1850.
3. Articks of War, 1850.
These acts and the Articles of War have just been pub-
lished in one volume, by the military authorities, for the in-
forma•ion and guidance of the army.
1. Tao "Limited Service Act " is a reprint of the sot
passed is Jane, 1847, for limiting the period of service in
the army, via., for the infantry, 10 year.; and for the
cavalry and artillery, 12 years. The act further provides ,
that. at the expiration of Wee respective periods, the soldier
may then claim his discharge, or, under certain conditions,
re-enlist for • farther period of 11 years in the infantry, and
12 in the cavalry and artillery.
2. The Mutiny Act provides that the whole number of
forces shall consist of 99,128 officers and men, exelusive of
those employed in the territories of the East India Company,
hu in fact already been explained in the army estimates
for this year. It is not here intended to give a detail of the
various alterations and additions In this act, as compared with
the one lately in force, but simply to facilitate reference by
pointing oat that ell such alterations and additions are fully
explained at the end of the set from page 87 to page 91, in-
clusive. .

3. The articles of war, which ars considered to take effect
from the 25th ultimo, are divided into five sections ;
via.: 1. Ditties and obligations. 2. Crimes and punish-
ments. 3. Coarta-martial. 4. Rank. 5. Application of
the articles. The alterations introduced into these articles

us also fully explained, u is shown from page 95 to the end
of the volume. . . . .

POKTIMOTJTH, MAT I.—The Birkenhead, st.-ship, came
into harbour this day at 4 p.m, with Headquarter Division
of 82nd Regiment, from Demeport Ike troops landed this
OTtnilli, and marched into quertert

RAW intelligences

BAIL COURT.—YESTIRDAT.
iternwoe to Istico.—Bcrias ML James COLIMIDOIL
THE Corms v. C CRIMINAL INTORMATION
AGAINST THI "MORNING RIBALD."
Mr. Baja's% Bh,e said—My lord, I am instructed to
apply to your lordship for a rule to show muse why a
criminal information should not be filed against John George
Chapman, the printer and publisher of the Morning Herald
newspaper, oa account of certain libels published in that
paper on the 25th of April last. I move, my lord, upon the
affidavit of the Rev. Anthony Magee, D.D., who states that
he is a clergyman and a priest of the Roman catholic
church in England, and that he is and has acted as mi
sister of a certain Roman catholic chapel in the city of
Westminster, which is attended by certain members or the
Roman catholic church, and that such chapel is used for
religious parposco. In the month of December, 1849, the
deponent states he contracted to become the purchaser, from
Lord Cottenham and the other trustees of the Law Life
Assurance Society, of certain lands situate in the county of
Galway, in Ireland, containing 3,000 acres or therabouts,
and being • part of certain lands or estates commonly
kaowa as the Great Martin Estates in Connemara; bat that
no conveyance thereof or of any part of these lands has as
yet been made, nor has he as yet obtained the letal possession
of these laugh. In the Morning Herald newspaper of the
25th of April last there appeared a statement written of and
concerning him, and of the estate which he, the deponent,
had purchased. Such statement is detained in the follow-
ing paragraph. It was htaded :
Ireland.—(}rem our own correepondenti—The Great Martin En-
tate —lt would appear by the following letter from the Nays Conse4
Minn, that the vast region known as the Martin Estate, in Conne-
mara, is about to be made the scene of • sweeping ejectment
Mica-
The letter was then set forth, and was as follows
18411.—1 regret to tell you that the parties
in= In the Mimed Martin estate have obtained no lees •
umber than 111 egisinint decrees against the unfortunate tenantry
alpha lab Wm= lifigtkattEeq. sly this means 5,000 or 4,1410
people walks Mown spa world. It Is fearful to contemplate
sods • Sale el Weep Y • Christian country. Surey, with our poor-
house evesiscrlng with wretched inmates, we shall doub'y feel this
herds seldom le nee "'Wry. flow will they be supported—where
weld the awe be bed : aWI, the old saying holds, "Itis an ill
wad that blew, gab* good." The sesistant banister's feu
ea HMO ejealtueb (ruled In a few hours) amounted to nearly
41101.; and the Mangy% Me, 1,0001.; making together • sum of
ore. 1,4001. It ha smog • sawn= here teat we cannot de-
scribe. We (NW Ossuffes How) confess that we hare heard
this sesesseset with estsehbruat. We wish it were exaggerated ;
but Irma as impeeslllll% oar infest:mut we cannot tor • moment
doe AIL MA di tee heed to believe that la • swan like tat; at
the Old id shako, when won orgies are alto imp the Ina
es sawarjisat a smear, owe sons hire, ea hmes beings
dada be them igen des rata. We as Woe ram bat we
wey—snmetstig mega ol ovals at this prepay, the I=
leengbl the nate to the hawser, rad
rhcatfilll2 net kW rearessiabeg grim hew adopted the hied
amino& 442:71re essiley ef sta bl e; and wan wee
diernekbig a praellesi—siner au es hind =dew
sable OVID prices. nevem be hot
• lash& thee thy are only really geellelle the bah et a ten.
tray 111111/1, et, Ida our freseepeeimt. wire witseggert this
Neer drimpelm—gdisn
adde o win d
the ladgee* ebe WI Weeseeles wavys oa the not the
=g• dams Ida Ole tegsgree b
IMO Clek dre ems et the Meg see net Iddsesn." Tie
pnerinewet lajesiregarty Ss Me ise‘Me. Ms." Isms Ceilidh
14, et Wedsgsear. >lle weeeenes h age he an.
e 4 the it. migerlay el the thermtry,butle mem te
Mese ell wire esto dnerdes—en, In WSe who have a reasogabla
douse atm* their rent&
Them last weeds, " the purchaser at this property is the
Ike. Mr. Magee, Boma Catholic clergyman, resident at
Westminster. His reverence says he is compelled to eject
the vast majority of the tenantry, but he means to restore
all who are deserving—all in short who have a reasonable
chance of paying their rents," your lordship will observe,
I were written as the commentary of the Morning Herald
upon the article that is taken from the Mayo Constitution
newspaper. Dr. Magas says in his affidavit, that he is not,
nor has not been, the purchaser of any part of the estate re-
ferred to, except that part of it which is comprised in 3,000
scree; that on that part of such estate there Is not 630
tenants, nor 3,000 nor 4,000 people ; that he bath not applied,
nor bath any person for him applied, for any ejectment de-
crees, nor bath he nor any person on his behalf takes Nay
part:whatever to eject any tenant from off that estate, or be
throw 3,000 or 4,000 human beings en the rata, or gees M
cast one sash house= person on the world. Deponent
further swears, that he never said he was compelled " he
eject the vast majority of his tenantry," nor that 'be
meant " to restore all who were deserving," nor had be
ever made use of words that could possibly convey sub
a messing ; that though he is not as yet in possession of
the portico of the estate so purchased by him as aforesaid,
he has nevertheless taken steps to tender habitable certain
dwellings thereon, and has purchased nets, hooks, and twine
for the fisheries, and also various seeds end implements
for agricultural and
has doss, ether things to im-
prove the condition of the people, and to incite them to
industrious oesupations. He then gore on to say that the
on of such a statement is materially calculated to
his influence as a clergyman and a priest, and his
me= and usefulness amongst the persons in the habit of
frequenting his chapel, many of whom are Irish, and very
poor ; to hold him up to contempt II an oppressor of the
poor, and also to expose him to much obloquy and injury
to hh oharaater as a landlord ; that he wrote to the office
of the Morning Herald on the 28th of April, insisting upon
an explanation, but that no attention was paid to his letter.
Deponent, in addition, swears that he had been on • former
owed= attacked is the ease newspaper, and obliged to
bring en action In consequence; that the proprietor then
submitted and paid the costa that were incurred.
Application granted.
TRH QUINN O. TIIN INHABITANTS Ol ST, Gaortoe's,
lIANOTIWSQUARII.
Mr. Bodkin applied for a certiorari to remove en indict.
meat from the Middlesex Sessions into this court. This was
an indictment for the non-repair of a road through E don.
square. One iadictment had been already removed into the
wart, and it was desirable that the question at issue should
be disposed of as speedily as possible.
Application granted.

The jury returned a verdict for the platotiii, subject to
taxation by the muter, of those Items relating to the trial,
theljury being of opinion that the notice was not sufficient.
The learned Baron gave the defendant leave to move the
court to enter a verdict for the defendant.

COURT OF BANKRUPTCY.—YESTESDAY.
MOOS{ Ma. Comparator= FonsLAimos.
IN as CAIITTAIL
The bankrupt, J. C. Cutter, described as a solicitor, of
Oreenwieh, was cornier for the west division of Kent, and
proprietor of the West Kent Goardian. This was the certi-
ficate meeting. There was no opposition. The accounts were
published at lensth in our report of the last elimination
meeting. The bankrupt owed 8,6581., of which 4,6074 were
old debts prior to 1841; snots about 4001.
Mr. Nies, for the unpins, said they wished to represent
this case to the court as one of gnat misfortune, in the hope
that his honour would grant en immediate certificate of the
first elus. The origin of the bankrupt's difficulties was
this : In 1841 he had made a composition with has creditors.
and it was much to be regretted that he had not then passed
through the court, so as to rid himself of those liabilities.
He had then undertaken to lay aside a considerable part
of his future income for the benefit of his creditors ; end had
in fact, made payments to the amount of 2,9C01. to the trus-
tees under the release. Unfortunately some of the creditors
refused to come into the arrangement, and had afterwards
sued the bankrupt, when it was found that the assignment
was not a proper release. He had net kept a regular cash
account ; few solicitors did so ; but his expenditure, to the
amount of 6,3811., was properly vouched, as were the pay-
meats he had made in discharge of his old debts. There was
ao imputation of fraud cr extravagance; the worst that
could be said was, that the bankrupt had acted imprudently
in making the arrangement he had done in 1841. The ere-
diton' ungnete, seeing no resson to doubt the accuracy of
the bankrupt's accounts, wished not to stand in the way of
an immediate certificate being granted.
His Honour said it was the duty of every person entering
into trade to keep his bioks in such a condition that he could
at any time satisfy his creditors as to the state of his affairs ;
and then, should he have the misfortune to come to this
court, he would be able at onee to show what estate had come
into his possession, and how be had disposed of it. It
made no difference if the party were engaged in some
profession or business which would not in itself render him
amenable to the law of bankruptcy, because from the instant
he became a trader, every atom of his property, however de-
rived, became the subject of account for his creditors. It
could not therefore be accepted as an excuse on the part of a
solicitor who had become bankrupt, that, fillowing the
practice of solicitors, he had kept his accounts in a very
loose and negligent manner. In the present instance, though
no regular books were kept, there was this mitiga-
tion that the greater portion of the accounts were
capable of being vouched. But it was not suf-
ficient for a trader to say that the existence of certain
judgmeats against him proved that he must have made °er-
ten payments; be ought to have in his own possession the
means of immediately exposing the state of his affairs, when-
ever he was not in a condition to pay all he owed. Though
this was not a case of eery bad book-keeping, he could not
allow an immediate cue ificate, having laid down as a rule in
all cues n to allow a regard for parsons, or the
particular hardship of individual cases, to induce him
to deviate from this course, for though it might occasionally
operate hardly on some individuals, the rule was so benefi•
nal that the great public benefit must supersede any regard
to individual cases. In this case there was no cash book;
he had always made the keeping of a cash book a sine qua
non for granting an immediate certificate.
Mr. Nias said that, in the absence of the cash book, there
was the diary, which was almost as good.
His Honour said it was not sufficient that a cash•book
might be made ; it must be kept by the trader. He had
laid down that rule, and intended to adhere to It it, flotibly.
In this cue he should suspend the certificate for as abort
a period as he ever suspended any, for the reasons already
stated, the greater part of the accounts being vouched, and
there being no suspicion of any concealment. As to the
clam of certificate, he felt more difficulty. Mat as-
suredly it could not be a first-class certificate, in which
he must certify that the bankruptcy had arisen from
unavoidable loans and misfortunes. The only mien-
tau in this case was, that the bankrupt, being long
ago in insolvent circumstances, instead of at once meet-
tag the exigency of the ease, and so obtaining the relief
which the law allowed, had struggled on ; the effect of which
had been, and always mat be, in 99 cases out of 100, aid
the past creditors had been paid at the expense of the future
creditors. The creditors now upon the balance sheet had, hi
fan, paid the old debts; that was a shifting of responsibility
which the policy of the bankrupt law certainly did not
contemplate. Tuis, in common parlance, would be called
a misfortune, bat it was not such unavoidable misfortune
as was meant by the set. It would not he held so in the
ease of any trader ,• it was least so in the case of one whose
professional knowledge and experience mut have rotated
out, to him the evil, the risk, and generally, the unavoid-
able ultimate ruin which resulted from the come he .had
adopted. He doubted whether he could sword a certificate
of the second elms. But taking the view which he was always
inclined to take, and allowing that there had been some-
thirg of misfortune (probably in respect of the business of
newspaper peprieter, which was cue of a good deal of risk,
there might have been some unavoidable losses), he thought
himself justified in granting a certificate of the second class,
at the expiration of three months from the passing of the
last examination, with protection.

THOMAS DENNY, WHO WAS SENTENCED TO DEATH
at the last Kingston assizes, for the murder of his illegitimate
child, he. received a free pardon. The chief evidence
agaiut him et the trial was Elinbeth Tarrant, the mother
of the infant, and who was charged also with assisting is
the murder; but the bill against her was ignored by the
grand jury. Justice Mauls, who tried him, communicated
with the Beeretary of Btate, and three weeks ago obtained a
respite of the sentence. Other circumstances hare since
come to light in hie favour, which has induced the govern-
ment to grant him a free pardon. Yesterday morning, at
12 o'clock, Mr. Keens, the governor of the gaol in H ne-
moager lane, received the pardon from Sir George Grey,
aid at once liberated the recently c,ndemsed convict. The
unfortun.de wan scented Grefjoyed at the news, and .
praised his thanks to the parties who had interceded in his
behalf. He also thanked Yr. Hems, the governor, for his
humane atteatioa to him while In tho ooadaaaed all, and
gas* She respite.