The Express.
London, England, 1850-02-11 00:00:00

LAW Intelligence.

EQUITY COURTS.—SATEADAT.
Baas re" TiveCe/MCMIOII w Lava
Ix Is Duos= Wll4llll'S CHAll77.—lsraorii At-
PLICATIOX Or CIARITLIILII Fula.
The petition is this Tees stated that a gentleman. tamed
Beloved Wilkes, by his will, dated in Sorembrr, 1722, tan
and devised certain property to the er leisure for the time
lamp of three rashes in dm county of Gloucester, namely,
racklowortb, D iyntoa, sad I))rhans, upon trust, to employ
the rents and prhirs thereof for various charitahlr purposes,
and apply the residue and rema.nner of such rats and
profits inc ever to and for the maintenance, sdreotion,
qual fyieg, for patting to and impels at Osford
o▪ f
&lad, in order to mak. him a Waists/ of the Church of
Eoglaad, which sail lad his trustees shoutl choose
out el the parishes of Wick and Ahion,
worth, Boynton, or Dirliars ; and of each pants're
who were at of ability to giver him such IlialattninCe and
odeettlion as 'reread, and they should hot chose one of
their own sots. And whoa, and so soon as such person
'bad haws taken the degree of a Bachelor of Arts, then
(or before if the kens* thereby appoiated for that putpcne
would admit thereof) his said trustees Should choose and
el-ct seek soother lad es aLireesid, and maintain, edu•
eau. at kis lor, put kin to, sad keep him at Oafurd till he
should have taken the degree of Bachelor of Arta, as tare-
'air, sad seen in like anew for over.
- - - -

The petition then stated that in Mareh, 18G, en a=
tire bad bees ands to the court to approve of a new
regarding this Monty, in eloseequne• of eelsk
bresetarities in i's management, and became the dude
had decreased so u to amount to the manual sum of Mae
and it was then ordered, in cufirmaties of the Muter%
report that so much of the estate as should be applicable to
the maisteassee and eduestian at Oxford of a lad in order to
make him a minister of the Mardi of Beelead should be
applied by the trusties according he the directions in the
will, such lad to be chosen by the trauma frau either of the
parish. s before meetinned, le ease say suer lad could be
fused is either of thee pariahs", whom the trustees foe the
time being shoal l think eligible ; but, If net, then to ho
Musa by the trustees from any other pariah of England use
Welts ; but in every luaus". In which a eandida•• fit sad
prayer is the judgment of the said Useless swild:be knead
I. either el the specified pariahs". he was to he
preferred. That the petitioner, Edward Gel", bad for 18
years molded he the parish of //gates sad had bees
for several years powieseed of an estate of ,best 44 acres in
the parish, and that he was ale, entitled to a lusehold estate
in the parish el Packlewertle. Wick, and Ahem, of the
yearly valve of 1101. ; sad he likewise esespied a farm is
she par eh of theretes, for which be paid as nasal rent of
3 lif. ice was reuses dof 6012%0 wow' Webs ; •ed he and
hie brother were et ow. en of ea advewmas Is tie county of
i'llcontouth, of the usual value of 180 i. . • that the other pe-
rtioners were all sebstaatial pusses laeamketable circum-
stances for their stations is lib; that the petitioner B. Gale
bad eight children, all hoes in the parish of Doyatoss, the
eldest of whom was William Gale, aged 14 years, and had
been for seise time at a respectable salad; that the peti-
te ince, being &irons of maiataining and educating
and qualifying kis said sea, is order to make lust
minister of the shank, bat considering that in
jetties to his other Andrea be was not of ability to give
him a proper education, tor that purpose had applied to one
of the tremors on the 72nd of February, 1848, to we his in-
tense In pettier hit son elected to receive the benefit of the
charity left by Mr. Wakes To this application the peti-
tioner received an answer oa the 14th of June, stating that
the trustees bed decided that the funds of the ehar.ty were
not at present applicable for the education of his eon. That
the said trustees had at the use time Moses a lad named
Cheer* Joyce to be the rt.:MINA of the testator.' bounty
sod to be edueeded at the ezpesee sf the charity, although
the said Charles Joys. wit a native of Ireland, and neither
he nor he Invents ever were of or resident in any one of the
pariah's mentinied Is the testator's will. The petitioner
'mimed that the trustees had rejected hit claim by reason of
his being a fuser, and not in such a position in tacitly as
to waerant his sow being educated for the church of Beg-
lead ; aid this petition prayed that it ailett be declared by
the court that the said nomination by the trustees of the
said Charles Joyce was invalid WI void, end that the
tenet'," neighs to have elected the son of the petitioner, B.
Gale, or that, at any eve, the trustees might be directed
to proceed to a new election, after giving due notice of their
intention, and that the trustees weight be ardent to pay the
costs of the petition.
Mr. Bethell and Mr. Soho berg, in support of the peti-
tion, cutended that the trustees of Wilhe's charity were
not justified in el- etieg the boy Joyce to receive the benefit
of the thuity es neither his mother or his brother (why was
• chug eau), with both ei whom he oesseioaally lived) were
resident in either of the parishes named. It wee evident
that the re was a boy resident within the parishes who was a
fit recipient of the charity, sad while that was the case the
trustees had no power to elect a boy not resident in one of
such peel-hes.
Mr. Malin. and Mr. Garrison, for the trusters, contended
that twist the as re scheme directed with regard to this Ma.

rite the madam 'dela same any hey they Mesita It. They
did not ceemeive alit W. Odle. the most the petitioner, was •
It object of the natty, on secouat of his father balsa •
wealthy penes. They bad not rejected him bemuse his
lather wait • lamer, but they believed the intention of the
faraday was to assist permits who bad est the mesas el pro-
caries as edentisa ter th.ir ems that would enable them
to beams minieters ed We shush. The bey Jaya. tattoos It
oat /widest la the midi, was the so• of • widow who was
meet redoes* is tiailwemoria„ wad his look bad hese-
contested with *a panel ibr sway years.
The Viva Chemise said dim muted to lave bass •
groat act of istitacalisn osentittati by the trustees is *lest.
ma Charles Joyce to naseivs the beside of this charity. It
was evidontly the duty of the melees bush by the nerds of
the will of the tosatise sod under this saw askew, to elan •
bey masa* within sus of the parishes namsd.ll sash • bay
mold be busk and sat to slat strangors while any
such existed. Joyce for dm ropossa of this elm-
tam act be rAteletared • strasupw. shwa his mo-
ther did not reside withia the whims, and o-
had only osessiosally paid visits *his suits, who were resi-
dents is the parish. The button appeared to have ate ens:
altogether the dilations reale* to the charity. ms obj es.
doss mad. to Gale, the eon of the putlmold have so
weight. Ab hough he wee a met of some little properly,
still he bad rieht children. He allayed his wish to have one
M them brought up to dm Chuck, but it did not
fellow that he was capable of elfordian Ida as sipsa.,
sivo edoeatios to the It/Idabel of
abed O his otherbad eltilb••• •drat.
He thouslit, soder the cireumstaamoe m
misapprehension by the trustees of their duties, and the
better maw* weals% be to direst these to proceed to a new
elation. He should also direst the trustees to pay the costs
of the pains&

COURT OF COMMON PLEAS: BAIT RDAT.
&wows AT Nua Paws. Loa• Csurlonscs WILD. &
• Breciat.

Ssntttrto O. BoomsACTIO 011 INST AN ATTOIIIIIIIIr
FALSI lIIPSISO
Mr. Peale, and Mr. liennimer were counsel for the
plaintiff, ar d Mr. Sorban% Bytes, with whom was /dr. Bram-
well, represented the defendant.
This was • second action brought by the plaintiff, who was
an secountent, easing an attorney, to recover compeesstion
is damages fee false imprisonment. The plaintiff also sought
to TOMTIT the two •ems of 191. and 141. 145., Ming the
amount of the expenses which be had bees put to in obtain
iag two writs of habeas eorpos, one to bring himself up
berm the Court of Quotas Ilssisb, and the other before th•
Court of C.imasen Pleas, la ardor to lot hisdischarge oat of

melody.
The eircumetsness of the awe were these :—Towards the
end of the you 1846 the defendant was employed, by a pr-
ods of the name of Townley, to nearer a debt which was due
a him from the present plaintiff, end he accordingly took
prooredinp against him in the Sheriffs* Court of the City of
London, to recover • sum of 191. 19s. Dir. Binning allowed
judgment to go by default, and oath* 12th of Jan nary, 1847,
be was pummoned brae Mr. Commissioner Bullock, the
judge of the Sheriffs' Court, for the purpcse of I
being examined as to his ability to pay the debt.
It was then found that he bad the nuns of paying, and he
was ordered to pay by instalments of 21. • month, the first
instalment to commence on the 12th of Fel/marl. This
order was made under the Small Debts' Act, which pro-
vided that in ease a party should fail to pay the instalment,
he Mould be committed to prism for forty days. wtich lag-
prisonnieut was not to operate as • discharge of the debt.
The pres at plaintiff failed to pay the first instalment, opal'
which his creditor, Mr. Townley, accompanied h • Mr.
B-ard, • clerk of the defendants, went to the Sheriff's Court
and obtained • warrant to snot Mr. )(inning. That
warrant, however, by the desire of Mr. Townley, was not
immediately acted upon, and the plaintiff was not sent to
prison until the month of April, 1841, when the officer
of the Sheriff's Court accidentally manic g Mr.
Beard la Basilighallctreet, inquired whether V • warrant
was to be execeted, and being informed that it was,
he arrested the plamtiff, and took him to White Crowstreet.l
After be had been there some time he obtained a writ of
habeus corpus, by which be was brought before the Queen's
Bench. It was then contended by mussel on his behalf
that he was illegally in prism, inasmuch as he ought to have
been summoned before Mr. Costosiminner Baldric to flew
came why he did not pay the first instalment, and
not to have been committed to prison before that p
had been taken. Lord Duman and Mr. Justice Erie were'
of opinion that the construction of the Small Debi Act cow
leaded for on behalf of the present plaintiff, was not the
correct one, sad that be was legally a prison. Mr. Jostles
radials, and Mr. Justice Coleridge, however, were of a
different opinion, and the court being equally divided in their
view of the case, the plaintiff was remanded back toWkitecrios-
strut, He then applied to the Court of Common Pleas, was
decided that he was illegally in custody and ordered his Ina
mediate discharge. The plaintiff then brought an action
mast the defendant which was tried betas the late Mr.
halos Coltman, who held that the defendant's plea, which
was, that he bad acted under the authority of Mr Commis-
sioner Bullock's warrant was ensnarer to the action, and the
plaintiff was nos-sated. The Court of Common Pleas however
did not agree ia the decision of Mr. Justice Coltman, and
dineted that a new trial should take place. It appeared that
Amino the time these proctediags were going on that Kr.
Townley had become a bankrupt, and he as well as his
assignees were willing to have mounted to the discharge of
the plaintiff if any arrangement could have been come to with
regard to the defendant's coed amounting to 61, which how-
ever could not be done.
To prove the plaintiff's case several witnesses were calla,
and amongst others the officer who arrested the plaintiff,
whose name was Lloydd Simpson, who stated that he bad
received directions from Mr. Beard, the defendant's clerk, to
take the plaintiff icto custody, and that be was in the habit
of reefed* instructions from that gentleman with regard to
executing warrants —A Mr. White was also called, and be
proved that he offered to pay the defendant 21. 105. or 31. for
his oats if he would let the plaintiff out of custody. and the
defendant wanted a written undertaking for the balance.
This offer was made by the Mums on behalf of his father,
who refused to pay the money and give the undertaking also
wpm which the defendant said he could not interfere to the
loader without tr e consent of Townley's &Upon.
Kr. Sa ejeant Byles for the defence, contended •hat hie
dhsat was not liable, inasmuch as the original imprisonmeat
wee not caused by him or by his 'authority, Mr. Beard, the
ilefeadaat's clerk, having directed the plaintiff to be ae.
lousted without having directions from his employer so to dm
The imam& serjesaf, la the course of his address, submitted
that Memo' war one of great hardship spinet the defendant
bemuse eves supposing that he had directed the original
Imprisonment, he had done so believing that he was salmi
legally, and in that °plaint he was upheld by the Lord Chidi
Justice of England, and it was only in (*soigne:ace of Mei
Court of Common Pleas having held that the disprismmemt
was not legal that the p'aintiff was enabled to briag the
present action
Evidence was then called en behalf of the defendant, the
principal witness being Mr. Beard, who swore that he
bad sever directed anv one to be arrested without the sane'
ties of the defendant with the exception of when he told
the officer to arrest the plaintiff, and that bad occurred
through meeting the officer in Beringhall-street and giving
the order in the hurry of busing's.
On cromexaminatien this witness said be could not swear
whether or not he had told the defendant of the order he
had given to have the plaintiff takes into custody.
Kr. Publey then reale t upon the whole ease.
Lord Chief Justice Wilde, la summing up, left it to the
E stme say whether or not the original imprisonment of the
stiff bedlam& place by the authority of the defendant,
if the original imprisonment had not taken place
=him, his sabeeqsagat refusal to let the plaintiff out
ra make Ida liable. If the jury believed the *M-
ama el Beard, then they ought to find their verdict for the
dotandest ; but the credit to be given to this
MMus was 'entirely • matter for the jury.
If they doubted his testimony, then they would have to
amidst whether or not there was anything in the ease from
which they could imply that he had • general authority from
the defendant to order the 'matins of warrants. With
respect to the two sumo of 191. and 142.145., the expenses of
the prop 'dap la the Court of Queen's Bench sad the
Court of Commas Pleas, the piaiatiff must determine whisk
of the two sums he claimed from the defendant, as be could
sot be &thawed both.
Mr Peabley said he claimed the expenses of applying to
the Court of Cosmos Pier, where the plaintiff had been
rmecessfal.
The jury after a Meet eonealhaticis retuned a verdict for
the plmatiff, damages 201.

CONSIBTORY CPURT.--BATCBDAT.
Scene Dr. Lesworeeco.
DACIIIIT O. DICIIIII.—DITOZCII.
Dr. Addams mad this was a salt for a divorce, promoted by
the wife against the husband, for cruelty and adultery.
The Judge interrupted the learned counsel, saying then
amid be no doubt of the facts, neither any difficulty in
previa, then. The only obstacle in the way was that re-
kiting to the jariediction, netwithatandiog which he should
prnamsee ter the divorce.
HANPDIX 0. Itaurnarri.--Divoncn.
This wee also a muse of adultery against the husband, but
it was mated that airs the last court day the wife had re-
tuned to her husband; the court wee, therefore, called upon
to dismiss the case.
The Quea's Advocate, ea "the pert of the wife, said he
could not admit it; the busload WWI taken her child from
her, sad the wither had gene le mew it.
Dr. Addams, ea behalf of the kusbsad, wished the ease
to stand over till the net smart day,
Tbe Mart sweated to the request.

INSOLVENT DEBTORS' COURT.—SATURDAT.
IN TIM MATTSR 07 JONN Flsan.—A LUNATIC
INSOLTANT.
Jo this cue, which was that of a priaot.er who had been
declared insane since his cendoemeat, an application was
made by Mr. Nichols for hie discharge.
A young gentleman, who had the appearance of a juvenile
" prolusions' adviaer," told the commissioner that there was
no schedule filed.
Mr. C issmissioner Phillips, with a geed deal of surprise,
asked whether it could be expected by any one tam a
man who had bees declared to be a lunatic could ills a
schedule
The young mentluaaa maintained his opinion that a
eshedule should be filed, maim' thatpus insolvent had some
swats, and should give aa samunt.
Mr. Commieil ,ner CY be, a madman, give
you say account of It
The young professional adviser could not see the form of
the //masks of the learned commissioner, and asked how the
estate was to be obtained.
Mr. Commissioner Phillips thought that to ask a madman
to file a achedule was tlie height of absurdity—little short
of isainity
The Court ordered the unfortunate men to be discharged,
on whisk he will be given over to his trim&