The Express.
London, England, 1850-07-06 00:00:00

lain 3ntentgence.

HOUSE OF LORDS.—YonsiniT.
Lord Brougham acd other poorimet at half--put 10 o'clock
to glee judpteet to the following oases :
LOILD WHASXCLIrrI r NA 111V01.—MSTAIL.—VALIDITt

UT IRRITANT CLARIR.
This appeal ageism en interlocutor of the Court et
B,esion was argued last Honda', and the only ques-
tion was, as stated in the report in this journal
on Wednesday, whether the irritant clause in • deed
of entail of snubs estates in the counties of
Perth and Forfar was defective, and iosufficient to prevent
the respondent from disposing of them. He had sold them
to the appellant for 39.0001. and a doubt arising as ti the
power of sale, this suit wasinstituted by action of declarator
for the purpose of establishing the power of isle and the
title. The court Is. low held the clause to be insufficient to
prevent the !upon tent from selling the estates.
L Brougham now, after thusly stating th • circum-
stances of the ease, said he agreed with the c pinien of the
court below, tad he recommended to their lordships to of
the judgment, and it was affirmed accordingly.

COURT OF EXCHEQUER-YESTERDAY.
Nut Put s—lissolut Sit V. rou.out, C. 8., WM • LOPUON rims,

- - - - -
WOon V. Rommirrit—Thovist."
This was an action of waver brought for the versioncoon
of • considerable quantity of property. It was part
Tuesday, and occupied the entire of this day.
The action was brought by order of the Court of Chancery
to try the right to the property in gentian. It erred
the plaintiff was surviving waste,' of the marriage set emeut
of a Dlr. and Mrs. Wright, of Northamptonshire, and the
defendant sou an auctioneer ameba on business in Lam-
beth. So long ago as 1525, a bond far 8,9001., in contem-
plation of the marriage of Mrs Wright. was executed by
Mr. Colman, her father, who died in 1833. fur her benefit
and that of her children, end two trustees, named
Gregory and Darbldge, wets appointed to carry
out the trusts of that settlemeat. Probate to
Dlr. Colmaa'e will was granted to Mr. and Mrs.
Wright, and moon afterwards the plaintiff and a Mr. /load
were appointed co-trustees baster! of the two originally app--
pointed. Flood died is 1838, leaving the plaintiff cds
trustee eines. Mrs. Wright bad seven children, one of
whom married cog Allred Knight, a worsted spinner at
Halifax. in 1837 she had a sum of 1,6851. in the hands of
her bankers, Messrs. Mansfield and Co., of Leif-ever, and
she lent it to her sox-in-law Knight, with the approbation
of Mr. Wood, the plaintiff. To secure the payment of that ad-
vance si.d the interest of it Knight executed a bond and war-
rant of attorney in 1a55,1837. His circumetanoes became em-
buraned. Ties interest was not punctually paid ; and in
the month of August, 1840, a writ of fi fa was I sued, at his
suggestion, upon use bond and warrant of attorney he had
given. He then resided at Nelson-square, lilarkfrian ; all
his furniture, wine, plate. he., valued at 9491., were duly
wised under the fi fa, and transftrred to the plaintiff, by a
bill of elle from the sheriff. Mr. Wood, having thus
obtained pcsseesion of the goods plowed them under
the care of Miss Elisabeth Wright. a sister of
Mrs. Knight. They were subsequently removed to
Stamford street, and Meadow-plue, where the whole family,
includirg Knight and his wife, appeared to have been living
together. A power of attorney was executed by the &W-
-WI, giving Mho Wright the control of the preperty. The
defendant was applied to, 1812, for the loan of 5001., on
the security of the property, and ultimately he 'dammed
between 3001. and had., which was secured by a bid of sale,
executed by Miss Wright. woo was represented as the real
trustee. He took possession of the goods under the bill of sale,
and it appeared the plaintiff sou residing fir some time
with Kn. Wright and her family, while the defendant's
servant was is care of the property. Knight applied for re-
lief to the Bankrupt Court in Nov. 1840, bat he never ob-
tained his certificate. The defendant in the course of time
was proceeding to sell the gool.s when the plaintiff filed a
bi'l for an iojurction and restrained him. After repeated
hearings in the Court of Chancery, it al peered a differtnew
of opinion existed on the subject between the Earl of Cot-
henbane and Vice-Chancellor Wigrun. The result was the
plaintiff was directed to bring this action. The main quo-
, tions were, whether tie plaintiff's acts, alter having 60-
' teined pass esion of the goods from the sheriff, were such as
to divest him of that poseassi-re, and conk, upon Miss E.
Weight the power of disposing of mat property as she had.
It was untended, on behalf of the defendant, not only that
the plaintiff bad divested himself of posee.s'nn, but that he
was aware of the fact that the defendant hod advanced his
money on the security) of the property, and that the whole
transaction Mall fraedident as regarded the defendant. and
Knight's creditor', who Lad never received a shilling,
although he hod obtained goods in the North of England to
the amount of between 60M and 7(01. a few months before
his bankruptcy. He sold them at a great sacrifice, and
part of the proceeds of those very goods were by his con-
, Ulysses made available to satisfy the execution under which
the Plaintiff 4.,t posaersion of the furniture.
The Lord Chief Bacon, in 'tummies up, corn-
' mental with much ity on Knight's conduct
throughout the transaction. It was (his lordship said)
hardly poesible en imagine anything more dishonest or culp-
able than that a man should obtain a large quantity of
goods, a. ll them at a Inas, never pry a shilling for them,
and hand over the proceeds to satisfy the claims of others.
the jut; thought that the defendant had ever had poe-
toosion of the goods, with the assent of the plaintiff,
the plea of leave and license was made out, and it
was a complete answer to the action. They should
.nsider, therefore, whether the plair•iff bad sweated
to or sutniqu ally 'Armed the transfer by Miss Wright
to the defendant. If so the plaintiff could not renter. They
should also outsider whether the execution issued by the
plaintiff against Knight was both fide or colourable, merely
for the purpose of giving him a large slice out of his own
property, and saving it from his assignees.
The jury returns d a verdict for the defendant. They were
of opinion that the plea of leave end license was made oat,
and also that the execution ag line' Knight was fraudulent.

COURT OF RANKRUPTev --:ESTERDAY
BEFOII2 Ms. chownsuosisa Munro.
bt ss JARDINE.—ARR DARTFORD BATING6' BANS.
His honour gave judgment this morning, on a question
which had been raised as to whether the trustees of the
Dartford Savings' Bank, of which the bankrupt had been
the actuary or manager, were entitled to receive payment in
fall out of the mete, in respect of the hankrapt'a defalcations
to the amount of 2,2001. Alter reviewing the circums:ances,
and alluding to the cuss which had been cited, his honour
observed that the rules gave nip authority to the actuary to
pay or receive money, though the legislature bad evidently
contempleted the possibility of such a Wag ; bat the rules
were stringent in requiring the deposits to be received by a
member of the committee, the duty of the actuary
being merely to keep the accounts. Though the
bankrupt, for a series of years, had been in the
habit of paying and receiving money, he had not done so
by virtue of his (thee, but merely by commission for the
members of the committee. If the managers or committee-
men wished to be free from responsibility, they should be
cautious how they relaxed the rules rendering their own
attendance obligatory. Taking the bankrupt's own view of
big duty, it was confined to receiving money within office
hours, and in sums of less than 301. ; and no evidence had
been offered to show bow much of his deleleation had arisen
in respect of sums so paid. For these reasons he could not
meke any order on the assignees to pay the claim of the
trustees in full. Should it appear that the ease was one of
embers'Annent on the part of Jardine, it we. doubtful
whether they could seeks civil remedy before taking criminal
proceedings against the °Seer. In many cues it had been
held that the relation of master and servant existed between
the trustees of these institutions and their officers ; and the
caws were equally decided against any party being able to
seek a civil remedy before proceeding criminally.
Mr. Lawrence, 'who represented the trustees, asked
his honour to stay the dividend, until they had had time to
appeal.
His honour consented.
Mr. lone., for the assignees, asked that the eertifitute
meeting appointed for next week should be adjourned.
Mr. Linklater opposed any delay on the pact of the
bankrupt.
Ilia honour thought an adjournment desirable, but no day
was named.

INSOLVENT DEBTORS' COURT.—YuTzaDAY.
BErous 01177 OPMUMIONILL
Ix in min Box. ADOLPHUS FAZDSHICK MOLYIBAUZ
CAPEL.
At the rising of the court aa application wee made In this
ease, which has been reported in our paper a, several Amp
Aims, for a day to be aimed cm which the insolvent (boo
this to the Earl of Baez) might apply for a protecting order
under the With section of the 7 and 8 Viet., knows as the
Protection Act. The cue was heard last year, and the
court refused to appoint • day for the hull order. In
January last the cm was again bawd oa_an appikation for
• " protecting order," which wanthen refused. but Porloil•
;ion is Riven to renew the application in lin months. The
period hut now espied, and Mr. Lewis (Lewis and Lewis)
applied to :he Chief Commissioner to appoint a sitting when
the imelvent could again appear before the court.
The Chief Commissioner Winked whether the application
was Sounded as an affidavit.
Mr. Lewis answered in the negative, and submitted that
snider the 28th section an affidavit was not necessary. When
the insolvent again appeared, he could be exuained as to
his iladOM same hi insolvency. The court had said he
Welt MOW the application in five months, and it was a
gulden libelist the present application was required.
The Chief Commissioner referred to the motion
saffillemdc Ohm WU nothing in It to prevent the court
, frees rugullig an agdaek of what the insolvent bad been
doing sines Ms insolvency. As the issolvest mould be
'Remised Mira its sin append, he would olme a day far
the mewed.
&mos applated Friday, the Nollt instant. sad
Orill'aineliee 10 la Omni. oral Lion.