The Express.
London, England, 1855-04-09 00:00:00

BONA FIDE TRAVELLERS.

At a petty erasion' held at Hoo-green, near Bouts-
. ford, Caeshire. on Thuriday, before the *Dusty magistrates
of the hundred of Buckles a ease was heard raising the
question of what is • bon; fiefs traveller. The New Beer
Act has been felt as a great annoyance on the much-
frequented road between Manchester and Knoteford, the
police continually threatening the nobleness with the terrors
of the law, whilst persons of different stations is society,
cal lag themselves travellers, as constantly threatened to
annoy them if they n fused refreshareate. Under these dr-
cusistenoes, sod 'seine h w various have been the decisions
of megi ttttt el in different parts of the country on this cab-
ject, the licensed victuallers in this neighbsurbood entered
into • sutweririon, and determined to defend a case before
the luatices, as • means of properly settling the question so
for as their district is concerned. On Thursday, Mr. Jobe
Wall, the proprietor of the Stamford Arms, Altrincham, was
under the new act, for having supplied rereels-
menu 0 pommy In his house on Soaday, the 18to Ikbreary,
within the prohibited hours.
Mr. Thomas Wbei let, barrister, appeared for the defence,
end addressed toe court at great leugth, not disputing the
facts, but stating that the parsons supplied with refresh•
minis came from Manchester, and contending that no
effence had bees proved, though the onus probandi lay with
the informant. A landlord wee indictable for retyping to
entertain • traveller woo demanded lodgiog and refresh-
ment; and, biking at the etymological and received
meaning of the word, to be • traveller it was only necessary
that a man should be somewhere between-Ms own home and
his peens of destination, Distance bad aotbirg to do with it.
It could not be Intended by he act that persons who bad
no opportunity of such recreation *inept on Sundae should
be deemed not to be travellers if they wane from Manchester
.o Bowdon or Altrioehaue to improve their health, whether
they rode or walked. The assipstrates avoid not draw di.-
tinetione which were sot to be found in the act itseU,
and the act used • general interpretation. It wee quite clear
to him taint the legislature could not intend to draw a
distinction as to whether a person took such a journey for
health or pleasure, because in the legislature, theoretically
and eonstivatienally, was vested the supreme wisdom of the
maims, and out of tbs mouth et supreme wisdom no such
argue..-et could issue. The isteepretatioe to be put epos a
word ea which so much binged should be broad, clear, and
unmistakable ; and the broad view of the question was this,
" Was • lean at home, or was he from home ?"
_ .

The plaintiff in this action sought to recover the value of
a bond for one thousand rupeee, *scouted In the Beat Indies,
with sneers of interest for eleven years at sin per cent.
The defendant pleaded that the bond was given for an
illegal consideration and under an illegal contract.
Mr. Honeymeo was counsel for tee plaintiff; Mr. E.
James, 0.C., and Mr. Lush appeared for the defendant.
Mr. Hangman, in opening the ease, said that the plain•
tiff and defendant were offices of the Indian army, and
b•longed to the sth Regiment of Madras Native Cavalry.
In the year 1814 the major of the regiment was desirous to
swine, and an arrangement was made between the officers
of the regiment to purchase his commission, and the plain-
tiff advanced the defendant the amount of his contribution,
thus enabling him to Lanais his promotion. The defendant
did not, it appeared, ruder these circumstances, think
it inconsistent with the character of an .61cer and a
pathos., *tier having lot eleven years neglected
to pay either interest or principal, to torn round
sad say that the contract was illegal. He should
pat in the bond, and prove that it was executed by the de-
fendant, arid the jury would then hear the suture of the de-
fence that wee to be set up to the plaintiff's cleim.
Tbe bond was then pet in, but Mr. James objected that it
was nut receivable by fee...a of is not bearing the stamp
required by the leas of India.
Baron Putt said there mutt be proof that • stamp was re-
quired betore he rejected tb i evidence.
Mr. Brisedell, • clerk in the judicial department of the
But lodic Campasey, was then called, and he produced
ease printed regu.atioas in uterine. to the subject of
stamps for deeds of this description ; and which were to the
sae that no such d. ed sh cold ee receivable in evidence
salsas bearing • memo of a certain amount.
In answer to the quesion put by the learned judge the
whams said that these regulations had been framed by the
g cot in India and tranemitted to this country, and
they were piloted under tae ataihority of the But bide'
Company. That company bed supreme power on all such
mature, and they c .old have rescinded all the regulations
is question if they had been so minded.
Mr. lioneyseen asked the witness if be was in a condition
to say that the Brat ludia Company bad by any distinct act
isuctieeed those regulations relating to stamps, and he re-
plied that he was not.
The learned Gunnel upon this enteaded that there was
an asillessat evidence of the law of Leis requiring such
ea inetnemeet as this to hear a stamp to justify the court in
"sienna, it.
Mr. James baeisg been beard upon the other side,
His Lorianip ruled that the deed was admissible, and it
was .ceiordte.gly put in sad read.
Mr Jena, s then &dammed she jury, and said that the pre-
sent inquiry was one of considerable importance io c...nnea-
ion with the sales of CAMS/4101S in the Indian army. The
pessest practice of buying out, as it was termed, presented
PLACES Or RELIGIOUS WORSHIP IN ENGLAND.— • very gnat anomaly. for whereas the sale or purcesee of
On tilaterd., a bill in the House of Commons, bearing the teetotal:lips wee specially declared by sets of parliament to
names of Mr. Api-ley Pellatt and Mr. Crowley, was printed, be a misdemeanour, practices of • 'limiter character were
"to amend the law cenceroieg the certifying and registering openly e Tried oo is the army, and it would be a question
of places of religious worship in England." Is mites of law for hie lordship whether this was legal or not. The
the various acts in fords an the subject, and dealer. s facts were admitted en bath sides. At the period when
it to be cape lent that all places of re:igloos worebip, this bond sou given,
not being churches or chapels of the church of Grant, who was mein: in the regiment in goes-
Boglaad, should be oertifi.-d to the Rgistear-Gene- tiou, who was desirous of retiring from it. At
rel, lath plans are to be certified and registered that time promotion was by seniority, sod of course, all the
Ile tea mond of a Mai fee, sad nodule to be given when offioen et the regiment had an interest is his retiring, be-
eel OM is Ceased. Further, it is proposed to onset tkat cause they would thereby get •• step in promotion, and they
pelt =Mere la places registered fee solemnising marriage., therefore subscribed a certain sum of money among them-
bat mil aerilli-d, shall be rendered valid, and that the Galata the the posebwo of the maj irity. Mr. Orame was at
estang registration for solembisisg marriages shall be the time senior (spuds of the regiment, and Mr. Wroghton
soared good, at Ostia, by bong certified under this was brevet-captain, sad the *bare which the latter had to
manure. The new law is not to Woad to Scutlend or Provide neuroing to hie rank was 3661. It appeared that
Weed. be could not pay the amount, and conacquentey Mr. Grans
FATAL GUNPOWDER EXPLOSION IN COVENT- ad vancsa it to his, taking the hood in questionlaa•Chrit
GAlDill.—Oh &tenter ahem:ma, • falafel implosion took b , pon this being done, the plaintiff obtained his maj...s •
plus on the premises of Mr. William Bennett, oil, colour, and the defeadat t aleo obreined his step in promotion,
sad Italia* wapiti .useman, No. 26, Juts-street, Covent- the gaieties for the court would be whether the treas•
garden, by which, it In feared that three, if ant four, chill- action was a lepal one, or whether, ander the Act of
deem, members of the same family, will perish. eisprem Parliament, to whic* he should presently refer, the contract
that Mr. Denim seat one of his eon, aged about twelve was nut as illegal sue, and on that ground could not
years, to the eock•lert, at the top of the boom, to gal • be enforced against the defendant. The learned couns.l
quarter-pound canister with gunpowder. TM lad, ',sews thee read two of the sections of tbe 33 Cleo. 111., cap. 62,
dons so, repaired to the third doer beck, In which several which declared the sale of eny ollse under the crown or the
ethane were playing. In order Mantas them, he begs. Res- India Company illegal, and to amount to the (Seem of
to sprinkle the powder upon UM in, wen the whole can- anienenaranour, and said that he founded his detentes upon
tests°f the task Weenie mailed, emit imploded with • seise this act of parliament.
resembling Om discharge ef • pfresof onuses, Worried the Mr Baru Platt said he was clearly of opinion that the
windows oat, foreleg the seilleedisera, mid setting Ire to the am in craution did not ap ly to tie present ease. Tee object
shiklns's clothe,. Andaman, maggrontog at band. sod by of Ire% ast of parliament MIS to prevent the But India
Orton' drifts the iseighbeun enomodod to satnagehbing Company from ',dine 'heir pairousge, and also to prevent
the fire, when it wee {mad shotMe poop mamma were so person bolding offices in India In,as accepting Pmee•W
dreadfully burned that it was deems' advisable to have frig) the main*. It bad sot always been successful in
them removed to CM/reveres. Neoglial, where they now lie these respects, as they knew from cues that had occurred
is • f••••••••100hditkon. Took issue an Wm, Emma, se the courts; bet still undnubtedlv theft were the objects
aged 12 yean; Mary Ammo Eames% sped I pen • pro. of the sot of parliament, and it was never intended to apply
Seri& Snlisit. aged 6 years ; gad* Jane Bennett, iged I
$ to bargains of this description that wets made between the
years. Several ngises wen is effismissee, bat iredag4s tit 011 mm of • regiment.
•••111••• of the siliglibmin the sangess ad the gam= Wen . flea lordship teen directed the jury to lad a verdict for the
not required. *altar foe 6331., the amount of the bond sad interest, and

The magistrates having consulted fm • few minutes, Mr.
Tr•ifird Tr•lfvd, the ctairman, gave the following dead
riot :—John Wall, we consider that Toy have acted wider
a siscoamption of the act of parliament, bat are of opinion
that we must convict you upon this charge, end we stall
Ana you S.. and coats. Maria Bowler, of the Stamford
Arms, Bowdon, was also fined 6r. and mete, in a similar
case. Mr Tralfrid remarking, that it he were the perils.
most he would put a stop to the limased victuallers altoge-
ther on a Aseday, and if they were guilty of imams they
would bring down an eat of yarliameot of that sort. By
roar riliel.4l they wire caged apes to observe the eabbath
day, sad if they ergirettd to do so, they malt bear thecae.
si quaggas. From riz till tea was guile mamas time for •
west te receive tareihmvats.