The Express.
London, England, 1863-01-28 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF QUEEN'S BENCH.

Sittings —(kla; Lord Chid Justice Cockburn,
Justices Wightman, Crompton, and Blackburn.)

PRI Q 011127 V. THE EUICORDKE OP

This was a rule obtained by Mr. Coles, the Mayor of Ro- I
cheeks, calling upon the Recorder of that borough to show
cause why a writ of mandamus should not issue, command-
ing him to bear and determine certain charges of misbeha-
viour gireferred spinet Mr. Hayward, the clerk of the
peace Ice that borough.
Mr. Bovill, Q.C., Mr. Denman, Q.C., Mr. Addison, arid
Mr. Rumen, amazed to show cause sgainst the rule. Mr.
Loeb, Q.C., and Mr. Barrow were in support of it.
Mr. Bovill said the clerk of the peace was elected ender
the Municipal Corporation Act, the 5 & 6 Wm. IV., e. 76.
see. He, and the appointment was dining "good behaviour."
The Lord Chief Justine said he understood the point to be
whether good behaviour" bad reference to good be-
haviour in the office, or personal conduct out al this alike
generally, which showed him to be unfit for his ablates.
Mr. Bovill said it was. The recorders of bccoeurbs have
the mine jurisdiction over the clerks of the peen of
boaoughs as (muter sessions for counties have over clerks of
the peace for counties ;
_and the 37th Henry e. 1
sec. 3, and the Ist of William and Mary, scedou 1, c. 21,
sec. 6, provide that where a clerk of the maim miedemeans
himself, the quarter sessions might remove him, the
latter statute owing the words, "in the mem
boo of his office." The charge against Mr. Haywood
was that, beiog a trustee in matters unconnected with
the corporation, he received monies as each trustee, which
ha appropriated to his own use. The transaetion com-
plained of took place before it was made a criminal dream.
gr. Coles brought the matter before the reader, whoa it
war objected by the clerk of the peace that the remade"
had no jurisdiction. That objection was argued by counsel,
and the recorder declined to hear the complaint, on the
ground that be bad eo juriadiction.
The court interrupted the learned counsel, observing that
the point could not properly be decided on showing cause
against the rule. The better course would be to ,make the
rule absolute, and argue the point ea the return to the writ.
Mr. Lush omicurred, and said his client would set out
everything oo the writ, so that the question could be pro-
perly raised and dimmed.
Rale absolute accordingly.
m az NAMIALL.

Mr. Lush, Q.C., moved fo77.ittl; nisi, calling on an
attorney to show cause why be should not pay to the
applicant the sum of 6741. 55., the balance of
1,0001., pursuant to his undertaking. The appli-
cant was the creditor of a gentleman named
Mills, for money lent, hc. Mills employed the attorney
to raise 5,000/. by way of mortgage, and gave the attf
authority to pay over to the applicant the 1,0001.
between them to be due. The attorney wrote to the &p al=
informing him of his authority, and stating that u soon
as he raised the 5,0001. he would pay him the
LOW He paid 3251., and when applied to for the
remainder he repudiated his authority on the ground that
at the time it was given Mills was under the impremioa
that 1,0001. was due, which he had since ascertained was

The court said the undertaking under the circurnstanoes
did not appear to be binding, and refused a rule.
Rule refused.

COURT OF MECHEQUICR.
SOOND 0017ItT.
&hap at Nisi Prins at Wistminster.—(Before Mr.
Baron Bramwell and Cannon Jtuies.)
To-day was appointed to toy sans at down far the third
lindens at Westminster in away but in consequence of the
Doan in the morning papers that the court would sit at
Geddhall, all the suitors and vitamin, it was stated, had
pas there, and nose of the podia him ready, the meal
were all streak oat. The Land judge ined mod of the
tams to nod over anal to-morrow (Thursday).

COURT Or COMMON PLEAS.
Sittinp in Banoe. —Mohan Lord O►iet Janie* &le, sad
Judaea Williams, Willes, sad Keating.)
AMMO V. engoBFORD. —DM= OF CONTRACT.

The defendant in this cue was a muchaat in the City,
who wee is the habit of receiving. sa factor ors& and
sad selling it for his He 'old a large
quantity to the plaintiff, previously saying that
he would sat be answerable for quality_ and
that the plaintiff must *minim the article and judge for
limeelf. The plaintiff did, in fact, buy upon an in!,moe
cif the staff, wiieh was described in the contract as oxalic
era" is the comes of ming it, it turned out that it was
adulterated to the extent of ten per cent. with Bplolll
eats, an adulteration which could not be detected by the
eye The plaintiff sued to recover damages upon the
pound that the description in the centred amounted
to a warranty that the article was " oxalic acid,"
which, in fact, it was not and the jury after
hearing a great deal of evidence found a verdict
for the plaintiff for 400/. Yesterday a new trial wee moved
for, and the question now was whether the mile should be
granted.
Mr. Justice Williams in giving judgment, saidhe wee of
opinion that there should be no rule. It was argued bElltiri
on the part of the defendant, that the loud
Junkie led misdirected the jury tri telling them that 'maw
the oceireet the difeethiat solid only perform hie part ol
it by ileibecleg that wide, in cemateelel
could pro doeselbeit " mole add.' heat
Justies Wane* hiseerar, theeghtthat ellesedsa was
right. Notwithstanding the eisihmlant lei groild.hineslf
from werneties the genlityellite ortiele.lie 611111boand
itideireer male add eesseenon The ibireedies of hie
Issatilp beteg lie }my Irvin leseithst the Miele
teal net be oiled male wig, sal hie Itaniiip not
with We late& the mad eight mot to
Mae reined

COURT 07 PROBATE AND DIVORCE.
Olden the Ja•p Ordisry.)
DAUM v. DAV AND IMRE&
Dr. Nimbi ler the pedtismam
The partiss wire both eassaie mananis is a 'Way sear
awl they wen menisci in Mug, Mt la
184 S Davies lilt siteation to baiter bimaiN, mei la was
macenisd by Wm. Reglass, tho marispeadrak 14a Davies
BM mink* lase plan .....h. • tisk eft ch-
ained to spring bohemia the rimpaniinie ; mid the
weft, to the hawfiip at their .aster, be dimimsd
than both. The sespeadast woe eanised the nazi day;
sad Hagan bed elan selmbilied with ben
Sir 0. Ormaill thought the ram ale WM re/NW a
greet dad ad illajdnatim Pr. say thing Ash=
in the inidmin ispeinidas ass a
roe on the part of the petailener ; sad I=asthiag to
show that from the time he lelt his sanition. he had ever
attempted to as his wife ar emsentaiento anti Itm.
Judgment poligonal.

COURT OF BA.
(Baton Yr. OW
al is TIM HIV. HL NUT.-

Goakm.)
IIQ TO ISNOT

The bankrupt was a clergyman sad iseheries;ater. of
Liverpool, and since el Zadboarsa. Ha bed petiticaed this
court, sad application was recently made for ea order to
remove the proceedings Li
Mr. Simon supported the sWileis. Mr. Begley op-
pond, on behalf of the ba
His Honour said it bad= &DWI to hie satiable.
lion that the majority of creators, though ruideet in the
Liverpool district, were desirous of laving the cam re-
moved there. The osly active party ia the
matter appeared to be Mr. Banner, the seam
sa accountant, who bad bought his d
Mr. Banner, the solicitor, Lie brotheirl.ibi/Whes
the bankrupt's prop 4y bad been taken from him, and be
bad been drives from Livetwed, Mr. Hamm bad takes
peat pains to discover were he had pone ; sad cm ladies
him at Eastbourne, hal at once throws him late prism.
The bankrupt then. as a matter of course, petitioned the
court of the airfield in which be woe impriemsd,
sad where he had resided for six menthe. In
in cams of application to remove proceedisp the and had
required that the application skald be coadrred in by the
majority of auditors, and that it should be shown that their
interests would be promoted by the removal. Miler those
circumstances the application would be diamiesed, the costs
of the bankrupt to come out of the estate, if serails were
realised.

DI II PEABCZ.
The bankrupt was a builder and publican, keeping the
lispli:fkain
and St. Mary Axe. This was the mitang for
discharge. The bankrupt owes EBBl. to
nmeauml creditors, sad 2,7501. to thane holding seccuity.
Mr. Philbrick opposed i Mr. Seagood supported.
The bankrupt, in examination, stated that he bad married
in 1850, and made a settlement of the badmen on his wife.
He had been bankrupt in 1851 and insolvent in 18E7.
When the debt of Mr. Christy, the opposing creditor, was
contracted, he had two building contract' in the Qty for
upwards of 4,0004 This was lois fourth insolvency.
His Honour suspended the order of discharge for six
mouths, on the ground that the bankrupt had contraded
debts without probable mesas of payment

azit*Err.

The bankrupt was ateilar, of the Prialtry. This was the
exaroinatioa meeting. Ileseenred debts, 3,5001. ; 11111.11114
about 1,1001.
Mr. Ltnklater, for the assignees, nad Mr. E. Reed, fee the
bankrupt, speed on an adjournment.

THE POLICE COURTS.
(THIS DAY.)

MARLBOROUGH-fiTREIT.
•TII3IIIIID 111:11DMIL PT • Rama=
Jana Smirk, alias DOTION&I., • detteanand4aeklag 7
EWA, tad who appeared is slos desk wiliest rose or wait.
cost, was charged with feloniously waiting sad weaadleg
Ostberine Hawkins, bin married Aster, with a knits with la-
tent to do gnomes bodily harm.
'rb• prosemtais, a young woman, whose head was
?eloped in banedages, eaid—l live at No. 24, Towsr.stiroset,
and am a uuerisdwowxo, hat I am living apart Item ray
husband at present lam staying with my nooditr.