The Express.
London, England, 1863-11-03 00:00:00

COURT OF COMMON PLEAS.

Mills to Beene— f Moot Lard Mkt Jostle &I. sod
Jortiees Williima. Ryles, sod Yaatiog.)
COMMIT e. WAGINTA77. —MID 0. " 1101

'SUEZ& "

The plaintiffs in them OWN had been 'amides reportage
upon the Iron Time,, • paper which started on the 12th
January Mt, and motioned until the 17th March ; and they
toed to resover Moms Impost the ground that they had been
engaged for the emit= of parliament, MUM the employ-
meat oame to an end Mg before the termination of the
Failing this they claimed to recover 151. 15s. each
for three weeks' salary which remained tutpaid whoa the
publication stoppcd. At the trial before Yr. Barge Brant.
well, at Ormion, a verdict was entered for the defendant.
Mr. Deamon, Q. 0., DOW moved for • rale fez •
new trial upon the snood of minthectioe, or to ester •
verdict in each me for the 151. 15.. The leaned counsel
stated that one of the principle' questions was whether the
defendant was • partner with Kr. T. L. Holt, who enpged
the plaintiffs. The cm far the plaintiffs we, that they
always believed Mr. Holt to be acting simply as meager,
sad that the defendant bed on several occasions behaved
as though he were the proprietor of the paper.
On the part of the defendant as agreement be.
tweet him and Holt was put in. It was dated
the 10th of Jimmy, and recited that Holt was about to
bring out the piper, sad that the defendant had agreed to
laud him 1,C301. tomtit him in doing so. As security Holt
andyned the plant and copyright of the paper ; and it was
provided that the 1,a.31. and interest should be • charge
opus the pinata of that paper, but not a personal obi=
span Holt, and that the defendant might if he
eiaint as assignment of throe-fourth thane in the paper
in satisfaction of his claim. Another que.tioe in themes
ms whether the engagement was sessional or only weekly
and the jury found that it was a weekly one, mud that the
t between the defeedaot and Mr. Holt was a boot
and sot colourable. They added, however, that before
the three weeks' salaibemate dim the defendant had so
actedd as to lead the iatiffs to believe that he was the
pence reeponeille. is lordship in construing the agree-
meat held that the defendant was not • partner with Holt,
bat he gave leave to the plaintiffs to enter verdicts for
151„ 15a. each.

ThsLord---Chief Justice said that the finding of the jury
was ambiguous. Did they mean that there was one eooti-
acing impgement terminable at a week's notios, or that
there was • fresh engagement every week ? if it were •
continuing engagement, for which the defendaat wee not
liable when it was entered into, he weld sot, by his subse-
quent conduct, render himself liable in respect of a portion
of the time.

1143ricTsiTs discussion, a nil. was granted upon the ironed
that there wee min:lire:Um, in omatraing the agnomen;
and in not amortaining the meaning of the jury en to the
engagement being weakly. end smother branch of the role
wen to enter verdiete for 15f. 15s.
Rule granted.

EXCHEQUER CHAMBER.

Slitter is Moe.

CARL

The Judges eat in the Court of Exchequer this tam Ang
for the purpose of appointing the days for sittings in suer
in the Exchequer Chamber.
Lord Chief Justice Erie said the court had appointed the
following days:—For wore from the Queen's Bench,
Thursday the 26th and Friday the 27th November ; for
errors from the Commas Pleas, Saturday the 28th Novem-
ber and Monday the 30th ; and for errors from the Exche-
quer, Tuesday, Ist December, and Wednesday, 2nd Decem-
ber. His lordshipadded that with regard to the strove from the
Exchequer the arrangement was coalitional, and was sub-
Oct to ►oy alteration which might be necessary for the
'sten:eta of public justice. There warn one use (the rose of
the Alexandra) which he believal would probably go to the
Exchequer Chamber, which wee of very groat public im-
portance. If more time happesed to be required for that
owe the court would be glad to give it, and also to make
arrangemosts for having it heard before a full court.
The Attorney-Clews-1 said it was t►e desire of both
patties to take the use to the Exchequer Chamber, but
MI the Lard Chief Baron has declined to sign a bill el ex-
osiptione raising the question involved in it, that might mot
happen.

Lord Chief Justice Erie—We, however, wish it to be
undentood that we reserve to ourselves the right to rake
any fresh arrsagetueot.

Their lordship. then toss.

COURT OF EXCHEQUER.

Sittings to &woo is Michaelmas Term.-(Before Lord Chia
Bares Pollock, and Barons Bramwell, Chappell, and

•)
The Lewd Chief Bann. o■ talchr hte seat on the beech,
rid—The ardioary practice u to take, brit of ail, the pa-
reutptery paper in the first two days of term • but, Mr.
Attoreey-Orieral, as I presume you are as animism* as
the busters of her Majesty, you an ootitiod to pro-
audlosco.

Tin AITOENZY•GENIRAL
_V„.emtnt.-71Ii OMOI Or TILE

The Attorsey-General —Hy lord. I tame here to apply to
your lordships not at present to go into any make whir
will involve any lengthened drumlin or argunsest, but to
give rna longer than the ordinary time appointed to r for
the purpose of making, if it should boxer eveotaally user
airy, a motion for • new trial in the ease of the " Atlonsey-
e General T. Sillim," which was triad Were your
' lordebip at the last sittings after WO, and remeerned the
forfeiture of the ship Alexsadra. It will be in your lard-
ship s resolleetioo that your lordship on that ecarrie hid
down the views which you thwart ought to govern the
Jury as to the construction of the renege Balistreat Art.
Your lordship did so is a ranger w►Mr we thought perfectly
clear and intelligible to all persons. There was so difference
whatever I• the noderstandieg of year lordship's riding
on the put of the coeseel for the mar; sad we have so
reason to suppose it was otherwise as impale the counsel
for the defeadaals. or that it was pairally understood in
any other sere than that in w►ie► we endeared it. At
the end of the trial werpresesd a wish to la the umbel
manner sad /err, enceptione to that Ming, end
we were told that it was not rosemary at all to
stand upon form. His Lordship said "I will boort
any bill a exemptions you wish to radar," and roordingly

after the verdict we wrote out the principal
points which we understood he bad laid down ; but Isis lord-
ship said we were not to be boned by what pawed on that
occasion, and that the matter could be easily settled. Of
course we were in hope that there would ben° difficulty at
all in oourseating to a bill of exceptions. The sass in.
volved a point of very greet importance, most fit
for exceptiose to be solemnly tendered for, in order
that it might go to a court of error, sod if necestary
to the last court of appeal. We are most maxims th►t the
question should be so raised and determined, end we have
no reason to doubt that the other side is equally so, bet
hitherto there have been difficulties in arriving at any
form of exception which we can rely upon as M.
thin to receive the signature of hie lordship. We
hope that these difficulties may be overcome. We
are in communication with the counsel on the other
side, who have in their possession the form of excep.
tions we propose, and wets Oct that an agreement in writing
may be arrived at with them ; or if th►t should not hap.
pea, that his lordship, on being applied to at chambers in
the naval manner, will be able to settle such a form of bill
of exceptions as will raise the real question, to be deter-
mined in a way satisfactory to both parties and trade to
the public.

The Lord Chief Baron—l think it right to state that I see
no prospect whatever of any change in the view I took so to
my duty in deciding upon the bill of exceptions. A tart.
spondee°e bas passed between me and the late Attorney.
General, which probably you may have seen ; you were not
present at the whole of the trial. So far from my laying
down the law, as the toot exceptions tendered to me amennied,
I took particular pains to avoid anything of the kind. I had
originally dm ing that argument of Sir H. Caine oriclonbt.
silly entertained an impression —I called it so more—that
all the expressions in that act, "equipping," " fitting out,"
and so on, probably meant the same thing, sad were to be
referred to the verbiage of an act of parliament, jest
in the same way as the words "ship or vessel," which
are commonly need in statutes, and no doubt are
intended to mean the same thing. Bat the
late Attorney•Cleseral, in his address, referred to a cue
of an Ametican court with an appeal to a superior court,
where the decision below was saltine& It was new where
the vessel was completely prepared in every respect with
the exception of being armed. When I come to sum up,
I mentioned that case to the jury, and commended it so far
as to say I adopted it. I left it to them, and pointed
out what bad apparently fallen from the mensal as to the
law en the subject, not what I considered was the law. I
then finally left the question to them in the alternative,
using the very words of the act of palianteet. "U you
think," I said, " this vessel was armed, or equipped, or
• out, cc intended to be armed, or fitted out,
or equipped, your verdict must be for the crown.
If not it most be for the defendants." Now the Atteiner
General presented to me a bill of exception. by which I wee
mid to have told the jury that the yowl must be armed, and
that if it was not armed then was no Miami. 1 not only
did not tell the jury so, but if you reed the short head
writer's notes, I think you will say so pence eau have any
doubt that I left the =sties as I have just stated. Bat pro.
bably./dr. Mammy the object you have in view may
be attained by a motion without reference to a hill of ex.
eeptiona. It is true no point was reserved at the trial so se
to give you a right of appeal io the event of the rest of the
court eensurring with me in the direction I gave to the jury.
Bat thin is a matter of so much importance—l do not know
whether I eaa pledge the whole court M this respect—bet
eartaisly it would be •,:f7 much to be lamented, however
noeubsioes this court mi t be, if we did sot give you what
we have the power of d ng—an appeal to • superior court.
The Attereey-Genetal—l understand you have so power
by act of parliament to give .
as appeal unless there bea
difference Of opinion 111M0111,001,
The Lord Chief lialea—That is not so.
The Attorney-General mid he had misunderstand his
Messed friend Mr. Jones on that pant.
The Lord Chief Baron—We have the power of greeting
an appeal, end I mast say, as far as I sinconcerned—how-
ever UMSEiOIOIII and strong the court may be upon the point
of law—if you wish as. appeal you will certainly have my
voles in favour of greaten it.
Mr. Baron Bramwell—l understand the difficulty to be
that the Common Law Procedure Act does not apply to •
num of this kind.

Thy AttorneY:GeneralMr.Jones has carefully con.
glassed the matter. and be is stroorly of opinion that the
ad doss not meet the case. _ _

Mr. Heron Brunwell—You are apprehensive that the Lord
Chief Baron will decline to sign the bill of exceptions in the
foam in widen you have tendered it, end if you move for a
new trial ea the ground that be directed the jury wrongly.
and he reports that he did not so direct them, of mune we
could ad grant a rule for • new trial udder those circum-
stances. That is the sort of difficulty in which you are
pieced.
The Attorney-General—We have merely in the bill of
exemptions adopted the liters scripts which we have here.
I am sot aware that even a leered judge is able to interpret
his own words, in an applicatioe for • new bid, la a seam
different from that which they really mean.
Mr. Boma Bramwell—We ought not to doped from the
ordinary practiced tiding the judge's interpretation of the
woes in which be directed the jury.
The Lord Chief Bess I will read the short-
hand writer's DOUR as to what I left to the jury. "The
gonad is," I rid, "was there any intention in the pod
of Liverpool or any other port that the ship should *
in the length(' of the act of parliament, equipped, 6
out, or armed, with the object of taking part in any
coated." I also said, "If you thick that the object
was to equip, furnish, fit on. or arm that vend at liven
pool, then there ie sufficient matter for your ociseidssation
but if you think the object really was to build • vend
in °iodine* to orders and in compliance with • oon-
tract, leaving it to those who bought it to make
what we they thought fit of it, then it appears to me that
the Foreign Enlistment Ad baa not in any degree bees
brakes. I leave you to find that by your verdict."
The Attorney-Geogralsaid his lordship stated, at the
coa-
elusion of the trial, that he would not bind the Attorney-
General to what passed on that coodoc, that he could not
alter the thing thee, but that be had so doubt the leaned
gentleman had • very second note of what he had said. His
lordship did not contradict the eosin which his learned
friend gave at that time of his direction to the jury.
The Lord Chief Baron—The questioe, however, now is,
what coulee can we takeconsiatent with the rules of the

court. If you wish to move fora sew trial on the ground
that the jory oneht mot to have found the verdict they did.
the couort will entertain that applioatioa ; but if
you mean to reserve to yourself the power of
making a motion for a new trial on a point of law.
having tendered a bill of exceptions containing that or some
other point, I do sot think the wart would cement to that
coat's.

The Attorney-General—My application is now simply to
have the tune for moving for • new trial enlargod, so that
both sides may agree as to what your lordships said to
the jury as to the interpretation of the statute.
We believe that the jury returned a verdict upon your lord.
ship's interpretation of the statute.
The Lord Chief Bwoo—Nothing of the kind occurred.
This Attoroey•General—Then both sides are under • mix
aPprehensios, and it is their common wish to rate the int
by • bill of exceptions if possible. We ask you to
the time for moving beyond the four days ; and it enlarge
meantime we do not get your lordship's a*mtnre to the
bill of exceptions. I will move for • new trial.
Mr. Barak Bramwell—We have no power wider the sot
to "Mow more than friar days except by your snaking the
motion for • new teal, and then adjourning it, bat that
would not answer your purpose.
The Attorney:Geeenil said this was the second day
allowed for mos,ng, and by the fourth they would consider
whether the cue could be brought under the Common Law
Procedure Act. . .

..---... ---
It was thee understood that the seas should be men•
timed *Ton before the four days had expired.

COURT OF BANKRUPTCY.
(Mon Mr. Commiosicorer Holroyd.)
11l U 141. CLAGAN.

The bankrupt was described u a vocalist, of Islingket.
Debts, 3391.
Mr. Hemp oppeeed ; Mr. Denny supported. The case had
been adjourned for the bankrupt to make an offer to hie
creditors end be now proposed, through he counsel, to Nee
snide 301. a year out of hie earnings. Oo the part of the ere.
diton it was urged that this was iesurlicient, the bankrupt's
earnings being about 900 i. a year.
His Honour said the sum set aside ought to bear a pro-
portion to the Inch upt's earnings. The brat course would
is for him to set aside one-fourth of his earnings, making a
return of the amount every six months to the of cisl
assignee.
Mr. Denny pressed for a definite amount be named, and
offer 3 401. a year.
Mr. Hemp—That proves the large amount of his income,
and he does not wish the reel amount to be known.
(Laughter.)
The bankrupt urged that his etgagementa were very un-
certain.
Hie Meow said be should grant the discharge on the
condition baked named—the bankrupt to make returns, and
est ankle ewe-fourth of his actual imams.

THZ POLICE COURTS.
(THIS DAY.)

CLERFANWELL.
etftlooll oa•IOI OF STABBING.

Patrick Tobin, • ceniernempir, residing at la, I moo.
court, St. Andrew's, Holborn, was charged with feloniously
milting mad wounding Jeremiah CYBrn, at Union-court,
with intent to do him grievous bodily harm.
Both the prieoner and the complainant bad bees quarrel•
log, and they were twine prevented from fighting. About 3
ddook in this morning they both moot into the mewl and
commeneed muffling. and than the prisoner struck can-
tZat in the temple with a sharp pointed knife, and in•
. very were wound. The oassplaisant in *odes,
ramie( to pt the knife away from the primmer. cut hie
(complainant's) hand very severely. The injured man was
taken to the hospital, and is at present unable to leave.
The prisoner, in defence, denied that he bad struck the