The Express.
London, England, 1864-11-21 00:00:00

COURT OF QUEEN'S BENCH.—Nov. 19.

Sittings in Banoo.—(Before Lord Chili Justice Cockburn,
and Justices Crompton, Mellor, and Slice.)
THE QUEEN V. THE MAYOR, Re OF ABERLYON.
•

This was a proceeding by moire facia to repeal a charter
of iocorporation granted to the borough of Abseavon under
the Municipal Corporation Act, on the grimed that the
" inhabitant householders" did not petition for it. The
mayor and corporation pleaded that they did petition for
it. The case acme on before the Lord Chief Justice, when
• special cue was stated for the opinion of the court. It
appeared that the borough lean ancient borough by preacrip.
tioo. having a portreeve and burgesses. In September, 1859,
there was a petition presented to the crown praying for a
charter, and in October a counter petition against it.
The total number of the inhabitant householders is 501,
including what are called " compoood householders," that
is persons rated under the S.nall Tenement. Act. The
Privy Council directed an inquiry on the subjects, and espe-
cially as to the number of householders who had signed
the two petitions respectively, sod in February, 1860, •
report wee made to the Privy Council in which the result
was thus stated. Petitioners for the charter, male rate-
hying householders, 69 ; female, 6; male compound house-
olders, 83 ; female, 10; total, 168. Petitioners against the
charter, male rate-paying householders, 49 ; female, 13 •
male compound householders, 129 • female, 21 ; total,
212. Thus, therefore, 400 inhabitant, or householders
altogether petitioned out of 501. And then the report
stated further that, excluding compound householders,
there waa • majority of 20 male rate-paying house-
holders for the grant of • charter, and that if females were
included the majority was reduced to 13 • that if com-
pound householders be considered inhabitant householders
there we. • minority of 26 for the grant of a charter, and
including females. a majority of 44. The Privy Council
eventually decided in favour of the charter, and rem..
mended the Crown to 'rent it, and it was granted accord-
ingly.
Mr. Lush, Q.C., (with Mr. Prentice) insisted that the
hotition must be by a majority of the inhabitant house-
lders who petitioned, and that the compound house-
holders were to be counted, which would give • minority
only in favour of the charter.
Mr. Bovill, Q.C. (with Mr. Ciffard) was heard on the
other aids.

Afteralsagthened argument,
The court gave judgment in favour of the charter.

COURT OF COMMON PLEAS.—Nov. 19.

Sittings in Banco.—(Before Lord Chief Justice Erie and
Justices Byles sad Keating.)
.....PODNOILI V. 0C8M771.-1111 WRONG DEFLVDANT
. .

This case was triad • day or two sgo before Mr. Justioe
Willes at Guildhall, and the circumstances were somewhat
singular. The plaintiff, • stock•broker, purchased some
Greek stock, sod afterwards sold it at • lose of 321. 16a.,
for which anicamt he now sued the defendant as the person
in whose name he had been employed. At the trial the
defendant was poioted out, and the plaintiff admitted that
it was not he who had employed him, but that ha had been
employed by another person who wee in court, who was in
the employ of the defendant, and whom name was Hoch.
fort. Mr. Justice Willes directed the jury that if they
believed the evidence they might find • verdict against
Rochfort under the name of Schmitt, which name Rochiort
had used, and they found their verdict aooordingly.

Mr. Pearce now moved on behalf of Mr. Schmitt for a
rule to set aside the verdict, and eater it for the defendant,
saying that although Rochfort wee the person actually
liable, yet Mr. Schmitt was fearful of being arrested upon
the judgmmt, which was inbis name ; and besides, they've-
%ration of the judgment warn likely to bare an injurious effect
upon his trade. Be further ooateuded that the judge bad
no power to substitute Rockfort, who was called as a
witness, as defendant in the action, as be had had no oppor.
trinity of pleading to the claim made upon him.
The court ultimately thought it best that there should
be no rule because it was clear that no proceedings could
be taken under it against Mr. Schmitt.
Rule refused.

The remainder of the day was occupied in deciding the
following appeals from &minima of Revising Barrieten :

ROBERTS, APPELLANT, V. rnarAt., RESPONDENT.
The respondent in this case wee an inmate of Lord
Brushleigh's Hospital, at St. Martin's. Stamford Baron,
Northaniptormihim, and the Barrister bed bold that M wee
entitled to vote for the county, he havieg an equitable
freehold interest in a room be occupied. The court had
previously held. in "Simpson v. Wilkinson," 8, C. 8., that
the inmates of the hospital were entitled to vote, and the
present appeal was an attempt to review that decision.
Mr. Hannon appeared for the appellant, and Mr. Field,
Q.C., for the respondent.
The Court adhered to the previous decision, that the in.
mates of the hospital bad an equitable freehold interest
which entitled them to vote for the county.
Appeal dismissed.

11011131111, APPILLAST, C. DR/VITT,ItSPONDENT.
This wee an appeal from the county of Oxford, the facts
being thaw The respondent, who was parish clerk of
Marston, had his name upon the list of county voters, and
his qualification was described in thane terms, "freehold
'Aloe of pariah clerk." Be had held the arca for thirty
years, though there was no proof of hia appointment ; and
by virtue of his office he had 1-12th of M amen of had in
the pariah, and this right he let for 40s. a year. The
Charity Commissioners' report said. " Than is in this pariah
• peos of busby land containing about 26 acres. upon which
certain poor men have the right of grazing a cow ; and it is
doubtful whether it bad any charitable foundation. These
twelve cow commons have always been enjoyed by twelve
poor persons, of whom she pariah clerk is one." Thereapon-
dent's name was objected to upon the ground that he had
no freehold interest in the land, but the Revising Barrister
held that he had, and retained hi. name on the list,
amending the description, "freehold laud in right of of
This decision was now appealed gamiest.
Mr. Rumen appeared for the appellant, and Mr. Raw
for the respondent.
The Court held that the decision of the Barrister was
right.
Appeal dismissed.
RAWER, APPRLLANT, P. LOCILI, lILSPONDEWT.
This was • consolidated appeal from the borough of
Taunton. The appellants were objected to lama the ground
that they had not paid their poor's rate ; and to this they
replied that they were not bound to jay the rate, because
it had not been legally made. A rata must be signed by-
the majority of the pariah officers. In Taunton there were
two churchwardens, four overseers, and ea* OaSiatilbt over.
new ; and the ohurchwardess, one overseer, and the assist-
ant overseer had signed the rate in question. The re.
spoedent's contention was that the assistant overseer was
not a " parish officer " entitled to sign the rate ; but the
Barrister held that the rate, whilst it remained unappealed
against, wee one which the appellants must pay to entitle
them to vote ; Lad he therefore expunged their names.
This decision was appealed against,
Mr. Rumen appeared for the appellants, and Mr.
Prideaux for the respondent.
The Lord Chief Justice said that he wan of opinion that
the Revising Barrister was right in holding that the
claimants were disqualified by reason of non-payment of
rake. He did not intend to decide poiitively that an
assistant overseer was entitled to sign a rate ; but at all
events this rate was legal upon the face of it.
Appeal disclaims&

COURT OF BANKRUPTCY.—Nov. 19.
(Before Mr. Registrar Ha:litt.)
JAMN-9 HALL.—ADJIMICATION.
Adjudication was made against James Hall, described as
of Emtbournelouse, Kensington. The bankrupt had been
largely engaged in building speculations, and the liabilities
are said to be upwards of 100,00 Di.
IN NZ ANTBUN DUNN.
The bankrupt was described as foreman to a soap menu.
factory, formerly carrying on busies= himself at Wor-
cester. This wee the sitting for examinatioe end drachms's.
Debts 3,9371.. against which property to the amount of
1,5001. is held by the enured creditors. There was no
opposition. The bankrupt passed, and obtained his order.
(Before Mr. Registrar Pepys.)
RN CHARLES bTATE.
The bankrupt was an innkeeper, at Norwich. This was
the first sitting. Mr. Freeman, jut., baker, Ipswich, was
choose assignee. The debts are stated at 7.0110/. Proofs
to the amount of 3,0001. were admitted, including one for
1,1354 by the Bask of Lando..

SALE or 711 E EABBY ABBEY WINE& —This small
but choice collection of wine• wsa brought to the hammer
in London on Friday last, by Messrs. Fuller and Honey,
sod attracted • large attendance of connoisseurs. The
prior realised Indicate the character of the wines. Fort.
vintage 1820, 164 per dozen ; vintage 1827, 151. sa. per
donee ; viatiete 1827, 121. to 131. ; vintage 1834, 10/. ;
victims 1834, 64 13a to 71. 75. ; vintage 1840, bt, ; vintage
1847, 41. 4a. ; vintage 1851, N. 14s. ; Eaat led*
lit 614 ; claret, 6/. 6s. to el. 17a. ; very old *berry, 87. 1614 ;
Dassal's shiny, 34 146 to 64