The Express.
London, England, 1863-01-12 00:00:00

COURT OF COMMON PLEAS.

Sittings in Banco.—(Before Lord Chief Justice Erle, and
Justices Williams, Willes, sod 'Caning.)
Their lordships this morning took their mats st 11 o'clock,
but for some time before that hour the court was filled by
professional gentlemen and others who were anxious to hear
the judgment in the case of " Kennedy r. Brous and
wife, which it wu announced would be given today. No
mention, however, was made of thecae) ; bat we andintied
that the judgment is not yet ready for delivery.

%sirs-men r. roorin.—roar DATED CHEQUES.
This was an action upon • post-dated cheque for
fi7v. 103., made by the defendant, payable to Mr. Grilaths,
or order, and endorsed by him to the plaintiff for value.
The trial took place before Mr. Justice Wince, in London,
when • verdict was directed for the defendant.

Mr. Henry James now moved for a rule to enter a
verdict for the plaintiff.
The Load Chief Justice, after consulting Mr. Justice
Willem, said that the question was whether the act which
requires that a penny stamp shall be placed upon cheques
repeals the penalty which formerly existed in reference to
giving post-dated ues. There was the opinion of one
judge at least that cheq
this was so, and the point was one which
was very fit to be discussed.
Mr. H. James referred to the second point, eying that
it appeared that Mr. Griffiths omitted by accident to en-
dorse the cheque when he handed it over to the plaintiff,
and on a subsequent occasion, prior to endorsement, Mr.
Griffiths mentioned to the plaintiff circumstances which it
was contended would deprive him of any right of action
upon the cheque. The learned counsel submitted to the
court, however, that the plaintiff having acquired an equit-
able interest in the cheque, the subsequent endorsement
had relation back to the time when the cheque was handed
over, and was perfectly valid.
Bale granted.

COURT OF EXCHEQUER.
This was the first day of Hilary term. The wart met
shortly after 11 o'clock, the judges being Lord Chief &roe
Pollock, and Barons Martin, Channell, and Wilde.
BELLHAVLY r. LTITLIJOICK.- THE NRW BANKRUPTCY ACT.
Mr. C. Turner moved for • rule to show cause why
the defendant, who had been arrested upon • ca. se.,
should not be released from custody. On the 11th of
November last the defendant, against whom an action
bad been brought by the plaintiff, executed a deed under
the 198th section of the Bankruptcy Act. On the 17th the
deed was duly registered, and on the next day notice of that
final regietration was given to the plaintiff's solicitor, but, not-
withstanding such notice, and without the permission °, the
Bankruptcy Court, the plaintiff had the defendant arrested
upon a ca. as. On the 20th, the defendant obtained the
certificate of final registration, the duties of the °Moe not
allowing it to be issued before. Au application in the case
had been made to Mr. Baron Martin at chant.
berm, but his lordship said that, although he
thought the defendant had adopted the right course,
be had better see what the Bankruptcy Court would
do in the matter. Afterwards the question was brought
before Mr. Commissioner liolroyd in the London Bank-
ruptcy Court, but be declined to inters fere, as the case had
not arisen within his district. An application was
then made to the Bankruptcy Court at Exeter, and
Mr. Commissioner Andrews exiireesed an opinion
that the deed was properly signed and perfectly
good, but be held that be had no jurisdiction,
as process in the awe had leaned from the Exchequer. The
learned *Gomel submitted that under the circumstances he
bad mentioned there had been an unlawful use of the pro-
ems of this court.

Mr. Baron Martin maid he understood that rides in-
volving a similar point would be moved for today in the
Queen's Bench and Common Pleas.
The court granted a role nisi.
110/LX V'. HICK= CAARTIN.

This was an action in trover to recover the value of •
hogshead of absinthe which the plaintiff had purchased
from 1. person named Grachey, and at the trial, which took
place at the last sittings at Guildhall, the Lord Chief Baron
directed a verdict for the defendant.

Mr. Haddleston now moved for a rale for a new trial oa
the ground of misdirection, and the verdict being against
the evidence. _

Rule granted.

THE POLICE COURTS.
(THD3 DAY.)