The Express.
London, England, 1864-01-11 00:00:00

COURT OF EXCHEQUER.

Sittings in Banco.—(Before Lord Chief Bares Pollock,
Barons Bramwell, Channel]. and Pigott.)
THE ALEXANDRA.—JIIDGMENT.
This was the first day of Hilary Tenn. An announce.
mint wee made a few days mince that judgment would be
given this morning in the case of the Alatzendra, but on
the sasembling of the court, shortly after 11 o'clock, very
few persons, comparatively speaking, considering the
importance of the case, were present, the principal interest
being cantered in the Court of Queen's Bench to see the newly
appointed judge. Mr. Janice Shen take the oaths and his
seat for the first time since his elevation to the bench. His
lordship did not, however, come into court with the other
judges, and then the members of the bar and others came
into the Court of Exchequer. As the morning advanced,
the numbers increased, and before the judgments ware
delivered the court was densely crowded.
The Attorney and Solicitor Generals, Mr. Locke, Q
Dr. Phillinsern sad Mr. T. Jones, were present represent-
ing the Drown: Mr. Kerslake, Q.C., Mr. Mellish, Q.C.,
and Kr. I{ emplay represented the defendants.
The question for the consideration of the court was
whether the rule is this case should be made absolute for
a new trial.
THE £TTOILSKT4/101111LAL V. SILL= AND OTHERS.
•

The Lad Chief Barns, in delivering his judgment. said
this was an information against the defendants for having
been guilty of an infringement of the 7th section of tho
Foreign Enlistment Act in equipping, furnishing, and
fitting out • ship far warlike pummel ; but
it omitted to charge any intention of arma-
ment. The owe was tried before hie lordship,
when the jury returned a verdict for the defendants.
Subsequently a rule we moved for • new trial and obtained,
and subsequently signed on the ground that the Lord Chief
Janine was mom in his law. The case divested of all tech.
nioslity was whether in this case there had been • violation
of the statute snd the verdict consequently wrong. The
information eostaimed 96 coons. The 97th and 98th had m-
imeos to theraployment of the ship as a trainmen, as
well es to commit hostilities. The remaining 96 counts
were, however, but • variation tw4ee times over of the
firdeight °wets relative to the equipping, furnishing and
fitting out, sod so on, with oaten intent, the intent being
stated in two different ways in the different counts. The
question Weed was what was the true contention of the
7th sec. of the Foreign Enlistment Act upon which the
Foreign Enlistment Act was laid, and what was the meaning
of the words equip, furnish, and 6t out in that
section with an intent to noise and commit
hostilities. It was • highly penal statute, creating
a new crime of misdemeanour by making those
who commit the offences therein contained liable to floe
sad imprisonment if found guilty, and the ship liable to be
forfeited. His lordship Moo gave a history of the statute and
thedifferent opinions of learned jurists and eminent stern-
um, sot lawyers, on the rubject of international law bellige-
rent rights and neutral duties, but nose of them, he said,
furnished any authority for construing an English act of par-
lamest, which constituted, for the first time, an indictable
offence, and there could be no greeter difficulty introduced
Worn jurisprudence than the introduction of a lax and an
elastic interpretation et a penal statute to serve
• special and temporary purpose. His lordship then se-
leered to the authorities Bat bed been quoted in the course
of the argument., and said that in construing • penal
statute the court must be certain that the offence
charged came within the strict letter of the law.
It thad been urged that the object of this
act was prevention, and not the punishment of
offences, bat he apprehended that was the object of all
acts of parliament that had ever been passed. They
had nothing to do with the political consequences that their
&nisi= or the dinatidaction that might occur in any qualm
anywhere, sad he could not help expressing his regret, not
unmixed with some surprise, that the lensed Attorney-
General had more than owe adverted to the consequences
that might arise from their bold* that what the defendants
had done was not rostanry to our municipal law.
That it was not contrary to the law of nations the
learned Attorney-General had distinctly stated, and
had made it the subject of an argument is " another place,"
sad that other countries bad no right to complain of it se
• violation of the law of nations. His lordship then
referred to the argomeats that bed been used on behalf
of the crews, observing that he was inclined to doubt
the sciondeme of that propeatioe of law which required
Vara, Puffeadoeff, and others to support it. In con-
doning the statute it we their duty to interpret the true
meaning at the legislator% and plainly and without doubt,
in the language used by the legislature in the section relied
on ; is his judgment the acts laid in the information did
Wacrrrxasatt Clitmeff, Ins WIGHT.—We net come within the letter or spirit of the sot, or
are happy to find that the morning drawn which had contemplated by those who planned the law. Whatever
been left stendleg Wont her Majesty's seat is Wh=gbani might have bees dens befogs the passing of the Foreign
Church, and the seats of the mewl bowebold. the Ealisterst Act in the way of building ships In Barth
last two years, free Wm' removed. Moms. Boroses and
boo ww. uphoha„„aa have bssa ports might still be done, for it left the commercial intermit el
,gect ce &swig' the seats and rittiep with rich par* ship bung untouched. The great object of the set wee
velvet.—Hans Advertiser. not to prevent the buildiog of ships, but to prevent the
NARROW "WAYS OF TEM KARL AND Comtism ports el this conetry from being snide ports for the hostas
OF CANDO/A—An socideot cosorred to the Earl and Coon= equipment action a friendly belligerent. The Attorney-
C•wder. Thera" bee' while dig"thjls • I•• Oesisal, however, appeared to wish to adorn against
shadimie Elsent, Pembrokeshire. The earl was
den eaa omma. or owe,. on a aims, „h„ jsa English shipbuilders what the Supreme Court of the
meth* pre way at a conaderabil distance from the United States Mediated as affarable to the citizens ot
do m. sed both were immesed in the, _ ,wator. Happily,. the United States. By the 7th section, persons doing
the milletroPhe wae,„_°°""°•,,...a.,s, mum22.B4°..bata artsio acts with orris interests ware deemed guilty of a
ofss•Perepusu..Wiensr R,7,l7.7l3„,‘`VoLgag.p's .'"•Djasa.e•id:=. =lndonesian; but it wee sammary to support snob
sidp's butler, to whom great praise is des. The earl mad 'alarm*, with attempts or endeavours to essor
ementro were both in the water for some time, and when them out ; and with regard to the Tal =Mom.
extricated her ladyship wee in aster of inesesibaity. The there was sot • syllable in the act or connected with
lutist •••••••• state that th• earl and •••141•• are re it Of In any watemporary proclamation, or speech, or pull.
emering.
DIATII Of THZ KARL 07 CLAIM—This noble- cation of any kind. professing to put ships on a afforest
ma expired at an early hour yesterday mowing, at his f•••i•ff Mat d say other implement •t though the
reathers In Kensington Palsos-wrdess. His rode,
p wee mows, however, wished to do so, but if that had bees the
mond see of the first Earl of Clare. He wee born in 1793, intesties of the legislature, how easy would it have
and, entering the army ataa early ora_a_aserced,at Otsorten,_,_ toss for them to have used language so elms
Kamanbeing could have
?akin 1871141, oadke*heso':, '''-'lo,d.elejalteeijacteor".°"*".`the sooasy•"sf'/„.. that no ha
rick and whoa of the Limerick Militia. His only son, al awkward, difficult, and doubtful clause. which the court
Viscount Filigibbon, following the example of his father, bed then to deal with. His lordship then. at ooesiderable
entered the army, and fell glorionly at Balaclava. The reek, entered into the minute points of the ease, and in
title this becomes extinct by the present earl's death. coadmice said that, no lib respect to the rule, he ern of opinion
ETON COISIGI. —The Christmas holidays termi- that wend the greuwds os which jt „samosad ooght to
return
nextt Wtheedextruegye,ithemlkhundaineky,
"whdenFridathe !orb; bofiftyhs previa. sod that it ought to be disarmed.
and sixth rims respectively return, when taii whole os Kr. Baron Bramwell delivered his judgment. He was
the school, numbering about 840 boys, will haws
,a of *Pinion that the taw, moaning of the section with
bled. The condition of the college as to numbers which retard to the, 'MOMS equipment. fitting out. dr-•
ansteadilT in year by year,abowing the high anion wee for • mils' with the Purpose of COO,"
tio• in which the lis heM by the upper end middle inswing hostilities, or being in a condition to do so.
eireses, is very encouraging The somirsotios contended tor by tbe mows was wrong.
ar
SKATING DANORRIL—It easier to get through The•hfee• the act Pr••••• our territory and
ice tins to get out again ; the ethos break sway ; the feet, 'lb*" ff•I• baligerwat• .wi•h forldle.„ The
es yen riling to the ice, ass up erseatti, and the unhappy ref,orbids w :11"_„t.
man falls back and sinks sever to rise again. No mortal enlistment subjects me=
man con swim many yards in skates. Very few could swim where, sad it forbids being
in thisessetn by the Queer's subjects or calms. It also
e". ie Wellington boots ;but
the iron "kete De forbids the dtt. out of vessels within the Queen's &-
Wavy it weighs down the feet, and, what is worse, it cute
the water foot of presenting the resistance of • nrim- as/ our own "alb •••• ••• It was • PIT.
soesl local act with regard to the Queen's
men raked foot to help him on. Therefore, be careful in
being the first to try the nee at the beginning of the from ; h•
from butilafng i• dfor id dot prevent oat d
and even &final Noma safe, do not venture blindly over a a ~_1111°,•
large tract of water, still kW down • frown river. out• ii="'"dolaufo;:. vases
miles, aand`"al77losf,77`• witr."
But beware of springs that will not freeze at arl, andlily t ILA sad although that wesld ha a
also of sheltered parts which have frozen late. I ere Lys WM". (It lea
asteareostbthr.smileu,glespessiwnigthWaderlaitYthe sletterrieadofs's "hidgbab°l62llll illusbblew ll:dh:wmul conned a"ie beevous .vall'alleeeeleeLthe daTeetaelm4elll
crack ! crack ! went the nee
da every step, till we mho' a...kerma)." bad net bass adopted this •••••
in terror to the bank. Iha one feet through the ko. it vas in that of the Alumna. The femme
and ono el the party kaky amiping with ow* I ;-eisZ-bad sot bees sinned, and there was nothing in the
a dunking. A valuable MOO few the skater Is, Mega
oeidewas to 'how that alto was Intended te be equipped, ke•
yen feel fa danger lie down Sod mewl away. man The wee of *elm ihe rule should be &whinged.
a„, three Doe escape ever erne wide wary ma, mai l Xt. Bares Mansell differed rein the two previous judges.
crawl. rather wriggle, like snakes, to the Masse, when Be rimidered the act wee not passed to define what was to
the weight of • child would have trobss through. I bad be Ma °awe ear to create use for the first
myself on that occesion bees only mend by touching the . time mad affix its punishment, but to aim at
hew., ss hemmed to be very shallow water ; %el all 1111••••tke. WY • remedial statur—vis.—
enartioe was. hew to get the rest cd thornily whore. "Lie to rs•tir • dots of things which was 01117 contingent and
Awn and crawl.* was the werd, and ell come off is Wiry. and not mann.
pmtsewd in the °Pinion ea-
By this wriggling you may approach • ors in danger, and Wow& that the equi semi be an equiptmot
pan ever very weak in, sad thee sinew his a sod sad
to fir war. and that am that could We be so
help is sissy ways. Lastly, remember len, swerdieg to used would not de; 'but supposing the se=
the wale of tie Humes &any, we Wens War water saint was complete, but did not clearly
plow meet am peel recovery. ems buff a gulauleo whether it was for war wpm* or not, he was of optima
embowers will stop the bean, net always to p en seam endows oiler be gives seam that it was intended foe
Four minutes is the longest submanies en mega with thepu 401 War, Morro the eyuloaret being doubtful
enstheal recovery, and even of that brief space the evi. the intoS cf ate Wass might _he theca by other *rides".
' demo le ileabtfuL—Beeleit's Boy's Owe Alagemos. Be thweith the 'quer= had not been left to the jury

clemency.
The deputation, consisting of Mr. Hannon and others,
was followed by a procenuma of more than 200 working-
people anxious to learn the result of the interview.
Mr. Dation, H.P., was to have introduced the deputa-
tion, but, owing to the short time since the memorial was
adopted, they had been unable to get the Home Secretary
to fix an boar for the meeting. Mr. Dallis, however, bed
a long interview with Sir George Grey, in the course
of which Mr. Campbell Sleigh arrived, and the
Home Seerstery baying expressed a desire to see
him, he was admitted to hie provisos, when another
long conference took place. at the expiration of which Mr.
Doulton returned to the deputation, and informed them
that he feared their efforts bad been fruitless. Sir Gone
Grey felt acutely the unpleasantness of hi position, sad
regretted that he could not at once smile to their request.
This announcement, as might be expected, caused great
disappointment among the members of the deputation, and
the numbers of people waiting the result.

WEATHER REPORT.—(rais DAY.)

MONDAY. JAIIIAAT 11. $ ALL

E. IX 1

Nairn .1)1!1,

-......i

Tt— -1
Ardroman. .3300 2
Oreermetle-. 13 42 S
Goteroy
Valentla 30.6417
Cape Clear
Quesastoera 70,111
Llvorpoot
Relytteett 30.%40
Pembroko
Passim* . .01111
Dna MN 43
L'Oratat 0443
Ptyoteutli 10.06.451
Weymouth
Portsmouth
Loudon . 30.(713
Dover 30.21'40
Yarmouth —%0.211
icarborough 30.12
Shields 40.12
.10.44 10. -

Law.
&W.

s4'.

1111.
&
LK
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ICR.I.

ILLL
IL
Li
Si

BA&
&LW.
&L W.
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a. r.

16 1 i
12 •
26 t
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e.
10411

SWORAILII
TOESDAT. ON NOITIIZILI WIDIIISDAY.
S. to W.. strong to a CleAmw. S.W. to N.W., strong,
gale rainy. some rain or snow.
S.W. to NW., strong WlMag. W. to N. and tack,
gals to fresh, rainy. strong. ionla rain.
S. to W.gale to strong, WIDDLI. As above.
rain in places.
ELSI K. to W.S.W., fresh SOCINERN. S. S. W to It
to strong. some rala fresh. rainy.
Al next above. ZamMait. 1.11 next above.
South Cone on Irish and Middle Comb (Sato day.)
--- • •

Northem=licalaad. western= Leland musi=wa.,
oppo.ite and ddiseeet. enathern=Englisb Cirri 'ad Nees/
Itsy, ZenternmEastirszd England sad HeNoised.

-
8.-Barometer corrected and reduced to fir at ban tido Iced.
Keep ten feet, of vertical aeration, causing about oes hundredth
of an inch Dituitirriog . mad tech ten &pees, above mew
ing nearly three hundredth' INCltlall. Z.-Drponsd tlawino-
meter in shade. D.-Difference of wet belt Pe evaporation and
dew point). W.-Wind, direction of (nell-twe pints izn at
insinstic). F.-Force (1 to 12-ectimated). X. ..was force
since last report. Q.-Quarter whence 111111011 lone (NNZ=I,
to 32=N). L : b -bine sky: e-carads (detached);
1.-fog : m.-widta 3111_0)4„0..ii:evereast
: r.-rata: a.-sneer -thunder. A. _.- war
had ;malted), since eat report 8.--Sea disSulgass (1 to q.

.

H
12 e
11 e
18 b
811 •
M •
84 •
116 •
10
16 e
U elit e
12 t
t
• • II es I
11 t
12 1
4 I e
1,1 !,