The Express.
London, England, 1865-04-28 00:00:00

Vs

sompsenate the *olden of the present emote, whereas by
bis bill •
it weld only be othmsery to oompeoseta
them for the differsee of their receipts, which would be
great stylus to the coquetry.
Mr. CRAUFURD seat that all ware agreed that the
gesso of registration of land rights was as pods* as math
he. The oily Question was as to the matter of *plass.
' Nis right hoe. frthod's bill bad Mon theracterieed se a este
• tralleing measure; while bin boo. Messrs (fir. Due-
lop's) bill retained the existing principle, mithtet
vowed to amend it, and if it proved still
to be unsuccessful it left open the moues of
baring recourse to a central system of regiatratioo. He
(It. Crattfurd) agreed with the commissioners that it was
bestir not to interfere unnecessarily with a system which
was familiar to the habits of the people and professional
mew, in favour of a theoretical system of perfec-
tion. He should therefore support the measure
of his bothorsble friend the member for Cresco*.
Bo far as his impression work wee far better done
in the provinces than it erasdose in Edinburgh. In coil-
eludes, he moved that the bill be rod a mooed time that
day six stooges.
Sir S. FEBOUSSON wooded the erseadment.
Captain CARNEGIE moved that the debate be now ad.
ionised.
The moths was agreed to, and the debits adjourned
until tomorrow (this day).
TitusTs ADMINISTRATION (SCOTLAND) BILL.
The hones went into committee on this bill.
'The revisal "lamas were agreed to, end the house
LANCASTER COURT OF CHANCERY BILL.
This bill pissed through committee, and the boos.
resumed.
LOCAL GOVERNMENT SUPPLEMENTAL (No. 2)
BILL.
Thi" hill was read a third time and mimed es wets *lvo
thelLaind Drainage,Supplemental sod the Local Government
Supplemental Balls.
OXFORD UNIVERSITY
BILL.(VINERUN FOUNDATION)
This bill pared through committee.
TENURE AND IMPROVEMENT OF LAND
(IRELAND) ACT.
The committee wee increased co this bill.
SEWAGE UTILISATION BILL
This bill was recommitted, and passed through com-
mittee.
The Mortgage Debentures Bill and the Lind Debentures
Bill passed through committee.
CONSTABULARY FORCE, Re. (IRELAND) BILL.
`Sir ft. PEEL *Woad leave to introdun a bill to alter
the distribution of the constabulary fore a in Ireland, &Dalt*
make better provides for the polies force in the borough of
The house adjourned it a quarter to 2 o'clock.

LAW INTELLIGENCE.
EQUITY COURTS.--Aran 27.
(Boom Pie W. Pio Wood.)

MAITLAND o. Tlii CHANTIMED 1123CLITIII BUM OF INDIA

AND CHINA.

This was a motion on behalf of the Plaintiffs,
Maitland and Ewing, to restrain the negotiation of certain
drafts under the following circumstances. The plaintiffs,
who were the London oorreepoodente of Mews. Fletcher
sod Co., a firm carrying on business in Shanghai in China.
wen lo the habit of obtaining on their own security and '
seeding out to Meows. Fletcher and Co. marginal letters of
credit on the National Bank of Scotland, of which bank
Molars. Glyn, Mills, and Co. are the London agents, there
being an alleged agreement between the plaintiffs and
Mows. Fletcher and Co. that such letters of credit should
only be applied in payment for goo& consigned to**
plaintiffs. It was, 'however, allepd by the plaintiffs that
Fletcher and Co. bad ha n&d these marginal
letters of credit to the extent of 14,11004 to the
Cluutered Mercantile Bank of India and China, in Hong-
Kong, in payment of certain obligations of the Messrs.
Fletcher, ijwith which the plaintiffs had no concern,
Time drafts (which are in the form of bills of exchange,
drawn by the Messrs. Fletcher on Mona. Ifills,niii%
Co, with a memorandum affixed to each, containing an
authority from the National Bask of Scotland) were ex-
pected hourly by the China mail, and an interim order was
obtained yeeteaday restraining the negotiation of these
drafts until 12 o'clock on Friday. The plaintiffs now
moved for an injunction to restrain the negotiation of the
drafta until the hearing of the suit. During the argument
this morning the Chwa mail arrived, and the motion
was ordered to stand over till 3 o'clock, that there slight be
time to see whether any explanation was offered. At 3
o'clock the matter was again mentioned, when it was
arranged, by nosiest, that the interim order should extend
till over the next seal (Thursday next), restraining the de-
fendants from negotiating or presenting for acceptance any
of the above drafts, but the order was not to apply to or
affect the presentation or acceptance of any much bills or
drafts drawn in the regular way, sowed wluth, it appeared,
had also arrived, the latter Wag easily dl.irngui.a.bte by
certain numbers of which the plaintiffs were advised.

COURT OF QUERN'S BR/MR.—APRIL 27.
Silting' in Banoo.—(Before Lord Chief Justin' Cockburn,
and Justin's Blackburn, and Shwa)

IN if CHAILIB WINDBOI.-THE UNITZD STAMM I.IIIIADI-

TIO TU&?T.

This case came before the court on a writ of habeas corpus.
• The prisoner had been apprehended on a warrant issued
by Sir Thomas Hoary, of Bowvitreet Polkswiourt, for
Ussery on the Mercantile Bank of New York. He had
also been arrested on a espies for a debt due to the bank,
and was now confused in Whitecroustrest prison. The
prancer was employed in the Mercantile Bank of New
York as "paying teller," and it was part of his duty
to pay all cheques and draughts upon the bank, to receive all
mauve to be banded over to him by the "receiving teller,"
end enter into books day by day all the moneys he had
received, and at the end of the day to state io the bank books
she balance remaining in his hands, and deposited by him in
the vault, of the bank. On the 28th October last, at the
closing of the bank, be informed the "reviving teller"
that he should be absent fa a day or two, and he handed
over to him the books purporting to contain true entries of I
the state of the 'count at the cod of tbst day. He left
that evening, and es he did not return at the appointed
time inquiries were made at his house, when it was found
that he had left for Europe. Thereupon a warrant for
his apprehension was iuued in New York, and polior
officers came to this conutry for the purpose of appre-
hending bun on the charge that he had feloniously end with
latent to defraud the Mercantile Bank of New York mule
certain false and fraudulent entries in the books of the
bank, whereby the bank bad been defrauded to the extent
of 2.4000 dollars and upwards, contrary to the statute
made and provided, and that he had oommitted the crime
d foery.
Mrrg. lillishon and Mr. E. G. Clarke appeared for the
prisoner in support of the writ ; Mr. Giffard, Q.C., and Mr.
d showed cause against it.
Mr. hi'llahon said the prisoner was not charged under
the general laws of the United States but under a statute of
the State of New York, which makes certain sots forgery.
There was no pretence for saying that the offence was
forgery by the law of the United States or by the laws of
England.
Mr. Giffard said he should contend that this :was forgery
by the law of England. He took it that if a clerk with a
limited authority in violation of that authority entered a
larger amount in his books than he had in his custody
with a fraudulent purpose, to the prejudice of the corpora-
tion, it was within the common definition of forgery in this
country.
Mr. M'Mahon said that war what the prisoner was al-
leged to have done, viz., to have entered a larger sum in his
book than he bad money in the vault. It wan deposed
to before Sir Thetis, Henry by Mr. L. 0. Clarke that
by the law of New York every person who, with

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Mthe law at ASV / ors:every person woo, wan
to intent defraud, should make any false entry, or
1 ! falsely alter any entry made is any book of ac-
manta kept by any moneyed corporation, by which any
pecuniary obligation, claim, or credit should be, or should
purport to be, discharged, diminished, increased, created,
• 1 or in any manner affected, should be upon convictiondeemed guilty of forgery in the third degree. Now that
was not a fair representation of the law, u there had
0! ;41„ .lc been a passage of the clause omitted, Ind the state-
! i, mast of • gentleman who said he was conversant
with the law of the State of New York and given in
1 that manner was a strange way of proving what
was she law of another country. It was quite
• dear to him (Mr. ll'flahoo) that the prisoner was wrongly
charged with forgery, but that if anything it only amounted
i to embezzlement, and that if he was in New York that
would be the charge upon which he would be prosecuted.
In that case the extradition treaty would not apply ; but it
1 : was endeavoured to get him surrendered upon a miscalled
i tri •
Iri . charge orfofce The section.? theusteanotemupon which
yr
these p had 101 l : E
person who with intent to defraud shall make any false
entry, or shall falsely alter any entry made in any book of
. accounts kept by any moneyed oorporationwithin this State,
or in any book of accounts kept by any mush oar.
position or its officers, and delivered, or iniuMid to be de-
. livered to any person dealing with such corporation, by
11 which any pecuniary claim, obligation, or credit shall be, or
't shall purport to be discharged, diminished, increased,
created, or in any moaner affected, shall upon convkitios be
°Willguilty al forgery in the third degree."
iford said be proposed to reed that section as *p-
i i. ilmeggitmo at:plot:Mee Maktinegof thicip;.oneana thethe booksr
tkheeptcrk!
•
given to the customs's.
11 Mr. Allfahon mid the section stated it must be done
1 1? "with intent to defraud." Now it was quite clear there
was no intent to defraud in making the entry the day be-
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fore the prisoner left the bank. The fraud was 'treated be-
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fore, and the entry was made only to conceal that which was
already effected.
Yr. Justice Blackburn said that I/ it was made to Mai-
' late his Neaps it was a tradolent intent.
Mr. 11.3 cs said that whim before the police magi-
,
i A ' Into, it wan slated that this bank was a moneyed corpora-
.
rbthere had been a great &spate for years in New
igs wuhether beaks of this kind wee eureyed
: , • and if not the offence did not come within the istill=lagli°l
j the statute ; bat he would not trouble the court further on
1 that point.
Mr. Justice Blackburn said it would be better to have
. .
that decided by the New York judges than bare.
~ . • Mr. M'llabas said he bad only mentioned it to show how
. they were straining the law to bring him within the treaty.
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