The Express.
London, England, 1865-11-13 00:00:00

r
LAW INTELLIGENCE. _---------_
agast-a &ideation lot.
(THIS DAY.) __,eneem it 1 .. ..
igie—tesned eat that he
—me— _uose-dhe whole of his
COURT OF QUEEN'S BENCH. egiTere be had beanie be .1
detorip •
Sittings in Basoo.-(Befere the Lord Chief Justice end biligleils mar .
Justices Mellor, She*, arid Loth.) /Elitio beau indnoed
out
WAILERALL V. TIE ZIRESOII LITZ AMORARTIRCORTAIR.
Mr. Rsymood amid this use an arnica ma life policy is
the Emperor Life Amnesties Compsey ; and ammo the
questions put to the soured was whether the armored wee
then, or bad at any time been, afflicted with gout, inanity,
rupture, Ac., "or any other complaint." and the pee% ehte wee to keep .• •
offlotal esdense, who wn
of rite WIIaIIOTE j and e i
mmhorge in their them •
67, -adefont proesolind.?..
ofsenodork. .Istitwasau
the december" was that tan Limner to that= wee , heekeapt *Beget. that i.
estrus, for that he had remptoms of stomach
Mr. Julies Bbee-Is it not, "or my other complent
fading to shorten lifer
Mr. Haywood said that sou not so. Application was but this woo extremely
mimed.
The baskruPt asked 1 •
him to appeal ; bet
made to Id C. Justice Elba) at chambers for the Wisdom to ; Bin Hosier mkt he n
give the particulars of the disease, and his lordship made The baskrapt. who ii
an order accordingly. He submitted that the order should esedings, said-Your It •
be set aside on the posed that it wee almost imp:eats
' to comply with it. If the defendanta ;eve what they see."Tasheljece• iss't hold
ion's- .
I ridered were the rooptome. as doctors differed they fluent* teak if yo donll
enema i
turned round upon on the trial and told that they had seas from the court.
the smug name to the disease. It wee an attempt Mr. flaggood
to tie the debased down in the defence. The plaintiff M cool,
' the action was • medical man, and no doubt whatever gitkatret!;?dofnor a t
symptoms the company pee be would have ingenuity to armour said be •
show that they were not correct.
a The Lord Chief Jarboe-How is the plaintiff to mat
e such a case if be does not know what the dsforeete re lie
rely ea I tridismised.do die game In every
The baskrupt was
Mr. Raymond-The coins of proof is on ns. roe arse an adjourned
''' The Lord One! Justice-That is true. Y
(43 may be ebb elms
3184
e. to make out a prima facie case, but the plaintiff might he litr. Linklater oPP '
MI able to upset it by sidling seientifia evidence. Its en c OA lisa elmounte were
bemuse you have to make out a sass that the pewit ley. Heed, for the •
oe should not know what it is. uperezde at nineteen
Mr. Raemond-We sty that the enured had, at the thee franla _had done all
_he entered iato the policy, symptoms of stomach abeam Mr ODOM, the cm m.
n• It may be very diffieult to say what they are. been realised, end fa, •
be The Lord Chief Jnatice-A stomach complaint roily o 3-16ths. (A laugh.)
curable of deseription-nniortanately we have too reanyce ail ROOM add le
them. edjoeummellt, and •
Mr. Janice Mellor-It cannot be very difficult to comply -
M- with the order without giving too much informers. Ife THE I' i
le, doubt there would be soaks inconvenience to the ees
we fondants in giving the required information. I recently
tried a ease where the symptoms were given, and when the
''''' sees came on for trial the opposite side said they had bus
misled, as they were the symptoms of another compbia i I
311. The Lord Chief Justioe-I don't me how it b mull. Plerfesallette 001ce
for the plaintiff to go to trial with anything like Orally b Josiah Pester, aged
do justice without knowing what is the defence bhe Islingtoe,* watch...
set up. turbine' at the F
„,./ Mr. Ira mead-It may be that the disease has got he tan Railway, and
''''' name. (Laughter.) The
Regletrar•General dmieribss its porters, Sad Palm '' '
Won " diadem of the otonisch." time of Ids &by.
sion Mr. Justice Sties-The office ought riot to have ploolot On Saturday night
ire such a plea without knowing distinctly whet the symptom woman wanted to go
Ns., were defeethet said she
The Lord Chief Justice-There can be no real direct* in, and whew he was
the is giving the hiformatioe. he Wight held a t
Mr. Justice Mellor-You can give the bformatiaa yes and Snag htm to the
and pastes, and, if necessary, the judge can amend the Pe' se the de Bede Me .
Ea. the trial. west to the • .
The Lord Chief Jostice-An bowel and remenshie me arid inthelleimlned •
Lad,' pinnies with the order will do. greatest lane
Application refused. polionetnetess se vio
IRO wawa =Lae o'Brieer. The defendant
lc. Mr. Flood, with whom wee Mr. M'MahOo, applied fee II not know what bad
writ of certiorari to brie up the coovietioa of
sof inwith Ifilkill be bed apt death .
O'Byrne, the Island of St. Helens, a view of Ili be was every for it.
crow being quashed, and to reverse an order of forfeiture ehrees Mr. Barker said
the his property amounting .to upwards of 6,000/. bl the defendant to pa
been, it was alleged, illegally forfeited. The m. mooed in the Henn
plicent was tried and convicted at St. Holum ef weks.
11 en sentenced to three years' imprisonment for hae* DI The defendeet w
Nina, Sr. to an anthems, with intent to defraud the the MAR
Insurance Company. A great hardship bad bees biked ITORATE,
1.;. on the applicant, and big object was to upset the convithe •Abe Drown, a y
L''' , (although he bad served his three years' imprisonmentcustody,▪
bard labour)recoverhis
to la &amid wth
town outhouse was made a 'Unstable offence in Espana, Wed Julia Sae m
punishable with three years' imprisonment with buil The ocenplatheat
labour, sad the acts applicable to England did not welt b talkie,woman was
to a yam(
3. Sir any of our colonies err foreign posseesions. Gimp they ens • young
I. Sir named, or where it was intended they should spPy W Mind her by the •
now. order in council or writ of ordinance. Search hid the kithed bee damn
• made, and there was not the slightest true to be bead mid the primmer er
massing
._-_ that this set had been applied to St. Helm. Pollosetemilehle
It an. The liaised canned proceeded to urge that she weird othennind •
aline the act of Henry the Third this coat Ind W vest up to . •
jariedietioo over the courts of St. Helena, and We holdig the oom •
in this case the interference of the Attorney•Gegersl me ' kiddie( her vin
i_ D eon:F:7ler tedb y
0112:11enruffienitsta:briegiunormdadewreriwatphopliicthcaordinantbblee tol:Srm. Hailateli.‘" lamakEr.thisboarTyre prisoner
cos.rctd bad n.ver been made applicable to St. Hiliss Mr. Tyrwhlit"
sequel:lily it was no offence under that stable ' As the peewees'
If it was an offence in St. Helena, it mint be i the eomplathaut.
ron a under the common law of England, or by bye M Tyrwhitt •
N
mono laws made under the authority of the &OWN, d . here.
a she w . •
mashies State for Lodia ; the former bad not been extended to lls • the peace far • .
Iby the %bad, and no bye-law had teen made. He contended this .
Iby the the applicant wu tharedore improperly proceeded spill , THE
cues. in and convicted. , An alteration
always A lengthened discussion took place between tie leaned coml. mod, hem
counsel and their lordships as to the material, epos which prise, that alth • •
plot of the learned counsel moved, and as there applied bbe , slue the removal
robes of some defects in them, the learned counsel sought to 'scree soseested and •
'Died by them by stating that there was not a siogie attorney is the have been
- m
Aof the island. and this poormturntoran man had no owe to ohm be bog pusage to
of Beete could apply in wines, and the •
ockbure, Mr. Jumbos Mellor said that if he was a poor iptesst gnat ineoevenise
am Erie, man be appeared to know how to set fire to this emboss um is eke meet
one; as to defraud the insurance company, and the learned contact Stews. „id tee
nee ; Mr. contention appeared to be that the "Indicant ought to luell with the m,"
e Pigott, been hanged instead of being sentenced to three yea* rewires this,
I Queen's inborn:nest. trklp and
I the El. Mr. Flood mid that as he was driven to technicslitim litt weed lee
of •., •
present must :contend that he ought to have bus beaged- agar
the the bac
prisonekrs le
h, after (laughter)-if the common law applied there ; bet lie the
end and tended this was no offence in St. tieleoa, as the 9th Gew end all the ni
mentioned) I, cal% 22, which would hate imaged him, aid the lit the old state of
of three Vice, cap. 89, which made it punishable by espies. hitherto de i
doa
I serve the meet, bad not been extended to the island. *toned off to
ocipeetly Mr. Justice Mellor said sufficient evidence lad net Imo plenty of room
ad who is brought before the omit to show there was no local law is the wort, and a
sty. This St. Helena applicable to then raceme. m back
witnesses at of the co •
g,. another Mr. Justice Shire considered the fact should beteregli orderlylo
• m
circuit in to the knowledge of the court in the usual way. bo
! England Mr. Flood said he was not bound to do so. This coat
tim, sod was the comm reps, and the crown was bound to know
uuty ware every law to which it was a party. LATE= •
a• by him The Lord Chief Justice said that ight be
could is
go is
me pronging theory, but it wu absurd to expecmt it
y, and the carried out practically. He wished to know if then was
one will in any authority for then issuing a certiorari in such a sees as
. Many this. The court, in the exercise of its discretion, melli
y lo SHREWS
to-day by teke care how it took upon itself to control the emit
e said they our colonies.
heir names The learued counsel then proceeded to cite minas mese CLE •
Is abroad; which he contended bore upon his applicatioe, bet he use Quern of 1.
sly the ex. unable to produce a direct case in pont. Tin last,* &Wile Blue
were struck actually issued that he had found wee in the ming i , Pantaloon, ~
iebtetovrncLid Edlirde I
LoI.
chtilli
jeduaLot li:oikdethf: iittliteer one.
leagued
moo mmeey
cerreb,l.
r 1,.,.
I, the mew. could have foal a modem cage he felt sure he wield bow Fame; Ha •
ed from the quoted it earlier in him argument. CA •
As their lordships bad to rise at 2 o'clock to 'steed la, Mize Wi
the Court of Exchequer, and waist in the spoonlielent ' *emetic. I
sheriffs for the ensuing year, the further arguments is 00 Effervaeow •
70R AV'S- use had to be adjourned. worth, Qin,' •
M Y.) -- and Bennet .
COURT OF EXCHEQUER. Psinlo
molders wastoplieles.
Sittings in Banco.-(Before Lord Chief Baron Yolk* ,
i".l Mr. ,t• and Barons Bramwell. Channel', and Pigott.)
Overturn.
im ARMSTRONG O. PATE.
if a dividend This cue was tried before Mr. Justice lloutegmeSmitbd Certain 10.• -
tad Serie ell
oat. par ao, Carlisle, and in which an applicatinu bed beta mule for,s_
Pun Fu:
, the peewee new trial on the ground of the verdict being spinet to.
in which the evidence, and also on the grounds of the improper rocePoo
, by the het of evidence and surprise. Betsy. LI
although the The Lord Chief Woo now said the court were el ceillet_. Liu. ,II flan
rei 5 pee elm. that the ported of surprise was not sustained. bet en. WO ROM
el to rase is there ought to be a rule on the other grounds.
molders. the Rule nisi IMPlells,
lc. 330,0001. CHAPOIAR V. COTTRELL. Tormeet.r,
mod to soh
air •r-Tbis action was brought by the public °fiber of the Edell Salad's, U
8 owes their Bank a Loodon to recover 3001. upon two prooleor Trumps.
Mr. 3
she 31es Dee. notes. It WAS tried at Liverpool, before ~.., APAR r D
et
see to the Montagne Smith without a jury, when a verdict less len; iikr, Boa
bat was wiped for the plaintiffs. The material defence was. that We; Diu a.
kg ending dime without the consent of the defendant, who was we, ....
the debt, gave time to the priumeil, debtor to pet .." DIC1:11
aid the meet- money.
The Lord Chief Baron now said that a rule haw
applied fora Dew trial on the ground of something is t_.ewc m
ture of misdirection by the learned judge. Is MLR 12 .78 Thu d
jade'', with the consent of the parties, -applied the Pomo . Melees. F
sad Literary 1 jury, there could not be an application for • iiew trill oat attended •
setts, kiting. count of the verdict being "punt the evidence, ere! it hvalusble
r. L Kell gave difficalt to say how they could get at any rei bet ; Segue hi
1 unless it was quite obvious that the indP.
_,_ ' Wee not •
. various Darts
- I laid down a proposition coistrary to some mine P.. ellid they
ow the Roman erne of law. In this case they thought there wee • tithed • •
r ic
and the extort violation of any rule of law. mid that the judge had isex
if Resume sae a course ocusisteetly wish justice. Theta would OOP t •
quietly be no rule. mea bad
meneiniee, th.. •
' Rule refused. amass, a .
aced the fact of
um in Devon- COURT OF BANKRUPTCY, ease,
it
sit . .
IA MOATS shores Mr. Civ
(Before Mr. Commissioner Holroyd.) ' bill of h
the commercial in RE HMO ECHALLE/IN.
of o• a- g.l wa,
period between The bankrupt was described as a erefemov --1 beech e
time colonies of Canine-street, Kensington. Debts, 5.501. • propel': Plague
I secured creditoes, 2301., including an Italia*
viohM___lhl
at 501. It appearing that the bankrupt had sot l'"'"'
' the
the fwl- cons of a former sittiog, as directed be the cwt. Pier
e ke
mar Aerteeew Per- His Honour adjoureed the case sine die. western
ante ; and Mr. (Before Mr. Commissioner Goulbure.) tit* Ste
nerd the Leith II in RAITILIOTT-RIB•DOCRITTIOR. ,_s Sammie
The bankrupt Imo described es • oommimion gam. ee, 4.000 his
Luse WAG'S.' Hammersmith. Os examination it spewed that P: WV, m m
m firms at Long. 28 creditors 22 ridded at Kieptomon-Thamelt whew ''''.... foe ire .
demand an extra bankrupt bad carried on betimes for 25 yean-ds the es.
creation gave the to 18 months ago-hut there won no amnion of IMP.' to 263 ..
that it was ett- ' in hie petition. Mid.
to make the ad- m Hie Hollow DOW gave judgment. The bankreetme.bni Roy
L• wages d eel. wished to put in an affidavit from the Kelpies wene77. Maher
bead ; week a •
sy. The mime= that they did not wish to oppose ; but his fleece' le
) the pries d reed it could Dot then be received, the mu hiss sae •
s forma &deg. TIM bankrupt Idled