The Express.
London, England, 1851-06-21 00:00:00

maintain the child had left it for a moment for the purpose 1'
care of herself, that she might not starve—
Paring the child to be taken care of as casual poor. His
md.hip, in conclusion, remarked that to summon the
judge, to hear an argument of this kind, was not the way
to indace the legislature to alter the law.
Mr. Baron Parke concurred in all that had fallen flea
the Lord Chief Baron, and in addition he had to observe
that tne indictment was bad, inasmuch as it did not Mir
that the mother had the means of maintaining her child.
Mr. Justice Patteson, in expressing concurrence in the
judgment, asked what it signified to the parish whether the
moths r abandoned the child or not, seeing that if she could
not mantain it the parish most do so.
Thr court therefore held that the conviction was bad,
and ordered the recopisances to be discharged.

COURT OF

r.--YESTEIDAL

Basma tla. tiosnetawainta rasa.
lw as °Bolton Omontax.
The bankrupt was a farmer and banker, et Rougham, in
Suffolk. This was the day appointed for the last examina-
tion of the bankrupt, who was adjudicated bankrupt on
22nd March last and surrendered, and who died on the 11th
May following.
The billowing statement of the position of the estate, pre-
pared by Mr. Butler, Basinghall-street, u filed:

Cirditors swarmed X 7,793 17 3
("minors Wass mongers
Crelilnr. who We levied ma islet
under as tseentka 920 0 0
t 11,733 17 3

ASSISI.
DeStoes—sew AT 0 0
~ Doubtful
Dad
Pro;erty girls as
Pto,erty mid soder execution ..... ft". 7 10 6
Property mortgaged ll,ot 0 0 0
--- 6,274 0 0
Mr. Ilensenan, for the resigned, wished to take his
Honour's opinion as to whether they ought to proceed
against a particular creditor named Smith, who had ob-
tained poseasion of part of the bankrupt's property, worth
about 960/.
His Honour said that, as he understood the assignees had
been strongly advised to do so, he did not hesitate to give
the sanction Of the court.
The bankrupt being dead, the examination meetiag was
merely pro forma.
Mr. Carman, the official assignee, stated that the assets
were likely to be well realised. The bankrupthad been de-
scribed as a banker, as well as farmer, on account of his
bolding a share or two in some joint-stock hank.
BI PARTS ALLGARD RE MlLTON.—ltEolarltattutt OP
.11:1)0KINTS.
Ilia Honour gave judgment in this matter. lie said :
This was a petition by Mr. Allcard, praying a declaration
that a judgment debt of 1381. and interest, due to Inns
coder a judgment entered up in November, 21449, against the
benkrupt, was a charge upon certain leasehold lands of the
bankrupt, sold under the bankruptcy fur a sum exceeding
the 131~1., and praying payment out of the money to re-
ceived. Alleard was the holder of a bill of exchange ac-
cepted by Milton, and had sued him soul got judgment,
sod hail registered his judgment under 1 & 2 Vic. c. 110,
a. 19, so that prima facie, his title was clear under that sec-
tion, and KT. 13 of the same act; but it was objected that
the lands in question lay in Middlesex, and that he
had not registered his judgment under the Middlesex
Regis, ry Act, 7 Anne, c. 20, a.lB, and I am of opinionthat the
objection is fatal. By that act it is provided that no judg-
ment shall affect lands in Middlesex, but only from the
time that a memorial of such judgment shall be entered
in the Middlesex Registry-office. 10 this it was answered
that I ought to construe that clause with reference to the
preamble of the act, which after reciting the power which
persons had of undoing purchasers and mortga-
ged to the utter ruin of themselves and their families by
secret ways of conveying lauds, &c., proceeded to make seve-
ral mei-ions, evidently, us it was alleged, fur the protec-
tion of purchasers and mortgagees, and of no one else, and
a t others the provision in question ; and it was urged
grarNitprovision though general in its terms, ought is,
construction to be limited to cases whero purchased
er mortgagees required its protection. I cannot
concede to this argument. The preamble or ainis no
doubt to be read as an assistant to the construction of any
enaetnamt iu it which is of a doubtful nature, but it is not
to control those which are clear. If the rule were other-
wise, the preamble would be the enactment, not the
preamble. Besides which, it is not at all impro'xible that
the legislature might have thought that, if a litt e more
publicity were given to the existence of judgment debts in
this great assemblage of traders, there would be no harm
done ; and in that I certainly agree with them. It was
then AM( .e4cil that the provision in see. 19 of the 1 & 2 Viet.,
c. 110, requiring the registry there specified, must have
beet intended to supersede or repeal the provisions of the
statute of Anne, for otherwise there would be two registries
of the ram debt, at least so I understood the argument;
but, if so. I cannot acquiesce iu it. The one registry is ap-
plicable to the whole of England, the other to the county of
Middle-A v only; and I cannot conceive how a special pro-
vision for the protection of all persons interested in lands
situate in 'Middlesex can be repealed by a general act not
making the slightest allusion to it. It is a great satis-
faction to me to and that Vico-Chancellor Rolfe has decided
this point in the same way in " Johnson v. Holdsworth "
(I Sim. N. S., p. 106). the question before him was,
whether a judgment creditor, not having registered his
judgment in the West Riding of Yorkshire, was a necessary
party to a redemptien suit relating
.to lands there, and he
held dud he was not, as he had nu interest in the lands till
registration, and be held this, notwithstanding the ergo-
ment was used, that the I & 2 Viet, c. 110, s. 13 & 19, sub-
stantially. repealed the Local Registry Act. I must dismiss
the petition, with costs.
' Mr. Lawranee supporteal thepetition; Mr. Brown contra.

CENTRAL CRIMINAL COURT.
OLD COURT.—YESTERDAY.
Berms Ms. it NMI •1411 Ma. Beams 1.1477.
THE MUEDER AT VAUXHALL.
The report of their trial, given in yesterday's Express,
closed with the case fur the prosecution.
The learned counsel fur the prisoners then severally ad-
dressed the jury on behalf of their respective clients, and,
with regard to Hickey and Cane, it was stated that evidence
would be adduced to show that the police were mistaken
in ,kcaking to the identity of Hickey and that Cane was
at his own house at the time the offence was alleged to
have been committed. On the part of M'Ellicott, it was
contended by Mr. Woollen, that the evidence was totally
insufficient to couviet him, inasmuch as it was distinctly
_proved that he had not struck a blow, and that at most he
could only be held constructively guilty of the offence of
murder by being present at the time the fatal injury was
Inflicted by one of hie companions.
A great number of witnesses, all Irish people, were
celled on behalf of Hickey and Cane, and on the part of,
the latter it was sought to be shown that, as he was going
quietly home on the night in question, a police constable
interfered with him, and struck him on the head with his
truncheon, and it was represented that he went home, and
was engaged in washing the wound at the time of the
affray, and the blood upon hiswas person accounted for by
this ei
rcumsbuice. On the part of Hickey an attempt
11001 made to show that ho accompanied a man, named
Herrington and another named Shea to the house
of the latter on the night in question at five minutes
to one o'clock, and that he remained with them until ,
half-past I when Herrington accompanied him home. Both
these witnesses swore positively to this fact, and they also
attempted to prove that the prisoner Hickey had been
mistaken for Clary, who was represented to have ab-
• wended. and they represented that as they were walking
towards the lodging of the prisoner they met Clary. and
that he changed his coat for a 4acket that was worn by
Hickey, and it was stated that this was douse in the open
street. In addition to the improbability of the story
told by these witness', was dais
clear that
a perain of their Motetwest was manifestly false,
the oleisesb they MOO positively that they were able
is WI& le the dose W looking at the clock that was in
Sheee bone. 11/111 Iltele Wag irked by the comm.l for
the peuseedett M tall the flues by the gedc in the court,
• they dew moo beelhollem admitted that they were
le do so.
b. Ird, in his reply wen the whale ale, sailed
upon the to dismiss -the evilswee that bed been ad-
ineei lel half of the yrieemme saillieluQua their consi-
dendesos be mid le Tepetted Its well am help coming
to gay OMer seneluslon than that Q hod bola built up upon
feel NA swept perjury.
sr. holies Coleridge havij„emotted up the ease with
great ewe end minuteness, the , without any hesitation,
re turned a verdict of Guilty inNeilaughter against Cane
and Hickey, and acquitted WEllicett.
_ They were sentenced to be transported for fifteen years.

NEW COURT.—YEsTzaatt.
Daman Tea itscoarna.
Senior Ro
James Corby*, 29. traveller, and Henry Hammond, 43,
labourer, were convicted of a street robbery, with violence,
on George Sheppard, and stealing a watch valued at 121.
The prosecutor, a sturdy built matt, stated that he was
accosted in Halfmoonsstreet by a woman, and had not been
speaking to her long when Hammond came up behind and
seized him, and said" what do you & with my wife I" The
woman then snatched kis watch and made off. Prosecutor
instantly turned on his assailits!, and at a blow felled him
to the ground, fearfully damagingkis face. Corbyn then
came up and tried to pull prosecutor of from Hammond,
when he found himself also in the iron grip of prosecutor,
who held both till the police came up.
They were ordered to be transported for ten years, the
Recorder stating that he wished it to be known that any
men of prisoners' class of offenders if convicted before him
would be transported for ten years at lard.

THIRD COURT.—YOURDAY.
... onus TM Ocamax}lllWlrr.
FRAM).
a WNW Owsver tier, $O, shoemaker, Ina Indicted for
, tistokiiimeseyfrifiler puelmsese. Prienserpiessied guilty.
% ne hahave of this OM were assn dapdar, and
1 • angel a west deal of bessnity and the germ of fnud
int bed bees carried en ler some yaws, the prisoner lur-
k' Mind ban minim peons sem inisis in the
wide le meedyl efflL TY tinwisestefo in Ilse esesebreeght
• ' bean tide flal" owe these et Isms Rehwhas. therm
lbws Will Rep& town whist be hell Alined 321
tow
es a1ai01110.71.00 if th 4
fames sad the primmer baying ebssissd MI
te Ass, said be sons entilleil te • leres
Web, N Sim ?, Ii mid imam parrs