The Express.
London, England, 1851-06-13 00:00:00

deem et the savy, sad the isef refined is them as a beep
enema's. It was ricer by the previsions et the 3.4 rd
4th W. IV., esp. 46, that tbe leghlasnee intended to hart'
the comatierimem at the Admiralty as • emperatiem rise
was an est esalding them to parches' surtakelends at Week•
wick he the a the dash. The Ott 411.11414181411
these to ewe or be rued, sad to plead specially or he pled
the smend lose la 'say audit that be hemAt
▪ Ohm The lamed emend ales asinai to slier
nen d te show that the esmenimismers d flee
were a corporatist. A Idesesseast
b On Mien apnea them Isr
browni ore haMpay, and they on
Ilea that Reties by paying the Vs domed
ad bis attormy's met. Lemit. Maims had dee
Moshe anther miss against them, foe tel
• aml Om had pleadid to it. Is betk Ns
bad bees Mei as a *venerate body.
Mr. Crowder, Q.C. (Mr. M. Smith was with him), ia asp.
port et the tale, said that it was hardly fair to refer le W
me et Lest. Iligglassa, as a pm( that the Camisoles=
of the Adminelly INN • nerpeuMies. Mem diet eMeer's
deist had been MOW ea esesese et the NM et poverty
that be week, end be se edam most. The Inman 41•111-
sal thes pemesied to emment upon the mime Me et
penmen' mama I. wed oesteaded that they ineeely
veined mina pewees In the parties who bad the
meat sir the wag memos et the country without=
them a ese s.
penne
The C.eset MI they meld look at the various statutes
before they gave judgment
COURT OF EXCHEQUER.—TzsrsaDAT.

Birnffles

a. v. Tea Loxoox Dom Cox-

,ANY.—ALLZGILD FKAI:DO vox TN/ RIVIIIMI:E.
The arguments in this ease were OSINIIIMIMINKI yesterday at I
an early hour.
The reading of the 'riders essegied three boon.
Sir F. Kelly, Q.C., showed 1181111111 against the rule ob-
tained by the Attorney-Omeseel le midst a verdict for the
Crown for 27 casks of su4ar or he • sow trial. The rule
related to 27 casks of the 2s, as than was at present
a mediet lee the Cm kw the Mb cask, and it
wee aloe the "NM at a mem eels. It appeared
that! ambt d Nagar hod been ready ter exportation, ac-
=ea usage of the revenge of the company, in
mil December, 1549. The maim in relation to
dam arks hod been served by the deisadeate upon the
CoMemediesad the mad pram megemetvey to the exports-
the of geode hod bees gese-thawardt. IsM it was disco-
vered that them we. lON hither vide to be exported,
and the mellees were withdraws -The seven remaining
emits mseleimed some marketable sager each as was et:ou-
tgoes' is the le, het so part dddict could be removed or
ebtreeleil midterm the knowledge of the Costanza, and
altheat mks the duty, it they were entered for home
viSTrsa.Pelleelt, C.B.—My. ingwomies is that the Load=
Desk Cave" maid not totrodam eviar for home
=saAß they could de was to smart it with the
j'the Crown.
Slr F. Kelly wield respectfully Audios to enter upon any
argument epee that question at present. There were so
many quest NMI it was dielcult to deal with them all,
but that question did am arise. There was no distinction
between the sugar which was the subject of that informa-
tion and any other in the docks. If that part of the ease
was true that related to the ten hags of Manilla sugar, on
becoming the property of the defendants, the license of the
Crown might bc obtained to export it. All the sugar re-
mained under the lock and key of the Custmits, and there-
fore the question as to whom the property was in did not
affect the Crown in any one way. The Crown was en-
titled to be paid the same duties and had the
same rights, even though the jury should have found that
every canoe of the sugar had been stolen from the
userehanth or that they found that the whole had accumu-
lated from the droppings or sweepings of the cargoes. There
it was varier the eye of the Customs—under their lock and
key—and whether it belonged to the merchants or to the
defendants is as manner affected the Crown. No question
under the act oreadd have bee. leg to the jury which could
tam entitled the Crown to a verdict upon the counts re-
toned to in the rule. His learned friend (the Attorney-
General) would cootend that the Lord Chief Baron should
have directed the jury to find a verdict for the Crown; but
he (Sir F. Kelly) did not think it was at all material whether
the sugar belonged to the dock company or the merchants, for
to whomsoever it belonged, the duty payable to the revenue
would have been the same, and the rights of the Crown
precisely the same, in all respects. The Crown could in no
manner be affected in the least degree. However arbitrary
the provisions were by which property was to be forfeited,
they should submit to them, but this was a highly penal set
of parliament, and there were se s in it that had
tot been complied with by the Istg company. Not only
was no one section of the set not Admired, but the conduct
of the eampaay could not affect the Interests of the Crown
te the extent of a single shilling. The learned gentleman
then referred to the provisions d an Warehousing Acts,
which chewed that all the goads sheedd be under the per-
wee:learection and supervisienet Me eMeers of Customs.
The should be removed Owe the ships directly to the
• After being depodied aim according to law,
they were kept under the look mid hey of the Customs.
They night remain in the wessimese be a year
or some, but even while them, ft sensed In it,
they should be liable to forfeiture foe the mme=
they should not be clandestinely or
tress the warehouse. These were the ItZtrovideas
ordure say metesl leads on the revenue. sow
=tebed been obtained from several cargoes
es meters dock. The sugar sometimes mongol
the linieting of its packages and also by the meson of
sampling. Having explained the mode in which dlis epee,
tion was conducted, the learned gentleman chewed est
whether the sweepings were obtained at the Isepbsk es
from the Nam ling, all had come into the wareksse ssi all
hadremained in it. Any one with eyes must be. sem
the "erotica of mewling, and that the whole Meths sopa
ressarasd is the warehouse to be dealt with as the law
required—net as mum was aletrassed. To the Crown it
was, thsrstbre, a matter of the most perfect and total MOS.
fereace whether the property bakes, d to the romping or
to the inembents. The Attorney-Cleneral had said theillee
Crown wee affected in this way. He said that If is
sew belayed to the membent it would be smileati
for he.. mesumption and the duty would be pig,
whereas, it it belonged to the company, it would he ea-
=, mad paid no dot at all. That wee a meet esaner-
mgesomt. For the tenhop of Mains
egged the ergo of IMO hiss eat waretageoled to Ant-
werp, whet matureedi It le Ike Skeen 'biker they were
esperted by the laerehmt es by the maspeny ? The mat
of the seed W bees 'shied of Sobs bags of sager, but
the Crews was in no way eilbelei.
Mr. Bina Platt—What diatoms did it make to the
Crews whether those bags wen alerted by the merchant
srbthe ?
Ok F. 111•127—.1vat so : not the siglitest difference. The
e=Ssaid the tea bags were taken to the ac-
sy's sweepings, and that they formed
getter then
- Dm ea Peeks—Were the tea bags nand ?
Sr P. Lei y—Of roans they we.; but so ear Mil
be slimed be. the Antwerp menheat Ile thew The
Craws was proderly is the sem elosedea whether the engar
biped Or see party or to the ease. All dm Crown had
eight to de am to my, it yea import tht seem you mast
pay doty—if reseinsormact mrset ileet ellteis ate home
to do so. Hie lista to an their Wish** Maw
deo to the tenes the Ant sad l Vie., e. 116), sad before
be amehried ide segtermat it was discontinued, le ostese-
vegan etas ehemme at Mr. Berms Parke, who was obliged
to attend at ehenhese.—Adjsuesed to 12 o'cloek,,,th is day.
Mu rues ar WINNIONSIL—svgs Yee. B• 1031 Magna .as •

Illavustez Carom Jr.,.
HAW'S t. EsDAILE. —A BANK
ON JOINT STOCK BANKINI.I ACCOUNTS.

This was en action to recover compensation-
in damages
for injury which the plaintiff alleged he had sustained
owing to the refusal of the London and Westminster
Bank (of which the defendant is public officer) to honour a
cheque. The defendants pleaded that there was no balance
sufficient to satisfy the cheque, and that the plaintiff had
overdrawn his account.
Mr. M. Chambers and Mr. Pearson appeared for the
plaintiff, who sued in forme pauperis • and Mr. Edwin
JIM'S and Mr. Skinner for the defendant.
It appeared from the evidence that the plaintiff Hawes,
who is at present in t oar circumstances, earned on business
as a poulterer in Paddington-street, and kept an account at
the Merylebone branch office of the London and West-
min' step Hank in Stratford-place, Oxford-street. That ac-
count was opened, as alleged by the plaintiff, on the in-
ducements set forth in the printed prospectus of the com-
pany—viz. : "Current accounts are received on the same
pnnetples as those observed by the London banks. • • •
Parties who are desirous of having current accounts, w ith-
out being under the necessity of keeping a balance, are
the usual commission, proportionate to the amount
of transactions. This extends the advantage of a
banking amount to persona having moderate incomes, or
who in the course of their business have ample employment
for their capital." On the 16th of October last the plain-
tiff made a purchase from Christopher Home, a poultry
selesman in Leadenhali-market, to the extent of IL Z. 9d.,
end tendered in payment a cheque for IW. drawn by him-
' self on the London and Westminster Bank. Horne at first
offered to give him a short credit for the amount,
but as the plaintiff said he always dealt for ready
money, Horne took the cheque end gave hi.m
the balance. The same day the cheque was paid
into the banking house of Currie and Ois., but on the follow-
ing manias it was returned es dishonosired. Horne then
wrote to the plaintiff, who begged him to wait a day or
two ; bat net having received any eonsmunieation, he went
on the filed end took out a summons at Guildhall, which
won Tetnaside en the 25th. Aa attorney appeared on be-
UV of the plaintiir and by consent of the sitting Elder-
man dm amemet or tbr cheque was paid to Has% and so
the mem tamadated. Ag the time of drawing the algae
it was admitted that the plaintiff bad a balsams at the bank
in hie favour sill. 14 lit.; but as in the atom of tramme-
dam the bank had dednetml various ems by way of the pkintif new coidemdad bad no
ems-
right lawmps, it was new mdmeilled they
deka to
eampameatien he the injury be bed tae byte die-
Ittrestes of the cheque that he had awe arse, lee to him
delaw sallibet to .meet It. Ammo* witnesses
7166a1s NM Wise at with London
were grad, sad dot it wee sot the prac-
tic lbws brie le dime ssmilite• on the accounts
of eveleare• la eresegzaadaidem they raid (though
Wit NM gook boa amid kamidedgs) that they be-
atjein•steak banks were In the habit of
2=2.eagamiatice in certain eases when atesuate were
abhmeeroVary. nahnitted ass the
San bank le mess the
dope, Hof elatlity 711. ld. ;SW be hod
lease Helmut ate Mem Wad la the