The Express.
London, England, 1848-05-16 00:00:00

THE EXPRESS, TUESDAY EVENING, MAY 16, 1848.

LAID

DOUSE OF LORDS.
In Commits is for Privileges.
Loan Cotytt.t. or Ocutt.reen.—At the election of the
representative peers of Scotland, at
the llolyrond H
louse,u last h
September, a protest was entered liDukes fe
and Atholl, and adhered to by the Duke of Montrone and
25 other Scotch peers, against the vote of the person esaum
tog the above title being received—. considering it to be in.
valid, and that the person who tendered it ought notto be al.
lowed to vote at that or at any future election until he had
proved his right thereto before the Ilouve of Lords."
In consequence of that protest a motion was made and agreed
to in this house on the 21st of last March, " that the person
assuming the title ' Lord Critelli,' or ' Lord Colvin, of
Ochiltrei.,' be required to estehlish his claim to the same be-
fore this house ; and that notice he surveil on tho said per.
son at his usual place of abode; that this house will be ready
to take the aims matter iutu consideration on April 11;" and
it was ordered " that the committee for privileges do meet
on the said day to take the said matter into consideration."
On the meeting of the committee for privileges, on the 11th
of April laid, Mr. Serjeant Ilalcornhe appeared at the :me
for the person assuming the said title, and took wells oh.
jections to their lordships' proceedings (fur which Ile the
Daily News of thy 13th of April). The objections, or some
ot them, were held good, whereupon, according to the rug
gestione of some of the peels then present, Mr. berjeant 'tal-
cum!). engaged to bring the claim forward in the usual way
before the committee for privileges, and this day (the 15th of
Ma) was then appointed for the purpose. The learned
Serjsant now appeared at the bar, and stating that he hail not
had time to look into the authorities, &c., relating to his case,
claimed further time.—The Lord Advocate, for the crown,
objected teeny postponement as toeless, inasmuch it, there wan
no chance of establishing the claim. By the lettirs patent
creating the. peerage—which he put in—the peeragt war
limited to heirs male, and by this claimant's pedigree it ap-
peared that be was descended from a female descendant of
the first peer.—Lord Campbell and other peers, includ-
ing the Lord Chancellor, concurred in these objection.. The
ordinary works of authority in peerage cake showed that a
peerage limited to heirs male could not be tranemitted
through females, but must descend through male* without
interruption, or become extinct. It Ma matter of frequent
occurrence to find peerages so limited become extinct tor
want of heirs male of the body of the first created peer.—
The committee then resolved that the Cidilllllll, failed to es-
tablish his claim, and that this resolution be reported to the
house. The lords then formed themselves into a house, amid
further heard comae' in the appeals of " Rowley end ethers
v. Adams and others, et ti contra," which were opened on
Monday, the Nth instant, and the nettles of them was stated
in the report in this journal last Tuesday. At three o'clock
the further bearing was adjourned to Thursday, when (it
then brought to a conclusion) a further report wilt be given.
Mae. DAWSON'd DIVORCE 1111.1..--It will be retnemberal I
that this was an application by the wife for a divorce from 1
her husband on the reunite of cruelty and adultery ; that
the witnesses to the charges of cruelty were examined en the
19th and 20th of April (the substance of their evidence Wes
then reported to the Doily News) ; that on the 9th instant
other witnerate were examined on te charges of adultery.
and proved at least one ease of adultery egainet the husband
(see the Daily News of the 10th instant).—Mr. Rowe, the
junior counsel for Mrs. Dawson, this day (Monday) CIPIIII-
med other witnesses to prove another case of saultery, com-
mitted by Mr. Dawson with a Mrs. Macartney, a barmaid at
an inn at the Crewe railway station, between 1813 and 184.5,
and that the consequence was the birth of a child.
It also appeared that in 1817, pending the suit
instituted by Mrs. Dawson in Doctors' Commons for divorce
is mensa a Mors, Mr. Doeson was living with a female as
his wife at an inn in Oravisend.—The cow in support of the
bill being cortiltAled, Lord Brougham said it was a ease if
great importatice, requiring the must careful consideraien
of the house.—lt was then ordered that the evidence be
printed. No /ay was named for the consideration of it.
Mrs. Dawson, accompanied by other ladies, was within call
each day, iti compliance with a standing order of the house.
which requires every person suing for a divorce, wife vs well
as husband, to be ready to answer at the bar any questions
which may be put in respect to collusion with the other
party. Their lordships did nut call for her. She is said to
' ;ant woman.

COURT OF QUEEN'S BENCH.
rottingo in fiance.
WIGAN v. OADDItEIt.—THU LYCEUM THEATRT..—This
was an action of assucupsit to recover 201., for two weeks'
wages, at 101. per week, fur the plaintiff's performance at
the Lyceum Theatre, par.uant to an agreement with the
defendant, as the lessee, for a period of two months, at that
rate of remuneration ; the document also containing a clause
to the effect, that if plaintiff should refuse to perform any
part assigned to him he should forfeit • week's wages, and
be subject to the same penalty as lent; as the play was per-
formed. The defendant had pleaded • forfeiture, inasmuch
as the plaintiff bad refused to perform • part selected for
him in a play called "Gun Cott m." The plaintiff de-
murred to the plea as being ambiguous and uncertain, no
particular week having been named. Atte r hearing Mr.
Aspinal against and Mr. Willits in support of the plea,
the court decided that it was not good, and must be
struck out.
THE. QUEEN v. ST. GILEP'B-IN-TIIIII'IRLD3.—RUNIOTAL
OP • PAI*I.IOt.—CUittOVUQUP.ATI ,M.—This case arose Out Of
an order for the removal of a pauper to the place of her has-
band's settlement ; and the only question of interest raised
in the argument had reference to the legality of the marriage,
the man having formerly married an illegitimate sister of the
pauper; and it way therefore contended that by the law
which prohibited the marriage of a deceased wife's sister
the marriage was illegal. It was urged, however,
on the other aid.', that there was no relationship in law,
although there n ight be in nature. The court now pro-
nounced judgment, stating their opinion to be the same as in
the case of "The Queen and Chadwick," and that the fact of
the first wife being an illegitimate sister of the second did
not alter the intention of the law, the degree of consan-
guinity between the parties being in fact the same.
DTSR O. CowLey.—Sr.tircrion.—This war an action
tried at Exeter, before Chief Justice Wilde, to recover
compensation in damages for the injury which the plaintiff
had sustained in the Les of the services of his daughter. It
appeared that the your g woman occasionally received the
tolls of • turnpike gate rented by her father, and that she
voluntarily went to live with the defendant, by whom elie
afterwards had • child. The learned judge at the trial
directed a nonauit, inasmuch as he was of opinion that there
were no services proved which would entitle the plaintiff to
compensation.—Mr. Serjeant Kinglake subsequently ob-
tained a rule for a new trial, on the ground of misdirection.
—Mr. Crowder, Q.C., now showed cause against the title,
contending that, although the law received the slightest
possiLle evidence of service to a plaintiff in such an action,
yet it must be clearly proved, and it had not been so in the
present case.—Mr. Serjeaat Kinglike was about to address
the court in support of the rule, when Lord Denman said
they were of opinion that there was some evidence to go to
the jury, and the rule must, therefore, be made absolute.

COURT OF COMMON PLEAS.
ffun Plilm—licture the Chief Justice and Common Juries.
SAWTII/ o. LANOPUILD.—RIOIIT TO Tile RATIAIIY OF
RAILWAY SHAKES LIFT AC A tiECUSIZT IN THY. HANDS
or A STOCEHHOKER.—This was an action of trover brought
for the recovery of a hundred shores in the South Yorkshire,
Doncaster, and Goole Railway. The defendant pleaded,
firstly, not guilty, and, secondly, not possessed. It appeared
that early in the month of August of last year the plaintiff
being desirous of speculating in the price of Consols, was in-
troduced to the defendant, a non-licensed broker. It war
agreed between them that defendant should make " time '
bargains in Consols on behalf of plaintiff, and by way of
covering any amount of differences which might arise ag.iinst
the plaintiff on the settling day, he deposited with the de-
the
fendant the shares in question as a security. On the 27th of
same month, however, two days after the settling day,
defendant sold the shares and sppropriat d the proceeds.—lt
was urged for the defence that where securities are given by
a party to his broker to cover differences, and the party does
not appear on the settling day as he is bound
to do, and the account is then against him—
under these circumstances there is • custom which
entitles the broker to realise the securities to indemnify him-
self against loss, after due notice first given to his employer.
In support of this defence, the account of nominal sales and
purchases of stock, showing an unpaid balance of 441.
against the plaintiff on the day the account was closed, was
put in. The custom alluded to was also proved, and that
two days would be • reasonable notice. The only question
of fact left In dispute was whether proper notice had been
given. This depended upon whether a letter bearing date
the 25th of August, informing the plaintiff that if he did not
come forward with the money the shares would bo sold, was
in truth posted on that day. The jury found that due and
proper notice was given. Upon the other facts in the case,
the Judge was of opinion that the original bargain to in-
demnify the defendant against the amount of difference was
illegal, because referring to stock.jobbing transactions, and
contrary to the provisions of the statute 7 Goo. IV. ; that
therefore the defendant gained no right, under the circum-
stances shown, to sell the shares, but was bound to return
them upon demand. lie therefore directed a verdict for the
plaintiff for the amount of the shares at the time of the sale,
reserving leave for the defendant ti move to enter a verdict
on either issue, or for a nonsuit.—Verdict for plaintiff,
damages, 811. 12s. 6d.

COURT OF RICHF.QUER.
mining In bonen after Term.
ALLEN V. SIIAIIPE.—LIABILITY OP SELLitita ON COM-
Eleator4 TO HORSEDEALIOtie DUTT.—Thie was en nction of
rept,. sin brought by the plaintiff, the proprietor of Aldridge's
ltepcsitory, to try the question whether the business there
carried on by him of selling horses on commission subjected
him to a horsedealer's license, the defendant, who is the
collector of taxes for St. Anse's, Westminster, having levied
on the goods of the plaintiff the sum of 251., which he had
been assessed. under the center 43 Geo. 111., e. 161, by
virtue of a warrant to that i?..e.ct from the oommissionen of
sessed taxes. The cause came on for trial before the Lord
as
Chief Baron, when the facts being undisputed, they were
turned into a special case for the opinion of this court.—
Sir F. Thtsiger, with whom were Mr. Ogle and Mr. Sevin,
appeared for plaintiff, and contended at great length that
the trade of the plaintiff was not that of a horsedealer, so
as to subject him to any other duty than that of an cut
tioneer. He never bought any bones, either for himself or
on commission, but simply 'ad the property of others, either
at the hammer or by private contract afterwards. The
trade of a horsedeeler had been defined by 29 Geo. 111.,
c. 41, sec. 6, to be ono who " sought his living by buying
and selling horses," and as the plaintiff only sold them, he
did not fall within this definition.—Mr. Pashley, with whom
was Mr. Whitehunt, for the defendant, argued that re-
plevin would not lie for goods nised for Queen's tun se•
madly, that the proper remedy of the plaintiff, under the

various statutis reg amino the 'object, was by slip, al to
Commissioned of Assessed Taxes, whose opinion, subject to
the private appeal to the ludgt s, was Sisal, and th,t rouse
toently the present tctionoou ct not be sustained; and thirdly,
that the business of the plaintiff did subject him to the duty to
question. In support of the secotid pout, the leaned counsel
referred to t. The Earl of Radnor v. Reese" (2 Boa & Pull..
31:16), which seemed to he so clearly applicable, that the court
foiled on Sir Theviger to reply ma that alone.—Sir F.
was
nut accordingly, argued that the right of whet by jury
was nut taken away by the statute, and that it was upeu to
any one who is overcharged an a hersedealer, to try the
question by an action, rather than by appeal to the commis.
semen of aseemed taxes, whose decision might bn very un-
satisfactory to him.-1 he onurt, however, was of opinion
that, iro "pectin of the question whether the business of the
plaintiff subjected him to the duty es a horaellealor, the de.
fendant was entitled to judgment on the second ground taken
by hiv counsel. The object of the leglideture was obviously
to ensure a chi ap and prompt collection of the revenue, and
it, therefore, made the decision nt the swiessor and commis-
sioners final. The plaintiff had not appealed, and be had
thereby lust his right of redress. There must, therefore, be
judgment for the defendant.-Judgment accordingly.

COURT OF BANKRUPTCY.
ftetere Mr. emeineeeautirr Vane.
M. JULLIEWE IiANKEUPICY. —Tiais *WI an adjourned
meeting for the choice of essignere. At the former meeting,
held on the Ist inst., and reported in the Espress of the
lellowine day, some diacussiou took plane us to the want of
unity &mullet the creditors, and his Honour recommended
that they should have aon sting.—Mr. Cute said the credi
tars had since Ace d on the euggestien thrown out by the
comenisteioner ut the hot meeting, and had appointed him to
act as their joint soliciter. Re had since been engaged in
investigating the lsankrunee affairs, and believed that a very
good dividend would be obtained for the creditors. Proof.
of debts were then received. In the course of the proceed-
ing, Mr. Cure ostid a question might arise• as to which were
pence and which joint debts against Wows. Jullien and
Barry. Many of the joint creditors were here, but could
not prove under this Hat.—The Commiesioner : Unless they
are also creditors of M. Julln.n alone.—Mr. Cole said title
was not the case.—Mr. Orcgson mid he. hi Id the trust deed,
executed en the nth of February last, by Messrs. Jullien
and Barry, to Meows. Chaytor and Ilainault, fur the
brneht of the joint creditors. That evening he
attended a meeting of the separate creditors of M. Jullien,
when au arrangement was proposed. hut it tall, el. The Het
property of Judi. ei and Barry had leen sold on the lit of
January to Meese... Chappell for 4,0091. ; but this h d not
gone to pay the joint creditors, es it ought to have done.
Therefore the joint creditor., having been damaged to this
extent, had a el, ar common law right to vote Venue in the
choke a assiguees to the separate eetateMr. Cole sai lie
should %mese the proofs of the joint creditors underd any
form whatever, unless they wnuld give up the securities they
hl.l.—Mr. Welworth, a joint creditor, to the em, uet of
65/., fur bookbieding for M, sera. J and Berry, tendeerei
ill, proof, and elated thot he het lie security. Being further
questioned, he said be would not abandon his fenetit under
the deed of assignment to Cheerer and Hainault, which,
however, he had not xecuted.— file Commissioner said he
must reject the proof, unleu the creditor would abandon his
intounder the usigument de cd. Mr. Walworth refused
to do so. This decision applied to the rest of the joint cre-
dibly., or at least to suet. of them as chose to rely on the see
*Manned referred to. The amount of deb's proved during
the day was 3,4961. be 9d., the largest 'wing that of Mr.
Iteetham, upholsterer and decorator, of Regent-street, who
proved for 1,68.51. The selection of trade assignee 'ell upon
Mr. John Cole, paperhanger, of Park erect, Dareebsetuare,
who accepted the trust. Mr. Cole, milicioer, applied to his
Honour to fix a private meeting for the exeminatien of Mr.
Lewis, M. Jullieree solicitor, and some other parties. Ile
said that he understood Mr. Lewis sot up a china of those
4,0001., which would have to be investigated by the assignees.
Ile had also given notice to the sheriff to return the proceeds
of the execution, which were about 8001 —TheCommissioner
I think we shall never have, the law in a good elate, until
creditors are disabled from seizing the goods of a trader for
their own exclusive benefit, until the property of a debtor is
distributed fairly instead of unhorly.—Mr. Cole: In this
cue, on the very day of the meeting of the creditors, Mr.
Lewis walks iu with his execution.—The Commissioner:
Oh, you need not say "in thia eau ;" it occurs in &truest
every case that ever heard of. Some chesen or favoured
creditor generally grasps at the nt, so of the pr merty, a .d
the rest get nothing ; and whether it is the deliner's own
solicitor, or his father, or his brother, or some particular
friend, the thing is sure to occur, one way or the other.—
After some further conversation, Thursday, the 20th nut.,
was app Anted for the private meeting.
I.II•KINZAK or TOM COCIFF.—COAROVI BY TKa "
AG &MAT TILE CoMMlaatUNEna.—flu LIUDOUI sail his atten
than had been drawn to an article in the limes of that
morning, complaining of the want of accommodation for re
porters its his court, and that of Mr. Commissioner Holroyd,
This court was net so large as some in the building; but he
was desirous to afford every poraible accommodation to the
press. Ile had never sought to exclude reporters from the
barristers' box, when it was not occupied ; on the contrary,
he was anxious to give them all the accommodation that
could be afforded, deeming it highly desirable that the public
should know the coulee taken by this court, and the princi-
ples laid down by the comeniuinners, especially in granting
certificates, in order that debtors might know what prOec
non they bad to expect from this court, in cases of good con-
duct, and what punishment awaited bad conduct. In the
same paper was a statement by a solicitor, that IS or 20
CUFF were sometimes crammed into the list of a
single rommiseinner on one day. Re had looked through
his lista for the last three months, and c odd not find a single
instance in which that had occurred. Oo a very few days
there had beta fourteen or fifteen bitting., but of those eight
or ten had been audits, attended only by the ee.licitor, and
perhaps not occupying more then two minutes each.
lie was therefore justifiel in denying the truth
of the imputation. He might take this day's bud.
neu as an illustration of the contrary. At the last
meeting in M. Jallien's case, believong it to be one
which would give rise to a good deal of discussion, and in
which a large number of creditors were concerned, he had
devoted this day to it alone. A third charge had ocen made
by Mr. Lawrence, solicitor. who (alludieg to a preproal of
di, London committee for amending the laws of bankruptcy
and insolvency that, in those eases where the party was
made bankrupt on his own petition, the commissioner
should have the power of appending a solicitor to act
under the fist until the assignees were chosen), declared
Chet nothing could more tend to degrade the profession to
which he (Mr. Lawrence) belonged, and expressed his regret
that Mr. Cosintemioner Vane should serpent that remain:len.
demon. The intention of the committee had been seriously
misunderstood. Since the alteration of the law in Ixl4,
giving the debtor power to originate proceeding% against
himself, and consequently to appoint his own solicitor, the
practical result had b. en that, in the great minority of cas. e,
the bankruptcy was originated by the trader, who had thus
the opportunity of selecting a legal agent to manage the
business on behalf of the whole body et creditors.
(heat inconvenience had arisen from this; and the proposal
of the London committee appeared a very reasonable one.
Ile could not understand how a ;elicitor should be degraded
by acting under the direction of the court until the assignees
were appointed. In some cues it might have happened
that many meetings were crowded into one day, owing to
the legislature having net a %met amount of busier..s on
those commiseioners who remained in town during the long
vacation, and thus afforded the public the convenience
which was afforded by no other court—that of sitting every
day in the year.—Mr. Sturgeon said ho believed this was.
the only court in the kingdom which got through its day's
business regularly on the day appointed.
was I

POLICE.-YE.STERDAV.
WORSHIP-STREET.—AssetteT.W ern bret et. ro non.
—Dennis McCarthy was charged with having assaulted and
used threatening language with a view tat retort money from
he
a gentleman named Neale. The prosecutor stated that
was parting through George-street, Spitaltields, in the after-
noon, when the prisoner advanced towards him with a large
paving-stone in his hand, and seizing him suddenly by the
collar, threatened tnat unless he instantly gave him a shil-
ling he would dash his brains out. Ile succeeded by a vio-
lent effort in xtricating him-elf from hit availant, and was
hurrying away, when the prisoner caught hold of the skirts
of his coat and renewed his demand with similar threats and
imprecations. lie was surrounded at the same time by two
or three of the fellow's companions, who encouraged him
with various gesticulations, and, feeling greatly alarmed.
he called loudly for the police, and attracted
the notice of a constable, who rescued him from further ill-
usage.—Police-constable Fowler said, that on reaching the
spot he found the prisoner grappling fiercely with the com-
plainant, and, on forcing them asunder, he was himself at-
tacked with such impetuosity, that he was compelled to
thrust him into the passage of a private house until the ar-
rival of a reinfarcement sufficient to overpowt r his resistant,*
and convey him to the statioe-house.--Mr. Hammitt ordered
the prisoner to pay a penalty of 51., or to be committed for
two months to the House of Correction, and he must further
find substantial sureties to be answerable for his good beha-
viour for the further term of six months.
CLERK ENWELL.—OUTItAOI3 ON POLICE.- -I'.
Mahoney was charged with having been concerned in an
outrage sm the police. On the morning of Tuesday, the 21 t
of March, at hall-past one o'clock, the prisoner and several
other ruffians were causing a dieturbance near the King's
's
Herd publichouse, Upper Holloway, when Police-consb
Prickett, who was am duty near the spot, requested them to
desist, anal go quietly to their hums. Re was instantly
knocked down and maltreated by tate whole of the party
until another e .Beeman came to hi-, &mistime*. He wee also
attacked by the mob who petted them with stones, &e., snd
took their staves from them, and used them about their
heads and bodies until they were left on the ground bleeding
and apparently lifeless. Their assailants proceeded along die
road, when some of the inhabitants why haul been alarmed
by the outrage, came to the assistance of the officers, and
took Prickett and Wilson, the other policeman, away fur
medical assistauce. A strong party of police soon arrived,
and took two of the ringleaders into °newly, when a cry of
" rotate" was raised. The officers were pursued, pelted
with stones, and otherwise ill-used, and their prieoners
were rescued from their custody. They were fumed to re-
treat to save their lives, but at length a reinforcement of the
police came to their assistance, and two of the party were
apprehended, but the prisoner escaped. Prickett and Wil-
son, who still exhibited marks el viotence, identified the pri-
soner. Evidence respecting the affray was taken at same
length.—Policeman Vigor proved the apprehension of the
prisoner, when he denied having been concerned in the out-
rage, but admitted that ho bad been making with the party
the night before till a late hour.-11r. Combs committed
him for trial.
MARLBOROUGE-STREET.—Cn•aetrer Irraitaur-
TION AT A PUBLIC Meitmao.—M. May was charged with
setae/gess to force himself Otto the liar.over-square Rooms,