The Express.
London, England, 1848-11-13 00:00:00

lea" deemed, etsuglat. 00.10 T the previsions of Lord
set, nu
rte • Yes daas scathe the defendant for
Lais4tty whereby Jane II ones met her death. The &eh-
Mien In substance alleged that the damask by twee of
hot panssulag a house and appurtenaness which
abated
tspM mad near to •eertain public feethey. tees benaltellethe
is the era go as to prevent say airy to Pomo 16442 I
N
along theligh-rool. ardent health neeleedalle
'ahem theses, lawful' y ;owns, dipped end GU We
ihe era
wed was killed. trial it dam the deeemei
bad Wee Is At the
Wirt • relation at th:PCZaWeseers Reftway.i
and flat ea with her friend. in pawing Violent
troveeteerear,she a into the area tri hat a a oewly-beilt
Uwe afar defendant, and died shortly after Is amsequesee
of the injury she sustained. The jury head thin was ao
negligee's a hes parr, had that she was walking along a
peals hineath. A rule foe • sew Wel wee then cashed ea
the greeted that:then was so name, that this was a public
hapath; sad womaily. that the defendthe Mew!' by
law m throe is hie area or anion:able fee an t war-
sag la the manner deecribed.—Mr. Montage Chamblee,
Q.C. (with whose was Mr. Hugh Hill). sew chewed eau*
At the •nelaston of their argument, and aeon harlot the
Misr skis, the court rout
COURT OF 133.0,11•1L—SaTCROAT.
moan Ii aro.
In FASTS Ties Rev. JOatell Bsattsrr, Camas..—Tats
COURT WM. ROT isircarlal IT Pitolitiltraoll, us 0111Z4
Wint TIM ORDER OT • Bono,. WRO
aWOlaTaaa
• BRIIIMICI TOR Ti! NOR•ItIelonwell OT Tile HERR-
TiCaD Calat.—A :ow days age Mr. Bramwell moved for
a nth Wing a the Bishop of Hereford aid the patron of
the parted atrecy of Inagua, in the inn's of Hereford,
to show ease why a prohibition elsoutd not issue to restrain
Use bishop foss giving notice to the patron, and to prohibit'
the near from acting a seat notice by wonting to the
beano" as void ender the provisions of the 58th section of
the 1& 2 ie. e. 106. It appeared from the affidavit of
the Rev. Dlr. Bartlett, who was incumbent of the curacy ci
leafless, that be had been confined quo Michaelmas term.
160, la She Oratorio Bench anon, under the sentence of
**Cart of Queen's Bench. upon an indictment for libel.
Is penance of sec & of 1 t 2 Vie. s. 106 (an Act to make
hatter provision for the reelthemas of Ow clergy
the Bishop of Hereford had issued a ineeition to the Rev. I
Mr. Bartlett reciuizing bias to proem! to and real&
on kb benefice, and p. norm the dans thereof. To that
acuities the Rev. Mr. Bartlett made a return that he soil
set reside, for the want of a residence Ileum, and, for • SW
titer reams, that he wrs incarcerated under the Waimea if
the Coen of QUM'S Bench. Upon that retina the Mb.
declared the reasons aniened were ansaththetery end
ealleient. As ceder was them Issued by the bishop regsirkag
Mr. Bartlett to proceed to, aid reside cm his benefice within
thirty days after service, and atifying that upon sonorous-
platen with that order, the profits atlas beanies should be
sequseherai. The order was not complied with, but Mr.
Bartlett sppealed from it to the Archbishop of Caaterbury,
who &hawed the appeal. The eequestration having eon-
tamed for • year, the time required by the act, the bishop,
acting seder the provisions of the statute already neesti,
was &boat to give notice to the patios, to t r the
beside., on the ground that it was d, when the
freest application became necessary to restrain hint. The
=Pita grounds relied upon were that gather of the
had iurisdinion.—Sir F. Pollock, C.B. Giving
Judgment cn Saturday I, said the court were unanimously
of *anion that the appliesat wee bound to reside. He bad
use for non-residence or any legal cause of 'amp-
nom They were also o' opiuion that the inability to re-
side La consequence of being Murrains', for • tame, was
no
legal cause of exemption, within the menials
.of the
statute. The bishop of the diocese bad a right to iSni• a
monition and order the spiritual person to reside within 30
days. And, as that order had not been complied with, the
sequestration was perfectly right too. By the 68th action,
if the besides continued a whole year ouster sequestration
(as it has in this case) it Noon void, and the I ishop had
a perfect right. under the circumstance', to render it so.
The coat would not, therefore, jointer* by issuing a pro.
hibitioe, red the rule must' *ref sad.—No rule accordingly.
EaDDSRIS r. Hann —BlLLDiatmoxtroo —This was an
action by indenter splint the acceptor ci • bill of each:sae,
at three menthe, for 2001. At the trial before Bir F. Pollock,
C. 8., at the daises after list Trinity term, It appeared that
the defendeat, who was an sea Wesleyan minister, residing
at Pillgweally, in South Wales, was desirous of hning some
ilaprovemeate made in the chapel in which he officiated.
Rather his 's!' or his coogregatna were in a position to un-
dertake the outlay. And so matters remained until January,
1847, when his attention was attracted by an advertisement
width appeared in the ll'ate/onan newspaper, describing the
advertiser as a member of tho " Weeloyas canoe tion," who
had 7,0001. for investment, and was willing to make ad.
vans where they might " he required foe the are of chg.
pets," or to accommodate " deserving clergymen " or others
an want of money. The defendant wrote, in answer to the
advertisement, to one " James Lomas," at 33,
Mount street, Lambeth, applying for the loth of
2001. The appliation was mast courteously coaplied with,
" Loan," stating in his Inserts that he kit happy it was in
his power to accommodate the defendant, " Dilre paths.
holy as, by doing so. he was rendering &service to one of
Christ** ministers." In that letter, the firm of a bill of
• to be accepted by the defendant, an 1 an agreement
to mew, from tine time, foe five year., were inclosed.
The defendant accepted the bill and inclosed it to " Lomas "
na the 21st of January.—On the 26th of the same month,
"Loma " again wrote to the defendant, spologisiog for not
bag* written by return of post—encl,:sing another bill for
afieeptaacs (as he said the former one was irregularly en-
deseed) and promising faithfully to remit the Money is N-
edra. The slslsdant excepted this bill Inewist, got his two
ewes be rims it se requested, end mural it to " Lenses,"
who shortly afterwards wrote another letter, amass him-
self for father delay. The defendant got no money what-
ever for either of hit sen-ptienere, and heard no more of
them until the 10th of April, when he received &letter dated
"p, Fantonosquan. Haymarket," from ens fsrll, apprising
him that one of them would became de* on the 231 of April,
end requesting that it would be met. It appeared "lames
Loma" was a &titian personage, and that the addreeigivea
at Lambeth was a peamtlice, at which no anon, named
" Limas," had an lived. It appeared that afire the bill
ems discounted the plaiatiff had notice of tke fraud eats-
Wished as a &knee, and, ander those circenutances, the
jury returned • verdict for the defendant.
Kr. lisuatrey, Q.C., mined on Saturday, on affidavits, for
• Meanie, as the defeselaat to show cause why that Ter-
sot mt aside and anew trial had. He admitted
it easel appeared that the acceptances had been originally
from the defendant by fraud, bat the ease he had
tesedthit to Heenan wee, that the phintiff Gadder*? was
no party to it; on the astray, that he was the victim of
" Lomas." At.the trial it was proved bye.. nd all doubt that
Ofedderer had advanced 1671. 10s. in ask upon discounting
fhebill, retaining 321.105. as discount.
Kr. Hama Parke; We held y,stcrday that the fact of
en natemal rate of interest was evidence to go to the
jaty tl&t the damenta suspected the bill was fraudulently
Waked.
Mr. liamfa r I mast adit that 321. 10r. was a very
large discount to charge for a m 2001. bill at three months.
The Lord Chief Barn : Toe may show, Mr. Humfmey,
that the state of the money market at that period rendered
it inexpedient for Mr. Gagster to advance his money unless
he obtained a high rate of interest for it.
Mr. Hominy admitted that his client discounted at a high
rate of interest, no matter what was the state of the money
market. Bat in the present case the verdict had proctedeu
altogether on prejudice. It was attempted to be shown that
Gadderer had not the means of advaretng 167!. Whilst the
faet was, that he was married to a lady pawned, is her
own tight, of 1,2501. a year. It was quite tree he had been
more than once bankrupt sad insolvent, but there mid be
so doubt he had paid 1671. 10e. upon the bill in question;
Mr. Baron Al —That is, there was no doubt the
money had passed from Oadderer to a anon named
" Shins," but 1 greatly doubt-1 may my I altogether dis-
believe—that any money bad really been advanced.
Mr. Hutafrey then peoceeded to Oren the affidavit", which
were meant to disprove way of the imputations made upon
the plaintiff at the trial, and to show that he was not can-
tinted with the gang who bad originally obtained the de-
fendant's acccptances.
The Lord Chief Baron said be was perfectly satisfied that
ample justice had been done to ail the merits at that case at
the trial, and he thought it very extraordinary that an ap-
plication should be made which could only have the effect of
giving notoriety to the infamy which had already surrounded
the transaction.
Mr. Baron Aldersca : The only surprin.l teal is that the
learned counsel could keep his consternate In making such a
nation. There were so grounds wha for a rule.—The
rub was accordingly relheed.
TIM ASTOR:4 ZI-01/3111/LAL V. SitiLLIBEIR.—POST-itonse
DtiTlEs.—Mr. Lush mead in this ewe to arrest the judg,
ant. or for a sew trial, on the ground of misdirection. It
was an information of the incise to recover penalties from
Mr. Shiilibeer ander 2 & 3 Wee. IT., e. 120 (the Poet-horse
Dinka' Act). A verdict for 2601. was returned fur the
grown. It appeared the defendant, who is an under-
take, bad incurred the penalties awarded against him
fee hiring oat horses and bearers. It was now submitted,
however, that two counts of the information were defective,
for not ahowing that in the weekly accounts returned, the
defendant had omitted to outer horses let by him on hire,
and that the other counts were tad for not stating that the
defendant had omitted to make entries of hiring., "with
intact to defraud the revenue," such intention being ex-
pressly required by the statute to constitute the offense
charged. The Lord Chief Baron, afore whom the case was
tried, told the jury that the defendant was liable for post-
horse duty In all cases in which he had acted as undertaker,
and supplied the coffin, shrouds, hat-bands, &c., as well as
when he let out his horses and hearses. This, it was sub
mined, was an enone nu opinion—the horses used by an
undertaker in the course of his business being no mare
Hebb) to poet duti s than the horses used by any other
nedessaan.—A rule to show ewe was granted upon both

paints.
Mu Pamela. Westonaster.—Dadne /dr. Baron Plan and a Ili/Mem
seeress
AMBIT JUITIIIN.—Tai 8112 RIFF FINN) FOR Nov
AITINDANOL—Iive of the Jurymen who were fined on
Tanga; last ter alma* whoa their names were called now
spossrod is assat sad, aldroadoer the learned baron, erped
ram= why they shonlA be easasod from the fine of fit. ta.
Missal la audit saes. Two ethane persons pleaded the woe-
asos of the sasssams In sears, hassatooh as they were only
semessol OR the days 'Map apeeifit din the notice paper
Masa of ledat mahrod to ahead every day. The sheriff
havisalbosa al to live sa arplanatioa of the matter, and
set In stamdeass, Mr. Herat Platt ordered Ida to he
'awl The two juryman were mooed on the above
hat the plass algal la du other eases wars not
oallallossery by ths start, sad their application for to-
solena of the Ism ar estssal.
Ilastazza e. MIR UAL or Doxioat..-11zawoltax zx
Try Ter Of A Plan an A/FiCTIXO
Donbas otdsd the site to the Joey, whisk was en amiss na
a bill of inrisar ter 147 L MAL, allied to have bees
asospasi by die dehadaY. who woe said as °seep Ilewail