The Express.
London, England, 1849-11-02 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 2, 1849.

the elnatostanee to ►is Meade, mid they acid out a writ et
habeas corps-, sad ke was ream dt. the Quesab Prison,
frrn shish pLe, he rtiticmed the mart. A question wee
tow rah d whether the h►beas was Wood co " behalf "
of the pctsoner, as, by the 95th mike of 1 & 9 Via, e. 110, if
soak wsa t►ssaes the insolveat mould net be heard is Loodoe,
but must remove himself back. The point was Griped by
the learned imensel ea both aided

Mr. CamWm, Law said there was mother question II
which had set teen esmildered whim the act was framed
aholietting the ebonite and transferring the business to the
county courts, and that war, that there was no power to
order the ease to be beard as It it had net bees removed.
The point bad not °scarred to thole who made the alters.
tics, sad which always the cam when persons 'meddled with
acts they did not understand. He was of opinion that the
habeas wee seed at as behalf of the insolvent, and he re-
gretted that he could met hear the cam mending to his
imt Mao: ; but the Waive:it unit remove blanch
back, and de notes in the county Goan ; he might
hWa im y.
The case was accordingly adjourned.

MIDDLESEX SESSIONS.—YErretaDAY.
Biros. 111. SISJIWIT ADAM, armerorr runes.
Arriaza.
Yesterday the court held a special sitting at Clarkeewell,
for the purpose of disposiag of parochial appeals, and appeals
against convictions by magistrates. There were 69 cams
entered for hearing.
SAINT Gunn IN-TAI-FIELDS O. ST. CLINIMIT DAWN.
This wee an appeal aghast an order of removal adjudi
eating the settlement of a certain pauper, whose acme was
not mentioned, to be in the appellant parish.
Mr. Bodkia appeared for St. Odes, and Mr. Pashley for
St. Clement Danes.
A statement of heti was agreed upon between the parties,
in order that the question involved might be discussed before
the court, with a view of its being ultimately carried into the
Court of Qeeen's Bench is the shape of • special case, in
order that that tribunal might give a decision upon a point
which Mr. Bodkin described as one surrounded with con.
siderable importance with reference to questions of mule-
ment and removability, and one which he believed had
never been raised. Tile father and mother of the pauper
in questing, who was a young man of 21, resided in the parish
of Sc. Odes for a period of 15 years, occupyieg two
tenements at M. a year, and of course that resident* and
that tenancy acquired ir them a right of settlement in that
parish • but they subsequently went to reside in the palish
of Bt. Clement Danes, in which, by an uninterrupted resi-
dence of five years, they acquired a right of settlement inde-
pendent of that they had posesased In St. Ogee. They re.
moved the whole of their children with them to St. Clement
Danes, and such of their children as lived with them for five
clear years also acquired a settlement there ; but the pan
per whom coo wee now in dispute remained with them bat
a very short time. He went to sea, lived lame time at
Gibraltar, then returned to England ; and then he wandered
about to a great number of place, seeking employment ;
but being unsuccessful, he returned to London. In the
meantime, however, his parents and their children had
become chargeable to the parish, and they were all taken into
the workhouse, where the present pauper found them
on his return to the metropolis. He had no home to go to,
he had no means, and so he threw himself upon the parish
of Saint Clement Danes, believing that he bad the same right
of settlement as his brothers and sisters and his parents.
He was received into the workhouse, where shortly after-
wards he completed his tweaty-first year, and thereupon the
overseers procured an order from two justices for his removal
to St. Giles' on the ground that though his parents and the
rest of their family were properly settled in Saint Clement
Danes, the settlement of the pauper in question wee in Saint
Giles—that was the order now appealed against.
Mr. Bodkia contended that the pauper was irremovable
from Saint Clement Danes. The law bearing upon the
question was, he apprehended, as clear as law could be, for
it was distinctly laid down that where a father was not re-
movable, his wife and children were not removable, and
although the pauper had left the parental roof for some time
during the residence in St. Clement Danes, he had when he I
returned, being at that time under 21 years of age, again in.
ted himself with the family. He again became a part
rfir family, as it were, and, therefore, as far as the ques-
tion of settlement went, it was, boot fide, as if he had never
left his parents at all, and he must be taken to have ac-
quired a right of settlement in common with his parents and
their family in rivet% of .the five yea' residence In St.
Clement Danes. True it was that originally the pauper had
• legal settlement with his parents in St. Giles, but that
settlement was obviated entirely by the removal to the perish
of St. Clem' nt Danes.
Mr. Paehley urged that the legal settlement of the pauper
was in St. Giles, and that he acquired it by residing with
his parents in that pariah for more than five years before the
removal to St. Clement Danes. The parents acquired their
settlement in the latter parish by residing in it more than five
years before they became chargeable; but as the present pau-
per made no such residence, he had not that settlements and,
of course, he had to fall back upon his settlement in St.
Gam.

A great deal of discussion took place, and a number of
clauses is various acts of parliament were cited on either
side. Ultimately
The learned Judge and the question was ace of some im-
portance, sad it was desirable that it should be decided in
the Queen's Bench; to enable the parties to procure that de-
cision, the court would confirm the order and grant a cue.
Order confirmed.
Mr. Prendergast and Mr. Howarth appeared on behalf of
the parish of St. Pancras in a number of cases in which
that parish was concerned, and applied to the court to allow
them to stand over, under thou aircurestacces. The offlvier
of St. Pancras who had the conducting of these appeals had
understood that the sitting of the court for hearing these
mars would tike place on the 2nd November, and they had
subpomed their witnesses to attend on that day, and It was
not until that morning that they had become aware of that
day (yesterday) being appointed. This mistake, however,
was attributable to an inaccuracy in the session-list, published
by Mr. Drew, of the clerk of the peace's office, it being
stated therein that the court would sit on the 2nd of No-
vember.
Some inquiries were then made, and the learned Judge
said be could not accede to the application, for it was owing
to the neglect of the St. Pancras officers in observing what
was stated in • non-official list, instead of procuring the
official list, signed by the Clerk of the Peace, and issued by
the court. They had no excuse, for a week ago they had
notice that the court would sit on the Ist. The perishes
opposed to St. Pancras had brought their witnesses to the
court, and he could not allow them to be so unjustly
treated uto wait whilst St. Pancras procured theirs. The
cases must be called on in turn. The court was not bound
by what Mr. Drew chose to put into his almanac.
Mr. Prendergast said that the almanac was purchased in
the Clerk of the Peace aloe, it was printed by the printer to
the court, the name of the Clerk of the Peace was appended
to the list of sittings, and altogether It was issued in the cha-
racter of the official document. He trusted that the court
would permit the cases to stand over.
The Learned Judge said he wild not. Allowing them to
have been misled, the officers of St. Pancras should have
attended to the notice that had been sent to them, and also
to the notion served spas them by the opposing parishes,
and they would have known from them when the court gat.
The cause of the inaccuracies in the list was this: In the
official list the day originally named was the 26d of Nov.,
but when in proof it was altered to the Ist. The printer,
however, had worked off a number of impregnates before
the correction was made, and by some means Mr. Drew had
copied one of the erroneous lists Into his almanac. However
the St. Pancras people had had full notice as to the right
day, and they must take the consequences of their neglect.
The cases were called on in turn, and in sack the decision
of the court,was given against St. Pancras.
In the course of the day, when a series of technical ob-
jections had been taken in • case, the learned judge said
he believed that the operation of the recent statute, respect-
ing the mode ofdeciding these appeals, would be mere
beneficial, as it would enable them to decide upon substan-
tial merits, and entirely do away with those frivolous,
ridiculous, and absurd teehnieslities, which heretofore had
been fatal in tLis description of asses. The wart would do
its utmost to carry into effect the object of the legislature
:g eing that statute, and endeavour to get at the real
a deem appeal brought before it.
(The etiesevations were understood to be made in refer-
ee= 111 Mr. Dirt Act for amending the procedure in courts
of general sad curter seldom, &e.

The ex I.ll2trepelitsa policeman gratefully acknowledge/4
the interest taken in his ems by the alderman, and handed
in his medal and the iodated ammo, of the proceedings at
the last anniversary of the institw ion of the Boys( Society
for the Protection of Life from Fare.
Alderman Carden read the inscriptioi upon the medal,
which was es foll.we _ _

Presented at the anniversary aseetioar of the Royal
Socioty for the Protection of Life from Piro. Nay 14, 1649.
Sir Janus Doke in the chair, to William Trafford, foe his
heroic and praiseworthy conduct at a Ike at No. 61, College-
plow, Centdewtows, lane 9, 1848, where, by his own un-
aided and itztraordinary exertions, the lives of seven persons
wane saved.'.

Wiltepitiated report of the proem:dings, the fact of Traf-
ford's receiving the two persona who dropped from the garret
windows was stated; sad Mr. Fraser, the churchwarden of
St. Pancras, added his testimony in the following certificate,
which the slikeneaa likewise read :

" On Jens the 9th, 1848. William Trafford, constable in
8 division of police, emended in saving the line of several
individuals, but in his praiaeworthy exertions be received
injuries which compelled hta to resign his situation In the
police. He has sines recovered his health and is now in
want of a situation. It wiU, therefore, be an set of justice
in any gentleman or puti3e emnpusy having the power to
mane for him a situation at their disposal. "
recliner PocxErs.—Several pickpockets were committed
to Bridewell and the House of Correction for having been
very industrious in their calling on the day of the opening of
the Coal Exchange.
Ro 88888 A? TIN OPINING OP THE COAL EXCHANOIL
—William Herbert, a carpenter, who had been employed at
the Coal Exchange, was charged with having stolen some
napkins and broken victuals the property of Messrs. S:arles,
of the Albion Tavern, who sup:lied the entertainment at
the building on Tuesday int.
Trew, the city officer, observed the prisoner leave the Coal
Exchange on Wednesday under circumstances which caused
enspicion, and found under his clothes a bundle containing a
variety of things which were no doubt taken Irons the ta-
bles. The excuse that the person in posse.nion of such pro-
perty was in the employment of one of the City tradesmen
did not satisfy the experienced officer, who thereupon took
him into custody and gave information in the oscemary
quartet.
Mr. Thomas Staples, one of the partners in the house,
ideutiii-d the napkins, and the prisoner was sentenced :o
ireprinument for one month in IL idewell.
The Lord Mayor requested that the press would acknow-
ledge the receipt of 21. 101. for distribution in charity at the
discretion of the presiding magistrates, and two donations,
amounting to 6s. in postage stamps, for the same benevolent
purpose from " One who 12!, b celled a hoe."