The Express.
London, England, 1851-01-16 00:00:00

THE EXPRESS, THURSDAY EVENING, JANUARY 16, 1851.

lie. awake Erle—Where a statute ditties that an elec.
ties shell come on at a certain place and time, and certain
preliminary matters are necessary to be done by the person
conducting the election. which he does not do, will any
person going and tendering a vote make it an election
Take the case of a county election. Suppose at the ordi-
nary county court, at w-ach the election ought to come on,
the sherd' lay " will not hold the election," ceu:d any
voter, by tendering a vote for A. 8., render A. B. duly
elected
Mr. Hall—Here the election is not by the mayor, but by
the town council.
Mr. Justice Erle—That I take to mean by the mejotity of
them.
Mr. Hall—l can't pretend to say that the majority in•
tended to elect, but there was no resolution by a intim?,
that they did not, end if a majority &meat from an eletea4,
but vote for nobody else, the election by a minority is pool.
" B. T. Foxcroit " (2 8arr.41,017) ; " °oho v. " (10
Q. 8., 337).
Mr. Crompton and Mr. Milward, in support of the rule,
contended that this mu the meet case provid'Al for by the
statute 7 Wm. IV. and 1 Vie., c. 78, s. 26, tit endiog the pro-
visions of the 11 deo. 1., c. 4, for here no e:tection had been
made upon the 'Anointed day, " the mei/4ton to elect haring
been caused by the default of the officer who ought to prelims
or by some accident or other means." There is no power to
go on and complete the election, and the only remedy
is under this statute. It the mayor, who is really
the person holding the election, does not do ad
that is required of him, there must be a new election.
Here the mayor never read out any of the voting papers in
the manner required by the act ; he merely read one to see
what it was •' the act means that after all the voting papers
are come in be shall read them out, and that cannot be done
after the charter day. No election " means so valid elec-
tion, and an election de facto will not suffice. (See the
cases collected in " RewlinsaJn on Corporation'," p. 337.)
Mr. Justice Erle—l feel no doubt that the mandamus
ought to go, but I should prefer looking through the ststutes
and cases referred to.

COURT OF COMMON PLEAS.—YastERDAT.
Sermon re Sumo. ftuciaa Loin Cater Renee Jeans, lib.
Juerica Maws, Ma. Jcirrica Caniewau., Alin Ma. Pence
Witumes.
Da Gancite e. Bitteina.—A lICSBAND NOT LIaNLI
/On Ills Wines DINTS WHIN HI YALU lila AN AL.
LOWANCI, AND IS LtVtSO IMPAZATI TROY 511.
la this caw Mr. Serjaant Charmed moved for a rule call-
ing on the defendant to show cause why the verdict should
not be entered for the stun of 921. 61. 7d., or auk sum as the
court might direct.
This ea+ an action brought et the sittings after last
Michaelmas term at Guildhall, by the plaintiff, a linen-
draper in Jersey, for goods sold and delivered to the de-
fendant's wife between the 19th of Jo...nary, 1647, and the
10th of December, 1848. During that time the defendant's
wife lived in Jersey, and the defendant himself in
London; and for the defence it was alleged that they
were living separate front each other, and that the de-
fendant made her a sufficient allowanne, and was not
liable let any debt which his wife might contract. From
the evidence brought forward on the trial, it appeared
that the defendant's wife was entitled by her marriage
settlement to an annual income seising from Bank Stock
and Consols to the amount of 62.51. which was paid
quarterly into the hands of the defendant, and by him
ptincually transmitted to his wife, though he himself wf.s
at that time living under the preuure of urgent necessities.
Extracts from various Maters from the defendant to his wife
were read on the trial, but the learned judge expressed
a wish that the whole letters should be brought before
the court, with a view to ascertain whether they con-
tained any distinct recognition of agency. For this
purpose we I d judge left it to the jury to find
whether the parties were "Ming separate at the tine,
and whether the defendant's wife had a sufficient main-
tenance during the period. Both these questions were de-
cided in the affirmative by the jury. The learned serjeant
anw read all the letters which were from the defendant to
his wife, t. Sing bar of his difficulties, and inviting her W
return to London that they might live together and unite
their incomes, with a view to more stringent economy.
From these the learned serjeant contended that, though the
panics were Weio away from each other, the wife was still
part of the defendant's family, and he was liable for all the
debts which she might contract.
Lord Chief Justice Jervis said that though the defendant

by his letters invited his wite to return to bun, there wee
nothing to show that she agreed to this, ner was there to the
letters any distinct recognition of her agency to contract
debts for him. He therefore thought there should be no
rule.—Rule

THE P(iLICE COURTS.

GUILDHALL.
Rave TOUR rjOALS WelOtteD.-0a the Ist of the pre-
sent
month, • case appeared under this heading, in which.
Mr. Cuthbo'. t had obtained • summons against a :ordain:a
Caption POl, for delivering 4 tons of coal, all greatly deb-
dent in weight. No Captain Ray could be found at the
faaver:ieed address, and the case went off. One of the per-
! tint.. boy of 17, who had delivered the coals, had sines beta
die covered, and was now brought up by Roe, the summoning
Slier, and placed before the magistrate.
The lad having been strictly cautioned by the alderman,
gave the nose of John Willie, and stated that he lived at
3, Denmark-street, Crown-street, Soho. In December lest
he went with the four tons of cools to Mr. Cuthbert's. but
did not know where they came from. He was met in the
street, and engaged by a man named Smith. There
were three other men, whose names be did not know.
He himself was in the employ of a Mr. Coombe., of Scotland
Yard. Mr. Cuthbert'• coals were taken from that wharf,
but the wagon and horses were not the property of that
perms. The wharf was known as Douglas Taylor's. Mr.
Coombe. carts coals thence. Witnca was general superin-
tendent of the wharf, and gave out the tickets: gave those
accompanying Mr. Cuthbert's noels to the man named Smith
by direction of Coombe.. No one had access to those books
bat Mr. Coombes and witness. He opened the letter con-
taiaing Mr. Cuthbert's order directed to Capt. Ray : took it
from the desk in the office. He never was in Roberystreet,
llorton (the pretended address of the captain), nor knew a
Captain Ray. The name on the waggon was Smith, Gros-
venor Basin. That was the name of the man who asked
Mr. Cuthbert for the money. Witness kitt w him, and had
met him every day for the last three months. Mr. Coombe.
lived at 20, Craven-street, Strand, and had a bit of an office
there.
A summons was tented for the attendance of Mr. Coombe*
to answer the charge originally preferred against Captain
Ray.
WORSHIP-STREET.

A SCOVIDIIEL.—IYiItiams Bayliss, a well-dressed fellow,
of dissipated appearance, wu charged with the folbwing
dastardly attack upon a young woman named Maria Taylor.:
The complainant, whose face was perfectly black with con-
(Winne, stated that she had formerly lived under the protn
Lion of the prisoner, but in consequence of repeated acts of
ill-usage, w..ich were ultimately followed en his part by a
demand that she should po into the streets to support him in
idleness by her prostitution, she determined to leave him,
and went to reside with a relative in Weitfield.street, Fins-
bury. She endeevoneed to keep her place of refuge secret
from him, hut be ancoseded in discovering it, and on finding
the• elle repelled all his overtures for a r,cone,ilition on th.•
disgraceful terms he had before proposed to her, he became
outrageously violent in the tront of the house, and expressed
his determination to cut her throat the first opportunity that
presented itself. She contrived for some time to keep out of
his w.y, but. on Friday evening, while passing with a female
friend through Lenard•street,Shoretlitch, she was overtaken
by the prisoner, who again importuned her to live with him,
and on her repeating her refusal tore her bonnet and shawl
from her person, struck her to the ground, and while she
wu 11ing partially stunned upon the pavement, dealt her
sun &terrible blow between the Eyes that she endured the
greatest 'pony, and afterwards found that the bridge of her
noes was broken.
The complainant subsEquently applied for a summons
against the prisoner, but beture it could be executed he again
went b. her house and threatened to take her life, and the
magistrate therefore issued a warrant for his apprehension,
which the prisoner evaded until the preceding sight, when
he was at length captured by Holland, the warrant.utlicer.
A respectable•lotkieg woman named Ellen Turner, who
was in the company of tlx complainant at the time of the
outrage, was also examined, and described the prieoner's
conduct as ferocious and brutal in the extreme,
. .

In answer to the charge the prisoner pleaded intoxication
u an excuse fur his conduct, hut
Mr. Arnold sentenced him to pay the full penalty of 51 ,
or in default to stead committed to the House of Correction
for two month..
The penalty was not paid, and the prisoner was ' d
away in the ♦an.
Bagisvomace.—The magistrate acknowledged his receipt
of a sovi reign from " IL W.," for the relief of a young girl
named Emma Bennett, whew infamous treatment iu a low
lodding-hone was lately reported.
CLERK EN WELL.