The Express.
London, England, 1847-12-08 00:00:00

MovEnzarre.—AtVers Cruz, Nov. 1: Persian, Com. Coq-
ton.—At Bermuda, Nov. 21 Vitelletire, flag of Bir T. Augin.—
Vlzen sailed for Havana Nov. le ; Vesuvius f r Barbadees, Nov. 20.
—The Pantaloon and Viper were at Jamaica Nov.B, the former
stekly, her atdgeon and two others baring died.—The Coll
Carp Jrni, liodeste, And Sampson, at., at Valparaiso, Sept. W.—
Ondrpea at Callao, Oct. 11, on way to M.lrAtlan.—Modeate was to
mil In a kw dap for England, and Sampson to the northward--
014 mo was at Tahiti.—Juno poor to Narigntor's Wanda—Herald
and Pandora survering.-11py gone to the northeard.—Conatance at
San Blas Oct.s.
PORTSMOUTH, DEC. 6 —The Fr. fly, it., commis-
sioned this day, la to have a complement of slaty men, and will, it la
said, proceed to the Gast of Atrica.—Tae Nhademantbus see
ordered to cowry this morning the 76th regiment to the Bellerophon,
bat the weather being very hoary the troops could not enbark, and
the steamer remnius in readiness.— the Cormorant, et., is to be paid
off on the 11th inatank—lbc 11 yetis, at., that sailed hence a few days
since for Woelvrieb, le ordered to be pald off st that plaoe.—T
Emerald, tender, 85 tons, built In 1820, k ordered to be broken up at
this port, being completely worn out.
ADMIRALTY, LAC. 7.—Poostovlom.—J. J. Barnard to
be Lientenent.—arroornatorra.—nortsn. W. P. Carter, and Acting
nestetant surgeon: W. IL Ogilvie, to ,Incoratant. Naval Cadet . J.
Mto Hydra. Mader'. Assistants I). Speer, to Seagull; 8.
and P. C. WON to FAO Jowl'. Acting Canner. R. Thompson,
dra. J. Dose, to be foreman of Cooper's Deptford Victualling
Tart.
Pursers J. Goldsmith and J, Williamlon have been placed
an the retired UM.

MILITARY.

Low. MILITARY ACADZYT.—Forty gentlemen cadets,
all prang In Inv practical Warw. Walylag at the Royal Amend, see to
lo maga am to the:, avoiding on the 16th of this month, and on
mlos:ro.lll.t.agpteint Is mowdmions In the Royal Artillery and
and thity-onia pear gentlemen bare parsed their
Emoniadvin aid bun *mad qualified to be admitted ea
ageln. MI WEI Min at the Royal Military Academy in
i cm Ili ongsmior after the Chrimmaa vacation. The
azdsb... Imo in lige En is havw:-3. M. C. Drake, G. Y. Twirling
10. C. IL Harvey, C. N. Martin, O. J. diakeriey, W. Ong,
IL 2. F. O. lavenh;T. Clubley, P.. li. Newholt, W. 21,
ft....t. V J. HEM E. P. Gordon, J. T. Brown, T. W.
0. et livewied, W. . Moore, J. M. C. Vivatt, F. 11. J.
Ds/ il'. L Adams, H. Thornhill. C. C. Boycott, R. W. 0. Leonard,
T. 1., 9tll, F. 13. Maude, lard Y. G. L. Gower, T. J. Dehane, A. T. 11.
karma, P. Temple.
PORTSMOUTH, Dec. 7.—T4e 74111 Highlanders, from
Bedfast, replaos the 92nd in Dublin. The 3rd Bull will replace the
74th in Wiest The 44th has received the route from Newry for
(leek, and will be replaoed by the 2nd bona:lan let Foot, from Man.
sheerer. The 4124 Heart. are ordered from Limerick to Clare Castile.
The Nth, from Gibraltar, emceed& the ;th Fusiliers at Barbadoce,
and the latter corps embarks fur North Amnica The let battalion
lgth Foot isordeined bowie from the bisurltim. The 34th Foot, at
Corte, on being relieved by the 76th, will embark for Gibraltar. The
72nd HiOhaden will next year proceed from Gibraltar to Jamaica,
to replace the 39th Foot. The 97th Le under orders to move from Malta
to Jamaica.

tato inUlttgentt.

COURT OF QUEEN'S BENCH.
Sittings In Ranee.
di'BREN O. WoOD.—RIOHTS OP SHARIIIBO/
was an action for money had and received to the use of the
plaintiff, who bought to recover a sum which had been paid
by him to the defendant, who is a sharebroker, for the
_per.~
chum of certain scrip in the Limerick and Waterford Had-
way Company. After the purchase had been made by the
defendant, and before the delivery to him, the snip wee
called in, for the purpose of issuing shares instead ; and be-
tween the ceiling in and the Wine a call on the shares was
made. The plaintiff refused to pay the call, and the defend-
ant, who had purchased the scrip in his own name, was
compelled to pay, and therefore sold the shares. The result
was a lose of 22111. Between the purchase and the date of
calling in the scrip the defendant had given time to
the vendor of the scrip to deliver it. The plaintiff,
however, was apprised of all the circumstances. At the
trial it was urged that the giving time amounted to mis-
conduct, and that to the money paid for the scrip became
money had and received to the plaintiff's use, and a verdict
was taken for the plaintiff. Subsequently a rule nisi
for setting aside the verdict and entering a nonsuit was
granted; and, after argument tbereop, the court postponed
its judgment.—Lord Denman now said that there had not
been any misconduct on the part of the defendant. The loss
of the defendant was owing to circumstances over which the
defendant had no control. The contract was for scrip if not
called in, and for shares if the scrip was called in, if the
plaintiff paid the call. The plaintiff heti not paid the call,
and the defendant had been compelled to add money of his
own to that received from the plaintiff. The action was not
maintainable, and a nonsuit must therefore be entered.—
Hale absolute.
WEBSTER o. WATIII.—MUICONDUCT THAT OUGHT TO
BB SUPPER:OID AT ONCE IP Tirl PUBLIC P/LeCE L 6 TO BE
TaBiIERVED IS • BREACH OP TUB PEACE THAT JUST!.
PISS THE GIVING INTO CUSTODY THE PERION OUILTY OF
IT.—This was an action for trespass and false imprisonment,
to which several pleas were pleaded. The second justified
the assault as having been committed in defence of the de-
fendant's poseewion of a dwelling houae,byespellingtherefrom
the plaintiff, who, it alleged, was unlawfully therein, mak-
ing •great noise and disturbance, and would not go out when
requested. To this the plaintiff replied that the house in
9neetion was a public-house, that he wee at the time drink-
sag therein, and that the defendant of his own wrong turned
Lim out. This replication was demurred to. The imprison-
ment was justified by a plea which alleged that, after the ex-
pulion, and on the same day, the plaintiff made a great
noise in the Queen's highway opposite the defendant's house,
made use of loud, menacing. end disgusting language to the
defendant and his family, and by reason of this conduct
many persons congregated in the Queen's highway opposite
the said house in breach of the peace, and that be persisted
in so standing in breach of the peace, wherefore the defend.
ant gave him into the charge of a police constable, who took
him to a station-house, and that this was the imprisonment
complained of. This plea was demurred to. The questions
were :-1. Whether the plaintiff ought not to have traversed
by his replication to the second plea the allegation
that he had been making a noise and disturbance
which, it was admitted, are necemary to justify
expulsion from a public-hew ; and 2nd, whether the plea
justifying the 'malt sufficiently disclosed a breach of the
peace, for which the plaintiff might lawfully be given into
custody. Mr. Pearson appeared for the plaintiff, and Mr.
Jets for the defendant.—The Court was of opinion that as
the defendant would have been entitled at • trial to show
that the dwelling-house mentioned in his plea was a pubile-
home, the plaint,ff ought to have denied the noise end dis-
turbance, which only could justify expulsion from a publie-
haus. As to the plc.'s justifying the hopeicatuest, the
tuscies was, whether the cinmaatitegiem shied *mil
night not mount to a state el Weil whisk swiedeed bow
dieie suppreeeits_ ; if they alighl 1119_,A V 11011
eleseeht Ii a tree* of the peas PIP NOMMIIIIP