The Express.
London, England, 1847-04-13 00:00:00

WESTMINSTER COUNTY COURT.

Before D. C. Moylan, F.
LANOLZY V. PARIL—POWIR OP EJICTMINT.—IMPOR-
TANI' JUDI:MEWL—In the Case, which wan noticed in this
paper of the 31at, ultimo, an application was made from
the landlord of certain premises in the occupation of the
defendant, for a warrant under the 122nd section of 9 and 10
Viet., cap. 95, to enforce posesion of a certain tenement
which the tenant refused to surrender. The case en the
part of the plaintiff was very clearly proved, but the de-
fendant refusing to give up possession, • warrant was
lusted to compel him. Mr. Wordsworth, the barrister, sub-
sequently appeared on behalf of the defendant Parr, who,
under the 126th section of the act, prepuce to become bound
with two sufficient sureties, to prosecute an action of tres-
pus against the plaintiff, so as to raise the question of title,
and be requires that, in the meantime, the execution of the
warrant, now in the hands of the high bailiff, may be
stayed. After • lengthened argument between the learned
gentleman and the judge, Mr. Moylan, in giving an elaborate
ud eat, said that there wait no ground for disputing the
ord's title ; but u the court had no jurisdiction to try
that question, he did not feel himself at liberty to inquire
even so far u to satisfy himself that the proposition wt' not
merely for the purpose of delay. It might be more eatisfac-
tory to the court if some grounds were 'hewn for disputing
the landlord's title; but still, after giving the case his best
consideration, he had arrived at the conclusion to grant the
present application. It appeared to him that the tenant had
• right to demand a stay of execution on complying with the
requirements of the 126th section. As soon as he has so done,
and the necessary steps are taken to ensure the speedy trial
of the action of trespass, the high bailiff shall be directed to
stay the execution of the warrant until judgment shall have
been given is inch action of trespass. The present order of
the court will be to suspend the warrant until Tuesday next
(this day), in order to allow time for preparing the bond and
approving of the sureties. The act requires that the warrant
—which in this case was issued on the 3rd of April--shall be
executed net less than seven, or more than ten, clear days
from the day of the date end unless the requirement' of the
126th section are complied with in due time, the warrant
will be, as a matter of course, executed on Wednesday next.
the 14th instant.

CENTRAL CRIMINAL COURT.
On °ours—Before the Recorder.
A ROBBIZ'S CzAtAcrea —James Regan and Patrick
Mare, who were convicted last week of a daring street rob-
bery nd seatemed to ten years' traneportation, were placed
to the bar. At the time of the trial it was stated by the
officers that the peasser Regan was • very bad character,
and the mulenitiemdele of thieves, and that he had been
before convicted el robbery, and was sentenced to a year's
imprisonment The prisoner was loud in his protestations
of denial of this statement, and asserted that he had never
been convicted, and the court eventually directed that fur-
ther inquiry should be made, and the prisoners were this
morning brought up to hear the result. In addition to the
positive statement of several police constables as to the fact of
the former conviction of the prisoner Regan, the gaol books
wen prodnoed to prove that a man answering his desaiption
was convicted in 1843 at this court, and, sentenced to
twelve months' imprisonment in the name of Thomas
O'Neill. Re 's brother was celled by him as •
witness, and he swore positively that the prisoner never
had been convicted or suffered impprr but, on being
=ettri reorder, he at that in 1843, at the
((aviation, the planar lived at the very
um plea so which wastima se Om address of the
mom who wee eamieted. The Rosankr, after making
evemni bquidsmaiti that saitwithatrake the pinny* oath
dam paboosooloodior Wes be woo aalhtLd that
So *mat osodolios hail tem lionfore,
*odd nib aibm the to lot Any *ate ttppllrYla mast
thisellas, le made to dr Ilkoolbay et Oats.
The till of Nieboioo Karp, Alfred Willbeans, and
=.dirstander, , Wee polosood until nem
—The court then stimed M ybacbm,, May 10.
—num nr.. osmtee.o NO" sad Alderoll2

far C. Martha&

Dautexamszel AND Ti.t;;;;ity.— William White, 24, a
carpenter, wee indicted for stealing several articles, tools
and moneys, the property of J. Brown. The prolocutor it
amend wee aed by the prisoner in the street, and
ha as slight acquaintance with him, they repaired le
a where they drank together. The gehomer
mai hha to ;lit several War pieces of a like de. ~,
nod mod Idea to drink so elles, that the peamosier sma
bosom freemelldy istsaisaled. The poimer took Ware-
atbis bejelem deaditlse. sad gained Na ells maw
sma task. /111 was, however, mgmerert, sad =say of the
saw dessription as lost by proesease we Mad lima hint.
The lay deekwed the pnermer Opftlit. TM lomat jade
meserkal fist Me wee a crime wad* molet to be pilaw'
with moodly. flestence, 7 rase kamparlidia.
lheamarsonar.—Micheri amebas was billeted for
st:Zism.lllll7l sums of maw ,l to 211, the
c at his employer', Kam Mama sad Co.
The
was town traveller to
dm flisel
the polimism. end
dellelsonies to the extent of IMO& being dhatirered
In the aseeemay be was ailed ems. es aeons*
tas=beams was an* whoa there appeased a
idiot lb* tekaase snit be was ssey he