The Express.
London, England, 1865-11-13 00:00:00

AW INTELLIGENCE.
(TIIIS DAY.)

le.
CRT OF QUEEN'S BENCH.
oeo.—(Befere the Lord Chid Jortios and
ustioes Mellor, Shea, and Lash.)

v. TIES 11111:1101 LITZ AHESUBANCI COMPANT.
d said this wee en notion on a life paw, in
Life Mamma p
rang Com and moan% the
to the assured seth the amoral was
at any time tom, &filleted with gout, in
"or any other complaint," end the plea
was that the answer to that question wan
t he had symptoms of stomach dims&
ghee—ls it not, "or any other complaint
life r
d mid that was not so. Application wag
Justice et chambers for the detesdana to
'cuter, of the disease, end his lordship made
• ly. He submitted that the order should
oo the ground that it was almost impossible
'th it. If the defendants gam what they see-
the symptoms, as doctors differed they might be
upon oe the trial and told that they had on,
eto the dams& It was en attempt amiably
dente down in the &demo. The Plaintiff in
was a medical man, and no doubt whatever
o company gave he would hem ingenuity to
ey were not correct.
Chief Justice—flow is the plaintiff to meet
if he does not know what the defendants

and—The opus of proof is on us.
Chief Justice—That is true. Yon may be abbe
a prima facie cue, but the plaintiff might be
tit by calling scientitio evidence. It is ma f
have to make out a cam that the plaintiff
know what it is.
nd—We say that the assured had. at the thee
into the
toy.pol symptoms of stomach disease.
difficult my what they are.
Chief Justice—A stomach complaint surely is
deeoription—wifortimately we have too many of
eft Mellor—lt cannot be very difficult to comply
icier without giving too mach informatios. No
would be some inconvenience to the de.
giving the required information. I recently
where the symptoms were given, sod when the
for trial the opposite side said they had been
they were the symptoms of another complaint.
Chief Justice--I don't Me how it is possible
' tiff to go to trial with anything like ability to
without knowing what is the defence to be

mond—lt may be that the dieesee has got le
eughter.) The Regietrar•Goneral deemibee it as
of the stomach.*
Mee Shoe--The office ought not to have Ithweled
* without knowing distinctly what the symptom

rd Chief Justice--There can be no reel difficulty
the informatiou.
ettoe Mellor—You can sire the lo[otm►tiaa yen
bd. if neormary, the judge can amend the plea on

rd Chief Justice—An honest and reasonable ems
lb the order will do.
ion refused.
LM'AIITE utea.uu, O.IIYRNE.
with whom was Mr. filliehon, applied for a
rtiorari to bring up the conviction of Michael
in the Island of St. Helena, with a view of its
shed, and to reverse an order of forfeiture whereby
rty amounting to upwards of 6,000/. had
was alleged, illegally forfeited. The ap.
was tried and connoted at St. Helean, and
• to three years imprisonment for having ea
outhouse, with intent to defraud the Aliinnee
e Company. A great hardship bad beea indicted
pliant, and his object was to upset the connetica
o he bad served his three years' imprisonment with
,sir) and recover his property. Flatting fire to a
was made a statntable offence in England,
de with three years imprisonment with hard
od the acts applicable to England did not apply to
or colonies or foreign possessions, except they were
or where it was intended they should apply by
council or writ of ordinance. Search bad been
rid there was not the slightest tiara to be found
his act had been applied to St. Helena.
ed comma proceeded to urge that since
of Henry the Third this court had had
lion over the courts of 3t. Helena, and that
cue the interference of the Attorney-General wag
y. The statute under which the applicant was
had never been made applicable to Sr. Helens
• order in council or writ of ordinance, and ma.
y it was DO Mimics under that statute.
was an offence in St. Helena' it must be
the common law of England, or by Dya-
ds under the authority of the Secretary of
or India • the former had not been extended to the
and no bye-law had teen made. He contended that
boast wee therefore improperly proceeded t
rioted.
gthened dismission took place between the learned
and their lordships as to the materials upon which
used counsel mood, and as there appeared to be
sfects in them, the learned counsel songlit to excuse
stating that there was not a single attorney in the
and this poor ignorant man had no one to whom he
apply. is England.
Justice Mellor said that if he was a poor ignorant
appeared to know bow to set fire to this outflow*
rand the insurance company, and the learned couture
.tion appeared to be that the applicant ought to have
banged instead of being sentenced to three years ism

mint. he
Flood said that as be was driven to technicalities
'contend that he ought to have been hanged—
. teri—if the common law applied there ; but be Wad
this was no offence in St. Helena, as the 9th Gies
p. 22, which would bate winged him, and the
lA
, cap. 89, which made it pmishable by imprimise
bail not been extended to the island.
. Justice Mellor said sufficient evidence bad not bees
ht before the mart to show there was no local law in
elena applicable to th's offence.
. Justice Shee considered the fact should be brought
.e knowledge of the court in the usual way.
r. Flood said he was not bound to do so. This court
the comfit regm, and the crown was bound to know
y Mw to which it was a pity.
,e Lord Chief Justice said that might be so to
IT. but it woe absurd to expect it could be
'ed out practically. He wished to know if there Wall
authority for their inning a certiorari in such a can as
. The court, in the exercise of its diecretion, ()night to
are how it took upon itself to control the courts et
colonies.
he learned counsel then proceeded to cite certain e
wes
ases
ch he cootended bore upon his applicatioo, but he
ble to produce a direct case in point. The last writ
ally 'sailed that be bad found was in the second of
spud IV. He bad not looked for a later one.
he Lord Chief Justice said that if the learned coning
Id have found a modern case he felt sure he would have
ted it earlier io his argument.
. their lordships had to rise at 2 o'clock to attend in
Court of Exchequer, end assist io the appointment of
riffs for the ensuing year, the further arguments in the
bad to be adjourned.

COURT OF EXCHEQUER.
tinge in Banco.—(Before Lord (Thief Baron Pollock
and Barons Bramwell, Chunnell, and Pigott.)
ARMSTitONG V. BATE.
'This case was tried before sir. Justice If ontague Smith at
xlisle, and in which an application :lad been made for •
w trial on the ground of the tge
hen satirist the
idence, and also on the grounds of the improper roOmP
evidence and surprise,
The Lord Chief Baron now said the court WITS Of
°picks
at the ground of surprise was not austaM ed, but that
ern ought to be a rule on the other rounds.
Ruh: nisi.

CHAP MAN V. cormirdr..
Title action was brought by the pubii•• officer of the Vasa
ok Lf Londoo to recover 3001. upon two promissoll
tes. It was tried at Liverpool, before Mr. Justine
ontague Smith without a jury, when a verdict was enteral
r the plaintiife. The material defence was. that the beak
itbout the consent of the defendmit. who was surety fon
e debt, gave tithe to the priuc.l.dd debtor to iv the
_ . _

oney
The Lord Chief Baron now said that a role had been
plied for a new trial on the ground of •omething in the es'
re of miadireztion by the learoe I j Age. In reality where •
dge, with the enoseet of the parties, • upplied the place of •
ry, there could not be an applicatnm for new trisl wise.
. of Id the verdict being against ti.e evihsece, and it wee
ifficalt to say how they could get at any misdirection
clew it was quite obvious that the judge
id down a proposition contrary to some sound Pr'''.
iple of law. In this case they thought there Wei .0e)
iolation of any rule of law, and thatthe judge had arloOnn
course coneletently with justice. There would Wolf'
nen lly be no rule.
Rule refused.

COURT OF BANKItITPTCY.
(Before Mr. Commimionor Holroyd.)
IN RE HRNRY SCIIAI.II.IIN.
The bankrupt wee described as a professor of mega 01.
Cali :le-street, Kennington. Debts, 57,0/. ; proprotl
lldd
Ts'
secured creditors, 2501., including au ltaluto violin.
it 5411. It appearing that the bankrupt had not paid lb*
costa of a former sitting. as directed by the court.
Ilia Honour adjourned the cue sine die.
(Before Mr. Commissioner Goulburn.)
IN RE MARRIOTT —mitt•lmicitienott.
The bankrupt was described as a commission Distal
Hammersmith. On examination it appeared that out
28 creditors 92 resided at Kingstoo.on-Thamea, who. the
bankrupt bad carried on business for 27, years—in fact. De
to 18 month. ago—hut there was no mention of Siegsbull
in his petition.
His Honour now gave judgment. The bankrnbse
wished to pot in an affidavit from the Kingston
that they did not wish to oppme ; but his Etoooof held OS!
it could Dot then he received, the cue having beau clued as
a former sitting. This bankrupt called himself •