The Express.
London, England, 1849-01-25 00:00:00

NATAL OF UMW= AT ♦ FIRE.

Mr. Buddlestrm—previoss to the hearing of the above
metioa—applied on behalf of • member of the fire brigade,
named Thomas Loder. to move for • rule calling on Mr.
Combs, the magistrate, and also cm Messrs. Pries and
Sweeney, the churchwardens of the perish of 81. Andrew,
Holborn, to show cause why Mr. Combs should no: agree
to the churchwardens paying to Leder the sum of 20a., ev
such other stun as might be determined upon by that magic
'rate. The claim of the applicant erne in ormequirein of •
fire which took plum on the 30th Nov. ha% at the premises
of • Mr. Powell, 112, Oray'..inn lane, sad cis that occasion,
Leder, es engiarekesper, brought the emend large engine,
which was used for the purpose of aftstraptisg to put out the
fire. It was for that soviet that he now claimed
a reword ; and the authority upon which the
present application was made was the 11 & 12
Vic., e. 44. By the 6th section of that set. the Court
of Qessa's Bench could direct a magistrate to order
such m mmeast of money to be paid to a party, in the posi•
tile oldie daimeat, an the wart might deem proper, pro-
vidhas that the magistrate had istased se make any order.
The &hemline hater emoted that so olden could be
twormhbtir a itMege Ise awarding money to be paid
to any who ine kr It under similar cirermstanoes to
Loder. eadavit ugma whi.* he (Mr. Huddleetone)
moved, stated thit the be which he had anentioasd to the
court, marred en the Nth of Nrmenher, and that Leder, as
keeper of engine No. 2, had been present with the engine at
the fire. On the Bth of January, in the present year, Lodsr
obtained a IMUDOIIS frost Mr. Coal*, which came on Is
be heard on the 10th, and was then adjourned
soil the 18th. Ups. that day the churchwardens
of St. Andrew, Holborn, appeared before Mr. Combs,
for the purpose of opposing the claim which Loder made.
Mr. Combs than delivered a written judgment, in which
he stated that he did not consider that a magistrate had
power to award any arm I. be paid, unless the church-
wardens applied to him daubing him to do so. His worship
oho declined to name any amount as being • fair remanent-
'iin to Loder for the service he had performed It was in •
great measure with a view that the question might be
brought before the Court of Queen's Bench, that Mr.
Combs had decided against Loder's application. It was
under the 14 Ow. 111., cap. 78, which act was entitled the
" Building Aet," that the case had been brought before the
magi:Angie The 76th see. of that set, aces specifying
what usouut of reward should he paid to the
humor& in eases of fire, went on to emu& that the keeper,
who should arrive at a fire with the lest wilt engine, in a
complete and Mart state, shield he sodded to a tuts not
exceeding de& ; and he who dissabl bring the emend engine,
to an easemat net mend* lls. ; sash putout to be made
by *0 eiturdwarders mai& la which the fire took
Orme. The 78th modes farther provided that in default of
the pay tof these respeethe sums of We. end 205., the
gwtY of the churchwardens and overseers might be du
waned apse, and sold to pry them. By the 77th section it
was rendered neesseary that before any pony could apply fur
a reward, he should receive the consent of the City, or •
Pieties of the puce to do so. The point for the de-
rma, of the meet in the present cars was, whether
the sugistrate could detensiae epee the matter
himself, and order the meant which was to be
paid to Loder, or whothar it was rmomeary for the church
wardens to set in the affair before the magistrate could
interiere.-11r. (notion Brie said he thought that the act of
parliarmat gave the magistrate himself power to determine
upon the amount to be paid. It would certainly be an ano-
maly that the churchwardens, who had to pay the money,
•houid decide upon the amount. Sufficient cause bad been
shown to justify him in granting a rule nisi.—The court
permed a rule.

COUILTOF COMMON PLIAR.-YISTIZDAT,

BOWLIN .6T-1111-111.-6111T-ATION of Ttxs

OF ACTION AGAINST NIAOISTRATIS.

This was; si;;;;llceipe---siZil .fur action The
pitiable overseer of Heston Nigeria, when goods bad been
seised on the 14th of Marsh, 1847, under a warraat of dis-
tress for non-payment of a tate (after envies of an ceder of
magietrates), made leader the 8 & 9 Vic., e. 21, com-
menced an action of weepers on the following 7th of
Aussie Remiss& the defeadaata, magistrates of the
s say of Lanoseldre, who had trued the warrant of
dismal; in which action the defendants pleaded " not peaty
by swats." It appear, the statute, 8& 9 Vie ,e. 21, an-
der whisk the rate in genies was mad*, was passed for the
epee of appointing a ripesdiary magistrate foe &Roe.%
end Beaus Mania, and for the payment of his
seb and hr the malting Orates to meat the expenses to
be hemmed under the ate; sad directs each rates to be made
by the megistratoe of the seemly of Lancaster; and that by
the net Motion of the eel all the powers, authorities, peel.
lime, Moms, and TOVIII•d014, for, or in relation to, making,
ralisollatdeod swftwebig scant rates, are made to apply to
ream ander that amt. New, by the County Rate Act,
63 Cho. e. 61, a paled of three months is the limit
within whisk maths. must be brought against magistrates
r any net douse I. the making or enforcing of county rates.
he question new indeed was (the validity of the rate being
disputed upon ether grounds not goes into) +either the
present action wee WO late in point of time, it
Ravin bees easemanosd more than three menthe
from the date of the seizure of the goods, se
whether the 6 & 6 Via , c.. 97 (commoidy culled the Chief
B irea's Act), which inshetitutae a longer and uniform pe.lod
of limitation, namely, two years, for the bringing of actions
under Meal and perms"' acts, applied to the present case.—
Mr. liVeatigieed the point for the plaintiff, Mr. Cowling
as the Meadmita.—The court went of opinion that if the
net sada whisk the rate wag made bad 'aid sloshing about
limitation at all, the Chief Baron's AA would not have up
plied. It did not den in express terms, and eves if it did,
it was repeat d by the 21st section embudying the provisioes
of the Cotiatv Rats Act, sad thereby restricting the period '
for the bringing of actions against mato:testa fur any set in
relation to the keying of the rate in question to three
months. The new rate was intended to he put in all re-
spects upon the footing of a county rata, and as throe months
had bees suffered to elapse, the defendants were printed
against the bringing of this action.—Judgment for the de-
fendants.

COURT OF EXCHRQUER.—Yserzamr.
@Maw OSING.
THE AITORSRT DRKIIRLLe. WALKlR—Bizicce mai FOR
DRAINEOI PURPOSES RUMP! 11011 DOTS'S.
. _

This w.s aa Woraiatioa Led at the iastaaes of the excise
depertmest, aadar tits tad & Sod Viet , a 24, to rawer
groom", for wily! " duty free " bricks for different pa?
posse from those aoatomplated by that ast—easaely the
drainage of fogs or easrahy lands. It aappposed that ander
this set brick naaatatturrn was utborLed to make with.
duty free for dydaitlif, but it wan OWN* provided
that nom mat under a gewalty of2lol , sloths us awl Wes
for "jack,' purple, than dfahthe mot owl malty hods,
or in the oottarcrtios alma!' 4111.8•11.111114
sad walls of is. brickwork twwlor aM 4a•misaarallerb4ln
for eftetias sad main :118 drainage of loads."
Tito brisk& whist were the sa of tkr billne6Bl" were