The Express.
London, England, 1849-06-21 00:00:00

110MX CIECINT.

The Len Hon. Sir FairoiicilPtriloca,Lord Met Baron, and Mr
BefUlIALD1480)1.
Hertford, Tuesday, July Ito, at Honked.
&sex, Monday, July 10, at Chelmsford.
Kent, Monday, July 2 t, at Maidstone.
Scamps, MouMiy, July 30, at Isms.
Surrey, Monday, August S, at Croydon.

MIDLAND eIRCITIT.

The Right Hon. Slr JAiiii GU', liniglicind Mr. hatke Clots.

11001..
Rutlendshire, Wednimiay, July 11, at Oakham.
Northamptonshire, the rune day, at Northampton.
Lincolnshire, Saturday, July le, at the Castle of Lincoln.
City of Lincoln, the same day, at the City of Lincoln.
Notturghamshite, Wedeeeday, July le, at Nottingham.
Town of Nottingham. the same day, at the town of Nottingham.
Derbyshire, Friday, July 20, at Derby.
Leicester.hire, Tuesday, July 22, at the Castle of Leicester.
Borough of Leicester, the same day, at toe borough of Leicester.
Warwickshire (Coventry Division), Friday, July 27, at the city of
(Wsrwick Divistm), Saturday, July 28, at Warwick.
NORTIIER.N CIRCUIT.
Mr. Justice Parmos and Mr. Justine Wsairtmax.
Yorkshire, t 1 °dander, July 11, at the Castle of Tor k.
City of York, the same day, at the Guildhall balm same city.
Durhim, Wednesday, July 25, at the Castl • of Durham.
Northumberland, Monday, July 30, at the Castle of Newcastle.
't-Trts•
f Newcastle-upon-Tyne, the same day, at the Guildhall of the
Cumix•Aand, Thursday, Aug. 2, at the cif yof Carlisle.
Westmoreland, M aday, Aug. ft, at Appleby.
Lancashire, Wednesday Aug. 8, at the Car le of Lancaster.
Lincsahlre, Saturday, Aug.A 11, at Liverpool.

Cmmtry.
Wirwickshire

Towri;i;
kkl town.

--OXFORD CIRCUIT.
Mr. Baron Roue and Mr. Justice Stun.
Berkshire, Monday, July 9, at Abingdon.
Oxfordshire, Wednesday, July 11, at Orford.
Worcester, Saturday, July 14, at Worcester.
City of Worcester, the same thy, at the eity of Worcester.
Staffordshire, Thursday, July 19, at Stafford.
Salop, Thursday, July 2h, at Stirewshury.
lierefordshire, Tum&y, July SI, at Iltreford.
Monmouthshire, Frkhy, Aug. 3. at Monmouth.
Glouoesterski-e, Tuesday, Aug. 7, at Gloucester.
City of Gloucester, the same day, at the city of Gloucester.

WEiTER-N
Mr. lustier Cassorect. and Mr. Justice WILLIAM..

Dorretshire, Saturday, July 14, at Dorchester.
Devonshire, Wednesday, Jaly le, at the Castle of Exeter.
County of the City of .serer, the same day, at the Guildhall of the
same city.
Cornwall, Wrdneeday, July 25, at Bodmin.
Sornersetahlre, Ttietuhy, July 11, at Bridgwater.
Wiltshire, Monday, Aug. 6, at Devisee.
County of the City of Ltr.stol, Saturday, Aug. 11, at the Guildhall of
the same city.
CIRCUIT OF THE PRINCIPALITY OF WALES AND COUNTY

PALATINE OF CELESTE&
Mr. JusilteMALLl and Mr. &TUC PLATT.

SOUTH WALES.
Olamorganshire, Wednesday Jolt 11, at Cardiff.
Cannarthem bite, Tuesday), July 17, at Carmarthen.
County of the Borough of Carmarthen, the same day, at the borough
of Carmarthen.
Pembrokeshire, Saturday, July 21, at Harerfordwest
Town and County of liaverfotdwest, the same day, at the town of
Ilarerfordwest
Cardiganshire, Wednesday; uly 23, at Cardigan.
Brecknoekshire, Saturday, July 28, at Brecknock.
Radnorshire, Weensaday, Aug. 1, at Presteign.

NORTH *ALES.
Montre, Saturday, July 14, at Newtown.
Dicrlrc, Wednesday, July lb, at Do'drily.
Carnarvotehire, Friday, July 20, at! ienseron.
Angleeey, Wednesday, July 23, at Beaumaria.
Denbighshire, Saturday, July 20, at Ruthin.
Flintshire, Wednesday, Aug. I, at Meld.
Cushiee, Saturday, Aug. 4, at Ouster.

COURT OF QUEEN'S BENCH.—YesTzimmr.
BITTING• AT NI P•11711e—BITOilt Ni lONTICZ WlDlilliAN AND A

COytUY kiy.

ROGERS v. RIISAELL.—ACTION •GAINAT A SURETY.
Mr. Whateley, Q.C., and Mr. Seq. eat She. and Mr.
Huggins, were counsel for the plaintiff ; and Mr. Peters-
dorff and another learned gentleman conducted the ease on
behalf of the defendant.
This was an action brought by the plaintiff, as the attor-
ney for the commissioners of paving for the parish of St.
Margaret, in the city and liberty of Westminster, sgainst
the defendant, upon a bend which he had given to the com-
missioners for the proper performance of the duties of col-
lector by his nephew, Henry Edward Russell, who had been
appointed to that office. Henry Edward Russell had be-
come a defaulter to the extent of 1781. odd, and hence the
present action. The defendant !had placed several pleas
upon the record, the principal one being that the bond was
obtained by fraud and misrepresentation.
In support of the plaintiff's case, evidence was given to
show that the bond had been given by the defendant, and
that Henry Edward Russell wes a defaulter in his accounts
for the sum of 1781. odd. _

On behalf of the defendant evidence was called to prove
that the father of Henry Edward Russell had formerly. been
the collector of the rates for th• commissioners of paving of
the parish of St. Margaret, and that his son, Henry Edward
Russell, and a party named Dawsett, were his sureties. Mr.
Russell, senior, was a defaulter, and his son and Mr. Dawsett
were obliged to pay 2491. Henry Edward Russell then ap-
plied to become collector in his father's pldce, but he was
informed that he could not be appointed, unless he consented
to appropriate a portion of the poundage which he received
upon the collection of rates to the amount of 601. per an-
num, tiwards repaying Dawsett the money he had had to
pay for the defalcation of Mr. Russ7ll, sea. It was at one
time proposed by the commissioners that Henry Edward
Russell should pay only .501. a year. At first be objected to
pay anything, bemuse he had to appropriate 701. a year to-
wards paying off the money which he had borrowed to pay
his share of his father's defalcation. Eventually, however,
Henry Rlward Russell agreed to set wife 301. per annum,
and he was then appointed collector by the eornminioners ;
the present defendant became one of his sureties and eae•
cured a bond, dated October 10, 1844. From these fac's it
was contended, on behalf of the defendant, that the roman,
sinners were bound to have communicated to him this arrange-
ment, inasmuch as a person might have hesitated to
become the surety for Henry Edward Russell, if he had
known he was already under liabilities on account of his
father's defalcation. A person, before he became surety for
another, always inquired into the position of the party for
whom he bound himself, and the secrecy of commissioners
on this point, it was urged, amounted to a misrepresentation
to the defendant.
Mr. Justice Wightraan having summed up, the jury, after
a short consultation, returned a verdict for the
pluntiff—
damages 1784 16s.

MIDDLESEX SESSlONS.—YzrrgitnnY.
BIIFOLI Ha. WITZAD AND A BDSCH OF MAGIFTSATILL
COVNTY Cora' HARPIES.
W. Miller, 59, was indicted fur obtaining Os. from Eliza-
beth Mills, under false pretences.
The proseeutrix was a poor old woman who earned a pre-
, cirious livelihood u a sempstress, and the robbery com-
mitted by the prisoner was one of a very heartless character.
He called himself a County Court agent," and as such un-
dertakes to conduct business for suitors at three courts, his
only object being to victimise those who are simple enough
to employ him. The proucutrix, it seems, was anxi ou to
sue one Alexander Smith, who was indebted to ber for
money lent, and a person named Foster with whom she was
acquainted, introduced the prisoner to her as an
" agent" of the Whitechapel County Court, who,
would get au execution against Snuck. The pri-
soner told her that he bad been an officer of the
old Court of Requests in Osborne-street for twenty-
two years. Believing this she authorised him to proceed
against Smith, and gave him three shillings to take out the
summons. He subsequently told her that she must pay few
shillings for the hearing, and shortly after she had given him
that sum (having pawned her bedding to procure it) ha
asked her fords. to take out an execution against Smith,
assuring her that she would receive the sum sued for Imme-
diately after such exe,ution had issued without th, res being
any occasion for her to appear at all. This sum she also
raised by repoiring to the pawnbrokers, but instead of receiv-
ing the amount due to her, she shortly discovered that al-
though a summons had been taken out against Smith, the
clause had been abandoned, there had been no hearing, and
therefore as a matter of course noexecutiom could be obtained.
She sought out the prisoner and gave him into custody.
A clerk from the musty court said that the proceedings
against Smith at the instance of the prosecutrix went no
further than the summons. There were no fees paid for
hessi,g or execution.
The prisoner in his defence merely denied that be bad any
intension of defrauding the prosecutrix.
The jury - found the pesoner Guilty.
*ahem said that this was a very serious offence. It
was sheejetew intolerable that such persons as the prisoner
should be alleved to hang about those courts and extort
money from the put persons who had to resort to them.
The nutmeg was that the prisoner be kept to hard tabour
for six calendar month'.

THE POLICE CO URTS.
MANSION-ROUSE.

CHARON AGA1118;711;13[101TATI02; BROXtII —Lieut.
Lean, the City agent of the emigration commissioners, at-
tended for the purpose of bringing a charge under the 6 & 6
Vic. cap. 107, called " An Act for regulating the carriage of
seen re in merchant vessels," against Mr. Button, a
Uansed emigration broker, who voluntarily attended to
answer the matter of complaint.
Lieut. Lean said the subject was one of great impertance
to persons who intended to emigrate. Two men and a
woman had applied to him, stating that they had paid money
to Mr. Batton for their passage to New York per the Nye
emigration vessel. It appeared from their representations
that the emigration broker had violated the act in two of its
important clauses in hie dealing with them. In the fist
place, he had not given them receipts for the money
in the form contained in the tcbedule, and in
the second, he had received the money with-
out having a written authority to act u agent
for the party on whom behalf the contract for such passage
purported to be made. These omissions were infringements
upon the 19th and 21st sections of the act, end snbj cued the
defendant to two penalties in each cue of 101. a head, the act
having been expressly made for the protection of the rat-
stagers from fraud, or the consequences of false pretence.
It happened that the emigration ship turned out upon exa-
mination to be wholly unfi' for the voyage, and she was ac-
cordingly ordered into dry dock for repairs, and when she
would be fit to undertake the voyage was quite a matter of
conjecture. The defendant, although informed of the ille-
gality of the proceedings, had nevertheless refined to return
the money to the complainants, who severely felt the
grievance, and applied to the commissioners for assistance.
The defeadant in anew r to the charge said he did not
mean to deny anything which he had done. Ho certainly
had received the money and given the receipts produced,
and he had no written authority from the owner of the ship
to act as agent ; but he considered himself perfectly justified
in the course he had pursued, and was wholly at a loss to
find any thing in the bill at all tending to chow any obliga-
tion upon his part to return the money.
Alderman Wilsan—Row can you be justified in acting in
direct violation of the Emigration act?
Mr. Button, my licence is my authority. I contend that
I carried out the act of parliament by entering into a con-
tr set as agent for the complainants, end that the section you
have quoted has no referent* to any person but the pu-

sender.- _
Alderman Wilson—Your construction of the act of parlia-
ment is so palpably erroneous as to deserve the imputation
of actual stupidity. I advise yon to go to some one capable
of advising you.
Mr. Sutton—l look upon the act quite in a different light,
and em determined to appeal against your decision. I am
anxious to have the point added, and have no idea of shirk-
ing the responsibility. To show that I had no intention of
doing wrong, when this Rose was found to be incapable of
going the voyage, I entered into contracts for the pusage of
the complainants in the Pioneer.
Alderman NI/gum—Have you got the written authority of
the owner to act as agent io that instance ?
Mr. Sutton—No.

Alderman Wilson—Then you are subject to double penal-
ties.

Mr. Sutton—l ant willing to take the re,pontibility in all
the cues.

Lieut. Lean said he had in vain endeavoured to prevail
upcn the defendant to come to arrangements to prevent the
Inc nteulence which must result to the complainants from
the delay.
Alderman Wilson—l perceive that the case is out of my
jurisdiction ; but I hope the defendant wall see the necessity
of returning the passage money to those poor people, and
not render an application to the magistrates of the Thames-
police necessary.
Mr. Sutton—l don't mean any offence, but I assure yeu,
sir, that I expect upon my return home to find some persons
waiting to be supplied with a pump to New York, and it
is my determination to act far them just as I have acted for
these people.
Alderman Wilsen—l hope Lieutenant Lean will at once
apply to the Thames police magistrates, who know well how
to deal with such a ease, and that he will not forget to men-
tion the defendant's expressed determitation to repeat the
offence of which he certainly has been guilty in directly vio-
lating the act. The act was made for protection against
such conduct as that upon which I have animadverted, and
the cue must strongly prove how necessary it is to be strin-
gent upon agents. The defendant is liabie to penalties to
the amount of 801., and f I had authority he should feel the
consequences of the threat to continue in an illegal course.
Lieutenant L'an said he certainly should act upon the
alderman's augg ation.