The Express.
London, England, 1848-11-17 00:00:00

COURT OF QUEEN'SBENCH.—TuToRDAY.

bit une in Ramo.
TH2 Queen V. TUB CLBBBINWILL IMPROVEMENT
COMMISSIONERS. PRACTICE OP THE Corey. Mr.
Pashley applied to have this case taken out of its regular
order on the ground that the premises of the prosecutor bed
been taken possession of by the commissioners under a notice
that they should require them; and although they were worth
about 2,0001., he had not been able to induce them to
take the necessary nor for assessing their value by
a compensation jury. He had obtained a mandamus,
to which the c iminbisionen had made so general a return
that his client was obliged to demur to it. They had then
withdrawn their general answer, and merely returned that
they had no money. Moreover, they had purchased the free-
hold of, his client's property for 11,0001., and absolutely
sought to maks him pay rent for it. Under these circum-
stances, if their lordships should select any cases from the
crown paper, he trusted this would be one.—Lord Denman
raid it would be establishing • very bad pm:et/cm It the
court were to do so. Beery man considered his own case Of
the greatest importance ; but there would be no public in-
convenience or injustice, as far as he could see, in this cue,
it were delayed for ten Teen. If the court were to listen to
such appeals, it would constantly be said, " Why you did so
in such and such cases, and ours is as strong as they were."
The court would then have to compare different cases, and
waste its time by listening to innumerable affidavits, the
only object being to induce it to conduct its business ins-
gularly. He hoped he should not hear such an applicatlea
stimia„, • ,„
HI ../CERN D. GRZOORY.—LIBEL. —ln this We Mr.
Snow had obtained a rule, calling on the defendant to show
cause why the judgment roll should not be amended accord-
ing to the judge's notes or minutes of the sentence. The
defendant in 1845 pleaded guilty to an indictment for libel,
containing seven counts, on the prosecution of the Duke of
Brunswick, upon which the court sentenced him to be im-
prisoned for six months in She Queen's prison on " each
and every " count in the indictment. The officer of the
court, however, recorded the judgment in the following
way : " Su months in prison—net in the Queen's prison.
Proceedings have been pending since that time upon a writ
of error, and a few days since the present rule was obtained,
the object being to alter the entry on the judgment roll is
accordance with the sentence. Mr. Crowder and Mr.
Peaoek now showed cause against the nee, contend-
ing that the court had no power to amend, as
there was no document by which the sentence could be
amended, and it would be a dangerous principle to do so
without some data to go upon.—Mr. Snow was shout to
address the court in support of the rule, when Lord Denman
referred to one of the Masten, and said that the entry is
his (the master's) book was to be imprisoned sir months
on each and every count of the indictment." that was
certainly the intention of the court, and the defect com-
plained of—namely, that there was no document to amend
by, was now removed. The rule must, therefore, be made
absolute ; but there having been great delay on the part of
the prosecution, the costs must be borne by the prosecutor.
En PASTE COPBEIT.—In this case, in which Mrs. Cobbett
a; plied a few days since for • writ of habeas corps to bring
uerived husband to this court with a view to his being die-
c from custody or returned to the debtors', instead of
the criminal, side of the Queen's Prison, Lord Denman said
the mart had considered the application, and as it was pre-
cisely similar to one which they had before refused, they
must adopt the same course now.

BAIL COURT.—Ysentannt.
lettings 1n Bance.—Belore Mr. !notice Petition.
Ix THE MATTI& OF THE CHWICHWAILDIES OP 123
Pneusn OF NatPIRTOII.—ELECTION oF CHURCHWARDENS.
—Mr. Cowling moped fore mandamus to be directed to oho

Weidman of e West Riding rf , retptiMag him
to admit two therentlemat of the Yorkshire
Dames of Dodgem sad
lieWerist to till the cMee of ehurchwartiess of the
PM& of Mapperton, in Yorkshire, to which they had bees
daly eosted ; and also to allow them to make the deelesatios
met in such eases. Prom the eadavit spot whisk the
Mara d counsel moved, it aemered is lied beas always
shai
e carom to have four diumekwardem ter the WWI
It writes, sad the plass *duds that district
the died be
two were elected by de perish of Nappanee.
SO mesh of Woodard sad the forth woe appobsed W the
visa:. On Erase Toisday M. the parties es when behalf
the pre sat speller's' was made were elated by the
wier7 as the char,berardsas of Naples
dienee, aad
apes the visitation of the arehimea is fa.
/awl* oe, therprose Med threaselme beton Ma
Mr the h
et admitted to that Oki. M ma-
dem% ems* with their mTod. Ia
Or mesa Oi beseher, se eammedsties haviag boss is
salmi foam the amisdeeem ems the MOM, ma atteesey,
who.. mom use dee tedtaes. maid apes bist, aid Se-
abed to knew if ft was hie iateMise se shait Mears Sear
mss Debase to ad as the eissibwardese et Mappens..
Ulm that soaks he was Waisted Icy the arehdleassa that
be MI she eassider that the eharairwerdows bad pew
web' ihismalese beton him, for admission to their ells.,
ha m bed miser, but the ardedoesea also sided that he
staid fle Weer time to midir the mist, sad Mt he
maid Mills Modems Mow are Mal enbsWea Ms
Illisslay hawing the day apes which the 1101741111 Wit
aaliadingly a lefts was remind from Mr. Morem,
etshdeesos's secretary, by dr. Hedges, tem aceorsay,
mid is that letter it was sated that the arehdeasea robed
te silt the present spoils:sate, oat the 'gonad that the
semi suesteer of tharehwardese kid Meek ben elemed.—
Mr. :sedge Fatima : Den your silidavit state hew may
dessineastess three had bees Wimp the preview year 1—
Desellet
_mid that so made. was made paw the tab.
jest ia his leather Patters sisa to Mow
viehribrer, tthe. the arcedessea fa his loser mid that the
semi amiss of demisearibus had already be ap-
Mated, be istemitti to Miami that the amber
els metrieted to two:—Mr. Combs, eigibised that
at Meows Salsas and Robbers bad beta altetwl. the
amitwesimesodemitad thought lk limeseesiy r elest
ease Milamit, and it was to that deemseasse the aids.
dames retened.—Mr. busies Patemes is grandma the estie
mid that it would be absolute is the bet inseams The se
Omar ilea the emirs Mee iatiameed Chet it es& to he a
rale obi, bat his lordship, after ram* to the ram et "Es
pras Diehl " (3 /Adds* esti Ellie), derided that a yule
slealMe me the peeper hem.
Tim (beam s liesswil.—Arriroarrox atom UM
W. SNUG embed ea behalf of a penes maned Beams,
Mat le adekt be admitted to bell. The bets of the ease
was shortly these : the dahsimart wad need ay the sr
segues sad trustees of the Marv* age Mak with
larsiag obtained from that beak the am of 321 13e. as,
bbe pitmen. The tiefissbat bad bora brought hobos
I=ates at Margate, ia Oetaber last, who Ms as
for eight days at the same meoptiag
is he appearance. Os seised emmeheatiss ha was tear
adisi is Ma bie trial at the Dome Ikealass, the
amgimease had mimed le mein bail es the gam& the
sty dhl asst like te lake urea themeless the reeposeibilits
of Meg se. The leaned sasses reed • letter to.. Mr.
Mesear, the attorney for the preesestios, &dimmed to Mr.
Walker, the demises Mersey, is which it was stated
that the prememara did aot Woad le e =
M prime applitstios.—Mr. Jades Paten= :
moist of bail was said the t—fdr. Meese
Mthat no was the defendant sawed
M ettse
the amount 7733.-11 r. miss Patsies mid he
maid rest a rale to show muse why the defeadeat should
set be edmitted to MI, aid also a assiered to bring up the
depatima,—Mr. Ham said he had mils of them.—
Mr. hides Patttssa : We must base the espied depo-
sitions mad the smoaat of the bail required will be 8004

COURT OF COMMONIa PLllAS.—Ysevemosv.
SittNo Isom
NLVITITSI, ATIPZIWIT, V. DOlll, Tows CM*" Or
I.IOIIPONDENT.—RILIBI3 7101 POOl-RATII
NO DISQV&LIMATION.—ThiII MO OS appal maims the
ikeisies of the revising burimor ke tie berevgli of Lancas-
ter. It appeared that the 3111,01611 awned to vote es •
*sew of the borough d Imnessese, sod we. objected to on
tisdrreemi that was Obtained seder the 36th section of
I Wm IV. (the Reform Ace) se 'Miss la receipt of parochial
MIK The lets were them .--• nee bad bees made is Sept.,
1647, by whisk the claimant Meuse indebted to the parish
is the sun at twelve 'billings. Oa Ow stet of Kay, 1848,
he readved • Natatory release hem de debt. This relates,
it was objseted, amounted to parodist relief. The barrister
tbousht otherwise, sod the vote was &rejeant
Bytes, ter the impel:ant, contended that the release from a
rate which was given to the claims{ emir sada 11 of 64
Goe. 170, put his in the peaks of a paws TV-
edvint peesshist relief witha the nessia of the Reform
Amt. In afar weak the tertian aMt Is. to the pariah
ems di Ikea the aria to that snonst. He sited the
Celeheder ass, I Pecked!, 60p, where mesdames by the
frith imam washed to diegualify.—llr. &timid bin Flake
sesiesiledithst to antribute towards palatial onto
aim add sat be 'gunshot to nosiviag it himself. As
s bums, he night have voted though sot rated at all. A
Token its the rate wanly pat his is the paid= of set
has meowed to the raw—lb. Serjeast Blies harks
the Court said that so dinsalideatioa was nada oat
is die per cue. The bathes to show disqualikation
lay es kg ebjeLtor. The words of disqualification seed is
W Bohm Aet, reoriviag parochial relief," were not to
be strained egaiset the heashiss. Then was a substantial
alsrano between sot contributing to the relief of othen,
Ned receilief owitelt Though ve of a
debt doe the parish or the receiving aid might be
whitlows Nadia. to Mow the party wee a pauper, yet a clear
ad of peaperism must be made out. In this Masse, the
dolma night, es the Lisle stated, hate bees a penes to
whoa the parish would have been basal to refits, ritief.
The revisiag barrister had rightly dedded.—Deciska
elbow&
Tom e. Ostosis—Bross or • COONTIMCIRTM-
*MD APOTIIICART TO SOS 701 ATTTIFDAISC2 AND 1111 DP
01/31 TOPPLISD Uf 1•010011.—Thia was as action of as-
salad; Wank biles:ale aa apothecary, to mover
setesisale sod applied to the defeadaat, tried
babes Mr. hada Vinson sills Min darks tern at
GuildheL Theme an • plait ibe plead Was. It ap-
V:kal.settaseillikiK as apothegm rani' la Paso.
,hod staaines and snollnon is the isiorkat
k ardleate pretend by bin is support ef
his saki to ess woe that of a erraatry apelhomy_ It was
fit fa debakat that, es tiro ilk satin.rift Apolbenrin: Act (II Geo. 111., s. 194)
reteloos a ons guinea.' ondilate ter a penes
prestidat la Lanka or within' lea miles thereof, sad the
gialatifre eatilleshe was for the son off
ilk guars+ only, the
=able miler that adios in say esetifiatea, the
ought la le awaited odder the ilst sacks the
est. • sadist woo Oa kr the phiati‘ have baki n-
ame* a ths didadald to seers le law a mak • rule
shi lane las, puma to leare,_eascrilsoly shaised,
lXiSaisoot Bytes (with whoa wee Yr. Weedesteed) mew
showed sews taloa the nib ; aatd Kr. Pony was bead is
mow nel IL Ms awl wen el *nos the waat ef so
CiCsealleste did sat disco the plastid to son
estelis of the Apothandol Ant made that as
essilessoy sot we Wilma mho he is in prac-
tise Wier M
om Oa ithday of sist,llll., woolen be has ob.
tarn oebae ussohnaiL" Thus look "sashimi*"
what, the lta seeden, MI6 an spelb_semy to
=mit
winos% lavas bees smadon by die Own of
tad hales naiad a eseddeate a hit lobs
to peatise as sash. Bow the *et of the
=eits two to pronst undtaen. Bat it did sat resophe a
Blinesen Maas the esposity_readred is Lesko sod Is
ke sonaly. Ben the pireil *tarn a mediatesl
Bass. It we at his splits to boos tabs a emalleate hr
fisislty sr it Lade. Slot bs heal sot pen the right
wrest many realesed La lisbh te • wally osier
Slier the
Ilia swim bra MI sot silha bie debt Is ea. roe TM
laparleert di macho beams maks. without a sot-
Mak ad hobs the wag mount & ount spot a Macau
nada& The woks soma we merely a natter
regsktits. There was therefore no road for the
peeesst direhased asocedisitly.

COURT OP Rl=We IsoCIMRQUIR —Tatrninar.
m
Ix Powates.—Vatwarrow or PLOPIRTY ros Rau,
MAT Pe kiOBIII.—AWAAD.--APPOINTIMIT 07 AN Um-
puts.—Yr. Martin, Q. 0., wed in the matter of an award
We between a Mr. Pomba, on the one part, and the
WRY, limaerest. end A Railway eseapeay, by the
wines of the Governineen Barg Bard, ea tise other.
28=red that in 19$ Mr. Pemba took a pima of land,
alma 76 seem, from the soeveratita et Wry.
menta, open hem he 90 yeses. In 1843 the impends&
mmontell to sell their revwdeamy interest in this had to
Mr. Peorkes ihr 17U. In 1846 the Win, sorest, =Wei.
mew* Reihrey Oempory pee Wee, under the Lead
Olatmes Consehistien Ant (8 Vie., dry. 18), that they in.
UMW* take Mr. Yeerkee's peeper. kir their railway. Mr.
Rowitm elelmed 7,1611. kit bir thelend. end with a
deer Mime IlevW mensiftliMmeted,• noweinelahrof
di.
yawls hp the wimeeny.- Tho raise di= pelessied er-
rZirmikaiilielMin, Wm Me }weldor et lie Uri Meer
id, le emereeit the went el etinpseeetien
orldei shweld be awarded. The sehheettees, hewer, meg-
Wolk to eel er, epitome an within the plied Imrits4
tie elekals, sad an hews emesenry to the
Beard et Toole, to en
sfolq Ns they wore ear
=Who by Mk •of the Lead Clew
Act. sty die 9 & 1 Vie., s. 106,x`
eneelinles wirmsaissionste of railways, the powers v
the Reed of Trade, wader the Lead Clauses Coololidatits
Act, Was transferred to those °Wows' and in perrt
sell* of that authority the railway board, at the butanes el
tie tomplay, appointed a Mr. Powell as umpire. Tlot
peoseeded with the iaquiry, in order to sweseleit
LillbamuleZat to whist Mr. Porker was entitled ler the
tea of lie land. Several wires of andantes,
Item London and the vicinity of Weymouth, were
swataMed beim Mr. Powell__, end man of the
able inhabitants et Weymouth, sod the lowest
veins say of the winger examinsd put epee
Mr. Pewkes's interest was 7,1881. Many ewe be the boot
of their belief that it Was Wel& 11 vent dug mw The
szsmised so whams belay, the Whir /161
by esewl, who meeended that Mr. Peetkes bed
wet, a esieemble title to the mieelek he the
sake et em&M, a slim whom the sommay, nodNatthe
lore pawed to him in MI6 restricted Wei to the Wildin
• two hares, sad wing the remainder of the hod into g•• I
park, Is, the entseemeet end recreation of the inhabitants of
Weymouth. The wit was that Mr. Powell made se
award, giving Mr. Foram 1,7331. for hie interest in the
the costs of the arbitration at 1181. 10e,
es' beets tins/Weal, having merely &Wee
, paid aocerdin.; to the Land Clauses Clow

1
leaving Mr. Fewkes'
hikat they ilegal4 3,41 p