The Express.
London, England, 1851-11-22 00:00:00

COURT OF EXCHEQUER.

&maws vs

?MR LORI, fluor BARON, Na. BARON

PAWL& MR. 1101011 ALD•111.11., 11,11 MY. BARON 111.1111 TM.
LAWRENCE E. BOSTON.-JUDOMENT.

Thh wss an action tried hcforeM;.llstie;Zresswell, at
the last Suffolk Assizes, when a verdict was found for the
defendant.

The facts of the ease Were these :

It appeared that the plaintir had obtained a rule nisi for
a new trial, on the ground that a certain deed had been
improperly received in evidence. The action was in tres-
pass, for breaking open a dwelling-house, and seizing and
taking away the planintiff's goods. The defendant,
amongst other plea., pleaded that the goods seized did not
belong to the plaintiff. In support of this plea the defend-
ant put in the deed in question, which was an ateignment
of the goods and of a policy for TOW. to the di fendant, b
way of mortgage, from one GUT. as a security for 114
which bad been lent him. The deed provided that if Guy
did not keep up the policy, or if the office
become insolvent, it should be lawful for the
defendant to effect a new policy, the premium for which'
j should be a charge on the old toliey, and •liould be treated
as principal monies, beering interest. This deed was pro-'
perly stamped, with reference to the advances existing at
the time of its execution, but it was said on the part of the
plaintiff', that because it contemplated further advances
by Mr. Boston in the shape of the premium on the
new policy, which would become a debt, the
amount of the advances not being defined, the deed
ought to have borne a further stamp of 2)1., under the Sith
Geo. 111., the mow repealed Stamp Act. It was contended
that the new premium on the new policy could not become
a debt for which the defendant might sue Our, and would
not increase the principal sum advanced and sacured by the
deed, and on which the stamp was calculated.
The Lord Chief Baron cow delivered the judgment of the
court, which was to the effect that the deed was only
intended to secure the first advance of tali., and therefore
the deed bore a sufficient stamp, and had been properly re-
ceived in evidence. The rule for a new trial must, conse-
quently, be discharged.
Rule discharged accordingly.

ANOTHER OXFORD SECESSION TO ROME.—The
Rev. Frederic Hathaway, M A., Fellow of Worcester Col-
lege, Orford, incumbent of Shadwell, Yorkshire, and
formerly curate of St. Mary Magdalen, Oxford, has resigned
his Fellowship, and taken his name off the books of Wor-
cester College, for the purpose of joining the Church of
Rome.

A DEPUTATION OF TILE SOCIETY OF FRIENDS TO
THE PUENCIER.—The following memorial on behalf of the
Religious Society of Friends was presented to Lord John
Russell, on the 16th inst., by a deputation of the
society :—" To Lord John Russell, llirst Lord of the
Treasury,—The Society of Friends, in support of its well-
known principle that all war is inconsistent with the gospel
of our Lord and Saviour Jesus Christ, has ott various occa-
sions felt called upon to address the government, and inter-
cede for the prevention or termination of hostilities. It is
under a sense et Christian duty that we venture at this time
respectfully to offer to thee, as the head of the government,
our earnest appeal in favour of the restoration of peace in
South Africa, and the adoption of equitable and conciliatory
measures towards the native races in that part of the world.
We have, with thankfulness to Gud, to acknowledge that
the rulers of this and some other nations of the civilised
wuild, arc more ready than perhaps at any former period
to avoid war, and to settle differences which may arise be-
tween them by other means than by an appeal to arms.
But whilst this happy change has been manifestly pro-
ceeding in some of the nations of professing Christendom
in respect to tle.ir mutual relations with each other, the
case has been widely diderent as to the conduct which
these same nations have, in not a few instanter, adapted to-
wards the weaker and less civilised branches Of the human
race. Under the Old Testanept, the command, ' Thou
shalt love thy neighbour as thyself,' so far extended its be-
nign influence to the alien as to forbid the Israelite to op-
press the stranger within his gates. The New Testament
givesa wider scope to the injunction, and, including all man-
kind in one bond of brotherhood, enjoins on the Christian
to do unto ighers as he would that they should do unto him,
and by precept to diffuse, and not less by example to emu-
mend, the Gospel of our Lord to all the nations'
of the earth. When we consider that the wars
which civilised nations wage with uncivilised tribes are
generally wars of the strong upon the weak, and that their
all but uniform result is tile destruction or degradation of
these tribes, it must be evident that tar front tending to
diffuse the blessings of Christninity and civilisation, they
must cause the very nano of Christian to be held in
abhorrence. Wo appreciate the efforts which the present
governor of the colony has made, we believe with perfect
sincerity, to promote the introduction of civilisation; in
some of which efforts we have, to a limited extent, had the
satisfaction of assisting him. We have nevertheless noticed,
with deep regret, that in the course of the dealings of
this country with the natives of Southern Africa, including
some of recent occurrence, there have been transactions of
a kind calculated in various ways to injure, alarm, and
irritate the native tribes, —transactions which would net

have been contemplated in relation to any civilised power,
and repugnant to that sense of justice which is not un-
known, even in the breast of a savage. Amongst these,
the taking possession of their lamb, without even the
semblance of compensation stand* conspicuously preutinent.
In the history' of the British occupation of the Cape, one noble
let of magnanimity and justice is not more remarkable for its
rarity, than it is eminently entitled both to imitation
and oraise. The restitution of land taken from the Kettles,
and the adoption of just principles of intereourse,which took
place in the year Mb, and proved alike a blessing t the
colonists and the natives, point to a similar course of proce-
dure at present; for which it is our object respectfully, but
most earnestly, to pleiul. Let it not be thought derogatory
to the character of a great and profossedly Christian nation
to dare to do right, although at the expense of retracing its
steps. Whilst urging our appeal on the paramount consi-
derations of humanity and religion, we way plead un behalf
of these African nations who have no representative to
espouse their cause, that they are far from being the irre-
claimable savages that their enemies have represented
them, but, on the contrary,. under the religious and moral
instruction of various Chrotian missionaries, have given
evidence of no mean capability of acquiring the arts of
civilised life. England, within the last few years,
has repeatedly urged the claims of humanity upon
other nations ; and we earnestly desire that she
may no longer compromise her character by the
commission of acts not less to be deplored than those
against which she has expostulated. May she rather act a
noble example of forbearance and mercy; and may that
blessing which the highest authority has pronounced upon
the peacemakers rest upon our beloved Sovereign aua upon
the minist,r who presides over her councils. Given forth
by a meeting representing the religious S.ciety of Friends,
held in London the twenty-second day of the Eighth
Month, Mil." (Signedby lorty-seven members of the said
meeting)
TORY TACTICS IN ST. NIARY'S, ISLINGTON.—At a
special meeting of the Executive Council of the Reform
Association of the above parish, held on Thursday evening,
at Mr. Sims s, Islington-terrace, Mr. Shakapeure in the
chair, Mr. Lewis stated that an attempt was being made by
the present churchwardens and trustees, contrary to all
usage, to call the next vestry meeting at 3 o'clock, and a
meeting for this purpose bud been held in the City he be-
lieved that the churchwarden was exereisieg rt despotic

power in acceding to the wishes of a few of his own Party
in this matter. Ile (Mr. Lewis) was happy to say that the
ve,try.clerk had not concurred in this attempt to exclude
many vestrymen desirous of attending. A committee of the
council have under their consideration the amendment of
the present local act, or the advisability of at once applying
to parliament for a new act, or to adopt the act known as
Sir John Ilobhouse's Act, which latter is found to work
beneficially in the parishes of St. Pancras and Marylebone.
It is understood that the reform party ate most anxious for
the introduction of the latter act, which would at once
abolish the system of plurality of voting, and other evils
existing in tho above parish.
NOVEL APPLICATION OF GCTTA PERCIIA. A

novel charge of felony was heard before the Tymmouth
borough bench on Wedneaday--a case, too, of considerable
importance to gas companies. The borough of Tynemouth
Das Company supply their customers with. gas by meter,
the company furnishing the meter and the t lying front the
street leading thereto, the consumer the pipe to the burner.
Of course, the company only receives payment for that quail-
; tity of gas consumed, as indicated by the meter. A
person of the name of Hibbard, a gib all shopkeeper re-
siding in the low town, having failed in business, the
r'inployes of the gas company went on Monday to fetch
away the meter, and cut tiff the supply. They
removed that instrument, and broke ff tho piping
within the shop, which extinguished a light there, but
to their astonishment they observed a light still con-
tinning to burn in the back premises. They looked about
them, and at last discovered that the gas burnt at that
light was conveyed by a gutty perch* tube from the com-
pany's pipe to which it was attached. Upon further search
It was found that au upper room could be lighted by the
mine means, and that by an ingenious contrivance the gas
could be turned front the meter, and the light in the front
shop be furnished by the gas abstracted from the company's
pipe. The men reported to the directors, and that body
determined to institute a charge of felony against llibbard.
as they must have been cheated to a considerable extent by
this ingenious device. lie was accordingly given into cus-
tody, but on Wednesday, after hearing the ease, and con-
siderable legal disenasion between the gentlemen who ap-
=for the prosecution and the magistrate's clerk, the
Id came to the conclusion that the charge did not
amount to felony, and dismissed it. The company intend to
take the caws to the Northumberland sessions by indict-
ment.

RAILWAYS.
THIS DAY.

Two o'CLoci.

-
The share market, on the whole, is well sup-
ported at the late rise, with rather more business
offering than is usual on a Saturday. Great
Westerns, Eastern Counties, and York and North
Midlands, are very firm, and North British mark
58. higher. Midlands have been dealt in at the full
rise, and though they are now ss. worse again, this
decline is of no importance after the marked advance
recently established.

'MADE' AND STCYJICII UNDID

uooing pekd
Serterday.