The Express.
London, England, 1853-05-30 00:00:00

LAW iintelligence.

COURT OF QUEEYS BENCH.—SATI:RDAT.
OITCI2IOI U Mow.) C;.urnou, Ma. 'vows two,

iltr. 41,41. R

Tnz Q11:1[11X IP. KNAI.I. AND OCHECJI.-CLO4IMIS rtDLIC
HOC/ii DUHINU DIVINE SERVICE.

This was a rule calling upon the prosecution to show
num why a decision of the Court of Quarter Sessions of
i Newport Pagnell, affirming a certain conviction, should
I not be quashed. This conviction was against the landlord
of a public-house in that place for keeping open his house
dunng the hours of evening terries upon Sunday. It sp-
peared that the evening service in the parish church of
Newport Pannell used former:,' to be performed between
the hours of 3 and 5 o'clock ; but of late years, the clergy-
man having been appointed chaplain to the workhouse, and
performing afternoon servica there, it had taken place
between 6 and 8 o'clock. Notwithstanding this alteration
is the time of service, the publican had kept open his
house as though the old arrangement was going
on. Upon the part of the prosecution it was
contended that the act of George 111., which requires that
public-houses should be closed during the usual hours of
afternoon *mice, in no way fixed the time of closing, but
only required that the public-houses should be closed during
the time, wh it might be, that the service was going
on in the parish church.
Mr. Baddeley showed cause ; Mr. Prendergast, Q.C.,
was ma the other side, hut was not called upon.
Lard Campbell was of opinion that the rule ought to be
made absolute. Were the arguments adduced by the prose-
cution to be allowed, it would become penal for a publican',
to sell even a drop of beer to a labourer after 8 o'clock in
the evening, if the clergyman thought fit to fix his service
for that time. The legislature had enacted that it should
be part of the conditions in the license of a publican that he
should not keep his house open during "the usual hours"
in which morning or "afternoon service" were
celebrated in the parish in which the public.
house was situated. That was a most useful
enactment, and one which the court would always
endeavour, to sustain. But the language of the legisla-
ture showed that the restraint imposed upon the publican
was to he confined to the " usual ' hours of divine service.
sad it seemed to him that from 6 to 8 was not the " usual "
hoar of " afternoon service." Mr. Baddeley had properly
called the attention of the court to the fact that neither in
the Book of Common Prayer nor in the Act of Uniformity
was there any hour fixed either for morning or evening ser-
vice. But then it could not be forgotten that at the time
of the passing of the act in question it was well known that
the morning service took place, throughout the country,
in the early part of the day, and the evening service during
what was usually called the afternoon. Everybody under-
stood the difference between afternoon service and evening
service, end the service in question at Newport Pigpen
clear y came within the later time; while, in fact, the alter-
noon service was performed within the workhouse. His
lordship, therefore, thought that the decision of the quarter
sessions was incorrect, and that this was not an opening
of the public-house during the usual hours of divine
service.

The other learned judges concurred.
R2lll absolute accordingly.
COURT OF COMMON PLEAS.-SATURDAT.

!Amities i. BAJCO.

The court only sat formally in benco this morning, their
lordships haring to meet the other judges in the Court of
Error.

SITTINGS AT Nun POUTS IN LOST* ~—Buroas Ma. RIMS
WlLuars mob A Corson 'var.
DONMAt T. FITZOISIIALD.—ASSAI:LT.

This was an action to recover damages for an assault, and
the plea wee not guilty.
Mr. Serjeaut Byles and Mr. Lush appeared for the plain-
tiff, and Mr. Sleigh for the defendant.
The plaintiff was formerly n provision merchant in Ire-
land, but having got into ditticultiee, he left that trade and
became a commission agent iu London ; and the defendant
was an Irish gentleman. The plaintiff became acquainted
with the defendant about • year and a half ago, in relation
to some bill transaction; and on the 31st March last, the
plaintiff called to see the defendant in the Queen's prison,
where he was confined. When the plaintiff entered the
room the defendant accused him of havioz misrepresented
his (the defendant's) property to a Mr. Keane; and took
up the poker and made a blow at him. He raised his arm
and the blow fell upon the back of his hand ; the defend.
ant than threw the poker at him, but it missed his, and
he escaped. The plaintiff in his evidence stated, that all
he had said to Mr. Keane was in delivering a message from
Mr. Pierce Butler, the late M.P. for Kilkenny, to the
effect that Mr. Fitzgerald owed more money than be said
be owed, and that it would not be safe to lend him
any money. The blow was a severe one, and the plaintiff
found it necessary to consult two medical men ; he still felt
pain and inconvenience from the blow, and it was probable
that he would long do so.
Mr. Sleigh addressed the jury in mitigation of damages.
and pointed out the defendant to the jury, and commented
upon the circumstances that be was a man in years, infirm,
and unable to walk without the assistance of two sticks. He
also submitted that the case was of too paltry a nature
to justify the action being brought in a superior court, and
he said that if the plaintiff got a verdict that would carry
costs the defendant would not be able to pay the amount;
and the only result wgied he that the plaintiff would ac-
quire the power of re-imprisoning him.
The jury gave a verdiA for the plaintiff—damages, 40s. ;
and
His lordship refused to certify fur costs.

ADMIRALTY COURT.--SnoaDer.
Burou Dc. LCAISOTO3I.
TEM Y•OLLLAY PIRATBS.

This was an eppliestion praying that the learned judge
would allow a certificate to issue out to Captain Stewart, of
her Majesty's steamer Virago, and to the officers sod crew
of the vessel, to enable them to receive the customary TO
ward for the capture of certaxa pirates in January, 1812, is
the st►aits of Magellan.
It seemed two vessels, the Eliza Cornish and the Flo-
rida, the one English and the other American, having
put into Punta Armors, a settlement for convicts belong.
ing to the Chilian republic, were seined by some people
under Cambiaso, who was in open revolt spinet the Chilian
government. The authorities having applied for the assist-
ance of Admiral Moresby, the steamer Virago was home.
diataly despatched, and oo the 28th of January she recap
turgid the Eliza Cornish and afterwards the Florida, and
brought them both to Valparaiso, where the insurgents
were handed over to the authorities. The court was called
upon now to decide whether, by the terms of the statute,
the men captured could be regarded as persons engaged in
sets of piracy.
Drs. Addams and Hayford, the Qseen's Advocate, Drs.
Deane, Phillinaore, Haggsid, and Twisa, 'Neared for the
difftrent parties.
The learned judge took time to consider his judgment.

BIRMINGHAM BANKRUPTCY COURT.
BATCRDAY.
Barns CO2llasuoma ILaarr.

RVITOILD AND WRAGOWS_

.................. .. .. --. ..
This was an audit meeting; also for the declaration of a
third dividend on the separate estate of Mr. Charles John
Wregge. The am' ult now declared was 2s. in the pound,
making a total sum under this head uf the bankruptcy
estate of lde. 3d. in the pound.

INSOLVENT DEBTORS' COURT.—SATuaDAT.
IN TAE MATTER OE GEORGE AVOIMITUS CRAVEN.—

CoNcoc-nso ♦ Dirt.

This insolvent, a grocer, &c., was opposed by Mr. Ernest
Reed, for three creditors, and supported by Mr. Dowse.
The insolvent was in prison cn a concocted debt, made on a
reswaiwery awe, for the purpose of getting hint into prison.
It was siesitted that there was no debt on which the arrest
bad estused, but it was proved that there was a detainer en
• ban die debt on the Nate_ day on which the petition was
Ned. The question whether the court would sustain
• peados lied es a debt, or whether the detainer
on • real debt would altar the sew.

Yr. 114ed;s1;i4 ttleeiltut to diintiss the petition, as it
was founded in fraud.

Mr. Dowse hoped the court would sustain the petition.
There was a good detainer, and a day in law could not be
divided.

Philliq was ittelised to dinniss the

petition. He consulted Mr. Commissioner Law on the sub-
ject, and that learned commissioner was clearly of opinion
that if a man got into prison on a fictitious debt, a petition
could not be sustained. His Honour (Mr. Commissioner
Phillip.) dismissed the petition. It was an abominable
ease, and parties should know that such attempts would not
do with the court.

The mtiti in was ordered to be dismissed.
Mr. Dowse asked leave for the insolvent to file a new
petition.
Mr. Commissioner Phillips refused to give him any aa.
sistat.ce. It would teach him and others not to be guilty of
such conduct. _ _

The petition was accordingly ilismisscd, and the insolvent
went back to prison.

SURREY ADJOURNED SESSIONS.
SATVILDAY.
DISTT:IIIIING A CONORIWAIION.

Aria buisfiert, sp:d 50, a tall, respectable-lo..king woman,
was indicted for wilfully and maliciously diaturhiug a con-
gregation of persons assembled tor r.ligious worship at
Bath-strew diisenting chapel
It appeared from the evidence of several of the elders of
the congregation that the defendant came into the chapel
during service on the Rth inst., in the evening, and during
the sermon sho was continually annoying the congregation
by calling out as loud u she could that they were all wrong,
and that she was sent there by the Lord to put them all
right, in the spirit of love. She used such other expreasions
uto create a great deal of disorder, and they were obliged
to bare her turned nut. This was not the first time she had
visited the chapel, for she bad often come there during the
last two yeah and created similar disturbances. All the
comp:ainants wanted was to prevent her from annoying
them any more, and they would he satisfied if she would
promise tter behaviour for the future.
The prisoner, upon being asked by the magistrate if she
would give this promise, refused to do an. She said she
must go where the Lord commanded, and her mission was
lore. She tsok her seat peaceably in the chapel, and when
she heard Mr. Armstrong speak she loved him, as he had
direct communication with tiod, as she had.
A police-constable stated that she had been repeatedly in
custod for disturbing different congregations. On the
saneally she was now charged with creating a disturbance,