The Express.
London, England, 1847-05-07 00:00:00

COURT OF QUEEN'S BENCH.

_
THE QUEEN O. THE TOWN COUNCIL OF LICHFIELD.—
MAT THE COSTS OF UNSUCCESSFULLY RESISTING A WRIT
OP MANDAMUS FOR ASSESSING COMPENSATION BE CHARGED
ON A. BOROUGIC FUND ?—This was a ruts calling on the
town council of Lichfield to show cause why a certain order
made by that body, for paying to Mr. Edgington, the town-
clerk, oat of the funds of the borough, a sum of 3001., should
not be rescinded. The object of the order was the reim-
bursement of the mots due to Mr. Edgington. for resisting,
on behalf of the council, a claim of 3,5201, made by Mr.
Simpson, a former town clerk, for compensation for his dia.
ming from that office. The claim had been repudiated by
the council when it was first put forward ; a writ of man-
damus to mess the amount payable in respect of it was
lased; a return was made to that writ, and issues joined
thereon, which eventually were found for Mr. Simpson.
Subsequently, the council made the order which it was now
sought to impeach, on the following grounds. —lat. Thalia the
result showed the resistance to the claim to have been wrong the
borough fund ought not to be charged therewith. 2nd. That
Mr. Edgington had not been properly retained. 3rd. That
Mr. Edgington bad not delivered a bill of coats, and 4tb, that
the order had been made ate meeting, the summons for which
did not specifically draw the attention of those summoned to
the fact that the payment of these costs was to be considered.
Mr. Serjeaut Talfonrd and Mr. Cowling showed cause, and
contended that the proceedings had been regular, and that as
the claim was an attack on the borough fund, out of which
all oampensatien must be paid, that fund was clearly liable
for the costs of resisting it. Mr. Whateley, Q.C., aad Mr.
Cole were heard in support of the role.
The court was of opinion that as the good faith of the re-
sistance offered to the writ of mandamus was not impeached
lay the affidavits in support of the rule, it molt be taken to be
admitted. That being se, the council were entitled to charge
these coats on the borough fund, and the wilt question was,
whether the proceedings had been regular. The cunt
I thought that they had been ; and that as to the non-delivery
of the bill of costs, the time when the vote for payment was
taken was the proper opportunity for taking the abjection
founded on it. With regard, however, to the general extent
of the particular remedy which had been employed in this
CUR, the court conceived that the Municipal Corporations
Ad had empowered it to deal comprehensively, and with
reference to intrinsic matters, with orders of town councils
removed into this court by writs of certiorari, and PO had
enlarged the ordinary rule, which, in such cases, limited its
powers of relief to defects apparent on the face of an order
when removed. Rule discharged with costs.
THE QUEEN V. THE HON. AND Rtv. J. OIFFORD.—MAN-

DAXOS TO ROSTORII A PARISU CLIIRK.-Sir F. Thesiger,
CI.C., with whom was Mr. Betham, showed cause splint a
rule which called on the vicar of Shalford to show cause
why a writ of mandamus should not lase, commanding
him to n store the prosecutor, Mr. Sturt, to the office of clerk
of that parish. The dismissal took place in November,lB4l,
whea a Mr. Onslow, who died in February, 1844, was vicar.
The successor was a gentleman named Barlow, to whom, in
May, 1846, the present vicar succeeded. The application
was clearly too late, for Mr. Gifford had no means of en
porting the dismissal if it had been lawful. Mr. Selfe, in
support of the rule, insisted that the prosecutor wee not too
late, uhe had, in 1843, applied, by his attorney, to the
churchwardens of the parish, and several times person-
ally to Mr. Onslow, without meeting with the refusal Deese-
wiry to constitute hie right to a writ of mandamus; end
since 1843 has been too poor to prosecute his claim.
The court thought that every question of the timeliness of
an application must be decided on the particular facts of
each cue. In saving, therefore, that this application had
been made too late, it must not be understood to lay down a
rule that the particular period, which in this case bad
elapsed, would, in every cue, preclude from this remedy a
party complaining of loss of office. if poverty was an
excuse, a proposition which it did not assent to in this
instance, it could not be set up, because the prosecutor had
been able, in 1843, to employ en attorney, and a succession
of fruitless applications amounted to a refusal. It was quite
plain that Mr. Gifford ought not to be called on to defend an
act of his predecessor, Mr. Onslow, after such a lapse of
time. The consequences of what might ensue if Mr. Onslow
should die, were deliberately risked by the prosecutor when
he allowed more than two years to pass by without com-
plaint to the court, instead of coming promptly. The rule
against stale applications was framed to prevent persons,
properly dismissed, from being restored to office because the
evidence of their misconduct was destroyed or forgotten.
Rule discharged with costs.

BAIL COURT.
Before *Cr. Justice Coleridge.
111..R10W !. HARVEY.—LKNOTHENCD

roa Darr.—Mr. Edwards applied for a rule to discharge
the defendant, who was a prisoner, out of custody, the plain-
tiff in the action haying died in 1830. It appeared that the
defendant in 1812 mortgaged property of the value of 801.
• year to the plaintiff, a eolicitor in Bomenetaliire. In 1826 this
action was brought against him, end he was arrested on
memo process, and a verdict was rsbsequently found against
him for 8261. The plaintiff baring died in 1830 his two eons
and his widow, who were sei erally executors and adminis-
tratrix, died also in a year or two, and the defendant had
ever since remained in custody. The prisoner was now 76
hears of age, and the representatives of the plaintiff not
aving taken any steps for so long a time it was presumed
that they would not do so. The rule ought therefore to be
in the first instance.

Mr. Justice Coleridge thought the length of time nave
induced a suspicion that there was something more thus
appeared ; the rule, therefore, could only be to show cause
-ss

COURT OF EXCHEQUER.
The full court .at in Banco, but no ease worth reporting
was diapoeell of, although several rules in the new trial
paper were artroatl.

Z`ulrscrs.—Before Mr. Sum Aldo/von.
Diva v. Dismiy.—A.aa Szavetire la 01DIAAB7 TO

RUE QUEIN PRIVILEGED PROM ARILEST ? —Au action
bad been brought by the plaintiff against Mr. James Cathrow
Disney, who, it appeared, was appointed to the office of
Rouge Dragon Punuirant at Arm., in 1797, and continued
to perform his duties as such until the 23rd of September.
1813, when he was appointed, by letters patent, Somerset
Herald at Arms, en office which he still holds. On the 23rd
of October last he was arrested, at the suit of the plaintiff,
who was subsequently called on by a rule to show cause why
the defendant should not be discharged out of cuatoiy of the
Sheriff of Middlesex as to the present action.
Mr. Bramwell showed muse yesterday spinet the rule,
and contended that the defendants office was not such as to
entitle him to privilege from arrest—he was not a servant in
ordinary to the queen, in the legal sense, and such servants
only were entitled to privilege. Ilia duties should be con-
tinuous, and in personal attendance upon the sovereign ; for
instance, yeomen of the bedchamber were servants in ordi-
nary, because their services were frequently required in at-
tending the pinion of the sovereign.
Mr. Baron Alderson—The question is, whether the sove-
reign must be attended in a personal or regal capacity to en-
title the servant to privilege.—lf the queen thought proper
to prorogue parliament to-morrow, would it not be the duty
of the defendant to be in attendance ?
Mr. Bramwell—l don't put the question altogether upon
the nature of the service to be performed.
Mr. Baron Alderson—But, if you arrest one, you may
arrest another. Suppose all the heralds were imprisoned, as
the defendant is, and that the queen was minded to pro-
rogue parliament, should she do so without a herald ? Ido
not say the world would come to an end in consequence, but
a great deal of inconvenience might certainly arise.
Mr. Bramwell contended that the defendant's duty was to
attend upon extraordinary amnions, and in no sense of the
' term could he be considered a invent in ordinary. Ladies
of the bed-chamber were privileged, because their duty was
to be in personal attendance upon the sovereign, but the
defendant admitted he was unable to discharge his duties
now from illness. There was no direct authority to show what
"earvants in ordinary" meant ; however, it wan clear they
should be in constant and regular attendance as members of
the royal household. It appeared, a petition was presented
to the Duke of Norfelk (hereditary earl marshal) praying
for liberty to arrest the defendant, end his lordship declined
to interfere, stating that the defendant had not been, for
many years, in attendance upon the sovereign in his official
capacity as Somerset herald. The lord chamberlain' who was
also applied to by the plaintiff, with a similar object, declined
to interfere, so that the privilege which the defendant
sought to establish, and which belonged to the crown, was
abandoned by the renunciation of the earl marshal and the
lord chamberlain.
Mr. Baron Alderson : I am not quite sure that the crown
has the privilege. It is the nation's privilege. We do not
want to see the Queen go to open parliament in a hackney
coach. (Laughter.)
Mr. Bramwell : Does your lordship think the crown has
not power to prevent the arrest ?
Mr. Baron Alderson: No. It is reasonable to sciprie the
crown would not employ persons unable to pay then debts.
The peeper prevention would ',se n.t to allow such perons to
hold privileged offices.
Mr. Bramwell, after much further discussion, submitted
that the rule should be discharged, and that the defendant
should be left to his writ of privilege.
Mr. Wiggins supported the rile, and contended that the
defendant had a right to be discharged by the court upon
motion. The affidavits stated that he was a servant in oral-
nary to the Queen, and as such roes ived his salary regularly,
even for the last quarter. That his duties were to linen('
her Majesty personally, whenever and wherever re-
quired, and especially upon the opening and proroguing
of parliament, upon all royal marriages and funerals,
upon her Majesty's public attendance at the Chapel Royal,
also upon coronations, and upon all state and collar days,
upon all installations and investitures of the order of the
garter, as well as upon many other state occasions and public
ceremonials. The learned counsel referred to a number of
authorities, showing that the sovereign's chaplain in ordi-
nary, or coachman, or even a person who had been employed
as candle and fire lighter to the Yeomen of the Guard at
St. James's Palace, was held entitled to be privileged from
arrest.
Mr. Baron Alderson thought persons might be servants in
ordinary to the sovereign without being continuously in per-
sons' attendance. All that was neceseary to show was, that
they were frequently required to be in attendance, which
meant merely that they were liable to be called upon at all
times, and were bound then to discharge their dirties. He
thought the defendant was a servant in ordinary to the
Queen ; but before pronouncing a final opinion (his lordship
intimated) he wished to confer with the other members of
the court. If, however, the rule should be made absolute, it
should be upon the terms that no action should be brought
against the plaintiff, and also that the defendant should not
have the costs of that motion.

COURT OF EXCISE.
(Before T. Harrison, Esq., H. F. Stenhenaork, Eq., and C. Roes, Ce.q.) li
ILLICIT Durrit.L•now.— William Morris, of 27, St.
Peter's-street, Bethnal.green, was chanted with working
illicit stills, with intent to defraud her Majesty of the duty
thereon.—Mr. F. Pargiter, an officer of excise, stated, that
in the evening of February II last, he went, accompanied by
Mr. C. H. Pargiter, another officer, to 27, St. Peter's-street,
Bethual.green. They made separate entrances to the pre-
mises, himself by the front door, and Mr. C. Pargiter by the
back, and having met in the house, they went down into the
front kitchen, where they found a still, set in brick-work,
and ruuning off strong spirits. They then went into the
back kitchen, where they found another still of very large
dimensions in full work, with a quantity of molasses wash
prepared to continue its operation. Two men were so busily
engaged in the room, that for some time they were unaware
of the presence of the officers, one of them holding a funny 1,
while the other was pouring spirits into a bidder ready for
sending out. They seised the men, and took them before
the police-magistrate. At the time of their entrance to the
premises, from the information received, they bad no idea
whatever that two dills were in operation on the premises.
The stock of spirits seized was not large, but was of a very
superior quality.—The court gave judgment against the de-
fendant in the penalty of MI., and condemned the whole of
the seizure.

POLICE.—YEarzaDAY.

MANSION.HOUSE.—Romuwo TICE DEAD.— W. Davis
and Mary Ann Pearce were charged with the follow-
ing singular robbery.—Mr. Ford Hale, of Cannon-street,
churchwarden of the parish, stated that in consequence
of information which be had received that morning
at a qusirter-past nine o'clock, he went to the house
No. 10 in Cannon-street, which had been occupied by a
person named Mary Ann Bobbett, who was amused as tenant
of the house, and from whom he received the rates. When
witness arrived at the house he found Mr. White, the col-
lector of the tares, and two of his men there, and they said
that the house bad been ransacked of every article of furni-
ture except a bed on the second floor, on which was the
corpse of Miss Bobbett, covered with a sheet. There was
no living creature in the home but themselves, and they sent
for the deputy of the ward and some of the parochial autho-
rities. Upon going again to the house witness sew the two
defendants, and caused them to be taken into custody. Davis
said the female defendant was servant to Miss Bohbett. The
person of the male defendant was known perfectly well to
witness, who had frequently seen hips going in and coming
out, and witness had been on the premises about two months
as, state oficen order.
The nwname oertgibg
dinailiter Wraesd over tobe n
door the
proprietor of the shop, which was one for the sale of beer.
All the steps witness took in the business had been taken by
him in his capacity of churchwarden, and he considered it to
be his duty to canoe an inquest to be held upon the body.
Davis said the death of the deceased bad not been regioered,
and that no medical man had attended for a long time ; that
the female prisoner had slept in the house on the preceding
night, and that himself bad been attending behind the her
at that time, and had gone to give orders for the funeral.—
Mary Anne Pearce said she had been waiting upon Miss
Bobbett during four months, and that she had not been neg.
lected.—A policeman said he saw Davis assisting to load a
van with furniture from Miss Bobbett's house at six o'clock
on Wednesday morning. The servant was not there at the
time.—The woman was discharged; bur the male prisoner
was ordered to find one security to the amount of 401.
GUILDHALL.—EIIBEZZLEMINT. . E. Langley, a
clerk in the employment of Lewis Berger, oil and vitriol
manufactureihcwharf, Upper Thames-street, was finally
examined, c with embezzling various SUM of money
to a censiderab e amount, running over a period of between
two and three years. Mr. Joseph Perry, Jun., drysalter, of
Spitalfields, deposed to paying the prisoner the various sums
within the last two years.—Mr. Berger proved the pri-
soner's handwriting to the receipts, and Mr. Gordon Emmett
deposed to there being no entries in the books of either
Perry's or Latham's accounte having been paid.—There
were several other charges against the prisoner, but they
were not entered into. and he was committed for trial.
BOW-STREET.—Fonossr.—Eliza D. IVillionts was
charged with forging and uttering a bill of exchange pur-
porting to be drawn by Mrs. Douglas, with intent to de-
fraud Messrs. Coutts and Co.—John E. Gadd said he was
a butcher, and resided at 45, Great James-street, Limon-
grove; prisoner was in his debt about 14s. On Monday last
be called upon her, at 14, Stafford-street, Lisaon-grove ; she
then said she bad no money, but the bad a bill upon Misery
Coutta and Co. for 51., at 15 days, which she could not find
at the time. About half-past nine in the evening she called
and gave him the bill now produced, dated Watford, May 2.
lie did not give her any money, but promised to give het the
difference the next day. He took the bill to Messrs. Coutta,
and dropt it into ths acceptance box. Called upon the pri-
soner and told her that he had shown the bill to a party who
had told him it was drawn on a threepenny receipt
stamp instead of a shilling bill stamp. She said that
was no consequence, ea Mrs. Douglas always kept a quantity
of stamps already signed. On Tuesday she again called upon
him, and gave him the second hill, now produced, dated
Watford, Slay 4, at 16 dam She said that was on a correct
stamp. She left tbo MN, and came back again in a few
minutes, and wines mar back, " Pay the within to John R.
Oadd.--Sigued, B. D. Williente." Me told him that it was
of no um to take the billo to Momers. Coatis, as they would
not be paid by them till the embolism of the fifteen days.
Be ealiei et Deeft's on Wednesday ; told who be received
the W Baia, sod west whit the eonstable her tepee.Sorrsat Thentles. *Asks, wont to the radium of the
peach leek bar werbok ; and isk •w= cia
the table he Dowd two Web art ow letter now M-
imed to Messrs. Osaka.—The prisoner, in reply, said she
hid on Intention of defrauding Messrs. Coutts aid Co. She
i belbresidts bine to be good, as she had received them from
Ma. Deusbaso was her nearest relative alive—in fact, her
HenryH alater.—Mr. remanded her for the attendance of Mrs.
.

YJIRTLEBONE.—EaaxetvE ROBBERY BY A Mal-
WAY PORTER.—F. Cana, a porter employed by the Lon-
don and North Western Railway Company, was re-ex-
amined, charged with robbery. On Saturday, the 24th ult.,
Spencer, one of the railway guards, arrived at the Ewen

terminus at 3 o'clock, p.m., and left his coat in a break van;
the next night he missed it, and mentionedothi the loos to several
persona connected with the company;nothing more was
seen of it until the ensuing Friday night (30th), when a
por:er named Sharrett, on duty near the station, recognised it
on the person of the pawner, who, on being questioned, said
that he had bought it of a Jew. Information was gives to
Mr. Barker, superintendent of the railway compsny's police,
who on the game night repaired to the prisoner's apartment
in Aldenhamstreet, Somers-town, where he found not only
the coat in question, tut a great number of articles
of wearing apparel, most of them nearly new, and which had
beyond all doubt been supplied by the company to men in
their employ. The uniform buttons had been removed from
a great portion of the clothing, and others substituted for
them. He also discovered many donna of buttons similar
to those worn by the company's servants, and a number of
duplicates relating to property of different descriptions
which had been pledged.—The prisoner, in answer to the
charge, slid that he had pnrehmed the whole of the goods
found at his dwelling, some of them from servants belonging
to the railway, and others from a Jew. He was committed
for trial.
LAMBETH.—Citano AOAINAT CONNIST:A CON-
DUCTOR.—Henry Mills, en omnibus conductor, who has
been twine before examined on a charge of having caused
the deatk of Mr. Samuel Jones, an omnibus proprietor,
again attended before Mr. Norton in compliance with his
recognisance. Medical evidence was adduced which proved
that the death of the deceased had been produced by natural
causes, and not from any violence done to him. The accused
was consequently dinharged.

MONEY MARKET.

THURSDAY EVENING.

The weekly meeting in the Bank parlour was more
than usually protracted to-day, and the boarddid not break up
till nearly 3 o'clock. It is stated that subsequently some of
the directors, with the governor, proceeded to the west-end,
to meet the deputations from Liverpool, Manchester, and
other places, at the Treasury, for the purpose of a conference
with the Prime Minister and the Chancellor of the Exche-
quer. The reports were still current that the subject of con-
ference, or rather of proposition en the part of the country
deputations, was the i-sue of an additional four or five
millions of notes, on securities f.r the amount to be
passed to the issue department. As such an issue
would be in evident contravention of Peel's bill, it is scarcely
possible that it can be entertained (or a moment, unless it was
en contemplation to sacrifice the principle of that boil by sus-
pending its action, temporarily as it might be pretended, but
which must end in being fatal to it altogether. Wbat.the
result of this aggregate conference of local experience, ,of
metropolitan banking action, and official authority may be::
cannot, of course, be known now, although perhsps soma
notion of it may be gathered to-morrow. It must be men-
tioned, however, that the friends of bank directors were ,
assured this mornina of events in progress by which monetary
affairs would be improved, but without any intimation of
the process by which that desirable consummation should ;
come to pus. Some sort of notice from the Bank was looked
for in consequence, but, as before said, the Board separated
without the notification of any official act. But both yester-
day and to-day the Bank discounted more freely, and it may
be assumed from the circumstance that, as generally under-
sees& a large proportionate amount of the bills before under
&mat had run out. 14
The impression of some extraordinary action on the part
of the Bank caused Consols to open well. The first quote-
d/21n were 87 I to 1 for account, and subsequently they rose,
to 874 to 1, owing however principally to some of the larger
speculators for the fall buy mg en their accounts, under
the apprehension of a further improvement from the
tsnour of the reports in circulation. But when the Bank
broker came in as a seller of Three-and-a-Quarter per
Cents., for the savings banks as believed, the prices declined
to 871 for account, and were afterwards as low as 871 for
account and 86/ for money, leaving off finally. 871 to I money,
and 871 to 1 for time. '1 he improvement in prices at the 4,
last was mainly attributable to the Bank broker coming into s
the market as a buyer of Cousoh, although about the same
time a broker who had purchased largely yeeerday made
his appearance as a seller. It was surmised that the pur-
chases of Consols by the Bank broker, which were fee the ac-
count, were in connexion with the operations for investment
of the Russian government, to be met by the shipments of gold
from St. Petersburg, almost contemporaneously, which
would arrive in time to cover payments. Reduced Threes
were 861 to 4; Three-and-a-Quarter per Cents. 88 to 1 •
Long Annuities, 9 to 9 1.6 ; Exchequer Bills, 9s. to Ba, ifs-
count count ; Bank Stock, 188 to 9 ; India Stock, 242 to 4,
The transactions in foreign stock were an unimportant as
usual. Danish bends were rather lower, in consequence of
the pressure for money, which placed holders under the ne-
cessity of realising the most available and creditable secu-
rities. They are now quoted at 83 to 5 ; Dutch Two-and.a
Malt per Cents., 674 to 8; the Fours, 874 to 8; Spaniel
Rees were quoted 23 to 4 ; the Threes, 34 to 1 ; Portuguese,
34 to 5 ; Mexican, 194 to 20; Russian. 109 to 110.
Ties stock market was considerably influenced to-day by
the exchange coming so much better from New York on the
15th ult. as 5 to 51. It ie generally believed by the American
houses that the rates will come higher still by the steamer
next due; as high, indeed, as above 106, which would leave
shipments of gold nearly out of the question. As produce
came down from the west afterwards the higher rates would
perhaps hardly be maintained. It is satisfactory to know
that there was ample shipping accommodation at New York
for produce, and that freights had declined in cone.--
50 per cent.

&81k Pt**, 1/15 9 ........... .... A--..
m I Moor ~ exp. P 5, 1/40, 1 15.11
pee a Cs. Red. A eaw, MI 51 12 I 1 1-14
3 poe ex 424.8. A 11... V q7lc; :6 11,., 10 yew, exp. OM 10, 1811, 4
3 pCent. Adm., 1728. 8.14 I Do., 10 ps., exp. Du. 4,1180,1 4.10
New** per es. /Max, 482 711 1.18
New II per C. Avow, 117 0.. Ildlo. £1 NO. SL, 8 2 11 lls.
1011. Stock, 141 2 Dim, LK*. 03 11 1 lb.
Oosoob too Re., 878 1 1 5 111___124120,1188811, 81 14 db.

3 per Ct. Dublt nonets.lB2/..1.1-
I peter. Wale.. 1.14.128 20
W.. Aeet., Nay 11,10 e 208
I per Ct. POWWWIIe Hi... 84 I
Da Amt., 34