The Express.
London, England, 1847-06-03 00:00:00

COURT OF QUEEN% BENCH.

THE QUEEN V. TEE INILLIIITAIITE OF Sr. GlLlls'.
THE OYEEN O. CHADWICH.—MARRIAGI WITH THE
SISTER OF A DECEASED WIFE.—Sir F. Theeiger, Q.C.,
wished to draw the attentien of the court to the importance
of the question involved in these eases. In each of them
the validity of a marriage with the sister of a deceased wife
was raised. In the former case, in which be win counsel,
there was a preliminary point, which, however, u he
thought, would not prevent the court from *maids ring the
other and more important topic. In the latter cue, the
question of the validity of such a marriage would alone be
mooted. Perhaps, therefore, the court would fix a day for
hearing them ; the first might, in the ordinary course, come
on on Saturday next, the other was very low on the paper.
It would be convenient to hear them one immediately
after the other. Lord Denman: We have to meet
thtiotber judges on Saturday afternoon, and that is
thenost day on which cases from the crown paper
will be taken this term. Is it known who elre is retained ?
—Sir F. Kelly : I arel in both cases.—Lad Denman: On
the same side T—Sir F. Kelly : To support the same propo-
sition.—Lord Denman We will hear them both on the first
day of the sittings after term, if that day should suit the
convenient* of counsel. The matter may be mentioned
Main.
IN THE MATTER OP ALLEN AND TODD.—EAIL FOR
PRISONERS CHARGED BY A CORONER'S INQUISITION.—Mr.
Pashley moved that two persons, one named Allen and the
other Todd, againet whom a verdict of manslaughter had
been returned at an inquest held in Westmoreland, and who
had thereon been committed by the coroner, be admitted to
hail. The deceased had entered a public-house where one
of the prisoners was sitting, had asked him for some rum, and
bad obtained from him a glass of ti at spirit, which he drank
in some milk ; shortly afterwards the other prisoner came into
the public-house, and from him also the deceued asked and
obtained a glue of runr,which he drank in like manner. The
deceased then Naked the prisoner who had first given him
some rum, to give him some more; the request was acceded
to, end the deceased drank a third glass of rum in milk. He
asked for a fourth glass, was refused, went away, and was
found about four hours afterwards lying in the highroad is
• state of stupor, lie was removed, attended by a surgeon,
and died the next day. At the inquest the surgeon stud he
thought it likely, as the deceased was an old man put entl2
and very feeble, and bad died of serous apoplexy, that
death was occasioned by his having taken too MIMI' rem.
The affidavits of the prisoners now stated that they had re-
fused him a fourth glass of rum, that ho had been shrinking
beer before, and that during the time be must have been
lying in the road, rain had fallen heavily.—Lord Denman :
Take a rule.—Mr. Pashley : Absolute in the first instance ?
The affidavits of the prisoners furnish an answer, and ex-
pense will be thereby saved.—Mr. Justice Coleridge : We so
net know that we have the facts before us.—Mr. Junks
Erle It will be best that cause be shown at chambers ; and
in such a case application should have been made there is
the first instance.—Rule nisi.
THE QUEEN V. DOGOLAB.—INFORMATION AGAINST AN
OFFICER IN THE SERVICE OF THE EAST INDIA COMPANY
FOR RECEIVING PRESENTS FROM A NATIVE PRINCL—A
rule nisi had been obtained for arresting the judgment on an
information which charged that the defendant—who in the
year 18 t 5 was convicted thereon—being a British subect, for
a long time held an office in the East Indies, under the East
India company, to wit, the office of President at Tanjore, and
during all that time resided in the East Indies, and so being a
British subject, and whilst he so exercised the office afore-
said, and resided in the Eut Indies u aforesaid, and within
six years before the filing of the information, did unlawfully
receive or take from Sevajee Rajah, or Sevajee Rajah of
Tanjore, 2,000 rupees, of the value of 2001., against the
peace, de., and against the statute in that case made and
provided. To this statement of the offence which ran
through the several counts, it was objected on obtain.
ing the rule:-1. That it did not thew any offence
against the statute, 33 Geo. 111, c. 52, s. 62, because it did not
state that the person from whom the gift had been received in
the Rest Indies was a peruse in authority there, or en
Asiatic, or that the gift was received by colour of the office
held by the defendant. 2. That it dill net state whose pro.
perty the money was which it was alleged that the defendant
had received.—Sir F. Theeiger, Q.C., Mr. Wigram, Q.C.,
sad Hr. Clarkson showed cause, and contended that the in-
Sinandon was in a farm which the court had already pre-
nonssud ; that the word " Rajah" sufficiently de-
mobs& dia also of the person named Sevajee ; that the
weeds " flowles Rajah" could not be token to import the
name of en individual ; that the word " gift" implied owner-
ship in the giver; that it was unnecessary to identify the
owner of the property, inasmuch as the mere taking a gift
undiluted the offence ; and that the second objection was,
se ell events, cured by the 7th Gee. IV. c. 64, s. 21, since
the very language of the 33rd Geo. 111. had been followed.
—Sir F. Kelly, Q.C., end Mr. Peacock were beard in sup-
jurt of the rule. The court took time to consider the
dgment.

BAIL COURT.
Before Mr. Judice 7/1414mea.
THI QUEEN o. 012404.—QU0 WARRANT°. THE
Orrice 47 CLERK TO COUNTY COURTS UNDER THE New
SMALL DEBTS Acr.-81r F. Thesiger moved for a rule
calling on Mr. Gibson to show cause why he held the office
of clerk is the County Court of Hertfordshire. The appli-
cation was made at the instance of Mr. Ablett, whe had
held the office of clerk to the Court of Requests at St.
Alban's for 21 years; and the question arose on the con-
struction of the act 9 and 10 Viet., c. 91 (the Small Debts
Act). Previous to this act there had been two Courts
of Requests in Hertfordshire, one of which was
held at St. Alban's and the other at Watford.
By the 6th section of the statute, county courts were
established, and by the 6th section, all the acts for the esta-
blishment of former small debts courts, were repealed. By
the 34th section, all the clerks who held office in the old
courts were continued in their offices without any aew ap-
pointments being made. But under the power given to her
Majesty in council, by the 6th section, an order in council
sou issued, by which the old courts were abolished two days
before the new courts came into operation; the effect of
which wu to vacate the offices of the clerks, and in the pre-
sent ease Mr. Gibson had been appointed under another
provision of the act, in the place of Mr. Ablett. It was evi-
dent that the intention of the legislature was to keep the
old clerks in their office, and as this was a most important
question this proceeding was adopted—Rule granted.

COURT OF COMMON PLRAB.
Si in Ranee.
STEAD O. ANDIRSON.—WOOD PATIMENT.—ALLEGED
INPRIDOLVENT 01 A PATINT.—Thi. EMI was tried before
Mr. Baron Parke, at the Guildford assizes, when a verdict
was entered for the plaintiff on certain issues, and for the
defendant on the moat material points in dispute. It was an
action for the infringement of a patent for a new process of
wood paving. The plaintiff, by his specification, claimed to
be the lint and true inventor of a mode of paving, " by
means of woods" blocks, Out or formed of similar sizes or
dimensions," and plead on the earth with the grain of the
wood in a called petition. Another feature of the patent
was, that the Meeks were to be of a sexegonal form; but the
phdatilf week ea So say, " I do not confine my claim to
essmeal bloats, as triangular or square blocks placed din-
day be used with advantage." The pleas were,
not 'silty ; that the phdnilff was not the first and true
invader, that the invention wee of no public use or benefit,
that the pew was not trallelantly described in the speciflea-
liss,sdthat do laveatka was publicly known, used, prac-
tised sod publithei previous to the plaktiffs patent The
lesesad judge teld the jury that an auntie part of the
plaintiff's claim was, that the blacks should be placed in •
pukka with the fibre as vertical u possible, the sides being
pospeadicular to the horizon." In his opinion, the blocks
produced as the plaintiff's invention were not quite vertical.
The jury found a verdict for the defendant on the plea of not
guilty, and also on the plea which contained the allegation
that the invention was known and published previous to the
date of the plaintiffs patent. A rule nisi had since been
obtained to show cause why there should not be a
new trial, on the ground that the learned judge
had reeted the jury in telling them that
I they must construe the word " vertical " as strictly as
possible ; and that, if they should think the process of pav-
ing adopted by the defendant was not based upon the plain-
tiff 's principle in respect to the vertical fibre, they could not
find that the patent had been infringed. It was contended
that the iomediudge ought to have allowed a little more
Ittittide to the pedettff is the application of the word ver-
tical, and that he did not properly leave the question to
the jury as to whether or not the defendant bad been guilty
of a fraudulent infringement. His lordship bad said
it did not appear to him that there had been any fraud
on the part of the defendant ; and, in reference
to the plea which 'dated that the alleged invention was
previmaly known, published, etc., he told the jury that, if
they should be of opinion that it had been made known to
the public by mamas of a letter written (as proved in evi-
dence) by • Mr. Hurd, to the floeisty of Arta, their verdict
on that Issue would be for the defied t. It was now con-
tended that this was a misdirection ; and, with respect to
the construction to be put upon the word vertical, it was
urged that the plaintiff only intended to use the tam in
contradistinction to the word horizontal, and not in its most
literal sense.—Mr. Salient Channell sad Mr. Pete:taloa
now showed cause against the role ; and Mr. fierjeant She*,
Mr. James, and Mr. Webster, sneered is support of it.—
The argonaut' were not quite emcluded when the court
rose.

COURT OF EXCHEQUER.
Monte in Haste.
EM'S O.IItWOOD.--SIDUCTION.—Loss or SER-
vicia.—This was ea onion of teaspsss be the seduction of
the plaintiff. dasedner by the Wring. At the trial
before the Lord Chief Ram at Osffdhell, the subject of the
action, who was the prim:pel wirer be the plaintiff,
deposed to her eintat oil with the dander, end the birth
of her child at prig* which rendered # inpredbn that he
could have been 11. ham, a surgeon brims pored that it
was a thillireen died. The lassoed Jute tali the jury,
that If am wen ofguidea the dreads* wasnet the father
alike dui whir bh had eared the dime el the
Virsill•Saniw, sad the Is. et bra asnless darn, her inner,
Own wee no Bread d rem The jury havbe bead •
loran he ths oikenotroolo w.subsegoo Attained
on the pseoti d ssisillessdas, gad she open sliavits. It
was eargeded died the arks weal& Yq be the =era con-
neaten, whisk neseated tea traps* tie add* the plaintiff
was entitled te mew derage..—Yr. Hughey, Q.c.,
oiler* men yeirday, and anatatned that the eould
set be meshed wither areal bus of orvies. It would be a
dangers parelan establish, be if thi. action ceedd lie,
tire* aoriel logs was .fared, and ao child hell been
the mak d alosalsa between*. defirlent and lip plain
tlff's deogelner, orgy isaldrevent who happened to be-
kind we rearidei le take a walk hat a era with** her
meter% enenot, right biome • wirer to sestida motions
shallar to the preen* However Oat distil., was coin-
MalLassaltegiele:namber doeldrela ha while It • was
would not lie by a that Mr the Ices of
Hands sI dwasheor, eves where birth wee the reeds of

her intercourse with the defendant, if at the time it warred
she was not living in her father's family.
Mr. Baron Alderson observed that if that role prevailed,
the local courts would soon have plenty of work. An in-
genious attorney, for instance, with an indecorous maid-
'errant, might have an action for every day in the year.
(Laughter.)
Mr. Prentice supported the rule and contended that
although the action would not lie unless there was a loss of
service, damage was implied by the law in all cases where a
piety's right wee invaded. It could not be denied that the
debauchery of a man's servant was an injury to hie right,
and a sufficient injury to maintain an action, though no
actual for of service arising from illness ensued.
Mr. Baron Alderson remarked that the services of a
daughter would, of course, be leas acceptable to a father
after her misconduct. [Tie ease of " Rive)! tr. Wells," (7th
Men and Grainger, p. 1035) was then cited, to show that the
Court of Common Pleas held that the action would not lie
without the alb station and proof of loss of seerioe.)—The
court held that there was no misdirection, and a rule to enter
a nonsuit was granted.—Judgment for the defendant
accordingly.
SIDEBOTTOM o. THZ COMMISSIONZIIS OP TEM GLOSSOP
RESSRVOIRS.—PowsH TO NAYS RATH!. UNDIZ A PZITATZ
BTATUTZ.—This case came before the court spat a demurrer
to a replication, in an action of trespus, while was brought
to ascertain the defendants' powers, under he statute by
which they were incorporated, to impose monis rates before
the completion of three reservoirs which they ware author-
ised to erect. The question was, whether the est esitheriesd
the imposition of a special rate on the congaed= et soh re-
servoir, or whether the whole of the weriorsabrald be AM
finished, and • general rate then made.
Mr. Baron Rolfe, who called Ass but erdi not obtain, a
copy of the act of parliament relied ups, rid It was very in-
convenient for the court to proceed with eases of that de-
scription, which turned altogether upon the construction of
private statutes, when copies of them were not furnished to
the judges. It would be well that the difficulty, which was
obvious should be understood, and that, in cues like that,
the court expected copies of private acts should be supplied
to each member of the court just like demurrer books—The
arguments were then proceeded with—Mr. Watson, Q.C.,
having been beard for the defendants, and Mr. Welsby for
the plaintiff,
The court were of opinion that the defendants were em-
powered to make a rate upon the completion of each of the
reservoirs, and that they were, therefore, entitled to judg-
ment, which was pronounced accordingly in their favour.