The Express.
London, England, 1851-06-16 00:00:00

those accumulations were In coarse of collection. The 1,
entry ef every one of thine cargoes had been made before
they were landed. l'he officer of customs had possession of
them.
Sir F. Pollock, C 8., said that every member of the court
was fully aware of the objections to these two counts, and, '
perhaps, the learned gentleman would pass on to the can-
sideratme of the others.
Sir F. Kelly wes very glad to hear that their lordships
perfectly understood the objections, and he would only re-
mark, that throughout the whole trial the Attorney-General
made no intimation whatever to him of his intention to
rely on those particular counts. On the contrary, the At-
torney-General opened the case, and principally rested it
on the alleged fraudulent concealment of the sugar in the
warehou. es of the defendants, and the contrivances re-
sorted to for the purpose of depreciating good anger at
Dash a corner. It was not till his (Sir F. Kelly's) lips were
sealed that the learned Attorney-General in his reply put for-
ward those other counts, and the 13th section, upon which
he found. of them. Ilad a different course been pursued at
the trial the defendaats might have Teen some evidence on
the subject. Then, regarding the St and 6th counts, which
charged that the goods and commodities being respectively
goods lisble for the payment of duties, and which had been
respectively imported sad entered to be warehoused were
respectively removed from the vessels in which they had
been respectively imported, and were not warehoused or
deposited in any warehouse or place of security. The 6th
count was in the same form, but stating that the goods en-
tered to he warehoused were removed by the defendants,
an I not duly deposited in the warehouse. Those two counts
were founded on the 13th section of the Warehousing Act
(11 and 9 Vie. chap. 91.) None of these sections required
th ot the weii;hte of the goods should be given, or that they
should form part of any entry or document. The act of
porliament sought to prohibit three sources of fraud—frau-
dulent interception between the ship and the warehouse,
fraudulent concealment in the warehouse, and fraudulent
removal from the warehouse. So soon as the goods got
into the regular warehouse, and while they remained there
uncoactaled no offence could be committed. The 13th
section enacted that if goods are removed from a ship,
and net deposited in a place of security, every
person concerned therein shall forfeit a penalty, and the
goods tie mselves shall be forfeited. These two count.
charge the removal of the goods, and that they were not
deposited in a place of security. But no offence can be
committed under this act of parliament, unless the goods
are remised to some place where they are not under the
eye and in the custody of the officers of the Oustomo. If they
are deposited in a proper warehouse, and there remain, no
offence can be enairoitted—whatever is done is done under
the eye of the Customs officers, so that it would be ridicu-
lous to say that •ny offence had been committed. if the
Crown complained of the excess of sampling, the remedy
was in their own hands ; for they mild deduct more than
two ounces from each sampling. They are not forfeited by
the remosal from one part of the warehouse to another,
although it is prohibited. But the act should be strictly con-
strued, as it is highly
Mr. llama Parke=-1 du not quite agree with you in that.
It is merely MI art in which the Crown, as representatives
of the public, has an interest.
Sir F. Kelly - The question is, what the legislature has
Mid open the sulaoct. The Crown must bring the defend-
ants within the strict letter of the act before, it can enforce
pnaltiei or forfeiture. The lath section referred to the
et moral of good‘ from the ship.• and the omission to deposit
them is any legal warehouse. Though this was only a pro-
ceeding fur the forfeiture, every person concerned in that
set was liable to a penalty of 100 f. flow could that penalty
be got from the defendants' servants who were engaged in
venuoving the goods from one legal warehouse in the docks
to another Iluw could the section be enforced as against
the defendant: servant.s for the overdrawing., spilling., and
scrapings? If it could, then the Crown might lie by fur 10
years, satil the accumulations reached 27 casks, and then, it
in one andante a pinch or a grain of sugar more than two
ounces had been taken in sampling, the Crown would claim
to roofs it the whole of the 27 make. They would also have
a penalty of 100/. from every man employed. That world
absurd, sad showed that dew: accumulations did not 11111
within that section. Then, supposing that the evident* ell
rho (*noon was correct, there had not been any fraud in the
removid. The merchant might Is' robbed, but the Crown
could not lose anything. It mattered not to the CROWS
whether the sugar belonged to the merchant or to the caw
piny. If o oho r exported on duty was due. If either lap
putted the duty will sad mud be paid, To the Crown,
tb r. for.-, it wee a matter of the most imperfect indifference
whetle r the goods b.-loaned to the defendants or to the
nwrehants. The it removal from one part of the ware-house
to another was not an offence within the 13th section. If
the t'ruwa ehould contend that the section applied to a re-
mood after the goods shall have been deposited, the result
would he that any sectolental removal or the mere abstrac-
tion of • pinch of sugar from one package, is an offence, for
it seed not be fraudulent. The math count charges the re-
seed by the defendants. Are they liable to a penalty of
100/. fur every art of removal by any of their servants,
however minute the quantity? If that were so, it was
to be remembered that the directors of the company
as large impurten were greater losers than gainers by those
andractiolo. The Attorucy-General said that he did not
impute personal fraud to the directors, but that their ser-
vants had committed them. The servants had, therefore,
subjected themselves to penalties of 1001. each for every
occasion, fur the benefit of the directors, and contrary to
their sanction and knowledge. After some further obser-
vations, de leanest gentleman concluded his argument by
Mating that the rating of the Lord Chief llaron was quite
correct, cud that the rule on the part of the Crown ought
to be discharged.
Mr. Peacock, Q.C., Mr. Macaulay, Q.C., and Mr. Grove
appeared on the same side, but their arguments were not
concluded et the ruing of the court.
TO DAY,
Mr. Macaulay, Q.C., was heard on behalf of the defend-
ant, and the Attorney-General and Sir F. Thesiger, Q.C.,
us the other side. But the arguments had to be concluded
when our despatch left.

COURT OF BANKRUPTCY.--SATCRDAY.
Bayou M.. CONNINVONMS FONINAJNIVI.
IN kr CULTN•N.

This was the certificate meeting in the eats of n. 11. Colt-
man, described as a court milliner, of Ilegent-street. his
balance- beet, prepared by Meson. Ilart, of Oeorge-yard,
extended over two years prior to the failure in It ebruary
last, and showed a sum of 1,672/. due to creditors, of which
IG4/. for reut, rates Me., had to be paid in full. The assets
were estimated at J:00/, in good debts and property.
profits had been 1,727/. • trade expenses, M 321. ; house and
personal ditto, 962/. ; lo;ws, Ma.; law expenses, GfifiL
Mr. Nicholson, the official ansignee, reported that the
hooks had been eery imperfectly kept, especially the cash-
book ; receipts to the amount of 3,000 i. had not been en-
tend. Included in the list of good debtors were—Vis-
countess Downe, Lady I'. Egerton, Lady llillary, the
l'ountess of Mansbeld, Lady L. Murray, Lady Sophia
Towers. Lady l'ust, de. During a period of two years
the bankrupt had remised as premiums with young ladies
13.5/. The bankrupt had paid upwards of 1400. fur adver-
tisement,.

Mr. fileynard, for the assignees, offered no opposition.
Mr. Lew rauce supported the applitation. He stated that
the bankrupt. in addition to the business of court milliner,
which paid very well, bad opened a retail shop in Regent-
street, and this was a source of loss. A large proportion of
the debts was due to his own relatives, and about 2771. of
assets bad been received. The profits were large, but they
were more than balanced by the Clpl'llhes incurred in the
Helmut-street shop
Ili, Honour said he could only grant a third-class certifi-
cate, and it must he suspended Welds months from the date
of the last examination, on account of the had bookkeeping
and the large amount of law espenses. l'rotection would
Ise given iu the meantime.

THE POLICE COURTS.
MANSION-not-SE.
DOnOhlie and Sm.' 4, young men who have been long
known to the ',olive. were brought before the Lord Mayor
by Tress, the officer. who said—
I was passing through Ilishopegate-street a few nights
ago, and °Went,' the prisoner,., whom I have long known
as bad character, walking along. The moment they saw
me they separated, but, as I expected they were about
some housebreaking job, I took them into custody. About '
Donohue I found nothing. When I went to search Smith '
he bold up both hands, in one of which there was a silk
handkerchief, and he cried out, " I have nothing at all
about me." I then seined the hand in which the handker-
chief was, and found in it, covered with the handkerchief,
a new skeleton key, which I have no doubt was intended
for some warehouse. The prisoners denied all knowledge
of each other, and refused kr teU me where they resided.
Donohue—l admit that I refused to let him know where
I nude, because the fact is, I keep a private still, and get
my living by it. for I find it is both safer and move respect-
able to do a little in that line than in the other way. I
sever saw this good man (Smith) before in my life. I am
altogether of the right sort. Ido assure your worship.
(Laughter.)
The Lord Mayor—l think you were convicted of smug-
gling some time arlio.
ilsaitla-1 was your lordship. I kept a private still, and
I got in months for it. They caught Tao with the pleat.
The Lad Mayor—And that skeleton key is the key of the
still-roomA--smith—Jut so, my lord.
Mr. Heisler, who appeared for Donohue, submitted that
there was no evidence calculated to show that his client had
been in Biabopsgate tor the peeper of remmitthrt a burg-
lary, whatever unfavourable ispreelest might hoe beim
made by the suspicious eatetlaimad of Mr home ettnster.
The tend Mayor—l admasoledge the widens, is ma
strong came' to Justify Isle eseamilsba, or, indeed. Ms de-
tention; but he has messed ma that be seggerb
himself by illegal means, and I ormast think of direhentai
him till I know more about him.
Donohue—l do luminous with meml respectable publi-
cans sad others, my lord. (Rotate.)
The Lewd Mayan—Well. I ammo they will have no ob•
to come froward and a character. I shell
le glad
TM tro pr ace tire=seid that they would willingly give their
addressee to the 01~ so a somak would not wad to son-
sit them of bossobrosidanTbiseevor mama' it might di-
ckies as to their Made of mmehomia.
TM Lord Myg than Mr.
at Bela: dill If tie saw
mad astwas his suspidmas the
=xpeseest Is Wifergaireibmh they ebeeld be
done, who reggae la the Ikeeeek sad pee Awl the
dyed. ellsadod by a big esumloises mad • Utile bey, so.
-11eitiss *wiry, was
the teesCeiby ewe if the Beall melee
ea imp of bodes
The bode use, whe halberd Ileee tart and • ball im=t,
an se deltemed es le weal ImAit debt te
we, sipsimal, =maid by Steil awl aural

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