The Express.
London, England, 1849-01-12 00:00:00

BAIL COURT.—YarmaDar.

Mr. Justice Sri* took hi , mat upon the bench, and after
ditposing of two unimportant mottons, precemled to it at
Niii Prim.
Limn e. Ctrs% —Dicta oe Bacmanos.--Mr. Came
was emsaw I for the plaintiff, and Mr Browne for the dotes-
dant. This was ea scion brought by an imagery and bill
diameter estrying on business in Argyle pls.., as the
balder of • bill of fathead*, as the defendant as the
drawer, to recover the sum tga. at. wag two yam.
interest, at the este a 40 per cent. on the hill ia queeMa.
Tye eircusetasess of the ems sere as follows :—The dohs-
dud h d draws • kill for 6001, t as able three maths after
state, on his another Sir Simon C ark, which the litter had
accepted, sad on the 30th of May, 1844, the plaintiff die-
masted the bill, eving the rehridast the sum of 4601. It
was then agreed between the parties, by • written
=llest, that the defendant should pay the
40 re cent. per imam for all the time dense
whisk the bill should resale unpaid after it beams doe.
The bill was not raid by the plaintiff until warty two years
slier it arrived at maturity, twin paid in the math of
July, 1616, sad beam the present claim for the two years'
laterest. The learned counsel for the plaintiff, is his apes-
fog Woos, stated that his client's object was sot so much
to meter the sum fag whi h he sued as to establish his
right to do so, sail the validity of the agreement he had
mode whit the first wimem tilled en be-
half tithe pkilift wee Kr. George Gesaman, a solicitor,
who preeelf the Immillereitisr of tne diem dant to the agree•
meat salmi Me ImMeres Wu and the plaintiff, bearing
OOP the UM
_of Kag, 1161.—Mr Brnerne, on behalf of the
..samdeett, ea lmamM that the egreement amid not be ad-
sheik odium. The deed e leaked • warrant of M-
t may, * glide peeier Wee gives far an appearance
to be Masted tee the rtelen.lent, is rd. r that he
Takla ashes judgment in mar the bill in question
Ire interest thereon should net be paid. The agreement
:sly bona haft-crown sereenteut eta.- p, and where a power
of attorney to eater as eptu-hr arc* sad eontree judgment
was gives, the swap act feted ed a higher .temp. The
'earned mesast therefore au .quitted that the agreement
could not be read in eridence.—Mr Jenne* Site overruled
the oblectits, at the mate time giving law to lb. Browse
to metre sprat the polar. The agrm most was then put
sad read.—On ermawasminatios by Mr. Broersealr. Hens
man stated that the plaintiff was Mien in tiv, habit at Chinn.
acs 40 permit. foe discounting hills. T"e d-tenclant bad
beasts the may, bat was at present in the Queen's Bench
The late Sir Simon Clerk was a man of property,
bat a. amosat el the loos of that pronerty, the badly had
tales Into dtlirralties. The sent witness was a Mr. John
Itsskwertk, who proved that he was employed
to take up the 6001. bill, and that is the
miss* of July, 1816, he paid to the phial' the

sum Cl 8481. 18e. 114., bong the i nil la.
ems
at per net. apse 'Me Teat abo
ladled some enrages amentel Wilk the
Breen, ea behalf of the defenint, sahmitted Wit Men
was es reef that air Siena as* haa fferMO
Wa aldisagla his Wane Mid drawn It
Nehe NOM& that U the drawer ef dinsim
pa-
reatesa the payment of a serials sem as Memo Si SIN
hshler„ It lid ass daft whether the party Mend es has.
seseptedl Ms bM fii -meanly lams es Sr ant —Kr. Blown
also leek several elks ehjemises, all el wbid Ms kinship
overruled. bet scowl Mew to the hared esamil le men
epee Mom.—Mr.Bnowee then eadeassed no jury ibe Me de.
Medan, entsediag th itnalnielllfbed remind ilea mina
eipal des apse the bill gad 8 per man istereetalhe jeer Elba
not Si snsbie the plaintiff Si AMY 40 pet amt. bon a
young mss like the elfwenat, fee sash a per ageleas ems am
emsnies. Were the nary laws wan Asildted the plan
tiff would have ben liable Si peael,ies fee reesiefeg nett aa
sweat ef intern& es he sew eleimed.—Mr. Junin Erie,
samadag up, mid that the Israellsrael eseassi for the &teeniestia
bad seined that basest this mpaseasat woes a hardship,
thereikre the defendant Gant est to he mad upon to per-
form it. lie (the learned judge). stated it broadly, that U
the &Madan cemented to pay 40 per msg., be era bound
by hie agreement. It would be very pessialous, indeed, to
depart from the usual rale of law, by which parties were
bond by their contracts, bemuse the feelings of a jury
might hesought to be ezeit-d me behalf ef a party whit had
eaten into such a entrant as the defeadeat had dean If
the jury were satiated that the defendant had entwed late
the sostreet, they would Bud their verdict fur the plalatiff.—
The jury immediatele returned a verdict for the plaiatiff for
the full amount-8= 18 "d.

COURT OF COMMON PLEAS.—Yarrammw.
&Unpin Dare.
The business of this court commenced shortly before 11
o'clock. The presiding judges this tom are Chief Jostles
Wilde, Mr. Judos Mealy, Mr. Judea Croswell, sad Mr.
Jetties Williams. After gobs, twice through the bar when
two modems of practice, and of so publio Jammer, were
heard, the peremptory paper °outgoing two 'atoned rules,
wee called ow, but the learned coansel et whose instance the
raise woe obtained not bring instructed in support of then,
they were struck out from the paper, and the court come-
quietly adjoined at half pest eleven. It wes intimated
that after taking motions in the ordiaery course, the new
trial pare would be proomded with this dey.

COURT OF EXCHEQUBlL—Yagrattake.
aittlap la lento.
The prosidieg judges for the present term ars Sir F. Pol.
lock, CM., with Berms Parke, Aldermen, sad Platt ; Mr.
Bane Rolf* at chambers.
Iw as COBBITT.—HastAI Cobbet`, who
appeared by writ of habeas corpus, repeated kis application
to be discharged from the custody of the keeper of the
Queen's Prison, where be has been for many years confined
under an anactumat from the Court of Chancery. The
grounds relied on were similar to thee, already urged by the
applicant as many occasions. He °outward that the attach.
mint was illepl, and that he had been removed im roperly is
the seemil.dass aide of the prison, in which he was subjected
to great restraint —Sir F. Pollock severely censured the
he repeating such motions, after having had the
of thesauri upon the subject over sad over again.
mad set iaterfere with the attachment which was
Irma hem mother court; and if Mr. Cobbett fit aggrieved
by his removal to the ids of the prison in which he was, the
proper remedy was by action against the keeper. It ap-
peared, Mr. Cobbstt adopted that oars/ V. Lanais redress.
Applications like this were a west* of the public time, and
Mr. Cobbett should be cautions lest he made them ones too
often. If he did, it wham become the duty of the, Attorney-
General to interpose, to prevent such a proceeding. The
Phan could not eatertaia the motion, and Mr. Cobbett
Mould be reminded.
Stumm v. TaantAr.—Sanrcrion.—Tbis was en action
foe the seduction of the plaintiff's niece by the defendant,
who was at the time a minor. It was tried before the lerd
Chief Berm, at the last maim of Guildford, when a verdict
was retained for the plaintiff with 2001. damns,. A rule
fora now trial, on the ground of misdirection, was obtained
last term by Mr. Cnassben, Q C., who then observed
that the damages found by the jury would sot
be eossislered Improper, if the defendant was es-
uspted from all further liability. Mr. &leant
She. appeared yesterday to show cam against that rule.—lt
wad arranged, sitar mate dieemeios, that 1001. should be
vested la two MAIM for the benefit of the chid, and if it
died, that that sum should revert to the plaintirs niece, who
should 'therein, retain' 501. The remaining 601. was k Ivan
up. Thecoice of the action to be paid by the defendant, and
all farther claims against him waived.—Thu rule laid was
discharged on those terms.