The Express.
London, England, 1848-11-13 00:00:00

THE EXPRESS, MONDAY EVENING, NOVEMBER 13, 1848.

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:en Chisheiter. Merl of Donegal. A elorkplons the banking
boom of Mean. Merles sod Co. having been smiled to peon
oho deteedaat's leadwritim Mohaneerpeasee. Mr. Smithies.
o• babel, 0 hie Midair. Mewl Mat the sors~ nee ike
bill wee as Kimono of
_Domegak whine the hat wee
mod es Sari of Memegal. emisennilly, the was so Mem
tity.—Mr. Bans Platt: The VII is ommeed by Osage
ilamilem Clikketrier.—Mr. Sulthise: Dot there is so idea.
T..
betimes the ase=lof i the boll sod the isheiast.
The Maris of the bin ; rho
Sari of DuseN is sand. asi=
would le as
mesh idestity Imerem John inn sad John Jew.
Mr. Been Platt Ito she witmes): saes the swan at
the Bank ? —Wilms : The Moilide of He Tao
beseerly Earl of Bab*, sad hie sane is Only Hamann
Chishoeser.—Mr. Smithise ammeleil that the defendant's
reel same at law was Gooey namithea Chieftain 111ampis
of Dismal, an eassenessdy dies the thrissation of the
" lest of DessW was orminern—Kr. Dena Pletinid le
&mid warn Tian to the Menne to sane fee a sersit.
—lls. Smithies aid be would rather have a assent sateen,
f his lordship's opinion was with hish—Mr. Barer MD:
Bat my opionca is net with yea.—The ease then premeds&
sad the acreptanse bowleg loots duly proved, the jeer re-
tuned • verdict foe the plaintiff for the aurenst of the bill,
with her minatlis' intermit, leave being given to move foe •
somnit.
Cools e. Antm.—Dorawmow or Goons.—Mr. Chir-
al* sad Mr. Hawkins appeared for the plaintiff, the pro.
pieta, of the limn Cups Hotel, la Alderm .testreet, who
mss; minis gene asd chattels detained by the
eamil visteellsre cabinetmaker, ia Bath-
Moot, Citr mod. Lan cia.the plaintiff, having to make
some &heretic:es la his a Mr. Metall@ as
• annoyer, sad Mr. Lifted, a UV= Chelsea, to wry
on the aberrant.. The diehaden was employed b
rumse asks Am stabogasy mesomein table', and toe
the sets mid partitions of the roam bleestreet tor 651. Of
1 this sem he UAW. pad Sti., sada IMO exchange for 40L,
E ..of which was paid, ea the orweper soon after booms
After the Inns were lied is the room the
, who came to see low the alteration were premed-
that the laKsi wen set long enough.
Istatd gesissee of Mink (who could not now
be fona.d), repainted this to the defendant, who replied
that the blame lay with Zianie, fee the tables were made
moording to his drawings. On the repromatation of Liiliard,
who stated that the • wof the altentien mast come out
of his pocket, it was ,swank* to the ranee of
Lidlard, arranged that the awl* ekes them he
Me. The plaintiff knew sonig
_et this sevesgemest, Defog
teem home at the dew. The fiiis woes ramp e&, sad the
doleadeat having mimed to Men them, the pans mina
was rammewswed. The @noun's elan who served the none
oe dame proved that the esa was made es the part of the
z=
.7 pay SI. for the alteration, cm whisk occasion tho
asked who was Mr. Cooke, end befog told that Its
was the landlord of " The Three Cups," and owner of the
tables, ke replied that his business was with Mr. Lid/an.
=that Si. would not pay teethe repairs.—Fa sheds.
Mr. Kern', who with Mr. Lush emisMsd
the defence, called • number of cabinetraakses to
wok as to the ezpesse of the alterations. Them
winsome* all agreed that the mere outlay in the alteration
amounted at least to 41. The learned counts' remarked that
the attorney for the plaintiff was also the legal adviser of
Lid aril, mad that the bill rehired to was made ;Alibis at
his office ; and be commented on the incredibility of the
statement that an agreement bad been made by Wind for
21. 10e., when the plaintiff himself tendered 31., or leo. bo-
ycott the bargain prico.—The jury returned a verdict for the
plaintiff for 401. ; to be reduced to 401. on delivery of the
tail/.
--..

EXCHEQUER CHAMBER.--SATUADAT.
causes CAM IiTAILLVEU.
Before the lord Chief Baron, Kr. Justice Loiterer, Kr. Justice
Mauk, Mr. Justice Croswell, sad Mr. Justice Erie.
On Saturday, pursuant to the provisions of the statute
11 & 12 Vict., c. 78, intituled " An Act for the further
Amendment of the Administration of the Criminal Law,"
the above learned judges met forth. first time at two o'clock,
is the Exchequer Chamber, to hear arguments and decide
en
points reserved In criminal proceedings under the powers
given in the first and second sections of the act. We have
6**re referred to this new law, but may now repeat that it
Naiad the royal assent on the 31st August lase, and that,
ewer reciting that it is expedient to provide a better
mete than that sew In use of deciding an
Mink question of law which may aria in ai-
mind trials in any coat of oyer and terminer.
and gaol delivery, and to make further mead-
ments en the administration of the criminal law,
it enacts, That when any person shell have been eon.'
victed of any treason, felony, or misdemeanour, briers
any court of oyer and terminer or gaol delivery, or coon
of quarter sessions, the judge or commissioner, or justices of
the peace, before whom the ass shall have been tried, may,
is hI. or their discretion, reserve any quts-ion ef law which
shall have arisen on the trial for the consideration of the
jueticee of either bench and Barons of the Exchequer: and
I thereupon shall have authority to respite execution of the
judgment on such amvietioa, or postpone the judgment until
such question shall have been considered and decided, as be
or they may think fit." The act then gives discretion to the
court to commit the person convicted to prison, or to take •
reeognisarce of bail. The second section provides that the
questions reserved are to be certified to the judges, with a state-
a.ent of the special circumstances upon which the same shall
have arisen. ' Full power and authority "is then given to
the mid jutices and barons "to hear and finally determine
the said question or questions, and thereupon to reveres,
affirm, or amend am judgment which shall have been given I
on the indictment or inquhition on the trial whereof each
question or questions have arisen, or to avoid such jag-
mat, and to order an entry to be made on then record, that
is the judgment at the said justices and barons the party
convicted ought net to have been convicted, or to arrest the
judgment, or order judgment to be given thereon at some
other session of oyer and terminator gaol delivery, or other
sessions of the peace, if no judgment shall have been before
that time given, as they shall be advised, or to make sack
other order as justice may require." The third funks
declares that the jurisdiction and authorities so green he
the justices and barons shall and may be entrant hp
" the mid justices and barons or five of them et the
least, of whom the Lord Chief Justice of the
Court of Queen's Bench, the Lord Chief Arida
of the Court of Common Pleas, and the Lord Chief Baron cif
the Court of Exchequer, or one of such Chiefs at least, shall
be part," and that " being met in the Exchequer Chamber, or
ether convenient plea," the jueguent shall be delivered in
open court in like manner satire judgments of the superior
mate sicommon law. The other clauses are of a ttchnical
Won, and Scotland is excepted from the provisions of the
statute.
primis*
Pram tide reellia it will be seen that the common im-
shaved that this statute his setablished a court of ati-
seats appal in criminal cases is erroneous. In fact, the
prindpal alteratioss on the practice heretofore in use are the
permission for • lesser number than the full bench of con-
nate law judges to hear reserved points in criminal casea—
te* judges now constituting a quorum ; and in the oral deli-
very of the judgment in open court. In respect
to the latter point, it has hitherto boon the
custom of the judges to meet on the mooed
Saturday of term and simply hear the arguments of counsel
on the points raised. The judgment was afterwards given
in a written comintudeation to the Secretary of State for the
Home Department, who gave directions for carrying out the
sentence, or for the liberation of the prieenen, arxeraing to
the decision of the judges. Before the hoar appointed for the
first sitting of the newly-constituted tribunal, on Saturday,
the court was filled by members of the bor. The judged',
on taking their seats, immediately graded to hear the
Drat of the two reserved eases on the
THE QUEEN O. 01/IANDO BIASTESS.—A RECORDER AND
BOROUGH SESSIONS WITHIN THE MEANING OF THIS ACT.
—RITZNI op THE CIUMII Or EMEEZZLEMENT UNDER
THE STATOTI..—There were two points reserved in this
case, a charge of embezzlement, tried before Mr. IL
D. Hill, the recorder of Birmingham, on which a OW
viction took place, the first question being whether
a recorder and a court of borough sessions ems
within the provisions of this set 11 and 12 Viet., cap. 78 ?
the second, whether money pared from one servant to
another to be transferred to • third, if appropriated in
trensitta by the second coestituted embezzlemeat of money
belonging to the master t—Mr. Miller appeared in support
of the conviction, and, in reference to the Ant point, argued
that, although from the wording of the first section of the
act, "before any court of °yet and terminer, or gaol de-
livery, or court of quarter smiths, the judge or comule.
sooner, or justices of the pass," &c., it dd not seem to in-
clude recorders or courts of borough sessions the
whole spirit et the art was favourable: to the
supposition that they were included. In the ohm
" before any court of Oyer and terminer, or, gad de-
livery, or court of quarter lesiions," the word eny"
was evidently misplaced; the construction intended doubt-
less being any court of quarter sessions." The gram-
matical construction of the schedule annexed to the set
ported this this reading, for the word " justices " was aid ha
the plural, while " court of oyes and terminer" was veld
In the singular number, The Larder was ex Elli• •
justice of the peace, and when the power to reserve pelthe
was given to the justices in county ethine, there was se
reason for the exclusion of borough meth= hem the sums
eacrinent. On the second point the homed maned mm-
tended that, according to the wording as well as die**
ef the statute 7 & 8 Geo. IV., cap. 29 the set charged
amounted to embezzlement The 42nd section declares
the appropriation of any moneys, &c., by a servant
to be embezdement, although the same should not
have been etheelly in the possession of his master.
In the prey th IMO the prisoner received the money
appropriated, hem a ahopman, it having been handed to him
in the coursed badness, and it was his duty to pay over the
same to the malme el the anablithmeat. It was proved
that It was Ids day to meshes the wasp taken by the shop-
men, end to head the same to the ailder. It was clear,
theployment, re fore, that the money was resethed In virtue of his em-
and that the money Wale .titer' s property, and
therefore that the appropriation sum embezzlement under
the definition of the statute. This view of the ma woo
strengthened by the next deur', which was enacted to meet
the difficulty whisk might arise in cues when only a single
set of embezzlement was charged, in determining whether it
was a men mistake or an act of dishonesty.—The Chief
Maroc sal the court were of opinion that the conviction was
eight, lad they should, therefore, sae the learned conned
as Walk of arguing the proposition farther. The
phew wee one of the persons appointed to
reeelth meney, and, having received and appropriated it to his
own use, he was guilty of embezzlement. The conviction,
therefore, won goad. —Mr. Justice Patel= concurred, mid,
with Impost to the other point, observed that as the Re-
mein wee ex elide a justice of the puss, he clearly came
within the meaning et the act—The conviction wee there-
fen affirmed.
Tan Qoaaw v. IW:eau= Gavarsi.—Ax Itrarcis
MINT TO cornea SECLUDES THE CONFISSIOE AS
ItTIDENCI.-714 peat Mr deaths here was whether a
sealession made by a passage wee legally admitted and used