The Express.
London, England, 1847-06-07 00:00:00

THE EXPRESS, MONDAY EVENING, JUNE 7, 1847.

fin, eidem by a good original appointment, or emb-
arkment ratified= of an informal appointment, in such a
Magee as that be meld not be treated as a mere stranger,
we his OBIS IMO flat was vacant. That being eo, and no
lawful step far removing him having been taken, the office
was not vacant when Mr. Orintehaw was appointed, and the
first issue must be found for the crown. The next two issues
must be found for the defendant, became, as general business
may have remained undone at the first of the two meetings,
there was no ground for supposing that either meeting. had
been irregularly held. But with regard to the last issue,
which, in fact, raised the question whether there had been a
power in those !mumbled at the last meeting to do what they
had done, there could be little doubt but that it must be
found for the crown. The council had undertaken at that
last meeting to exercise one of the most important duties
that devolved en it without notice to all the members that
they would be called on to discharge, such a duty. It was
not necessary to determine whether or not this election could
have taken plies without specific notice at a quarterly meet-
ins, as a thing included under the term " general business."
But, as nothing was more dangerous than that a power of
this kind should be ex.reised improperly, and for jobbing
purposes, and nothing more important than that the mem-
bers of a town council should have specific information of
the business which is to be transacted by that body, the
court would not, unless constrained by strong and absolute
words, approve of any act, least of all of nee soweighty, done
without such notice. Such words were not to be found in
the statute, and therefore, on this issue also, the verdict
must be for the crown.—Judgment for the crown.
COURT OF EXCHEQUER.
Sittings in Bunco.
PICTOR O. TAPT.—PRINCIPAL AND AGENT.—AMOUNT
OF ACTUAL KNOWLEDOS NECESSARY TO RENDES TEE
PRINCIPAL RESPONSIBLE FOIL TILE ACTS or AN AoarT.
—This was an action brought by Mr. J. Pieter, a
stone-mason, residing at Bexhill, and carrying on business at
Paddington, against the defendant, who is an extensive
stone-meson and builder, carrying on business also at Pad-
dington. At the trial, which took place before the Lord
Chief Baron, it appeared that the came of action arose out of
the following eirecunstanose: the plaintiff's brother, Stephen,
who died insolvent in 1846, and carried en some budgis as
a builder on his own account, conducted his brother'. estab-
lishment at Paddton, and was in the habit of buying stone
of a different description from that which was dealt in by the
plaintiff. The accounts bad been settled in 1843 and 1844,
by Stephen, who allowed the defendant to set off the stone
so supplied by him. In 1845, the defendant bought Box-hill
stone to the amount of 291. from Stephen, and supplied in
return other stone to the value of 541., together with see
vices, such as wharfage and cartage, to the extent of 201.
Stephen having died in 1648, this action was brought to re-
cover the 291., to which the defendant pleaded a set-off to
the amount of 561., being the value of the stone supplied to
Stephen, and the claim for cartage. A verdict was taken for
the defendant subject to a motion to enter it for the plaintiff
for 291., if the court should be of opinion that there was no
evidence to go to the jury to support the set-off,
and a rule having been accordingly obtained, Mr.
M: Chambers, Q.C., and Mr. Dasent appeared on Saturday
to show cause against that rule. They contended that al-
though there was no direct evidence of the plaintiff's know-
ledge or sanction of his brother's transactions, so as to ren-
der him liable for the stone purchased by Stephen, he was,
notwithstanding, liable, as it was hie duty to investigate and
check the accounts. If the plaintiff had looked into them,
he would have discovered that his brother had authority to
act es an agent hoth te sell and buy. He possessed =pie
means of knowing the extent of his liability for the acts of
his brother, and as be had neglected to avail himself of
those means, the defendant should not be precluded from
treating the debt due by Stephen as a set-off to the present
action.
Mr. Martin, Q.C., and Mr. Willes, who appeared to sup-
port the rule, were not called on by the court, who were of
opinion that the defendant was bound to give positive evi-
dence of some knowledge of Stephen's dealings with him on
behalf of the plaintiff. There was no evidence to go to the
jury to support the defendent's plea. It did not appear that
the goods purchased by Stephen had been delivered at the
plaintiff's establishment, nor were any of the invoices sent to
him, and it appeared that many of them which were sent
with various lots of stone were headed "Mr. Pieter " only,
which left it a matter of doubt whether credit was given to
the plaintiff or his brother. With reference to the claim for
cortege it was altogether different. The defendant proved
that the services were useful to the plaintiff, who upon a
former occasion allowed for them. An arrangement baring
been made to allow that item, the rule was made absolute to
enter the verdict for the plaintiff for 291.
The court rose at two o'clock to meet the other judges in
the Exchequer Chamber.

LAMBETH COUNTY COURT.
THOMPSON O. WILLIAMIS.—Tar GRERN-EYED MONSTIE.
—This was a plaint for the recovery of 121. 12a., for twelve
weeks' board and lodging of defendant's wife, to which de-
fendant pleaded non-liability, on the ground of incontinence,
for a supposition of which the husband had twice driven her
from home, and she obtained shelter in the house of the
plaintiff, her father. The defendant stated, that he had for
three years after their marriage lived in perfect harmony
with his wife, when they became intimate with • Mr.
Brown, who became a enfant visitor. He was at all parties,
where he waited oa Mrs. Williams, danced and sung with
her, and paid her the most marked attention. Ph. never
dropped her handkerchief but Mr. Brown picked it up. If
she walked out alone, Mr. Brows was sure to meet her.
Coming from church—there was Mr. Brown. At Gravesend,
orw az other place, still Mr. Brown presented himself, till at
length) Brown's
Mr. image haunted his mind sleeping and
waking. Having. learnt from his arrant that Mr. Brown
was a constant visitor during his (defendant's) absence, he
considered she bad been unfaithful to him.—Mary Jones,
defendant's servant, proved that Mr. Brown had made se-
veral alio on her mistress during her master's absence ; but,
In answer to questions from the learned judge, said she had
observed no improper familiarity.—The learned judge
summed cep most eloquently and elaborately saying, that
whateverimpropriety defendant's wife might have com-
mitted, there was an absence of proof of such criminality es
justified non-payment of plaintiff's claim. Defendant must,
therefore, pay the amount.—The defendant seemed much
impressed with the judge's remarks, and on leaving the
court joined his wife, and after a few words, both walked
away together in perfect sociability, the green-eyed monster
being evidently dolla by this proceeding.

POLICE.-K -ATUBDAT.

11ANSION-HOUSE.—EITIAORDINART Scisz.—Char-
lette Earl, Ages assith, and five other pauper girls, were
doled with rialto conduct. On Friday using they
'Ward at the Oily of Leedom Cake for MK and were
told to welt • few edam...Lend they &obi ressio an order
for hfulbacwagh Hew, raliber, when they weaseented
• volley of alrame, it *s meet &suiting lengeammwartia
the MOO. elbow% end Omsk soit et them. Being con-
veyed O the slOismirasene, they Ore elf the door of the water-
closet, modal Who demo" sod whim Oho to the Manrion-
home ad' la the somoiseb they toe brawn the wire blind
whhh pielimeed the Oslo% sod imusbed several squares
et bidf en Ina flood, wed mesitted other
. Oa being pissed M the bar, the moment
the relieving Onto Zoos mein hie
they abused him with the viler sod sesta=
language, and than imuusaneed tint enall
Ado eompeliing the Olsen to keep a ftk &tense.
They also &mailed the aldermen with the vilest
and ewe girl, Rebecca lhaftraw, took a loge fired ir
from beneath her clothes, midi she holed at the heed of
Abloom Oibbs ; it bower bromatsly =heed him, bet,
stook off the City arms from the tem ef the chief magis-
trates their, and made a deep iolenteften in the wall be-
hind, end on swing the others melting pseperations for simi-
lar otheisief, they were, lzawde biojedfolely handcuffed,
than& with the greatek km then a down offi-
cio be
area
to rhea apratra. Tbe prisoners
were selling ee pay a Mr af 411 s. ea* end cow
mitred ilex We moths is Bedewed, sad et the esselusion of
that
big awl bail to keep the pear he eh months.
On venereedi from the bar, they wed the mist horrid
oaths sok impreendoce, dancing, wale& sad again the
geode* uproar.
mOIBIIIP-14-I,B6:raons Cohort' or ROBBIIIY.
—AM Corr, • lova, at Hasten, wee pigged et
the bar bite Kr. ems charge of stealing two
51. bank metes feels Mr. sea Deen, a straw-hat mouef ..
tow, in Barbican. The esmythiaant's evidence was to the
effect that between twelve end sue that morning he found
the primmer k altercation with • pellesma in 01441roste
reed, ad Waled him to go away MOM of being labia
to lbe simihrbeter, for white ad ibbeibtssase
aftwwiede earner Me drabs sad ea
ne
bialik a abse of*, alai rewdbaly bed
st tbe /red pubdo-bree. TM pram dot
viand te him @endow alien it his own Itoolo, to WY*
they dos WlSielibeir atr,
_aseserenied by two pang Tar,
tavita re primm rid WiriarA to bre.
llTleb=
ken the ale er
hem lrewaretbe,pelearr OEMbed
plainest to pay Se a pet, M,ar be et haled, rbe bed as
I:Marid two SE arm about Wm. The phew rid
r bare be lad wee ear ries awl ha eirphis-
our, ta eandre_blia, tor the two nab her blecket, bet
had no mar plead Ora on the table the primer
anatebeil theme,, sod pet them into his yeses, Megieg,
when arid to rim den, that they win only Ssak notes.
The arphisar dal west opt to get the emblem. et the
=but who he Mood with • constable GM low was
The emelatie, Moor, aMdbd ethaimiat,
and saw the priatee, who, ea bag tit hat be wee
seaweed of the two beak arm deemed that be
know netithog them ; and be eme dra tehea iato
euredy. MI war
bah at the tissa.-710
said thee lee the pisosor sad his Ono peels
NOMA tat the sere wino not hand. Oa the way
to the aleihrbstro, me of de two yoaeg era who fol-
lowed tell dr arriade that be had ear the landlord
take the ado. A basks =zhowever, was running
from the boo, wed mid to these young men,
why after that, reflood to go Into thitiembenee it wit-
, news, and went away, rya* they bow weft thud it.
, —The prisoner now mid he was is soy head that be had
ne recon of what took place, and Imow nathing sheet
, the notes, and what the complainant said inigirat be eimmet
, for anything that he knew about it.-1!s parr we. dm
, removed from the bar.

Anzerrantiumme.—A yawns pereen,smed Anis
ris, was changed with attempting to dyeentlemeitta the der
Los, at tinei dlapton.—Wm. llawin, a .tslimillestor, was
in the tali-house at a obit distance tree the river, at
seven o'clock on Friday niag, whoa ha Ward a woman
screens out, and running to the spot saw the hands of a
female just out of the water, at a part when It is twelve het
deep. Being a good swimmer he jumped in, and seized
hold of the prisoner's gown just m she mu inking to the
bottom, end eucceeded in dragging her to the side, and,
with assistance, got her out. The prisoner, who, it itp-
peered, had keen biding for some time a lib of frailty, but