The Express.
London, England, 1867-01-21 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

coURT OF QUEEN'S BENCH.
in Banco.—(Before the Lord Chief Justice and
Justices Blackburn, Mellor, and Lush.)
4:LEN'TooN a'. I.E
1!.1'., said this case hail been before Mr. Jun-
chatuhers, who had referred it to the full
• I. I. wa.., en iipplication fur a rule to allow the
11,1 th. plead two pie,. The plaintiff had obtained
iigainst the Dover Hotel Joint •titock
,oy• of which the defendant was a share-
..!. 'el Lain calls hail been mule on shares

. F. the defendant had not paid, and the plaintiff had
.1 ,t said to In due front the company to the
Ile, however, denied his liability to the coin-
, }soh ..n the, and the shares. The plaintiff hail
•• 0 nt, in his declaration proceeded to declare
1... .lyres in the ordinary form. The defendant
•ail to plead two pie.. Ile proposed to pay a sum
iiieloy into court, :and as to the residue to
with regard to the VA shares that, when
the hohlet of them, it was agreed
• ai•en him and the directors that he was
•, To he liable fm them in the event of the undertaking
, ; -,t, Anil fur his second plea, he proposed to
:• that it was further .„reed that be should do certain
0, t 1.. uel deliver certain goods to the extent of not more
thin which mss to go in liquidation of the pay-
. •

• of the shares. This he -hail ilone to a certain ettent,
w.is stitl further ready to perform his part of the con-
t•-,c,. The learned counsel submitted that they were pro-
r to be allowed.
Mr. M'N.imara, who showed cause in the first instance,
too, en•leil that the directors had no right to put one
sl: aa•holder in a different position to other shareholders
wah regard to creditors as to his liability to pay calls on
:hares whirl, had nut beer fully paid up. Such a permis-
sion would be a great encouragement to fraud. This w. 45
not an esception specified by the statute.
The court held that they thotistlit they must allow the
pleas to be pleaded for so much :is they were worth. They
were d,nil•tful, but the plaintiff would base is right to
&noir.
I:ale absol^h•.

MIDDLESEX SESSIONS.
(THIS DAY.)

The.tanuary adjourned quarter se.sion, of the peace for
tie. county of Middlesex, commenced this morning at the
Clerkenwell•green, before Mr. Bodkin,
As•l't t Judge, and the following justices Mr. Joseph
Turhy. Mr. if. 11. Harwood, Mr. Charles Wright, Mr.
Lailand. Mr. Henry Edward., Mr. E. C. Johnson, Mr.
mata la. Mr. H. Hughes, Mr. l ieorge Moore.

THE t .11.[NDAR:
TL, ‘los•lar contains the names of 70 prisoners coo•
mitts d for trial, of whom 65 were indicted for felony, and
for misdemeanour. The offences with which the pi-
smire+ +r.•nd charged embrace assaults upon the police,
s from the person, breaking and entering dwelling
dieiously wounding, indecent a.ssaults, pot
sh.,!in4. robbery from the London and North-Western
v Company, embezzlement, robbery from the White-
hall Clambers, &c.

THZ 'RANI J7l:lr.
The grand jury, having been sworn by Mr. Ittunbelow,
the crier the court,
The As.ist.nt-Judge briefly addressed them on the
t. Lure of their Maks, and they retired to their room.

MIER Y OF EM EAV sMENCE.

hare! Pear, who pleaded guilty last sessions to various
indictments charging him with stealing cheques to a very
large :imount belonging to his employers, was brought
up for judgment.
Mr. ltesley (instructed by Mr. Tattoo, of Kensington) ;
appeared fur the prosecution ; Mr. Collins for the
prisoner.
In this case the prosecutors were Messrs. Francis ;
Tu her and t 0., inciters and candle manufacturers to the
royal (molly, currying on business at Kensington, and the
pnomer had been between four and five years in their
service as ledger clerk. He held a very responsible situa-
tion in that establishment, and in the course of his duties
he li.ol to fill up cheques to be presented to customers,
but, hers, and others, and he appropriated cheques
to his own use to the amount of 3WI. He pleaded
guilty to all the indictments, and a previous
conviction was proved against him in Ireland fors similar
offence. It appeared that the prisoner got into the prose-
cutors' service by means of a (sloe character, and there
was but imperfect knowledge as to the prisoner's detalc►-
tines during the period he had been us the prosecutors'
service.

Mr. Beale), said that when the prisoner applied to the
prosecutors for employment in 1862, be having been con-
victed in IS6I, and sentenced to six months' bard labour,
be gave as a reference a gentleman in Lincoln's-inn-fields,
and Mr. Tucker deeming the reference so satisfactory
gave the prisoner his own terms and subsequently raised
Lis wages.... . .

T'ollins, for the prisoner, said he bad a wife and
four children, and he believed that being pressed he had
been led to rob his employers.
The Assistant•Judgc said such cases as this rendered
it almost impossible for any commercial transactions to
be carried on, and looking at the large amount of which
he had defrauded his employers, and the fact of his
having been previously convicted—and that instead of
taking advantage of the ample opportunity that had been
given him of regaining his character, be had robbed his
employers to a serious amount—it therefore became the
duty of the court to pass upon him a severe sentence,
which was that he be kept in penal servitude for seven
years.

THE POLICE COURTS.

(THIS DAY.)

GUILDHALL
EMBEZZLEMENT BY A CoNFIDENTIAL CLERK.
Gr,,rrx Hayra, a respectable-looking, elderly man, was
charged with embezzling sums of money amounting in the
aggregate to between 200/. and 3001.
Mr. Croft, from the office of Mr. Lawbridge, presented.
Mr. Charles Philip Townsend, a hosier, of Cripplegate-
buildings, said the prisoner had been in his employ for over
16 years na town traveller and collector, and was paid by
salary monthly. His duty was to collect orders and ac-
counts. Mr. Mellish was indebted to him in the sum
of 10/. 3s. 3d., and the receipt produced for that amount
dated the 13th of Nov., 184;0, was in the prisoner's hand-
writing. The prisoner had not paid or accounted to him
for the mini or any portion of it. It was not entered as
received in the collector's book. There was a discrepancy
in the prisoner's accounts of between 2001. and 300!.
Robert John Melliah, 57, Red Lion-street. Holborn,
trimming seller and haberdasher, said he was indebted to
Mr. Townsend in the sum of 161. 3a. 3d. On the 13th of
Covember he paid that amount to the prisoner and saw
him sign the receipt produced.
Mr. Croft aaked for a remand as they hail not bad time
to et.unine the books.
The prisoner was remanded accordingly.
CLERIC ENW ELL.

IMPORTANT DECIBIoN UNDER THE EJECTMENT ACT.
This morning Mr. Cooke delivered judgment in *Me
which was brought before him by Mr. Treherne, solicitor,
ander the following circumstances
Mr. Treheme, applying on behalf of Mr. Richard Brown,
the owner of the house No. 2, Prebend-street North,
Islington, in the occupation of Mr. Thomas Charles Red-
fern, wider the 13th section of the 3rd 14th Vic., cap. 84,
fur an order to affix to the premises, they being deserted,
calling on Mr. Redfern to show muse why he should
not either pay the back rent, or why an order should
nut be issued by the magistrate, giving the land-
lord possession of the premises, which are deserted. An
action was brought by Mr. Brown against the occupier for
arrears of rent, and a judgment bad been obtained for the
amount of one quarter's rent ; but that judgment had not
been put in execution. Mr. Treherne contended that
there was now the whole of that rent due, notwithstanding
the judement of the county court, the judgment not being
put into execution ; and hence his application for the
magistrate's order to be affixed to the door of the deserted
premises.

Mr. Cooke, having taken time to consider the ease, on
taking his seat this morning at 10 o'clock said—l have con-
si.lered the application and the arguments used, and I am
of opinion that the three months' rent for which you have
recovered judgment is a merger of that rent. It
would be inmate for you to take the order at pre-
sent. There are several cases to support the
,',ew I lave taken, and I must therefore decline
inking the order, but the order might be granted when
mother three months' rent becomes due. The cases are
quite clear on the point. The only doubt I had was
•betlur a judgment in the County Court was the same as
in the superior court. but I find that they are the same.
There is a merger of the rent by the judgment you have
and I must refuse the order—it would be unsafe
fu7 tww to take it.
4r. Treherne said that it would be eater to allow the
t: rto rest until the March quarter, and then, if it
heeessary, lie would apply to the court again.
The matter then terminated.

A very shocking cage of cruelty to, and starva-
n,c of, a child is reported from Gainsborougb. The
0,!.1 was illegitimate, and its mother, who had
rnu:.,l another than its father, had with her hus-
Lad I,en guilty of such shocking barbarity that
Lbild in consequence. They were committed ou a
of wilful murder. From Hereford there also comes
IL, ',port of a shocking case of cruelty to an idiot boy,
0! 'was said to he heir to considerable property. The boy
tad. and the verdiet charged his relatives with great neg.
I,:rt ata.l cruelty.
The staff of .Ifessr3. Spencer, Turner, and Bol-
d. m. of lassou.grove, have voluntarily commenced a sub-
"Pti,fil on behalf of the policemen, icemen, and others
rendered meritorious services at the lamentable
',(naltut in the Regent's-park, and subsequently
rocoverinir the bodies. Of this subscription, which con-
4.ts principally of shillings and sixpences, a sunk of 5/. 12s.
paid m, S iy to Mr. Young, the secretary of the
r.ysl Humane Society, for distribution.