The Express.
London, England, 1866-11-19 00:00:00

LAW

Mr. Alderman Gibbons, Mr. Alderman and
low, Mr. Sheriff Lycett, Mr. tinder-Sheriff jr;111,
Under-Sheriff de Jersey, &c.
The first edition of the calendar contains the nalreri:
prisoners, 10 of whom are out on hadl rlf ton Witt,
are committed from the city of Louden, 41) a...-
Middlesex, 1 from the Admiralty I °I;
Kent, and 7 from the county of buleet,_,j,
offences are thus classified :--31ituder, 2 :
wounding with intent to murder, 1 ;
glary, 6 ; uttering counterfeit coin, 11 forerl7- '5
: kaa4
lli ; titealing a post letter, 1 ; felunioudy oeudisg
demanding money, 1 ; perjury. 4 : • rp•-•-''
feloniously receiving stolen goods, 2; and colherrierreti
The Recorder, in his charg.: to the grand jury, riaL,
one case of murder would collie before them in ww.,l/4:
man named William Scutt waa charged with the
murder of a woman with whom he cohabited. sea t111„,1
deuce was of a most melancholy character. 1re.,0
that the parties were almost constantly drunk, r‘
while in that condition the pri,oncr WAS in tee Pro
heating and ill-using the unfortunate decease, 0,
alleged that from violence of this description thst.7:i
flitted two or three days before kihO die'. the dfio
the unfortunate woman was occasioned. It app.07,...k
the prisoner hail been bead to utter threats WTI"
the deceased, and bail been hoard to pay that
lived too long, and that he would see the end of he '"5
long; and it appeared to 1;i that, 's:pun 1111.601,1:4
would be their duty to return a true bill agolteo7 r 4-
soner. There were several cbarge; of rianalrellite,
of which only he thought it neceseetry to, call the
of the grand. jury. It was a charge aeb;ing from th
of a person while engaged in a sparrirg match. 1170
appear that this had been an ordinary boli'?;
but hail been a contest with boxing gloves.
been laid down by the authorities that whe
the er,,l.
unlawful in themselves rind death etrued,p•::--0 er
gaged in the set would be nmenable to the In'
the, ""-
slaughter. But another authority •.'reh
at" s
and athletic sports which were entered into Olet
! private recreation should not be deemed uslsinwr,,,,,o.
the parties engaged in the contest were hired for,r,,,
pose, end where the exhibition was made Tr op
Now the facts of the case appeared
°I tt:
one of the es charged was the keep
partier basd
house, had hired the men for the Rpm' in m
att 'OOl
' admitted persons to witness the exhibon o° Pl.jk
money. This was therefore illegal W
, and is lee
I ensued the grand jury would ell

COLIITWRT 0114177:137:EANYG BMX 1. .111141""Whallablidenoesdaell b.enfinicice
otnirtatr.anmanistid took
,t(1 elleffiaama
matttad74tte.:l4
the oaths
Sittings In Banco.-(Before the Lord Chief I.e._ ,„,
Justices Mellor and Shea) - --"" V bletroodn'
This morning Rai Derby and Lord thaesse, kerb, ' •
the death
by their accepting office under the crown. td. LW**, .11 would
Prime Minister and the latter as Seeseiwy- •'otret
el Ma
:mret:::::;iii;s:liroDTZZlll-7.!1i; .1.2"121W:
and on a person named Ito', the garnishee, se fee freers prof
why the plaintiff should not have execution fee VI with i• a
heel been at lobed. Theplaintiff had obtained l- 'ellt PIP°
A considerable rum of money, and had *llil - .174 •
order against Ivy, who was the teased, at. t._ tilted to
and the attachment was for the rent. The --.1_1"01, and '
Jones and Lee, were the mortgagees of the .....„‘°llleatt flag ..o,
respect of which the rent was due, but not ke'ete,...._ Ilt
They had for years permitted the mortgagee cella" pethe r
property and receive the rents of this sods sw,„_'ellk can
other farms. After the attachment the ~....-werd sold t
gave notice to the tenant to pey sir ew__-'wee had Leon
future rent to them, and it was eese.,,,-w. Id and *seri
their behalf that the notice took --7-7 el It Mores.
the attachment, and that they had a rilritrfes, Chanow7
rents. The learned counsel contended that h ess-"e11,,. been
.s_tu
ewer to a landlord in an action against his tisantir• by tee
Ter rent that the tenant had received news Celt mat4er
mortgsgoe to pay the rents to him. -"I 15, took no
Rule granted. . they emu
CHURCRWARD r. THE gum, the
The Senator-General (with whom was mt z_, , no dPoubt
said this was a petition of right to calm a pastg,"'wlf Initiated
The matter was some months since before the sect of the el •
argued on demurrer, when the court gave f, .-"stli peoettouti
the Queen and against the suppliant. m;,--•-•111 and f'
behalf of Mr. Churchyard (by permission of thePr4 Wanda a
General), having been all along counsel in the e, Xr.
had to make the following application, MUM se-.7 teta that
• agreed to by all parties to the suit.
of sanely
of the question of law which the mot and had
there wee a general traverse of the facts *sheen Premed__, ~_ h
and in the usual course that traverse should be WO = w rada •
i going to error on their lordships' decision. ge erls .."-The de
result in a waste of time and money tryin sae "'••
I should the Court in Error confirm their Toed Into a
I it was proposed that the issue in facts oath SOX
tiers should be struck out for the present, the eel
.
' at liberty to restore it should the Court of &nth*.
I favour of Mr. Churchyard. .
[ Mr. Jostle* Mellor -Yon have the manumit die
crown I
i The Solicitor-General-Yes ; and Mr. T. Jeanie. The N
t on behalf of the crown to concur.
Mr. T. Jones said he appeared for the Atteemen-e_we,
.the the
seess
o • to ask their lordships' sanction to the preheat uplift .. ratan
3 The Lord Chief Jiuttioe-Whet you want is, e sm.
I to put the traverse and issuo under the table (mato Jervis,
The Solicitor-General.-Yes. It has bees tha.
Wm Mr. Lov
in other cases. ILP.,
I The Lord Chief Justice said it was an ingenientlad • Judge ;
proceeding if the court could do it. The o
'1 Mr. T. Jones said there were two or three ems knee . .milled f
1 it had been done. 15 for in
Rule absolute in the first instance. gowns
't -- - - tion and
L- COURT OF COMMON PLEAS. rob, rob.
'c Sittings in Bancto.-(Before Lord Chief Jesticerk, el Wed 1
l 7 Justices Willes, Bytes, and Kesterg.) horse,
London,
RANDOLPH AND OTHERS r. mow ANC OD= Railwa
Y The plaintiffs were prebendaries of St. Pure Ca* havy
n and the defendants were the Dean and Chaseeh
Cathedral. The matter came before the court swan* to
ta 9/6
r it
case, stated without pleading, for the punxesof elan the Si
a their lordships' decision of the question whefiertim prison,t, bendaries had a right to vote at the electios of a pee nor wri
to represent the chapter in the lower home of exam read eni
di It appeared that from time immemorial, and dews tee, a.
3- the passusg of the act 3 and 4 Victoria, cap. lithe
v ben rice had attended and voted in the chapters gee
receipt of her Majesty's congs d'aire, for the ell:Mail
IS bishop or a dean, but since the passing of that actdsoilel
arisen as to what position they legally occupied. hi*,
181;3, a mandate was issues' by the bishop, reel**
11. dean personally, and the chapter, by their protocol!
le pear in convocation. The Rev. J. H. Randolph Theo
•w of Sanderetead who has been prebendary 44 yeas(
.f
others, clannea as prebendaries to be present milieu Ff. im.
os the election of a proctor, but the claim was airisol, Z,lwar ,
d- and the dean and canons elected one of their owe kkit house,
Rev. W. W. Champneys, to be their representatiu lasi no occu
cr vocation. bordina
er Mr. Coleridge, Q.C., for the
.plaintiff, said that CURIG Ross w
,ni tion was a bodycertainly very inferior in inn:unsaid Alexan
, as old and as well known to the constitution u name and p 1
lio itself. Originally it was in fact part of the parlimecal The
&I down to the time of Charles 11. it exercised =WM lateen'
: the power of taxing the clergy. The functions of MINIS ticket .
he continued in a tolerably active state down to titled meter .
he Queen Anne, hut from that time they had slept ilia made u
~. Gently when they were recalled to life. It wee pries turban •
''''. ancient common law right of the prebendaries nut but th*
sae the election of a proctor for the convocation, and WA in a
'in_ contend that such a right could only be tar se master
by the express provision of an act of prilea away,
"t" His view of the 3rd and 4th Victoria, esa li. the fa
rat
fasn W, that whle it took away sll tis hek he now
.4. oon-remidentiary prebend s, and vested them hie got the
'w Ecclesiastical Commissioners, their other rights ems , should,
Lto pressly preserved to them. Further thin this, whams ' the def
art it being the it . ~I of the legislature to get rdd re his fae •
, residentiary peebends, there were some cathodal' We defend
rat- ilia, Worcester) where there hail been no notereitiser it had
he prebends, but where such a body, though eitki6 a( Mr. 1
emolument, was created. The learned gentles= Mem Whatemolument,
rs. in detail to the terms of several sections in the Masi The
lick argued from them in support of his views. . indeoe
ten
ten [The case was not concluded when our reptetWtl w=ade d
like to
COURT OF BANKRUPTCY. The bo
ow
(Before Mr. Commissioner Holroyd.)
nv- IN RE T. E. FRANRLYNE.
lt
:all
mi.
oneHe Th,ladace.tr
Paul's-churchyard
res-cbhaunrckruhypardt wasand ausilmke.tsintr.,lelte:stanliedr
Lmeyorehelniont4
tintalMTtowhurneo.
andaa e traded
Edwardtn
and property held as security of 19,000 t.
partnershipatwainthothH:re.n_lhry lanntlel4 beard
of liabilities of the three estates are
. aboutth.d..,Oeuinot.,oo.eumotii
the.ftitmchle
Mr. H. Griffiths, for the assignees,
M. bankrupt having his order of discharge.
. e sirs
brtlSnlkrru. Heed
pt,wh(wio
htaah wreliwomivwtdasallnlnrivltutyglAuscatiatateadslailial
._ : .
his
ileet li I l e was
partners, Selby, who had induced hint to brig
les les . the to
highly connected, had been made the victim of teal . 'g h
14.000!. into the business, the whole of which e
...ontl.o
loot, and Selby had disappeared. . ode al
Elie Honour granted the order. 'old i
(Before Mr. Regiotmr Murray.) ' The I
sea, IN RE F. F. AL.I.ISOS. _.
ere MI
*KW
Ito The banknipt was a commission merchant ill ..
e sell
Tt- adjudication was made in prison. The Maktltiktef, ,
tt and India trade, carrying on be/tines is ruddiness 71
'Mt. I
; liablethat h
fi
os
rdebts
arr.
of only
100,000'.about
• I e had
3 of Gladstone and Co., recently failed. •- up
2 This WOOS. Hest sitting, bat no .ussigneewascbous.
.f
2 Mr. Chidley appeared for the bankrupt. I: , . lu
s
Sme-..-....------= vet
7 fret
3 in le'"onnielio'
CENTRAL CRIMINAL COURT, ' . put
6 er I
5 (THIS DAY.) ut,
2 ---4.--
• Rol C 44 go
4 The November session of the Central CM' . ,„n... OW 0
5 was opened this morning at 12 o'clock, by the RV r• the
. - the Lord Mayor, Alderman Gabriel ; Russell Gorier Len'''
4 Q.C., the Recorder ; Alderman Rose. Alderumll=
connexion
toni; tt:ecown
a .._ oso ._____ e.tc-i--. as. A t.t.n.an amlSherll? 7S fat