The Express.
London, England, 1859-11-10 00:00:00

COURT OF COMMON PLEAS.—Nov. 9.

&Wags ha Bause.—(Baton Lord Chief Justice Erie sad
Justices Will Was, Crowder, sod 13yles.)
KNEEING V. HALE AND ANGTMEH..-ACTION AGAINST

THE SHERIFFS OP LONDON.

This eau en action molest the late sheriffs of London in
form to recover damages for a voluntary weeps, but the
principal question wee whether a payment of 201. which had
been made by the Aerate to • person named Fox wee in law
• payment to the plaintiff. The trial took place before Mr.
Justice Crowder, when a verdict was entered for the de•
koduts, but the matter now came before the court upon
cuss being shown against • rule for • new trial.
Mr. Hawkins and Mr. Quin appeared to show came, and
Mr. (riots and Mr. Lawrence to support the rule.
The Lord Chief /twice was of opinion that the rule should
be discharged. It appeared to him that the plaintiff having
obtained Judgment against • person named Thompson for
454, by the aided Mr. Robertson, an attorney, then appointed
Mr. Winter his attorney for the purposes of the execution.
Me took it that the effect of that wee to gave Winter authority
to bans execution, and to receive the money under it, and •
payment to him would have been the same as • payment to
the plaintiff. It bad bees, however, argued that even sup-
peeing a meant to Winter would have been good, still •
payment to Foe, who had been sent on his behalf, was not a
payment to Winter, because this last named person had may
• the limited authoti.y of • special agent, and could not &le-
i gate it to another. He was entirely of a different
opinion. The jury having bound that Fox was matte-
Keed by Winter to receive this money, the receipt
by Fox was • receipt by Winter. He gave this judgment
with more confidence, because the question seemed to be,
who was to loss by the misconduct of fr'ox ? Now the plaintiff
had appointed Winter, and Winter hid authorised Fox to
act for him. He could not see that the sheriffs had been
guilty of any breach of dire, for they held the debtor in
cu►tody for three days for 46/., without being able to and the
plaintiff's attorney to receive the money. The debtor's
health wee entering from his being detained, and he beim
reedy to do all that the law required of him, the sheriffs took
the 461., sad took on themselves the act of letting the debtor
go, trusting that when the plaintiff'. attorney received the
money no more would be heard of the matter.
Mr. Justice Williams and Mr. Justice Crowder comairred.

Mr. Justice Bylee however, wag of a different opinion,
and thought that the rale should be made absolute. He
took it that a payment to Fox was a payment to Winter;
bet the more serious question we., had Winter any authority
to mein the money Y Special authority he Ind none, and
the only authority conferred on him by the law was simply
to receive the money Irmo tha execution debtor, end thence
end thereafter to diecharge him. He thought that Winter
►ad no authority to receive the money from the sheriffs.
Rule discharged.
LOAD XLYOIO, DAY.

The Lord Mayor and Sheriffs, accompanied by the Re-
corder and other civic offloers, came into this court between
sad 3 o'clock, aad in the 11110.1.1 form invited the judges to
the behqset at Oeildhell.

♦PPLICATION FOR ♦ MAIMS CORPUS.

Mn. Cobbett this morning repeated her application for •
writ of habeas carpi., in order to tee discharge of her hue-
teed ant of the custody of the keeper of the Queen's Prison,
grounding her application upon the single ground that her
anatand bad been out of *cal custody. The fact was that
Otte hie arrest he hid applied fur his discharge upon the
ground that he we. privileged from arrest at the time he
wee taken. This application Mr. Ju.tica Crowder refused,
but ordered Mr. Cubbett, at hts own ergurat, to be re-
manded to the Queen's Priam instead of to Horse-
monger-lane, where he had been originally taken.
Mr. Cobbett, however, declined to pay the Uphill'
hate-guinea for the transfer from one prison to the other,
and in coosequence his lordship ordered him to be taken beck
to Horestuonger-lane. This Mrs. Cobbett coutended be bad
no power to do, after having ordrnd the removal to the
Queues prieon, and that therefore Mr. Cobbett, when takes
back to Horeemooger-line, was nut m legal custody.
The Lord Chin' Justice raid be would take the effi
home and reed thon, in order to see if there was any ground
for the application.

LNSOLVENT DEBTORS COURT.—NOV. 9.
(Before the Cale' Commie.loser.)
IN THE NATTER or GEORGE LEAUBITTEN.

This issolverrt, sou of the late well-losotra Bow-street
officer, was opposed by Mr. &moo I fora person massed Rey-
nolds, and supported by Mr. Robertson Grath.

Some .time ago the 'modem:lt, who less in priaos, applied
under the Protection Act, and his petition wax dasmimatd.
He subsequently 'petitioned under the Prison Act, end had
appealed for rziondnot ion. It appears that he had acted ea •
special constable at ro,counno, and was generally paid ona
guinea a day and hi. exgenare Toe insolvent and Reynold',
who betted on the turf, lied been intimately acquointiol
When the insolvent yam dibeherged nudes the act, in 1867,
Reynolds advanced him *KIM ',whey, and woe to hove &w-
-aited the duplicate of a diatounl ring ineoented to the 'pool-
vent's father by the late Emperor of Almada. The ti,ket
wag deposited, aid given to the insolvent to pay the interegt,
and, accurdieg to Rryn&da'a acouunt, he never could get it
returned, but, according to the intodoont's statement, be gave
it to hie mother (to whom it beloolted), as Reynolds did nut
want it again. It wen in pledge for 351, and hie mother had
sold the ring for 61.11.
In the unites of the cue ammo ditcloeurea were made
respecting bet flog on the turf, which startled the uninitiated.
Thu tceotve•t alleged that 11-yuolds bad told him he might
romider himself "equate" with him, am be had stood la
with Ma horse 014 Dug Tray, and he had won.
Mr. Sirgood said hawse entity ly lowntat ul such fulllftwh.

The itts7i•ent nt.dertuok to eaplein how the eyetem wee
carried on. He said •• • party" night have • horse to ran
which he backed, and then “bedited off." He pot down poem
of his friend. for • “praty," which was 251., or roe a
runnke)," win. war. 50a, sad so he did out lose, sal
stood in wiib hies If he woe.
lt appeared ih,t ,he itusileent had tried to arranp with
Reynold., who bwiarlyanowd hula 41. Loom Alter he atsql
md thaw took • promissory sots, and he waa now in prison
et hie snit. He &clued that Reynolds warted his body,