The Express.
London, England, 1866-05-05 00:00:00

l'ransubstantiation, &c., Declaration Abolition Bill

second reading • Turnpike Bout Bill--adjourned debate
on second reading ; Legitimacy Declaration, tie., Bill—
second reading.
ORDERS OF TIM DAT.
WEDNZSDAT, MAT 9.
_ .

Church-rates Abolition Bill—committee ; Clerks to Jus-
tices Bill—second reading ; Church-rates Commutation
(No. 2) Bill—second reading ; Execution of Deeds Bill—
second readi ; Veterinary Surgeons Bill—second read-
ing ; Local Of ears Superannuation (Ireland) Bill—second
reading; Burialsin Burghs (Scotland) Bill—second reading.
THURSDAY, MAY 10.
ORDERS OF Till DAY.
Bankruptcy Law Amendment, ha, Bill—second read-
ing ; Fishery Piers and Harbours (Ireland) Bill—second
reading ; Labouring Classes' Dwellings (Ireland) Bill—
second reading ; Rateable Property (Ireland) Bill—second
reading.
FRIDAY, MAY 11.
NOTICES OF MOTIONS.
Sir J. Ferguson—patent Office—To move for copies of
papers relating to Leonard Edmunds, late Clerk of the
Patents and reading clerk in the House of Lords.
On going into Committee of Supply,
Sir Colman O'Loghlen—To call attention to the practice
of not issuing a writ for a vacancy in this house, if the seat
which has been vacated be claimed on behalf of another
candidate ; and to move a resolution in respect thereto.
Lord E. Cecil—To ask the Chancellor of the Exchequer
whether, having regard to the welfare and comfort of the
labouring classes in agricultural districts, it is the inten-
tion of the government to increase the number of money
order, savings banks, annuity, and insurance offices now
established in eomparativeZnseo small a proportion of the
poettowns of the United • om.
Mr. Bryan—To ask the Chief Secretary for Ireland
whether his attention has been called to the constitution
of the Irish bench, law and equity, and whether (consider-
ing the advanced age of some of her Majesty's judges), in
the opinion of the Irish government, its present condition
is satisfactory and conducive to the due administration of
justice in Ireland.
Sir C. O'Loghlen—To move that en humble address be
presented to her Majesty, praying that she will be gra-
ciously pleased to consider the expediency of withholding
the exercise of her royal prerogative of creating peers of
Ireland or filling up vacancies that may occur in the
peerage of that part of the United Kingdom, with a view
to the ultimate union of the peerage of Ireland with the
peerage of the United Kingdom.

THE NATIONAL. DIET.—From a parliamentary
return issued this morning it appears that the total present
charge for terminable annuities is 1,358,431/. 15a. 3d.
MEETINGS OP SCIENTIFIC SOCIETIES TOE THE EN-
sumo Wrz4.—Monday.—Royal Institution, 2, General
Monthly Meeting ; Asiatic, 3, " Interwtration of the
Vedas,' Dr. Muir ; Entomological, 7 ; Architects, 8, An
nual General Meetinr. Tum&y.—Royal Institution, 3,
Plilu.nGeography and the Fine Arts," Prof. Ansted.
gyro- • 7i, " Dome of the Rock and Church of the
Holy Sepulchre," Rev. J. Mills ; Photographic, 8,
Ethnological,, 8, " Migration of Cultivated Plants and
Ethnology, Mr. Crawfurd; " Fishermen of Southern
India," Dr. Sbortt ; Engineers, 8, " Water Sumlaey4f
Paris," Mr. Barren ; Zoological: " Longicorn
tem, Penang," Mr. Pascoe • New Australian Birds,"
Mr. Gould. Wednesday.—Archaeological Association, 46,
Annual General Meeting ; Microscopical, 8, " Rotating
Leaf-holder," Mr. Smith ; " New Diatoms," Dr. Greville;
Geological, " Acanthodes, from Longton," Sir P. de M.
Egerton ; " Gravels, ace., of of the Fenland," Mr. Seale
Geology of the Lake Country," " Lower Silurian
Isle of Man," Professor Harkness and Mr. Nicholson,
Society of Aria, 8. Thursday.—Royal Institution, 3,
" Ethnology," Professor ; Antiquaries, 84. Fri-
day.—Royal Institution, 8, Mud-Volcanoes of the
Crimea," Professor Ansted. Saturday.—Boyal Institu-
tion, 3, " Ethnology," Professor Huxley ; Botanic, 31.

BEADING ELECTION.-(1111 1.,

fir Lamm ratamarn.)
READING, Bannan.
The nomination of Mr. Shaw Leferre, (yamimi
of the Admiralty, took place here to-day. No oga ma.
did.," bang payees& Mr. Lefevre was meleetsd. ai
was proposed by Councillor Maack, sad aseee4.4 17
Alderman Era.

LAW INTELLIGENCE.
(THIS DAY.)

RQUITY COURTS.
(Before Vice-Chancellor Air B. T. Madalley.)
igARTIN V. RRADOII.-018TRINTING LIGET AND AIR.
Is this we, which was wood in February, judgment'
min given today.
me plaintiff carries on the business of • tailor at Pad-
dington at a house which has its principal front in
unden.street, but which has also • side front in
onduit-place, and the bill was filed for an in-
an to restrain the defendant from raising in
: any part al his house, also in Conduit-plaft
so ,
m to obstruct the light and air of the plaintiff's ancient
endows. Conduit-place is a narrow thoroughfare and the
mastiff's house immediately faces the which the
adint is raising in height and whi he has completed
,*yin • foot of what was intended. The plaintiff did not
nin that the new work should be pulled down but
ad he might receive damages awarded to him for
sir injury done to his business by the obstruction
tie light of his work-room and counting-house.
the laqiinsellor said • number of eases of this nature
sd come before the courts within the last twelve months,
sad by the decisions pronounced the general principles
sd been laid down that a person having a house in London
ir other populous town must submit to have his light and
sir effected by his neighbours' new structures to a degree
inch he would not be compellable to submit to if his
bass were situated in the country. The question in this
indeed, in all similar cases, must be the of
ight obstructed by the new building, and must be
ked also to pre-existing obstructions. B dings already
editing shut out from the plaintiff's workshop window 100
degrees out of the 180 degrees horizontally, and 66 degrees
of 90 degrees vertieilly, and the quantity of
light obstructed tuitil: !mussed height of the
defendant's house, h apparently trivial in itself
oust, having regard to pre-existing obstruction have
a considerable effect in diminishing the quantity ci light
Mat rervely came to the workshop window. It wee
dearly • case in which the plaintiff was entitled to the
sanitance of the court, and there must be • declaration
that he was entitled to damages, and an inquiry to deter-
mine the amount.
Mr. Glasse and Mr. Cracknall were counsel for plaintiff,
sad Mr. Bailey and Mr. Cotterell represented the de-
fedant

(Before the Master of the Rolls.)
TB! RAILWAY FINANCE COICPANYILIM7YRD).
Mr. Swanston, who appeared (for aho er of bills of ex-
change accepted by this company) on the petition for wind-
bag up the concern, asked that it might stand over till next
petition dal in order to the re-insertion of the advertise-
sent' required by the bet, as it appeared that some or one
of them had not appeared in due time.
Mr. Jessel, Q.C., asked the raw order in respect of
mother petition.
Mr. Cottrell opposed for the company.
His Lordship said he must make the order on both peti-
tions, and added that it would be well if partite &dyer-
ring their petitions would give a day's grace or so, in fact
ove eight _days' notice. The omission of the advertise-
rata had arisen from the pressure of political intelligence.
His lordship had stayed actions brought against the com-
pany till Tuesday, and he now ordered thou) actions to be
stayed till the bearing of the petition.
DARNED% RANKING COMPANY.
The petition in this matter was ordered to stand over.

COURT OF COMMON PLEAS.
(Sittings in Banco.)
This court was appointed to sit in banco this morning,
but in consequence of the judges being engaged on Char-
lotte Winaor's case Mr. Justice Smith, in the course of the
morn came came in and announced that as the judges were
elsewhere the court must be adjourned until
LT3-
A motion of course was heard, and the adjournment at
we took place.

COURT OF EXCHEQUER.
Sittings in Error.—(Before Lord Chief Justice Erle, Lord
Chief Baron Pollock, Barone Martin, Bramwell, Pigott,
and Justices Byles and Smith.)

THE QUEEN r. WINMOR.—THE TORQUAY NURDEL
The further arguments were resumed this morning.
They were of a very legal and technical character, and
the number of the authorities quoted and the extracts
read from the different cases as in any way bearing upon
the elucidation of the points raised for the prisoner occu-
pied the greater portion of the learned counsel's address.
Mr. Faun' commenced his arguments this morning by
contending that, in consequence of the two trial, the
prisoner had been greatly prejudiced, having been twice
in fact put in peril of her 4fe upon the same charge. The
second trial was clearly an illegal one. The prisoner ought
not to have been tried a second time, but discharged when
the jury were discharged by the learned judge, because
they stated they were unable to agree to a verdict. In
Bird's rase, which was an indictment for murder !
of the female apprentice, tried some years since
at Exeter, when the prisoners (man and wife) were ac-
quitted, they were subsequently indicted of feloniously
assaulting and beating the deceased, upon which they were
convicted. Error was assigned on the ground that the
annults committed, which conduced to the death, formed
the subject of the iirlictment of murder, and that, conse-
quently, they had been twice put in peril for the same
offence. The judges before whom that case came were
divided in opinion upon the point, the majority being
against it, and the verdict upon the assault was held to be
good,and the defendants were punished. The next point he
had to call their attention to was the improper reception of
the evidence of the prisoner Harris, who was admitted
approver on the second trial.
The Solicitor-General submitted that that point did not
arise. It was so held by the Court of Queen's Bench.
Mr. Folkard slid it would be found set out in the record.
The learned counsel for the prosecution in his opening
address to the jury eilled Harris as an approver, and the
learned judge did the same in summing up. It was clearly
natter of error.

Lord Chief Baron Pollock said those things were not set
cot on the record.

Mr. Polkard said the law required that certain for-
malities should be observed on • trial, and unless they
were strictly complied with it was clearly error on the face
of the reconl. The prisoner Harris was not • witness, but
•e approver, as she was called both by the learned judge
and the learned counsel for the prosecution.
Lord Chief Baron Pollock said the court could only take
notice of what they found on the record.
Mr. Folkord said the learned judge declined to amend
the record on this point.
Lord Chief Baron Pollock said that could not be argued
as a reason that the court should hear it.

Mr. Folkard assured the court there could be no poesi
bility of doubt on the fact. Besides this was the most
illegal part of the proceedings, and it would seriously pre-
Mice the prisoner if he could not argue it.
Mr. Baron Martin said the learned gentleman ought
sot to say it was illegal. The Court of Queen's Bench de-
cided that the evidence was legally, admitted. The point
was then laid before the fifteen judges by the Secretary of
State for the Home Department, who affirmed the decision
of that court upon this point. It was therefore hard for
the learned gentleman to say that the reception of the
evidence was illegal.
Lord Chief 'Justice Erie said the court had given their
serious attention to this point, and he had the authority of
kis learned brothers to state that the point did not arise
04 this record. if they were to entertain it and give
lodgment upon it. the judgment would be both extra ju-
dicial and inoperative.
Mr. Folkard sail that asithat was their lordships' decision
he must ask them to grant a certiorari, in order that the
record might be amended. He had affidavits which showed
that Harris was examined ass witness.
After a consultation,
Lord Chief Justice Erie said he was authorised to state
by the members of the bench, that whatever points the
learned counsel brought before the Court of Queen's Bench
the court would then also hear him upon.
Mr. Folkard then urged that before her evidence was
taken she should have been acquitted or have pleaded
luilty. The errors he contended, in conclusion, had been
properly assigned. and. for the reasons he had urged on
behalf of the prisoner, be submitted that the conviction
must be quashed.
Their lordships then retired, and, after an absence of
nearly three-quarters of an hour returned into court, when
Lord Chief Justice Erie said—Mr. Solicitor-General, we
do not think it n.cessary at present to call upon you. We
mean to be here on Monday morning, at half-past 10
o'clock, and if need be, then we will call upon you to reply
to the arguments advanced by the learned connsel (Mr.
Polkard) against this conviction. At present we expect to
be able to give judgment on Monday morning.
The court was then adjourned, and the prisoner was re
nutted to the custody of the gaoler of Newgate, and she
was accordingly removed.