The Express.
London, England, 1858-01-12 00:00:00

11l OTTICI Or 11111.111 P.

Sir F. Kelly moved for a criminal information against Mr.
John Henry Orevifie Smyth, for redwing to take upon him-
self to execute the office of sheriff for the city and ca=
Bristol. He and it was more in acoardanos with pr
and more expedient, in oonstqamos of the urgency of
the case, to apply for a rule for a criminJialormanoo, but
the affidavits were equally adapted for a mandamus, if their
lordships should think that was a przioncourse of promedng.
The point of law upon which their was and in
which he had no doubt Mr. Smyth, was every respectable
gentleman would novae acquneee--wu whether that gentle-
taut was liable to be elected sheriff for the city of Bristol, and
bound by law to take upon himself that office That ques-
tion depended upon the ptovisions of the Municipal Reform
Act, 6 and 6 W. IV. Before 1836, when that act was
paned, the corporation of the city consisted of a mayor,
aldermen, and common councilmen, with an indefinite
number of freemen. At that time, under several charters
and acts of rent, the sheriffs for the city of Bristol
were elected the common councillors from among their
own body. qualification for the office was the same u
they required for a common councillor. The common
council was a self-selected body. Whenever a vacancy
occurred the common council selected a councillor from
among the freemen at Lure, who were several thousand in
number. No other qualification was required than that of
being a freeman. The first section of the Municipal Cor-
poration Act abolished all acts of parliament, laws, charters,
end letters patent which wore inconantent with its provialoss,
and then the filet section, on which the question turned,
enacted that the common council of the city and county of
Bristol and other cities and boroughs should, on the first of
November (afterwards altered to the ninth by act of parlia-
ment), appoint a St person to execute the duties of sheriff.
Mr. Smyth was the freeholder of a lane 'property si-
tuated in Bristol, and resided within a mile of the city.
Lord Campbell—ln what respect is It alleged Mr. Smyth is
to be appointed- sheriff It
a LaFtF:r. person
is the proprietor of lands within that
city and that is the only qualifketion existing by law, brie-
patiently of particular local qualifications created by acts of
parliament and charters.
Lord Campbell observed that in the case of a sheriff for a
city no territorial qualification was required.
Mr F. Kelly apprehended that unless some local set of
parliament or charter pointed out a peculiar qualification, the
statute of 4th of Edward 111., providing that none should be
sheriff except he had sufficient Lade within the place to an-
swer the king and his people, applied to cities as well as to
counties.

Lord oempbell said the Kt had never been so applied. It
was not that the sheriffs of the city of London
should have any tended qualification.
Bir F. Kelly said the question cams to this—whether an
actual residence was a necessary pafificaUon.
Mr. Justice Coleridge believed from personal knowledge
that since the Municipal Corporation Act weed the appoint-
ment of sheriffs had been made just him this one, without
ref.rence to residence.

Lord Campbell observed that • person living in Cornwall
or Nerthumbarland could not be cozwidered • iit person to
hold the 412 e of sheriff for Bristol.

Bit F. Kelly said it appeared from Ms sib:Writs that during
the twenty yearn since the passing of the act non-resident
freeholders had constantly been appointed to the offloe of
sheriff in Bristol, and he believed also in the majority, if not
all, the other cities and counties mentioned in the act.
Mr. Justice Wightmen—Who bad property within the
borough or city, but were not resident?
Mr F. Kelly replied in the affirmative and said the sheriffs
of counties were not required to he reddest within the cormty.
Lord Campbell—lt ts • very important subject, and you
may take • rule.
Rule nisi for a criminal information granted, to come on
for argument an Wortley next.

THE CARD Or 'WILLIAM CODBETT.
Mrs. Cobbett applied to the court for • habeas corpus to
bßri.s&up her husband, who is now • 'miscast to the Queen's
end who, she contended, was entitled to his
discharge.
Lord Campbell—Ou what ground do you move the court ?
Mrs. Cobbett—Os the award of fraud.
The affidavits in support of the application having been
reed by one of the Masters,
Lord Campbell said he wra of opinion that Mr. Cobbett
was lawfully arrested and lawfully detained in custody, and
that the oourt had no therefore to interfere.
Application re

COURT OF COMMON PLEAL-JA24. 11.

KAT V. TRIVITION.-TO LAST IMAM OF MIK. CON.

Mr. Henskeßrowne moved kr a Ms to set adds the son-
ata whkk had been entered in the ore, sad to have a new
trial, under the following ebonmsteneto. Ths action was to
move damages fur criminal conversation, and the we
came on for trial before Mr. Justice Creswell, at
Guildhall. W hen Mr. Atherton, Q.C., had opened
the case, it was found that all the witnesses
were absent, end the plaintiff was neatly nonanited. It
wee now stated on affidavit that on Monday, Dec. 19, the
cause was in the paper, and the attorney, the plaintid, end
seven witnesses were in attendance. On Tuesday, the 14th,
the came stood four in the let, and they was ens came before
it, " Lest v. Edwards," which it wee supposed would lest a
long time. The sitting of the court was suspended for o few
minutes about nne o'clock, and the plaintiff and his witnesses
went away. The attorney went to search for them, but in
the meantime they were called separately, end as none of
them answered, lue lordship waited for two minutes and then
directed a nonsuit.

The Lord Chief Justice mid that a rule nisi would be
granted, but it would probatly only be made absolute upon
payment of the costs of the day.
Rule granted.

COURT OF BANKRUPTCY.—Zur. 11.
(Wore Mr. Comoleaguer Goolburn.)
IN HI JACOB/ AND JACO&7.

The bankrupts, Abraham. John, and Henry Jacobs, had
traded as mu-chants in Crown-street, Finsbury, also having
a hour* at Melbourne, Australia, which was conducted by
Henry Jacobs and another partner named Solomon. At
the examination meeting the elder bankrupt and his son
John were allowed to rasa. Henry was adjourned for the
production of further accounts from Australia.
Thls was the adjourned certificate meeting in the case of
Abraham and John Jacobe, and the adjourned examination
meeting in the earns of Henry Jacobs.
His Honour said he should bars been glad to 'erode to the
request of the elder bankrupt for a first class certificate, but
he could not do so unless at the risk of violating the provi-
sions of the act, and establishing a bad precedent. The
bankrupts had no reasonable ground for rushing into specu-
lation to such leogthe as they had done. The books were
only tolerably kept. The court came to the conclusion that
the failure had partly arisen from unavoidable circumstance',
and in saying this, no Imputation was oast on the honesty of
Mr. Jacob", sen. Second class certificates would be granted
In both ems&

Is tioscaso of Hoary Jacobs an adjouromeat fora mouth
woo Ookos by seem.

IX 11 Ntr/f/f.....ANOTRIN " ACCOMMODATING LACEMAX."

Mkt was the siteminsaion meetiog In tbe ease of Martin
Nan, atil69,llegent-clrcuii3Oxford stresclaceman, also carry-
ing am Witness at Soarborongh,under the firm i.f " Nunn and
Co." The bankrupt had coma to the court on hisown petition;
amid the nature of the case was at onos manifest from the fact
that a proof had been placed on the file on behalf of the
Western Bank of Scotland, for 1,0861., in respect
of MIL discounted by them for Macdonald and Clo.,
of Glasgow, the bankrupt being the acceptor.
Mr. Murray was for the assignees. There being no ac-
counts filed, an adjournment for a month was ordered.

-♦NOTHE6 OP MACDONALDB
♦ICTIMS.

This was the fitting for choice of sedgneas in the we
of William Cullinane, draper, of Upper Seymour-
street Eustms-cloaca. Ris liabilities are upwards of
2,000)., of which 1.727/. is in respect of accommodation hills
accepted by the bankrupt for Macdonald and Co., of Glee-
gow, and which wore now proved against the estate by the
Western Bank of Sonlead. The smote ars shout 1801. Mr.
W. Mona, warehousemen, of Russia row, Milk-street, was
amen trade assignee. Messrs. 801., Terser, and Turner,
are ths solicitors under the bankruptcy.

IN RI c•rat,—.. STILL Axotazir."

The bankrupt was &Dotted am .n outfitter, of Gutter-lane,
Chewed*. Tltis was the examination meeting. His liabilities
of 12,0001. included about 9,0001. of the MOO description of
ecoeplanoes es those noticed in the above ewes. The aesets
ars from 1,2001. to 1,6001. The accounts lid being filed,
Mr.
Lora MurrayM and Mr. Lawraaoe aped as an adjournment
south.

INSOLVENT DEBTORS COURT.--Lur. H.
(Before Mr. Co—'-irelleur Phillip.)
17C Till MATTIS 07 lEDWAJID SCIATIVIII.-1111 CESDIT

Milt= AT OXFOID.
This Maotrent, a young man who had beam na
peduato at Oxford applied to be diacharpd from prima.
No creditor ox
Hr.alis."
r. 9 (with whom was Mr. F. H. Lewis) supported
the application.
The cues disclosed some extraordinary circumstances :
The insolvent owed in the aggregate from October, 1841,
96,4481., of which 49,6761. was without consideration, and
12,2641. mote than once entered, leaving the debts for value
34,5171. On the other side, he had bed and doubtful debt.
to him 6,8001. He bed become entitled, wader the will or
hi. father, John Stratton, Esq., of Itochkedle Eon, to am-
Adorable property, sad had spat Imp emem. The imetivsmay
Sttribiltia to Ms men WI pig dlemmiet.
mid bowmen with the thills Word ward mulimeim.
There woe am item im peededimpot. &kW*" tie
bon paid between IN/ mei INS 4 illboolat, fatty at,