The Express.
London, England, 1850-11-16 00:00:00

ey met
Mr. O. L. Rued' now applied for an order confirming the
Master's report, tipprovii.g of a scheme for the apphestion of
t►e find, confining the rebut to owes in which the debt
should not exceed 301.
The Vice•Chaeesllm wads an elder sewedinely.
lit run Marna or Two larstm Rains Aar, AND
Ta■ MAT/11l or aw■ Tarns 07 THI WILL OT,
0107.01 NOILTOII. DICIASID.
A ME t f about 8001. had been Into court under the
art he t►is caw, the trustee being at the Use unable to find
t►e iteetuktes trust. It baring niece been dim:trend that
ctstut.goe trust had teen convicted of felony, is Bed,
sad wee now net on service with a pass ticket is Van
Diemen's Land,
Mr. Wray, es behalf of the Crown, applied to bays the
fend paid eat to the appalatees of the Crowe' by sign
wanual.—lLr. Craig &Freers& for the Waste's.
O,dend asserdingly.

COURT OF QUEEN'S BENCH.—TisrsinaT,
herrosai in Skeen. —Brroat Leib Comm. Ne. Juana Cm-
-11001, NIL limes WIONTIIab, AND 112. hence /Ms
WALTON IP OATIN.—ALLSOND ILLIOAL KIILITTNIXT OF
• SoLDION.—JUDOMIINT.
The defendant in this sae we. a Major Oavia, of the 16th
Limn, and the pleintlf Wes& person who had been enlisted
upos • Sunday, to the final Artillery, by • recruiting col
cater aimed Bathhouse, aod had subsequently deserted before
he had been attested. For this offence Major ChM caused
him to to imprisoned for 17 days, at the expiration of whieh
time he obtained his discharge from the Horse Guards. The
plaintiff then brought an salon against Major Gavin Mr
false imprisonment, which we. tried before Mr. Justice
Cobridae et the last miles held for the county of Bafolk,
whoa a vesdiet was found foe the defendant.
Mr. I. Climber, Q.C., Mr. °Malley, Q C., and Mr.
Dasest having bees heard owe former day in support ii a eels
he • sew trial. and the tilicitorAleceral, Mr. M. D. Hill,
Q.C., and Mr. Welsh having also born beard upon the port at
the defendant, their lorilehips this morning prosseded to give
Judgment.
Lord Campbell said that he thought that the rule is this
use should be dacharwed. He was of °patios thst the de.
Modest wee manly exonerated under the 20th Miele of the
Articles of War. Too large • construction of the 20th
Article of War had been untended for, became it weir staid
it would apply to any one whether be was or we. not e
"Relit iry person, and whether or not such person came
within any of the categories mentioned is the sewed sec
ties of the Mutiny Act. He (Lord Campbell) thought that
was not so. None were Mead by the Mutiny Act, none
were bound by the Articles of War, mop. her Mejesty's
forms, and he was anxious, as • constitutional judge, that it
should be fully uodereood that that was his opinion. He
thought that the defendant had shows that the plait of was
en enlisted soldier, and cones meetly he was a person subject
to the Mutiny Act, and oleo subject to the Articles of Wu.
Taking • prime lacie view of the case, it was clear
that the plaintiff had received the enamels, money, and
we. therefore • soldier. It was alleged that Sulam",
by whom the plaintiff was enlisted, was ant himself •
duly enlisted soldier, not haviog been properly attested.
It appeared, however, that 'Nekhouse had acted sa
en attested soldier, sod was mimed la the recruiting ser-
vice and, acting in that sapidity, he (Lord Campbell)
thought it we. prima facie scams that he bad authority so
to act, and be also thought that it was completely proved
that Beckham had been employed to set by Ilmobsdier
Rotations. But it was said that Bathhouse had no qualities.
ties ; he had, however, belonged to the regiment foe &mash
loser time than the law thawed for attestation, end It was
to be mimed, therefore, that ho was duly attested, and
goseequeutly came within the provisioas of the Main, Act.
The only evidenes offered to repel this presumption wee that
ea other occasioas there had sem irugulinties is taking
recruits before a borough magistrate instesd of • meaty
magistrate, but that was no reason to presume that them
had been an irregularity in this case. Another objection
was that the plaintiff hod not been attested; but if be was
sainted, and had takes the enlistment money, attestatios
was sot requisite ts brims him within the maxims of the
Mutiay Ast. The sent °bastion WY that the questions
required to be put by the 63th section of the set were not
pat. It we. quite clear that the requisitios meanly directory,
sad it was not obligatory that they should be pat. The sat
said " that every pettish reariviag the enlisting messy from a
properly employed should he demedto be • soldier."
geese properly
the question upon while Mr. Chambers Maly
Mind, viz., that the plastid was 'aided upon• Busby.
Me (Lord Campbell) thought that shiestioa wholly
am:ssa end It was ntotaireos to toy that • sadist en-
iced ea a Banday, and enlisted by • reonsitiag soldier,
we. enlisted by e perm who mate within the meaning
of 29 Charles 11., which applied to persoae tarrying on
their usual trades The ma duty of • soldier was to
Mead drill Gad to fight the battles of his Neatly, and
the remitting service was an eztruediaary duty, sad not
as *Massy one. It had been held that if a homer hired
• servant upon • Banday it was sot as act done In par.
mama hie eedlauy calling, sad we. therefore &valid hlriag.
The authority for this proposition was te be fired is the
moot " The Rag e. Whilst's*" (7 Bora. sat Crtsa,796.)
The sent question was out apes width he (Lied Campbell)
differed from one of his learned Iteithere, for whose Maim
he estertateed an mfeigaed roma. The swedes was
whether the defendant was deprived of the baulk of the
20th Miele of war, bemuse the palatal bad net been takes
beke• a magistrate before he had bar= I=a by
Maar Gavin. Hs was of opinion TINA woe
so imam of a moistest* sirs beers dr shied.' was
laded em to Major Gavin, MI es Mt odds of war
=to the case. With never to the silted, Word
part of the plaintiff, the illen Otett dal they did
set show any ground of surprise; and dream se Me
erapht to be granted is respect of these. Pee these serer be
wee et that the rale he a sew trial ought to be
Mr astir Wishussa expressed a similar opinion.
Mr. Justine Brie said he felt It his duty to deliver kis
opisios, although he did so with extreme digitise*,'
ft wee different from that of his Waned brothers. The
gustiest hawses the parties was, whether or sot the
plaintiff wee a military am. It was admitted every am
that the Mutiny Act and the Articles of Ware :till
military am, and In his *Sara the Muting re
that in ems la which the gouda' as to whether et sot as
indieidual we. • military ma rose, a panes roll sot be
Gossiped to Imprisonment melees by the maiden of a mss
&trate, and salter this ware the Ins eristrwriss, several
if the hiders el War NNW bessise sasstory. It
was dr dry et a essarelog tier to mays a
deserter, bat swat a soliter, say Mei
• es • dome of derides as elf tre,leSs so with-
'sot ON INONTiotices of a I It esered to Ids
(Ms Judea data) that he =11:11 es as. A per
sea sersd Boathouse, who was he mesh, gays the
*big 'aiding messy. and dra resolved it, or
dot badge straisil midis Ms ems a uthibtran Is
.10 ddlarl. wee Mesas' as be a Mdse. The of
des Whew way sus Or lest of • series efiNE.Xidt
loud be riga to eider Is wershoes a mina a
_Bwt
I,diss whit were re provider et the Medlar hat ass rtellloth Artists of We. f Is the ler pies% dr hilt seeder 'at
the Nasky Adored wise was OM Pala wits hail lisAbarM,
by Mw to area a deserter, end It was wrist dot
If a ma was s deers, a sada het no arhedr le
V= Ws, asks s isese lead ad be shedsed.
the tartirt, w..thelabie sdidst et siesedds tar
lußiMMf it eeof Sk• IWO TM egg 140.