The Express.
London, England, 1850-11-08 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 8, 1850•

to maks a new rats, that is the object of the publisatke
oi a rats; but I think in fatness ibis rats ought wet° bs
Indorsed; you ought to bars had an opportunity of dis-
puting it ; neither can you my that the juitims could at
oim• adjourn ths hearing till after the decision of the
gasen's Bench without consent. Yon may mks your rule,
but I hardly ses what to become of it: it is one of
those scsaaratesta made by jar:goes not strict:y within
thair proviaar, and which almost always leads to di>fl•
altar.—Rate granted•

Tian his. The math boo.bk., oesefderiag the amount
prt ropey, about 3,0001. or 4,SIMS. Mad epos his premises,
and that the only charges Wag% gab* hies before me
upon which evidences bas bees ems. mre web is might have
Is
in the
that
modes( traminifiag harmer; that there
Is no proof that he was at an swore st the purchase of the
articles, and that they did net a consider be defseed
partially distroyed or coo I it to be my
duty to discharge the prisoer.
Loud applause followed the desision of the magistrate, sad
the primmer was Immediately set at liberty.
MARLBOROUGII STRZBT.
.01181111 Y BY • SECRIT•III 01• FILIZIL•6O3IIS.
Charla King,• respectably-deemed man, was brought bolo»
Mr. Bingham for ere:intestine, shagged with haring
stolen a quantity of valuable jewels and saver articles from
Thatched at the Panes of Wiles Masonic Lodge, hold at the
House Tomo, St. 9'o'64'e-street.
Mr. Crow, solicitor, No. 19, Marley emit, who attended
for the prosecution, said the prisoner was tyler of the Prince
of Wales Freemasons' Lodge, held at the Thatched-house
Taunt. The duties of tyler were to lot as a sort of door.
Weyer, and to take shame of the boxes coet•loieg the pro-
, ?MU Si this and other lodges. rrom inforMitioh he. lir.
Omar, received, he went on last Monday week to the
Thatched-house Tavern, and there he found that the box
belonging to the reuses el Wales Lodge had been broken
open, and a silver square, silver level, and other articles
belonging to the craft stolen therefrom.
Sergeant Bewley, 20 1), stated that from information he
received, he went on Tburadty morning lest to No. 10.
bilanhallatreet, Gel len square, where he found the prisoner
In bed. On telling him the nature of his business, the tel-
-1 sewer requested him not to make any noise about it ; he
sward he bed done wrong, but he was in great ()Amities at
the time. Witness asked him if he had the stolen jewellery
In the house. The prisoner said he had the tickets, and de-
' leered up several duplicates to witness. The prisoner's
wife gave wither some tippet:d collars belonging to the
Lodge. Witness waited OHprisoner had dressed him-
self, and them took him to the station-house.
Mr. Saida's, the magistrate of Hammersmith police court,
who Is a member of the Prince of Wale. Lodge, addressed
the court en the part of his brethren of the craft. He said
it was not the wish of the members of this, one of the largest
charitable institutions in the world, to proceed in this he
to the extreme point the law allowed them, and he wished,
if it met the approbation of the court, that the case should
he token under the Pswskroken' Act, instead of rending
the prisoner for trial. The prisoner, although • member of
the craft. was not a member of the Prince of Wales Lodge,
hut a paid servant. William Cubits, Bet., M.P., was the
Gi.M. of
as the l•dge, and he, Mr. Beadon, therefore, should
wish to lay the property belonging to William Cubist

COURT OF COMMON PLEAI3.—TESTERDAT.
Sarnia m Emoo.—Susan Lome Cam Jon= Jeans. Ma.
Jame Mari; Ma. Jurrica Worraiss. AND M. JoaricaTaszovan.
PRILVOTTII V. PRILPOTTS AND ASOTiells.-111314.17L11X0
VOTIS let Conan:a.
In this ease the defendants were executon of the plaintiff's
father. The action was brought upon an annuity deed, and
Chi tried at e lest sittings for Middiesex before the late
Chief Jesting, th
when a verdict ins found for the defendant
upon the only ben* joined. Mr. &rifted Channsll now
moved for judgment non °blunta veredictc. The covenant
upon which the action was founded was contained in an in-
geatare dated the 29th Jammu, 19411 10,4 /POO bstetten
Themes George Phflpot 1, the testator, and the plaintiff.
The testator by this deed granted four several annuities of 3/.
seek per annum ; three of them km the life of the
and one for the lives of the testator and other persons named.
The annuities in question were dierged, one upon land in
Monmouthshire, and the others respectively upon land in
the counties of Brecon, Oloucenessr, and Hereford. The deed
contained a covenant, in the usual form, for payment of the
annuities, and the declaration was framed to recover eleven
pan' arrears of the annuitiu. The defendants craved oyer
Of the deed, which was set out at length in the record.
It appeared that the annuities were granted in caul.
aseettai of the natural love and affection of the tee-
Wee tor the plaintiff, his son ; and they were
ark payable half-yearly. The defendant' having set
eat dbe deed, pleaded that it wee " fraudulently and collie-
Neely made and executed, for the purpose of multiplying
avian," by dividing the interest in certain houses and land
between the testator and the plaintiff, to enable
theme to vote
at elections of members to serve In parliamert lk Gone-
tin before referred to ; and that the said indenture was not
made bona fide, and for good and valuable consideration;
bat, on the contrary, it wee made and executed Solely for
Ile purpose of multiplying voices es aforesaid, end under a
matt trust and letentbn that no beneficial interest should
pose
The replication to this ?leaves de injuria ; and upon
lads issue the defendant obtained the verdict. The learned
I eeejeant now moved to set aside the verdict on the ground
that the plea was no answer to the action. The statutes upon
which the use turned were 7 and 8 Will. 111., esp. 24,and 10
Anne, cap. 23, the fiat being an est to regulate elections, and
the second to prevent the fraudulent manufacture of votes
tat counties. These statutes had been frequently unaer the
eonsideration of the court upon oases stated by revising bar-
enters, who in such instances had been of opinion that,
even where no fraud was set up, deed' like that in the pre-
sent case would not give a eight to vete. Other revising bar.
rioters, however, hadlban of a different opinion ; and the
court had stated that where a sale of an intereet was
intended, although the avowed object might be to
multiply votes, yet the right to vote existed. This opinion
was exp din the case of "Alexander v. Newman "
I (2 Cow. Bench, 122); and there were several similar uses
let the same book. The court in that mu allowed the votes,
bat intimated that, if fraud had been proved such
as was set up in this pia, the decision,! net be
good. He did not dispute the but coa-
-1 tended that, although that vote might not be valid
yet the annuity could be recovered. The statate of Will.
mate both the vote end deed bad together ; hut the
'act of Aunts enacted that the vote should not be created by
such a deed, but that the instrument itself should be valid
in taveur of the grantee, who might recover the annuity
I granted. There was no doubt that the object of the legis-
lature was to put en end to the creation of votes, by punish-
ing both parties concerned is the transaction ; the vote
was, therefore, taken from the grantee, and the grantor
bound to pay the annuity.
The Chief Jeatice—Take a rale.
HOOrza v. PARKBR.—ASBAVLT.
This cue wee tried at the last sittings in London, when a
verdict wee found for the plaintiff—damages, VW.
Mr. Betji.ant Byles now moved for a rule for a new trial,
on the ground that the verdict wee against the evidence;
end also that the damages were eueseive. The action wee
brought for an assault. It appeared that the plaintiff owed
the defendant 6471. The defendant called upon him at his
office on the 3rd of February, 1849, when, after some angry
words, he struck the plaintiff, and knocked him over the,
back of a chair. Two months after this happened the
plaintiff bee.me ill, and a " lumber" abscess formed in his
back, which prevented his attending to his huffiness from the
month of August until the following December. The
plaintiff's case wee that the abscess wee nun d by the fall,
but the learned mime' contended that there was no evidence
to support this part of the case ; and the damages, therefore,
were suasive.
The Chid 'notice said it was • queetion entirely for the
jury, and the court could not disturb the verdict.
Buie refused.
RzoIIITYWHON APPIALS.
The court has appointed Tuesday, November 12, for hear-
ing the registration appeals. The (Unwise are the only two
entered : Eastern Division of Surrey —Leis, appellant, es.
Hutchins**, respondent. City of Lichlield—Oreen, ap-
pellant, v. the Town Clerk of Lichfield, reepondent.
'lac New Jtooi.
Mr. Martin came to the front of the bar this afternoon,
just before the rising of the court, and was invested with the
dignity of the coif, prepars tory to his being sworn in as one
of her Majesty's Barons of the Exchequer ; which ceremony
it is understood will take place in that court to-morrow
'this day) between ten and twelve o'clock.

and othen.
Mr. Bingham contented to this proposition, and called
upon the pawnbrokers to produce the property.
About nineteen pewubroken produced jewels to the
amount of neer +5001., which had been pledged with them
by the prisoner.
T►e prisoner, who did sot attempt to deny the chugs,
wee 'unlined in the lull penalty and value of the property
pledged, amounting to about 6501.

COURT OF EXCREQUER.—YzsrutDAY.
BITTIPOS IN BASCO.
ELY e. MOOLE AND ANOTHIIII.--COUNTY COURTA„
This wee an motion of trappers to breaking and entering
the plaintiff's house, and taking away his furniture. The
ease was tried at the last amities for Woreester, when a ver-
dict was returned for the defendant,.
Mr. Eeetirg, Q C., now moved fee a rule to set that
verdict aside, pursuant to leave reserved, sod to enter
a verdict for the plaintiff for 3W. damages. The de-
fendants pleaded a jostiticatise. The defendant Motile
pleaded that he had issued a mamma in the Woress-
ter County Court against Ely. the present plaintll,l
I for the recovery of 181., and that in default of Rip's';
appearance the learned judge of the County WM!
made an order against him foe 121. 12e., for debt and assts.
That, under the provisions of the County Court acts, Ely
was ordered to pay that sum " forthwith," to the clerk of
the County Court at Droitwich. That lily made default,
and that thereupon a warrant was issued
ernes him at the
rising of the court, aad in the execution the said warrant
the Uteruses which formed the rebjeet of the present action
took place. The other defendant Tomb, who was cleric of
the County Court, pleaded a similar plea. The verdict
having panted for the defendants, subject to this motion,
it was now submitted that the order of the learned
judge of the County Court could not be executed
without precious envies, In effect it bad ro doubt
all the force of a judgment in any of the superior courts, bat
as the ri.les framed by the judges and the County Court Act
itself described it as an " order," a term well known to the
law as being of a limited character, the plaintiff should have
reasonable uotioe of the true import of it, and some time
should he allowed him eo comply with it before it could be
executed. The order required him to pay the clerk at
Droitwleh "forthwith ;" therefore, before he was aware of
its having been made, he had committed default, and it was
not poraible for him to have complied with it, as the party by
whom it bad been presented could not according to the
term of the order, accept the amount. It was quite mani-
fest (mid the learned rouses!) there was room for much ha-
pronment in the proceedings of the county courts. The
question raised was one of very general importance, and well
worth being discussed.
The court concurred in the latter obemyation, and granted
a rule to show Gamic—Rule niel accordingly.
Mtn Pairs AT Wesruntersa.—Breoas Ms. LUDAS purr am •
MIDDLE:SU COMMON key.
At the sitting of the court yesterday awning, several
jurymen having tailed to answer when willed, were fined in
the sum of 61. oath.

THE POLICE COURTS.
ItANBION.BOUBB.
Tim Ft.cra Rossaasze.—Mr. Sarrelf appeared before
Mamma& (Abbe, ter tag examination, upon the sharcid
ha remind slobs artlilse of Vat*, with Me Maw
that had ham 'Mem lit. Bodkin attended too
ilaaa,
snit lit. Lewis. of Ely-place, far Me debase.
1 altkiaresaamid he was metrisd.
oppoemi by din etka d the govern-
iliac le yeemest• nadir dreanntaneee whisk were Mad-
OM le be el great instils importance, and he beisly reamed
le **MUNN, upon the few area to which dm alderman's
=bad been &W. as Urine moaned within the
d 0111 Unamisa.hotter. It wee act his tatenties
to pooluse soy inlienes additional to that Alb bad to..
Whoa down by Ur. Osolman, the chief elation the mess
already entered into.
Mr. Lewis requested to be Wormed whether it was
the lateadea of Ilr. Bodkin to bring say farther dam'
=
lbs prisoner wits aught la fairness is be
If say akillinal easmairea was mann-
plated ; sad he yeesseded Is oatmeal win the
widener of the wilmme. to Um her awe ulna had
ems wader the amidelailla if the seagioloale. He
esMended that there nee set the slightest armada far
Oldham guilty knowledge te hie than, who lad Imam
Ike rem yam en ea eadaent undo a• a mist
saidookiiito pleteleVirbe Ind sever ease skews brbb
made* arm =faded the articles in me sr any
etter=lbe ismote dimositien to meat m
Ur. Bader led lb, ease entirely in dm bands et Se 1
Milltie. Is sail eat in to the quells' elf lim Imee
atenideat el efts, mass sad other =enVe
it ne
pWe rztellsei el =Liles Is
isegbt
=t than that be AK net Oink mom to
, seemed M. Lewis that whatever Oa
might thiak
perMsitiastrike the prhonirbe
mast
be =ri: NI dewy Ur. Leeds
its =l, has Psi to tae bd.
%
cakin...2: 11l 1411hhas
whether fir
Mololl Omit Is mmtelt a OS 441111:= bow bees
Yee& Were me. I 4erg le elate Mel Ilhalotili at WI.
meat alleallia le lbe efe, sat only as the KIM
reefs ad Se rails, bet es Olean the ehressfar the yet-
esser,Mosiogis Wad Ile belesildr.lbsdlmalennallyeer-
readseed himself, and atoned ea lamelloplos af sheen
rif fri, Ow owns irmik the OM .yob kin *be
firmil