The Express.
London, England, 1850-11-23 00:00:00

LAW INTELLIGENCE.

THIS DAY.

COURT OF QUEEN'S BENCH.
armee a BANDX—Beroin Loco
_C+ N.. Janes Co m.

anon, aim Ma. Junes E.L.
TUN QUINN V. KINALLT.—INDICMI3III LOILINST BAR
118111 i lON ILL-I:MING NM SON.

QCe., co tostdsi i
ien hea n N
indictment
ride-ten. rule
In this case a rale had been obtained on behalf of the de.
which the prosecutors, the guardians of the London Union,
fibladadanobttabiroeMdrtOWhatelybe dtt
bad been rerioetd WM this court by certiorari.
lir. Crowder, QC. who appeared to show cause aslant,
said this was an Indictment which had been preferred antics:
Mr. Keenly, a barrister, and upon which he had hem
found guilty of en assault upon his illegitimate child,
a little boy, of between six and sew n years of
age. The assault ter which the prosecution had
been ituitituted was a
which the defendant had inflicted upon his son. The child
had been found in the stream covered with stripes, and upon
the recommendation of two aldermen of the city of Londoe,
before whom it was taken, the guardians of the
West Londoa Union had instituted the prosecutioe.
The aide-bar rule had been obtained for the coats of the pro.
secutors, and Mr. Honesty was now desirous to have that
rule set aide, on the ground that the guardians were not
bound to prosecute, and consequently not entitled to
costs. Mr. Kenealy also submitted that the gear Ilene
did not prosecute ex officio, and were not 0.1..0
to act in the manner they bad done by a seem
of public duty, but had acted voluntarily. Now he
(Mr. Crowder) contended that the guardiaes clearly
came within the meaning of the sth William sad Mary,
cap. 11, see. 3. That section provided, that prosecutions might
be instituted by • churchwarden or an overseer, or any outer
civil officer or officers. lie (Mr. Crowder) submitted that the
guardians came within that provision, as they were civil
officers, having an important trust to execute. Lord Kwiyen,
in the case "v. Kettleworth," 6 Term Reports, page 32,
said that this was a remedial act, and then:it tune-
fore receive a liberal construction. He could scarcely
conceive • case in which a stronger moral C.uty de-
volved upon the guardians to prosecute time the
circumstances under which the prosecution was instituted.
lie did not say that an indictment would lie &gait.: them
if they had not prosecuted, but it could not be said that it
did not concern them as "civil officers" to prosecute. It
concerned them to attend to the child's wants, and the pro-
secution was a thing which it was • part of their duty to do
as civil offieen. He apprehended that would brief( the Cate
within the act of parliament. In support of his argument
the learned counsel quoted the came( the Queen v. the Eari
of Waldegrave, 2nd Queen's Bench Reports, page 31.
Mr. Whately, Q C. in support of the rule, contended that
there was no legal obligation on the guardians to prosecute
any more than on the magis.rates, or upon any person
who happened to have the case investigated before the ma.
'filtrates. The duties of the guardians were specified, but
to institute a prosecution lake the present was not one of
them. By the 7& 8 Vic , cap. 101, they were directed to
commence certain prosecutions, but they load no right
to prosecute Mr. Kenealy, who was willing to
receive back his son, and to reimburse the guar-
, diens for any expense they might have been at in re-
spect of the child. in support of his argument the learned
counsel quoted the cases of the King v. I) mbutst, 5 Barn.
and Adol., and the King v. Sharpness, god Term R-ports.
Mr. Serjeant Murphy followed on the same side.
Lord Campbell was of opinion that the rate in this cos
ought to be discharged. The question turned upon thy
construction of the 6th and oth William and Mary, cep. 11,
see. 3. He (Lord Cempell) did not say that it ought to be
construed strictly or literally. lie must look at the words
the legislature had used, and gather their intention from
them. The prosecutors were tie guardian of the West
London Union, and the question was, whether it
concerned them as officers to institute this prooteution ? Did
it not concern them to prosecute ? Although they had yelp
an imperfect obligation •to do so. It was so decider in the
case of the Queen v. the Earl of Waldigravo, and such was
the construction then put upon the act. The coact were to
consider whether, under all the circumstanos of the case, it
was the duty of the guardians to prosecute. lie (Lord Camp.
bsU)thought that it was. It appeared that Kenealy had
treated this child generally with affection, but it had been
found cast upon the world without a human being to take
charge of it. It appeared to have been unmercifully igged,
and there were apparently signs of an attempt at evangel*.
tion. Such was the evidence laid before the magistrates, and
under such circumstances the guardians were in loco parentis,
and it was their duty te take care of children so situated,
and to do all that was fit to be done to call to account the
person who appeared -to have committed such enor-
mous cruelty. There was no one else to prosecute. If the
guardians had not done it, this cue would
been investigated—an offence, apparently of great mag-
nitude, would have gone unpunished. He (Lord
Campbell) thought it was their duty to institute this preseca-
Lion, although no pecuniary advantage arose immediately to
the union; but for the good of. the public such offences
should be investigated. He thought the guardians were
entitled to the costs of this prosecution, and he would also say
that this was a very salutary statute, and if s party charged
would theist upon bringing the case by ceruorari beton
that court, he must be at the expense of an doing.
The other judges ispressed a Limas: opinion.
Rale discharged.

POLICE INTELLIGENCE.
THIS DAY.
BOW•STREET.____

TES ROBBNAT 411DDUAGL4KI IN TEN STRAND: COX.

XITTAL OP TIM 128180111117.14.
D. Shaw, J. Badcock, ✓. Gardener, Eliza Chearanats,
alias Leonard, J. Boettcher, Mary Ann Bwscher, alias Lae-
ton, end Charles Clinton, the errand boy, were finally ex-
amined, charged with being concerned in the burglary com-
mitted on the premises of Menu. Williams end Clsphern,
the jewellers, of Noe. 13 and 14, Strand, on Monday, the
21st ultimo.
Kelly having been called as awitneee, and given important
ev:denee, which, in cmisequence of its length and the late•
nese of the kour when it was concluded, we must defer
plating this afternoon, and the other depositions heriag
been concluded, the prisonen were committed for trill.

IRELAND.

DUBLIN, Nov. 22.

There has not been as yet much opportunity for
any expression of opinion in Ireland on the subject of
Cardinal Wiseman's " Appeal," but, as might be anti-
cipated, it is very generally regarded by the ROOl%ll
catholic, as a satisfactory statement of the arguments
which are need on their side in the present agitation.
The Freeman's Journal says : " It is plain that Car-
dinal Wiseman has done exactly the thing that was
needed. He has surprised by his readiness, con-
founded by hie reasoning, wounded by his keen sar-
casm, and awed into respect by his firmness and his
frankness the host of his assailants." And that this
is the general view entertained of it among the
Roman catholics there con be no doubt. No expres-
sion of protestant opinion on the subject has yet
found its way before the public.
Mr. Fitzgerald, one; of the candidates for the ap-
proaching Limerick election has retired, in conse-
quence of the tenant league candidate, Mr. Ryan,
having been put forward. This will leave the contest,
u regards the liberal interest, between Mr. Wyndham
Goold and Mr. Ryan and it is very generally babel-
pated that Captain Dickson, by the aid of the com-
bined conservative interest will be thus enabled to get
in. There is, it is said, but little chance at all events
for Mr. Ryan, who though an honest and useful man
in other respects, is not the sort of person to send
, into the House of Commons.
By this time every candidate for the Dublin muni-
, cipalelections, which take place on Monday next, has
, accepted the pledge to oppose the abolition of the vice-
L royalty, or at least expressed his opinion as hostile to
t such a measure. The old corporation has now ceased
to exist, and Mr. Reynolds, at the last meeting,
, handed over the chain of office as Lord Mayor, to the

town clerk.
The Cork .Reporter of yesterday contains the fol-
lowing brief notice of a terrible catastrophe at sea
" By a private letter received this morning in town,
we learn of the lose of the emigrant ship h
Edmond, c 0
if
Killkeel,bound from Limerick to New York, wit lo
individuals, all of whom, it is stated, perished."
The Clare Journal, of the lame date, contaiwi a
similar report, and states that a number of the dead
bodies had been washed upon the shore.

THANKS TO THE LATE LORD MAYOR.— Oa Thurs-
day, after the dispassion upon the Pope's aggression, in the
Court of Common Council. Mr. Deputy Britten propose nce
d
vote of thanks to the late Lord Mayor, for the performa
of the duties of the mayoralty durum the last year. and for
the liberal and enlightened hospitality displayed by him, ar-
m, p
ticularly is his invitations to the mayors of the three lung-
deep, on the mansion of the entertainment of Prince Albert
with niferenee to the grand exhibition of 1851. Mr. Depot,
Britten paid some wellmorited compliments to Alderman
Parsoomb, and was enagetically seconded by Mr. Wilson.
OM of the common councilmen of the ward of Basaishor.
The vote was curried unanimously.
TEE MINT RIPOIPAUL—Tha Right lion. Richard
Idflor Shell, after having had sevanl fearless' with the
Okaaarilar al the ladiagase oat the subject of the contem-
plate' Mat lahrica,l•ll Imis Dar Ireland, for the purpola
et *Nu lip grigney la that cosatry prior to kis doper'
ti learamq.tilla YeqaaMa to Warn before the clew
of that meek, sad vilt, la ail pralshility, leave for the sell!!
of ida 411asswile aarefass about the 6th of Dmemberchiefly. we
nil 01.1411.0 state, that in him, and
"19. ag, the valuable sinecure of the
Mainsikt et so Mg auks& The public will also W
eat la lizaw that fin loam ad the mowen is also OU the
pilots,/ baingualadL—Olairo.—Thalaara anderfitandithat
eir ;aka liambal elli asusfai Shall as Mailer of the
tiaAstaafl that Ss aggsiallannt aff lamer be held I
ft aka will be nhood to
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