The Express.
London, England, 1850-03-29 00:00:00

EETTLNG ON THE COUILSL

NORTH llIPT074;;H1;11 gIrACIO.---:i to .Itins Odahi
(1), 6 to 1 agatnat Monasesr, gni 10 to 1 against Betas.

nab) tntelltgetut.

PLYMOUTH COUNTY COURT.—MARcu 26.
Bans W. Y. Pasas, 114., 'nom
'WILLS V, Bolt.—A RION INAILLFP YCLCT OT • DINT

AND COSTS.

This was a we in which llr Wills, a grocer of Plymouth.
was plaintiff, anti F • k Burt. late a earl= We, of
Plymouth, and who has recently passed through the Court
of Bankruptcy for Devonshire, was defendant. The care, as
new kr mkt oa, was on an application (founded on &Ser.
via.) oloiett had been made to the court against the high
bailiff, calling or him to show cause wry he had stiff: rid the
defeadan', Feeder ok Burt,;:e re goo oat of custody. The
Judge grained a rate ni.i on the 26. h Feb. last, and on the
Igs, Jos. the case was beard.
Mr. Edroada, who was instructed by Mr. Leven (he being '
• missal, weird for the plaintiff, and Mr. Elwor by for
the high bait.
It appeared from the evidence of Mr. Levers that the
Pendant was ordered to be committed for 20 days by the
jades of the cowl—that the high bailiff asked him to .oar pt
the underlain& of Mr. Biworthv, the defendant's attorney,
for the defendant's future appearance ; that he, Mr. lessen,
declined to swept such ea nod. ?taking ; and that the hi h
bailiff thereupon ordered me of the bailiffs to take the defen-
dant iato custody.
Mr. Ambrose, the bailiff, proved that he did take the dr.
Pendant into weetedy. sad that by order of the high bailiff
he was discharged out of custody.
The sass was signed oa the 12th day of March last , and
Irm this day the judge delivered the fhllowing judgment :
This is • case ;doles me serious c .neera se a complaint
against the high Militia the court, for allowing a defeortant
committed oy the mart to ergs, as the plaintiff alleges,
whereby he Oka plaintiff) tas lest the broth of the rem.
coign-at. The mower of the high bailiff w doable. First,
be says, by Wawa of no warrant of emmitsent beteg ap-
plied rat the C'7114, he could not take kin into mead, ,
It being neetreary in the first pi ,Clll to have such meat
Wire he could take him into eutt .dy &redly, the high
Whirls that he was featly to do his duty had the war.
east bees takes out after he had toll the plaintiff's
oftleesey it was netomary to be d 0.... It appears to
NIA that with what happer•l after Cie defendant was
in custody and had emped. I have nothing to dn. lb*
surtioa is, whether he wee fleet rightly in east, dy or not.
It hr been the practice of the high bailiff to take thelparties
committed into custody is the court, than to take them to
and afterwarce to receive the lIMID•at due to him
patina
Mid the treasurer has made an order that no wur.nt
fee ram:Men shall be issued sales it be paid foe at the
time. I have ddigeatly examined, but can see no power in
the treasurer to make such ea order. If a plaintiff takes
out an unsatisfied judgment he places the court in motion,
and on the commitment it is not in the power of the
plaintiff to say it shall or shall not be married out. The
act provides for the liability if the pla:ntiff for the fees, but
it is, in my view, imperative on the °Meer to follow oat the
order of the mart. It has been the practice of the high
bailiff in this court to take parties into custody immedi-
ately on their being committed, and it would be en act of
injurtice toward the may poor raga who have been
so committed if I wen to hold that in the case
Of the defendant Bart, who rams in a biter poll
ties, the high bailiff was justified is using r
be did on a threat made by the defendant's attorney, aa
vision at which I mast etyma my unfeigned regret, that
any gentleman pruner, u aa advocate should me such an
expression as was used. It is say wish that. advocates in all
the marts where I preside should point out the law, and
the facts that eppearanee they desire, and there rest
wee and not interfere with the order of the mart On
the present ortadon, the leered gentleman, who appeared
Pee the defeadant, told tie high bailiff to do hie duty at his
aTag high bailiff brans alarmed, and allowed the
ntral to go at large, and &naiad to Mr. Lagers, the
attorney fee the plaintiff, to indemnify him, suiting th .t he
had bees ladeariasi by the sefendent golleitor. I bar
had an epprts ity of rater:Aar oarthe subject with Mr.
CemmYsiaer Bere, of the Bawer Court of liskrapfay,
whose promising wee produced to justify the threat,
and 1 have authority, and may say, that it was a cur
Mr threat, and arm out of still for hie cheat, and
. .

---
maid pals bed so weight at aIL ohs two courts are
featly to eons late await, sad there is so deabt that the
=n sited wm sodium. I hope the bleb bailiff is
64. I think he has committed as error ander the
116 k action, sad the cmestina then mates as to the damage
the pUtiatiff has sustained ; it any be that it the defendant
had been Lassie prison he would have remained there, sad
the plaintiff Is hat sliohtly injured, but I cannot help
Waking, altar seeing me zeal and galley evinced on the
matter, that had the &readmit been Won to prima, the el-
asesative in the emansitment would have b... ad.-Toil, sod
Me debt paid ; tb. sew of hie !pima' large. it to defeat that.
I feel for the high bailiff, twangs, la my opinion, be always
madeamears to curry out his dal; bet in this case he Wvery
=way been misled, and, thereto», I am no reason to
say Bee *a hum, hat oaly to direct that • rule Ds
draws up, ordain the high Waite pay Me debt sad cosh,
la all 26f.

ASSIZE INTELLIGENCE.
:HOME CIRCUIT.—iCtsosToN, MARC!! 28.

The tommimioa lot the county of &ire, wu opened on
Wedawidap, sad this worait4 burins was proc"ethd with
is both 'ain't', Lord Chia, Justice Wilde preadult us the
aril side, sad lir. Jinni's Maids in the crows tour. The
pol ealeadar esatair.s the seam of 30 rimed". bat meet
et the offeuee are of the ordinary wuricur. Os the enrol
side 00 SUMS an wired, 12 at which are special jury
aaess, bat a groat may al the wawa jury ammo are sate-
bads&

NORFOLK ClRCUlT.—litua Si. EDMUNDS,
MASON 17.
TM Malmo «....«+mon* tM PAM
Mears Wen Mr. Jerks Wiebesms.
ILSTINN UNION ILLILWAT COWPONY N. isififirDS.
TM salon was Is mem $ll 10a M.. the amass* gas se
tM essmossy 1* gas wilds M boss mods spa
hadsat, • mikesse, st Itssetard, is roma el tames w
bad boss as Ids muss royeasred la Us mesa Is
quires Oslo drifted tbs skids vb. Wed sp sat ANON
ss• Mum M seseksiss Ms Raped sea. reall Moak/
seserred Is probe Ms by otessigari mlessee, sad as
bag* ..,Wsmscruat h', gibe elliesmaied yr.
=/..
Weed IllgE Joe, _ . Q.C., Sass • mast
misled Mt Ibr MOW, Milt Ism to mem ter a semen Is
Me mmel *boa

OXFORD CIRCUIT.
urrasugo Pose= 61. Norm of ran
BAWL
OW,. Wilma. apt as (sea reed and write impure
fee:l7), was charged with having, es the 12ad of Deeming
last, at Hereford, uttered sad put of a ameanthit saleb
is the Nis of • beak nom of 61., with latest to *heat end
&freed Mr. Wm. Herrin Malmo.
It appeared that as the events; of Ik. 2301 of Dmomber
the printer went late the shop of preseenser. and psediamed
a cost, for which he agreed to give H. b. The prisoner
paid for the seat with • -forged 61. not* of the abornmen.
dosed bank, and matived from Mr. Mellesa $ a minim
wad lb. as his cheap. Is • day or two afterwards Mr.
Maclean amosmalaed that the note he had rewired wee •
foriewy, and istonnadea was gime to Mr. Adams, the
Sepedateudest of the Hereford City Polls. From the de-
scription gives by Mr. Madera. Mr. Adams, la Palomeary
last, ascertained that • as.. unsnarl the utterer's ,:secrip.
don was apprehended i. Ditmigham. Mr. Adams. is
monsevience sf Iki.isdigearias. Mak Mr. Maclean to Hire
whom se Wes Oreed welch other prisoners,
be saw the prisoner. who fork him trial for anether
ace,f and was ossienoed ten years' transportation.
Mr. Utima remegnivil the pawner as being the person
who had the coat of kin, and win sews Wm the footed 61.
note in payment. • writ of balms serpws was obtained,
and the prisoner was brought to Hocobad be take kis trial
for the asses. Mr. Kaska' swore positively to the pri-
soner. and his lividness war mioarned by Mr. Mame, to
whom be gave an accurate description of the prisoner pre-
viosely to liaviog sees him. Throe otter tradesmen ia
Hereford, to whom the prices, had passed forged note. on
the same erotism rmognieed him as the peaty who woad
them.
Toe prisoner endeavoured to prove as albs, and brought
forweea • maa 'rem BiniMaghan for the uarposs of reviser
that the prisoner toss at his Muse from throe o'clock in the
diereses till live endoelt ea the day ho wee alleged to Yam
uttered ski feared ammo I. Hereford.
The jury, hawever, did net believe the *vides*, of this
witness, it Mead Ma Hobby.
Mr. Berea Platt, le addition to the ten years' Matiopor.a.
tion to which the miaow had been previously sentenead,
awarded to lint Miss years' transportades for the present
offence.

MARCH 47.

Three other bills had been kmad against the primmer for
haring uttered forged nous oa the some beak he Here-
ford, ea the some day, bat in these casts no middies wee
offered.

No les than 12 monk forgeries ea the Raw bask, ware
paned is Hereford oa the mai d.y, ad it is supposed that
the prisoner woe the utterer of the whole of theta. Mr.
B.roa Platt, watt tried the case, passed a high salvias' oa
Mr. Adams's conduct for having brought the prisoner to