The Express.
London, England, 1850-04-25 00:00:00

THE EXPRESS, THURSDAY EVENING, APRIL 25, 18.50,

Rion Intelligence.

goverseref Tothlllefields prism ; and the dehudasts, by their
third ptea, @mkt to plead the warrant of Mr. Moylan a* •
justifiaatitea. To this plea the plaintiff dissiumd.
Mr. Temple now appeared in support of the demurrer,
and contended—first, teat the warrant was had in the first
place for uncertainty; and, secondly, that it did not appear
on the face of the warrant that there h.d been any adjudi•
cation of the ease by the judge. It merely appeared that he
had ordered the plaintiff so be detained in custody until the
Meg of the court, sad led then sent him to prison, but
there had been no adjudiestios of the ease. The learned
counsel ale* emiteuded that the sitars elf the lama ought
to have been stated in the warrant. It should have ap-
peared whether the Iseult wee by words or gestures, so that
• superior court might have the moans of deciding whe-
ther or not share really had been any disrespect offered.
The judge of the *mate wart ought not to be the only party
to determine -hat eonetitnted ea insult, bemuse his decision
would depend very much tapes the state of his mind, end
he might be apt to consider a thing an insult, which was
not, particularly if he had eaten too much beet for his
supper the eight before. (Laughter.) The learned counsel
concluded by contendieg that the defendants, Smedley,
Fleck, and Tracey, were Equally as liable as the judge of the
county court himself.
Mr. Whateley, QC., and Sir John Bayley, appeared on
behalf of the defendants Smedley and Flack. The first
mentioned learned counsel addressed the court. He con-
tended that the warrant could not be stated to
be bad for uncertainty, because it stated plainly
that the plaintiff having insulted Mr. Meylan, he had been
detained in custody until the thing of the court, and then
committed to prison for seven days. The words of the war-
rant followed the 113th section of the County Courts A•-t,
which empowered the judge, U any party insulted him,
Or any officer of the court, or any juror, to fine the
party a sum not exceeding M., and in default of payment
commit to prison for given days, or he can send him to
prison for saves days. It sae not necessary, as had been
contended on the other side, that there should be any adjudi-
cation of the case where • party wee punished
for contempt of court. A, to stating the nature
of the insult in the warrant, that was not
necessary, nor was it in some caste hardly possible. Sup.
tom the case of the judge of a county court very properly
refusing to fight a duel, and that his challenger came into
court and twisted a whits feather about before the judge's
face. Now that would be • gross insult, which although it
would not be understood by other people, would be well
underst-od by the judge, yet he could 'comely set out such
a fact upon a warrant or commitment. Take another in-
*tames suppose • man in court wishing to show his doubt
of something, pat his thumb to his nose, and " took a sight"
of the learned judge, that would be • gr.at insult, yet
leach a thing would not be stated in a warrant. (Laughter.)
It might unfortunately happen that the judge of a county
court had • very red nose, and if a man were to sing in
court " Who gave yeti such a jolly red nose ?" that would
be a great insult ; but it would hardly be set down in the
warrant by which he was committed to prison. (Laughter.)
He (Mr. Whateley) submitted that there might be instances
in which • judge might be insulted in such a manner that
although other people might not be able to perceive that he
was insulted, yet he himself would be able instnetliately to
do so, and therefore the judge of the county court was the
proper party to determine what was an insult, and it was not
necessary for him to specify the nature of the affront in
the warrant of commitment. The learned counsel
concluded his argument by calling the attention
of their lordships to sec. 138 of the County Courts Act,
which provided that the proceedings of the county court
should not be set aside on account of any informality, and
submitted that if the warrant was not stricly formal, that
was no ground for declaring it to be invalid.
Mr. o,Ele then addressed the court, and said that he ap-
peared tn. Lieut. Tracey, the governor of Tuthill-li. Ida pri
son. The learned counsel contended that his client was en-
titled to put the plea of justification on the record which he
had done, bemuse he was bound to obey the warrant of
the judge of the county court, and it was no business of his
to inquire into its validity. For this reason Mr. Ogle sub-
mitted that the demurrer ought to be overruled.
Mr. Temple having replied,
The Court said they would take time to consider the
matter.

EQUITY couIas.—TUTIMDAT.
Strom es* bes.Caaspessaaa es lINBAND.

Tam hue or Tem Two Mown s. Ts§ Pannammma
AND ORIENTAL SISAIN PACRAT C AAAAAA LCD animas.
—Dammam* ma awa maymmumwss, mum 'twit Pmozsr
COMPANY,

TM---rWeleelen elf this sue ban already bees folly re-
is the &prom The we same on upon the
rthi If January last, upon notion to dissolve en en pate
ittaallion granted by the court is behalf of his Majesty the
K of the Two Illicilies, to rntraia the defendants, lb*
Pen if and Oriental Steam Packet Company, from de•
Uveeleg spa vessel celled the Bombay, whisk had been pur-
chased by two persons named Orenatelli sad Scalia, who
were sent over to this country for that purpose at the time of
the late revolution by the usurping government then in
existence. The ease also came on upon demurrer to the bill
by two persons named Brodie Willcox and John Moody, in
W Nall names the vessel had bees registered under the act
the for registration of ships. The it unction was dissolved
on the ground of the iii.eaa Packet ompaoy having ported
with their interest before the bill was flied, and the demur-
rer wee overruled on the ground that the plaintiff had had a
right to follow to this country property which had been
abstracted from the royal treasury by his rebellious subjects.
The cam now came on upon the demurrer of the Steam
Packet Company, who:alleged that they were net bound to
answer the bill as to those parts which charged a conspiracy
to contravene the provisions of the Ship Kegialry Act, nor as
to those parts which charged that an offense had been com-
mitted by them within the meaning of the Fort ign Enlist-
ment Act; " and the defendants submitted that by answer-
ing the all, stations they would be committing en indictable
offence, and would render themselves liable to be proceeded
wiliest in the courts of law.
The Vice Chancellor reserved hie jadjuseat.

COURT OF QUEEN'S BENCH.-YESTERDAY.

Bnnlxus to BANCO.
Tau Qualm e Usoaos Dlxox

A rule for a quo;rarranto had Mien obtained in this case,
sailing upon the defendant to show by what authority he
exercised the functions of Mayor of Carlisle. The facts
of the case were those. Dixon was well qualified to be put
upon the citizens' roll for the year ending tne lit November,
1848 and 1849. In the year ending let November, 1848, he
was on the citizens' roll, bat was not too in that ending let
November, 1849. On the 12. h November. 1847. be was
elected • cuuncillor, his term of office to expire en Ist
November, 1850. On the 9th November, 1848, he was
elected mayor, and at that time was not on the citizen's roll.
The material facts of the case were these. Dixon was not
on the citizens' roll at the time when he was elected mayor.
The mayor, by the 49:h section of the Municiral Act,
must be chosen from among the councillors or the aldermen
of the borough. The question then was, whether D :on
was a councillor of the borough at the time of his appoint-
ment as mayor. By the 28th section of the act, it is enacted
that no person being in holy orders, or a regular mink r of
• dissenting congregation, shall be qualified to be elected, or
to be councillor er sideman of the borough, or who shall
not be entitled to be on the burgeon list of the borough.
D:zoa was qualified to be on the list, bit', in fact, he wss not
on It.
_

--
Mr. Unthank, in eopperting the quo warrant°, contenied
that the list was the thing to be lot ked to as eenclusive on
the question of title. In supporting this prop•sition the
learned ceunsel referred to several sections of the Municipal
Act, some of which appeared to contradict each other, al-
though he contended that they did not actually do so, and
complained of the loose wending of the act, as having given
MO to the apporent inconeies ticies. Different terms were
used in different parts of the art to denote one and the same
thing. This arose from the b:il having bet n tampered
with by the introduction of amendments by different per-
sons into it. Perhaps the word
.tampering might be too
strong a term to use.
Lord Campbell—Too: may apply the term without scruple.
I Had the bill pseud in the shape in which it was introduced,
it would not have occasioned su much perplesity to this and
other courts u it has done.

Mr. Martin c:ntended, on the other side, that the defen-
dant was eligible to the appointment under the Nit section
of the act, by the fact of his being entitled to be on the list.
TM. cusideration, taken in connexion with his being duly
elected a councillor, established his eligibility to the
mayoralty. The learced counsel was psoceeding with his
argument when he was stopped by the court.
Lord Campbell—We are of opinion that the defendant
•Lould have judgment in this case. At the time of his
election he was qualified to be elected mayor, being at that
time a councillor. Ring on the burgess list at the time of
his election u councillor, be was qualified to be elected as
councillor. What objection then oiruld there be to his being
elected mayor ? The 52nd section of the at', on whinh some
stress had been laid, applied to supervening disquallications,
but ceasing to be on the burgess list was not one of such dis-
qualification..
Mr. Justice ratteson raid that both the case of " Regina
e. Harvey," which bad been relied upon by Mr. Unthaak,
and the act cited, were direc'ly against the rule.
Mr. Justice Wigbtman coneurred.
Mr. Justice Erie s .id that he was of tile same opinion.
The qualification was that of being entitled to be on the
roll, the roll it‘elf not being decisive as to an individual's
right to be on it.
Judgment went therefore for the defendant.
THE QVIIIN o F. WHITMAUK Eau.

MIDDLESEX SESBIONB.—YESTERDAY.
BITOIII ria. Baarr.tar Mums.
Tux ARGYLL KOO5lB.
Is the course of the day the grand jury rime into curt,
and presented tour true bills of indictment against George
French Dryer, Robert Bignal, enristopher Brown, and
Restbe Laurent, the elder, 11,,r miedemear.our, in k-epine the
Argyll Ito ims, Great:Windmill-street. Haywrket, open for
may is sod dancing, without being licensed under the act
25th Geo. 11.

Stowell, the prosecutor, handed in come affidavits, upon
which he wit d for warrants in the usual form.

The learned Judge, having examined the indictments,
asked if these parties had not been before indicted in resptet
of the Argyll Rennie, and whether e offence now alleged
against the defendants was not committed at the same
tome as the offence alleged against them in the former
indictment.—Stowell en•wered in the affirmative.
Mr. O'Brien said he was instructed, on behalf of the de-
fendents, to make an application to .he court in reference to
these indictments. There were indictments pending in this
Central Criminal Court against these defendants, *wird
some of whom a none prorregui had been *Hired to b. en.
tired, and as the defendants, with the except:on of Mr.
Bryer, wen not in town, he applied that the w aaaaa ts might
not issue until Friday, on which day the whole of the de-
fendants would be prepared to come into court, and put in
bail.—Tbit learned judo granted the application.
INC/11110UB Fn,►rna.
. . . .

A mandamus had been imued in this case directed to the
defendant, who wes the Rilistrer-Cienersl of Joint-Stock
Companies, commanding him to register a company known
as the National Land C impany. To this the defendant had
made a return, which set forth that the company was not
a joint rock company, set on foot for commercial purpcses,
or for any purpose of profit ; and further, that it carried on
the business of • beck, being composed of more than tire
persone, carrying on the business within GO miles of London;
and that it was a company for carrying into effect en illegal
scheme in the form of a lottery. To this return there was
a demurrer, and, on this del:turner, the cue came now on
to be argued.

A sharp-looking boy.nam oo was indicted for bevies
fraudulently obtained, by tater pretences, the rum of 11,
from Mr. W. Pinney, M.P., and the sum of 14.. from Mr.
J. B. Carter, M P., with intent to cheat and defraud theta
thereof. Mr. Payne defended the prisoner.
It appeared from the evidence of Mr. Pinney, ALF., and
Henry Tozer, one of his servants, that on the 30th of January
the prisoner went to his residence in Berkeleprquare, and
pr...need a receipt for 14s. for a copy of a modern edition of
" Whitely on the C 01414711 Prayer," which had been de:j-
eered at Mr. Pinney's residence, and which the receipt
alleged to have been ordered some time before by a member
of Mr. Pinney's family ; and. believing that this represents
Lion was true, Mr. Pinney handed 141. to his servant Tozer,
directing him to pay that sum to the prisoner, which he did.
It turned out that the book in question had not been
erel.sed, and that the publishing prics of it was 3s. 6d.
Ins steer Field, of the detective force, deposed that when
he spprebended the prisoner on this charge he raid he was
employed by a bookseller in King-street, Hackney; but
afterwards he said it wns no use telling any more lies about
it, he was the sole mover in the affair. On his person wee
found a number of receipts, in precisely the same form as
that by which he obtained the money from Mr. I'inney.
Mr. J. B. Carter, M.P. for Winchester, deposed that he
paid the prisoner 14. for " Whately on the Common
Prayer," the tame edition as was referred to by Mr. Pinney,
' which the prisoner produced a letter to show was ordered by
him (Mr. Carter) through a Mr. Whitely, the Winchester
reporter for the London press, end brother of the author. It
did not occur to him at the time that the book was originally
published in the middle of the hat century, and could nor,
therefore, have been ordered of the author's brother, and
subsequently he ascertained from inquiry that there was nu
Mr. Whitely at Winchester connected with the press.
Th. re was no such pers in.
Mr. Payne made no defence, and the jury found the pri-
soner Guilty.
Another boy, named Cooper, was then indicted for
fraudulently obtaining by false pretences, from Mr. Pinney,
M.P., the sum of 125., with intent to defraud him of the
same.
- -

Mr. Peacock (with whom was Mr. Mummer') contended,
in support of the demurrer, that this was a commercial corn
pany, established fa the purp See of profit, such profit to
employed for the purpose of promoting the general suc-
cess of the scions', which was that of purchasing land in
large quantities and then distributing it, in allotments,
amongst the sutreriben to the scheme. The company had
estiviished a bank, it was true, but he denied that that made
it a bank within the meaning of the Banking Act ; the bank,
which it had established, teing for the receipt and applica-
tion of the eontributioos of i's members to the general pur-
poses of the scheme. He also contended that it was no
lottery, there bring no party having an interest on one side,
I contrary to the interest of thci-e, not of the subscriben, on the
other. All had similar interests, but same amongst the
subscribers might have got their interests reduced to a be-
neficial shape at an earlier period than others. In support
of his view of the cue the learned counsel read copiously
from the roles of the company, and cited various acts of
parliament.
The Attotney.General (wi h whom was Mr. Wi l'hy)
supported the return. If this society, existing uit did for
the distribution of shares of land, could be registered, then,
as for such a purpose there was no distinction between
land and goods or money, any society whatever, es-
tablished for the distribution of shares by allot.
ment, might be registered. This scheme resembled
building and literary societies, which were expressly
excluded from registration under this act. The application
of the rent to produce more land to the company, was not
the application of the rents as profits. The division of in-
tenets in lands among persons having equal interests was not
similar to the allotments made in this case. In the other case
both the rights sod the division were equal ; but in this the
parties concerned were divided int o two classes, the winners
of prizes, and such as did not win them. This division was
effected by chance, which gave to the whole proceeding the
appearance and the character at a lottery. Another reason
for rewarding the cumpany as illegal was, that it clearly
carried on the business of a bank In Holborn. It
was not, therefore, fit to be registered. The di-
rectors were to convey the land to be divided
into allotments, but to whom were such conveyances
to be made. They were to be made to such only as were so
fortunate as to be the winners of prises, and although it nosy
be true that all had a joint interest in the general fund, still
all who won prizes had an interest against all the others.
The Registrar General had no alternative but to refuse to
register the scheme, and judgment should, therefore, go for
the defendant. _

The prisoner in this cue had taken a receipt for 124. to
Mr. Pinney's residence for a " Life of Dr. Adam Clarke,"
which was represented to have been ordered by Mr. Pinney,
or some member of his family through a Mr. Clarke, of 80.
menetshire. The money war paid to him by direction of
Mr. Pinney, who believed the representation to be true, but
it turned out to be entirely false.
. .

The prisoner was acquitted in consequence of Mr. Pinney
being unable to say positively that the sum paid to the
prisoner was in "shillings," as deeeribed in the indictment.
Inspector Field stated that he apprehended Kit g as being
connected with Cooper in these transactions.
The mother of King deposed that that prisoner bad been
in the employ of a bonkseller named Burgers, at Boston,
who used to send him out to deliver books, sad then collect
the money.
The learned judge said there could be no doubt that an
extensive system of fraud had been carried on by the
prisoner, and sentenced him to six months' hard labour at

Mr. Peacock, in replying, war informed that it was none-
enemy for him to trouble himself as regarded the point of
the company carrying on the banner of a bank. He there-
fore went on to contend that the scheme did rot fell within
the restrictions which warranted the defendant in refining
registration to a scheme. This was not an illegal society, and
it was to prevent the formation of such societies alone that
' the legislature had interposed. The shares were distributed
by dunes, bat it war not on that anomie neeesearily • lot-
' tery, as it did not fellow that the parties winning the prizes
were the oely peruse benefited.
Lord Campbell—lt may be a lottery, although the fortu-
nate panics might be those who did not win the prizes or re-
ceive the allotments. (Laughter.)
Mr. Peacock °binned that there was no distribution of
the land by lottery within the intent and meaning of the
Lottery Act. He also insisted that the company was a com-
pany estahashed for the purposes of profit, although in the
tint instance the destination of the profits was indicated.
The court took time to consider.

THE POLICE COURTS.
CLEIKENVVELL.

SWINDLING ADVENTISZNENTS —Just before On closing
of the court several young men of respectable appearance ep.
plied to Mr. Combe, stating that they had been swindled
out of 501. and other large amounts of money, by parties
who had advertised in the 'limes newspaper, stating that
they mould provide situations for persons who could advance
doueeun. They had documents in their possession, evidently
showing that a nest of swindlers were carrying nn an exten-
sively systematic plan of plunder with impunity. Mr.
Combs said he oould do nothing for them, and referred
them to the County Court for redress.
WESTMINSTER.

86NDINO TH 22222 NINO LETTNIIS TO TR■ EARL
.01,

; _______ BastiZit7oott77/wireas l'ouvU, who described himself se
COURT OF COMMON PLRAS.—YESTERDAT. a° artist, was charged with sendiric threatening letters to
the Karl of Beesborough, and the offeece having bees proved
amnia°. IN Ameco.—B•mas Loan C,,,ar JVITICI WILD, Ma.Jus-
WE CILIIIIIWKLI, NZ. ',INTIM WILLIAM, AND Ma. IYITICC Tat,. he was ordered by the =snidest" to find bail, himself in
i swam2ool., and two sureties is 1001. each to keep the peace to his
. LEVI V. MOYLAN AND OTHlRS.—Acvtort /Oh ASSAD= AND; lordship, and all her Majesty's subjects for twelve months.
/FALAI IMPRIBONICINT.—DINIIIIKSIL He was committed in default.
This was au action of assault and false imprisonment, LAMBETH.
which had been comnienoed by LAWMAN Levy against Mr. RUFFIANLY BIIHAVIOUIt UP A ROLDIEII.—John F'orrest,
l &Wan, the late judge of the Westminster County Court, a private in the Coldstream Guards, wee charged with
and Mr. Smedley, the high bailiff of the court, Mr. Flack, assaulting a number of persons in the Olive Branch public-
. a bailiff of the court, and Lieut. Tracey, the governor of house, Lembetivesarsh, with a bludgeon, and attacking the
Tothill-fielde Prison. The first defendant, Mr. Moylan, bad barman and police who endeavoured to eject him from the
died since the bringing of the action, and it had been coail• hones.
sued against the ether defendant/. The ease now cease before The barman of the public-house said the prisoner entered
the court upon demurrer, the plaintiff having demurred to ,he plea in front et the bar at nine o'clock last night, in a
the third plea of the defendants. That plea set forth stets of great excitement, and demanded to be supplied with
a warrant of the judge of the county court, directed to the 11,juer. Witness, seeing he was drunk, refused to serve him,
other defendant", and authorising the committal of the when be flourished a bludgeon he had in his band, and
plaintiff to Tothill.fleida prison. The warrant of committal threeened to smash all their heads if he was not served.
hoiden as fit. Martin's lase, on the 21st of February, 1819
set forth that on the 21st of February, 1849, at a court Before orlutess could get round the counter he had carried
his thread 1.4t0 execution, much to the terror of the eoli-
ths plaintiff, Lawrence Levy, wilfully Washed Mr. avian,, tomes, who rice oat into the street crying Cut " murder and
the judge of the court, upon which he ordered him to be police." pareac'ng that he was Dent upon doing some
mart, and then committed him to Tothill-Belds
takes tats cu'tody and detained until the rising of the mischief of a serious nature, he rushed offal aim and "den'
Prins for toured to wrest the wilstion from his hand, but he was too
Nye* days. The warrant was directed to the defendants powerful for hint ; sad. "d not "Tura constablesstables come W
Smedley and Mask, as high bailiff and bailiff of the West- b
is assletanoe, be belleva:l the soldier would have murdered
WNW County Coors, mod to the dokotdaat Tracey, as the moo gm

Mr. E Bet asked whether any person wee present who
had be... injured by hiss besides the barman ?
The latter replied la the negative. They were all se
fruebtened that they ran away.
10 defence the prlaor sr said be wee tipsy, end not aware
of what he was doing at the tine. He wee extremely sorry
for hie enniu

Mr. Elam ;aid it was most ruffianly conduct by a man
who was fantod as a soldier to koep the peace. lie should
flu his 605., or two months' imprisonment.
COMPLAINT AGAINST INN OFFICKIS UP TIER SOUTH-
WISTNIIN RAILWAY COMPANY.—Mr. Bartlett. a solicitor,
waited upon Mr. Elliot for the purpose of obtaining sum-
moues against the officers of the %quirk, Station of the
South-Western Egilway, for refusing to allow him to travel
on that line after having paid his fare and procured the
imagery ticket, whereby they wire liable to a penalty of
IW. Mr. Bartlett stated that a few days ego he went to the
Waterloo St dim for the purpose of proceeding to Winchfield.
Be purel'ased his ticket of one of the clerks in the pay-office,
and went on the plaques to get into one of the carriages
which was 'hint to leave. As he was in the act of opening
the cartilage door to take his sea', one of the company's ser-
vants took hold of him and Notified him admirsion' unless
he exhibited the ticket to him. Witnese being pui.ive that
the man had no power under the company's act to demand
hi, ticker, refused to show it, when he was prevented from
taking hisseat. Another pets in came up who 'Wed that
he was superintendent, at d demanded to see his ticket,
stating that he could iot travel on the Hoe unless he showed it.
Applicant to monstreted with him, telling him that their act
of parliament gave neither of the parties power to demand
his ticket, but that the guard is charge of the train was the
person. They still released to admit him into the curiae,
and he was left behind much to his inconvenience.
Mr. Elliot—What act of parliament do Jou apply for the
summons under?

Applicant—lt is the company's private act, 6 Will. IV.,
sections 172 and 179, which sets forth that any of their ser-
vant, note mplying with the inch is shall be liable to a pe-
nalty of 101. The bye laws also stated that no person has a
right to demand the ticket but the guird of the train, atter
once showing it on the platform. I exhibited the ticket an
usual, but when I was about to get into the carriage I was
aanoyeti by the two other meo. I was quite wiling to show
it to the guard.
. _

Mr. Whet imked Mai whether he had the bye Ism with
him.

Mr. Bartlett replied in the negative, bat be knew them by
heart, and was sure tnat be was right. It would be u great
nui.snce to railway travellers if they were to be subjected to
such annoyances by every person connected with the rim-
pany. Nu prams has aright to demand the ticket but the
guard atter its first ►sing seen, unless at the termination of the
journey.
Mr. Elliot—lf you are quits certain that you are correct
I will grant you a !unamons, butt am afraid you hare amin
understood the pow.re of the railway company and their
ICU of parliament.
Mr. Hartlett—l am quite right, your worship, and will
take all responsibility on my shoulders for the sake of the
peblic.
Mr. Elliot—Then you may have your summon,.

METEOROLOGICAL RETURNS.

•
The State of the Weather at
Nine o'clock yesterdey
arresged in order ot latitne

rHtitSDAY, APMIL 25, 1850.
each of the following place at
morning. The stauons are

Name of Placa.

oioneol
Vilna.

/trawl ot
wad. 1 Mate a/ Weather.