The Express.
London, England, 1850-01-16 00:00:00

SPORTING.

TATTERSALL'S—MONDAY.
Tun Drazy.—The following remark' were accidentally
omitted : In the above quotations the only alteration will
be Nand in The Nigger, who, slur he had been backed for
about 1301. at, 17 to 1, receded to 18 to 1, layers ; 10 to 1
was lain to two or three hundred pounds seat Ghillie Callum,
1,000 to 50 make about Clincher, and 1,000 to 60 about Vol-
tigear. Bolingbroke was not mentioned.

RAW intelligence.
—__
EQUITY COURTS.—YanzaDAY.
Barons Tun NAsTas or To Boas.
WILSON D. EMS. - CASS lOU OPINION OF COURT OP

Law.
This ca's cense before the court ea the petition of Bir W.
Eden. The question in the cause was whether certain
leasehold estates passed under the will of Sir Robert J.Eden
to the petitioner. The leaseholds in illusion lay coaii-
pious to the testator's ire ehnld mansion and estate at Windle-
stone, in the county of Durham, and the eight of the peti-
tioner was to show that the Ustator regarded the
leaseholds as fruiting one properly with the freeholds,
sad that they were intended by him to pass under a demise
in his will in urges strictly appacabls to freeholds only. A
are had been directed to a coon of law for its opinion on
the point, and a question arising as to the admissibility of
certain books and maps in 'eidetic., the ease stood over to
be emended, end the Master who had the settling of the
once having refused to Weer' in it entries and inferences from
the maps and books in question, the petitioner presented his
petition, submitting that a certain map marked C, and cer-
tain books marked B and 0, ought to torm part of the case,
and t raying that the Master's certificate inivet be reviewed,
and the mop and Woks might form part of the Case.
Messrs. Walpole, Medics, and Dumergue, supported the
petition : Mr. Turner opposed it.
The Master of the Rolls di, missed the petition, with
costs.

COURT OF QUERN'S BENCH.—YrsnaDAY.

WOLTOI V. GAVIII.-FALBII IMTRISONNINT By ♦ RECHVIT

AGAINST • COniAilDniloniell.
Mr. Montagu Charm moved in this case for a rule to
show are why the +nutlet in this case, which had
been found for the defendant, should not be set
aside on the pound of misdire.lion. The case
was tr.ed before Mr. Justice Coleridge at the last
sittings. It was an action for fair imprisonment
against Major Grin, 16th Lancers, for having derained the
plaintiff u • ironer for 18 days, in the block-hole at the
barrack+ at Ipswich. It was clear that the plaintiff was
brought to the barracks as a deserter from the Itoyal
levy, placed in the black-hole, and detained for 18 days. Be
was discharged in cocreguenes of an application to this court
for a habeas corpus, to which no
that he had been discharged by Major Gavin. The court on
this etwernent discharged the rule tor the habeas corpus, and
did not fix Major Gavin with costa. The plaintiff was •
labouring gar, Heim with his father at Sutton, near Wood-
bridge, 15 miles from Ipswich—Woodbridge lying between
Batton and Ipswich, &petty @Mina being held there ores a
week, and osagiairatei living in the district. On 16th April,
1848, Worm was at • public-how at Button, in repay
with • recruit named Backhouse, who had been re-
cently enlisted in the Royal Artillery, and was
in plant clothes. Be was a native of Sutton,
and knew Welton, and after drinking together Walton re-
ceived the earth. shilling. It was stated by Backbones
that it was that Wolton 'build meet him in the
eserning at 9 and proofed to Ipswich to be at-
tested. Woken did not come and refused to accompany
limehhenee, the went to Ipswich and informed the non.
commissional ISM commandieg the recruiting party of
the Sepal Arany. Accordingly on Tuesday morning the
Itishisflise awl Deckhouse went to Button in the middle of
Malay, found Welton ploughing, and persuaded him to
y them to Ip.wich, where he was billeted at •
Oa the 'Wednesday morning he west away,
end Whig men heard of him till the succeeding Thursday.
Wedoesie, was the day the petty sessions were held at
and on Thursday the Ipswich corporatios
amgistestes met, and it had been proposed that Wolton
sherd be taken there to be attested. Oa 17* April the
berhordier of artillery and a file of men went to the
emilegicie of Wigton at Satre, early is the morning,
look him away, handcuffed, trough Woodbridge to Igo.
silk mil lodged biro in the gaol there. The bomberther
Ora =OM Y. Sampson, • corporation magistrate, to get
a .anoint of assertion; which certificate was not pat k.
is =doss that the bombardier themglit the proper
:rto set the certificate from was an 'pawl= magis-
ata= remained in gaol throe days, and, while
thus hi friss& applied to Mr. Powsall, an attorney, who
saw Gavin, stated the objectless to his 'allotment, and
Mid it would be illegal if he detained him In
oaslsly; sad be advised him to consult Mr. Cobbold, M.P.,
who hal formerly been an attorney. On Monday, let May,
he was takes to toe barracks, whoa Major Gavin thought it
his duty to receive him, and he remained in the closest cus-
tody for 18 days. He was kept in the guardhouse during
the day, but placed in the Macao!" at sight, a sentry being
ea guard over him, and he was not allowed to cemmosicate
y him, and was led on the prison allowance. In answer
to the des it was proposed to rely on the Mutiny Act and
the Articles of War, and it was said that under one of those
esticdes of war Major Gavin was bound to receive the plaintiff
as • primmer without inquiry ; bat the learned judge took •
distinction, by which it appeared that wider the Articles of
W., Major Gavin WAS not protected, so that there was no
misdirection on that point. The whole question, therefore,
turned on the 411111.11• of the Mutiny Act r to what was us.
0110117 to be leas to make a man a recruit, which involved
the &mho of presumption. The Mutiny Ant re-
lated that is order to involve • recruit in the
Immlties si desertion, the enlistment should be
elnistly in salmemity with certain rotes. Firstly, it was
11101111111 that the enlistment should be made by • person to
a patiadar potties, that was, that the authority of • re-
amid= seemmat might be given to • soldier, butte mast
be as attested soldier, and have sorority brides at the time
of giving the shilling. Certain Etmli:uary gantions were
Sim to be asked of the recruit the persoa enlisting, and
=Oda twelve hours of the sal t his name sad real.
base woe to be taken dews ; but the man was pretested
*Mt be bad taken the shilling by kerne erampeteat to deal
▪ the matter, sad
Ho who_ might kaow soesetking of
Hai pasty aserams was to bo taken
=Ohs a given time balm • jostles in the neigh-
hearbool or of the divides of the meaty in
width ks roiled, mil allowed, it he liked, to pay emert•