The Express.
London, England, 1850-11-14 00:00:00

quint. TM roars to Wwrit d amaimmak-a4S
*at Mr. Powelln* to Mlles/Asp the amid
be received ths nod 1371., bong the sminst of Me deems
for ming as* tapir. To this NUM One me a demurrer
statiag that it was Ma duty of_ .11so riferienf M pay to Mr.
Poiret his dims if um smoiess so amesst as empesso
demos if they sat OM skorrisse than that awarded.
TM real remiss Moms dm pieties was whethar Kr.
Da* to the stanpany were to pay Mr. Powell his
diliCliolidesoGestrelOs support al th• demurrer, now
sialmist Yet sho deer osobt is be barns by tee ossapany,
11M* dm bad mods so aro of compsmatioa. Tke
imMse Imo beard es give Mr. Rainy a copy of the
smsod, sot ft *Om ale °Meisel dopamine fee inspection
*Ms lemight lodomested. Mr. Finny Itinpulf mild sot
*WI lbeirestion *the mut, aM ths umpire pm*
Set glee It
Kr Filmy 11• Dy, as bend/of the Beath Doom Railway
Oimpany, urged dat it would be very.inoosessient for the
yto b• temp 60 my sesta before the award was
boom it miiM tan out to be Um cm that they
MIMI Inns if the 'magi awartist wen less than that white
elm bad messed. Thom was • right to bring en amiss for
the costs gims by tee ligislatme, bat there was no essditna
attending the duty of OMR • espy of Ike award. This
court be (Blr F. Kelly) &I'M** would sot issethes the
coedit* of miss seen into ths sot of pulimest Mich
bad Musses to this &teat. Aseording to dm Mould
of she
act, thou was se duty se be perform•d whisk emit be
whisk ought,
enforced by &mists** Wren* M Ms-
chariot.
Lord Campbell said that be UM prampestor
of this mamiames ma Willa to Wj101.01116 01 6110
000Tt. The alas*a Res of .le les
suldaient, met* w 800 k males el r tom_ he
cap. 16. Mr. Wm, the mom*, d *a
showed that he Mt s dolll Ms Mint Me, of oldfd•
The company MI sieve psianan d It from the=
they wall bona Is es awl the
only c monist OM if wham required* is
by the 35th rslltf of Ike me. TM quad* was, had Ys
comy Mall SNOW The
and lb her OM
ale su
mpire woold-sol give sp ths award to tit
'Mist kla dm Miro lost mid. They, thershas, lMasW
MI MB MON Rs nnt doing their duty, that tke death was Is
ths mph, ; est it was not desist that all ths lad ought to
be pig by tato company, or that 'they were reassaabl• Isar. 1
TM ompany were now eidemouring to take advantage of
their ma wrong. It wee not samary in Madding this
apie to lay dews anrule, mew* that in • mos hks
proms where soak an muse was made by • company is
mars to a isandamos, they were bowl to obey tho man-
damus.
The rest of tilail lordships mooed • Sailor opiate*
el stigma* for ties mown.

BAIL COURT.—Y66ImitDAY.
Ex Pill"! WEAIt.-COPTILIONT or DIMON. ACT.
Mr. Aspland moved for a writ of certiorari to brims tip a
conviction under the Copyright of Designs Act, ebb& to*
on« before Alderman Chat*, oa the applintioa n 1 sm
Mott, who alleged himself to be the proprietor ot anti
improvements in making of pectinate**. mol sat Wilt
had infringed those improvements. These lospetemnes
were the construction of the outer case of the peelneelowe
of one entire piece of leather, instead of newel pine, sod
the fastening with rivets Wind of sawing, timothy inalnel
taboo, and expense in the making. These imparamianlin
had been registered under the 8 and 7 Vie., & at, lokre
exceeds the provisions of the previous set, 6 oni Vhl.ol.
100, which applied only to the ornamenting al Whim of
manufacture, to the shape and configuration of WM*
It was contended before the fascism that this Westin
was not within the meaning of the wt. They, howenr,
overruled that objection and convicted the defendant.
It was now contended that the justices acted whim**,
jariadiction. The matter not being within the ant, so mom
is given, and the certiorari is not taken away. Thong 11111111
also other objections on the face of the inaohffina WI I:
first, that conviction only stated that notice was nab*
without stating whether that notice was written or vwMle
or by whom given; it was, therefore, consistent that M
might have been a verbal notice given by the preplan,
which would an be la accordance with the set. Sesimmilk.
that the notice itself was insufficient, even if given by
right person. Thirdly, that it did not appear in the conviction
that the Weals of the right. ation had been kept alive,
which can only be done by the proprietor marking all the
articles sold by him as " registered," and as that was a quer
tion precedent to claiming the benefit of the registration, it
should appear on the hoe of the conviction.
Rule absolute craned for the toeing of the certiorari,
the validity of the conviction to be argued when It is
Drought op.
Bottom v. J•wcifes -(Sinn as Burrittch.)
A role bad been obtained calling upon the 081E61 he
show cause why two orders of Mr. Baron Platt's shod( wee
be rescinded, and why the dileatisat should sot he die-
charged out of custody. The defendant had been anon*
by the authority of a judge's order, obtained upon an ea.
davit of the plaintiff, a solicitor, residing in Clifford's-len
plunge, who thereby stated that he had a good cane of
action against the defendant for criminal coannatimi with
his wile, who had been stolen away from bin he e. thee
two years past, and that be had travelled nary thsweend
miles round the kingdom, sad had expended be. 1111 K
6001. in search of her. That he had only neat* Mc I
covered that she had been for more than two yam, wad still
was living seder the protection of the dormant • that the
defeadaat had told bias that If he " pelted him with soy of
hie law, or eanimeand any sedan against him " ha weak'
immediately lean the kingdom and take his (04 plaint's)
wile with him, that be had lived many years abroad, sad
would p lei live there again. That the plaintiff's chil-
dren bad seen* than informed him that the *hadn't had
told them, that if he (the plaintiff) took any promoting@
against him, be would go away end leave the kingdom ; that
animas restrained, the defendant would leave the king.
don ;an that he (plaintiff) Ind unstained great
damage and injury, not only la the loss and ft*
fort of bit wife, but also In the great expos*'
widely M Wilma put to in searching for her. Bat thin
@Mani did sot state that the plaintiff►had sustained damage
to e.g pailisaler amount. Upon this affidavit the order of
Bann lint had been nada for the arrest of the defendant.
Aa appllcadoa bad sherwerds been made to that learned judge
at chambers. steam affidavit of the defendant, donna any
Intention of go abroad, to rescind that order, and whin
Its bad refused to do, la consequence of which applioation
bed been made to this court, and the rule nisi granted, apes
as afildavit of the defendant, setting out all the chain
Mom of the case, to the effect that the defendant had
easseally net the woman In question in March, 1849, mf
Loagbam-plase ; that she then stated that she was a wldsu
and tolled herself Mrs. Bentinck, and gave her &Ahem
Great Portlandctreet, when tke defendant had visited
as be had done In several residences which she lied Man
occupied, in Sinai-stint, Enhell'aluare-ATholf=
Regent's park-and her present residence, No. elf.
street, Diesetequare ; that he bad aeon call* limas.,
&attack, or ordered goods in that nun ; that the soma'
reddens's were taken by Mrs. Benda& herself, and'
not by him, and that he never had been and was not
then lino; with her, and that she had been and sou not
thenliviag under his protection; that he had reaidad for five
years op to February last at 5, Nottingham terrace, New-road,
and ever eines that time had resided, and still we. naidag
at 39, Devosaltin-street, Portland-place, and had ems
daring that time had any other random:v. Ho thew denial
the statement by plaintiff of his Intention of gong abned.
or that be had ever stated that he had any sack tatted's,
and that be had never taken any steps to provost Mis.
Beatisek was se her husband ; that be hadffbeini ialsemol
mod seal- tliat the plaintiff had deserted his wile now
come hed
as a =yll;:noutinedd andasiede eapagadsdoa/snsd%
alollllll/ the defendant, and that the pc** pin
=l,, WM be ball we *lllll
re for the same purpose; Bat
W r MG= of living except a life interest whisk
he held WPM sedition of maintaifing and educating Ida
Vir. sal *in he should lose if he want abroad. The
f mond+ was then verified, dated the 6th July,
1160, by wheat the plaintiff, for the consideratima of M.,
agreed to live separate from his wife and allow bar to live
where she pleased. It appeared that this dead bad been
wociated with thelplatotiff's wife's brother. In *own to
ri t str afai
many tf
variousge stt a rs rOsf wene d Pat is, e
ra
ass 1
swearing that he had been living at various plow
with Mn. Beath*, and that the son of the plaintiff bed
end that the defendant had threatened to go don*
and denying that plaintiff had deserted Ids' wife, or that the
onion was to extort money ; and a letter was pro hm*
wrings by the defendant to Mn. Beatiack on the dew ef
the arrest, to the effect that " she need not expect him Irmo
to dieter, for that he was locked up at the snit of baffash,"
and asking her to send him his razors and • clean shirt; that
be should not be able to get oat without ball for lAOO4 ;
that bis advice had not bees taken; that the *Bohm had
been the Matte( all the mlmitill; and that her (Kra Boa-
tinek's) eldest am was a villain.
Mr. Berjelat Wilkias sad Mr. Lash SIW thawed came
avian the role, sad esstiniled, list, that the wan had se
eme the stattale, illag by Ilk 3 Vie., c 110,
11**11111* bad Om apish of Ow bike the Judge at
iambus a eamlow to the mutt ; Maths had ease to Ana-
hemmed met abide by the denims thea given ; or that, if
, thie mom ewes& hen the denies efthe Jades at aunties%
• whisk seal he eametained, it neat rest apes the ailblanw
before him.
Mr. Swill sad Mr. Garth, Naha, malatained Shot On
pasties was to try Mt the judge at chambers, and Om Ma
=sad eked Archbald's Preens.," 701 ; " Gala= h
" (11 M. and W. 173); "Peeler o. Heim" (I
lbsbegau Rep., MD ; " Times is. EMS" (13 Law in*,
Ix., 1).
Yr. Janice Panama-I thick the lad nor Is *delve that
whole matter maybe gnu into.
lb. Bsdeant WiThin omi Kr. lAA then .find that the
tested davit was saiskst, awl ant the Mee mode
by the other side, tkat the soma off annoinsid was
an stated therein, was aatraehis, benne la a ere
where an actin was broa BR a mod* was very
diedmake seek sa Wstsvit; NM la a gess el malign-
lonste It ma wide". N. anent being a gun
Yes he the jury. They this moil Shat the bets event to
dowel a good ems ef isi that On amid of the
&leaden of his lateedisa el asks eked add set be be-
lieved, for it tooted apes Ws tab taillaseay, end he was sew
Intend la as many limmeleal punkahs, that he was as-
weethEaf
Mr. BeRM sal Yr. Geelh esahniel *A the edging ea
davit was isalldeat. This mile *a lsw a N 1.%
van wee relief to wan a dining la an elm**
dated lemma Aal the aid Meet k lßia Sad BIAV
coalaised as weemot ef denesejew=ll6imielit
waned oho to " Keitilos v. " LM. nal
426.); "Bahamas v. May" (I Dent. P. NO;
Bedews v. Down" (6 Doi. 0.„ N 4); amnesia
lapin the hat that than wee AMIN' ensleaMellen el
enenna that the eldest to Mon mewol- And WM
thaws MIAs. le *MOW *adhesion{ ins MI ialblei