The Sun.
London, England, 1851-01-29 00:00:00

DEATH OF CAPrAIN ROUTLEDGE

x d.

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BAIL COURT.—(THIS DAY)
(Sittings in Banco before Mr. Justice ERLE')
V. FREWIN.
bee° In this case a ruQUEEN
le nisi for a quo warranto hadt
obtained by Sir Frederick Thesiger, calling upon re
Frewin to show by what right be held the office of cool.
ner for one of the divisions of Gloucestershire. It 0130%.
leged that Mr. Frewin had obtained his election hYonort
got votes, but Mr. Frewin has denied this, and the be
being of opinion that the facts in dispute can egi/te
sett'. d by a jury, Mr. Frewin consents to issue of
writ.—Rule absolute accordingly.
QUEEN V. COMMISSIONERS OF INLAND REVENTIt, 0
Mr. WATSON moved for a rule to show cause vv7,o.
mandamus should not is,ue directed to the Comin,iss7l
era of Inland Revenue, commanding them to re"°/01'
sum of money which they had received under the
lowing circumstances:—ln September, is-iv, the
lady named Clayton died, leaving assets t° r"
amount of 65,5411. in the province of Cante'..h "tibef
and 1,8641. in the province of York. Previous to ,v;
death she had executed a bond for 85,000/ ,
to pay a gentleman, then named Walters, but now Cl po
ton, the t•urn of 40,0001 at her death. There was, it/
doubt at all that it was a voluntary bond, and tba'ocl
object was to relieve the amount from the probate ;0
legacy duties. Now by the 6th and 7th Viet., e. It
provided that all debts due and payable at the 'cleat' cd
party were not liable to the probate or legacy duty' for
there was no question that had this bond been givellfroo
a consideration, the 40,0001. would have been free -- der
all duty, but whether the 40,000/. was equally free t 0301.,
a voluntary bond was not quite so clear. It was °3: y.
fest, however, that in point of law the 40,0001. 100 rilthe
able as a debt, and should therefore be exempt from
duty.
Mr. Justice EaLE thought the point was well WO itll
discussing, and granted the rule.--Rule nisi according J.

LORD MAYOR'S COURT.
(THIS DAY.
(Before the RECORDER.) 00
ATTACHMENT OF THE PROPERTY OF THE (20.•—„14.
~f.
SPAIN IN THE HANDS OF THE CONSUL To SECURE
MENT OF INTEREST ON SPANISH ISONDS.—WADSVO`'
V. THE QUEEN (4. SPAIN.
This was a case on an attachment under the Privile.gbee4
of the city of London, which permits a creditor in bier
city to attach any property he may find therein, whether
in the possession of the alleged debtor or his or
agent.
the
The action in the present case was brought byr
beet,
purchaser of some Spanish bonds, alleged to bane
granted in December, 1834, by the then Queen-11,geFin,
in the name of her august daughter the Queen of 4:•0
An affidavit on which the attachment issued was put
and read.
ril
Mr. RYLAND appeared to support the 9"8
which had been made to Cie extent of 10,0cOhae:0
t
moneys alleged to belong to the defendant, her Me•j°);
the Quecn of Spain, end in the possession or under tbt
control of the garnishee, the Spanish Consul.
Mr. RANDALL appeared on behalf of the illustrioeg
defendant to contend that the Court had no
uris
on the, first point, that her Majesty (thej Queel3 of
Spain) was not properly described.
His rioNouß—lt appears to mo that there is no
mis-
nomer.
Mr. RANDALL next argued that the bonds had been
dictioof

HORSEMONGER-LANE GAOL.
ici;
This morning, shortly after eight o'clock, Frecler
William Routledge, alias Captain Routledge, the Frince..
of Swindlers, lately carrying on business in Francl.,
street, High-street, Newington, expiied in the cottrw
gaol, Horsemonger-lane, after a severe and Pala
illness. The deceased bad been in the infirmary for
Will tor%
some time past, under:the immediate care of Mr.
Harris, the prison surgeon, who was unremitting ill )31,j,
attention to the deceased, who died worth considerable
property.
This morning Mr. John Keene, the governor of t. 11:
prison, in accordance with the Act of Parliament (Ivii/°,
refers to persons dying in gaol) forwarded a commtinieli
tion to William Carter, Esq., the coroner for the district'
It is understood that the inquest will be held to'''°r
row (Thursday.)

QUEEN'S BENCH.—(THIS DAY.)
111'
(Sittings in Banco, before Lord CAMPBELL, and
tices PATTESON, COLERIDGE, and WIGHTMANq
THE BANK OF AUSTRALASIA V. NIAS.--JunGMEl'rro;'
Lord CAMPBELL gave judgment in this case this 1%130
ing. Ile said the first question which the Court of
called upon to decide was raised upon the first Connde,
the declaration, and would depend on whether th,e.smo
fondant was bound by an Act of the Legislature
South Wales. If he were not so bound, the judg"..-or
obtained against him by the Bank of Australasia lot
posed no liability upon him. The Act was Pashaei r,
the bank in which the defendant was a share".-ecietie
The Colonial Legislature clearly bad authority t° —;;;c1
late the mode of procedure in the colonial courts, d io
there was nothing repugnant to the law of Englailt the
enacting that actions intended to be brought agalos" A
bank, should be brought against the chairnianbao
judgment recovered in such an action woulde the
the same effect beyond the territory °',.l or
colony as it would have had if the defendant ha' the
peared in person. On the judgment obtained out of
not
colony no specific remedy could be obtained if it were nof
made the subject of an action. This would disposa„,,
the point of the defendant not having been person a:9l
served with process in the original action. But a ilier
difficult and important question remained as to the Yob,
mises on which the action was brought having haerjool
rained by the fraud of the plaintiffs. There were ra the
dicta of learned judges, and many authorities in. of
books to show that the judgment ot a colonial coos' f
the British empire came within the category faie
foreign judgment, but that was only prime "is
evidence of a debt, and was examinable the
the courts of this country. It lay upon • efi
defendant to show that the judgment had been obtsiaere,
fraudulently. The authorities bearing on the noe
commented on in Professor Storey's "Conflict ofeog
and in Smith's " Notes on Leading Cases." Jati;e d
considered all those authorities, the Court bad arh4,he
at the conclusion that the plea of fraud was bad
~so
Court was bound to take judicial notice that there "CO,
an appeal from the judgment of the tribunal in tbAloisi
J lony to the Queen, who would refer it to the u"t," ore
Committee of Privy Council, and whether or not t'lo..
had been an appeal in this case, it was contrary t°
ciple to permit the same question to be submitted:dr
jury. Upon demurrer to this plea, therefore, the got
went of the Court would be for the plaintiffs. The:s"-tbe
of Common Pk as had decided the other points ',a j-
case in the matter of the Bank of Australasia and `..tirn'
ing, and with their judgment this Court wholly
e°-
curred.
Judgment for the plaintiffs.

EXCH EQ UE.K.—( 11 HIS DAY')
roa
(Sittings at Nisi Prius at Westminster, before Mr. ,2
PLATT and a Commonl,WO
FARRELL, PAUPER, V. EASTERN COUNTIES „
COMPANY.
This action was brought to recover corapensa-tl° .13

damages for injuries sustained by the plaintiff thrOeg'
the alleged negligence of the defendants. r, or
Mr. Skinner appeared for the plaintiff; and Mr.
der and Mr. Thomas Saunders tor the defendants. ;5
It appeared that the plaintiff, Julia Farrell, who '
of
woman in poor circumstances, about 50 Yee7ruitte
age, and who gets her living by selling ",;s• a
was a second-class passenger on the Eastern une'llbe
Railway on the 22d of June, 1850, and arrived at
troultho
in
Shoreditch station by the half-past ten o'clock
the evening. According to the evidence adduced °lloteS
part of the plaintiff, the train stopped, and a few nulicor
afterwards, when the passengers were leaving thA.tbef
riages, the engine returned and backed the train le",od•
into the station. In consequence of the " e •
lale •
den jerk thus
given to the carriages, the • the
tiff, who was in the act of stepping out on to hoelo
station, was knocked down, and fell between the vlosi-
and the platform. She remained in that perileus
eing
tion for nearly a quarter of an hour, the parties bigie
unable to extricate her, and after being release ,s•
was conveyed to the London Hospital, where it was the
certained that she had received severe contusions eh";h.
back and loins, as well as a fracture of the t7id
She remained in the hospital from thlagh
of June until the 31st of August, and "Tale
recovered, it was found that she would be a cripple
for life and would be unable to pursue her ordinal--
it:lg, the injured limb having shrunk considerablY• iaept
For the defence it was contended that the e,;c,i;
had arisen entirely through the plaintiff's own neg"a"lithe
she having endeavoured to leave the carriage hef°r,inell
train was finally stopped at the station, and the
opened by the porters..3,atta
Several witnesses were called by the defenw
counsel, and they gave this version of the accident.
Mr. StßelaNrnNeEdß
JUDGEhaving
summed The replied.
up, and
The jury returned a verdict for the defendants.