The Express.
London, England, 1862-11-24 00:00:00

WEATHER REPORT.

moirsay, Rol

~. tip...l
i

_ . .
Lusa 120.0219 -
Amami 1•10; -
Urea 19.86 •
GRIMM 7
AiDSOOSAN 19.80 P,
POSTIAOII I
GALWAY 40.85831
YALWATIA
oziatrrowit 29 8'2.30'
01vRIAD 29.44=
IrIIPOUL 20.88;31
P 1119012 29. 81W9
YZNIAIIO9 22.71.
PLY 110071..- 29.70
121211 '22.65
Wi7744.7770 20.74
Posmoues 29.73
Wyss 2177 -
LOWDON WILTS 24412
AKil YuCITI 29.80.
80AABOWANAIL 19.85 37, 2
9111111.14 . 29.82.80, -
ItsupoLUlD - 29.733110

LW.

LIT.N.
LN.L
LN.N.
U.W.
N.L
N.L
LN.L
L
N.L.

N.VIL
N.W.

TOEND AT. rA.....
WEDNICIDAT.
W.N.W. to 8.8. W., SCOTLAND. N.W. to 11. W., fresh,
moderate, some mow. snowy.
N.N.W. to W.S.W., lagListo. W.N.W. to &SM.,
moderate to strong, fresh to strong.
some snow or rain.
N.N.K. to W.N.W., W. MIMI. N. to W. and S.W.,
moderate to fresh•
fresh to strong, snow.
N.N.W. to W.S.W., 11.W.EgoLagn. N.W. to S.W., fresh to
(irk some snow or strong, rainy.

to W. and S.W., &X. &INLAID. Ash above, or with
moderate. with snow. =Ow.
i.N.W. to W.S.W., ACoaae. N.N.W. to 8.P.W.,
fresh, with snow. fresh to strong, with
some snow.

GARIBALDI. The following telegram, dated
Nov. Zi, was received by Professor Partridge last night
from Dr. Ripari ;—" Rifle ball eerily extracted with forceps
this morning."
The only locality in Naples where any dis-
turbances now occur is the Theatre of San Carlo. On Sun-
day week the new company attempted to make themselves
heard again ; but all in vain, for their voices and the
orchestra were drowned by howling; and every species of
insult and disapprobation. This continued till near the end
of the second act, when such was the uproar that the cur-
tain dropped and did not rise again for the opera. A com-
missary of police then walked up the pit, and followed by a
carbineer placed himself near the stage ; but so far from
calming, this increased the fury of the people•
. All roes to
man, shouted, howled, whistled with their keys and darn,
=tit the caws were compelled to retire. Another nom-
miseary, a good-natured looking person, then walked slowly
up with his bands in his pockets, and shrugged his shoul-
ders, intimating by this pantomime, " Well, go on ; it
can't be helped." This had the effect of restoring good
humour. "It is not surprising," says a correspondent,
" that popular indignation has risen so high. The govern-
ment grants a subvention of 90,000 ducats elem, and yet
with all this the Sapraintendenza provides voices that
would lie hissed in a third-rate theatre."
The medals awarded to the Australian colonies
at the International Exhibition were as follows :—To Vic-
lls ; New South Walea,New Zealand, 33 ;
Queensland, ; Tasman* 26 ; South Australia, 24 ; arid
Western Australis, 14.
M. Alfred Sirven, a man of literary distinction,
the author of some anti-papal works in France, together
with the recent pamphlet entitled " Revenom i l'Evangile,"
has just been condemned to two months' imprisonment and
a fine of sC3fr. The publisher has a fine inflicted upon him
of 300 fr., for having been declared to be guilty of an
attack upon the ministers of the catholic faith, and of an
excitement to discord between citizens of diverse religions.
M. Ronan, whose course of lectures as Professor
of Watery at the College of France was some time since
suspsoded in consequence of his proclaiming his assent to
doctrines not sanctioned by the imperial government, and
whose pupils made demonstrations which acquired consider.
able notoriety last session, has received notice from the
principal of the college that his annual lectures, which com-
mence under ordinary circumstances the first week of De

camber, are not to be delivered by him.
The typographers of Paris, who were condemned
to different punishmeote is consequence of a strike, hays
made their advocate, M. &fryer, • present, unique in its
execution, and remarkable for the ingenuity of the thought.
They have printed on vellum the orations of Bouvet, sad
have produced • book in • style of magn&losave unequalled
for typographical excellenoe, la order that no other copy
should exist, the forms were immediately broken up.
The English galliot William Alice, which has
arrived at Rosen with a cargo of imatirea, lost her splits
at ma. The vessel was off Fikamp, whoa the captain was
struck by the yard of the visional, sad thrown overboard.
It was in vain that every, effort was made to Gave him by
throwing ropes. The Med had gam ahead, sod the &A-
WNS of the night readers& it quite impomible to sada
Two agoalsiag shrieks IMO hand, sad all was dent. The
onfortnasne eapeethi was oily ffi yams st sexi. Ms wife
on board, sad her inifferier &besot easily be described.

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before Vice Chancellor Sir W. Page Wood.)

THE ATTORNEY-GENEEAL V. THE CONBEBVAIORY OP THE
RIVER THANE:N.—THE CITY OP LONDON BREWERY n. TNR
NAME. —THE CLOTRWORICER:ti COMPANY O. THE NAME.
THourrom V. THE BANE.—THE NEW LANDING isTA(.I3
AT LONDON-BRIDOL _ -

These were several proceedings (the first by deformation
as well as by ordinary bill, and the rest by hill only) pro-
moted by the several informants and plaintiffs for the par.
pose of staying the erectico of the new floating piers
or landing stages now erecting off Allhallows.laus,
and Swan-lane, in the River Thames. Thee
piers consist of two large floating stages, measuriug 3lift)
feet each, supported on pontoons, and approached by foot-
bridges from the shore, from the points occupied heretofore
entirely and still to some extent by Allhallows and iild
Swan•atairs. They are being erected by the defendants, the
conservators of the Thames, under the powers of the act Of
parliament by which they were constituted, and the real
question in all the cases wax whether that act justified the
defendants in their proceedings under the circumstances
now about to be stated. The informants in the first snit
were the Fishmongers' Company. who sued as owners of
the landing pier and wharf immediately adjoining London-
bridge-stairs, and they based their suit upon the ....meal
that the operations of the defendants were, first, a nuisance
interfering with the public navigation of the Themes ;
and secondly, an infringement of their private
rights as owners of the wharf and laoding.pier
above mentioned. The other suits were instituted by the
various defendants as owners of other wharfs and landing-
places, complaining merely of the injury done to them by
the new landing stages. To all the mite the reply of the
conservators was, first, that the private damage was so
small as to be immaterial ; secondly, if it were
not so, their act for the purpose of general coo.
venieoce overrode private interest ; and, thirdly, that that
act, which gave them the powers of erecting piers for the
public convenience, legalised the nuisance which those piers
would otherwise create.
Mr. Holt, Mr. Bovill (of the common law bar), Mr. Free.
Mop and Mr. Boyle were for the plaintiffs ; Sir Hugh
(..irns, Mr. Gifford, and Mr. Cotton were for the defen-
dants.
The Vice-Chancellor, before giving judgment, stated that
he had received several letters on the subject of this suit,
to which, of course, he could ray no attention
whatever. One of these letters called for some
little remark. It was anonymous, though if the writer
meant well, as his honour was bound to suppose he did. he
would take leave to tell him, if in court, that it would be
mare honourable in him to have appended his name. This
individual stated be wrote, in performance of what be sag
to consider • public duty, to ware his
hoooar against giving any judgment whatever in
the cense, because he (the VicoChancellor) was a
member of the Fishmongers Company. It might
be a satisfaction to that individual to know the'. his honour,
though as a member of that company he took no part in
its concerns, had thought it right to mention the fact of
his being a corporator to the defendants before the muse
was heard, and that they had requested him, notwithstand-
ing, to hear the matter. The writer also stated that he
wrote to his honour out of consideration, and
rather than write to the newspapers ; his honour
considered that be had mistaken his course, and
that he had better have addressed his co notelet to the
quarter to which he alluded. Bin honour then proceeded
to give judgment, stating that the case was one of some
public interest and importance. The first case to which he
would advert was that of the Fishmongers' Company, who
based their case in the first instance upon the grimed of the
general public injury. It must be admitted at the ontstart
that prima facie the placing of these piers was a nuisance.
They must obstruct the stream more or lea, and the ques-
tion therefore was, as to this part of the case, whether the
legislature had legalised this nuisance. This turned on the
statute on which the conservators acted, and practically
upon the 59th clause of it, which authorised than. "at
they deem necessary for the convenience of the public,
to erect at any convenient places piers or land-
ing places, of such form and construction as they
shall deem most advantageous to the public sad
causing the least obstruction to the navigation of the river
Thames" Now in construing this clause the court could
not shut its eyes to the feet that inconvenience must be
caused in some degree to some one, and the legislature fore-
seeing this had in another part of the same act directed that
all plans by the conservators should be approved of by the
Board of Admiralty. Taking the whole of the
act into consideration, it appeared therefore that
the legislature gave the right of determining upon the
convenience or inconvenience to the conservators under the
superintendence of the Board of Admiralty, and it did riot
appear to his honour that this court could interfere upon
that ground. If the conservatoes were to erect a pier in
such • place that it could be of, no use to anybody a nee
far interference might arise, hut such a ease had oer.
tsinly not arisen here. The information, therefore, failed
on that point. It was, however, endeavoured to sustain it
upon a further ground—namely, that the conservator' had
not, as required by their act, provided other convenient
stein in the place of Allhallows and Old Swan
stairs obstructed by them. His honour had no
doubt but that such an obstruction bad taken
place, though the defendants attempted to make out
that it bad not. But upon this point the information
failed, because the construction of other convenient stain
was rot a condition precedent, and it was still open to the
conservators to construct proper stairs. If they did not fulfil
their duty in this respect, the Court of Queen's Bench
upon mandamus would afford a remedy, sod this coed
could not stop the erection of the landing stages upon a
bare apprehension that by and by the conservators would
not fulfil their duty. There remained only the question of
private injury, which was the common subject of all the
suits. Upon this, it was urged on the one side that
the defendants had no right to interfere in any way with
private rights, and, on the other hand, that they might,
wader their art, obstruct them to the utmost exteet.
Neither of these conclusions appeared to his honour to be
the tree one. If the conservators interfered with any
purely private right so as totally to destroy it they might
be arreeted, but if they interfered only with privets
rights in the same way that they interfered with
public rights then his honour thooght they could
not be reetrainable. Thus, if they shut to
the Fab.
mongers' right of MONS to the highway of the river
is Into, then a are for interference by the
court would arise; if otherwise, then the Fish-
monger., though damnified by hindrance of access, were
only interfered with as the rest of the public sod
no injunction could go. What were the feria
here! That the access to the Fulimongers'-wt was
rendered more difficult no one could doubt, but
that it had been rendered impossible nobody could
assert. The Fishmongers suffered, doubtless, but they
suffered only as the test of the public suffered ; they bad a
private nuisance as the public at large had a public one.
But ea the court could not stay the public, so it
could not stop the mere private nuisance ; sad
the case failed in the private equally as on the public
grounds. The lame reasoning as applied to the Fah'
mongers' Company in the first suit applied to all the other
plaintiffs is the other suite, and the result was that the ne
formations and all the bills must be dismiased. But ie
there was something of hardship and mach of nicety of con-
be
struction involved in this decision, the dismissal
would
without caste.

COURT OF QUEEN'S BENCH.
Satiny Baneo.—(Before the Lord Chief Justin Cocks
burn, and Justices Wightraan, Blackburs, sad Mall0L)
CT. GILES, CAMBIRWI.LL, o. EAT.
Mr. Lush, Q.C., moved for • rule calling upon two of the
joaticee of ;Surrey to issue their distress warrant sgaiost
May, for arrears of church rates. The parish of ha Grits
claims to make and enforce the rates, including church
rate*, under the local act& the 53 Geo. 111., chap.
the 3rd Win. IV., chap. 33, by which the parish was "?'
powered to cress the SWIMS of houses under a certain
value to the church rate, and there was no clause in the
acts taking away the jurisdiction of the magistrates on the
validity of the rate being disputed. The defendant had
been properly assumed, and before the =OMR.
be did not set up any ground of objection es to
chargeability or rateability, but that the rate bed Shot
been duly made by the vestry. Oa the justices
intimating that they should issue their distress sssn'ai
for the amount, the deleodant asked them to state • WI
for the
77 opinion of this court, hutlling they declined. Uponc that'
moved for • rule caon e ustices tO nets
as, but it wee refused; sod on upthet chbujnhwerdens
plying for the distress, it was found that the defeedanti
attorney bad written to the justices, threatening an *ruia if
they did so. The magistrates on that withheld the diatom
warrant, and now came for the opinion of the coat
Rule granted.

no 12 IHINTBRIT.
T. Pearce mond, co behalf of Yr. Humphrey, for•rale
to quash an order of two of the justices of Suffolk for the
payment of church•rates. The objections to the rats veil
that it was made on a higher armament than the finnr•_,_„'"
the °mimics el oertain cottages from the rate, and fart
Mr
the rate was retroepsetive.
Rule gnats&

COURT OF COMMON PLEA&
Sittings In Banes.—(Betas Lead Chief Justice Erie, sod
Jmdoes Williams. *lea, and Seatiag.)
GORE C. RIR GEORGE GUT AND OTIIIMIL—ACTION AGALOI
THE ROES 111CRILTAST.
The plaintiff in this cam having been a primmer for debt
in the Queen's Prism was removed from that establishrout
to Bethlehem Hospital u a lunatic. and he butt"
the present action against the Home Secretary, the gorer°
of the prison, end other official persons to recover diiUdel
for false imprieumeot. At the tile' before the lord t bid
Justice the verdict was for the defendants, but salsomeollY
the plaintiff moved fora rule fora new trial, or for iudr
went eon obsteate veredicto. The court toot time to ear
elder the matter, avid this moralise gave judgment.
Mr. Justice Williams laid that the grounds of the spyli•
cation for a new trial were for novidirecteoe, misdirectioi;
and improper rejection of evidence. The *Kum tt
evidence was that the judge refused to acw
the plaintiff to ask a witness what was his of"
opinion as to what his dnty vies. This *maim fr*
(erred to a matter of law which might be comineuted tiPo°
by the judge, bat could not properly be asked of a meows
The great ooataation was that the verdict was &riot tkr