The Express.
London, England, 1863-01-20 00:00:00

THE EXPRESS,

tab) Intelligence.
EQUITY COURTS—JAN. 19.
(Bolan the Muter al the Eons.)
Juan •. Wilms.

This suit related to a transeetion respecting the purchase,
by the plaintiff front the defendant, of certain coal mine)
situate at Rosenthal, in Bohemia. The bill sought to have
the pinball* deed delivered up to be cancelled. on the
ground that, after the purchase wee completed by the plain-
tiff, a charge or lien upon the mines was est up by the
defendant, of which the plaintiff alleged he was waiver,
when be made the purcheas. The defendant relied upon
the knowledge which he said the plaintiff possessed of the
nature of the property he was purchasing, and that a suffi-
cient erplanation had boss afforded him (the plaintiff)
or. his egaote of the charge eulnequently est up by the
defendant. It appeared that the document. relating to the
purchase were in the German language, and that the one of
them on which the defendant chiegy relied bad not been
duly registered as required by the law of Bohemia.
The question also depended upon the evidence as to what
took place between the partite at the time of the purchase.
The came was argued some days since.
Mr. Selwyn end Mr. Hetherington were for the plaintiffs;
and Mr. Lloyd and Mr. Bird for the defendant..
. .

His Ronan, now gave
,judgment, stud, after elaborately
commenting upon the evidence, mid be thought the de-
fendant bad not disclosed to t►e plaintiff the nature of his
claim. 111 he ought to ham done; sad that upon the whole
awe he was of opinion that the plaintiff's conduct in the
matter was correct, and that he was therefore entitled to
the relief sought by his bill.

Sir 8.. T. ILlDdsriley.)

SOCIITY.

eorddlia bed on one of two growado--eitior the eoevictics
few sawed *Moms we see ow*** we that the mili-
tates have Wormed • pushy biped the powers of
the act?

lirTiitstice Crompton—l think the conviction is right.
The clams in the act Meta. for every oath. la the form of
enivietioe it is me or more oaths; the words "a mare*
being in italics.
Mr. Boll—The fora of 1101114116111 01111/10i enlarge the
emoting part of the act.
Mr. Justice Cron pton—l think so because it gives a
meaning to the act. The °moieties In this case Jain mond-
lines with the form give) in the set.
Mr. Justice Biliokburn—l doubt if the 38s. to be mired
will pay the expenses of rectifying it. It is stem for Twat-
lag the conviction rather than for swing a cam.
Mr. Justice Crompton—l doe% think it would have bees
to the appellant's advantage to have paid the expenses of
twenty informations and ocavietioca. The act might have
given this mode of oonvictios epee an information.
Ifa Boll—The act states for protaniemlLetuurzsrmot and swear-
Mg, not profanely swearing me or more am oaths ;
sod the appellant is ocioated of y swearing one
oath tweety times repeated.
Mr. Justice Crompton—You my that, having paid two
shillings for seeming one oath, it gives • license to go on
swearing for the remainder of the day. (Laughter.) If
the conviction is brought tip on oertiorari we shall probably
amend the conviction from an offence to offences.
_ _

Mr. Justice Blubbers—ls this act in force sow ? INi
by the 13th section the sot Is to be publicly read le every
church four times a yeer—aaming the particular days
immediately after storming sad evening service. I bare
bees to church on some of the days named, but I barer
recollect to have beard the act reed. (Laughter.)
Mr. Jostios Crarapton—There are many such provisions,
but they are not carried out. I recollect a case under the
Bribery Act- It was required to be read at tbe Easter
quarter sessions, and an application was made that it should
be done. The clerk of the pates was astonished and sur-
prised at the applicators. (Laughter.) He bad never
known it done, and the act could sot be found. (Laughter.)
However, the act was afterwards found and rant Perhaps
now this case has been mentioned we shall have the plea-
sure of bearing it read is church in future. (Laughter.)
Mr. Roll— I understand there is a spacial act, which Pro-
' tides that these *Me shall not be reed is church..

It wee then arranged that the learned counsel bad better
consider whether he would take a certiorari.

LTON AND WM O. KNOWLIB.

In this clue a rule had been obtained calling upon the
plaintiffs to show canoe why the verdict which had been
found in their favour with 261. damages should not be set
aside and a noosed entered, pursuant to leave reserved.
The cues was tried before Mr. Justice Blackburn, at West-
minster. The defendant is the messier of the Manchester
Theatre, and the action was brought to recover damages for
representing, without the plaintiffs license, two pieces
written for the Strand Theatre, being burlesque of Fr*
Disoolo and the Bride of A4dos. There was so doubt
that the pieces in question had been aniseed to Miss !Wan-
borough, who had since married Major Lyon, but it was ob-
jected that the assignment bad not been registered fie
required by the 5 sad 6 Victoria, esp. 45, sec. 22, and ono-
sequently the plaintiffs had me right to sue. There nu also
a mooed question, whether there bad been any
' Wien by the defendant, who was the owner of th=
but who bad let it to Mr. Dillon, who was travelling with a
company in the provinces. It assessed on the trial that
the defendant let the theatre UM,. Dino*. The fanner
west* provide the lights, band, sdvertiessseuts, and the usual
servants, including the menertsbers. Mr. Dillon was to
provide the performers, select his own piece', and have
entire control over them. The fqoes prodta to be divided
between the defendant and Mr. MM.

-s.sllsierredfor the plaintiffs, sad
showed eines newest the nth. Be contained that
the aesigronsot of a Warmth" lien did not require
to be mitered on the registry, se fa the ewe of copy.
right in books. With regard to tie sewed poen, that
of
defendant f representing or emus te be scented thaw *an
was alearly Win defendant wee the
Women proprietor of the thailea..awl as suck wee liable
for all bresebee comeitted. Buddlos, be took half the grow
noon&
Mr. ilwicaust Apia per the role, sensed* that
Mr. Min was akin Ile bad stipulated by his
agreement with the defendsat for the aelecWe and control
over the pines to be reformed. Mr. Dillon bad offered to
pay for the revinessteeleen hat the plaintiffs had refund to I
take the wow, tecease tiny had other anima oa bins. It
is.. sow sought to wake the defendant liable for DWoa's
dein

Before the learned emieentbod eeneinded,
Tbe Lord Mel J mass mid th. wet aced Dot law hies
farther. The rale must be made absolute on the .wood
Att. There wea no joint meamgament between the parties.
Mr. Dillos hod the sole mairisl over the plows to be per-
formed, sad lie and hie mespeny only bed myseeented or
owned to be represeoted Ulllall pines.
This other lammed judges emessired.
Rule absolute to enter the venres far the delsodant, that
be had not repreeented or isaired to be repremated the
pima (motion.