The Express.
London, England, 1862-11-13 00:00:00

tIOCIZTT.

Mr. Fischer mentioned this matter to his Honour, and
dated that in coosequence of the opinion *speeded by him
that the order which he had recently made for winding-up
the society in this court should be stayed, so that the
society might be wound up by the county court io pursuance
of the provision of the act to consolidate and amend the
laws relating to industrial and provident societies, passed
lut session, application had been made to the judge of
the proper county court accordingly. That judge, however,
declined to interfere in the matter, on the grounds that the
property of the society exceeded 501., and it had not been
registered under the above-mentioned act.
His Honour expressed his opinion still to be, that the
county court of the district in which the society was
situate was the proper tribunal under the act for winding
up the company ; but suggested that the matter should
either be mentioned forthwith to the Lord Chancellor, or
steps taken to register the compaay under the recent statute.
Mr. Fischer elected to adopt the latter course ; the original
order made by his Honour being stall stayed.

(Before Viee-Cbsucellor Sir R. T. Kinder*ley.)
TM ATTOBNITIMIKERAL v. ITEMEDOIL—PABTICULAB
BAPTIST& _

The arguments in thiscase.---;hich were commenced on
Monday, were continued the whole of yesterday and today.
Mr. Loyd concluded his speech for the plaintiff to day, and
Mr. Hardy followed on the same side, and had not con.
eluded when the court rose. . .

-The further Leering iearng---- ere. adjourned until Monday.

COURT OF QUEEN'S BENCH.—Nov. 12.

Bittinp in Baneo.—(Before Lord Chief Justice Cockburn,
and Justices Wighiman, Blackburn, and Mellor.)
BUM (APegLL►IIT) V. LILLY (ILESPONDINT).—THE

cioNrowDza ACT.

This wee a case stated for the opinion of the court by the
stipendiary magistrate of Birmingham, relative to the con.
struction to be put upon the 23 and 24 Viet., cap. 3'.1,
commonly called the Gunpowder Act. The case stated
that on the 214 of January, 1862, the respondent was
brought before the magistrate on a summons hued at the
instance of the appellant by direction of the local autho-
rities, charging him with unlawfully tucking and keeping,
or causing to be made and kept, a certain quantity of fire-
works or explosive preparation or composition, to wit,
100 fog signals, contrary to the provision of the statute.
It was admitted that the fog signals were made and
kept upon the respondent's premises, and that they
were within the specified distances of other buildings. The
question for the magistrate's decision was whether fog sig-
nals could be considered fireworks, or such explosive pre-
paration or composition within the meaning of the not. It
was contended that, if they were not to be considered as
fireworks, they were preparetiora or compositions of an
explosive nature. It was argued for the respondent that
they could not be considered fireworks, which were a well.
known and specific article of commerce of a wholly dif-
ferent description ; and that with regard to preparations or
compositions of an explosive nature, they could only be
considered applied to such chemical compositions and pre-
parations as were of an equally explosive power with ful-
minating mercury, with gun cotton, &c., mentioned in the
act. The magistrate considered that to be the meaning of
the act, and dismissed the summons, and that was the
question for the court to determine.
Mr. Spooner, on the part of the appellant, said that
the signals were used by railways. The signal was made
of a tin box of the size of a watch, in the inside of which
were placed three nipples ; it was charged with powder ;
each nipple was capped, and exploded upon pressure being
applied to it. Their construction was attended with some
degree of danger. Several accidents had happened, and
wince the case was before the magistrates an explosion had
taken place which did material iojnry to the premises.
The fish section states that "The following regulations shall
be observed with regard to the manufacture of loaded per-
elusion caps and the manufacture and keeping of ammuni-
tion, fireworks, fulminating mercury, or any other peepers-
Lion or composition of anricosive nature." rhea section
then Went ou to state the te en es under which the menu-
refacture was to be oonducted. 7th section provides peoalties
; for making thesearticlescontrary to these!. The lithe/awn
gives power to the justices to license plater for =klig per-