The Express.
London, England, 1862-12-30 00:00:00

A SCOTCH DECISION UNDER THE NEW CAME

ACT.
On Friday an important decision under the act
25 and 26 Vic., cap. 113, intituled "An Act for the Pre-
vention of Poaching (7th August, I 862)," was given in the
Justice of Pesos Court. Dumbarton, by the presiding pis-
floss, Messrs. Allen M•Lean, spirit merchant, and Jame*
Gordon, ironfounder. The facts of the case are :—On the
afternoon of Sunday, the 14th instant, Jolla Irving, •
labourer. residing in Bonhill, was seen along with others oo
the lands of Goosehoim in this neighbourhood, the shoot-
iepon which are leased by Mr. Whyte, of (hence, in • posi-
tion indicating that they were in pursuit of game or rabbet.
On being discovered by Mr. Whyte's keeper the men made
eft, but the &deader was met in the suburbs of the town by
Daniel M'Donald, sergeant in the Dumbartoeshire consta-
bulary, whose attention had been called to the case by the
keeper. The defender was there and then searched, by
virtue of the second clause of the above recited act, which
says :—" It shall be lawful for every constable or peace
officer, in any highway, street, or public place, to search
any person whom he may have good cause to suspect of
corning from any land where he shall have been nem..
fully in search or pursuit of game, or any person aiding
or abetting such person, and having in his poisessiou
any game unlawfully obtained, or any gun, part of gun,
or nets, or engines used for the killing or taking game ;
and also to stop and search any cart or other convey-
ance in or upon which such constable or peace officer shall
have good cause to suspect that any such game or any
such article or thing is being tarried by any such person;
and should there be found any game or any such article
or thing as aforesaid upon such person, cart, cr other
enoveyance, to mice and detain such game, article. or
thing, and such constable or pear officer shall, in such
case, apply to some justice of the police for a summons
citing such person to appear before two justices of the
peace," &n.—wheu five nets and a rabbit were
found in his possession, which were detained by
the sergeant, who then applied for • summons
as directed above. On Friday Mr. Babtie conducted
the case for the officer, and Mr. J. Cohinhoun
appeared for the defender. Mr. C. raised two preliminary
objections to the relevancy of the complaint : (1) That
the officer was not empowered to prosecute under the statute;
mud (2.) That the old Trespass Act. land 3 Will. IV., cap.
68, was not cited in the present proceedings. Mr.
Wale contended that the instance of the officer was
good and, after • lengthened and somewhat warm
debate between the two agents, the justices reo
tired with their assessor to consider their did.
sion. On returning into oourt, Mr. M'Lean said the
court was clearly of opinion that both objections were good
in point of law. The objections were sustivied accordingly,
and the complaint dismuoed.—North Br-dials Mail.

GALLERY OF ILLVRTRATION. Mr. and Mrs.
German Reed, and Mr. John Parry, re-appeared last
night after their short provincial tour, in their atioceesful
and varied entertainment. The beauty of the scenery, the
great musical talents of the three performers, and the
dramatic combinations they are able to effect ournencally
and artistically, give a distinct and pleasing character to
this entertainment which may account for its enduring po-
pularity. The " Family Legend," by Mr. Tom Taylor,
still holds its ground in public favour, and, by way of
novelty, Mn. Reed gives an amusing sketch of " An old
servant in • new place," in which she introduces a charac-
teristic domestic ballad. Pilkiugton—a linked butler of
great dignity--capitally acted by Mr. German Reed, has
been rendered more ludicrous by some fresh "business"
introduced into the part ; and Mr. John Parry gives us one
of those inimitable comic descriptive songs, sung and acted
through a perfect pianoforte performance of • score of
melodies, which have never been equalled, though often
imitated. This song is quite new, and is called " Mrs.
Roaeleaf 's Evening Party." The attendance last night,
and the reception accorded to the performers, were very
gratifying, and the Gallery of Illustration will certainly not
have to complain that it is overlooked amongst its crowd of
compstiton. _ .

SOUTH KINSINGI'ON MuniTic—During the week
waling Des. 27, the visitors hays boa as follows :—On
Monday, Toads', Friday. sod Saturday, free days, open from
10 a.m. to 10 p.m., 14,841 ; on Wednesday, student.' days
(admission to the pablie G. 1.), open from 10 a.m. till 4
p.m., 246 ; total, 15,087. From the opening of the
maseom, 3,648,312.