The Express.
London, England, 1863-02-23 00:00:00

THE EXPRESS, MONDAY EVFiNII4G, FEBRUARY 23, 1868..

SPORTING INTELLIGENCE.

THE LINCOLN SPRING MEETING.

11. ab) Intdlfacncc.
ILETSOPOLITA24-00112iTY OMITS.
Sitting days appointed for tbs wrist week.
WINIWOUrria, Sl Ilarthes-buse.—Monday, Feb. 25; Tuesday,
24 ; Wednesday, 26 ; MOMS), 26.
BLOONFIBORY, Portland-road.—Wednesday, Feb. 22; Thursday,
26; Friday, 27.
MAJITINNONE, Warylebone-read. —Monday, Feb. 26: Wedues.
Jay , DS.
BROMPTON, Wlutehmid's-greve —Thursday, Feb. 26.
Cizatustiwraa„ DIUNAII-terrace.—Tuesdky, Feb. 24 ; Wednes-
day, 25 : Friday, 27.
880111:DITCH,Old•streetcoad.—Tuesday, Feb. 24 ; Thursday, 26.
Vinitscuariz, Great Preseotetree4.—Teftder, Feb. 24 . Thurs-
day, 26 : Friday, 27.
SoUTHwazu, liwsnetreet —Tuesday, Feb. 24: Thursday, 26 ;
Friday, 27.
Lumens, Camberwell New-reed.—Taesday, Feb. 24: Wednes-
day, 25: Thursday, 26.
WANDSWORTH, SODAR-street.—ThnTsday, Feb. 26.
CITY or LONDON, Clulldhall.buildinge —Tueaday, Feb. 24,
Thursday, 26 ; astardisy, 28.
LORD MAYON'S Court Guildhall.—Thuraday, Feb. 26; Friday,
27 ; Saturday, 28.

JUDICIAL COMMITTEE OF THE PRIVY
COUNCIL.—Fin. 21.
GRRAT WFSTIRN RAILWAY OF CANADA, APPLLLANTS, v.
FAWCRIT AND DAM, REBIPONDVNTS.-JUDGMENT.
This was an appeal from the court in Canada, which had
held that the appellants were liable for the consequences
of a railway accident.
Their Lordships, fu now delivering judgment, confirmed
the decree of the court below, and dismissed the appeal
with costs.

EQUITY COURTS.—FEB. 21.
(Before the Master of the Boa.)
TEN HOPE BIIITUAL LIFE AABDRANCE AND HONESTY

A petition was presented by • judgment creditor of this
society praying that it might be wound up.
The petitioner was a purchaser of the judgment which
had been obtained against the society by the representative
of an insured deceased person, in June, 1858.
It war admitted that the society was perfectly solvent,
and the order now asked was opposed on the ground, among
others, that the judgment bad been purchased by one
Strausberg (who had assigned it to the present petitioner)
in their:detest of the Mitre Assurance Company, which had
taken upon itself the liabilities of the Hope.
The purchaser, a solicitor named Edwards, for whom the
petitioner was merely a trustee, was examined, and proved
that he gave value for the assiement of the judgment.
After considerable discussion, his Honour made the usual
winding-up order, leaving it, however, to the parties, as
we understood, to come to some arrangement in order to
avoid the unnecessary expense of formally winding up •
solvent company. His Honour said he felt bound by the
mere existence of the judgment, to regard it as giving the
petitioner • claim to the order sought. If there was any
fraud or grave irregularit/ in the matter, a bill might
I be tiled to impeach the judgment.
Mr. Selwyn and Mr. Roxburgh were for the petition ;
and Mr. llcblaonse, Q.C., Mr. Southgate, Q.C., and Mr.
Heaven against it.

COURT OF COMMON PLEAS.—Fra 21.

BEOOND COURT.

Sittings at Nisi Prins in London.—(Before Mr. Justine
Williams and a Common Jury.)

muums V. SMITH AND OTIM3A-4NPRISONMENT UPON

The circturstanoes of this case were of a very complicated
kind, but the following outline presents the principal facto.
The plaintiff, and also Mr. Smith, the defendant, were at-
torneys, and the former had been employed as solicitor for
the defendants, Mrs. Ous, • lady advanced in years, and her
son, in two Chancery snits. The plaintiff 's case was, that
it was arranged between him and his clients that they
should furnish him with money to pay costa; out of pocket in
the course of the litigation. It happened that the plaintiff
had the misfortune to get into Whitecross-street
prison, and whilst be remained there an order
to change solicitors in the Chancery suit by appointing
Mr. Smith in the place of the plaintiff was made, and the
Muter of the Rolls also ordered that all papers in the suit
should be delivered up by Mr. Williams to Mr. Smith
within four days atter the service of the order. It happened
that some of the papers were in the hands of Mr. Level, •
barrister, whoclaimed to hold them until his fees were paid,
and these papers the plaintiff did not deliver
up. In consequent* an attachment was granted
by the Court of Chancery against Mr. Wil-
liams for contempt in not delivering up all the men,
and this attachment was served upon him in prison on the
Bth of August, 1860. This was at the commencement of
the long vacation, but the following term, in November, the
plaintiff applied to the Master of the Rolls, who refused to
interfere, and afterwards to the Lords Justices, who set
aside the attachment. This all occurred six mouths after
the attachment had been lodged. Under these cir-
munateaoss the plaintiff now claimed damages, and
hie declaration contained two counts, one alleging that the
defendants had acted maliciously in obtaining the attach-
ment, and the other was for false imprisonment.
Mr. Edward James, Mr. Leofric Temple, and Mr. V.
Williams appeared for the plaintiff ; Mr. Serjeant Parry
for Mr. Smith ; and Mr. Serjeant Pigott for the other
defemtanta. . . . .

--
Ia the comae of the case it was stated that the plaintiff
might probably have got out of prism by arranging his
debts in a short time if it had not been for the attachment ;
whilst to this it was replied that the plaintiff bad really
suffered no damage, inasmuch as his debts remained un-
arranged during the whole time of the attachment, and for
some time afterwards.
. . . .

"TnnmierOfj7Mute of law were mimed, and the result
was that his lordship held that there was no cessagainst
Mr. Cass. As to Mrs. Cam that there was no case against
her upon the first count, she haviog acted upon the advice
of her solicitor, and therefore had reasonable and probable
cause for the course which she pursued. As to Mr. Smith
it seemed that had been advised by counsel that there was no
lien upon the papers for counsel's fees,'and this gave him
Traceable ground to apply to the court far an attachment.
As to the count for false imprisonment his lordship held
that the decree of the Lords Justices destroyed the attach.
ment altogether, and upon that the simple question would,
therefore, be what damages the plaintiff had sustained by
that attachment being lodged against him. As to Mrs. Cass
the jury would bare to say whether she ratified the course
adopted by Mr. Smith.
Mr. Justice Byles directed the jury that the plaintiff
claimed under three heads of damage—for the attachment
being lodged against him ; fir his having been put to certain
mete in trying to induce the Muter of the Rolls to let him
out of men ; and, thirdly, on account of the contingency
of Mr. and Mrs. Case not paying him his costs before the
Lords Justices in accordance with the order of the court.
- The jury found that Mrs. Cam had ratified what Mr.
Smith did, and they gave damages against them for 250/.
in respect of the impprrrroonnment, in addition to the amount
of taxed costa in re(ereuce to the application to the Muter
of the Bolin

THE POLICE COURTS.

OII7,pHALL

Mr. Aka Bence, a stork-broker, carrying on badness at
4, Bank-chambers, Lothbury, surrendered on bail, before
Alderman Humphrey, to answer the complaint of Mr.
J. H. B. Vivian, of Ring's Bench-walk, Temple, and Moe,
den Lodge, 'Natoli who alleged that the de-
fendant had misappropriated else sum of 1,7261., the pro-
ceeds of certain London, Chatham, and Dever stock entrusted
to him to exchange for some shares in the Recife and San
Francisco (Pernambuco) Railway.
Mr. Pawls, of the firm of Pawle and Loewy, of New Inn,
Strand, conducted the defence.
Mr. Vivian underwent a long moss-examination, and
several witnesses were examined for the purpose of showing
that the defendant had been authorised to appropriate the
shares to his own use. Mr. Vivian had some difficulty
in remembering the meaning of • letter he bed written
to the defendant, at one time saying that the letters
P. R. meant the Pernambuco shares, and afterwards that
they stood for Paternoster-row. Ultimately an offer was
made by Mr. Petrie to hand over the whole of the amount
received by his client for the deficient Pernambuco shares,
which Mr. Vivian said be should only be too glad to receive.
Alderman Humphery said, from all he had heard of the
case, that would be the most rational termination of such a
charge under such peculiar circumstances.
Mr. Pawle said Mr. Vivian wanted a profit of 4(101. in the
transaction, taking the shares at the value named in the
transfers, instead of the market value.
Alderman Humphery said, a letter of the 22nd of August,
which had been read, might be taken two ways—either to
buy shares and hold them for Mr. Vivian, or to deal with
them on his own account. That being the case, he thought
it'would be better if the matter could be arranged.
The case was then adjourned fora week.
BOW-STREET.
_ .

Charles WCora, lamp shopkeeper, Drury-lsne, was
charged with an assault on Sarah Gough, dressmaker.
Complainant stated that on the 12th inst. she went to
the ddeodant'e shop to make a purchase, when he requested
her to walk into his back parlour, as his wife wanted to
speak to her. After wading. some rne he came in and put
his arm round her waist, saying, " I have a great fancy for
you." She desired him to leave her, took up a table-knife,
and threatened to run it through him if he did not go • on
which be said he did not wish to hurt her, and immediately
got out of her way. She then left the place and went home,
when her father advised her to take out this summons.

The defendant admitted that he had acted improperly,
but said he had used no force, nor had he spoken an in•
decent word.

The Magistrate said it was quite clear what the defend-
ant's object was, and his conduct had been flagrantly in-
proper. If the applicant or her father wished him to send
the case to the sees:one he would do so, as a decided assault
had been committed.

Asthe parties did not wish to proceed farther the magis-
trate tined the defendant 51., or two month,' imprisonment.

MARYLEBONE.

Mr. T. B. Rae, late secretary to the Marylebone Board
of Guardians, surrendered to his bail on the charge of em-
berzli certain moneys belonging to the parish.
Mr. solicitor to the parish, attended again for
the prosecution, Mr. Rice for the defendant, and the Euro-
pean Assurance Society—who ere guarantees forth. ac-
cused in the sum of 5001.—were represented by an in-
spector.
The defendant's solicitor applied for a remand for ano-
ther week, as the investigation of the accounts was still in-
complete, and Mr. offering no objection, the appli-
cation was granted with the same bail—Mr. Rae himself in
2001., and two sureties of 1001. each.

DUBLIN AND MEATH.

The ninth ordinary general meeting of this com-
pany was held on Saturday, in Dublin ; Sir J. PA2TON,
ILY In the chair.
. . . .

The CHAIRMAN, in moving the adoption of the report
(which was taken as read) congratulated the shareholders on
their line—their main line—having been completed and
opened. It had been opened the day before their last
meeting, and, up to the present moment, had worked
satisfactorily. It was quite true that there was a great
deal more to be done in the way of sidings and the
erection of stations, which • variety of circumstances
had prevented from being carried out. After some
little delay they had completed their arrangements for pre-
venting their servants from being mixed up with the con-
tractors in their work. Just as they were about to con-
clude matters for going forward, their contractors, the
Mews. Moore, became involved in difficulties, arising out
of other tranuctions. Negotiations had been mad* with
regard to that affair, and ha (the chairman) had the autho-
rity of the contractor' creditors for saying that the terms
proposed by the company were very satisfactory to them.
Every effort would be made to have that work satis-
factorily carried oat, and as speedily as possible. As
to the prospects of their line with other oompa-
nie• he was sorry to say that they were not in
• favoitrable position. The very moment that they
extended their hue to Kells—which they had authority from
parliament to do—the Drogheda Company reduced their
fares for the journey from Dublin to Navan and Kell. to •
ruinous lose. That, however, was a course not likely to last 1
long. The financial prospects of the Dublin and Meath 1
Company were very satisfactory. They were now in a pod- 1
tion to go up to Atbboy, and when they had done that
they would have • very good local traffic. If their line had
not been assailed in the manner it had, and if they had not
met with so much competition, they would now be
in the receipt of 81. per mile per week. They
were, notwithstanding all that opposition, receiving
fri. per mile, and there could be no doubt that, so
far as the bonds and preference shares of the company
were concerned, they must be as wife u almost anything
that could be offered to the public. The chairman con-
cluded by stating that the directors, being now able to com-
pute with accuracy the traffic of the railway at its mini-
num, had no doubt of the very valuable character of their
Lri:per4toyek. He had great pleasure in moving the adoption of
Mr. DliatneiN seconded the motion, which was unani-
mously agreed to.
A resolution empowering the directors to issue a quantity
of the preference stock of the company was then proposed
by the chairman and adopted.
The proceedings terminated after a vote of thaaks to Sir
Joseph Paxton for his dignified conduct in the chair.

LONDON AND NORTH WINTERN RAILWAY.
Marrs. Goes and Fitzgerald, scrutineers, appointed by the
shareholders committee oomplaiu of the statement appen-
ded to our report of the half•yearly meeting on Saturday
as to the amount of capital represented by proxies lodged
with the secretary, and the result of the first day's polling,
as being =authenticated and calculated unfairly to in-
fluence the ultimate result of the poU. The statement
was furnished to as from the OffiCCII of the company, and we
published it relying upon its accuracy.
GREAT EASTERN RAILWAY.—ibis company's
harbour line at Wiabeach has just been opened far truths.