The Express.
London, England, 1855-02-12 00:00:00

law itlttUtcittlte.

NITIOPOLITAS COMITT ODOM.
og agsz=lsrrepreasat week.
Warnires.w IL kr. F. Da, ley.-Terdii.
Wainßa UMW.
11.IS44umaan.ts
MaasaL I Mr. L Analsara.- Karig.
Talh IL
laraanaa.-.lMis lk. AnalphaL-Tasio. IS.
11141401111•4L-__ talon Yr. L. Malasireabar.
ar
LreesOrribi=lo4•2;46.
Krl. O. D. Math.-WA.
al=wou..ab. 111; =ma.
i.Sr. -tam
,111 Kr. Ilar)autt 11. 0. Jana
-Taalisp. M. IS; Weasseq. 14; TAW. IL
alarmiami, o.lnahaasas.-11alare 111:. Sirlsaat IMahlih-
Taraira M. tat Thanday.
OlLitualhearL-1146x• Mr. Ilayas4
Saw, Yr. ladwrit facaka.-TaNday.
Feb. IS; Misr, IL
1144rralmsa. swas4trat. ScaraL -Sabre Mr. O. Oka.-1140-
arsias. Feb. H; TN Wa. IL
WILIMTII. °mama; Now.raL-Sebri Mr. J. P. Tarlar.-Tass.
Say. M. IS ; Wahmalay, 14; Thendsi.
ayouswoors. IlmitbativeL - WA, Ils. J. 7. Trarsr.-Than
digs b. IL
4. Lagar. Odinhall.b~-711srare Mr. 14 Osrary.-
Walatalay, M. 14; Tharsasy, IS; map. IS; Saainar, 17.

JUDICIAL COMMITTEE OF THE PRIVY
couNCIL—Fra. 10.
FAUMMW.d.TIII VOW COM MIMS or TEM COMM PIA" T
name WM. T. TKUSMIIOII mem, ran mom GP TUT TWOS&
tyre agar, AK. TSB mew sew. sea mimeo aria.
area's ,Arm.
M. ammo (with whoa was lir. Aiwa) said be op
Ermleille digs rdships is support of the petition of
Themes Clark, who prayed for a prolamines of
hle NOM tor taftrlyteg pare water to the tools sad eines
a ebb kisplem. One of the greeted. was that be had not
been mmiseembeh for the *messes iaeurred sad the Man-
illa\ 4801111/ to this iwportaat psblie object. The beam
ties sashedied the bantams of watar cseuiesod by chalk.
Eire{ Imo el seep were daily destroyed is Leedom. and by
ley maim two benched pounds a day would be saved
to the maimpolie aloes. Water so purified would be
Beek 'Maw err culinary perposse, and for us in
iftem maim It was well known that the
water hem the shells diarists was of tbe west kind. when
Os sheik wee removed. Pietism Clark's invention
mama Me 'balk to be peedpilseed. The deposit, whet pee-
, hems meet valuable whiting, aid es lime seat
whlthe most IL 141., ono ten of lime preemies
three sees of whirls& 41. 10i. meld be obtained he own
H. Mull schemes bed been eremeed within the bedew
years for supplying water to Lemke him Me illmdk dis-
tricts, but the legislature bad gives the malls.
jay.of years so as to oompensate Mem loratlrir Vast-
That teas bad now nearly expired, asi this invention
would be then most beuellaially applied.
Professors Miller and Hoffman, with lir. Davis, the
engineer, and Mr. Honserelmun, the secretary of a company
whisk bed used the invention, were assigned, end ulti-
mately
The Lord Chief 'intim said under all the cirommleaces
the council world feel it to be their duty to mamma to
her limiest, • renewal of this patent for seven years.

1117111 M TIM UM MUMMA&
His lordship was earapisd during the day is koala( sa
appeal i• a cane of ^ Woodgete v. Anther Butts," the
gnostic& involved being a disputed natter of seeesst. It
was of se possible interest to saps, bst the pestles eels-
awned, sad was sot concluded lA, the emit nee.

/11 R. PiI•GX•Y, BAIT., V. 1111 107• L MINIS 110011 ITT.
This was • gooiest for an *basics te rennin the
deilsaste how preseedinc in as *don at kw eenipei
payee* Ma the glaiatiff of • am of matey he lest of
the Milennd whisk had bees leased by the delhadasta
* tbptbdeillir he a Met of tweatynevea years.
=N . sad se
Mr. ewes, 0., aad Mr.
ated that Hthe ardy emend in
yiiiilif bad supped ef
Or is
!.AML la lealdei inapernesseste vies the ingarty..srlro
be wee anima el earranilsing the bet, es* id* to the
defendants, through their oefidtw, lOOL se a ennideration
for the surrender. Mew* the defoliants did not **-
pieta that nireasfer, .hest they retained the seamy sad
applied it as shag* it NM Feat of the wpwty, treating
the lease es as editing ens. The istis had dee re-
ceived route alms of the nader-eametie of the phiatif
wining penal*, poverty behmerelbeenita. They's' Ihes
cionmeseed ma Mies anainst the Pilaff is rennet of alleged
arrears of veal. Tie that aides the gimlet', plied* as
equit•ble Mader the Cannon Low Procedure Ant,
setting a above elated, bet the Court of Ha-
=wse of ogled* that thh was not • ow felling
Ile wahine of that act, and that, therefore, the
equitable deem* wee invalid in a court of law. Hones the
priest milks was made, asking that the plaintiffs might
he reenalssil friar proceeding at law.
Mi,. NAM CLC., Mr. Biltoa, and Mr. Brown were
he *bar eine.
The ease set being concluded when his Honour rose,
Mr. Brawn **nook that no proceedings should be takes
hi the adios at law until the ease cane again before the
mut.

COURT OF QUEEN'S BENCIL-FEB. 10.
SIITIPOS LT WIN PUMA DOOM LOAD 0 AAP/SU nn • BrICIAL IV

CROFT v. LIIMLEY.-111111 MAJESTY'S THEATRE.

Mr. H. Bill, sad Mr. Wilke WI

oonasel for the plaintiff; Sir F. litesipr, Sir F. Kelly,
Mr. Brainwall, Mr. Ellis, and Mr. Wells for the defendants,
Lumley, Lord Ward, aad others.
Tois was an action of ejectment, brought to mower pee-
'swim of her Majesty's Theatre and property aliening.
The Attorney-General said this was an action of eject,-

meat, brought by Mr. Croft, the plaintiff, who was Mann
and enamor et Mr. Thomas Holloway, to recover the pro-
perty known as her Majesty's Theatre. Mr. Holloway, the
grandfather of the gentles= now interested, was the lines
nadir the Crown, so far back as 1793 ; bat in 1846 Mr.
Lumley bicame losses to Mr. Holloway, and under that
lean It,. Lumley now claimed to bold the theatre. Mr.
Lumley was estitled to let 46 bozos sad 66 stalls, but he
was not emitted to let them but from mama to meson. He
was tied down by the Menet enemata not to ensue= the
theatre la any way, end not to maven the theatre to any
other me, nor be behind payment.' the rent, or nelson
would be forfeited. The plaintiff alleged that Mr. Leaky
bad brass his covenant in every way. He had given war-
nats of attorney, and judgmeate were entered up again*
bins to the eaten of 64,618 L. and they were, it was con-
tended, 'numbness, upon the property. Kr. Lumley had
also let several bons and stalls for mere than a season, to a
gentleman of the name of Hughes. This was s violation of
the covenant. By these mean Mr. Lumley bad absolutely
rained the theatre.

Lard Campbell said that it appeared to him that the
whole matter would involve itself into a question of law,
wad perhaps, If the facts wire admitted, the hotter way
would be at Gate to turn it into a special tom, so that it
might go to a court of error.
The Attorney-Owned said there would may be one goes.
Om el feet. It was alleged, on the other side, that there
had been a waiver of the forfeiture by the plaintiff having
remind :sat in October last, but he should skew that the
mosey had not been received as rent.
It was ultimately arranged that the facts should be turned
Into a special ease, bat that the evidence as to the waiver
shield be left to ate jury.
C. H. A. Manalli—l ant a member of the bar, and en the
brother el Mt. 110110W1117, the owner of the Opera-house. I
have the satire 'management of my brother's property In
the Haymarket, the Open-arcade, the. The Opera has
bees shut fee two years, which her beta a great injury to
the ether property. I have received the rent of the Opera-
been is, pen. I feet became acquainted with the war-
rants of attersey gives by Mr. Linsley to Mr. Hughes in
Jaw bet. I have dimmed others within the last fore-
sight. I didn't previously know of any warrants of atter-
soy having boas given by Lenity to any one. I directed •
march to be made la June. I lad a nempoadeuee with
Mr. Barmen la Jamey last I Mud, by saddest, that
me hoses and etas bed bees depend of fora
period than a ether than the oneepied benonhatna
the 2nd et July, Limey gave its• modes 41;2athe
bozos be shoold ethdatumlor the lease. I booms tad
of the bet frees on athlete tent had been flied by
se=
Os 04.9115, 27 I west to Lyle, Dam, sod Nein
for my of the wen inegested in buss. I leek this
letter web en, and end it to Mr. Bernie, who &NUM le
take the list Ase. The rent wee tendered, and I said I took
it without godedios to the right of re-entry, and not as rent,
but as emtheation for enupaties.
Cosumembei-1 kid one sr two iatervion with Mr.
MUSS' An I rmiwlAemewey. It,. Barnes en= '
declared *sibs Wadi/ea the vagary es rent, and
timidly. les thienaly said I should receive it mend, ei
compensates the the escapade's and not es rent ands es
unforfeited lease, as I coasidad the loses forfeited. I
went to his Ake on the 27th of October, by preview of
for the payment of the many. Upon that nee.
non I mentioned to him that I had • letter I wished to reed
to him. I think he did not say that if I read it, it night
prevent his paying the money. He said he could not take
the letter. Be rejected the letter. When I first saw
Barnes, his clerk "tame in with the mosey, 967 i. 75., which
was the amount of half a you's rent, which wee du at
Michaelmas. Mr. Barnes said, I tender you this without
any condition or reserratiom attached to it." I sold I will
accept it without pnjudies to the right of reentry. I
shall take It as compensation for the oecupatioa merely,
and not as rent under an unto:hind lease. Mr. Bermes
then said, ".,1 do not assent to any such wedition. I tender
it as the rent des, and you mast take it se seek." I don't
think ha added, "or leave it." I said, I perfectly under-
"lad what you mean, and I theta took up the sassy.
The theatre has not been opened Wan 1863. We
weed the " properties" in December, 1861, wkieh
war afterwards sold in April, 1868. We re-
mained in pomades all the time but the theatre was
=while we wire in pownsioa., Noblemen sad
interested perthased the properties. I la
Joe leekellhe wensate et stormy. In Jemmy I head

he bed let 16 hem and Neaps Its 1852 sad 1868 I Mew
g!r=erkl'i
IW
eat bare e 3 the manta of attorney
el Jess lest the seem iies eir mean of rut sad as
deers inIEIS Wader WOK Several mostioa ors
d to
mmeibrwmt. Then wineirshe inteepteader
suits We Nip put aMe is to pelmet onwidem. TM
PraPattlia an sew Lord IFM's set see at the theen. In
enespreme of • eenwspeffeens Deshwri wed Mr.
Seem died es me she'd, belles lb* Nib Water, au4ll
it ene emeged that Mr. Banes emit Wes the net, sad
se the IS* el Ostaber I told Banes he Welt Mete the
min Ise spoke et He said Ise wee ready le de se, sad
eke eat day I sailed ups kis. I never assisted to take
the mem, as nat.
Ns Kelly said *ere was a_ gamin se to the precise
wens nest at the meeting with Mr. Bessie whets the ream
was pate sad the opines of the jury me, therefor", 44.1
side ea to Ml* party Ins giving the surest some ell
the etaverentiely aid than the matter might be Weed heel
a spiel senu.
Lord Campbell rem tat might be dame
81r F. Kelly them Welly addressed the jury. espies Mal
It wee isesatlal that thviat shoal be dearly imaimellieff
aet desideL Mr. bed prates* this 'shish*
st • seat of 1 There was • comsat for a
fsfelw M ease of the asst sit *leg paid. sad it there.
fore biome of the greatest Impresses that the rent should
be
ten paid, sad these wise wen interested in the
*sera, *ses wire seises to take ease that the net
shield be pelt, sad Mr. Seems • sepal*. Wieder,
eesdasaiMe messy as rest, sall'wenM sat pay it en say
**sr Wee* set he should call Mr. 8e..., who would
ten tbasa essis what passed.
Mr. Barnee—l am • panne with LymeHanes, sail
Ellis. I ressilset the interview en the >Mlh al Oseeberit
Martelli's cambers He said be wee pies to MIA/ se
ejectment. Disked what were the Lamas en vie* he
finsaded it. He said two menials, the esembeenses
Omd
sot opining the theatre. He said he theot I shoed
have tendered him the rent. I replied that lad not tick
he would have ennead it if it had been tendered. I then
moulted mese ou the effect of payment of rent. On
the 21 th October, Martini called spec me and pre-
dated a letter, which he proposed to read. I told
him that is all probability if he read it, it would prevent me
from making the tender. He made • motion as if to read
it, but I told Ma I wished to maks the tender pare and
simple, sad to rub eat all teetotal/amid between us before
athe ettWeet, end my clerk be in directly with the
messy. Then Mr. Martell( put the letter into his pocket
r. I seer ha it read, there was so act of reading.
ein mass ia with the 91371. Is, and it was placed epos
the table, sad I said, "I, cc behalf of Lumley, the lime,
tender Is pm the half year's rest due at Michaelmas, for
her Mejesty's Theatre, and I Moo without aspenditios
es nowealioe." Mr. ansill said, "I as ready to swept
it without preadice to the right of re-entry." I
mind. "I 'seeped else seekssmNse, that as rent I had
teetered it, sad es nee be met Me it ormean leave d
it."
be took He
the said, " I mdiseind Mae yea ," an
thlmcesy without hindhar ellservatioe. He did not not
" I etka es imp_sdas for occupation only, and sot
es net Ise ea lesee," or anything to that effect.
I bet as Ober attest la papist the ran than to waive the
lit=talwised—l was acting for • dent, Yr Rapids*
see. I have so personal interest in the matter. I did set
make say seamesadues of what pissed.
Mr. Wettair—l am clerk to the lest witness. I wee
punt on this sesseles. I laid the mossy on the table.
Mr. Martell said "I will accept it wino* prejudice M
the right of reeetry for breach of comsat." Mr. Baran
said, " I do sot um* to any rendition whatever—take
it, or leave it." Mr. Martell slid, " I quite =dinned
what you mesa." and took up the money. He said meant
else. I made • memorsadata either the same or the ant
day " Mr. Busse paid Mr. Martelli the rent." Mr. Mims
said he did am pay it ender say inanition whatever, sot Is
took the rent without say receipt bang asked for or Pm.
The Attorney-Geserel then addressed the jury, and mid
there were three questions—was there a breach ? was den
a waiver of it? sad whether sabsequently any fresh kb.
Minn had alattatedi ? But the question of wa i aaa was Os
may quotes for tits jury, sad- that depended spas the
waviesatien gbh* Met plasm when this money was taken
up. Mr. Besse' less dogmas of inducing Mr. Martel ! to
take the money as reset; but Mr. Marteili, Wag in the
law himself, was aware of the effect of doles se, sad
is addition he bad the opiate of sounsel, sad • Mg
bad takes place between
them, is weak
Illrr.srsarttlielietitilweys declined to swept the money as mt.
Mr. Bums bat endsaveared to Mem Mr. Martell to as.
apt the rent, bat without mons, and then came the inter-
view in pestles Mr. MarteUi had but one object, and
that was to preveat the waiver of the forfeiture, sad be took
with his • letter to reati to Mr. Barnes. la order that there
might be so dispute about the lactase' used titian that oc-
casion, and be seminaleated the contents to Mr. Barnes.
Both parties were anxious that the mosey should be paid
and received mording to their own idea; one believing',,
that if he said he would may pay it is rent, that would be
sufficient, and the other thinking that if he said he should
est so receive it, he weed be protected.
lard Campbell read over the 'Aimee elas k W bass
Om to the jury, and pentad out Use ibiospeasisso lei
Om left it to the. to decide on to whose seldom May
lasted.
11 T_ao seined,sad, on their !eters,
said—Geatlessea, do you believe Mar-
Mars sealemest or Barnes's statement ?
The jury returned a verdict Is favour of MartelU's stee-
ling.

"'INTIM" g.
1 Mr. &delimit Themes and Mr. Charms& were counsel for
thtplainuff, and Ms. MaimMe for the defendant.
This wee an stadea breught to recover compensation for
an assault sad false impriewantent. _ The defendant pleaded

&justification.
It appeared that the plaintiff was a collector of advertise-
ments, and the defendant a publisher. The plaintiff had
been employed by the defendants to collect advertisements
for publications called "Time Tables," and, as he
they had improperly charged him with embezzlement, had
sawed him to be taken before a magistrate, by whom he
wee committed for trial, and he was subsequently tried at
the Central Criminal Court, and was there acquitted. The
*WIN now complain,' that it was a malicious prosecution,
ami dahnod dumps.
The plaintiff was now itemised, and said he was not a
swat of the dohadant, but acted on commission, and bad
aemenallni M all his rooeipte.
The Mom was that the plaintiff was engaged on snob
terse me pissed lima is the position of a servant, and that
the delbadant was justified by the circumstances in adopt.
tho eswas be bad.
Mrs*, sellmesni a verdict for the plaintiff. Damages,
2OL

BAIL COURT.—Fai. 10.
Trams at m uns aimestaaes wow AT T 1 parn.--sm