The Express.
London, England, 1864-01-28 00:00:00

butiligenta
COURT OF QUISNII BIRCH.-JAN. 27.

) ii",

IV I

Sittiep is BearsaLtßefore Lord Chief Jetties Cockburn,
and Ale Meet Groupies, Blackburn, sad Mellor.)
WEI OMNI V. FLAW&
The nation is this ems arises I. connexion with ea of
the Bilkafotte
pr: tion and it apposes that in 1860 an act
was passed for the and -inspection of mines, by
which it was that, as miners were usually paid by
the gestalt, of Nal or other missal raised, sad not by the
day, mime oberabl, where the former profiles was adopted,
appoint theft own weigher or miasma, but at their own
eat, with two limitations—fink that the man Bigoted
on should be eof the persons for the time being eel it
the colliery or mine ; and secondly, that he sh set la-
tempt or impede the working of the mine. The owners
in this case contended that the weigher appointed by the
sea was not at the time of his appointment • pawn em-
ployed is therms mine, and the defendant, who was their
spat, had ceased him to be removed. The MIMS thee
spina Platte, and the magistrates who beard
proceedede e coevicad him soda the statute for
easefully obstructing • person who bad bean
duly sad legally appointed as weigher. It go
peered that the man wee tern ployed at the time by the
owners and on the same bed of coal, though at a different
shaft. The mitten contended he wssemployed on the same
mine ; but the proprietor, urged it wee a different mine,
and that consequently the appointment was illagaL Bead
acted for three years as weigher, sines the passing of the
set, under the same owners and spat. The mine had two
shafts. The working of the abaft where he was first air
pasted weigher we. discontieeed, sad than the mitten
concerted with the other shah discharged their than
weigher and appointed him, upon which Platt displaced
him ; sad it was for that iaterferearo the defendant was
summoned before the magistrate" and oenvicted. A role
bad been obtained by the owners for a certiorari to quash
the coovictioe, with • view of having the point Weed and
decided by this court.
Sir F. Kelly, Mr. Cleasby, Q.C., and Mr. Manle,
appeared on behalf of the men, to show awe spinet the
rule ; Mr. Bovill, Q.C., Mr. Welsby, and Mr. West, on the
part of the coal proprietor', in support of the rule.
Sir F. Kelly urged that the conviettou was valid
on the fees of it, and that no other *edam founded on
matters of fact could be raised by aSdavit. They were for
the magistrates to decide.
Mr. Baill contended that the magistrates bad not juris-
diction, the man appointed by the net not belonging to the
particular colliery. rhe miners contended they could ap-
point say ea, and that was the substantial question be-
tween the parties.
Sir F. Kelly said the men did not claim such a power.
Mr. Bain said there wee no endows to show that the
man was in the employ of the colliery owners.
The awe first ease before the court last week, when •
suggestion was thrown out by the court for an amicable
settlement of the ore, and to-day wan it came on the
further argumeet,
Sir F. Kelly said be had • saggestioo to make which he
hoped would have the effect of restoring pesos between the
employers and the employed—viz., that Norenanston, the
man who had been removed by the owners, and who had
acted for three or four years as weigher, and bad enjoyed
the confidence of all, should be allowed to continue to act
for the men ; the learned counsel would be content to let
the proceeding, drop, or that if the ecalowners would
allow this and another question to be quashed, the men
would not ask for costs, and the learned counsel engaged
would do their beet to recommend • peaceful settlement of
the dispute.
After some conversation between the learned counsel,
Sir F. Kelly said they had arranged that the rule
should be discharged. and Normasta to be restored as
weigher, and in the meantime it was hoped the parties
would be advised to allow pesos to reign hawses them
for the future, and thereby prevent much and
Mr. Webiby said he would agree to the terms proposed,
end expressed sirloin hopes that it would lead to pesos
hawses the
The Lord Mtaf,Justice said all the court could say was
that they also sincerely hoped they would hest no more
about it.
hole :discharged accordingly.

The court will siriiik;;o77.iiLiry and Wednesday
next, immediately following the last day of tarot, and also
on fire days eomineocing with Tuesday, the 9th FebruarT.
To-day and the remaining daye of tam a loomed judge will
sit is the Hail Court to dispose of motion&

COURT OF COMMON PLEAS.--JAN. 27.
Sittings in Biaaa—(Batara Lard Mg Jaggier Eris, aaa
Jusrkaa Willkar, Willis, sad Basting.)
TOBIN AND ANOTIIII V. TIM OUZIN.—DINTROCTION Or A

TM ma a petition of right, and Nem& TOM, in their
petition, anted that they wen eltipowsers and meechanie at
Liverpool, and had for 29 yens teen largely imaged in the
A trim trade, and for the parpm@ of tech trade had Ma-
'stolid on the cent of & • men the 4th end 9th

degrees of south latitude—storehouses and factories, whim
their vereele could discharge their outward cargoes, to
be bartered with the natives for African produce,
sad the suppliants were accustomed to receive
is return palm oil, ivory, gum, coffee, ar.d other
African produce, and to ship it a beard their veneels, and
briag it direct to LiverpooL To superintend their trade
oe the coast they had there a resident west sad other per-
sees. In 1860 the suppliants purchased at Laandi St. Paulo
a small aseel, then called the Mazy sad Elizabeth, but
mime called the Britannia., to carry theirerd' to sad
from their factories sad storehouses on the coati. The
vessel at the time of the purchase was not registered as a
British ship, and ashe was purchased to be sad mainly epos:
the coast in the suppliant.' said trade, it was never intended
that she should be brought to any British port where she
could be registered, sad as it we near ooaeidmed necessary
to register the ship she remalised mariMetered, and at the
time she was destroyed the wee sot entitled to fly the
national flag. Until she wee destroyed the vise.
eel ma els:played solely in the supplies& trade,
sad was not is any way mimed in the slave trade. In
August, 1862, the VOW required repairs, and bass at tan-
dem, epee the said coast, where the repairs could sot be
dom, she woe, by the eaters of the eupplisati resident smut,
taken to a pleas upon the coast called Cebeside, having on
board as the time six barrels of palls and Moat sereety
planks to be used in the repairs. The *she were such se
were it for the repairs, sad were met ewe planks such as '
should be said for laying down a mead look for slaves.
At Cabseda she was to be remind by Don Francisco
Franque, sad she arrived at that plus en the 80th August ; I
bat la oonsequemes of sot being able to procurers peruse to
work upon the repairs, she was dismantled. sad left at
moorings sintol the repairs could be proceeded with.
Eircrcordingly roman:Atha% basis' onboard tbeoilandthe
planks, from that time until the 20th Sept., 1882, when she
was seized se a venal engaged in the slave trade by Captaie
Sholto Douglas:, who was is command of her Majesty's
ship Pamir, one of the slave trade squadroo, and upon the
greeted that she was mot is a at state to be aka to St.
lielem, where she could be adjudicated ape's is the
Admiralty Court, she was, with the things ca board, burnt
by command of Captain & D sating in the supposed
enemies of his duties. The en ais orwelosioo, alleged
that their property which been wrongly destroyed,
amounted le aloe to at least 1.0001. ; sad they payed that
right sad joshes might be does. sod that tin/ !fa b
compeemated for the lose which they bed emeteised. To this
petition there were demurrers ; the point raised on the part
of the crown being that the crows was sot liable for the
sate of Oapiaim Sholto Coughs, ea alleged to bate bees
dom by him is the petitioo ; Led, as the part of the sup-
phente that the petitieu selleteetly showed that the crown
was responsiLle for the sate of Captain & Doegles, mad that
there was a good and valid elela avast the crows for the
same. The demurer sow came on for argument.
The Attorney-Cameral, the ficilicitoe•Cimeral, Mr. Mins,
Q.C.. and Mr. West, appeared for the Crewe sad Sir
Hugh Cana Mx. Bevil', Q.C., mid Mr. Kemplsy for the
eoppliaeta.
The use was sot ooeoladed whoa the court rote.

00IIRT OF EXCREQIJER.-JAN.
.27,

Stitisp faßa Beam —(Betass Lora Chief Bina Pollack, sad
rnes Martin. Ohaaa• 11. sad Pligeft)

moms Ali JETVII V.

This was sisppsal7g;iUiiieMaviniTra by the justices
of Brighton of the clefendsan for keeping a gone or lottery
within the wovicious at the 41 Geo. LEL, e. 119. Is
timber, 18A Jeffs kept a shop ia the Kisg's-read, BOO'
toe, is the iviodow of which watches, pieces of plate, sad
other articles. were schibited,with a placard is these words :
—" Thews preen* with *then. will be givea away by
Walter Janes Morris at the comilosion al his eatertainment
st Newbergb-romm, Brigitte'', to-sight sad every ',sang
daring the week." A sodas that Wan wen to be had
within also appeared in the window. A person named
riLitylain purchased a ticket at Jeffs's shop for hi., and
with it a programme of Marie's estertidameat,
which was partly of a masted sad partly of a theatrical
charmer. At the coodiesien of the pidennanes, which
lasted an bounced s half, Mardi came forward and ordered
various articles to be delivered to the comsat, el annals
annikend meta. The maenads@ held that tide was an la-
I T* of the Lottery An, sad Monis and Jeffs spa
iniest that diodes.
Mr. Sleigh, es the part of the appellee% costended that
to cemMiteits a lottery then might to he a waked between
the appellants aad the audience that the prime would be
distributed by chance. Here there was no metro* to that
sired, sad the audience might have hem dismissed for un-
tidier that was contained in the cestreat without say prises
having been distributed.
The seartwithoet galling wpm Mr. Leah, Q.C., sod Mr.
who
inegistreMo.
appeared on the oilier Ms, 'Mimed the deck.
:rot / the
Appeal dinsimed.

COURT OF PROBATE AND DIVORCE.
JAL TT.
MAI* the Judge Onliasry.)
FULL= OOYR AXD MUM
--••-- - - ' -

Dr. alpisba Sid-Tdr.-081;17,r-aba:&sinis.1177-Mr. ()Walley,
Q.C., sad Dr. Thelma far do
The wax • wad to deboods• lb. vanity al • will
exacatted as Mao llda of August, 1861, by Mr. Jabs Yallar,
who was forworly • aurikad malaudit ad No. 2* WWI&
abopelpaced, god vie Gad so as 811 ad Mare, left
Ten bolowswet low prwassaded by as dalsoduiti,
lrowerwr sod r.rys ad era Hoopla far
Videdwgeek, mod 11 vas append by lie as=l:4ll..lia

SS, .1,8444
deceased, on the gained that it was not the will al the de.
ceased ; that it had net be duly executed ; and that the
deceased was not al teliementery capacity.
The deceased had placed his cos under the care of a die-
emoting minable, intending him to be a preacher ; but the
plaintiff formed a cionasetioe with a berm* in his home,
who was meek lidsmaior. The deceased wen very amen at
the plaintiff's manage to her, and in his will, which me-
Mined wend esseelsie previsions, be out him off ham any
participation in Ids peeeperty. He gave severed legalise to
other relatives, sad-ieft the residue to the Ociameapeion
Hospital, Victoria-park er he the event of its refining the
bequest, to say other hesi that might be mused by the
Queen 1. council. He afterwards lived a very penurious
life, and was eventually placed in Betkul-gresa Asylum,
where he died.
At the ekes of the day, Sir James Wilde said it appeared
evident that the estate would not afford my residue after
paymait of the kiwi's sad the costa. He seggeseal, there-
fore, that, se the hospital had no real interest in the matter,
acme • est should be come Soso ea to MVO es much
as possible or the family.
The learned ceensel as both sides concurring, a °magnit-
udes was effected, and
The Court decreed peabate by consent.