The Express.
London, England, 1864-11-08 00:00:00

COURT OF COMMON PLEAS.—Nov. 7.

Sittings in Banco.— (Before Lord Chief Justice Erie end
Justices Bytes and Keating.)
HARMER t. THE METROPOLITAN RAILN AT COMPANY.-
COMPENSATION CASE.

This was an action to recover &AV., the amount claimed
by the plaintiff for some property which was about being
taten by the defendants, upon the ground that they had
neglected to issue their warrant to have the value of the
property Reamed by a jury. At the trial before the Lord
Chief Justice a verdict was returned for the plaintiff for
the amount claimed.
_ _ . . .

Mr. 1). Keane, Q.C., now moved for a rule to enter a
verdict for the defendants, and stated the following circum-
stances. The plaintiff. Mrs. rairker, was • leaseholder of
some property which the defeodaota gave notice four years
ago that they should require, but they bad not i• fact taken
possession of it until the present time. They had however
settled with Mr. Taylor, who was the plaiutiff's yearly tenant,
and received the key from him. Thereupon Mrs. Barker served
her notice, claiming compensation from the company, con-
tending that they had in law taken possession of her pro-
perty. The learned counsel stated that it was extremely
important to railway companies that they should have power
to settle with tenants who bad small interests in property
at the most advantageous times, and to postpone the pur-
chase of the larger interests until the property should be
actually required. He submitted that in this ease there was
co taking of the property such ea would entitle the plaintiff
to recover in this action. . . . . .

The Court, however, said that the jury had found that
the land had been taken by the company, and they
were right in so finding.
Rule refused.

DOG° ITT V. CATrARRB.-OCT•DOOR BETTING.

Mr. Ysatman said that the defeodsut in this cue was in the
habit of standing in a particular place in the park, where
be exhibited betting lists ant made bets upon horse races.
The plaintiff handed him 5/. 10s., and took the odds of six
to one for that amount upon a certain horse, which, how-
ever, it turned out was scratched several hours before the bet
was made. The plaintiff thereupon sought to recover book
his 51. 10s., but at the trial, before the Under-Sheriff, the
verdict was for the defendant, subject to the opinion of the
oonrt. The present motion *id; for a rule to enter a verdict
for the plaintiff. The Betting-offices Act, so far as the pre-
amble of it indicated, seemed to be pointed against
betting in home. ; but then the second section said that no
house. office, room, "or other place," should be used for the
purpose of betting; and the fifth section said that any
money received as a deposit on any bet should be deemed
to have been reosived for the use of the person for whom it
had been paid, and should be recoverable in any competent
court. Under these circumstances it was submitted that
the plaintiff was entitled to recover the 5L 10s. under the
terms of this act ; and it was further submitted that as the
horse wee scratched at the time the bet was m de, no
no risk of any kind had been incurred by the defendant,
and, therefore, by the rules of the betting ring, and also
according to the principles of law, the party depositing the
money was entitled to receive it back.
Rule granted.
REGISTRATION APPEALS.

The court has appointed the loth, 19th, 22nd, and 23rd
of this month for hearing appeals from the decisions of re-
vising barristers. There are many more appeals than have
been entered in any one year for many years past, the total
number being In. but of these no less than eight are from
the borough of Kidderminster.