The Express.
London, England, 1862-02-24 00:00:00

tab) Enttiltgence.

COURT OF QUEMICS BENCH.—Fsa..22.

Sittinp in Banco ;Etas Term at Westminster.— (Wore
Justices Wightman and Crompton.)
Their lordships sat this morning, and delivered judg-
ments standing over.
THE QUEEN r, THE JUDGE O► THE CoNsISTORT COURT OF

_
lAR4DON.—THI BTDINHAM CHURCH RATE.
Mr. Justice Wightmen delivered the judgment of the
court in this case. He said this was a rule callbig upon the
official principal of the Consistory Court of London to show
mule why a writ of prohibition should not issue against his
further proceeding in a suit instituted, "Adams and another I
v. Beale," for the subtraction of church rates with reference
to St. Bartholomew district church, Sydantuun. In 1855
the parish of Lewisham was divided into three I
ecclesiastical districts, under the 21st section of the 58th
Geo. 111., c. 45, and subject to the provisions of the other
church-building acts, one of them being the district of St.
Bartholomew' at Sydenham. In June, 1860, a church rate
was made by the churchwardens and other parishioners of
the district for end towards the repairs of the dim- •
trict church. The rate in form was for and •
towards the repair of the church, but it wp-
reared that it was made not only for the repair' pro- I
perly so called, but in respect of other expenses
nec".ll
for the proper celebration of divine service, such as lighting,
washing, stationery, and other requisites. It was
contended that such a rate was not legally made 61
made at common law on a whole and undivided
parish but it was said that the rate in question
was only made in virtue of the 70th sec. 58 Geo.
111., chap. 45, and the other church-building acts, and must
be limited to repairs in the strict sense of the word, and
that lighting, washing, printing, stationery, dec., however
necessary, were not subjects for a rate, but were provided
for out of the surplus of the pew rents, and if that failed,
by voluntary contributions. By the 63rd section 58 Geo.
111., chap. 45, the Ecclesiastical Commissioners rosy pre-
scribe the amount of the pew rents to be taken for a dis-
trict churches to form a fund for supporting the minister and
the clerk. The 26th and 27th sections of the 59 Geo. 111.,
chap. 1.14, contain various provisions as to the application
of pew route under the church-building acts, and that if
any surplus remained after providing for the specified
objects, it might be applied in aid of the church
re* if the Ecclesiastical Commiserators so thought
fit. It did not, however, appear, that after providing
out of the pew rents what was first set out, there was any
surplus in this case for defraying any of the expenses for
which this church rate was made to cover. The great
question was, the meaning and intention of the legislature
in the use of the term ' repairs." Was it to be (onetime&
in the strict suss of repairs to the fabric of the church, or
was it to include the expenses necessary for the
proper and decent performance of divine memos, and mat-
ters necessary and incidental thereto ? By the 71st section
of the 58th Geo. 111., o. 45, the distri were liable to
pay church rates to the mother church for 20 years after
separation ; and Dr. Lnshington, in conetruing that section
in the case of "Chesterton r. Farlar, held that
districts were liable to be unwed to the inci-
dental expenses for the mother churches, and though
the rate in that cue was set aside, it was on other
grounds to the present. Such a construction being put on
the 71st section, it was but reasonable a similar construc-
tion should be given to the same words in the 70th maks,
for unless snch were given to it there was no provision fee
any fund for the due performance of the offices of this
church in district parishes, en omission which the Ispi-
lature hardly intended. The court were of opinion that
though the legislature in terms, according to the sestet
and literal meaning of the 70th and 71st sections el thole&
George 111., chap. 45, said a rate was to be made fee the
repairs of the church, it intended to include in UNA nille
every expense necessary for the due performance of the
offices of the church as well as the repairs of the fabric
The court were therefore of opinion that the rule for a
prohibition should be discharged.
Mr. Smith said he was instructed to ask their lordships
for wets. The churchwarden' had been compelled to recut
this rule, though they had no fluids out of which to repay
themselves.
Mr. Justice Wightman maid it was a piestiou not free
from doubt, sad one that might be very fairly raised. The
court were not disposed to give costa.
Rule discharged without wet&
Sittings at Nisi Prins at GnikihalL—(Before Mr. Justice
Wightman and a Special Jury.)

.74.1.1118E1 V. GARDNER.

This vas as setien to recoveroonipenia tiro in damages
for injuries does to a pistils..
- • •

Mr: Hawkins and Mr. Isderwick were counsel for the
plaintiff ; and Mr. Serjeant Parry and Mr. T. Jones for the
&readmit
It appeared from the plaintiff's case that M. Fralinski,
the plaintiff, was a Pole, residing in Gloucester-place,
Hyde park, and the defendant, a picture-dealer, carrying on
business in Oxford-street. In 1353 the plaintiff be
came possessed of • large picture. representing
Venus reclining, which he believed to be •
Titan. He offered it to the trustees of the Royal Aca-
demy, but they declined to purchase, and he then sent it
for exhibition and sale at the Crystal Palace. It was not dis-
posed of, and the plaintiff in April, 1061, mitered into a
contract with the defendant, Mr. Gardner, who was exhi.
biting an " Eoce Homo," to show the " Venus" in his
rooms. The defendant was to ask 2,0004 for it, and to re-
ceive 201. per cent. upon the purchase-massy. On the 16th
' of April the plaintiff called at the defendant's, and found
that he had made considerable alterations in the pie.
ture, particularly the hair and face. He afterwards
wrote to the defendant requesting him to make
no more experiments with the picture, and the
defendant asked him to come and take it away.,
The present action was, therefore, brought to recover
damages for the injuries it bad sustained by the defendant's
process of " touching up." The plaintiff said he gave Wt.
fur the picture to a Mr. Walters, who assured him that it
was a real Titian. Mr. Mogford, of the Crystal Palace,
said he was instructed to get from 5001. to 1,000/. for the
picture, which be did not think an unreasonable price. It
was about the age of Titian. Ile bad never seen the
original, but it had all the qualities of a fine Titian.
The picture, which represented • nude Venus, was exhi-
bited in court during the trial. Although possessing consi-
derable merit as a work of art, it certainly did not display
any of Titian's rich colouring.
On the part of the defendantevidence was adduced to show
that the picture hail not bees "touched up" or injured
while in his charge, and that the alleged injury was done
by • person whom the plaintiff bad employed to restore
and varnish it. The original picture was at Florence, but
there was a replica in many galleries. A picture-dealer
named Watson said that 12 years ago he purchased the pic-
ture for five guineas end sold it to Mr. Walters for 71.
The jury found a verdict for the defendant.
SECOND COURT.

Sittings at Nisi Prins after Terra, at Gaildhall.—(Before
Mr. Juatioe Blackburn sada Common Jury.)
NON•ATTINDANCR OF JURORS.
Several jurymen were fined 6/. encl., in addition to 40s.
previously a:posed, for nooaibadance.
BUTZ OF TER COURT.

The learned judge, the member of thi her, and the jury,
called attention to the insufferable state of the atmosphere
of the court from heat. Irrespective of the temperature of
the day alternate currents of hot and cold air are pumped
into the court, to the inconvenience of all parties. So
great was the heat at cue time that the learned judge
had to leave the court, leaving orders for the doors and
windows to be opened, in order if passible to improve the
ventilation.