The Express.
London, England, 1862-02-07 00:00:00

(Stamped, la. Additional.)

LAW INTZLLIGEN OF,

COURT OF QUERN'S BENCH.—Fmr. 6.
Sittinp at NMI hies .t Westminster.—(Bekee Mr. Justice
Blackburn and Special Juries.)
The court was occupied during the greater part of the day
in trying two cottons—" English v. North Loadon Railway
Co®pany," and " English, Administrate., v. North Loa-
! don Railway—by which the plaintiff, a japanner by trade,
I 5t to recover compensation in damages for bodily in.
sodaied in consequeese of the sermons railway acei,
which happened at Kentish Town in September last,
and also for the loss of his wife, who was killed on that cc-
, mike.
Hr. itorirrint shoe, Mr. Smiseet Ballantlim, and
P. Lewis, were counsel for the plaintiff, and Mr. Bovill and
Mr. J. Browne for the defendants.
The trial had Dot concluded when the court rem.

COURT OF COMMON PLICAS.—FIB. 6.
Wimp at Nisi Pries in Iliddkeac.—(Betare Lod Chid
Justice Erie and a Special Jury.)

- SPECIAL rewrote' FW.
Upon one of the Cases marked far trial by a swig jury
being called os,
Mr. 11. Chambers said it had been agreed to refer the
Vto arbitration; amid ander the Minima Law Pre-
ure e
Act the parties would be glad if hialordeltip without
the suietasce of the jury would give tee formal verdict.
His lordship, however, intimated his opinion that the
jury shoal be pilid their fess ; they were often fined 101.
0,64 if they did rett attend, and when they were prier:at
they ought to receive what the law contemplated they
should have.
Upon this istimatin the jury were celled, end baviag
given a formal verdict were paid their plum
.8121= Wks,
OAKLEY r. OODDIZN.—TH/AIOULVTeS CAST.
In this ogee a rule was granted thirother day to allow the
defendant to take the ease down for trial at the next Loader,
1 sittings, subject to sufficient cause being shows to-day to the

• .

elrrliaceamara now appeared to show emus ; and Mr.
lederveick to support the rule.
Mr. Justice Williams thought that the rule already
granted should be reeciaded, Incense there had been no de-
fault on the part of the plaintiff, and consequently there
was no power to allow the defendant to take down the cause
by proviso.
Till GLUT CISTSAL OAS oossamiate COSPANT O. CLASS.—

GAB QUIIIIITION Ut THZ CITY.
Mr. Justice Willis, in giving judgment, said that this
was a cam of such importance that the court had allowed it
to stand flint to-clay for argument, out of its order, and the
same reason which bad induced the court to grant this, now
also hawed them to think that if they had arrived at •
clear opinion upon the construction of the statutes they
ought to pronounce that opinion at once, and thus not to
hamper any proceedings which it might be thought neon-
' mry to take elsewhere. The court had arrived at such •
decision. The question mew in this way. The metropolis
was supplied with gas by • great number of gas womanise,
man Of whom competed with one another, especially upon
the boundaries of their &athlete, and thaw companies were
regulated by • variety of acts of parliament, which were
not oonsiatent with one another in their provisions with re-
spect to the particular matter under discussion, the prim
to be charged. The plaistiffs were bound to supply gas of
• certain quality at the prim of 4e. per 1,000, other com-
panies were allowed to charge 55., and upon other com-
panies there was no limit as to price, the gas being sup-
plied like an other article that oame into the market, for
what it would fetch. Before the act of 1860 was passed,
the companies appeared to have agreed that it would be
better to cease their expensive competition with nee
another, and that each company should confine itself to
certain limits defined in the act. One of the provisions of
the act was, that • certain sort of gas should be sup-
plied by the companies which came under that act ;
• and the standard was higher than the plaintiffs
were bound to supply under their act of 1851.
It would not be unremonable to lad that the com-
pany was authorised to charge more for the superior
than for the inferior article *high they were to supply
under their private act. It was true that the communes,
under their act of 1860, obtained • better employment for
their capital, by escapiug competition, but that arose from
the agreement which they had been reasonable enough to
make with one soother, and it would be hard if they were
made to pay to the public something for that benefit. His
lordship &ft went the clauses of the acts of
1861 and 1880, end expressed his opinion that the latter re
pealed the clause in the form limiting the ohms. tO 4a.
per 1,000. He did not assent to what was laid down by Sir
P. Dwarrie in his book upon statutes, that • statute could
only be melded by express wows, for in his opinion it was
sufficient if the subsequent statute by neomeary implica-
tion repealed the former act. Having given the best roe-
sidemtioa he could to the matter, he was of opiate that
the true construction was that the plaintiffs were entitled
to recover at the increased rate of 4a. 6d. per 1,000 feet.
The other judges concurred.
Judgment for the pkiintiffs.

EXCHEQUER CHAMBER.-.-143. 6.
Sittings in Error.—(Baba Lord Chief Justin* Cookbirn,
Lord Chief Baron Pollock, Justices Wightman and Cromp-
ton, sad Barons Broomall, Manna, aad Wilde.)

THE BISHOP or auras YABBRALL.
This was an appeal from the decision of the Court of
Common Pleas. The Rev. Mr. Marshall, it appeared, bad
been seined of the vicarage of Trepoy, in Cornwall, that he
prevented himself, and was instituted, and it became
vacant. He then presented Mr. Read, whom the Bishop of
Exeter refused to institute, on the ground that Mr. Read
had net been ordained in his diem*. Mr. Read at that
time was a clerk in holy orders, and came from the diocese
of Maecheater, and wholly unknown to the Bishop of
Exeter. The bishop contended that Mr. Read had not pro.
Mused sufficient letters commendatory according to the law
of England; but he brought letters commendatory from
the Bishop of Manchester, which the Bishop of Exeter
held were not such according to the ecclesiastical law, and
he required further letters rsoommemlatory from the Bishop
of Manchester, and letters commendatory were then pre-
sented to the bishop, sent by three beneficed clergymen, in
favour of Mr. Read, and that he had not taught anything
contrary to the doctrines of the law of England, and the
Bishop of Manchester sent • memorandum, stating that he
knew of no reason why Mr. Read should not be instituted.
The material question raised was whether the Bishop of
Exeter. who hail not ordained a clerk, bed a right to ask
for letters commendatory from the bishop of the diocese
from which the clerk came. The Court of Common Plass,
after hearing the arguments of counsel, which occupied three
days, decided that the Bishop of Exeter bad not that right,
and gave judgment far Mr. Marshall.
Mr. Kerslake, Q.C., and Mr. Montague Smith, Q.C.,
were counsel for the Bishop of Exeter. Mr. Coleridge, Q.C.,
end Mr. CoUier, Q.C., for Mr. ldiirehell.
Mr. Kerslake, haying been heard on the point that those
were not proper letters commendatory upon which the
bishop could institute Mr. Read, was proceeding to argue
the wood point, that a clerk was not to go tremens diocese
to another with letters commendatory, when
The Court interrupted the learned counsel, and observed
that, as they were against him on the first point, it was
unnecessary that he should argue the second. The Court
were of opinion that the judgment of the Court of Common
Pleas should be affirmed.
Decision affirmed accordingly.
TBB YBBBLT DOCILE AND HARBOUR BOARD r.
In this wee the court affirmed the decision of the court
below, with the consent of the learned counsel, in order
that it might be taken to the House of Lords.
cOtvii.hi V. THZ LONDON AND NORTH WESTERN RAILWAY

COMPANY.
This was an appeal from the Court of Common lime, in
which they held that the defendanta were lista° for the
low of a ease of perfemery, valued at 11.
The Court affirmed the &einem of the court below.

COURT OF PROBATE AND DIVORCE.
Fn. 6.
(Before the Jodge Ordinary.)
VIM 8111EDDVel5 CASS.

---
Just before the rising of the court, Mr. Collier, Q.C.,
moved that the snit of Sliedden r. the Attornuy•Goneral
and Patrick might be revived, with a view to proceedings in
the House of Lorda ; and after a short conversation,
The qusetion was adjourned till to•morrow (ilia day).

•
The statue of Dr. Jenner, of small-pos•vaceina-
tion celebrity, bee been removed to Kensington-gardens. It
is placed on a new pedestal in the vicinity of the stone
bridge spanning the Serpentine, on the Bayswater side.
This status, it will be remembered, was some time ago pro-
moted to • distinguished place neer the Nelson Column in
Minicar-aquae.
ROYAL NATIONAL LlrzeoA? INSTITCTION.—Yes-
terday a meeting of this institution was held, at its house,
Johneitreet, Adolph' ; Mr. ThomesChaminn, is the
chair. The following rewards for suocen by the institu-
tion's lifeboats were conferred :-121. to the crew of boat
stationed at Esatbounn, for putting off and rescuing nine
men from the torque Druid, of Sunderland, which wee
wrecked off FAsthourth, on the night of the 12th ult., dar-
ing a heavy gale of wind. The Lytham boat succeeded in
bnogiog safely to port the schooner Chauce, of Penton,
which, during *ganef wind and toga weather, had stranded
on the Horse Sandbank, on the 17th ult. 81. to the MOW of
the boat at Dundalk, for assisting to bring the schooner
Rook, of Liverpool, to a port of safety, on the Eight of the
16th ult.; she wee famed thumping on the sandbanks on
Dundalk Bar. 41. 10s. to the crew of the Tyrone (Dumb=
Bay) boat for rescuing the master of the schooner Bellow.
of Liverpool, which during a heavy gale of wind was
wrecked m I)nndrum Bay, on the night of the 17th ult.
71. 10s. to the crew of the Southwold boat, for rescuing the
crew of five men from a smell boat belonging to the schooner
Princess Alice, of Ipswich, which during strong winds and
heavy sees had sunk on Si swell Bank, on the night of the
27th ult. 121. to the crew of theCerdigen boat, for rescuing
one man from the brig Pioneer, of Carearven, which during
a terrific gale of wind was found, on the 23rd ult., in a dis.
mantled state in Cardigan Bay. Further rewards, amount-
ing to 511,, were likewise voted to the crews of lifeboats
belonging to the institutioe, for putting off with the view
of rendering assistance to vessels in distress, which did not,
however. require their services. A letter was read from
the Lords Commissioners of the Admiralty, granting per-
mission to officers and men of the navy to wear the medals
presented to them by the institution for their intrepidity
in moving life from shipwreck. During the pest month the
institution had established a lifeboat station et Kinpgate,
near Margate. Another was about being inaugurated at
Plymouth. Payments, amounting to 5301., having been
mad* oe various lifeboat establishments, this prooeedinp
terminated.
ROYAL FREE HOSPITAL, GRAY'S-INN-ROAD.—The
annual meeting of the governors of this hospital was held
yesterday, at the hospital, Grey's-inn-road, General Watkins
in the chair. Among those present were the Rev. J. B.
Owen, DT. Meriden, Dr. O'Connor, Mr. Gent, Mr. Phone,
&c. It appeared that the receipts of the charity during the
(Before the An pest year had been 5,6021., which had enabled the cum-
Maw Johnson. alias Alfred Weston, 24, and Wahines mettee to clear off the balance of a mortgage which weighed
Lucas, 214, were indicted for stealing :Ms., the monies of on the resources of the charity. The hospital was rapidly
John Reiner • for stealing in the dwelling-house of William emerging from debt, end the committee oonfidently depended
Wootton a bei, a ring, and 101.; and for steeling a cash-box upon making a large said= to the accommodation for
and 1101. in money in the dwelling-house of James Austin.
Mr. Orridge prosecuted for the Association for the Prose- pstieutt during the present year. Nearly 100 beds had been
for the
entice of Swindlers, Shoplifters, ke.; Mr. Best was kept constantly occupied during the year, which had
s
enabled the medical onions to admit into the wards 1,015
defence ; Mr. Warned was solicitor for the pronmetica. diseased Perilous, bead's 173 ones of severe acallete,
These it appeared, were connected withmule, reeking a total of 1,190 in-patients, in addition to which
'ping of tOM, ead hid committed innumerable robberies in
this way. They drove up to tradesmen's shops with a fen- patients, besides the number remaining on the books
60,496 of the destitute sick poor had been admitted as oat-
....*.mbliess end dogcart, sod while making some small at the close of the previous yeer. The number of persons
stole the cash-box or the till. They drove up to attending end requiring advice sod medicine had been no
=tie's, 57, Peddingtonttreet, Maryleboes, in July less than 149.015. The report having been adopted, the
LA, and LOMA purchased a email quantity al pees tea.
ociannittes of emesgenseet
Inter in the day Leese celled *gen, end asked far some a vote. of that," PalNpassedt 4 the P office
re",n
the P elec
roceedinnd
gs
mid re-ted, a
timer-breed ante, Mr. Austin wee then slowin the shop, terminated'
sod senpi.ieit LOOM ths• woes to ob. Amp au& muoud. Yesterday Mr. Superintendent Hewitt, of the
and, coming back, said there wee a " gent" outside in a Liverpool fire brigade, was severely injured by falling into
chain who wanted him. The men in the chaise was the the cellar of a house in Oreekstreet, whither he had gone
prisoner Johnson, who kept Austin in couvereetion, and to assist in Putting out a fire.