The Express.
London, England, 1862-11-29 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF COMMON PLEAS.

gt►tins ariosi Prins i. Middlesex.—(Before Mr. Justice

Willa; and • °on:mon 'Jury.)

• • ---
me court .at this morning at 10 o'clock, and there were
nsreral cases in the paper, but in cemaequence of the parties
not being ready iu the 'hest one, the record was withdrawn.
The next was tried as an undefended cause, and the judge
and jury having waited for some time in vein, the records
were withdrawn in the other cases, and the court rose before
11 o'clock.

COURT OF EXCHEQUER.

Sittings at Nisi Prins after Ts= at Wistminster.—(Before

Mr. Baron Marka ;,;c1;"60,;;-Jri)

ROBERTS V. ORCHARD.-FALSE 131PRISONMENT.
This action was brought by a salesman formerly in the ,
employ of the defendant, a draper, in Regent-street, to re-
cover compensation iu damages for having been given by
him into custody on a charge of stealing • florin, the property
of his master.
The defendant pleaded Not guilty, and that when he
gave the plaintiff into custody, he bonfl Me believed that he
bad taken the mosey.
Mr. Serjeaot Parry and Mr. Luxton wore counsel for the
plaintiff ; and •Mr. Serjeant Ballantine and Mr. D. Keane
for the defendant.
It appeared that on the Bth of Feb. last the plaintiff had
received change from one of the cashiers, and finding after-
wards that it was short, went back and obtained the addi-
tional sum required. Mr. Orchard, the defendant, then
called him into the counting-house, and having made bim
take oat all the money from his pocket, declared that he had
a florin which he bad previously marked, and gave him into
custody for embezzlement. lie was taken before Mr. Yard-
ley, the magistrate at Marlborough-street, who upon bearing
the evidence dismissed the case. The plaintiff was • silk
rah 'man and had been twenty years in the trade, and he
alleged that in consequence of this occurrence he had been
unable to obtain any employment.
Mr. Serjeant Ballantine, on the part of the defendant.
submitted that the action could not be maintained, as •
month's notice of bringing it had not been given to the
defendant, under 24 and 25 Vic , c. 96, the object of
which, he said, was that in cases of this kind the person
who bad gives the party into custody should have an oppor-
tunity of offering a fair compensation.
Mr. Baron Martin held that the notice was not required.
The defendant, Mr. Orchard, was called for the defence,
and he said that in consequence of complaints having been
made to him by his cashiers as to the plaintiff having said
be received short change, he marked some silver money on
the Bth February, and afterward& he found one of the
marked florins, which he identified, in possession of the
plaintiff.
Mr. Serjeant Parry rid the object of this evidence wag to
prove a felony, and objected to it on the ground of there
being no plea of justification.
Mr. Serjeant Ballantine rid his object was to prove the
perfect bona fides of the defendant in giving the plaintiff
into custody.
Mr. Baron Martin said the bona fides of the defendant
bad nothing to do with the verdict, though they might affect
the damages.
A lad named Mills, a cashier in the defendant's employ,
was next examined. He said that he entered the defendant's
service in November, 1861, and from that time up to the
Bth of February the plaintiff had fifty times complained of
short change. In the presence of Giffard, soother cashier,
he gave the change containing the florin in question to the
plaintiff. (It should be stated that the plaintiff in his evi.
donee said he had only once complained of short change.)
Citified corroborated Mills's evidence.
Mr. Baron Martin asked if the defendant meant to prove
a felony, because that was the tendency of this evideoce ?
Mr. Serjeaat Ballantine said he did not. He relied
entirely upoo the perfect boo& fides of the defendant in giv-
the plaintiff into custody.
Mr. Serjeant Parry said he must then object to the evi-
dence.
Mr. Baron Martin then summed up. He told the jury
that they must assume that the plaintiff was innocent, and
the only question would be the amount of damages.
The jury returned a verdict for the plaintiff—damages
2061.
A bill of exceptions was tendered to the learned judge's
ruling as to the reception of evidence and his summing up.

THE DISTRESS IN LANCASHIRE.-ST. JAMES'S,
PICCADILLY, MEETING.-(THIS DAY.)

This morning a public meeting of the inhabitants
of this pariah was held in the vestry-room,
-for the purpose
of organising the collection of contributons for the dis •
tressed operatives in the cotton districts. The meeting
was presided over by the Rev. J. E. KEMPF., the rector of
the parish.
The CHAIRMAN briefly opened the proceedings, and read
a letter from the Bishop of London, expressing his regret
that his other engagements prevented him from being pre-
sent, and deeply sympathising with the objects of the
meeting.
Lord Swain', M.P., then moved the following resolu-
tion :—"That this meeting desires to express heartfelt
sympathy with the suffering operatives in the manufac.
turing districts, and high admiration of the spirit in
which they are bearing their calamity." They all knew
the circumstances under which they had come together.
Lancashire was starving because the supply of American cot-
ton had been cutoff ,and it was at all eventasatisfactaryto know
that no class or party in this country was responsible for the
calamity which had occurred. (Hear.) He had heard it
urged that the manufacturers ought to have foreseen this
calamity, and to have been provided for it ; but there
could be no doubt that had any manufacturer taken
that view of the case years ago, and looked to
the colonies or to India for a supply of cotton, the probabi-
lity was that he would have soon found himself in the La
Gazette. Ooe great evil of the present calamity was, that 10
no one knew how long it was to last. It might seem a pa- at
radox, but it did appear to him that if there was an air Et-,
solute certainty that no American cotton would come into 76'
this country for the next six months, it would induce par- 10
ties to invest their capital with greater security in obtaining
cotton from other quarters, whereas were they to do so in 60
the present state of uncertainty, a large supply of 11
American cotton might come into the market and frustrate 7t7,
their efforts as well as cause them to lase their capital in cat
obtaining cotton from other sources. As to what had been st.
maid about the amount of the rates in Lancashire, Bt
'as compared with other counties, the rates there It.
at present were on an average of from 10a. to 1.2 a. St
in the pound, and before long there was no doubt they iLL
would be greatly increased, but it must also be taken into
account that the ratepaying power of the inhabitants *
was very much diminished. (Hear, hear.) A great St.
depreciation in the value of property had taken place
St.
tradeamen and shopkeepers were very much reduced, and tll.-
St.
consequently they were not in a position to pay such large
rates as they were before this calamity happened. He 4
•
believed that the wealthy classes of Lancashire it•
had done their duty, but he had no hesitation try
in saying that even after exercising the borrowing it.
powers which the act of butt session rive in rail- 16
bag money there would bo still enough for them to do. A
great mistake, in his opinion, prevailed as regarded the 10.
wealth of Lancashire, inasmuch as much of the capital isg,
which had been realised there was expended in other place'. Sim
They saw it in the splendid squares which were rising up St.
about them here in London—they saw it in another shape 10
in other places, while many of these wealthy milloweers 100
expend their capital in the purchase of large 10
estates in different parts of the country. They *
were not, therefore, to calculate the wealth of Lan- St.
eashire by the amount of the capital which had been Bt.
realised in it. Then, as to the magnitude of the calamity,they 84.
were all aware of the patience and the fortitude with g 4
which the people were enduring it, and while they all no ts
doubt wished that it might speedily terminate, they would ak
also console themselves with the thought that out of evil HA
good might come. St.
Mr. Box seconded the resolution, which was put from the 193
chair and unanimously adopted.
Mr. Loom next moved the appointment of a committee, a.
consisting of the rectortchurchwerdens, Messrs. Elliot, Her- st
risco:4 Church, Harvey, Crane, William Locke, Skay, and E. ist,
C. Roberts, to collect contributions by house to house appli cal
-
cations, in aid of a fuod to be called the St. James's Auxiliary it
Relief Fund for the relief of the distressed operatives. it
St.
Mr. READ having seconded the resolution, it was EL
unanimously adopted. St.
The CHAIRMAN stated that contributions to the amount fp
of 6001• had been already received, and that a further sum S 6
of 500 f. had been promised and was expected to be in hand 2/
in the course of to-day or Monday. tCheers.)
SO
The proceedings then terminated with a vote of thanks to *
the chai,man.

EAST INDIA NAVIGATION AND CANAL. 20
(THIS DAY.)

The third ordinary general meeting of proprietors I
~.Bt4
was held this morning at the London Tavern ; Mr. J.

THOMsotr in the chair.
The report, of which the following is au abstract, was
taken as rem :
The directors have the satisfaction of reporting that, -
nut only has the information obtained by means of the local 1,1
investigations and surveys, which have been prosecuted g
with considerable energy, strengthened the confidence IM
hitherto entertained by them in the soundness and promis-
ing character of the contemplated works, but that, mince the 10
second ordinary general meeting, circumstances of a very 2
encouraging description have occurred, tending to aid ;
materially in the successful prosecution of its nu- go
dertaking. The directors have availed themselves ge
of an opportunity which lately offered, to secure %
the invaluable, though temporary, services of Major- 10
General Sir Arthur Cotton, who embarked for India on the 11
27th of last month, with the purpose of proceeding to ■
Orissa, and of co-operating there with the chief gi
engineer in the fiord determination of the scheme, m
and of the plans to be recommended for adoption. 11
The Governor-General of India, and the Lieutenant- 11
Governor of Bengal (in whose presidency the company will 11
operate), as well as the other authorities at Calcutta, and 11
the local officers in Orissa, have expressed themselves sin- m
rarely desirous of rendering all the encouragement and help g
in their power to further the objects of the company, and
have already given every facility to its represents- I
tives. The &rectors have good reasons for believing that 1
the government are disposed to transfer to the company g
the immediate completion of a canal from Oolaburroih
on the river Hoogbly to the river Roopnarain, a dis-
tance of 12 or 14 miles, lying in the direction
of and capable of being made part of the intended line
of commuoication between Orissa and Calcutta, • large
portion of such canal having been already excavated. The
directors believe that the supply of labour will be abundant,
and several of the principal semindars have expressed
themselves ready to ester into contracts for the construc-
tion of those portions of the works which will pass through
or affect their estates ; and one has undertaken to
supply 10,000 coolies whenever required. There is au
eagerness in the district to take the company's water, when
ready for distribution, at satisfactory prices. To afford fa-
cility to sharehelden to pay upon their shares in advance of
future calls, the directors lately made arrangements for the
investment of all surplus funds in their hands, at five per
cent interest, upon the security of a deposit of India go-
vernment paper. Shareholders may therefore now
avail themselves of this privilege, as any por-
tion of a share will be received. The au-
dited accounts of the company will be printed as
usual at the ordinary yearly meeting of shareholders in
May next • but it may be satisfactory to state here that a
sum of 1042401. had been received on the 30th September
last on account of capital, and that the expenditure in
England up to the sane date, and in India up to the 31st
August last, amounted to the sum of 13,1111., leaving •
balance of 90,1291. in hand."

The CayixAn, io purring it. adoption, observed that,

though this was the third Misting, itrmosi be regarded ei ii
preliminary, there not having been, yet time to draw up any

'Gera] soirees of orrations.andtten proceeded to naapita

'opens._
late the paragraphs above quoted. The iirovince of Orissa was
a series of deltas intersected by numerous rivers, the waters
of which when left to themselves overran the whole country g
in seasons of flood, and the object of the company was to con- I
trol those streams by assisting nature and directing them to I
main channels and using the water in its noun for the irri fM
-
ptiou of the land. The nature of the work would sutli-
Mainly show that considerable time was required for making I,
the surveys and determining the course of the several
main and cross channels. Another object was to pro-
vide a ready and economical means of communi-
cation, by making the canals navigable and where
practicable, the rivers also, and to bring this system of ;
navigation in communication with the sea and with Calcutta.
The works would be carried on in sections, beginning with
those which would involve the least cost and promised
the moat profitable results, and it had bean suggested that
they should commence by forming a canal from Calcutta and
Midnapore. In conclusion he expressed his conviction that I
a scheme so largely beneficial ,to the districts which would
be served by it must prove remunerative to the share-
holders, the effect of irrigation in India being immediately I
to double the value of the soil.
The resolution was seconded by Colonel ONstow, who
considered it a favourable feature of the scheme that it was
not trammelled by any government guarantee.
The report was unanimously adopted.
The retinog directors were re-elected, and the proceed- I
lugs terminated with the usual vote of thanks.