The Express.
London, England, 1849-06-11 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.-SATURDAT.

alreutos v Basco.—Baroas LoaD Ihmum, Ma. harm Parrsop,
• JCL !own= Oomama; Amp Mu Jurnms Etas

THE Quist; O. !ii BAPTIST MISSIONARY BOODITY.—
JUDGMINT . _ _

The question intended for the consideration of their lord-
ships in this case had been brought before the court in the
form of a 'pedal ease, end had been lately argued at some
considerable length by the learned counsel on sect side. It
appeared that the Baptist Missionary Society's house and
premiu, which are situated in the City of Laudon, had been
rated se liable to pay • sewers and paving ram by the Com-
IIIiSSPIIIIIIIII of Sewers of the City of L radon. The society had
denied their liability to be rated, on the ground that the
member of the society derived no ;Mute benefit or profit from
.he occupation. sad that the funds of the society, trues what-
ever source derived, were applied to charitahle and religious
purposes. The matter had been brought before the sessions
held fur the city of Landon, when the Recorder had decided
1 that the rackety was liable to be rated, but bad consented to
the question being brought before the Court of Queen's
Bench. In support of the order of sessions it had been con-
tended by the Attorney-General that there was a beneficial
end prcfitabls occupation, inasmuch as other societies used
the premises in question and paid rent to the Baptist
Missionary Society for them, so that the premises in question
were evidently a source of profit. Tom was also a library
connected with the society and tracts were sold which was
also a source of profit, and, therefore, there was a beneficial
occupation. It wee further contended by the Attorney-
General that the fact of a society being a religious society did
not exempt it from the payment of rater.
lit. Butt, on behalf of the society, had contended that
there was no beneficial or profitable occupation by the
Baptist Minion. ry Society of the said premises, because, al-
though other soc'etiee paid the Baptist Minionary Society for
the use of their rouse, yet the amount received only paid the
rent due by the Baptist Mitelonary Society to their landlord
for rent, and therefore there was no profit made by the mem-
bers of that society.
The Court gave judgment to-day, and after going *malt
the &momenta used on both sides decided that • society like
that of the Baptist Missionary Society wee li.ble to be rated,
and that there was a beneficial occupation of the premises by
its members.—Order of swims confirmed.

BAIL COURT.—SATURDAY.
&Trams to Banta.—Barons Ma. Armes Snowman.
WOEBLAT AND ANOTHIft o. TEA SoiTa DEVON RAIL.
SAT COMPANY.—TWO PARTIAS CANNOT ACT AA UNDIA-
ANNEtir rot VII SAMS COUNTY.
Mr. Stevens moved fur a rule to show cause why an in-
quisition is this ass should cot be quashed. It appeared
that on the 13th of Danaher, 1848, an inquisition bad
been held for the purpose of assessiag the amount of com-
pensation due to the plaintiffs by Melon. Woreley for pro-
perty taken from them by the South Devon Railway Com-
pany. The inquisition had taken place at PI) mouth before
• Mr. Dennis Moore, who acted on that °cession as the
ender-sheriff. The under-sheriff of the county at the
time was • 332. Mark Ksoaaway, who besides being the at.
tansy for {the railway tresrany, was a b
eing the
0,1
and bed mica part in nominating the jun. Upon the 12th
of Desomber Mr. Heanaway appointed Mr. Dennis Moore
M sardea ohs inquiry. The appointment, however, was
mowely a osharehle eon, bemuse it was not possible for Mr.
Moon, whole& mtly been appointed on the 12. h, to summon
a jury to mem the &mega on the 13th. The result was
that, although 1,1171118. bad bent tendered by the company to
Musa Wordraorho lad peeved that they weirs injured to
the atom* of VAL, yet there was only a verdict for 1,11701,
S and therelhee ere bad not merely been an improper inter-
ference by Mr. Mart Kennaway, but there had been two
andeleskeriffs sating for one and the same county, which
was astray to law. Under these airamatences the loaned
conned now sahmitted that be was entitled to show cause
wthe isquisitica 'build not be quashed.
The own granted • rule aid.

COURT OF COMMON PLEAS.--SATURDAT.
Emma or Harm
SMITH V. TEoErsom—DxsmiesiL OF A CLIME rots
DISOVIDIMICE se Ononu.
'This was an action of sesampeit tried before Mr. Justin
William in 1(141k..'. brought by the plaintiff against the
defendant for wrongfully Minimise him from the employ-
ment of clerk before the nO4 et engagement was expired,
to which the defendeat pleaded thnt the plaintiff had wrong-
:lVimproperly eppeopriated moseys remitted to him for
pummel to dlte payment of his own salary, and
on each ground justified the dismissal. At the trial it ap-
peared that la September, 1848, the plaintiff entered into
the defendant's serries as a custom-hour and shipping nest
at Southampton, at a salary of 1201 for the fire yes?, after-
wards increased by • subsequent agreement to 1501 and 1801.
or two mere years, and also 50 per cent. on the roes profits
of business to be newly introduced by plaintiff. He was die-
named by the defendant on the 13th of Aumpt, 1847.
l'rr rims to that plaintiff had repeat dly applied to
defendant for payment of a portion of his sa-
lary they dee, and nothing a letter *AK
defendant, la which was remitted 1001. " for beahmes per
" plaintiff' appropriated 301. of it to payment of his
own salary. A lengthened ourreapondene• was pat in
and other evidence Oven at the trial, in order to
show "business prows " could not have been miller-
stood by the plaintiff to have {minded the payment of
his own salary. The leased judge leaving it to the jury to
my what yea meant by business purposes, directed
theta that if the plaintiff had acted wrenefelly
and wilfully, contrary to what he reasonably believed
were the instructions meant to be 'Gavial by the letter,
they would find for the defendant, hat if othprojes then for
the plaintiff. The jury found for the plaintiff, damages 1881.
A rule for a new moal on the ground of eitivii,e ^Mon, that
the verdict was contrary to the evident*, and the damages
were evasive, having been sines obtained Kr. Sedum
Ryles and Mr. Edwin Jame now chased osase against the