The Express.
London, England, 1860-05-23 00:00:00

COURT OF COMMON PLEAS.

Sittings in Banco.—(Before Lord Chief Justice Erie and
Justices Williams, Willes, and Byles.)

WALE r. TH WEXTMINSTER PALACE HOTEL COMPANY.-

OBSTRUCTION OP WORT.

The plaintiff in this case, by his declaration, complained
that the defendants, by the erection of their hotel had
darkened some windows in premises belonging to him,
and the second count alleged in effect that the
Westminster Palace Hotel Company's Act incorporated the
Lauds Clauses Act; that the plaintiff bad claimed com-
pensation in accordance with the provisions of this latter
statute, and that he had claimed MY. for compensation in
consequence of the defendants having neglected to summon a
jury to assess the damages in accordance with the Lands
Clauses Act. This second plea was demurred to, and the
question now was whether this demurrer was good in law.
The Lord Chief Justice, in giving judgment, said the
court was of opinion that the Westminster Palace Hotel
Company's Act did not incorporate the provisions of the
Lauds Clauses Act. By its express provisions it was not a
public act, its object being to give priority over certain
other rights to the company's lease and the
act was more in the nature of a private estate
act, than of an act intended to incorporate the provisions of
an act applicable only to the obtaining land for public Fir-.
poses. The plaintiff, therefore, was not entitled to proceed
under the provisions of the Lands Clauses Aot, his proper
remedy being by an ordinary action at law.
Judgment for the defendants.
(MILLET r. 00D-DEEM.-THE GREAT BILL CABE.
_ _ _

The facts of this case have been already fully before the
public, and it is therefore only necessary now to say that it
was an action against the ambassador of the late King of
Oude in this country to recover the amount of a bill of ex-
change for 6,5001., and that at the trial before the Lord
Chief Justice the jury found a verdict for the defendant
upon a material plea.
Mr. Justice Byles, in delivering judgment, said that a ride
had been obtained to enter a verdict for the plaintiff, or to
have a new trial, either for misdirection, or that the verdict
was against the weight of evidence. The jury found that
the bill was tainted with fraud in its exception ; secondly,
that Mr. Roy, as attorney for tho plaintiff, received it under
circumstances that amounted to notice of the fraud ; and,
further, that the plaintiff himself had no notice of any fraud.
On this finding his brother Keetiug and himself had collie to
the conclusion that they ought not to allow the verdict to
stand either for the plaiutiff or for the defendant. They
were not satisfied that the knowledge of Mr. Roy was found
so explicitly by the jury as to dispose of the question ; and
therefore there would ben new trod upon this ground. It
was, under the circumstances, winecesarry to advert to the
grnuuds upon which the rule was moved, aud, as the case
most go down to another trial, it was better to abstain from
any further observations upon it.
Rule absolute for a uew trial.

OILEI C. HOLUEN.-PATENT CAPE.
The Lord Chief Juntice delivered judgment in this case.
and, after going through the various points, said [lust all the
objections to the ralioitv of the mitont, which was for cer-
tain improvements in the construction of cirriage doors,
failed, and it win therefore unnecessary to consider certain
other points which had been raised.
Rule discharged.

EXCHEQUER CHAMBER.
Sittings in Error.
The Lord Chief Baron this morning announced the sit-
tings of the court this term am follows :—Wednedsy, June
13, for errors from the Court of Common Plea, , on Thurs-
day, Friday, and Saturday, June 14, 15, and 16, for errors
from the Coart of Queen's Bench ; on Monday and Tuesday,
June 18 and 19, for errors from the Court of Exchequer.

I

Col Ula OF EXCHEQUER.
1... c,. io Basco.—Mame Lord Chid Baron Pollock,
awl Name Mamie, Bramwell, and Masa)

TNT EARL OT DIYOLLT r. LUX IT.
v, Vaud said this cam had been before Mr. liaresWffele,
who had referred it to the mart, without er•
,pinem in reference to it. The application was
rule uuo to appeal against the theimioa of this court
„ ..e kat term. The four days' tonna notice
.Ispeed before giving notice to the
0. J....pi:6441 to amend the pastes with Deference to the
0.„,,A, sloth wee drawn is • particular lone, The action
on • leans of the Open Home, to recover
three. uarters of a rear's rent, sad was tried
Fe.nure Lot, Onik111•11, Wore Hie Loud Chief Baron

, when a verdict Ina retiersTel
he pleintit A op/adios was mind at the
iolative to the a&mismilmaity ed • ilhatelied
•lokb was reviewed far the *saw of the court,
, Imo, to the defendant, spinet wham the ver-
, to wove the court. The =pike fore Me
. e mew trial was wade is April Irk whoa the evert
ol the apple:stew. It was spinet that refusal that
• olofisoisnt wished to upped, but, tbroegb the is.
nos e of the attoesey u sot Orin the sores-
. 111..likl) in writing, be waii chborred be.. &Wag
. *About the perimiimios cd the ann. The 37th
of the Comonise law Proesamrs Act of 1884
, that so appeal should be allowed, makes 'Woe is
s bees styes within four days after the decides
oopteised of, ur ouch farther thee as should he
,er.l by the court. The Ameisios was gives ea
17th April, and redid adios bad bees given
~ tee, • the atterarys' dirks, bat sot in writing
. mluirwl by the met. A Menet question armee
the grid to itbS4 which bad be., mimed ce the demurrer.
0, es. the advmiesibility of evidence mad the other the
, 4.4 id the validity of a ceacelled deed.
The Lewd Chid Bona maid that by Rawl* the.oPT"-
t.e eppmared to him tb• mart would her sdipiyhig
The defendant had a right of appeal es the desiarrar
ol elm not prosecute it
Mr. Slated geoid the defeat/int had bees advised that the

..yowl awl& wao tle Mt way of brimless Use two pasts
two the court.
file aim gnats&
Mr. Mari ties applied to amend the paella
TM Lard ('boa Dana .aid tbat rated with ha as the

zA who trawl alai am,. wad sot with the tall mart. He
1 take liar Alp licata.% as aanamasa is ►is private room.