The Express.
London, England, 1860-11-23 00:00:00

COURT OF QUERN'S BRNCIL —Nov. 22.

Mains in Buser,. —(Bef ore the Lord Chief Astir', Mr.
JilfAiCAI Hill, and Mr. Justice Blackburn)
II PAM witr.ux muirrr, A PRIIIO2I3i IX Till QUillea

la usurer to an application of Kra. Cobbett on behalf of
bar bua)*ud,
The Chief Jutioe said that all the judges were
agreed that • writ of habeas corpus ought not to hum
to order that a pima«. might be brought up to argue •
rule to set aside a judgment; but the court was quite
willing to grant the writ, in order that Mr. Cobbett might
be discharged. Than when Yr. Cobbett wan before the
court it would be to him to argue the other question.
Subject to that 0, Kra Cobbett's application was
granted.
It was then agreed that Kr. Cobbett should be brought
up on Saturday.

AND AVM= v. TUN LONLX)I AND NORTH

lIWITXPJ 1811.1Vai OOMPAJIT.

This was a oar tried butane the load Chief Joan, at
Gagdhell, in February LA when a wordlist was friend for
the plaintiffs, subpart to bare mewed to the defeadenta
It was an action brought by the mums el a mend said
the New Zealand, feu Within sembdned by the mud when
leaving the Tyne Death, of whisk the eempsey are proprth
ton, and whkh were aimed by the ship getting Azad apes
an artificial lath of earth and Mese which ran soon the
entrance to the dock, and which bed been constructed for
tbe purpose of preventien the water from Bowleg from the
beau auto the dock whilst the Litter was in process of
formation. The plaintiffs are shipowners at North Shields.
I and in the mouth of Yank 18Ith they hod laden the New
Zealand, a venal of about WO test' with mole for the port
of Aden. The nod belEady to den coo her voyam
I the usual DOIiNI MS to the harbour-master, who
reprenuted that epos 19th the New Zealand might
safely pmceed to sea. Atoordionly, upon the sfairsooia et
that day the venal left her mouriap, being towed out of
duck by two steam tugs, and hermit on board three pi/Mu
However, mac* had she got two-thirds ammo the buds
°abide the duck sad in the direction of the river when she
grounded upon the artificial bank or dam above referred to,
sa 100141.1114 obi& mated in her breaking bee back.
The specific charge apart the mummy was, that they
had upeued thedecks too soon. The docks were opened for
traffic upon the 3rd et March, and subsequeotly to that dote
the *runway bed employed dredging machines to remove
the beak, which they must here -known they had not suc-
ceeded is doing spun the 19th. Nevertheless the captain
was seemed he sa leave the docks upon that day with
the WWI Whig sefety. The New was the snood
vessel east_
bad let the docks. _

The defense that the plaintiffs were the authors of
the misfortune. They had eat proseded op the Loin by
the right akennel. and hones they got into shallow water,
sad um the loth At the they inetent of leaving the
dock and Worthy the begin the beather-muter bad shouted
out to the eaptain to
bare„ port Ide ben," which had he done
the ship would gone mere to the eastward, and thus
avoided the accident But either tome he had neglected
this warning, or became the ship through the fouling of
her chaise would not obey her kelm—more probably the
latter —the ship drove epee the bank.
The yary4 tL4.2ieir,mr found that the company we
guilty of list, in opining the docks for kaMe
before the of the ridge been removed ; and
eniondly, leaving• width et 70 feet only in the chased be-
tween thiiittiee and the lack gates. But they found farther
' that the as board knew the Mate of the dock. Upon that
Bed* Lord Clue( Junkie gave leave to the de-
fendants to nom Accordingly in Fester term a rule nid
having bees obtained to enter a verdict for the defendants,
or fora new tefal as the pound of the verdict having been
sown madmen it sae on to be argued to-day, namely,
by Kr. Bo ill, ,114. Moiety, Q.C., and Yr. Clemby
an behalf of the piehetifft; and &rl,. Belly, Mr. 8. Temple,
end Mr. Male on behalf of the aseopeay.
The Lord Mile Jordon odd, in &thriving judgment, tint
with reord to the pert of the tale which we founded on
the verdict being Naiad evidence, be felt bound to say
that although the oantlict of evideacewas very considerable,
he entirely concerned he the verdict as attributing nigh-
genre to the mummy. As to how far the foaling of the
chains might have contributed to the saddest, that wee the
province of the jury to deinemina, end the jury bad de-
sisted the plaintiffs had not contributed in any material
degree to the accident. As to the remainin question,
aseeely, whether the knowledge of the pilots oa board could
be taken to affect the plaintiffs, it was not ceocesary to do-
; termine that. For even supposing the point .decided &Mir-
! natively, the pilots mint have been shown to have bees
guilty of grow negligence, and to hare proceeded without a
noonalile degree of caution.
Mr. Junkie Hill and Mr. Justine Blackburn concurring
The rule was discharged.

COURT OF COMMON PLEAT—Noy. 22.
Sittinp in Banoo.—(Botoro Lord Ode Judas Erie and
Justices Byles and Xsatlng.)

r, V. PARLIOB.

This was en appeal from a decision of the Justices of Brit-
port. before whom the respoodeat had been summoned,
_pm the charge of having trespeeeed upon land known as
INI Vragg's Close la pursuit of game without leave of the sp-
pelLint, who meted the land. The respondent stated Wen
the magistrates that he had gone upon the laud by leave of
the Bev. Yr. Comptcsa, who had made an ernkagemerse
with the Berl of fileadivich in reference to the shooting.
There was, however so evidence produced to show that
the sad bed am, right to the land, or that the respondent
bed & speets.lbeeea. The magistrates were of opinion
that a question as to the right to shoot yes raised, and
that they hod so power to determine it. They therefore
&mimed the infeamotica, sad their conduct it doing so
was appealed eipsiale. The appeal wee heard a few days
ago, and the smart now delivered Judgment
The Lord Chief Justice said that, as the court under-
stood the facts, the 'notices had &mimed the summons
became, in their judgment, the question of title wee
raised boa& fide, and they thought that they had en
to deride it. Upon the same mvuod the smut asrmad
their decisive. The facts, however so to miring the
question of the title were exceediaey suety, and it would
Leer been more satisfactory if it had beim slated in what
way the FAA of Sandwich claimed the shooting, whether as
lord of the wow, or otherwise. Whether the qualities a,