The Express.
London, England, 1860-12-06 00:00:00

iLaks butlksenct

COURT Of QtrEEN;S BENCH.—Dac. 5.
Sittings et MI Prins after Term for lliddleses---Onsfere
the Lent Chief Justice end epeeist Juries.)

I!GINA V. 11111 Z
_STRAND BOARD OP WORLD.

ThL..7.-;;;l.;.",;7iiings.—;ltiofaTeienk tiii-anUndainua,
and the question to be determined was whether the street-
way in that part of Oxford-street betimes Wirdourdtseet
and Tottenham-court-road is within this ,ille=riss the
parish of fit. Anise, Bohn. If to, then die te kakis
the Marylshone reedy for the paring wellnkkg of the
part of Orfordetreet thus epoisikeL The pakit of Si.
Ana*, Bohai, under the Ifetlle Local Maargament Act,
is attached to the district under the control id the Bind
Board of Works ; but the contention of the scat is that
both by the keel act of 1771, the 10111. of Use. IIL and the
evidence eappliel by the rate books and the peaddel amps,
the boundaries of lit. Anne's an mil to etbsed to
middle of the street or roadway of Oxford-street. 1
On the other band, the parialikeers of St. Anne's
maintain that the limits of the parish were de-
fined by the 30th Charles IL to anteed no further than the
line of helloes cm the south side of the Tyburn-road, now
called Oxford-street, sad that therefore no part of the parish
is within the Marylebone district. And to prove that that
had always been the received interpretation of the act of
Charles, it was proved that to bakes the bonds
the beaters had elways draws the Ike aims the
front of the harem and not toadied the window,. A mete
local act obtained by the vestry of Marylebene could not
over-ride an ancient public act ; nor are the parishioners
of St. Anne's to be governed by the seta of the Marylebone
vestry either in the striking of rates or in defining the
boundaries which the beaters shall traverse.
Mr. Edwin James, Q.C., pointed old that the section of
the act of Charles included the homes abutting the street
with the grounds attached. If that were so, in all likelihood
part of what wee now Orfordeltreet mast have been em-
braced by the parish of at.. Ante's, sad that would milks
for the vestry.
It was thee speed that as the queeditei at issue was
nearly al one of law, his lordship should direct the
jury to for the vestry, giving the defendants leave to
move on the
yt& round that the kcal act of George 111 could
ace as i the older act of Charles 11.
Mr. James, Q. . flerkaat Petereforff, and
Mr.r. /Leans representedefenisd the
ata plakiillis ; Mr. Bovill, Q.C., and
M Mlismara the

SIXBIL r. SPRDIGIPIELD asp MIAS.
This was an action in definite for detaining 56 balsa of
thrown silk the property of the plaintiff.
Mr. Edwin James, Q.C., Mr. Lush, Q.C., and Mr. J.
Browne appeared for the plaintiff ; Mr. Swill, Q.C., and
Mr. Holland for the defendant,.

The plaintiff, Julius Siebth is a manufainger rd chemical
produces at Barmen, in the Rhenish sad
Undone are silk brokers in the City,with • at Norwich.
Amoing others thedefendants haddealinge Rudolph.,
Jung, and Co., silk merchant., at Paris, end these were to
an mange amount, equal to from 105,000 f. to 150,0001.
annally. In February, 1867, Jung and Co. purchased of
the dale:Wain 56 bales of silk, and not loos after the
plelntiff laving eons to Paris saw Jung and Co., and re.
porchusd from them these 56 bales at the rate of 261.
pound, the purchase money amounting to 11,041. 17s. 10d.,
which was paid by bills. In the course of a little time
Jung and Co. failed, and then Springlield and Co. refused
to deliver up the silk to Siebel, on the ground that they had
a lien upon it on account of advances made to Jung and Co.
Now, the plaintiff's couteution woe, that admitting the lien
of a factor upon goods in order to oover adman whisk he
might have made, still in the present cam Spaingisld abd
Co. had eompletely waived that lien by acknowledging
tin they held the milk for the plaintiff, and by exospting it
from the amount which they delivered on the bank-
ruptcy of Jung and Co. BceideemdWpsinseleld sad Co.
had dew Paid the silk without which was a dis-
tinct violation of their engagement Jung and Co.
After some corresponding Yid Slim pot in, ft wee agreed
the jury should And for Ile subject to a reference.