The Express.
London, England, 1860-11-06 00:00:00

BAIL COURT.—Nov. 5.

Sittiap at Nisi Pries.—(Before Mr. Justice Crompton and
a Consmca Jury.)
WOULIT e. HOLNII.—ACTION ON • BOND.

This was an action to recover the rum of 6001. on a bond.
The defendant by his pleas denied the legality of the bond.
Mr. Serjeant ghee and Mr. Turner were counsel for the
plaintiff; Mr. Hawkins, Q.C., and Mr. Cray were counsel
for the defendant.

Ie coesequence of the pleas throwing the proof of the
ease on the defendant his eves was entered on fun. It
appeared from the defendant's case that in 1856 • poem
named Ricks, trading ass merchant in the City, and also
at Rangoon, suspended payment, and with a view to save
the =prone of a bankruptcy a deed of competition was
drawn up sad agreed to, and that the business should be
coatinueli under inspection. The plaintiff was one of Hicks
maces, bet behind the back of the other creditors, as it
was allspd, he refused to sign lakes he was paid down 3001.
ia cash, and had bills given him, • further cash payment,
and also • bond for 5001. to secure the balance of 250/.
which would then be doe to him. The conditions were
oomplied with, and th e defendant and another person joined in
the hoed for 5001., upon which this action was brought.
The plaintiff, however, contended that the bond was given
fee • different consideration than that stated by the de-
fendant, viz., to secure the repayment of 2001. which bad
been paid into court on another action then pending against
Hicks.

After beetiag the irides" whisk wee etelietiot,
Tbajgtry fool • ending Ihe the aderimat.

COURT OF COMMON PLEAS.—Nov. 5.

Sittings in Baneo.—(ldisisee Lord Chill Justice Erie and
Justices Williams, Byies, and Keating.)
HOOPILE r. SIDI ICIDLAND RAILWAY CONPANT. —FAUN
DITSIMONNIST.
This was an action to recover damsges for false imprison.
ment, and at the trial before Mr. Justice Blackburn the
Jury found for the plaintiS—damages, 60/.
Mr. Bovill, however, now moved for a rule for a new
trial, upon the ground that the verdict was clearly
grand the evidence. The plaintiff had been in thelservice
at the railway company as carman, and whilst with them
his business was to take Amp of goods from the Castle and
Falcon to King's-cram The practice of the Midland Com-
pany was to have everything weighed before it left the
Castle and Falcon ; and on one comical some boxes of
oranges, which the plaintiff had takes to King's-cross, were
found 131ba. short in weight. Four of the boxes were also
found damaged, one of them being broken, and the other
three bad the laths on the top somewhat loosened. On ex-
amination five or six oranges were found wrapped up in '
paper, and some others were behind a door, where they
could not have rolled by accident. The plaintiff's pockets
were noticed to be balky before he left the station ; thong\
they were not so when he returned. Under these circum-
stance* the plaintiff was given into custody, but the jury
acquitted him. Thereupon he brought this action, and in
answer the company had
that some of the oranges had
boss stolen, and they had reasonable ground for suspecting
the pisintiff. The jury, however, found that there had been
no felony at all. The learned counsel now submitted that
tie company was bound in duty to the public to
give the plaintiff into charge under the circumstances,
sad further that the evidence was clear that somebody or
dim lag stolen the oranges.
The mart took time to eemit upon the Matter.
WILSON A TO! LANCANIUNS AND YOINSWIIN SAILWAT

COMPANT.•

OF 000IXI.

Mr. Rdwerd James said that this cue had been tried
before Mr. Baron Wilde, at Liverpool, when the jury
found for the plaintiff—dummies, M. The action arose out
of the following circumstances :—The plaintiff is • dmper in
Cumberlead, and on the 14th March last he purchased of •
manufacturer at Huddersfield about 2001. worth of cloth.
The goods were forwarded to the railway, but from some
eases or otherthey were not delivered to him until the 10th
Aprll, and thereupon the present action was brought, the
=alleging that in coosequence of the detention he
at the profits of the
=season, amounting to 1001. The emboli. however, was for • rule to reduce the
Mto • nominal NIM, upon the pound that the
&amps claimed were too remote to be recovered from the
meopeny. Another point was that the plaintiff by buying
ether geode when he found hie own were not deliveried in
=time might have prevented any damage from the
the mama.

Bile granted.
POLK V. CITCOVITCH. —LS AVISTRIAN TENIEL DVIILIG MI

LAT 2 WAR.
The plaintiff is a merchant in Loudon, and the defendant
is the captain of an Austrian vessel, which in November,
1858, was chartered by the plaintiff to load a cargo at
Ilavannah for England. Another condition endorsed upon
the charterperty at Havannah and lamented to by the de-
fendant in consideration of an additional freight, was that
he should go from England to any one of certain
porta named, one of which was Copenhagen. The vessel
arrived at Falmouth in June, 1859, and on the
28th of June the defendant received orders to
proceed toCopenhagen. (The defendant, however, had beard
than French cruisers were off the Lizard, and that if he put
to sea his vessel would probably be taken, and he therefore
answered by telegraph, " I cannot proceed to Copenhagen
with ray ship under the Antrim flag ;" and on the 29th he
wrote mare fully explaining that he could not undertake
the voyage without considerable risk of capture,
that be did not refuse to go anywhere he
MO ordered to go es soon as the navigation was
tree, but if it was really wished that be should proceed to
Osposbasaa he asked the plaintiff to imam or guarantee
his skip sad tenet telly, and be would then go at ones.
Is this way the defendant remained at Plymouth for three
dare. The plaintiff ooetended that in so doing the con-
tract had hem broken and he darned damages. The case
are on for trial betore the Lord Chief Justin in London,
when his lordship left it to the Jerrie my whether the
defendant was justified in " pausing" as he bad done under
the circumstances, and the jury expressed their opinion that

'TT
6. 1860.

W oviduct was wise and prudent, and they found a verdict
for him.
Mr. Bonn, however, now moved for a rule for a new trial,
eahmiting that the lodge bad miadirected the jury ; and
further that the verdict wee against the evidence.
Bade granted.

COURT OF EXCHEQUER.—Nov. 6.
Sidings in Banco.—(Before the Lord Chid Baron and
Barons Bramwell, Charmll, and Wade.)
DAVI,' V. ROMPOID.

Mr. Serjeant Piggott said this was an action tried before
Mr. Justice Hill at the late Oxford maize., when a verdict
was returned for the defendant. The learned counsel now
moved for a rule nisi, calling upon the defendant to show
cause why that verdict should not be set aside, and • new
trial had on the grounds—first, that the verdict was against
the weight of evidence • and secoadly, misdirection by the
learned judge. The facto adduced at the trial were, that
the plaintiff and defendant, who were both young people,
residing near Oxford, bad known one another since 1857,
when a regard for each other sprang up between
them, which eventually terminated iu a proposal being
made by the defendant of marriage, to which the plaintiff
acceded. A quantity of letters were written from one to
the other until the middle of the following year, when the
defendant called on the plaintiff and asked for the letters he
bed written her to be delivered up to him, stating that he
was going to break off the match, which he subsequently
did.

The defence was that this action was an after thought, as
the plaintiff bad allowed the matter to drop for the space
of two years, having never written to the defendant or
spoken to any one about it since the year 181ki, and the jury
thereupon returned a verdict for the defendant.
The learned counsel contended that the fact of the plaintiff
not having said anything about the breach of promise for
two years was not any proof that a breach of promise did
not exist, which was the question for the jury.
The court refused the rule.
Sittings at Nisi Prins at Westminster.—(Before Mr. Baron
Martin and Common Juries.)
. _

This wits the first sitting at nisi pries for the present
term. There were 27 causes, of which 13 were remises
and four undefended.

MANTIS V. DAVI& -COSTS IN TIM SUPIRIOI COURTS.

This was an action brought by the plaintiff to recover
t for assault and false imprisonment, to which the
damage
pleaded not guilty, and that the plaintiff bad fiat
meaultod him.

The plaintiff and the defendant in this case are builders,
and in April last the plaintiff sold the defendant a quantity
of bricks at 11. per thousand. Two loads having
been delivered, the plaintiff went to the defendant,
when the defendant said that he had purchased the bricks
from the plaintiff's carmen at 14s. a thousand, and pro-
duced • receipt. The plaintiff having stated in reply that
the defendant had purchased stolen goods, the latter sent
for a policeman and gave him into custody, when the
plaintiff was taken through the streets to the magistrate,
when the charge was dismissed.
Mr. Chambers, in addressing the jury for the plaintiff,
remarked, in reference to • suggestion thrown out on the
other aide that this was an action that should be tried in
the county court, that when he saw an attempt on the part
of the legislature to deceive a jury by not telling thorn
what the law really was, he would, as counsel, set
the matter right. New, the recent act of parliament—
the act passed last session—enacted the law as to costs.
He deemed it his duty to say that the damages must be
over N. to carry costa The act said 51., but it must be
above that A plaintiff who felt be had suffered wrong
could choose his own tribunal. No man was com-
pelled to go to a county court judge or to • magistrate f he
might select his own tribunal, namely, twelve of his fellow-
countrvmen, to do justice as between him and the person of
whom be complained.
Mr. Baron Martin, in summing up, said he fully concurred
in the propriety of the act passed by the legislature ; uo
doubt the counsel (Mr. Chambers) had =premed his
sincere opinion on the act, but in his own opinion it was
well framed to prevent actions for trifling amounts being
brought in the superior courts. For himself, he was deter-
mind to enforce the an. If he were not mistakes the
learned counsel was wrong in stating that a plaintiff could
not have a jury in the county court.
Mr. Chambers—Yes, a flay of eve.
Mr. Baron Martin—Well, that may be. (To the jury.)
I tell you that it is your duty to end damages for the
plaintiff for the injury he has sustained, irrespective of costs.
The jury at once returned a verdict for the plaintiff,
damages 40s.
Mr. Baron Martin said he would now announce that he
would is future carry out the act.
Mr. liawkina—Then your lordship will act as if no act
had& ?
Mr.pans Baron Martin—l will net according to the law when
the present retire was brought.
Verdict accordingly.

Tar Alamein Allem Exrantrtox.—lnforma-
tion has been obtained from the American expedition in
search of Franklin. The captain of a whaler, writing
from Cumberland Inlet on the 30th of August, says :
"I saw Captain Buddiugtoo, of the George Henry, about
• week ago. All well on bosrd. John Cud-la-jab, the
native Esquainaux, who was returning with him, died of
quick
isousumption three days before the ship made the
This Codds-jab was • native of the west side of
Baffin's Bay, about 35 years of age, and bad been in the
employ American whammies about eight years, and was
as • noble specimen of his race—manly in his de.
portment, quick, and. intelligent He engaged the friend-
ship of all with whom he was brought in contact. His
knowledge of the geopaphy of these icy regions made him
useful as • pilot, while his dexterity with harpoon or lance
made him an expert seal-fisher sad whaleman. He was
chosen by Mr. Hall to be his guide and companion in
the boat journey he proposes to make westward towards
Boothia and ling Land. We sincerely re.
pat dent Nr. Ball has lost so valuable and reliable a ,1
=an from his little company. It was the intention of Mr.
Hall, if he found any diSculty in making up his boat's crew
on arrival, to stay by the ship all the winter,inuring himself
to the climate and learning the language and habits of thi
Esquimaux, and, dartiog early in the spring with a picked
crew, push on his journey. The death of eucl.la-jah may
make this intention a fixed determination, and, after win-
tering with the ship he will leave her and go towards the
Pole, exploring, as he advances, the unknown region lying
between Cape Willoughby and the entrance to Fury and
Heels Straits. Thence he will go westward throve the
Straits to Boothia and King William's Land, where the
relics of Franklin's expedition were discovered by Captain
M'Clintock, R.N. At that point Mr. Hall hopes to obtain
more information in regard to rtions of that expedition.'
Tar Bassi:us° or .—The Phare do
la Manche, of Cherbourg, publishes • report from
kc Levicaire, commissary of the Maritime Inscription,
on the success of the operations which have taken
place in the Bay of St. Brieuc for the breeding of
oysters, agreeably to the directions of M. Costs. The re-
port states that • recent examination has fully and mita-
factorily proved the advantageous results obtained on
the five bank' which have been laid down, and
which have exceeded the most sanguine expecta-
tions. Three fascines, which were taken up inch*.
criminately from one of the banks formed in Tune, 1859,
contained about 20,000 oysters each of from one inch to
two inches in diameter. The total expense for forming the
above bank was 221 fr., and if the 900 fascines laid down on
it be multiplied by 20,000, 6,000,000 oysters will be ob-
tained, which if sold at 20fr. a thousand, will produce
L) 2 .00fr. It' however, says the report, the number of
on each fascine were to be reckoned at only 10,000,
suns of 00,000 fr. would be received, which, for en ex-
penditure of only 221 fr., would give a larger profit than
I any other known branch of industry.
Tar WEATHIR.—Another week of such weather
wall do wonders. We have had some cold and frosty nightie
sad daring the last day or two fresh breezes from the north
and north-east, which will have • beneficial effect in drying
the land and rendering it more friable and more easily
worked. Thee, drying winds and frusta will also rod to
improve the oondition of the grain both in granary and
stack, and render it marketable, since owing to the
wet harvest aid subsequent moist and muggy weather very
little of the present yeer's crop has yet been at all in •
state to render it available for miller's use. The past week
has enabled • general clearance to be made of the beans and
of small patches of grain which the continuance of wet had
hitherto prevented from being harvested. If any be still
out, it must be in special districts only and under compara-
tively exceptional circumeanoss.—desoce Advertiser.
Tess TIMBER THADZ.—Messrs. A. F. and D.
Mackay, of Liverpool, in their circular just issued make
the following remarks in regard to the timber market
"The imports up to the present time on the whole has not
been excessive, and if the arrivals of the fall shipments do
not exceed the proportionate rate of those by the spring
and summer fleets, the market will in all probability
remain in • wholesome and not unsatisfactory condition.
The consumptive demand for serviceable kinds of wood is
lair in amount, and the prices, without being large or
steady, whatever tendency to change has been experienced
ef late, have been rather of a favourable character than
otherwise."

A COLLISION OF ENOI/1101.—On Wednesday last
two engines with mineral trains came into violent collision
with each other on a single line of rails on the Monkland
Railway. The fog was so dense that neither of the engine
drivers perceived the approach of the opposite train until
within a short distance. One of the enginernen jumped off,
the other was thrown off by the collision, but was not
much injured ; the stoke?' also saved themselves. The
shock was tremendous, and both engines were destroyed,
the line being for some time blocked with the fragments.
The damage Is estimated at 1,0001.
AMa•NA sr llTlLlA.—"Amongst those visited
we found none more deserting a special mention than
the products of Mr. J. W. Benson, of M and 34, Ludgate.
MIL The beauty and novelty of his designs, engraved on
the cases of his watches, which he now appears to give mpe.
eat attention to, certainly surpass anything of the kind which
has heretofore come under our inspection. The variety of his
stock is something enormous. Not only may the connoisseur
here meet with the most exquisite design, but the utilitarian
win find an ample choice of plain watches : while each will and,
in the high standing of Mr. Denson as • City manufacturer,
ample guarantee of the latrinelc value of the mechanism. Hem
Indeed. may be found the buyer's deslderatum--excellence of
design and perfection la workmanship."—Moralng Chronicle.
Benson's Illustrated Pamphlet, post free for two stamps. le de.
scriptire of every construction of watch now made. Watches
sate by post &patina's/ of the globe.---ildreetteement.l

MARWs.

LONDON wittLY DOCK 111111VIN3.—Noy. 3.

.._ _ .
SIMLAauu s. —west India.. __..4,14
M 4.675
Bengal and Madras begs 11,41 UP
Penang -..
Putt Ign /St
Corrrs—W.l 1
Mocha
Ceylon
WWI—W. I.
Foreign WI
20 111—M.L ....

• ernd .

1.440 119,013.5
4891 117.166
Gael 127,094

14,941:
67,970

15.647 1328,404 .3311,404
45 I 4n
186 4,1621 4.1413
MO 16,448 41.916
440 11,128
83 10,b7/ I 30.72
n,748 3,j,w1

TALLOW.—In the course of last week the tallow market
was influenced by fresh purchases for higher prices, awl iu
consequence an advance of Is. 6d. to 2s. per cwt. has now to
be recorded. There has been foe some days • decided ini•
provement in the trade demand, the scarcity and cou•
sequent high price of town tallow throwing the demand
upon foreign, and as long as town tallow is ls. 6d. per cwt.
higher in price than Y.C. this will be the case. To-day the
market has been steady, and oar closing prices are :—Spot,
new Y.C., 61.. ; old, 60s. ; all the year, 61s. to 60s. 9d. ;
December, 61s. offered ; January to March, 61a. 6cl. ; April
to June, 58s. 6d. ; October to December, 575. South
Ameriwin, 59e. 6d. ; spot, 595., for arrival; town tallow,
615., net cash. Cocoanut oil : The advice. just to hand ore
unfavourable to the prospects of supply ; tbere is but a very
moderate quantity on the way, and shipment. were pro.
ceeding very slowly, our holders am consequently firm :
Cochin, spot, 535. 6d.; for arrival very little offering;
Ceylon, 52a. 6d. spot, to 53a. ; for arrival near at hand,
525. ; by vessels to arrive at the end of the year, 51s. ;
Palm oil firm, at 48.. for fine Lagos.—(Froca the Circular of
Messrs. Smith and Charles, dated Monday Evening.)

001TON.—Lrontroor., Nov. s.—Waiting the Africa',,
advice' our market is quiet without change in prices. Tho
sales are 10,000 bales--including 8,730 American, et 31d.
to fied. ; 1,000 Burst, at 30. to 51d ; 250 Eaptian, at
Bjd. to 90. ;20 Penuun, at 80.—of which 3000 are for
speculation sod export. The week's import is 20 bale',.

cern& —Llvntiroot, Nov. 6.—The supply of stock
this day Is much smaller thee last Monday ; the demand
fair at rather better pride.

00ALS.-Lonnoar, Nov. 5.-Byasia Betide West Hart.
ler, 17s. 3d. ; Davies's West Hartley, 17s. 9d. ; Muting.
Hartley, 17s. 3d. ; Holywell. 17s. ; Howard's West Han.
ley, 17s. 3d. ; lamberts West Hartley, 17s. ; Old Hartley,
17s. 3d.; 'Tunlleld Moor, 16s. 3d. ; TanSeld Moor Bute,
15s. 3d. ; West Hartley', 17a. 3d. ; Walls End Aoorn Clow,
21s. 6d. ; Walla End Eden, na. 6d. ; Walls End Musgrave,
19a. 3d. ; Lyon'a Main, 19a. 6d. ; Walla End Fnunwellgate,
21s. 6d. ; Walls End }basher, 12e. 6d. ; Walls End Swell*,
Hatton 225. ; Walls End Hunwiek, 161. 6d. ; Walla F.a.l
Kelloe, 225. 6d. ; Walls End South Hartlepool, 22a. ;
End Thorpe, 22a. ; Walls End Pesse's West, 17a.--Shipa at
market, eo ; sold 55.