The Express.
London, England, 1867-06-11 00:00:00

COURT OF QUEEN'S BENCH.-.Jove 10.

Sittinp is Banco. —(Before the Lord Chief Justice and
Justice+ Mellor, Shea, and Lush.)

DID= AND ANOTHER V. THE DUBLIN TRUNIC CONNECTING

RAILWAY COMPANY.

Mr. Lewd applied for a rule calling upon Mr. Henry
French, a shareholder, to show cause why a scire facies
should not issue to recover the amount unpaid and
uncalled up in respect of certain shares held by Mr.
French in the company. The action was brought by the
joint engineers of the company, to recover 7,0001. The
cause was Net down for trial at the spring assizes for Bris-
tol. The record, however, was withdrawn by consent
under an order of Mr. Justice Shee, and referred to arbi-
tration. The arbitrator had awarded 6,7041. 541., and taxed
coats 1037. las. A writ of 6. fa. was issued against the
company by the Sheriff of London, who returned the fol-
lowing day nulls bona. The only process now left was to
proofed under the Companies Clauses Act against the
shareholders for the amount of their unpaid 'harm Se-
veral such rules had been issued against shareholders in
this company, and he had to move against twenty-four
sli.ireholders.
Rules granted.

GrilSta said he had ►lso to make similar mo-
tions against IS other shareholders in this railwaycompany.
Mr. Hotten said he appeared for one of the shareholders
in the Let batch. who consented to an order for 4001. in
order to save the cerise of a sic. fa.
Mr. Orieks said ‘OO4. was claimed as due from the
abareholder.
Mr. Rotten said it would be better then to take an order
for the 4001., and a sic. fa. should issue on the :3004., the
balance.

Rules were granted in the whole of the cues except so
far as the 4401. in the last case.

BROWNS AND ANOTHER v. ?WI COMMISSIONERS OP
wmce,

Mr. Thesiger moved, under the Courts of Justice Con-
centration Site Act, on behalf of Mr. Browne and another,
for a rule calling upon the Commissioners of Works to
show c.uM' why he should not take up an award.
The Lord Chief Justice said that he and Mr. Justine

Metter wen. counid.,it.liClS c u a t cot to hear the ap-
plication. And ea Mr. Justice I.r.sh had gone to thaw-
bets. there was only Mr. Justice Sher left to hear it.

Mr. Thesiger gaol ha thom;lit it would make no differ-
ence if thoir hear.l
The Lord Chief 3ustiee naid they hail no more interest
in the cants than the other judges anti all the members of
the bar—at Iraq the yowler inembera.
Mr. Justice Mimi said if they heard it they probably
would he found fault with.

The Court, however, haarti the parti4ulars, and granted
a rule.

Rule grAnted.

COURT OF COMMON PLEAS.--dems 10.

Sitting' in Bonco.—(Before Lord Chief Justice Bovill and
Juitiem Wines, Keating, and smith.)
RAW,ToNE APPELLANT n LACKNOU,E RESPONDENT.

This was an appeal from a decision of the Salmon
Fishery Commissioners, by which they declared that
four lathe nets, or balks, in the estuary of the river Ribble
"ere illegal, and must be removed. The plaintiff claimed
to have the nets as lord of the manor of Hutton which
bra been granted to his ancestor, Lawrence Rs-atone, by
Henry VIII. at the time of the dissolution of the religious
houses, in consideration of a payment of .iisSf.; and there
were various deeds and other evidence to show that a
right of fishery was attached to the manor. Another cir-
cumstance war, that under the Ribble Nsvigat'on
Act, pouted in 1844, the course of the river
had been straightened and narrowed, and the nee
were therefore moment nearer to the middle of the stream.
The appellaut claimed the right of Fairing the nets under
a charter of Richard 11., but the commissioners held that
the reti were kiddies, a species of engine prohibited by
Magni. Charts, and by sonic early statutes, and that the
charter dill not exempt these particular nets from the
operation of the law. They also held that the removal of
the nets in 184 e was in enhancement of the use of them,
and therefore even if there had been an ancient right,
there was no user of it butween 1,144 and ls6l.

Mr. Mellish, t?.C., appeared for the appellant ; and the
Solicitor-General and Mr. Hannen for the defendant.
The court, after hearing the argument at some length,
took tine to consider then decision.

Judgment postponed.

Sittings at Nisi Prius in Middlesex. —(Beforc Mr. Justice
Liles and a Common Jury.)
LKaLIP T. LIMPS(,:.

The plaintiff was Mr. Henry Leslie, the dramatic author,
the writer of The t,ronye Girl, The Mariner's Compass,
Tine and Tide, and other pieces ; awl the defendant was
the proprietor of the Theatre Royal, Birmingham. The
action was to recover damages upon the ground that the
defendant had not completed an agreement accuiding to
which the plaintiff was to write a drama for him.
Mr. Serjeant Parry and Mr. Joyce appeared for the
plaintiff ; and Mr. Serjeant Ballantine and Mr. Francis
for the defendant.
In January last the plaintiff advertised hie willingness
to write dramas, and thi. brought him into communication
with the defendant, and it was agreed Vent the phiintiff
should write a drams to be called the Black Countrn • or,
Litlle !cm, the Collier's Son. It was signed that the de-
fendant :Mould pay and should in consideration have
the sole right of representation in Birmingham. The
plaintiff went to the Black Country fora fortnight to study
local circumstances, and he afterwardesent down the first
act. In the meantime the plaintiff placed the piece upon
the list of the Dramatic Antl,ors' Society, so that managers
of thest. ea might have an opportunity of acting it upon
paying the price for so doing. It seemed that the defen-
dant had wished to acquire a more extensive interest in
the piece, and be was so annoyed at the plaintiff
placing the piece upon the list that he returned the first
act, and declined to go on with the transaction. The glair.
tiff now claimed to recover the balance of 10/.., and
damages for the 100 wh;oh he had sustained in conse-
quence of the defendant not having brought out the
piece, and the defendant seed to recover back the 20/.
which he had paid to the plaintiff.
A good deal of correspondence was read, and Mr. Stir-
ling Coyne and Mr. Tom Taylor were called in reference
to the raies of the Dramatic Authors' Society and other
matters connected with the profession of a dramatic
author. Some points of law were also raised by the
defendant's counsel.

After some discussion a suggestion of his lordship was
adopted, and it was agreed that the litigation should be
put an end to by an amicable arrangement. The result
was that a verdict was entered for the plaintiff in the case
for 101., and that them should be a certificate for costa
and further, that the other action should be stayed, and
that no costs should be .01ov:ea on either side.

THE EXPRESS, TUESDAY EVENING, JUNE 11, 1867.

back into court returned a verdict of f;nifte againyt the
prisoners Ilarwitt and Bull, and of ll'ot Goat, in favour
of °email.

The constable in the case, in reply to theltecorder,Ptatol
th a the prisoner Ilerwitt was not known, but that Ihtil
had already been tried for receiving stolen goods, but ac-
quitted, and that his premises were now full of valuable
property of every description which it was strongly sus-
pected lid been stolen.
_ . .

The Recorder renttnced Barwitt to 18 months' impri-
sonment, with hard labour, in the House of Correction ;
and Bull to be kept in penal servitude for the term of six
years.

Janus William Kern,, DI, was indicted for feloniously
forging and uttering abanker's cheque fur the payment of
301. 35., with intent to defraud. The prisoner pleaded
Mr. Poland, with whom was Mr. Montagu Williams,
appeared for the proem. tion ; and Mr. Metcalfe was in-
structed on baba of the prisoner by his friends, and on
his application the sentence was deferred to enable wit-
nesses to be called to the prisoner's previous good
character.

Frederick Forster, 17, was ind;cted for unlawfully coun-
selling, inciting, and procuring one Edwin Noche to steal
tobacco, the property of Messrs. Goode, the wholesale
tobacc3nists,.the masters of I lasche..

It appeared that on the 27th May last the prisoner met
and introduced himself to Noche a lad of 12 or 13 years
of age, as be was leaving his master's premises to go to his
dinner, and asked him if he could not get him some tobacco
out of the warehouse in the same way as another lad had
done some time before, and to whom he (prisoner) bad
given as mush as '2f. per week. The prisoner told %ache
that he would pay him 2s. per lb. for the tobacco ; but the
boy persiirten.ly refused to do anything of the kind, and
at length, persecuted by the prisoner's importunities, gave
information to his employers, who at once communicated
with the police. A parcel was made up and entrusted to
Basche, who had made an appointment with the prisoner
under the directions of the police, and when they met the
parcel was banded to the prisoner, who was at once secured
by a constable who was in attendance for that purpose.
The jury found the prisoner °silty of the misdemeanour,
and

The Recorder, after complimenting the boy Ruche on
his hood conduct in the affair, and alas on tl-e very esti+.
factory manner in which he had given his evidence, sen-
tenced the prisoner to 12 months' imprisonment with hard
labour in the House of Correction.

In the New Court the Common Serjeant waa occupied
during the whole of the sitting in trying prosecutions in-
stituted by the authorities of the Mint, but no case of
interest or meriting a report trenspired.