The Express.
London, England, 1867-04-16 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF Qt7BEN'S BENCH.
ltineo.-- (Before the Lord Chief Justice and
Jostler' Blackburn, Sheri, and Lush.)
11)ERIM NUNI)LEY.
is v‘ an action of slander, tried at Hereford before
Jugi,.. tl.,ckbuni, when the jury returned a verdict
the 1.1 tivititf—tl:tutagen IW. The plaintiff was • milliner
and the slander oomplaisled of was a state-
r n k hr the defendant that he had been criminally
minte.l with her. Therewas also a count of special
. .

........
alleging that the plaintiff had lost metal; em-
Zst in amse.iucuce of that statement.
r. tid.lle•ton. Q.C., moved for a rule for a new trial
whalf of the defendant on the ground of misdireetiow.
evidence showed that the employment was not lost in
„. mg., of the defendant's statement, but from the
.oir that the plaintiff and defendant bad been seen
at night walking together in a hop field. The learned
asel contended that special damages could not be
i.e.' exc. pt slan.le.rous words were uttered or were
iori.ed to he e• unmated to the person who with-
,. the euelp6yment.
tile Mused.

THE QrrlN tt WHITE,
hi+ was an information in the nature of a quo wsrranto,
.1 before Mr. Justice Byles, when a verdict
.ritered pro forma for the crown, giving the defendant
e to e to enter the verdict for him. The
anti was mayor of Launceston, and his term of
c , town councillor for the borough terminating
November he offered himself for re-election,
in order to get rid of any objection that
;41„. ru-eu on the ground of his acting as the retur.c
officer, he called a meeting of the council a few days
,ro the day of election and bestirred his resignation of
ow, which was accepted and his locum tenens ap-
atcl. The election took place, and Mr. White was
ailed, and the question turned upon the meaning of
wools " otherwise inairehla of acting " in the :16th
lou of the pith and fith William IV. c. 76 which pro-
for the appointment of a substitute in the event of
bath or absence of the mayor, or his being " other-
incapable of acting."
r. Coleridge, t/.C., moved accordingly to enter the
'act for the defendant. Is was a very important point,
one that in fact bad never been actually decided,
igh there were dicta of the late Lord Campbell and Sir
. Erle on the point.
ule &Touted.

CRAVE,4 r. WALKER.
11. was a very peculiar case, tried at Kingston before
'ilietJuxtiee }kwill, when the plaintiff, who lithe rec-
of
lower Tooting, was non-suited, with leave for the
ntitf to enter the verdict upon the second count, his lord-
, intimating that he non-suited on the special count,
iking there was no special contract on which to go to
jury although he would not give leave to move on it.
defendant was the executor of an elderly mahlen lady
i ',bled at Tooting in her lifetime, and who was buried
brick vault in a special portion of Tooting churchyard,
ch with the whole of the burialground was vested in
rector, and the fees belonged wholly to him.
Ir. V. Pollock, (1.C., now moved for a rule for a new
I, or why the verdict should not be entered for the
miff for Si. or Pik as the court should think fit. The
t count, which was • special count, stated that in
sequence of an agreement between the rector and the
atilt, the body of this lady won to be buried in this
Uvular part of the churchyard, which was set it.rt
special purposes, for the sum of thirty guineas. The
and count was fur the use of the ground by the plain-
. penoission: _

ir: Justice Blackburn-ITM and occupation of the grave.
hat the substance of the second count
Ir. C. Pollock—That was not the way to put it. The
r to put it was this :—The plaintiff was the rector, and
I vested in him the fees, and in consequence of
selection of this particular spot, in which a brick vault
to be built, and the body buried, he should be paid 30
nesa. That no doubt WU a legal bargain. The rector
,ht, if he bad thought proper, have called upon the parties
,te they left the ground to pay the 30 guineas, and on
it declining—not to have disinterred, for that he could
have done, but have informed them he should not allow
stone to be set up; and so far from setting the ground
rt for this separate body, have informed them that
Mould bury as many paupers in the vault as it would
1. On the trial there was an offer to take 81. if the
or could not make a special, and of 151. if he could.
be court said the learned counsel had stated sufficient
bow that he was entitled to a rule.
ale granted.

COURT OF COMMON PLEAS.
inga in Banco.—(Before Lord Chief Justioe %rill and
Justices Ryles, Keating, and Smith.)
CONYLANS RYON& QUARRY COMPANY (LIMITED) V. TIM
MAMMAL BANK.
he question for the court to determine in this case was
t was the legal effect of a banker's circular note, or
er of credit ; and it was stated that it was a question
ch was raised for the first time.

:r. F. M. White said tlUtthe plaintiffs worked a stone
rry in the neighbourhood of Paris, and Mr. M'Connor,
r general manager in England, paid to the defendants
, and received for it four circular notes and a letter of
cation. He transmitted the notes in one envelope and
letter in another to DI. Rumbeaud, the plaintiffs' ma-
er in France, and the letter arrrived safely, but the notes
e lost on the way and had not since been heard of.
plaintiffs demanded the 80/. back from the
k and offered an indemnity, but they refused
give an indemnity in the terms required by the bent.
present action was then brought to recover the 80/.,
at the trial before the Lord Chief Justice at Guild-
-1 a nonsuit was entered. The present motion was for
ale to enter a verdict for the plaintiffs for the 801.,
I the learned counsel contended that the money hay-
been deposited with the bank upon the condition
t they should pay it in France in a certain way,
they not having so paid it the plaintiffs were enti-
-Ito demand repayment. It was true that the notes
e out, but there was no signature upon them, and there-
!no liability upon the bank in respect of them. The
es were at present mere forms, and could not be made
iplete except by means of a forgery. To support this
w, " Orr and another v. Union Beak of Scotland," in
1/ueen's Reports, and " The British Linen Company
the Caledonian Insurance Company," 4 McQueen, were
ed upon.
'he Court, after a long discussion, granted a rule.

COURT OF EXCHEQUER.
dregs in Banco.—(Before the Lord Chief Baron and
Barons Martin, Bramwell, and Pigott.)
FRROTHON T. DIIWNURNT AND OTHERS.
esterday Mr. Jones, Q.C., moved for a new trial in
caw, which was an action by a carrier in Manchester
last the defendants, some of whom were members of •
ited liability company carrying on business as dyers in
t city, for having been given into custody on a
r charge of stealing some logwood and other articles
rusted to him by the company for conveyance. Upon
investigation of the matter the local magistrate dia.
sled the plaintiff, and at the last Manchester wires
plaintiff obtained a verdict in his favour against the
endants, with 6001. damages.
be Lord Chief Baron now said that, having consulted
Justice Mellor, who tried the case, they thought the.e
ht to be no rule on the ground either of misdirection or
be verdict being against the evidence, hot in their
lion the damages were excessive, and they would
it a role for • new trial on that ground, unless the
stiff would consent to reduce the damages to 230 i.
TALL V. THE LONDON AND SOUTH WINTRILIT RAILWAY

COM PANT.
his case, which has been for a considerable time before
court. involved a question of some importance. The
on was brought for the non-delivery in due course of a
el containing a deed of composition entered into by
plaintiff with boo cralitors, whereby the plaintiff was
nted registering it within the prescribed
P, and consequently last the benefit of it.
plaintiff recovered a large amount of damages, and
court, not being able to agree upon some points raised
a a rule for a new trial, threw out a suggestion that
parties had better agree to a stet processes.
r. C. W. Wood intimated yesterday that the railway
{any for whom he appeared were prepared to act on
advice of their lordships, but he believed the plaintiff
ld not consent to do so.
Ir. Baron Bramwell now said that his brothers Baron
tin and Baron Pigott (the Lord Chief Baron had not
al the arguments) were not agreed as to whether there
evidence to go to the jury in support of the plaintiff's
; but they were all agreed that the amount of
lain., was erroneous, and therefore the court would
,e tile rule absolute for a new trial.
Ir. Baron Martin—We strongly recommend a stet pro-
m..

Ir. Baron Bramwell—Even if the plaintiS gets a shil•
danliges, the defendants will have to pay the costs.
ale absolute.

COURT OF BECHEQUER CHAMBER.
his omirt sat to-day for the parpaee of appointing the
ngs in error. Lord Chief notice Bovill announced
they would sit to hear errors from the different court.
he following days : For erron from the Queen's Bench,
vi,y, 14th, and Wednesday, 15th May; from the
in on Pleas, Thursday, 16th, and Friday, 17th May ;
from the Exchequer, Saturday, 18th, and Monday,
)lay,

C'OURT OF PRORATE AND DIVORCE.
(Before the Judge Ordinary.)
morning the court resumed its sittinp after the
4, hut the proceedinp up to the time we went to
1 were of no public interest.

COURT OF BANKRUPTCY.
(Before Yr. Commissioner Holroyd.)
IN RE JAMES DALY.
he bankrupt in this ease was a for skin dealer, of
kenwell•green. He applied for his discharge tram
The case was only noticeable from the fact
the aamets bad yielded a bona fide surplus, the amount
gel being ;CM. It seemed that the bankrupt had
.16 von to seek the protection of the court through
,sudden pressure.