The Express.
London, England, 1860-06-18 00:00:00

COURT OF QUERN'S BENCH.—Jxnne 16.

litticp at Nisi Priam for ISddkecuc.—(Before the Lord Chief
Justice sad Special Juries.)
WHITIILY V. VISCOUNT DILLON.

This was an action by a surveyor, in Parliament-street, to
recover 1 per oent. on 18,0001. for valuing the timber on
Lord Dillon's estate, at Ditchley, in Oxfordshire.
It seems that in April, 1869, Lord Dillon, who has no
son, and who, to use his lordship's expression, " did not
care to let his brother," who was his heir, " have the tim-
ber on the Ditchley date for nothing." commissioned the
plaintiff to make not an accurate but an approximate
valuation of the timber on the estate, either with a
view to cutting it down and selling it, or in order
to come to . terms with his heir. The Ditchley
estate minimums about 6,000 scree, and of these
rather less than 1,000 acres are under timber. The plaintiff
employed his assistant to make the valuation, and no less
than 37 days were stated to have been emed on the
work. On its conclusion the plaintiff return- the valua-
tion of the timber at 18,0001. This Lord Mon believed to
be a great deal too high, as his conclusion had always been
that there was not more than from 4,000!. to 5,0001. worth
of timber on the estate, and he consequently refused to pay
the plaintiff his bill, at the same time making use of the
word "swindle" in reference to the manner in which the
commission bad been executed. On inspecting the estimate
in detail, it turned out that while Lord Dillon only required
to have a return of the marketable value of the timber on the
estate, theplaintiff bad valued saplings, together with full-
grown timber, and that without making any distinction be-
tween the two,andlikewise that be bad included in his return
all the underwood, and ooppicewood, and pole wood—in fact,
every stick on the property. In other respect., also, the
valuation was pronounced faulty, inasmuch as the market
pries of timber was wrongly returned, ea, for example, oak
was given as worth not more than from Is. to is. 6d, per
cubic foot, whereas its proper price was from ls. 4d. to
3e. fei., while, at the game time, the number of tress per
acre were greatly exaggerated. The contention, there ere,
on the part of Lord Dillon was that the plafmtiffa valuation
was utterly worthless • first, because it did not distinguish
between oak sapling: and oak timber ; and, secondly, be-
cause in the details which it gave it was entirely incorrect.
On behalf of the, plaintiff it was urged that Lord Dil-
lon's written orders, 'I instruct you to make a valuation
of my timber at Ditchley" were large enough to authorise
the plaintiff's valuing every stick on the estate. But even
supposing such instructions could ordinarily be interpreted
to mean only full-grown timber, and not to include sap-
lings or underwood, yet taking into account the defendant's
accompanying declarations as to having no son, and not
wishing his brother to get it— (query the estate or the tim-
ber)—for nothing, it was evident the plaintiff was intended
to value everything saleable on the estate.

It was clearly proved by the defendant's witnesses that
according to the custom of the profession an order to value
timber only referred to timber of six inches in girth, and
such as was of not less value than ls. per cubic foot.
while in no case would it include pilewood or underwood. It
was likewise proved that the plaintiffs estimates were in-
exact in several details.

Without retiring, the jury found that even supposing the
plaintiff's interpretation of his instructions to be correct,
his valuation was utterly wortWess to Lord Dillon.

Verdict, therefore, for the defendant.
Mr. Edwin James, Q.C., and Mr. T. Atkinson appeared
for the plaintiff; Se-ImM Pigott and Mr. Field for the
defendant.

COURT OF EXCHEQUER.--Jults 16.

Sittinp at Nisi Prim—(Before the Lord Chief Baron and
Common Juries.)

In a care of " Hoyles v. Topham," the facts of which
were devoid of public interest,
Mr. Kennedy briefly addressed the jury foe the defend-
ranaltlf i observing
t.uthh
ait..,zAdtismclient was ill, he was like a gene-
The Lord Chief Baron, in summing up to the jury, said
that this was in reality an undefended action. If the de-
fendant were really KI and unable to attend, all that would
have been necessary would have been an application to post-
pone the trial, which would have been granted as a matter
of course.

Mr. n dy I may observe that the newspapers have
been extremely inaccurate of late in the law notices. One
muse tried in the Common Pleas to-day was omitted from
the lot, and Mr. Montagu Chambers has called the atten-
tion of the Lord Chief Justice of the Common Pleas to it.

The Lord Chief Baron—ll the newspapers take the trouble
of giving information, which is, I may say, gratuitous, and
if they are wrong. I do not think the blame should be
thrown upon them. It le all very well for persons who
have nothing to do with causes to rent sati6ed with the
annocuseenunts of the newspapers, bat for those who have
these is the official list, which they are bound to consult. It
is reeS pity that those who are under no obligation to
supply information should be blamed.
. Kennedy—l mentioned the case rather for the public
good than anything else. It appears from the cue in the
Court of Common Pleas that it was rather the fault of the
officer of the court than of the newspapers.
A verdict was found for the plaintiff, with 1871. 16e. 6d.
damages.

EXCHEQU CHAMBER.—JuIts 16.
Sittings in Error.— (Before Justices Williams, Willis, and
Dyke, and Barons Martin, Bramwell. and Wilde.)
THZ GRZAT WIRTZ= RAILWAY COMPANY V. THE GREAT

MIDLAND lAXLWAT COI(PAJT.—IAILWAT DI/MTN&
In this case Sir F. Kelly hang been heard in favour of
the Midland Railway Company, their lordships said they
would not hear the Attorney General on the other side until
judgment had bon given in a ernes action.

INSOLVENT DEBTORS COURT.—Jums 16.
(Bofors Mr. Commissioner Nichols.)
IX 111 INIAILIX EDWARD CURTI& --lIIPXIBO NII INT PDX AN

AIISAUIR.

This insolvent, a farrier, at Homerton, who was in prison,
was opposed by Mr. Sargood, on the part of Frederick
Pritchard, of the Hone and Jockey, beershop, Leonard-
street, Bhorectitch.
Mr. Dowse supported.
In February the insolvent assaulted the opposing creditor,
and gave him, it was stated, two black eyes. P 'tabard
went to law in the Court of Queen's Bench, and the insol-
vent allowed judgment to go by default. The jury awarded
5&. as damages, and the costa were MX. lON., on which exe-
cution was issued, and the insolvent had been five weeks in
prime. It was alleged that the insolvent had intimated to
the other side that they should get nothing, and he had
been as
.good an his word, as all he possessed bad
be pat in the way of the landlord, who had sold the same
to Ida nephew, who rejoiced in the name of "Tom"
Abbott, and he carried on the business. A bone, which be
had boasted was worth about 501., had been sold for lel. to
pay his attorney. He said it was not worth more, as it was
not broken in, and " had all his troubles to come."
Mr. Bargood asked the court, by a judgment, to teach the
I insolvent that he was not to blacken persons' eyes, and
then denude himself of all he possessed.
Mr. Dowse contended that five weeks' confinement was
sufficient for 5/. damages.
Mr. Commissioner Nichols was of opinion that the com-
plaint bad not been established against the insolvent, as by
tie act of parliament it. must be proved that the injury
emaplained of was " malicious" There was no evidence
of malice in the case, as only the attorney's clerk had been
called ; and as to the landlord, he would have been entitled
to be paid his rent. His Honour discharged the insolvent,
who seemed very much pleased with the result of his case.

TER GREAT BANE BILL ROBBZRY AT LIVIRPOOL.
—The trial of the prisoners in this case will come =either
te-daaselloaday) or to-morrow at the Liverpool 11.1111110111.
Mr. , a London barrister, has been specially retained
for the defence of the prisoners. It will be reasseidared
by oar readers that the amount of the hills skies was
11,0001.
filldeertiatimetrt.l—HOLLOWlLlT'S OINTMENT AND
Pitio.—AosTß /1111:17111ATIOL—la all Wale pains in the joints
irialsa altar deo lowientailea with wens water. the moth-
melba et Wileskiemat le reestratrerkehis: tt seems at once
tellesemeeks, ems palm, rogues the swelling, restore
the tree eirelablies‘ sad met lite diersa le them cotnplaints,
Weed, Hoilowires eliteern men Ale are an nkWbte specific.
The claimed shade be robbed es apse the poet to pain as the
.sea beer; It le eheereed eleteerid to the
wllsr%p era aims, lurk wall guiders,
It ,erect Elesese rid 'dim. The
Ibeorfoot yollMos et Se hate the trigied elect aasist-
-1 isa the elellaist.