The Express.
London, England, 1860-02-27 00:00:00

PIM V. THI LONOTOX OAS COKPANT.

This was an lndictmeat for • stigmatic* againat several de-
fendeate, which was set down for trial before Mr. Justice
Crompton, at the last Staffordshire sashes' when •
verdict of not guilty was entered for some of the defendants
and guilty as to the others, subject to • spacial cue stated for
the opinion of the cone.
The case is important, inasmuch as it raises the question
how far an un-incorporated gas company can break up the
streets for the porpou of laying down mains and service
piper so as to feed private residences with gas. The circum-
stances which gave rim to the preferment of the indiotment
were the following. It would seem that foe some years
the town of Loncton had been supplied with
gas, both for pabitc and private porpoise, by a
company eetabliehed under as act of parliament, sad which
I likewise exacted powers under the General Gee Act, the
11th sad 12th Victoria, cap. 13. However, in 1888, a Sew
company was formed (In which • great number of the mem-
ben of • recently appointed town commission were share-
hoiden), the company being merely • registered company.
Cider etch circumstances it is not • matter fur surprise that
the cocaudrioners under the Local Improvement Act very
soon transferred the lighting of the town from the old to the
new company. Thereupon the new company entered into
contracts for laying down mains for public purposes as well as
private service pipes, and for the destruction this canoed in the
streets and cburthyarde of Langton, the old company •
firmed this indictment against the defendants. The q
raised for the opinion of the court were, drat, had the de-
fendants, they Ming an un•incorporatedoompenyaad without
an ecte of parliarnent—in fort, nothing bats mere private com-
pany, a right to break up the highways for the purpose of
Lying down mains to feed the public lights TM gas ;
secondly, admitting • right asregarded the public lights„
and which therwould derive from the town ouninlesicatere,
who were empowered to make the beet arrangements they
could for the lighting of the town, had the defendants any
right to obstruct the public thoroughfare while laying down
private service pipes P
The case we mimed before the full court on the 18th of
Jemmy last, when Mr. Berk (LC., and Mr. Scotland ap-
Cat for the preseentore ; Sir F. Kelly and Mr. li'Mahon
defendants.

7,.riywihearyra went, however, Mr. Borill admitted hie
Mebeity to contend "flaw the defendants' right to break up
the highway for public porpoise, authority hawing been dell,
gated to them to do so by the loaf commissioners. But as
regarded their interference with the highway whilst eogsgsd
in the work of supplying private tights he must uphold the
conviction.

___._-.
Sir F. Kelly contended, au the other aide, that the com-
pany were quite justified by a consideration of the general
interests of society in breakiog up the highway, provided
they occupied no more then a reaeonablo time in the con-
struction of their works.
_ _

TheEcturthaVinitriest time to consider, now delivered lb
judgment, which wee to this effect.—The case did not fall
within the general right es towering temporary obstructima.
There was so garb= here of absolute necessity for the set
dose, sod certainly the general convenienoe was spinet
rebate preens being albwed to break up the highway. TM
Mama of anal-merchants obbraming the highway or the
street whilst shooting coals into underground premises was
one not jumbled by law although it might be cootie ei by
long custom. Jagmmt meat tharekte be entered for the
sown.

The Lord Chief Janke attire/sr& monde to Guildhall
to Kukla at Nisi Priam, end wea occupied main 6 o'clock
with the trW of a ahlppiag canoe et so general futerrot,
which had beau part heard os Friday, and in which a juror
waa eventually withdraws.

COURT OF RICRRQUER.—Fas. 23.
etttbp at NW Prim at oldiern.—(Bidon Kr. Bans
Nadia sad Oaosoaa Jurist.)

NAM I. 1111 SAIL OP Plllll.-111XT.
This edicts wee by comma tried before hie lordship without
a jury.
Mr. Milword appeerel se counsel for the plaintiff, and Mr.
Thrupp for the defeedeat.
This was an widen brought by the piebald, Mrs. Nash, to
recover 291. 10e., ed., bairns of rest due for the cocupetion
of the plaintiff's house at 84, Oneienr-nuare, jointly by Lord
Forth, the delindeat's ass, sod the Hon. Adolphus Cana.
The plaintiff relied es an egreement, dated April 23, 1867,
to like the hosts furnished for three months at eight gainer
a week which Ind been signed by Lord Forth, " for the
Earl of Perth." A letter was pia in, written by the Earl of
Perth, dated August 80,1867, in which he wrote, " I ban
eat Mn. Nash a protein of 42L, which I must pay is
Jaauary next."
Mr. Gibbons, a hones agent, dereed that Lord Forth had
signed the nt in the sane of the Earl of Perth.
Lord Forth monied Mr. Capers daughter, and both
fuellits occupied the hoses for twelve weeks. All the rant
due on behalf of Mrs. Opel had been paid by her mother,
the late Ledy Karma Stewart.
Mr. Baron Martin maid there was nothing to Ss the de-
fendant with say liability.
Mr. lifter& put in a Inter to the effect that if Mrs. Cspel
would Mks a bows in town on reasonable terms he would not
objects to pay half the rest, and pennant to that authority
Lord Forth had signed the agreement for his father.
Mr. Baron Martin—lt is my opinion there is nothing totes
Lord Perth. The plaintiff must be consulted, with leave to
move.

Mr Thrtmp—l have only to state, on behalf of the Earl
of Perth, that at puma be la overwhelmed with his eon's
debt.. _ _

—fie plaintiff was then nonsnitad.
This was the last day of the sittings at nisi pains of this
court

INSOLVENT DEBTORS COURT.—FEB. 25.
(843 n M. Commissioser Marphy.)
IN rei 010101 CORNILIA

This insolvent, a Dutchman, was opposed by Mr. Sargood
(laffitrseted by Mr. G. J. Haim) ow the part of Meserailatessrt
and Stagily, Meson. Meld', sad Messrs. Latham, ware-
housemen to the city. The insolvent was his own ad-
To9ste.

ii4psered that the insolvent owed upwards of 9001., and
alleged he had 3791. owing to Wm. Prom the opposing
creditors he got goods to about 8001., and now owed them
6801. In October [sat he was made • bankrupt at Amster-
dam, where he carried oa Umber as a merchant. He loft,
and we. now liable to as imprlecruseat et six months. He
wee arrested In November, and petitioned the court, and his
°Miters required • furthm secoust, sad now oomplained
that no account was gives of what hal Monne of their pro-
Mr. hargood 'eked the court leipemeemes • judgment to
protect the trading ommaanicy. Tbelemelomet hanged to •
alms who came to this country sad getipssis of minim* and
the moiety Noce afterwards
Dlr. Commiesioner blurph:trtheliessilveet, through
en Wormier, that he had get esmiderable goods from die
Zt6 creditors, atter goyim them • little money, and
i. satisiamory eceseaf had- Mem gives of their disport.
As he had thought properool/Id from his own couwry
wham he was made • bankrupt, he must Neap the law of
this country. The court gave aj*lmat at nips months for
eastraelang debts without ressw expselaties of pay-
roll/at.

SHOCKING Annan TO MUADU • Wtri.—A
dreadful 00111211111011 took piece in the town of Winslow on
Tuesday morales. A was named her Harding, who teen
a bed character, eras bore between two and three o'clock is
the morning, and ocearodeed basting his wife, Sarah Har-
ding, with • strap buckle. It is not stated that he wes is
liquor, but for the credit of luensaity we would gladly sup-
pose that such was the ore. He then beat hoe severely with
his Este and threatened to kill hoe; he took • razor from the
shelf, but pat it back again. The gear woman went upstairs,
and while she was In a stooping petition, holding one of the
children, he took up a gar! mad Had it at her, the shot an-
swing the left brier and taldag • downward di-
rection. After this he beat her about the bed
with the gun so merely that the stack was
broken free the herd sad was afterwards ford
covered with bred. Me unhappy WOOSSa MY still
living when our later idereaties was despatched, but Hr.
Newnhani, who is attending her, ghee but very feint hope*
of her surviving, the drip hares lodged (it is supposed)
In • vital part. The gun le believed to he • borrowed ase,
but It Is ant aseertalsed when or kw what purpose it was bor-
rowed. es the culprit I. known to have been engaged in
poaching. He was apprehended about an hour after the
occurtesce by Inspector Carruthers. and en Wednesday the
decleratian of the poor woman, who was believed to be
dying, was takea before P. Denary sad E. W. London
BHssgrs la the promisee of the presser. It wee to the effect
shod stated. On the premier askiag her " whether he did
it on purpose" she replied " Yee," sad shook heads with
him. He was retarded to await the recovery or death of h&
vietles.—/hithe delewitor.

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