The Express.
London, England, 1860-12-12 00:00:00

LAW INTELLIGENCE.

(PHIS DAY.)

COURT OP QUERN'S BENCH.
moms at Nisi Pries after Tel= for Leedom—Mks*
the Lord Chief Justice and a Special Jury.)
sosauttuer r. maim (ctuia).
Thk4 wan an action for two assaults committed upon the
7.1.,eta. Captain Beetinquet, I,v the Rev. Mr. Heath, vicar
t IditieliL The defendant pleaded that the plaintiff
bud mirropelly interfered with the performance of amine
',Kai,. in the chapel of Clay Hill, in the pariah of Enfield,
e1...h ...the property of the defendant, and that having
lace roitoetted to leave the chapel, he had refused to do so,
awl that •.a that refusal the plaintiff haul laid hands upon
Lei to eject him from the cha
lii 110,111, Q.C. and Mr. ilet for the plain-
er! Mr. M. Smith, q.c.. and Mr. . Coleridge for the
Jet
From the opening statement of Mr. Bevil it would appear
V. it tile action, and six others, which were pending, had
tla it origin iu disputes which arose in the pariah of
Euti.l.l, 'dative to the mode in which the services were
p dunned iu the (lay Hill Chapel, situated within
th, iamb, it being alleged on behalf of the
ilsiutid that the service* in the chapel involved
ui cutare departure from the usual observances of the
,Iturzli 14 Euglaid, and to approach much nearer to that of
the church of Rome. It may be remembered that the case
tame ',elev. the Court of Queen's Bench in the course of last
term, on demurrer to the defeudant's plea, when a vary inter.
, die; question was raii.‘,4l all to the rights of the general pub-
-1;‘• with reference to what are known as proprietary chapels.
epee that occasion the judgment of the court was in favour
f the Rev. Mr. Ilottb, their lordships bold*
,Innainiously that the public have no right of entry into
pelt ate chapel, and therefore that the plaintiff, it be Per-
spud iu reenamme in Clay Hill Chapel sfter having been
requested to I..ave, was • tremmeer. The chapel of Cl*y
Hill wee erected by means of subscriptions in the parish
sod the contribution of the vicar. Of the total amount mind
i'ipt. Bosanquet and his fele ads subscribed no lem thao 6401.
the plaintiff himself contributing 1001. On the other hand
the %nue* personal contrittutiou towards purchasing the
site sad the erection and ornamentation of the chapel was
ever I,ooof. The chapel having been opened, the mode
cotelticting the service was represented as being
entiotutly ruseyieticaL Thereupon rensoustranose
were unroll upon the vicar by some of the
parishiouera, but without effect. The Bishop of London
was then memorialised, and all the obnoxious practices
were regularly detailed in the memorial. In answer COM-
robriaters were appointed to in,lnire into the complaints of
the memorialists ; but before they had tame to make their
repert. it Iteieg well untlendood, as stated by the
o.llllt dr. ...mewl, what the listens of the report must be,
Mr. Heath closed the chapel, and so prevented the bishop
hum entering tb• serviced to be performed in a manner cm-
noahle to the usual obeereareee of the church of England.
That ...curried early in the mouth of June, end a few
dies after out came the report of the commissioners. The
oishop thereupon issued direction. as to what should lie
doe sad a copy of his jii.Loneot was forwarded both to the
tlefesluit mad to l'aptein efosanquet. The assaults cone
phased of were Committed the one before Christmas
lay, Iti"0, tbe other up.n the New Year's-day. Captain
-..cepiet having been eleetedeburchwardee. bad Va. Oa
the Chrietiese meriting and removed the euperaltar cloth
aal placed it beneath hi. mat in his pew. This he stated to
have Len dune by him in hie especity of c.lnclivninien. In
oar !wince the wiser had pieced his bamboos the shoulder of
Caplan to relative hire, sad that eta. the first
each char The nature of the second as‘sult did not
tree ire, as, helm counsel got to that part of the cam,
mitten were anomie&
Mr. ikon bolas about to detail the mode in which the'
-micas were performed, anti to read the memorial to the,
Imhof% which est out at great length the complaint of the
aeniorlabsits,
Kr. M. :smith interposed, spigot/bow such aidatement
was relevant. It hod been derided the chapel was a private
chapel, sad that the plaintiff had so right to be there.
The Chief Justice- Either ll'aptius Boasispeat hail a right
le be la the chapel or he had n..t. If be had no right, how
as such ev Acme as ti here referred to come within the
were ef the present inquiry
31r. Iketill --Our cam is that while Captain Ilteanouet
was sitting la his pew its we. emmulted.
The Chef Justielp—Leradeg at the litigation which is
gmeg es might it est be highly desisable for the iesseses et
eeeeenni tire it shield be heft to some geediserm
et the bar to dstenalue what might tale dews he.
twee • the parties ? Amusedly_ seem estopeendise is
due to those, wbo, having sulimellhed Ifisir messy for
the ereetien of the chapel, and la the aslioa that the sir.
~••• were to be ierforuird in the mei amalle adopted he
the • his of England, now And the impel closed uzeinst
then..

Mr. %will. on the part of Captain linsanTiet, would
gladly ailment to the course pointed nut by his lortlatip.
Mr. )1. Smith—The iu the way is that a majority
of the subeerthen aro in favour of the Lein cau-
tioned to the obl manner ; and if t►at r..anber i. opposed
to the interest of the I °h•trch of Eugland the Bishop has it in
his tto withdraw Mr. Heath hem*.

-The t
'hie( Justice - Mat what rnis.l would that do to the
whah toe. who have sub...ere...l thou motley with the
view that the service. of tho church according to the usual
peessetant olwerrance..houkl be performed in the chapel?
Ir. M. 51•nith 410 the other hand the majority of the
sa!r•ril.em like the rnn•le of coiullscting the service.
Mr. floral—Why sot let the bishop deckle how they
sho'..l h. ...o.lucted!

The 1•h: •f 'nuke The difficult• is here. These geuths.
toss say—Ws aubarnlae four money that divine service might
be I.rfonited according to the mode to which
we have bees accustomed, while the practices
is the l•hq Hill chapel 'savour altogether too much
It. lain eatholicvni. Now. undwihtedly, it is
ritermly hsnl ups) those gentlemen, that having so sub-
sett's"! this memory they shouldbe exelusled from the chapel
The vv-ar mar say, I h►ve a lepal right to tbo c 1 and I
will Dot allow you to interfere. Still, iosiating on his right,
same nenp•nution oli;lit to he made to those ~entlesties.
Mr. Beath. tj.C., suggested that the entire matter, in.
elnlin'f• the question as to how the services should be per-
!. rried in f stare, shout t be left to some retired judge to
determine.

Mr. M. Health could not agree to that. Perhaps his
learned friend would not he quite reedy to dement to
the latter part of bis proposal being referred to the Bishop
et 'Wad. Mr. Heath had no objection, however, to re-
limes to sane gentlemen at the bar the question of the
'W lot of eenpenrition to be paid to those enhaeribers
abe objected to the manner in which the Per-
sica were performed. At the same time as the term
Lob/tip Noel twee used in reference to those gentlemen
slo ~pry.-e,l to Mr. Hearth, it should be remembered
that Mr. Heath bad subacribed more tbau half of the whole
fud. whilst others had contributed to it as well besides
C sue Boampret and hi. friends.
The Chief Justice-1 ear, Mr. Smith, if these 'asthma's
du put get compensation, it would not simply be a hardship,
it rose,' he an iniquity.
Mr. Sinqh suit he was quite reedy on halal! of Mr.
liesth to lease it (or arbitration to determine what compen-
ar..a the, should receive.
_

rue thief Justice It .seem. to me that only two courses
etc .ors to the parties. Either it should be left to the
roper rrlerioua authority to settle how the services should
,•mincted, that is, to the bishop of the diocese ; or if
tLit is sot adoptetl, and that these '^ontlrmen object to the
Node in which the services have been conducted, that they
shill rreeive back their money.
If r. 11. Smith said he was quite prepared to recommend his
c:ieut to selopt the latter alternative.
Mr. Hos -It is not • question as to whether Captain
Bo.o.iurt shall receive the 1001. which he subscribed, but
trit•tlier the whole sum of 640/. subscribe,' by him and his
blonds shall be returned.
Mr. M. Smith Certainly. M
lk.sh.lr timount should be •
‘fter mme conference between th, respective parties.
Ott' smuts. sail the emus,' it was agreed that it should
refernd to 51r. Macaulay, Q.C., to Artemis, as to
return of their subscriptions to say 01 the subscribers.
I neon
..f tlic art cay
grounds which be might think M. The whole
ens pending were likewiee referred to the teamed
.nt rii to det• nob,' as to bow judgment ought to b•
entered up with Te.plki to them.
Tlce jury were then discharged.

is that

11; lIT, M. P., AT LEIDA. —A great meet-
in: was held in Leeds last night, to iaaugurate the Leeds
• ttaag Men's I'Arli.smcntas7 Reform Association. The
• was 11.1,1 in the Victoria Hall, and a
numlier of persona were present. Mr. Alderman
pre.i.l,l, and he explained in Ili. opening
i- • the puiseiesof the rilliociAtioe. They were to obtaia
• 'lt awl comprchen.ire measnre of reform, together with
tten.ion of the frasseliss, a protection for the
rder its the esercite of the franchise, sod • more
▪ 4 .bitole of the electoral district.. The mins-
t""" '.f parliament present were Mr. Ilr..ght, Mr. Raines,
la! Mr. Lesth,ini ; and au apology was read for non-
atuid.t sonic laughter sad applause, from Mr.
41. one of the menihers for Leeds. The resolutions
• Proposed l'y meml,ers of the amoeistion, and were
. .

by Mr !tunes, Mr. Bright, and Mr. I.eathatn.

retwirkshlo scene took piece at Accrington
r Three watches and sit pairs of biota weirs sold
in ord..r to raise the moo*, neosseary to
r.,ster does of the river. The watches belonged to
' •.4 .w. sol the lssits Mr. Newton. There was a
.• I pres,nt. and great excitement wee visible ; the
t• I perssi appearing to be the auctioneer. who
• • ,oter the jests and remarks .4 the erow.l. The
V. • • protected by policemse. The watched and
• • • .41. the latter to a pabmara ; sod the crowd,
its hilarity in different harmless ways.

•. . . -
. • :?‘ .11. per. •ti.
4),P...1101.1T17 Fin tiournat, Dzvoymint s-
-14 , , . • •rrir n. Nomme of pitOsif rdiev•d
• - '' - work ea. Dee. S arr—Mollial- . 1.1N4
'-'• •.. '44 ; total. I,7UG ; el whirl 500 was sow 0110111.

GENZAAL OUTPALL BILL POR ENGLAND
AND WALE:a-(TIM DAT.)

A public meeting was held at two o'clock,
at Hanover-square Rooms, to corker the MPS.
asey .teps to be taken to secure legialative facili-
ties for the improvement of outfalle and arterial
drainage generally. The chair waa taken by the Earl
of Romney, and among those present were Mr. W. F.
Hobbs, Mr. Skelton, Mr. H. Corbet, Mr. Bailey Denton,
and a considerable number of tenant-fanners, who have
been drawn to London by the cattle show.