The Express.
London, England, 1859-11-15 00:00:00

TEE EXPRESS, TUESDAY EVENING, NOVEMBER 15 1859.

Lab) intelitetna.

OOURT OF QUEEN'S BENCH.—Nov. 14.

Shaw is Braco.—(Rains the Lord Chid Judos, Kr.
Judas Hill, sad /dr. Judas Blicabani.)

The sown wee rectipied the polar pert of the day with
tbe "Peremptory Paper."

DIM •. TZI liiiIIITIBLZ Oki crogralnr.--ntrowrarr TO

OAS COMIIVIMB.
In this ore a rule wee obtained brit term on the motion of
Mr. Pewee. en tweaff of the pilk the owner, of a house
la awn the MI riadinte to show Mee
11,117711="40CICC theatti 500 Imo against than netreining
us hOte cutting off the pa from the plaintiff's premisestt: trial of en action between the plaintiff end the
for unlawfully depriving her of pa. The appli-
cation woe made under the 82nd section of the Common Law
Presiders Act

- -
Then mime little difference between the perinea@ to the
mot state of the lane, but substantially the question rained
is, eau a gas company, which has supplied gm for sane
time quarterly, soddenly eat off the supply of gin on the re-
fuel of the householder to pay for the gas in advance ?
appears that Mrs. Data had been supplied with gas by
the emirmy from March. 1868, the gas being Paid foe
=. The payment for the quarter ending Indy y-da , fat not made until the 9th of April, and lmMstaly
siter'it was paid • sum of 61. was demanded as • deposit by
the company, or murky for the next quarter. This Mrs.
Disks refined to pay, and immediately her gee was cat off.
such treatment Mrs. Dicks remonstrated, end after •
the ea was let on attain, but only for a time, for it was
subseqnsany again cut off. Taersapon Mrs. Dicks served
the seen terry of the company with • writ, and brought an
action against them for wrongfully depriving her of pa,
her contract with the oompeny being that they should supply
her with gee on her paying for that wed by herin each pre-
ceding "arta'.
This was the plaintiff's view of the ems.
Mr. O. Daman now showed ems against the rule. Ms
main question to be decided woe whether the company
wee obliged to go on supplying gas upon credit in every
me where it might have happened that they had been sup
plying it subject to quarterly payments, no matter how
Insolvent • householder might be suspected to be. The de-
fendant's affidavits showed that it wee became* of the diM-
catty they experienced in obtaining the stun of 41. la. (the
quarter's rent dos on Lady-day) that the companyinidsted for
the future on being paid in advance. Surely the court would
not hold that the onepany were bound to supply every adven-
turer, who might happen to light upon a area, with gas on
credit. EMI there was no contraot whatever between the
defendants and the plaintiff, end it expressly required the
wel thsconipeny to enter into one.
es
as, ready to enter into • rewash's
Miran

Mr. Julies Blackburn rid en injunction was only greeted
wham SS Irreparable injury would be the aooeegneus of a
pertisiffer coarse being persisted ht. Here the plaintiff
could recover damages in en action.
Mr. Justine Hill—As the materiel forte here are not in
dispel% why not turn the question at Woe into a special

Mr. Denman said his clients would be examdingly glad to
de sot as the company desired to have this very sezions point
ettied.

Mr. Pearce meld the plaintiff would give anstrity for cos*
K nerassarf.
The rains =injunction was that solaced tobedischarged,
the COMB to be costa in the them