The Express.
London, England, 1868-02-08 00:00:00

BAIL COURT.—Faz. 7.

After Term Nin Prins Sittings at Westminster.—(Before
Mr. Jaen°. Shoe end a Common Jury.)

BELL AND ANOMIE V. CEDRIC AND OTHERS.--311111
ARAB TROUPE.
'MU was an action to recover a balance of 94/. for

alleged breach of °attract.
Mr. I)igby Seymour, Q.C., and Mr. Murphy were counsel
for the plaintiffs ; Mr. 51. Chambers, Q.C., and Mr.
Thomas appeared for the defendants.
The plaintiffs are the proprietors of what is known as
Bell and Mims America.° Circus and Menagerie, and the
defendint, Mshomed hen Fd Chink, is the chief of a
troupe of 10 Arabs, who had. been engaged by the plaintiffs
as acrobats, and who had travelled with them over the
continent, and performed to the great satisfaction of the
numinous audiences who attended the performances in the
plaintiffs tour through Feline.. The claim was two-fold.
First for 34/., being a deduction of 21. per week for 17
weeks during the absence of one of the troupe from illness
at the end of which time he died. By the contract the
plaintiffs were to pay the troupe 201. per week,
and in case of any breach of it on the part of
the latter they were to forfeit and pay
a sum of 2,000 f., or ea. in English money. The Wee. I
ment was made at Lyons, and they performed in
France up to the time of the alleged breach of contract.
The deceased Arab was the chief, but when he died Cbirk
was advanoed to that dignified position, when the plain-
tiffs said he demanded a higher rate of pay. The plain-
tiffs, when the man was taken ill, claimed to deduct 2/.
per week for his absence, but as the managers were at their
mercy, fearing they would leave them, as they had been
announced in bills printed at Bradford, in England, and
circulated in France in advance, the money was paid under
protest. Oa their arrival at Jersey, the defendants were
again informed that the money that bad been paid under
protest would be deducted in future settlements, upon
which the defendants, without notice and without making
compensation to the plaintiffs, departed the following day
from Jersey, and it was subsequently ascertained that they
had entered into an engagement with Mr. Sanger in Lon-
don at a probably more lucrative salary.
Jem Alters was called, and deposed to the above facts.
When be spoke to them about the deductions, defendant
said, " I have left you once, and I shall do so again. You
know you cannot get along without me." They once
before left me, and I had to return 100). to the audience.
When they left I had to hire two female and one male
riders, and a tumbling clown.
In cross-examination, he said—When Mace and Sayers
were with me I had about 100 lOW/ with each. (Laughter.)
It was not about paying them. If I had not paid them
they would have paid me. (Laughter.) I did not tell the
defendants that as trade was bad they must take 15/. per
week.
Thomas Smith, the treasurer, said the defendant Chink
said that if he was not paid 201., he should do a
" bunek') --(laughter)—antl to his surprise he found on
the following morning that he had " hundred." (Laughter.)
51r. Seymour— He eloped, but not with the fair maid of
Perth. (Laughter.)
The defence was a total denial of the plaintiffs' cane.
Although the deceased Arab was away from the circus 17
weeks before he died, his place was supplied within three
weeks, not with • green Arab, as Mien said, but a clever
practised man ; and that, so far from the breach of contract
being on their part, the action ought to have been by them
against the plaintiff. for a breach of contract on their part
in not paying the stipulated weekly salary.
The defendant Chick was called and sworn on the
Khoran, and having given his version of the case,
The jury ultimately returned a verdict for the plaintiffs
, for 941., 141. paid under protest and 801. for the breach of
' • contract; but the learned judge gave the defendants
rr Ileave to move to reduce the verdict by 80/., the penalty on
the breach of contract.

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