The Express.
London, England, 1861-05-24 00:00:00

THE EXPRESS, FRIDAY EVENING, MAY 24,

motion. became the desire of the Admiralty was to carry
out the recommendations of the commission ; but his trusted
that the hoe. putienian would not press it, insomuch ea by
the rules of the house, if he should carry i*ibtey would not
to be able go into committee of supply to- t.
Admiral WALAJOTT was glad to End the mem-
nuaniLitions of the commissioners were to he adopted. He
admitted, after reading the report, that even if Sir H.
Walker had been in Eniclood, he could out have furnished
say additiesi information.

lair H. WILLOCi;1111Y gave credit to the government
for the beet isteatimpi, but considering the large sums de-
voted to Use envy, the country ought to be bettor satisfied
that they won pro's rly expeoded.
Mr. DALCUSH did not see that the Duke of Somer-
set deserved say credit for exerting himself towards the
amialiosatioa of the navy. His predecessor., fitr J. Graham
and Sir J. Pakisigtua, deserved far more of the country by
their exertions.

lir. LINDSAY oilseed into details to show the waste
sal extravagssee prevaltst in the construct on of war
Teasels

J3ir J. PABINGTON questioned theme statements, point-
ing out that it was ant fair to compere the system of con-
structing ship at war with that of the construction of met-
chant venssis.

tiir F. SKIM withdrew his amendment.
AUSTRIA.

Mr. GRIFFITH asked the First Lord of the Treasury (is
the slow* of the Secretary of State for Foreign Affairs)
whether information had bees received that the Austrian
government were removing the troops of the late Duke of
Modena from the temtory of Venetia; and also, whether
that government were transferring troops from Mantua and
other fortresses in Venetia to Hungary, for the purpose of
the coUectioe of taxes in the latter country.
Loyd J. ItURSELL—With reference to the immediate
goestioo which the hoe. gentleman has asked me, I have
only to say that no information has been received at the
Foreign.oftice with respsct to the removal of the troops of
the late Duke of Modena from the territory of Venetia, or
that three troops have bees employed in Hungary in the
collection of the taxes in the latter country. I do not
think I am at all called upon, nor would it, I think, be for
the convenience of the house—(hear, heal—that I should
enter upon the question of Hungary. But the hoe. gentle-
man would misunderstand me if he supposes that I have
given any opinion in favour of Austria and against Hun-
puy. I cal y expressed a wish that the Hungarians might
have their liberty in accordance with their ancient coastal°.
tine, and that the enjoyment of those liberties might be
found compatible with the maintenance of the existing do-
minion of Minnie.

• report of • committee was laid on the table, as that might
Impostponing it for an indefinite period.
Mr. CONINGHAY moved that the chairman report pro-
gress. It wee not • question of an item but of a pest
system of expenditure, which he for One was determined to
set his face against.
The motion was agreed to, and the house resumed.
BOUNDARIES OF BURGHS EXTENIION
(24110TLABDI BILL.
Bill read • second time.

Lord Chief Justice in Surrey a verdict was entered for the
plaintiff, but subsequently a rule was obtained to eater a
nonsalt upon the ground that the defendants were relieved
from 'Utility by the terms of the passengers' ticket. This
rule was argued some time ago, and to-day judgment was
given.
The Lord Chief Justice said that two questicns
had been argued ; the first point relied on being
the construction of the following condition :
"In case of the lose or detention of the ship
during the voyage by any of the accidents of navigation or
by dangers of the seas, on liability of any kind is to attach
to the proprietors ;" and upon this part of the ease the
court gave no opinion. The second matter relied on wee
the construction of this further condition :—" The ship will
not be accountable for luggage, goods, or other description of
property, unless bills of lading have been signed therefor.
FAch passenger allowed 2U cubic feet of luggage free ; but
no jewellery, bullion, he., will be carried as logpge." This
condition consisted of three parts, first that there must be a
bill of lading, the object no doubt being to have some secu-
rity against fabricated claims. If this part were taken by
itself it was decisive against the plaintiff, for he had
taken no bill of lading, but the contention of the
plaintiff was that you must read the first part in con-
nexion with the second, that each passenger was
to be allowed 20 cubic feet of luggage free, and that
the second part was an exception out of the first,
so that it must be read that the ship would not be account.
able unless a bill of lading were takes for any luggage be-
yond the 20 cubic feet. The court were of opinion that this
was not the true construction of the words. The stipula-
tion for a bill of lading as a condition for being accountable
was anateolute cocilition. The plaintiff further contended
that as no bill of lading was offered to him, the defendants
could not take advantage of their condition ; but is this
contention the court thought that the plaintiff failed. If
the plaintiff had offered to take a bill of lading, but could
not get it, there would have been pound for the argument ;
but there wee no evidence that the plaintiff had offered to
do so. The rule for • nonsuit would therefore be absolute.
Gums AND ANOTHILA V. 1108WALL.—DANAGING A SUBIIA•

RIWR TILItuRAPIL
This was an action to recover damages, upon the ground
that the defeoikot had isetigated a working man, named
Curtis, to damp • submarine cable by driving a nail into
it whilst it was being kid down between the comae of Eng.
land end Holland. The sae was tried before the Lord
Chief Justice, when the jury found for the plaintiffs ; but
subsequently • rule wee obtained for a new trial upon affi-
davits to show that the 'Wry told by Curtiss to the mode
is which he had damaged the cable, and se to other circum-
stances, was extremely improbable. To-day cause was
shown against this rule heft made absolute.
Mr. M. Chambers' Mr. Clemby, and Mr. Bidder appeared
to show cause ; and Mr. Bovill, Mr. G. Denman, and Mr.
Quoin to support the rule.
The case was not concluded when the wort rose.
Sittings at Nisi Prim In Mlddlesez—(Before Justice Beating
and • Common Jury.)
HISBIRD e. 11111101 NT.
The plaintiff in this'oue bad at the end of 1855 made an
arrangement with hisrcreditors, of whom the defendant was
one. The defendant was the bolder of a 2001. bill, which
he had mislaid, and the plaintiff gave him soother hill in
lieu of it, so that he might prove his debt. According to
the plaintiff's case, the defendant however proved upon the
Bret bill and negotiated the second, which the plaintiff was
&Berrien!, compelled to pay. This present action was to
recover the amount so paid.
The defence was that the defendant had proved his debt
upon the second bill given him for that purpose ; but that
there was • third bill for 2001., and this was the one upon
which the plaintiff bad been sued.
The jury found • verdict for the plaintiff for 210/.