The Express.
London, England, 1861-05-23 00:00:00

LLOTD V. [MAW.

This action was brought to recover compensation in
damages against the defendant for breach of contract,
in not letting the plaintiff have a lirst•elses cabin in
• vessel called the Frenchman, which wee to erg
for New Zealand, mid at the trial, which took place before
Yr. Justice Wightman, the jury returned • verdict for the
plaintiff, damages 100 f. Subsequently a rule was obtained
for a new trial, on the ground of misdirection by
the learned judge, and that the verdie• was against the
evidence.

_ .
Mr. Hawkins and Kr. Kerslake were now heard
the rale ; and Kr. K. Chambers and Mr. Vaughan Wl=
in support et it.
The court discharged the rule.

COURT OF COMMON PLEAS.-MAT 22.

Sittings in Brinco.—(Before Lord Chid Justice Erie and
Justices Wines and Bytes.)

OF lIMIIII7PS.

Ili' was an action &pied the Sheriff of Surrey to re-
cover damagm in oonsequeaos of one of h cakes having
allowed a person named Knight to go at large attar ►e had
been arrested for a debt of 531. 13s. M. at the suit of the
plaintiff. At the trial before the Lord C►itf Justice the
jury were of opinion that Knight's pecuniary eincumstaaces
were ouch that the plaintiff had sustained no damage incon-
sequence of his being set at liberty, and accordingly a ver-
dict was entered for the defendant

Mr. Archibald now applied far a rule to enter a verdict
for the plaintiff for nominal damages under the following
circumstances :—On the way to the lock-up Knight pro-
duced a protection from the Insolvent Court, which was
dated six or eight mouths before the arrest, sad which pur-
ported to be operative &pled all debts whatsoever; but it
was contended that this document could have no effect in
reference to the plaintirs debt, which was not contracted
until sitar the protective was panted. Supposing however
it were operative. it was submitted that it could not be set
up under the only plea on the record, that of not guilty.
Rule granted.
HOLLIDAY V. THE VZSTRT OP RT. LEONARD.R, IHORED/TCH-

The plaintiff in this nee was driving home on an evening
in September last, and on his way through Shaftesbury-
street, Huston, the wheel pawed over some stones which
bad been placed in the roadway, and he was thrown out and
hurt. The stones were surplus material from a paving job,
and they had been plead in Shaftinburvetreet with •
view of paving a muddy piece of footway. by the direction
of Mr. Freelxxly, the pariah surveyor, without any order
from the vestry. The plaintiff claimed damages from the
vestry, and at the trial before the Lord Chief Justice •
verdict was entered for the plaintiff, subject to the opinion
of the court. Subsequently • rule to enter • verdict for the
defendants was obtained, and to-day cause was shown against
this role being made absolute.
Mr. Eierjeant Shee (with him Mr. Feuds and Mr. Gall-
way) appeared to show cause, and contended that the
:Vlwere liable for the act of their surveyor in placing
M! upon the reed ; sad that, therefore, the action
was maintainable.

Mr. Raymond (with him Mr.W.Wdliamsl. °label:mil of the
vestry, submitted that the cone mane within the principle
laid down in let Chitty on Pleading, that trustees and com-
missioners acting gratuitously in execution of acts of parlia-
ment for the benefit of the public, and entrusted with the
conduct of public works, are not liable in damages for an
injury mused by the negligence or unskilfulness of work-
men and contractor; necessarily employed by them in the
execution of the works.
The court were of opinion that the principle contended
for by the defendants' counsel was well recognised and
soundly established, sad therefore that the defendants
were not liable.
Rule absolute.

COURT OF BANKRUPTOY.—MAT 22.
(Before Mr. Commissioner Poohlongue.)
m an J. C. YOUNG.
The bankrupt Ins $ vietseller, of Kingsland. He owes
1,01111. ; meets stated at 2401.
Mr. Lures opposed for the assignees, who charged the
tankrapt with keepiog tack property to the amount of
upwards of 1001.
After bearing Mr. LIWTSIICO for the bankrupt,

His Rower divided ma adjournment for three weeks, and
refused to Oalitialle the ellowsoce.

II 116 NORRIS AND NORIII9.

The bankrupts were beldam, at Hackney. This wag the
examination meeting. Labia, 1,6391. ; assets returned at
9901.
Mr. Chidley, for the amalgam, offered no opposition, and
the bankrupts passed.

IN BE ELIZABETH

The bankrupt, a widow, had carried on ner late bus-
baud's business es grocer and druggist, at March, in the
county of Cambridge. This was th•auuninatio• meeting.
The accounts, prepared by Mr. Hutton, show unsecured
debts of 314X)71. ; assets, 71101. ma bulk of the property is
held by, matured creditors.
M'r. Lawrence, of Bread-street, appeared for the assignees,
and stated that, as the accounts bad only just beer filed, an
adjournment would be necessary.
Adjourned accordingly.
IN RN w. rowtn.
I The bankrupt, a grocer, at Bradford, in Yorkshire, applied
for his certificate. The bankruptcy occurred upwards of
two years ago. The debts and liabilities are 7,4101. ; the
assets, stated at 3,7001., have yielded'• dividend of a little
over fie. in the pound. •
Mr. Bagley opposed ; Mr. C. E. Lewis supported.
The bankrupt was brought up in cuatedy from the
Queen's Bench prison, where he has been since December
last.

Mr. Bagley said the Reigned' asked for a total refusal.of
the certified*, but did not desire that the bankrupt should
be longer imprisoned.
His Honour maid that where • certificate was refused
altogether it was incompetent for the court to grant pro-
tection.

Mr. Bagley referred to the case of `, La parte Nicholson,"
where the Lords Justices had granted protection.
The Commissioner—The Loses Justices may be strong
enough to repeal an act of parliament, +but lam not I be-
lieve all thel have dune is to jive protection proprio marts,
for what it is Worth, leaving any partite to dispute it if they
allow to do_ 'ea. _ . _

Mr. Bagley—Would your honour hare any objection to do
the same
The Commissioner—l should undoubt•My. I isighttake
• medium oourse—auspeoil the certificate for die longest

period, and then gratdproteetien.
The ease was partially ger into, endow then *atoning&

THE POLICE COURTS.

YANBION•HOOIL

Mr. Henry Hitclainp, al No. 49, Leg Williansetrest,
City, ship broker, appeared before Ilia Led. Mayor,
in answer to a sununons, charging hint with eviirsich of
the 73rd section of the Passengers Ad, 1161, which pro-
vides that "any question which may arms respecliag amp
breach or non-performance of any stipulations in any con•
tract ticket may, at the option of any passenger or cabin
pietism interested, be dealt with summarily ; and if it ie
found that • breach of the round has ban committed, the
=may be awarded such damages or costs as She
my think It, not exceeding in any awe tha,
Amami if . the plumage money speeded is the contract ,
ticket and 20t.•
r The complainant, Wm. Woodbine. stated that oa the tnit
May he engaged • passage . ter himself sad wile to New
York, and paid 81. for • second cabin. mai IL Ik.
for • railway pass to Liverpool. Mr. itching', who is the
agent of the vessel, mid it was a heastatill wawa, fitted up
comfortably, and that be and kis wife should have • cabin
to thensedvas. The venal was to mil on She Pith of May,
sad he accordingly went to Liverpool, and of going on
board he found there was no such thing as • cabin in the
vessel. Boos deal planks were nailed together to form •
partition, and fitted up to bold eight persons.
• The Lord Mayer asked him if there was se slrylight
The complainant said theta was not ; the place was dark,
and men and women. single and married, were all exposed.
He asked if that was all• the table they had, and was told
that was all, and if be did not like' it he °odd Pis. He so.
oordingly left the vessel.
The &deadest denied having promised the ' t •
cabin to himself, and said that the vessel to
Messrs. Baring Brothers, and was fitted tip as all
verde are, and certified in the usual manner. Ha aid that
he bad returned the complainaat If. voinatiwily.
The Lord Mayor asked the am plaisawk fir his instinct
r= and on radio. it he siiidtbal it eilisidelied that he
be provided with a segos& whin gyp.
The eomplainaat mid it was net a label at all. and he en-
der tood that he was to have • cads to Maiself.

The Lord Mayor sad iir:i";.;;;-•;;;;IN77.11.4 evidence,
and it was impossible for hiss (the Lord Mayor) to say
whether the cabin which was skews to the defendant mane
under the class of second cads. It was impossible for •
magistrate to adjudicate is such a matter.
Hr. Goodman (chief clerk) asked the complainant if he
went to the emigration caw of the poet?
The complainant said ha did not.
Mr. Goodman said be ought to have does so, and he
would have surveyed the vessel and given him a isertificste.
The Lord Mayer said that the complainant's idea About a
comfortable cabin might be different from other people's.
Some, who had not Imen in a very good way of life, would
perhaps think it a very good cabin, while others might be
of his (complainant's) opinion. The question was, was that
as good a cabia as could be reasonably expected for 4/. ? He
himself thought that he mold not expect anything very
beautiful or very comfortable.
The summons was dismissed.
MARLBOBAAJOHJITHEr.
_ _ .

Panay Pries, a yeses woman, was sbargpd before Mr.
Tyrertitt es follows. Mr. Edward Lewis, of Great Marl-
borough-Asset, appeared for the complainant.
Mr. Henry Charism Codewie, master tailor, 95, Great
Conduitstrent, mid the prisoner's husband bad been in his
employ about 10 years, and was a very respectable may, but
he was sorry to may that the prisoner wee a woman of a very
drunken ohmmeter. On the prewissaday she came to his place
of business very drunk, and on his entering the workshop,
where several men were employed, be found her fighting with
her husband and several of the workmen, and throwing the
whole placeinto the greaten disorder. He had seriously to
complain of the annoyance be suffered from her for about
four years, as every time she got drunk, which was very
frequently, she came and created • disturbanoe, and col-
lected • crowd round his house. She need very threatening
and was only just liberated from prison, where
she been for three months for annoying him.
Primes said she thought it better to be in prison than
to be about the strrts. Her husband allowed her nothing.

Mr. Curlewia said that was not true.
Mr. Tyrwhitt, referring to the charge-sheet, said she wee
Daly charged with being drunk, and he could only deal with
bovine that. She ought to have been charged with assault.
He should floe her 10s., or one week, and if she came again
she would have three mouths..