The Express.
London, England, 1861-10-23 00:00:00

THE POLICE COURTS.

CIARKENWELL.

---.—...
The court was densely crowded to bear the argument. in
the case of "The Metropolitan Railway Company v. the
Vestry of CleikenwelL" The on.. arose out of a summons
which had been taken out by Mr. Boohoo, the solicito.• for
the parish of Clerkeewell, to compel the railway company
to pay penalties at the rate of U. per day for every day
from the lst of June last, under the provisions of the com-
pany's own acts of parliament., for not completing their
works at Coppice-row within the period prescribed by the
legislature, viz., four months from the time the company
took possession of the highway.
Mr. Poland, instructed by Mr. Boohoo, appeared for the
vestry ; and Mr. Holloway, instructed by Mr. Burchell, the
solicitor to the company, appeared for the company, and for
Mr. Jay, the contractor.
When the case wee before the court on the previous owe-
sloe an arrangemeot was come to between the parties that
the earth covering the roadway between Bowling-green-
lane and liarstreet should be removed, and the carriage
way be rendered fit for traffic to p over it. It was also
agreed that the summons should be adjourned until the 31st
of this month, the company undertaking to make the
necessary alterations as above. The company having failed
to perform their promisee, Mr. Boohoo gave them three
days' notice, which expired on Saturday last, but early on
that morning the work was commenced, and although all
the parties attended at this court on that day the case wee
adjourned until to-day.
A long consultation having taken place between the dif-
ferent parties comensed,
Mr. Poland Meted that what the vestry of Clerkeowell
hentediately wanted was the opening of the thoroughfare
between Bowling Green-lane and Ray-street.
Mr. Jay, the contractor. mid it was impounds to open
Rapirtreet at present without danger, as the tunnel was now
being constructed seder it.
Mr. Burehell mid he would undertake to apply to the Cor-
poration of the City of Loudon for leave to construct a
temporary rood over the vacant space next the workhouse.
All that could be done had been done to open the traffic,
and be had very little doubt but that the Corporation
would give their sanction to the foemation of the temporary
reed over this ground.
The case, after a long conversation, nee split adjatord
lentil the 31st, the company undertaking to do all they could
to open a new rued.

Thomas William NOIIO4, an elderly man, late collector
of the poor, general, sewer, and metropolitan drainage rates
is the north district of the parish of All Saints, Poplar,
upon an adjourned summons taken out by Mr.
Esekredroi solicitor, of Crosby-square, which charged the de-
fendant with wilfully neglecting and refusing to pa the
sem of SOO/. to the trustees after be had received modes in
writhes from their clerk.
Breton, a barrister, instructed by Mr. Baker, @eli-
citor to the trustees, oonducted the prosecution ; Mr.Jceeph
Smith, solicitor, defended the accused.
The case (the circumstatioss of which have been already
placed before our readers) having been fully goes into,
Mr. Woolrych said he had listened to the arguments of
the primmer's advocate with great attention. He was of
opinion the proosedinge were commenced within six months
after the commission of the offence. He was also of opinion
that the action brought smart the defendant was no bar to
the present summons, and that Mr. Nation was properly
proceeded against under the local act. He did not think it
essential that the defendant had not tho money to pay the
trustees. It was ipso facto owing, and the neglect or ina-
bility to pay the 8001. constituted in law • wilful default or
oeglect. He was also of opinion that the trustees were em-
powered to receive boxds and sureties to indemnify them-
selves against any deficiencies or defalcations of their opt.
tutors, and to sue upon those bonds. The prosecutor had
fully made out his mac., and a distress warrant must issue.
Mr. IA Breton—For 8004
Mr. Woolrych—Oertaiuly.

WEATHER REPORT.

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