The Express.
London, England, 1861-05-30 00:00:00

THE POLICE COURTS.

The case against Mr. Kelk, the builder of the Greatlnter-
national Exhibition of 1862, at South Kensington, for not
giving two days' notice to the district surveyor before com-
mencing the works, was resumed, but Mr. Donaldson, the
complainant, was not present on account of illness.
Mr. Donaldson, solicitor, again supported the summons
on behalf of his brother ; and on this occasion Mr. Fled-
gate, the solicitor to the Commissioners of the Exhibition of
1862, attended for the defendant.
Mr. Fladgate said that he understood the cue had stood
over for the Metropolitan Board's approval of the plans.
He had sow received a formal approval of the pleas from
the bawd, and • copy had been sent to the district
surveyor.
Mr. Donaldson admitted the receipt of the plane, which
were produced. He argued that the jurisdiction of the dis-
trict surveyor was not superseded by the Board of Works,
and that in every building, whether iron or otherwise, not
specifically mentioned by the act as exempted, the district
surveyor was entitled to receive the notice.
Mr. Fladgate, on the other band, contended that in all
buildings which were inapplicable to the rules of the Building
Act they were bound to apply in the first instance to the
board for their approval of the plans.
Mr. Ingham put it to Mr. Donaldson as to where the use
would be, if a builder intended an iron building for erection,
to give notice to the district surveyor, when he would be
bound to go to the Board of Works for the approval of his
plans.
Mr. Donaldson said they could not tell what building
would be erected, and as the surveyor was required to be
vigilant he was entitled to receive notice on that account.
Mr. Ingham inquired who made application to the Board
of Works!

The defendant said it had been made by the commis-
sioners, and after the weeks had been commenced. He also
said that the question was not raised in the building et the
Horticultural Gardens. He was the builder in that ease,
and had expended 100,0001., and the exhibition was to be
carried out in the same way.
Mr. Donaldson said in that case a notice erse given before
the works ware commenced.

Mr. Ingham said it struck him, without giving a formal
opinion of the cue, that if they had followed the directions
of the 56th section before they commenced to execute the
works, it would have been sufficient.
The defendant said that, while the commissioners were in
communication with the Board of Works, he seat a letter to
the district surveyor apprising him of it, and telling him
that he did not like to interfere with the two bodies.

Mr. Ingham thought that would amount to a notice.
The defendant said the letter was read on the former oc•
elision. He also said that within ten hours after the letter
was sent he received the summons.

letter was received.

wee obtained before the

Alfred Williams, assistant to the complainant, was
called as a witness., and stated that he first obam red that
the works had commenced a month ago last Monday. He
called Mr. Donaldson's attention to them on the same day,
and a letter was sent to Mr. Kelk, requiring a notice. They
had no reply, and on the following Thursday, he (witness)
was desired to obtain a summons, which was granted. On
the following day Mr. Kelk's letter was zeoeived.
The defendant said the summons was served en Friday
evening.
Mr. Ingham said they hail no right to begin:the:maks
before giving two days' notice.
The defendant said he quite admitted a notice ought to
have been given.
Mr. Ingham said he should inflict • nominal penalty of
la., and 3. costs.

,
Yr. Donald/on applied for larger costa, as it was a
question of some importance to the complainant.
Yr. Ingham ultimately allowed a guinea costa, which was
immediately paid.

LONDON CHARTERED BANK OP AUSTRALIA.

The following is the report of the directors to
be presented at the ninth ordinary general meeting of the
proprietors on the 7th of June : 1. The present being
the period appointed by the charter of incorporation and
deed of settlement for the yearly meeting of the company,
the directors DOW place Wore the proprietors their ninth
annual report, accompanied by the accounts, duly audited,
showing the state of the bank's affairs to the 31st Decem-
ber, 1860. 2. Although failures of some magnitude have,
during the poet yes ,r occurred in the colonies, the directors
are gratified to lie able to report to the proprietors, that no
looms of any importance have been sustained by the bank,
' and that the year's operations may be viewed as satisfactory.
The vigilance and martial exercised by the inspector, Mr.
Bramwell, aided by the other executive officers of the cor-
poration, have in greet pert contributed to produce this
gratifying result, and merit the acknowledgments of the
proprietors. 3. Adhering to the policy of strengthening the
reserve fund, which has already had the approval of the
shareholders, the directors propose out of the half•year's
profits to add thesum of 10,0001. to that fund, which will
then amount to 45,000/. To the colonial building fund,
I the directors propose making the usual half-yearly addition
of 1,5001., which will then amount to 6,0001., which the
' directors recommend should be appropriated as stated in
the next paragraph. 4. The bank's promisee at Sydney
having participated in the general depreciation whkch has
affected house property in that city, the directors coed-
, dered that a re-valuation of this asset of the tank was expe-
dient, with •view to ite being placed at its actual market
value in the books of the corporation. Acting on the result
of that valuation, the board now propose to write off the
sum of 3,0001. from the cast of this property, debiting the
amount so written off to the 'Colonial Building Fund,'
which it will be in the recollection of the proprietors was
created in order to meet contingencies of the character now
under consideration. The balance standing at the credit of
the above fund will be applied in reduction of the cost of
the other freehold properties held by the corporation in
the colonies. 5. The latest advice, from the colonies ex.
tend to the 25th March from Melbourne, and to the Mid
March from Sydney, and represent the position of the
bank's aft...imam satisfactory. 6. The accounts appended to
this report are made up to the 31st Decaniber last, from
which it appears that after the usual deductions, and also
after making allowance for bad and doubtful debts to the
full amount recommended by the inspector, there remains
to the credit of profit and lose the sum of 43,848/ 4s. 10d.,
out of which the directors recommend that a dividend be
declared for the half-year of 34 per cent, free of income
tax, and that a sera of 10,0001. be placed to the reserve
fund, also that a sum of 1,5001. be placed to the Colonial
Building Fund, leaving to be carried to next account a
balance of 7,848/. 4s. 10d. 7. The directors and auditors
now go out of office, but being eligible for re-election they
offer themselves accordingly."

MURDER ON BOARD AN AMERICAN SAIL
Maurice M'Connan, an Irish Yankee, mate of the American
ship Mongolia, was brought up before Mr. Raffles, the
Liverpool stipendiary magistrate, yesterday, charged with
having murdered Charles Brown, a coloured seaman, on
board that vessel. The Mongolia left New Orleans for
Liverpool on the 3rd of March, and a few days afterwards a
quarrel arising between the mate and Down, the mate
struck the letter on the head with a revolver, and knocked
him insensible from the topgallant forecastle on to the
deck. Brown's wounds were dressed, and in a few days be
was able to resume work. On the 11th of April they again
quarrelled, while Brown was sitting on the deck repairing a
matting, and the taste struck deceased with an iron belaying-
pi n. besting in his skull end knocking him insensible on to the
deck. Brown was takes into one of the state cabins and his
wounds carefully dressed, hut he died from the effects of the
inste's brutal ill-treatment on the 13th of April. In each
instance the captain of the vessel had interfered to protest
the seaman, saying that he would not permit each abuse on
board his ship, and he put the mate into irons and brought
him in that condition to Liverpool, where he made the pre-
sent charge against him. From the depositions it appeared
that while in cootioernent the mate bad seat a note to one
of the witnesses, promising him 1,000 dollars if be would
state that the deceased before his death had said, "It was
all his own fault." The prisoner admitted that he had struck
the deceased with the belaying-pin, but said he did so in
self-deform, Brown having drawn a knife upon him. A
knife had certainly been picked up on the deck where the
deceased was found. Id 'Gorman was handed over to the
American Consul under the terms of the extradition treaty,
to hs tried in America.

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