The Express.
London, England, 1862-05-07 00:00:00

(Before the Nester el the Rolls.)

ELWELL E. CROWTHER.
This as, involving important qucetions upon the law in
reference to grants of stream of water, occupied the court
swirly all day, and will be rammed to-morrow (Wallies-
dayi.
Mr. Lush, Q.C., Mr. Beggallay, Q.C., and Mr. C. Ball,
are for the plaintiff ; and Mr. Follett, Mr. Selwyn, Mr.
Southgate, and Mr. Druce, for the defendant*.

(Before Vice-Chancellor Wood.)
THE ATTORNITT•OI/11ZRAL AT THE RZLATION OF RAZOR
BOTIMICKILD P. THZ lIIRCIRIS' COMPANY.
This information and snit form a remarkable instance el
the difilculties surrounding the acquisition and transfer of
land. So far back as 1858 pa were taken by the plaintiff
and relator, Baron RoLhsche
tld, to acquire an estate known
as the Aston Clinton estate, which was held by the de- I
fondants, either as trustees for or as owners, subject to a
charge in favour of, St, Paul's Schoch At first the baron
wished to buy the land, but that not being agreeable to the
corporation, be undertook to purchase an estate to be con-
veyed by him to them in etc-bangs for the Aston Clinton
property. lie accordingly did boy an estate is Bucks, and
an agreement to exchange was come to between the pasties.
Rather, perhaps, it ought to be said that the parties agreed
to exchange, for no " agreement" was ever came to between
them, unless an agreement to differ be in that category.
For when they had agreed, the "agreement" bad to bs
drawn up and sealed. And here commenced a pomp of
aims which has extended over more than two years, and is
not yet at an end. The agreement was drawn by one aide,
and sent to the other in draft in due course; then arose •
long correspondence between the legal advisers of the parties
as to its provisions ; then there were references to counsel,
and learned, if not concurrent, opinions taken about it ;
then the draft went back altered, in red, to the original
drawers; then there was more correspondence, more opinions,
and more alterations; and so the draft went back again
altered in blue. This 'desiring but not economical operation
was repeated oftener than twice, at each transfer the draft
shining more and more like • very rainbow of coloured inks.
and the parties exchanging, with their learning, just a little,
perhaps, of their temper. And then came retribution and
the Court of Chancery, when the dispute was put—taking
the main points from an immense WWI of detail—in this
wise : On the 12th of July, 1511, Dean Collet, of St. Paul's,
executed a deed of feoffment to the Worshipful Guild of
the Mysterie of Mereerie, granting to them certain estates
at Aston Clinton, which were to be subject to ordinances to
be made by him relative to • school in the churchyard of St.
Paul's. These ordinances were made by the dean, and from
that time the profits of the lands in question have been
mainly devoted to the purposes of St. Paul's School, end
the surplus of them invested by the company in the funds.
Whether or not, however, the company were actually
invested with the property as mere trustees, or whether the
school has only • charge upon it to a certain amount, is a
matter in dispute. Proceedings to raise this question were
taken as early as the reign of Queen Elizabeth, but the
company then stoutly denied the trust, and alleged they
had duly fulfilled all that could be required of
as will be seen by the following ett=l
from the answer which they then filed in this court;
"And these defendants say that the said complainants, and
especially the said bights master, being more proud and into-
lent, sit Nemeth, than any of his predecessors were, or
any other the like, blusheth not to intrude himself, and call
unto him the other complainants to intenneddle, and the
chief° governors, where they are to be served for malaria
and wages. And they say they take it hardly to be so
taunted, rayled on, slaundered and troubled by such fac-
tious, turbulent malepart fellows as the said complainants,
for the said defendants say that as the said founder, • worthy
and memorable man, of • most charitable and godlie mynde,
to his great costs and charges, founded the said whole, and
endowed the same with lands for the mayntenance thereof,
so their predecessors and they have in discharge of their
dutie to God, and love towards their countrey, executed the
trust reposed in them to the great pains and troubles of many
of the saidoompany,and hioderimce from theireowneffain and
business, and not for any ga or pfist that reptant* of them
ever reaped thereby, which denserveth better a and
rewarde of men than obloquie and asunder both to the
defendants now Vying and theirs pdcamors demised."
This question as to how and in what manner the company
are interested in the lands turned up spin upon the pro-
posed exchange, and while the company insisted that they
could convey without the sanction of this court or of
parliament, the baron contended that one or both of
these authorities must be invoked in order to
give him • good title. The baron, therefore, instituted
these proceedings, both with a view of compelling the com-
pany to make she exchange and of obtaining the necessary
sanction to its being carried out. A further questian was
also raised by the company as to the adequacy of the value
of tbe estate proposed to be given in exchange.
Mr. William James, Mr. Gifted, and Mr. Druce were for
the baron ; Mr. Bolt, dir 11. Olin', and Mr. Dickenson for
the company.
The Vice-Chancellor reserved his judgment.

COURT OF COMMON PLEAS.—MAY 6.
Bitty pin
Juatices Buseo.—(E
Wlefee Bylea aad Keating.)e Laid Chief Justi Ede sad
ce

LEANLY r. rasnr..—FOL47 OF PRACTICE.
This came was mentioned on Saturday. In consequence
of misleading the endorsement upon the brief the attorney
thonht that execution had been stayed until the 15th
std of the sth day of term ; and the question now was
whether the court would allow • motion for a new trial
after the usual four days bad passed.
The Lord Chief Justice rid that they considered the rule
of practice peremptory, but still, bearing in mind the large
amount of Imago, 1,2001., and the other circumstances of
the case, they had considered the matter as though it bad
been moved within the first four days of term, and they
bad consulted Mr. Justice Blackburn, who had fated the
case. Be said that though the damages might be described
as liberal be Wei not dissetistied with the verdict, and then-
fore there would be no rule.
Rule refused.