The Express.
London, England, 1852-11-10 00:00:00

estate, and the ease being reduced to that of a hiff to set
aside a lease tii, gioiiiids cogniz int at law, the bill must have
been dismis,ed on that grouoil. On the wh01.., their fore,
the ease is one in which the plaintiff has failed to make out
any MU for equit dile rel. 1 The bill, therefore, must
be diunissed. But, having regard to the peculiar eir-
-1 eurnitances of the ( a.e, and the relation in which the
punkt steed to each other, his Honour thought they must
each of them have their own costa of the suit. Liberty
moat be reserved to the plaintiff to take such proceedings at
law, if any, as he might be advised touching the lands
comprised in the lease of 1811. This result bad made it
onneoesaary to deal with the question raistd, and only
slightly discussed it the bar on the recent acts of parlia-
ment as to detects in leases under pnwers. The present
Lord Chancellor, Lied St. Leonard., had remarked that
.. the general provisions of the court will probably lead to
some difficulty in their application to the various cases
which will arise where the deviations from the power in
matter of substance and not inerel7:of form,"
The court
might congratulate itself un icing relieved from that dittl-
tulip and from the necessity of nu& nvouring to put a eon-
structinn consistent with justice on ensetmen..s os to which
the legislature itself by first enacting and then suddenly
suspending sod shoal afterwards re-enacting set me to
have exhibited a want of confidence in the wisdom of its
proceedings on this market.

COURT OF QUEEN'S BENCH.—YESTERDAY.
&WINOS to I).OO.—KRDWLIR LORD CAIIRIDLLL, Mn. Jusracs Cots.
'mos, Ya. JURTICIt WILANTORN, amp Ma. Jr .rice ErLa.

BRYAN P. CLAY, EXISCUTOR.—LIABILITT OF DISCEASID
INCUMBLNT'I &TAT! TO PAYMINT FOR DILAPIDATION*.
This was an action on the ease against the executor of a
deceased incumbent, brought by the present incumbent to
recover damages for dilapidation. of the rectorial building*.
The question put in issue by the application now matte to
the court was whether ea not a claim for dilapidation' should
rank after simple contract debts.
Lord Campbell said ho was of opinion that the defendant
was entitled to the judgment of the court. The action was
brought upon a custom of the realm, set out in the declara-
tion. This custom was peculiar in its nature, for, upon
the ordinary principles of the law, no action could be com-
menced against on mentor, when there was uo cause of
action or foundation fur it in the lifetime of the testator.
Here, however, the subsequent incumbent was entitled to
bring, and had brought, an action of tort against the per-
sonal represeuttrive of his predecessor. The court must,
therefore, look to the authorities to see what the custom is,
and their lordship. were bound by all the incidents of Sim
custom whether they approved or disapproved of them.
His lordship then referred to the dicta of Sir S. Degg and
the other authorities cited in argument, and concluded by
stating that, under these authorities, he thought this
claim must be postponed in favour of he simple contract
debts.—The other learned judges concurred.

THR NRW LORD MAYOR.

About bolt peat two the lord Mayor, attended by the
Recorder, Sheriffs, and suik•, came into court, and, after
the usual formalities,
The learned R corder said—lt had usually been his duty,
on behalf of the Lord Mayor, to invite their lordships on
that day to a banquet at the Guildhall ; a melancholy cir-
cumstance now prevented him from having that pleuere.
He trusted, however, on a future occasion, that the Lord
Mayor and corporation would enjoy the honour of their
lordships company.
Lord Catupb. II said the court fully appreciated the mo-
tives of the Lord Mayor and corporation on the present oc-
casion. At a future period the court would be glad to par-
take of their splendid hospitality.
The Lord Mayor and Bute then bowed and withdrew.

BAIL COURT.-YESTERDAY.
lilirrtros tag Ifaisou.—lisioas Ma. Rtrract CaOIITTON.

IN In ItlcuAED SILL.—RULE TO FTRIAB AN ATTOIINNY
orr nu Rot', or Tux Coogr. _ _

Mr. T. Wilde moved fur a rule to strike Richard Sill,
an attorney of this court, off the roll of attorneys, on the
ground of Lis having been convicted of felony.—Rule nisi.

COURT OF COMMON PLEAS.—YESTERDAT.
ISITTIN9I IA RAIWIL—IBLPOttpIap 10011C2 JIMVIS. Ml'. 'UM.'

MAULS, YID MIL JC11111,.. TALI,IIII.

The court only sut this morning to take motions, in con-
sequence of their lmdskipa having to sit in error.

Tye LORD MAYOR iND SIIRRITFO.

About half past two o'clock the Lord Mayor and Sheriffs,
accompanied by several other members of the corporatiou,
arrived, and their lordships came into court in full drew to
receive them.
The Recorder Paid it bad on similar occasions bees his
duty to invite their lordships to a banquet, to be given at
the Guildhall by the Lord Mayor and Sheriffs, but it was
felt that they would only be acting in accordance with the
general feeling of the nation by abstaining from any festi-
vity of that kind until the mournful ceremonies in our
of the illustrious Duke of Wellington should be completed.
He hoped, however, at a future and more proper time to
have the honour of inviting their lordships.
The Chiel Justice—Sums of the judges would then be
happy to wait upon the Lord Mayor.
SIITININI AT Nlll Nita Ul MIDLIAAFT.—BIIIOIIII MIL Semen

-
LSD • Vt 1111011! J.OIIT.

The court sat this morning and tried three mums. none
of which was of sufficient importance to justify a report.
This concluded the business of t►e bat Idtdd'Asez sittings
in term.

COURT OF EXCHEQUER.-YFATERDAT.

No business of importance was transacted in this mart
today. The Lord Chief Baron, with the other leaned
barons, sat in the Exchequer Chamber, in error.

SWEAKING IN TN{ LORD MATOIL

The Lord Chief Baron and the other learned Ikea's re-
entered the court shortly before two o'clock, and imrse-
diately
afterwards the Rem der, with the Lord Mayor Sar
the ensuing year, and Sheriffs, came into court.
The Recorder then introduced Mr. Alderman Chats,
saying that the citizens of London, In the exercise of their
ancient and undoubted privilege, had chosen him, a gentle-
man of high talents and acknowledged worth, to se-
copy the seat of the chief magistrate for the
ensuing year, and he now presented himself through him
(the Recorder) to take the catenary oath. After having
alluded to the approaching funeral of the Duke of Wel-
lington as the cause of the Lord Mayor's not having cane
attended with the pageantry usual on such occasions, the
learned Recorder concluded by teferriog, in high terms of
eulogy, to the manner in which the late Lord Mayor lad
filled the duties of his office.
I The Loid Chief Baron, in reply, said the Lord Ma7or
had come on the present occasion to be sworn to the high
office to whichlhis fellow citizens had elected him,snd they lad
I made a choice worthy of their privileges. In speaking of the
absence of all pomp and pageantry on the present 001:41b11,
his lordship passed as appropriate sulogium on the !ate
Duke of t 1 ellington, observing, that few or none could ever
hope to imitate his excellence or attain his access, but
that there was no one who might not take an example
from his patience, assiduity, labour, intrepidity, impar-
tiality, loyalty, and devotion. These were virtues that
every one in their several spheres might endeavour to .nei-
tete. His lordship concluded by congratulating the late
Lord Mayor on the way in which he had fulfilled the algal-
ties and duties of his office.

The usual oaths were then takes'.
The Recorder aid that the same solemn occasion wtich
had caused them to come without the usual pageant also
induced the postposestiat of the usual banquet.
The Court then 1000.

THE POLICE COURTS.
Bow-sysEBT.

Robin Cardin, army saddler and accoutrement maker,
Edward Kemp, • young men, who stated that he was
"living with his friends,' and was said to be the son of a
general in the army, and John Williams, a naval officer,
were placed at the bar before Mr. Henry charged with
creating a disturbance and assaulting the police at dallien's
Promenade Concert, at Drury-lane Theatre, on Monday
night.
Inspector Harkin, of the A division, described .he cha-
' ratter of them annual disturbances at Drury-lane. • A num-
ber of young gentlemen made it • rule to go in a party,
apparently for no other purpose than to get up a row.
They usually commenced by raising • cry of "A
ring, a ring!" upon which they formed them-
selves into a circle, enclosing a large bedy of
respectable and peaceably di/pored persons. A piece
of money or paper was thrown down, and then the
" ring " made • rush towards the oentre—amilst
neat protestations from the men, and the terrified shrieks
of the women. The people who were encircled naturally
pressed outward, and they were met by an equal crush in
, the opposite direction; while the police, who did their
' best to capture the ringleaders, were knocked shout on all
sides. Witness had been on duty at the theatre for several
years past, and had always witnessed disturbance, of a
similar kind, commenced to the same way. The signal for
begining operations was usually made at the close of the
first part of the entertainment; and they was generally
kept up, at intervals, during the remainder of the night.
Witness saw the defendants taking part in the disturbance
on Monday night, and his attention was particularly
directed to Kemp, because he had seised ons of the con-
stables by the neck-collar, and was nearly throttling him;
and when witness begged him to release the constable or
he might choke him, the defendant said " he would got."
Constable Macdonald, A 141, proved the Assaults upon
him by Kemp ; and evidence was given by Sergeant
Bliekwall and another officer to show that Garden and
Williams, although less violent, both resisted the police in
the execution of their duty.
The defendant Garden assured the court that he was
reluctantly dragged into the disturbance, and neither
pushed nor assaulted a constable intentionally.
A similar defence was made for Williams, by Mr. Gill,
his solicitor ; but Kemp treated the charge with indiffer-
ence, merely remarking that he had been decking slightly,
and that Macdonald collared him first.
Mr. Henry said it was too bad that the pablie should be
deprived of the amusement which they had mild for by the
wanton interruptioa of a set of foolish young men. The
conduct of Williams and Garden had not bees so disgraceful
as that of Kemp, but he felt bound to inflict upon them the
full pecuniary penalty of M. each, or 14 des s' imprisonment
in default of payment. With respect to Kemp, however
painful it was to him to send • person of his age aced appa-
rent station to prison, he must be taught that conduct like
his was not to be atoned for by the mere payment eta fine.
As a salutary caution to him, therefore, as well as to others
I of his clue, he should order hits to be committed Inc four-
teen days.
The decision of the magistrate appeared rather is startle
Fite goats" and sysapathisen by whom the mart was
mowded daring the proceedings.