The Express.
London, England, 1862-04-18 00:00:00

TRAFFIC RETURNS.

Ni..l Pas- Mee- Toad, To4al.
RAILWAYS open gangers cluuldhe 1802 1841
Week rang Mu g March 15. A a t
Northern of Canada .... 94 379 MN 1,1417 1,971

Week ending 11nrch 21
Grand /rank 91 Caada.. 1090 5,067 8,181 13,018 18,981

—v7:44l"e;rung 24;c7h
Buffalo and Lake Hnrou.. 181;

-- -- 1,973 1,694

rt.pdl3!altr: .. 1601

- C,348 CMS

Week ending Apit 0.
Antwerp & Rotterdam
Longo°, Tilbury, &
103 1,049 1,136
Week ending April 11.
Belfast & 11. Counties._ 1,043 1,003 2,066 2,063
Bel/Allre and Meuse N 193 1,047 1,240 1,12 e
Week ending Aprril l2.
Obnekton and Dirstm no 7,696 6, 7,115
West Flanders
Week ending April 13
Belfast and County Down 49 440 162 602 636
Bristol end Linter
Lon.,Chatharn, and Dover 72} 1,276 475 1,761 1,063
North British 29 2,496 Ao3l 6,126 6,124
llosettilt Centre' — 1,096 2,086 3,161 3,5103
Birviddre 17mon 29} 360 620 970 1,076

- 633 GM 1,099 934

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Rata Inttiligtntt.

EQUITY OOURTB.—APRIL 17.
(Before Vin-ebilasinet Sir B. T. Kiedinky.)

•
WiLLtatii r. MOMYGTOII.-110PSCPUTON r. wiLLsusr.

virteeiothee r. lIORNINGTON.
Three amts. which have been in existence for more than
It, years. soil which relate to tne estates of the law Earl of
81. rciogton, cane for further coosideratioll on pi:lair
and on motion for decree, and were argued it greet 144Stb
in the sittin4 before the I'M stoles vacation, when a a
of questious arose.
The V iceal..ocellor now gave judgment. He said the
questious entinly is the constrmtion of the deed
caroled by the late and the pregeot Eerl .4 Morningtos,
dated flee. 15. itr.i4. .tt that time the late earl was
castled to a charge of 100,000:. on certain estate in he-
Lind. to owe tut. eitect uo the death of the Earl of Mary.
borough, Lie father, awl to a charge of 50,000/. on estates le
tree i.e.! 11,ut.. *object to these charges thee* estate,
were linots.l to the late earl for life, with remainder to the
preset earl In fee. The permit earl was also entitled to
rude. au I erkthire and Vi ills which were imortpged for
O. 'SSW., and there being prior charges on the Irish and the
}:a.<: oh , .tate, the present earl, on corn* into portage°
t !al: Las rstate., would have been burdened with • debt of
The late earl, however, had, in addition, 000-
t 1 w tled debtsto the amount of 130,0001. Thu being the
state of things the late earl and the present earl agreed to
wow the Rant... Eel Ea ex and the Irish estates to trustees
h. tatty 49:,ire....ut of which the 1:0,000/. and the 10,000 f.
vier. to he paid , the charge of 100,0001. was to sink for the
Iseleet of the estate, after paying a mortgage of 12,0001.
a. °a it. and a potion of the 50,000 f. was also to sink, and
the present earl we, to receive two annuities, one of 1601.,
and the other of ii.ooo/., and if there were any surplus it
sl,ild go to the late earl. It we, further agreed that the
late earl should kee;• up policies to the amount of N7.000f.
en hr life, the proceeds of which policies, when he died,
were to be applicable towards paying off the 402,0004
It was to .were out this arrangement that the deed of De-
cember ISM was executed. The first question which arose
was as to a aum of 31,77•1 f. ss. a portion of the
50.000/. charged on the Heats property, which was to be
kept alive for the berfit of the Ire earl ; sod it was coa-
t...idol un the part of the t earl that the trusts as to
this sun should be declared void and inoperative, and that
cessegortly 'heckles* should sink, inasmuch as there were
double charges, and the term " biracial interest of the
lase earl" merit the excels after the *ll.i-barge of all arum-
beseres, sod, as there was no excuse, there was no breficial
int.-net. Hie Hoerr coasideord. however, that the
feriae were perfectly aware at the time of the whole of the
stems, that them was so metre or surprise, and therefore
cogitation could ant be sustaird. If, however, the trusts
were to steel the present earl contended that the like
amount should be deducted from the residue of the
402,000 f., bat the. was to fact the Berne contention
as the other, and open to the ante objections
Ti,. rot question was as to the costs and expenses to be
pal oat of the 402,000/. He thought that all costs incurred
Qireylag out the trust and the deed ahead be allowed,
but coste.4 prourediup intended to frustrate the object el
the deed could not be allowed. On this principle be taw-
te...!ed that the costs of the Counter of Morniegtoe's wit
for appeasers new trustees ought to be paid out elf the
*maw. sad the eases of the suet of the present earl is the
Irlib court as to the Irish elate,, bet sot the costa al the
sat be hariteled Is the I.wifed Estates Court, by
which be reared a sale of a ponies if the Irish arks.
Beat the real of the preardisp I. Incurs a sale of the
H wts estate be theeght algid to he allowed, irons& r
those proceadieds were le recedesse with this troth He
sow are be tbe_eatplais of the 41M,01104, which we, ad.
sated at roe 30.011111. It was contrast on the part of
tile preset earl that SAY. fk lid. paid by the trader
ought sat be be allowed, and his Honour we of opinion
that that ears sort be dedered hats the surplus. Ifs also
thought that there we, sears in the deed which justiged
the Wooers le paying • arid 1,060 t. which they raid to or
Lake, • setit creditor, and that sum must therefor* &leo
to dearth& It was cootended that the surplus ought to be
spoiled to mar good the tiedcasecy of the 100,000 i. charged
en the Irish crates, but he was sot of that opinMe.
Let es.nteniien by the pretest earl was that he ought to be
•4',. of ri,teeP., which had her expended in the
rasher ..f a policy. to make op the policies creosoted to
be err up, and his Norm: was of opinion that as between
hon and the trustees the earl was entitled to that sum, but
act as between him rid the counter Another question
arose as to repairs, it Igor contended that the tenant for
We was wit bound to snake repairs, but that he might if
he chose let the estate become a wilderness and a waste.
Improvident as the late earl might have been, there was
arks, to show that he ref used or neglected to repair, mid it
was the dote of the receiver to direct °Edina:, repairs to
be made. Oermaseut improvements stood an a different
prition. The late earl might have objected to them, but
as neither he nor his executors did so at the proper time no
obis-Goo could be enterteined now. These items meat
therefore *wed. A googlies also arose as to 16,000 f. re-
ceived by the present earl from the receiver of the Irish
sitar. pert of this was transferred to the stack in which
the receiver's balances were invested, and the earl con-
tended that he was retitled to trait the remainder, 7,300/..
as if it bas been received on secret of the corpus of
the 100,00.. but in his liooouPs opinion he could not so
treat it. IN the other hand, he ought not to be charged
with interest is sums paid to him by the receiver ace
was he Made for lose by the freed sale of the Irish
estates. His Honour then refereed to the snit of " Misch-
mane v. Mornirten," is which the queetioe was as to the
priority of Eleiuiann to have the sit:pins of the 402,0001.
applied io diecharge of a mortgage for 5,0001. by the late
earl is priority Over a deal of iodstrity executed by the
lath earl in favour of the present earl, and his Honour de-
cided that though the mortgage to Fleischman° was drat
lade, yet the trustees had not Duties of title, the lather
deed to which they themselves were parties was executed,
and therefor lie was of opinion that the earl hail the
priority.
Mr. Hotly, Mr. Glasse, sod Mr. Nader appeared for the
preset earl ; Mr. Toiler sad Mr. Dore fur the repressater
Steer of the late earl; Mr. Halt, Mr. Freeliog, sad Mr.
Los for the legatees of Moraingtea ; Mr. role, Mr. LAY.
Mr. V. Web)., Mr. itegbes, and Mr. )lacnaghten for ether
parties

COURT 011, QUW'S BENCH.—Arm. 17.
ailtlngo is lbws —Mears Lag Chief Justice Cockburn,
mad Jenkins Clempkos, Illaskkurn, and Mellor.)

This was in esilms far likel tried eiiilse last Westminster
shoe taro sittings before the Lard Chid Jrtice Cockburn,
when the pre rearmed • wadi.* fee the drupes
300 f. The plaintiff is ea eenrer riding at
the West eni, sad the defendant • retired preetitmear,
rending at Tunbridge Wells. Theories vrr fa libel. non.
tamed in a letter written by the defentbat and published in
the .4144,...1 C esfor. The libel bad refanasa to • printed
lectors, ilchsered by the plaintiff at one tithe London hos-
pitals, reL.tive to fistula and its kreatmeet, • copy of
which he to the boobs of the hotel at Boston. in Der-
byshire. r a request that he would take it to the defer,
daot's hob raan cud airs it to him. The boots, however,
neglected to do a>, and the consequence was that it was le.t
shout on the lett,' shelf. The piton* objection to lb.
espossu-e of the pamphlet was that it onitaiaed eouravioga
repugnant ti decency, sod unfit for females and young
persons err-.
Mr. Wel.l-r appeared in person, and moved for a new
trial, on tire ;Triad that the plaiotitra statements on the
tral nee, ai!verse W the foots of the case.

After brut art the defecklant at courutlerable length,
Th. ',putt fellow! to gnat a rule.
Rale refuvAL

;1
THL 444 CEN , . Tat t'SITLU LIJKTLI4: 17LECILIPH COMMIT.
Mr. 4 4.14::..y. 4.c.. raid this see as indictment for trey
peas. ti uot la-fora .11r. Baron Martin, at Ayleatairy, whew •
maid gra, rutureed for the crown. The ilefendentri had
erected tloir !arts slang the sides of the high wart. and were
i indicted tor umpire and found guilty on the ruling of the
Lanai judge who Mid the indictment. The learned
cowed sow snored for • new trial, on the ground of Lir
&miaow.
II Tile ('Dort c<l4l limo to consider their judgment.

Is conento..ses of Mistier falling within term, the emote
w •re ed}••rteed twee till Wednesday nest. Ray the
lst Wel. C. 70, pros taloa is made for eitewling the
term t►e windier .4 dais the courts will be clulied to con-
selectors . -. that, in point of (Act and in practice, the
rods: led! sot he prettiolieed by the relscatiosi. The
widen Titatty Term will also be postponed for five days,
sail the eitt.eg. prolonged that tine bey owl the usu..' period
of cleeiar.