The Express.
London, England, 1852-02-12 00:00:00

tabu intelltgence.

EQUITY COURTS.—YisnaDAT.
limn! 1.. 1.0110.1. ,twice,. 4W Amu.

Iw VXACT..-111 RS COMMIX°.
. .

Upon this ease owning en, the flolieitrelicoeteral said the
object of tine petition was to elitists kayo to traverse the ilt-
epieithsa which had lately been hold as to the state of
"id this lady. Tha owe was of so groat importanco
SIM senoW eyed most desirable that It should he
lanai Ware the full Court of Appeal. sad he should,
litallibOas with the epproliadea of all parties, colt for leave
=l7 le the Lord Chancellor for leave to have it oci

-71;ir lordahips thereupon directed that the petition
should stand over. with liberty to the pinks to apply u
they &aired to the Lord Chancellor. They observed, how-
ever, that the request must be nude as that of thu parties
in the litigation, and not as coming from their lordships.

IN B•NILKOPTCY.-lia 22222 TUN OXFORD. WON-
CUTS/4 AND WULVISDIAMPTON RAILWAY COMPANY.—
IN as WILLIAMS.
This was a petition by way of a”eal from an order of
the Commissioner, whereby he had rejected a proof for
6,3001. tendered by the company against the estate of the
bankrupts. It appeared that the bankrupts had been con•
tractors for works to bo done for the company, and that
disputes having arisen between them and the com-
pany &A to the mode in which the works bad
been carried on, and the state of the accounts between
them, thew matters bad been referred to the arbi-
tration of Me Brunel, the engineer of the company, who
had awarded the above sum as due to the company on the
balance of their account e ith the contractors.

Mr. Swatiston, Mr. liethell, Mr.ltolt, aad Mr. Roxburgh
appeared fur the company ; and the Suticitor-Genersl,
Mr. Willem, and Mr. Terrell for the assignees of the bank-
rupt.
Their lordships directed a claim to be entered against
the estate fur the full amount demanded Ay the company,
and a request to be taken to the commismoner to take an
account of what, if anything, was due from the isompany
to the bankrupts' estate which ought to constitute • ground
of set-olf or mutual credit agaitst the claim of the peti-
tioners. AU oasts to be reserved, with liberty to the parties
to apply-

BLIVaI TIM Yuna Of Till ROLM
PAUL V. Roy.

This was a caw as to the misapplication of a trait fund
amounting to 2,1001. in Scotland. The proceedings hod
been taken before the Scotch courts, but the defendant had
removed to England, and WAS now residing in Chester, and
• question arose as to whether, under thew circumstances,
this court had jurisdiction, the cause of action having arisen
in Scotland. The camas was only part heard when the
court roes.

KAMM Iries•CaAticrs.sea
IN EE TAB FAZIWIN AND STALIN/IERN OF 811NDIALAND
AND TUB Mamie ur DUKHAY.—APPLICATION vol A NEW
TILIAL.—TITLE TO SUNDIAL/LK° TOWN MOOS.

In this ease it appeared that certain land forming part of
the Sunderland Town Moor had been taken by the York
and Newcastle Railway Company for the purposes of their
railway, and the purchase money, amounting to 3,0001.,
had been paid into court. Upon petition for the payment
of the money out of court, a question was raised as to
whether the title to the soil in the Sunderland Town Moor
belonged to the corpsra•ien in Sunderland or to the Bishop
of Lurham. The court directed the question to be tried at
law. The trial took place at the summer wises fur Dur-
ham, when the jury returned a verdict in favour of the
Bishop of Durham, but declared that they did so in pursu-
ance of the direction of the judge, their own opinion being
that there was no evidence to prove in whom the title was
eerily vested.
A motion was now made for a new trial on the ground
first, that the case made by the bishop at the trial was a
departure from the ease set up at the bearing in this court
and secondly, that the judge who tried the case at the
wises misdirected the jury with regard to the law, and by
not having brought to their attention certain questions
which arose upon the statute of limitations, and upon the
provisions of the Land's Clauses Act, and that the facts of
the we applicable to the legal question were altogether
suppressed.
The arguments in the ease occupied the whole day, and
were not cone:uded at the rising of the court.

COURT OF QUEEN'S BENCH.—YeareftDAT.
Appeals hoes the County Courts were heard this day.
RA WCIO/7 a. Tan 011LaT Noara ZAN RAILWAY C
This was an appeal from a decision given by the judge of
the County Court of Yorkshire, in favour of the plaintiff.
The plaintiff had Liken a ticket to come to the Groat Ex-
hibition in August last. Ile was to come and return by
the third class train, and to be allowed 14 days in London.
On the 14th of August, and within the 14 days, he pre-
seated himself at King's.croas at 6 o'clock in tie morning.
At 6h. 45m. there was a train going to Barnsley, but it
was full, so that be could not go by that train. He tried
an excursion train at mid-dar, but could not go, but went
by a train which left at 9h. 15m. in the evening. That
train arrived at Doncaster at 6 o'clock in the morning, but
the Great Northern line stopped at that place, an arrange-
ment being made with the South York Railway Com-
pany to carry passengers on to Barnsley. It happened, how-
ever' that the latter company did not rua trains on
the Sunday, so that the plaintiff was stopped. 11. how-
ever, took a carriage to Barnsley, and brought an action
to recover the repents to which he had been put. The
Judge of the County Court held that he was entitling w
maintain the action, bat against his decision the amps,
apraled.
r. Phipaon now appeared and argued the ease he the
appellants, the conoany ; and Mr. Hall for the NIVIOr
dent.

The Court expressed a clear opinion that the plaintiff was
entitled to 'maintain the action. Tke ticket said, "Great
Exhibition ; Barnsley to King's-cross sod beck, 3rd clam,"
and oa the beck .4 the ticket were the words,—" Ercursion-
ticket, to return by trains advertised far the purpose on any
day not beyond fourteen days frogs the date hereof." It
appeared that the train by which the plaintill left London
wee so advertised, and, as he could not go by the 6.46 train,
he was entitled to go Ay another, sod to be conveyed on to
his destination. The j ailment of the Conn must therefore
he for the respondent.

STI111•11 AT Mil PM% AT WIII.III7IT4MM. D/LFOAA Lou CAMP.
SALL AND • &ICA& JOST.

BOTTOCi O. Tits NUST/1 STATTORDOIIIIII 11111LWAT
COMPANT.—RIOUT TO TOE UTZ OT • LAIR.
This was an ono brought by the plaintiff, Mira Ros-
tock, against the North Staffordshire Railway Company.
It appeared that the plaintiff is a lady of property residing
at her mansion at Cliff-park, Staffordshire. Her property
runs down to a sheet of water called the Rudyard Lake,
about two miles in length, and a quarter of a mile in
breadth. In the year 1766, a company called the Treat and
Mersey Navigation Company was incorporated, which was
empowered to make a navigable canal, and the lake or re-
servoir in question was formed to supply it with eater.:
About 80 acres of the soil cf the lake Wood to
the plaintiff. The owners of the land adjoining the
lake had the privilege of using pleasure boats sport it,
but which boats were nut to be employed in trams either
for passengers or goods. The North Staffordshire Railway
Company became the pnrchaben of the interests of the
Trent and Mersey Navigation Company in the year 1866,
and were incorporated by the 9th and 10th Viet., the 66th
section of which devolved upon the railway company the
same duties and privileges as those formerly belonging to
the Nacional Company. It was stated that a short time
prior to RWter Monday, 1661, the railway company issued
advertisemesa, placards, he., announcing a fete, regatta,
and other aquatic and rural spore., to be held on the lake,
and that cheap excursion trains would ran from the pot-
teries and neighbouring towns to the spot. It was also
stated that ou the morning of Easter Mond many thou-
sands of persons, numbering from 10,000 to 20,000, assem-
bled on the lake and in the neighbourhood that MGM=
were fired, and other distarbenao tarried on an day, by
which the plaintiff was put to meek inconvenience and an-
noyance, besides suffering eenablerable damage to her pro-
perty by the trespessing of the amemblak rasl
titudee. A similar seen* was enacted on the
following Whit Moday, but the weather was
bad, and the auterance sad damage consequently less. It
miss also stated that the *infirm rights of fishing and
sporting were deterionsted. To prevent the occurrence of
these things, and to decide the defendants' right to commit
them, this action was brought.
The Attorney-Oeneral. for the defendants, argued that
the water was the property of the railway company, and
they could therefore do what they pleased with it. The
eompaay were hood to maintain the navigation, and they
were entitled to the Incidental advantages of it.
Lord Campbell hoist summed up,
The jury returned a verdict for the plaintiff.
011111 LET 0 01
This was as action for an assault; but the defendant's
camel basing made an apology for his client, a verdict was
taken fur the plaintiff by consent

COURT OF COMMON PLEAS.—YESTEILDAT.
nnirms AT NIN Paw IN 1.41110011. - limas. Cam Joimos
ham AIM A ONUS. JOST. _

Tuomue r. C*Alll3kll.--Til P is CLUS.
The *Walltf in thi. caw is an ogrerthieg agent is co-
theotheetwoot, Strand, and the de rgdand is a gostiouwa
=tiat Fern-hill, near Windere. At the renew
the year 18150 Captain Chi% tie dthadoth nth
gethool ether gentlemen, teemed thetheolveo thee genuth
tweet the Perk CAA. while it wth geeperth MAMA la
allkodL if Ailemusle the th.
ethiellillidiV4lll.4 P
thee eget fog Mo. drk, the lethetheri wthe
lleMitr gb• MINI them to be month le we*, wows.
Mon. owi her Bought to mover the thaethe of his
drop for seithvg,46l.
Sir. &Om. Igloessil Another homed readawro ap
peered fee the /hell.wth Mr. Meth, (IC., 'mg Mc
with thr tho thfewhowe.
>taitsiriGado&keine with liellity. evillest woo
VMS hi Onothis Clotho es ervoral theethse IMI/111,0111 ef
so memo sew the Blab was preg,reeigg. :Ism=
feethet wpm the alattor, he arid, the eft my
WSW ; see tbee the elleoptiewesoll Mill
with ink lien, eat .ibr ppm ammilas htf est wile
elute.

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