The Express.
London, England, 1852-06-05 00:00:00

lab) intelligence.

Mama sem of thew may be beyoed an imaginary circle.
It ..amid Si bin quite clear that the attempt on the part
of the appeal le limit the right to sue ow heel grounds
boil failed ; that it was • contention that COUld not be
maintained. lie did not apprehend that an affirmation of
the interlocutor of the coast below would in any way pre-
judice the 41,1114ti..0 on its 'merit., for the question would
jest stand as it stood when it first CAM to the bar of their
lordships' house. The 'sob)* and learned lord concluded
by moving that the into/locators appealed from be affirmed
and the appeal tiliewined with coat&
lodgment eeteruissiy.

HOUSE OF LORDS. -17 ErrtellinV.
Aressu yams its C m aimtw es liconass.-11sreee ems
Leas C 11.41114.014 1.40 111440.1,14 eaa 4441.01 ere. C 104114141,
4,0 tees Tsvamansis.
Tits Mee or ATItoLL r. Tonal! Aso orals!-Tai
OLIUSTILT-Itolla Casa -BIGHT 01 Tall
10 ISALIFFIIa La Scrim( or BROLAZATOP..-4111111s
BIM
pin=cisthrtou"rt of
itteresposedes ts to airy ostAme el
their right to use •
, Wane Blair Athol], in Perthshire, ' M Ml
aunty of Aberdeen, which ia its melee glare through
Glentilt, the property of the Duke of AMA the appellasit.
The point involved in the appeal does not tomb the mods
of the qaestion of the right of the public to travel by the
Glentilt.road, but was in the aster. of • prettiness., tee
nicality raised by the Loble appellant to defeat the Mai,
by denying the title of the respondent. to sue.
The facts material to the point, and the
of counsel on both sides, were fully stated is Ml=
yesterday.
Mr. Solicitor-General, on behalf of the appolleat, now
replied.
The Lord Chancellor, in miming the judgment of the
house, remarked that in the course of the argument at the
bet considerable atmr had been laid on the legal difficulties'
of the case, but after all the home would Sad that it did
not turn out to be one of real importance ia
point of law. The merits of the ease, whether
Gleutilt is or is not a public highway was not
now in question. The simple question is whether
the pursuers have the right to sue in the characters ta
which they presented themolvte to the court below ? •
good deal of contention had arisen as to what was the effect
of averments made by the pursuers in their eismieose
declarator. It was strongly insisted that it woe worrormy
to prove the UM of the road by the purslane M enable them
to maintain their right of meth% end that the kresdesstwr
of the Lord Ordinary, modhuseil by the Leeds of the Pleat
Division, was in offset • defies of that queMies wird
the appellant. That Mil Ile veep gassiderable dismal& at
the bar, though it now seemed to le admitted ea be* aides
(that is the one side did out demist, _the ether eMitting)
that that question waa set memilushth bisitee
serjudgment,
but that the pursuers having by their owe averred
that they had used the road through Ohedkrsiuriigll
prove
hare to that lift in the course of further re
which must be taken in the court below. That Wind the
hones from a considerable difficulty, and he believed that
what had been admitted at the bar was the law of
See Mead. The judges in the court below may de-
cide that it is nut necessary in such an action of
decimator as the present, that there should be any
see of the read by the pursners, and he apprehended
that that question of law would not be at all concluded by
the present judgment. As the case now stood the house
was relieved from this difficulty ; and then came the ques-
tion whether, taking the averments as they stood on the
eummons, these averments showed a title by which the
penmen could sun ? Referring to the description in the
summons, he found that Alexander Tornio was an " advo-
cate, residing in Aberdeen ;" Robert Cox, " writer to the
Signet, residing M Edinburgh;" and Charles Imw, a
" merchant, residing in Perth." Take the name el
the latter, for example ;• he resides in the very esmety
ro thugh which this and pares ; and it was mweiner
averred that he had MEW paid anemias n'sestate
labour money leader the get el parliessat
and converting the statute semises the . As-
suming, for the sake of argument, that there nu as Law
against their right to maintain the action, it would rem
that a right was stated. The statement of the eseiderassi.
ease maud.4 say =dos ; he
here oil the end 16.11•11"1"1"aa:
=cwieeisi der
etT palmed *as es, emmins te the Other
mini se round by ••'kerbs' route of es= miles.
Heippillig those facts to be proved, there was a warp 111.
Meat sae Ben that which yolk, subject of Melleetim
Mae ; for there it was nab an abeame qualm
ersida, sr any one of her Mejairs eaten, .Waifs aa
rim of decimator not ante. used the mad ? If the Imam
ineetheata were proved, the premth ease would really come IN az Tun WOLVaaltAlllva, Catena, AND Bla-
si." *id" all the aldhillid.._lehish ked,...._bee2a_eiseds anonALD Jusionem. BAUM AT COMPANT Bataan:a
Mfetraproisisiod thete
erase meereeneashe7m„..76=f BTOCILI.-C
TW err anofllll2llllolllr.-AccsaarFaxcx
eotraftiettitaail.
fermi had Ilmirdi is hiresse M tposl of thie NI. toms at J emu ass the &ram of tat
diM•lll,____,„l.ll .main do hi =mesa theist el sembillaimie. be se.
esmism surese helm w • Moo • ramorp isdiatmestei cad assacme milt aim or ry
enig his
111=211,Zi bt7c g le
wets elo welt teetallistalirposTbamatat ee de mescal
nabs efaidelthleg a right by the law ef ilsellawd, rN, vat order was them ma-,& that the same should be tabus of
thereftwas , theelweebelt whether
, 110 the list of matributories without prejudice to is ballast
present ere ellOll4lllll. If ime es ass be neween- stored apes further evidence. Kr. gamma% same lee
met with the law of Scotland, there was as der mods of ranee been replaced upon the list by the lii it, =Mg
which he was aware by whiff it parson wise bed merely a led 'aion was now appealed agaisst. The has San IMerneright generally could try the 11211001 L It was admitted that Hr. Stocks in the Ant plme gave a writhes essesal
that the right of way contended Mr was a right in the s„om„ provisional commit end to take asp am.
public generally; it would threhre ram to follow that ewes when they should lletig Is hiss. Theh tbme
every man was entitled to vindicate le right. It was not wee a letter from the taesecretary lbs Befeediffif
denied that he might do so in the ma ef say q.". I ob- thee the shares allotted to Ib. aura taps sr
struction, bat the question was witiOBOR he err Isto by lb, 7th of January, ask and the dupla paid apse
law of Scotland do so by anis addelleggem Why Ark with • further Dotage that thewtwinifinir sgrettnest
he not ? There might be iewernalless la dig ass but sad parliamsataa erred mast he earred, without
that would arise from the defect of the kat Hui be art ankh as "ma war be ussapke• as a 40.41.61&&, in
haviag • remedy by isistarat ; bat that ishee rid as aa aa des if :snag Mt. assta re-
ad ter away the right. It was set desk& by the =bog s haw ea of ta, smiest6 mama
that a diet missy __ PO. 1111.
. "et' that the msessleh eareatelse riled ern evaposas.
=it right, but it was amemeges te limit 'b....Nadia.. sag ssankka masa of the arra by
Oddelisid elan of ~ the„,_ be rather PUMP the *ld of •10111wint• the 17th of January, the creditors of the
Mitstet a eget. wadi alZar piny might be Mr, stocks paid up 521. 10s. in
wwwwwww pied ear Moltseshe Ile -•,••• trusaasee of this reaser. sad was afterwards induced, by
is the es are of the argunast this this is so ham hen tio mew thms..ino legal proceeding, tf
:=Wadi on, be had marls' ibe hired grand ran mar Inman almond, to pay, by way of coatribu-
IP n the =dm eultenhel ail 1' ire Ihr swam, two *Aber sums of 521. 101. and 601.
Med 111111111IMMOMMIL To share presently refer; Mr mask and ffeartvemspors of the motion,
bud be add see beer meted *e shissides. It woo Ow mamaa was there were se spew which the
' lasi* Mai ell the eases cited err shamed • right en the Maar oar to have placed Mr. liteshe's ems as the list
Pie le 6°,166° to a certain"Siel"s" rL"••• eiteestramseeries. It was tree that he wee a pension.'
male the desires were in forama aerie *drift& sr simakersa, but he hod WSW asaseesd area This
cisme iseassiesi, te institute as salsa ef tie seat Tbes hada ken „lama hy the maws being
tataireedsm was, mild it be Waft said this ranker the gay as testatim rhanwet.
'617 be maintained km•ir Then the latter sir by the areparto lir. Sleeks 'eon-
sassolsos witk the road t I mare was to be a limit albs maid saupecm saapassa than shareholders did not
debt' thew"big "11/ " the limit ? Was it "he 1114 a the 'if ralentset, they would have co in-
a yard sib mid P Will" were you to draw the tweet is the emisnakiss. Here there never was a sub.
k the
area
argument as the wawa. dear by asy et tbs sbasabalgara
Whoring it wee assisaded that • ems raid stocks psa am. agasas mos r ran et the te.
amt be skews is whist •am imply as • isobar et the gust tha assigke bad his was hr the sake
✓atio had lasiataimedi the Tied. But Bs
serf loss a sar is ass ass is essair et Ifs.
ie whisk hid hen healed. ••• the Maim lb, gmedrassat d the siert rid be used
an*" was "Nl*" The bulb
by 6•11.11"1",_ Se sheer *at be was liable to be msde a esatelbetsay.
mairloied. cad Or the right ef Animating • •••• ""' Mr. P. Cesar sad Mr. Hozbert for the edleial
they The am* WINO •Pfelle•t• ens
am that Ms. Suits fy agreeing to solit
arimithe red failed to show that there re say ma as he arid te and
ere link la the right. 'That the exercise of such a right mks tha rasa ear ars& which were aliened,
might be attended with iaseavrismse he was reedy * „skald mama gra as tsry.
lead
▪ bsi "lIIA "ii" • gl•Als11 The Tlestßeaseiler said was clearly of spires that
11111"""le bld ••• ••••m• Alla he Mr. Mein boa est t himself within the rule laid
ham/ that saw mould de es, fir men wadi ante re am, updars pan.w err the he rest he a sayi.
to try attire et dairies' et SY maw wise were not mug imam. ma and selegad dame ft was
naturally simassted el* the ferry. There could be uses& ass by Is has sus sa sass ram sad by
litW Omsk that the spilestiss of the law would be matt aam mm bps* sg IL epee 26 rates
heed to thew peen wher stendillf te the eftehlin Waist te Mr 6 boom • ••••amilsey. Hie lieseer's
at the bast wen steady satiated t. lenelen ew elle•• o• has that se Mai alleissest had ever bra made.
Inenivorrat it might, so deshea be hr rums Vie bad Thee esly a mom was be week Mks 25 ire,
no counsetion with a locality to Mug osier et the Mad, ma wan M had pal as girds as arearra was
het the darer wle •• great, ee MOM es the elhor Ade abesisael. It had this beim malehled lir sabstriatly
as shows is Campbell's am (as we rediseassa dill IS ammo' siastrasnay monks by antsaat
the COOP'S of the =est, wham IS err ef had he beg am the he samess as arr. Oa
may maiataia ea Bat a this gnat she lie Kerr Omar *sr wee se liability.
court of law could aol alLalpillplimienelle"deal with ma. sinks hod as, seas aspvpose of
sztreardiary imaginary came fhb matate-a ca- suit lag sea l as alma haw ban be.wvsd, sad
tare set Wry lately to ear. If thaw was any then laviag bee... aim amid ja seam sat he era
abuse of the law it woad be are to be mateseed. Suppose, chat by that he his sesaptat the
Kr.
ha Lessasa, thiegual,S" In= ass. He 'hombre, allow the mere, and direst Kr.
ifwve•ser. mom Own ineff •• onfleet Stoclu's rue to be etnielt off tho lid ef ertributoriss.
the ST" ell" Was •• the l• TIN" Ten WILLI P. EP138.-Otrr To LISSA& Dascriarrs,
there any persons he weld lave bee. men Moly *M Oa 336 ix scum s.
than the pram* psomen) r •••T. miss istaihresies The wagtail la this use left the ream aher prepeety
Meld have "1•11811* A• 11141114_,,,A11 . 1•0•110.„_•••t to be sold sad the promo& divided between all and every
but the %miss wewould eves hebelie.• jury, sad a• the Basel deesesdests of the tsar *ten of her grandfather.
seep •••liAmbi.damsio MtheTenn was be It was smarited saes 'errs, le the Master that *ere
•111•lsa ssl•l_,P" action. He eke. am• M the Wean were 3M of mesh Era isessedamie, wbe were all marl
wriest this sip' of vindicating • public right by seise to aam„, emaslb b the ressek of as estate op the mar
was are rat inn* be extended to the public geeealy, r arie. Iwo are, spa I niesser, hewer,
samies lir Me saesseas, that the gelation W4llBll4lll=l44fty had eta
agesat3mag seee iteseemeol =dr that
the bear. He truer there could be very little their eimme, to IV. K. M. ear, be paid
is dimeelas of that rat In the case of " Telt sad ethers , eat. the ser pooss thole oil, ha
e. the Essiet Lessandale " (5 Shaw, p. 330), • great deal swase• is mast of the prim
at diessres anus whether smart were excluded-that Tha wow was made soterasgtr,
was a ems wham a reed he bees shut by • dime Mies
Julien. • earner d neleede• of the dense was 150•11 ht COURT OF QUEEN'S BENCIL-YssuiDAT.
hy Mamma pveer. of whom ton dassalbed threshes as muses liesoo.-Bereen lose Csurranu, Ita../www•
beis "saved " Lortist eel adobboarbood. Per. hones ease, Ma.JoenosCureimew.
mai set bemeheblere ware bid * have se title. But he TSB QUI= O. TUB VIOTST OP ST. PANCRAS.
POW MI see taw that are bete as hi present point. It MAJIDAMOS.
Mai war le chew that • radial: Ole" of @savants did The •trawary. Greed moved, as behalf of the Poor-law
at ham menhir of Ahejlembilot that Y M thy, .ban the Beard, ter • mile es thaw ears why • mastames should
' Fab& are • mar limited mow 12•Milid the ranee set Mee le ths wry awl Krim ef the err ef am perish
paths rif the (mare jut when it begin silk Pram fammarrisa theta te mew Mr. Mir to
Telee IMP Weever, bed ad teePenelle Nadal es the go- the elks ef row ef w wealsoor a ths per.
real Several of tbe_POOMIWO won de- same is a raw a the Pear-law Bird de
fth
eribM es berg merchants b Mane. dwee hens- Desemisr. MK Ms seed set Mesas their haddllp that
silde is reed the opinions of the inset latlars without the per It is Prim was soused by • M
eemly to the *seclusion that the tali le baba the action Gagaia In. maw whisk a gam Taft, Ina
woo lodged, not ba11...1111 lograges wen who war empoweredle appoint 40 of tboir ormliso ••
mmeheatu be Lauder bet sterebeste *ere that reek. eg per, with the powers amity lelleillOg
the, were • peat of t&e juhitts wed bat! eight le__ el•• by wham. They wore she lalpowerell le grist ear
Ikon' ease toted wal, opinion, favour 01 the tan mashie Wirers, samlorseat other, the master a
Cr' right and against the appellant. Tar the weathers. By the 4 sad I IT. asp. 711 (the old
eased avamel were mho& the nsertiem they said Poor-law ressimant Act), the oometheleases of the
atteitrlt must be either 5-a. -al sr sad they Poor-law Bleed uses empowered to make raise tad -
very lama disposed to Owntisfi that it TM 8 wows- Lavas for the mesegemest of the per, sad le aMMW
tat* It wee se seat thin. • senebadis was 010 *mg. artais qualiastioss anew whisk the intarlime et the
a right of reed emether. It had rein to de wilt • deed- peer were to appelst their siesta Ueda titles. thersilio
seat tososiont or a sorriest termer; interr amain was kw Deer mess a• order. la IgoB, the ode waft es
whether the read had bees iMereed es the use et the whist maw that a mg terra trim *a ere
paha. If It bed been as rinses& why aboall the yobbo dheatem *she appoint essals aeon, and, using
as have the gibe to sae t That this wee • patrimonial the raw r ass weakens& The Mkt mkt,
ON" aeoirelribly he nentehleg- That it wee mealy that sash Assn appilsosi by the weir ir47.
bed wal
_Liatleashi•• rig iselwalhha to tie, *sold radar to bid else sail Oak re-
fs tits Ho ./tars So asked ihe leaned small r the OR tend by the lea-law Beard;
Mr to state *rehearing of the reechoea this monies of rah, ansemweg as dwarves suspend sui
limit it we s d, Is wAnt that hem riberliee wherever, in their d they WM think fit *Tr
had n • detrained the er rink Ia era sans of Bt. Oserart, mad Bt. ars
s,
bet .lest the awe ibelletteell the *ld ettrimeabiede er Westminster, Mir mart hid belied the general sot
the NOM Bleolosi Now, wt wee del "(Met wield spa te wires arum* by heal sib. After the
re seedbed set mistier the right es stated, mien bad kaki as sake arAjobismay.a. the !let a
WWI* Imo sedans to show • limit, se es* sem was ia Appg, BIC Mr. Mates wee • maks ef the St.
favour ef the psiosen. I t art and BEIM AO Baits psalm woman... sag held aka until the begLnig
IMO now hr the first time to be handle ram be te of she rer. in homey ha he
es
mons wllelair the locality (se we uslessesed his lewd. with %%ales:: Übe Newisw tie Nom,
ship). It was way necessary to her the prepaider that elms writ had he.. by the retry
were iseeMedsd fie et the bet, to see that the aistra of ma wsnepen as mei, edam that he W,
limit was sat • matter capable of being 'waled his • Tic their dasSsene, rot eh e•Mbe: enNth of Monk be 11*
And ladled why should such • rule establhbed ? Why swot from hie rem the vat if arm" as
Arid there be any limit ? If It Is fumed that the biltabi- May also gisheraeg Mar, Nom ask as sass se awes
Wu of s Porthole: town ee district have • right, whj r OOP ISM wearer The vestry* Athe Nth etTeintey
how mid ray limit be Pond es the exercise the tight&shred that Mr. Isles ahead be empestioi hem his

EQUITY UOURTB.—YairriaDAT.
BILIRS VICS-CERCRLOS JAMS., PAbER.
TH2 BAIL or DEVON AND ANOTHIA O. Tlil SHROP-
SHIRE UNION RAILWAY/ AND CANAL COMPANY.
The plaintiffs, who wets the trustees of the Duke of
Bridgwater, sad as sea proirieems of a canal terminating
at Runcorn, an the liver envy, sad which was to a cer-
tain Want •We 11111.101tial with a_piellia of the taw of
the libemwa and Ream Canal Cempany, had a dock at
Liversel, mai were ha the habit of eeasying merchandise
MIN the Messy his Liverpool to hemerma at rates Com-
piling Ida theme arced by the Ifillmsere and Chester
Camel Oen= Lee ilt to mid this competition, an
=re=
the 11th of Jassy. 1841, was come to
die cowl theny wit
woe empesus esieng Slum atS company
should glee up, mad aft the Iniesea of the Duke of
Briillawster should has the wish of, the River Mersey
milk between Mlle seer/ pest mid Liverpool (except that
poets of it perky M and from the city of Chester
osly), mad that the empeuy should let to the unsteee
the ikehs, wharves. weeeheees cranes, and other nemmary
premium at Elhoment pert sad all charges levied for the
sae 4 tad that the dulte's trustees should hire the steam-
tape, lets, and loots belonging to the company ; and that
the Mt is be paid, sad the valuation of the boats, should
be had by Mr. Cubits. The agreement was made miter-
minable ag the cad of two yean'S notice. In September,
1844, the mime parties entered into another agreement,
snider whisk the wharf at Liverpool, and the vessels and
steam-beast seed for the traffic, were handed over to the
dike's to NW& In pursuance of the authority given to
Mr. Cubits hr that purpose, he made his award, fixing the
annual teat to be paid by the duke's trustees, to the canal
company, at 3,5601. a year, which the trustees have ever
slam 1846 paid. The linesmen end Chester Canal Com-
pany have, under various acts of parliament, extended their
undertaking, and the company is now known as the Shrop-
shire Union Railway and Canal Company. The duke's
trustees, a short time since, entered into arrangements
with the Chester and Birkenhead Railway Company to
forward goods to and from Liverpool, across the Mersey, to
and from the wharf of the Birkenhead station, .
by which they were carried to Chester and the district to
the south of that city, which the Sin opsbire
Union Company considered to be a breath of the agreement
between them, to their ie)ury, by the abstraction of the
trafile on the canals of the bhropehire Union Company, and
thereupon the company gave to the duke's trustees notice
determining the agreement, which expired in 18.50. Shortly
after that date the Shropshire Union Company commenced
ejectment, to recover possession of the wharfs, and premises
and steam vessels ; and thereupon the plaintiffs filed a bill,
in June 1850, praying the Shropshire Union Company, the
defendants, might be restrained from prosecuting that or
any other action for recovery of the wharfs sad premises,
and praying the specific performance of the agreement by
the grant of a lease to them, and for a declaration of the
rights of the parties ander the agreements. The plaintiffs
obtained the common injunction for want of answer; the
defendants having put in their answer had obtained the
common order nisi to dissolve the injunction.
Mr. Matins and Mr. Selwyn, for the plaintiff), now
showed cause.

Mr. Bacon, Mr. Willeock, and Mr. Chapman, for the
defendants, submitted that the injunction ought to be dis-
solved. _

The case occupied several hours yesterday and to-day,
and on its ceneluaion the Vice-Chancellor ordered that the
injunction should be continued to the hearing or until fur-
ther order.