The Express.
London, England, 1852-01-20 00:00:00

THE EXPRESS, TUESDAY EVENING, JANUARY 20, 1852.

SPORTING.
TATTERSALL'S—Mox DAY.

The declaration of the weights for the Chester Cup, if it
failed to give an impulse to business, lied the effect
of driving llareo.hd out of the market, nisi of giving
the lead in the betting to two animals—Arieeto and
Grand Duke—who had previously been scarcely men-
tioned; nothing else was backed to any extent—the
Handicap, although open to some objections, is gene-
rally approved. Some rather heavy transactions were
effected on the Derby, Augur, Orebo, Kingston, Alfred the
Great, and ',ilium being most In favour ; the odds quoted
against them were taken freely, and their backers would
have gone on. Closing prices :
LISCULS HANDIeAT.
to 1 rot Mr. Martlroao's Visa Manna (t)
S 1 Me.l. OrboreVo Lady Apes (0
METROPOLITAN MANDICAP.
100 to 6 mat Lard Kolintrio's Llthiron
30 to 1 Mr. Muni:,, Ilarerkot
CULOTTE UPI'.
. . .

30 to 1 apt Mr. ft)
1,010 to 3n Mr. Herbrrt'a Drawl Duke (t)
1,000 to 30 Mr. J. Merry', Martleader (t)
33 to I Mr. J. Mime() High Shedd
40 to I Mr. J. Stanley's The Ounfiolit (t)
1000 to 23 Mr. Palmer'. Hddrlnder (I)
1,00 t) to 2 Mr. Martinont's Nancy DI
LIMO to 2 Mr. C. l'hllllp's Kohd.Nwor (t)
1,1000 to I. Mr. Morrneallare.foot
1.001( to I Mr. Martinam's ElllA Middleton (t)
1,000 to I Mr. Magenis'. Aphrodite (t)
I,tan to I Mr. J. Iltll na Harp (I)
1,(01 to I Mr. Ilarrionn's Tom
TWO THOUSAND GUINRAS IMRE&
to art eir R. rips'. Mdiw (t)
DEIIIIY.
to nest Mr. Merry'. Hot:Atte Noble (t oto I)
It to Lord 7.erland'a Augur (t freely)
IS to Lord Ribblesdale'a king.ton (t)
IR to Dlr. J. Manley's Ort4to (t)
23 to Mr. J. eltebbinpra Alfred the °lent (t
23 to bled Ithidderda'e'• lapidiat (t, and Mt off)
30 to kr R. Ingot'. Y4Uu. (t freely)
30 to ICr. Dorrien'a Chief Baron Nicholson (t free))
WEIGIITS FOR TI
Age. n. lb.
Clincher 45 9 3
'tcddiugton
Nancy 4 9 1
Woolwich
King of Ouile 6 8 10
Ncwminotcr
Vatican
Miss Ann
Itussborough 6 8 7
Elthiron 6 8 6
Mountain Deer 4 8 6
Grecian
Confessor
l'itsford
Truth .
Marlborough Buck 4 8 2
Alonzo ...... 6 8 0
Aphrodite
Backbiter
Cossack
Mark Tapley 5 7 1
Ariosto
Payment 4 71
Lsay Evelyn 6 7
Chief Ju.tice 5 7
Hippolytus 4 7
Ithesus
Newham .... 4 7
Le Juif ..... 4 7
Goldfinder 4 7
Barcelona
The Marquis 4 7
Mendicant a 7 5
ltaby .... 4 6 7 5
NluidoftesdaValley 6 7 5
Tricastrma 4 7 6
Musician 5 7 5
Old Dan Tucker .. 6 7 5
Black Doctor 4 7 5
Sir Rowland Trcnc

CHESTER CUP.

uw.
Timid Fawn 4 6 0
Recruit
La Fiancee 6 5 12
England's Glory
The Indian Warrior 3 5 11
King of Trumps 3 1, 11
Grey Tommy 3 5 11
Justice
Wilmont 6 5111
Sister to Fencer
Consolation 4 510
Cyclops
Waterfall 4 5 10
Heriot 4 5 10
Coryphec
Vermuth
Finesse
Young Troublesome 4 .5 8
F. by Pantaloon
Stamford
Facet
Daniel O'Rourke
Trousseau
Rachel..
Paddy Bird
Thu Niece
lagratitude
True Girl
My Fancy
Merry Bird 3 5
Alfred the Great
Bird on the Wing 3 5
High Sheriff 3 5
Bardolph
Allegro
Old Rowley
Adine
Maoism 3 6
Little Songs 3 5
Lancaster
Little Harry'
St. Michael 3 5
K navesmi re
Maid of Lincoln
Redmond O'llanlon 3 5
Lady Amyott 3 .5
F. by Ithuriel out of
Sorella's dam 3 5
Uncle Sam 3 6
Mountain Flower
Consultation 3 6
Bethstelert
Koh-i-Noor
Maria 3 4 1..
Bro. to Russborough 3 4 12
Poetess
Captain Flash
Sir Charles Napier 3 4 12
L' I rico
Galvanism
By Melbourne c out
of Sally Warfoot . 3 4 12
Detch Lady
iqual
C. by Cothorstono
ost of Wryneck
Jessica 3 4 10
Lseio
Prince l'atriek
Sophistry by Tboon 3 4 10
Constantine
By ltaton, *dans
-by Melbourne 3 4 10
Burndale
lisolibury
Tooted 3 4 10
Thunder 3 4 10
Kato
Mary Ann 3 410
Joe Miller
Richard Primmer 3 4 10
Diamond 3 4 10
Dismay
Ohl English Oak
The Suttler
Bess of Hardwicke 3 4 7
Happy Joe 3 4 7
Tons Moody
By Fang!' a Ballagh
c out of Doha.— 3 4 7
Dalton 3 4 7
Royalty
P00d1e.........
Urbanity
Athena
Scarecrow
Proudfoot
Eller
Limy
Surprise (h b)
Barley Sugar 3 4 4
Benito 3 4 0
The Shadow
Santry 3 4 0
Young Hawthorn 3 4 0
By Lanercost, f out
of Jemima 3 4 0
Water Lily
st the 2nd of February.

hard 4 7 5
Doubt 6 7 3
Herbert
Bgby Y. Priam
Lamartinc
Lord of the Manor
Due an Dhurras
Retail
Italian 5 7 0
Earl of Warwick
Nutshell 5 7 0
Officious 5 7 0
Wild Flower 5 7 0
Hesse Homburg
Broken Hearted
Lady
Calculator
I Ringleader....
Birmingham 4 6 12
Exeter 4 6 12
Kick-up-the-Dust
Vampyre
Young England
Ballet Girl
Dolly's Brae
Achyranthee 6 6 1 I
Tom Holtby
Storyteller
Lough Bawn 4 6 1
Camas 4 61
Hungerford
Ephesus
llothorpe
Constellation 4 61
Tragedian
, Oholab Singh
Ilaresfoot
Kathleen
Cockcrow
Woodlark
View Halloo (h b) 6 G
Gladiola
Mouse .5 6
John of Berwick
Ebor
Terpsichore
Gnusd Duke 4 6
C. by Harkaway 4 G
The Countess 4 6
Grosvenor
Candlewick
Eliza Middletoa
Aaron Smith 4 6
K nook Knoll 4 6
Unity
Brava 4 6
Cardinal Wiseman 4 6
Mrs. Birch 4 6
Paquette
Tancred
Tophana a 6
Dulcet a 6
Abbess of Germane 5 6
The Castle 6 6
Virundiere 4 6
Letterpress 4 6
Sl...doter°
Harp
Forfeits ts be declared c

ILIW intelligence.

EQUITY COURTS.—YorruDAY.
Is I. ISCOLS'ISANS.—Baroas vss lotaCSASCILLOIL
PftblelVAL V. CANST.—QUESTION or ADMISSION OP Ax

OILIOINAL Awevria or A Raviens SVIT.
A question of practice again occurred to delay the hear-
ing of this curious cause on the merits. The bill
was flied by the plaintiff in October, 1847, agalut Mils
Caney, a lunatic, and the committees of her estate, Messrs.
Stanton, Verrell, and Page. The answer of Mime Qum
b her committees, was filed on the 10th of December. The
plaintiff, by an amended bill filed on the 18th of January,
1848, proved that the defendant Caney should be declared
to he a trustee for the plaintiff of the sum of 4,3001., Throe
per Cent. Consolidated Dank Annuities, and of the divi-
dends then due to the plaintiff in respect thereof, nod for
an account of the dividends due, and for transfer and pay-
ment of the stock and dividends. The answer to the
amended bill was filed on the 20th of June, DIA On the
29th of June, 1849, the defendant Caney died; and on the
21st of July, letters of administration were granted
to her next of kin, the defendant Stanton and
his sisters, Mrs. Verrell and Mrs. Page, the wives
of the other committees. On the 4th of Sep-
tember, the plaintiff filed her bill of revivor and supple-
ment against Mr. Stanton, Mr. and Mrs. Verret', and Mr.
and Mrs. Page, whose answer was filed on the 27th of
December following. An important point in the case was
the destruction by one of the defendants of a memorandum,
which, as alleged, admitted the trust. On Saturday the
0600 on its merits (the appeal being from the whole decree
lithe Vice-Chancellor) was opened by Mr. J. Russell on
behalf of the respondent, sr far as respected :he general
outline of the facts.
Mr. W. W. Cooper, who was on the same side en Saturday,
elei the argument being resumed, proposed to read the an-
swer of the defendants (the three committees) ter the original
ML, with the view to show admission of a material point
larby the bill.
Malins, Mr. Chattiness, and Mr. Steer., on behalf of
the appellants, objected to the reading of the answer. It
wee in by the committees, not by Miss Caney ; and no
of theirs could be allowed to be mail against, or
to prejudice, her or her estate Miss Caney hail not ad-
mitted the fact of the memorandum, and her committees
could not admit it as against her.
Mr. Russell and Mr. Cooper having replied,
The Lord Chancellor said it seemed to him that is we
comp, tent for the plaintiff to read the answer. l'lse
thin did not arise as to whether the answer could or odd
not have been read in the original cause. Most of the ar-
guments for the plaintiff were directed to the point that
whatever might have been the effect of the answer against
the lunatic the character of the case was changed in conee-
queue° of the answer in the revived suit. It was said that
they h sd virtually set out the whole of the cireamstancesl
before stated, in the new character in which they appeared
in the of her suit, and therefore that the plaintiff was enti-
tled to iNsad the answer. lie must therefore inquire who
the defendirata were; because the first head of objection
was as to the legal character of the defendants when the
11111W.tr was Wed. The record contained the answer
to the Are defendants is the revived suit, and he considered
it pretty much tNe sense as if they had said that the defence
wee (oriented in a certain deed or written document, and

that document had afterwards been properly proved in the
cause. The whole que-tion turned uu this —whether the
fire defendants had set forth in the answer to the revived
suit matters contained in the former answer. lle was sales
tied that they hod done ro, and he was then fore of opinion
that the plaintiff was entitled to read the answer.
The argument o.eupied the court during the whole day.
The appeal will be proceeded with to-day.

Barons rue Mama or Tit "ALIA.
SANDRILSON V. THE COCIZNMOrTIi RAILWAY COMPANY.
'Phis cause came on on further directions and costs. Plain.
tiff being the owner of certain land which the railway in-
tersected, entered into an agreement with the company,
whereby they were to pay him 320/. for such portion of his
land ss was required fur the purposes of the railway, the
agreement containing a clause that the company should
make roads, slim, and ways for cattle. The company made
the railway with a level crossing for carts and waggons,
and a cattle creep under the railway. Defendant, how-
ever. did not consider this road and cattle creep pare him
suflieii rat accommodation, inastanch as they were of them-
.

selves inconvenient mud aangerous, and also because they
were at the end of the field furthest from the river,
and likewise from a Mil from hi, house to villages in the
ttt ighbourhond, which, in fact, the rai:way stopped up, leav-
ing the plaintiff to go round the whole length of a field and
bark again to get into the road, and ho therefore filed a bill
to compel the specific performance of the agreement, and
also to compel the company to build a bridge so as to pre-
vent the divergence of the road. The matter Was referred
to the Master, who reported that the accommodation
afforded was sufficient,: with certain additions and altera-
tions, and the substantial question now before the court
was which pan, was to pay the costs of the suit, which, it
was stated, amounted to tour or five times the amount of
the purchase money for the land.
The Master of the Rolls said he considered that plaintiff
had demanded more than he was entitled to, and the com-
pany had been disposed to grant less. Ile decided that the
plaintiff should pay his own costs, and the defendants
theirs.

131 VICIZNARCFI.I.OII Tun NMI.
Ilex (MON V. ILANDA

His Honour gave judgment in this caw, in wilich a bill
hod been tiled against the executors of a trustee fur breaches
of trust alleged to have been committed in the lifetime of
the testator, and dismissed the bill with coots.
IN TIIE MATTER OF SII/ JOHN I'ORTE'S
. . . . _

Mr. Itolt and Mr. Amphlett were I;;;diWthisCatie in
opposition to the petition on behalf of the governors.
Mr. Daniells followed on the same tido on behalf of
Mr. Moseley, the master of the hospital.
Mr. Follett was heard on behalf of Dr. Peel and the
other masters of the school, but no new matter of interest
was elicited in addition to that which was fully reported in
the Daily News of Monday.
The case was again adjourned at tho rising of the court.
DIM., V., M-CiIANCYLLOIL MU K. liI4IASPLII.
Juiimiom r. toll SPEciric PEUEOII.3I.