The Express.
London, England, 1855-05-09 00:00:00

ILain intelligence.

EQUITY COUitTS.-MAT 8.

IaJILS TIM MAIM Of TM ROLL'.
lIIIRCHAIIT TAILOSe CUM V. TIMICOTT...-YET.CIIOI
ealt nue

SCHOOL.

Mr. Bounden Palmer moved rot an iejenetiontillistrate
Ilse &readapts hem mending in the stationer tj. buddies
wwildte the KerchaatTailon' School, whereby hes garage
wash% and air to the school would be oteirseted. T
Wheel is situate ia Sagolk-lane in the city. The lane is
wry narrow, the width being only 14 fest. Some time age
effeedstits purchased abuildiog cpposite the echuol, sad this
111111Bding they pulled down and they commenced erectiag
Whether. lbe old building was 46 feet high, bet it is in.
tended ',Maths proposed new building shall be 65 het high.
It is, however, pissed two feet hatter back than the old
building. The building is in the progress of erection, and
is already higher than the old building was; but on •
former oecasion,when the motion was reedy to be brought on,
the defendants gave an undertaking to restore the building
to the state it wee then in, In cue the enact decided ageing*,
them. The defendants. it was likewise stated, intend MI
have a steam engine in the bedding fur the purpose of nes
ryiag on their trade as printen ; and the tuition also tame*
to restrain them from erecting • steam engine. Before de.
readapts commenced the new building • anti& was send
upon them on behalf of the plaintiff*, forbidding them from
erecting any helloing which would obstruct the light and
Mr more than the old one did.
Idr. Loyd, with wheat was lie. Cairns, for the de-
fendants, ...tended that they had • perfect right to do as
they had done, and that to decide otherwise would be to
decade that a man could not build on his own land.
His Renoir said that he thought it very unfortunate that
the case was net presented for the consideration of the court
before the building was commenad. It was quite clear
that defendants had distinct notice of the objection whisk
the plaintiffs had to the building, and they meet take the
coed ocean. If the care had been laid before him on the
evidence now adduced, before a Mogi' brick had been laid,
he should have had no hesintion in granting an injunction
against erecting the building. He thought, however, the
detenoaots were entitled to have their right tried at law,
and be should give a dtrerion that a trial at law should
take place, and, in the mesetion, the injunction would be

110111112 'fiCO4WOIIIIOIIIKI 3. MART.
BOSTON 11. ILICHAILINION.
The usual administration deems had been made is this
suit agaiast ezethsors to admisistar Their testator's mtatir.
Mr. Dishes and Mr. Hard, sow appeared is support of a
motion, asking theta Mr. Osloworthy might be restrained
by injunction from preeseding with the atrion commenced
by ban is the Court of Queen's Beath spinet the 'canton
se with any other action against the pliastiffs concerning
asp debt claimed to be due frost the testator in the plesdings
wined.
It appeared that Mr. Galsworthy wee a creditor smote
judgment against the testator in his lifetime.
Mr. Taylor, for Mr. Oalesvorthy, esbmitted that the
ease was peculiar, that Mr. Oalsworthy bad a right to
have his judgment revived against the ezthaton, and
that he had sot intended to preened further with the
action at law except for that purpose; and he nth.
minted that the court, if it stayed proceedings at all, should
do so giving all oasts already incurred to Mr. Gaistorthy.
He cited " Vernon v. Thelluesoo" (1 Phil.) and " Boar v.
Smith" (Jurist, 1862).
The Viee-Chtheellor said that this court having under-
taken to admitacer the estate of the testator equally, would
not allow the Ramis to he wuted, and giving Mr. Gala-
worthy his costs up to the date of the decree would etay his
proceedings at law, and order him to pay the costs of the
plaintiff' in this snit at law after notice of the decree, and
also to pay the mats of this application.
COURT OF QUEEN'S BENCH.-MAT 8.

urrur LI

111 QIIIIIN P.

LOAD CANIPIALL,ASID JVITICU WlOl

ma. ms. AND amines'.

RAILWAY

COMPAN T.
The Attorney-Gamma (with whom was Mr. Willes) said
he appeared on behalf of Mr. Chaplin, to show cause against
a rule calling upon him to show cause why a mesdames
should sot Mine, commending him to eaeertain and declare
the state of the poll on the election of directors in the South
Western Railway Company. It appeared that os the 10th
of August an election for a director of that company win
held, at which Mr. Snell and Mr. Willem were candidates—
the former having a lug* majority of legitimate votes. Mr.
&tell had resorted to proxy papers. which was quite legiti-
mate. Unfortesately, however, there were some of these
which had not been filled up by the shareholders. who had,
, promised hits their support; and he, thinking he
had their authority, filled them up, asd signed them in
handwriting which would lead at first sight to the belief
that the parties themselves had signod them.
Sir F. Theeiger—He had written to the parties?
The Atteraey.Geseral—Tes; and so doubt he believed
he had their authority. Mr. Bull having admitted that
thou proxies had been signed by him, • suspicion arose as
to what might have been dos* with other voting pepsin,
end a reference was then made to • gentleman of the bar,
who sated as meteor to Mr. Chaplin, the chairman of the
company, to ascertain what the real state of the poll was in
the voting papers which had bun given in. It was proposed
that Mr. Snell should be examined, but that woe declined;
end so much easpierion being attache 1 to the state of the
poll, Mr Chaplin had felt himself bound to call for further
inquiry. Twenty-three other voting papers were then
examined. Ia respect to then Mr. Spell lied filed
affidavits, and from these it appeared that as regarded
lb of tee papers, tho parties said their names bad
either been allied by themselves or by pasties authorised
by them. As to the remaining seven, there were no answers
which appeared to him satisfactory. But whatever might be
the facts ea regarded time voting papers, there could be no
doubt, setting them aids, of the result of the poll—that the
majority of the legal Totes was in favour of Mr. Spell. He
and his 1 d friend had therefore advised Mr. Chaplin
there was no sower to this mandamus. He had thought it
right to mate these observations to satisfy the court and all
interested that Mr. Chaplin had acted from no personal
feeling or interested none*, but simply in the discharge of
his duty, in declining to declare the state of the poll in favour
of Mr. Snell until en answer had bees given respecting the
state of the voting papers in gusetion. There could be no
doubt there was • majority of votes in favour of Mr. Shell
irrespective of thou voting papers, and he could not resist
the mandamus, because Mr. Chaplin we. bound to declare
the state of the poll.
Lord Campbell said Mr. Chaplin was bound to declare
the state of the poll, whatever the result might have
been.

Sir F. Thiel/sr maid that, au behalf of Mr. Snell, all he
wished to sey was that as the proxy papas had to be lodged
before the 7th of August, that gentleman wrote to the
parties who had promised to support hint, stating what he
had done regarding their signatures, and that he did sot
intend to use them without their authority by the day of
the election. He alto wrote to Mr. Willcox, stating hew
the prcsies had been signed, and that he hid got the mac
tioo of some but not of all of tit? parties. Mr. Wiliam did

not immediately answer that letter, bat is two or three
days said he did not object to the proxy papers being med.
Therefore, though he would admit Mr. Snell had acted
wrong ta signing those papers by anticipation, yet it was
perfectly clear he expected what be did would be fully mac-
timed. tie made no secret of what he did, and when he
found that he had no authority fres the parties he with-
drew them, and from lint to last he voted= the legitimate
proxies, which gave him a majority of upwards of 3,000
votes.

Load Campbell NM the rule mut be made
Bale abealeteemmallagly.
MAMMON IP. 110111/..-44111.L.

This me an masa In libel tried before Mr. Imam
Cieerwsll, to +halt the delbedeat pleaded "Not guilty,"
Maui justilleaties. It sum est of alsounutaseta •011.
aseled with the siseelen Ar Prone lost year. It having
bees Maid to the dadminit. • pargess residing in Frame,
ilinialbe tit( • anighisass, bed bola guilty of Genoa
dusiag the
wow, she
lamaght the MOM
==iss notice of Mr. Nisheile, asseemsfal magi-
dela who laid the matter babes Yr. %Mingles el the
Ilease-eldes, whoa he wee Wieland shat aIT sash eim.
}Luisa must be embodied is a memorial. All the pima
who could give soy soilless* seigestiag Mr. Huries'a
modem were samelesd Mare • emmakese ad the einem
of Prime, aml Visa eitlisaie was embodied M • msemdel
Wby $4O peseemr saisaget wham was the dedeadint,
el was f rworded to Thecient Palmerstoo, tees Remo
dß=praying diir ea bigotry kilo Mr. lierames is..
that he might be vemoved hem the eemakelea
the meek if Me amps allegslesathim meal bummed.
This meneerial was Me- libel eft. As the leki.the
yea bead a mail Pa the with 116.
ame that the dedaedest was ilialliaNd lobar di
pilot whether Ike memorial Mennalleal the Swasormy et
Mims for the BIM Degmaimal was a phials* mmemai.
miles wee reserved be the malign if this see" aad a rale
was ishasquently obtaked to set aside the verdise, ea the
posed Ow the coammedestion wee privileged.
Mr. linjeast Kieglike, Mr. Mum and Mr. Amy now
111680114 OMNI agile* the rale, ea the ground that the aam-
ssimids• meld age be regarded as privileged, having bees
addisisoll la the Ilsermary of State, who had no juriadietke
do the weaMer, hionad of to the Lord Chancellor, end dist
lbe dthedsat's belief that the former was the proper
aialherity maid aid alter this state of thiap, as far as a duty
Nelei immersed.
Mr. Blade, Mr. Collier, and Mr. Edwards supported the
rule.
Lord Campbell said the court would take time to consider
their jadgeosat.

BAIL COURT.-MAT 8.

iimniChn WaL-11112011 EL MMUS COMIDOIL
inszata v. ONDII IWO NSW LAW.
• vol. had born obtained by Mr. limpley ia this we to
MS adds en seder of Mr. Jastise William., esabling the
to pier so swarm's sad judgment as if the &-
hag men peresaal/y served wigs the writ, on the
this bte Oefendast wee net nodding within tbejaris-
of swam' at the time the writ was issued. Whirs
Oink ono says, .:rgansant Mr. Lash, in showiag tame
=o r ago. osates.Mil *et if the plaintiff be110w...1 the
mad mak h. *Wisdom of this court, gad
Male was w .
the toolney, the plaintiff we.'
ausisi is= wit7;l4 %aim Jadgmat U the deka-
bat dll aft
beim ti,
__ having ban intimated
remarb. 136 me to
—67,4•••••7 isz applieatioas in other
wars au. 4
11Pliaatloaa had hoes tbs So wham Mese

His Lordship, is giving judgment this mornieg, said that
it arAmairiso hem the allidavit that the defendant hod been
irat of the jurisdiction of this court daring the whole of the
turcaedings,the plaintiff could no longer proceed with the
'grit be had issued. There were two forms of wilt prsi-
videi by the act of parliament, one contemplating the can
of a party wile wee sworn tote resident, or au ~posed to be
resident, within the jurisdictiot% of this court at the time
the writ was issued, and if the defendant did cot enter ea
eppeueaee .a eight days certain consequences followed,
where personal service Gould not be effected, owing to the
miseonduet, of the defendent. The second form of writ
provided for the casi:oi a defendant being a British ash.
j et, resident oat of the jurisdiction of this court; end in
that ease the time for entering an appearance was left to the
discretion Ll' the judge to fie. As no misconduct had been
shown on the part of the defendent, there was nothing to
deprive him of the benefit of the 18th section of the Com-
mon Law Procedure Act, and there would have been an in•
justice in allowing the plaintiff to enter up judg-
ment when for all that time it appeared the defends
was oat of the country, and would be unable to enter
aa appearance within that time. The writ was a perfectly
good writ, and ii the defendant returned to this country it
eargtt be enforced, and therefore it was not necessary to set
it aside ; but the subsequent proceedings, being inapjlicable,
must be set aside.
Rule abeolats.

C. TWIT.—PROKIBITION.
Mr. Wheeler applied fee a prohibition to the judge of the
County Court of Bolton, to stay the proceedings in this case.
The action had been brought by the plaintiff, as a member
of a friendly society, against the defendant, as the secretary
of the society, to recover the sum of 21. 10s., being nice
weeks' pay due to the plaintiff as a sick member of the
society. The application was made on the ground that the
county smart had no jurisdiction.
Bale granted.