The Express.
London, England, 1864-11-15 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before the Lord Chancellor.)
TATII.Of r. DRI:IIItOND.-JUDG3II,IIT.

gras an appeal from Vice-Chancellor Wood. It
: that lfarriet Mangier de }forts, Viscountess
will, being an appointment under a power
in her marriage settlement, dated 4th
mad° the following bequest:
.•
,on of 20,0001. Consols which will come
my mother's decease, and which I have assigned
.:u,ters of my marriage settlement, t give and
, direct and appoint, the wine onto the treasurer
time 14';Dg of the society called and known by the
• i'oyel Society for the Prevention of Cruelty
.taliikhed in 1821, to be at the disposal of
tt.r f. r um time being of the said society. and it
i. 1.1 that th 6 sum and the dividends thereof be
'hr tail committee as they shall think beet
,:ablishment in the neighbourhood of London
sterof slaughter-houses away from the densely
is which they are now situate, and for
I,rot, ciion from erneltr to animals

, ...- —..
,latightered." By a codicil to her wwiillß,,
- i ..bru..ry, 1828, the tasting': bpaaathad
„. •• ‘cd I Rl,O revoke the legacy of 20,000/.
• • tl , rord so,iety for the Prevention of Cruelty
~,,I in Ihu thereof give to the treasurer
•• • o to. ..: of the said sod ty the sum of
•i . ..n:•• trusts as are iu my mid will
v. • f the sum of 20,000 F." 'no testa-

Nfendants, k. M. Drummond
ceuton, and died in September,
the plaintiff, I'. C. Tatham, an
t!.. against the execaton, praying
1:.;;h: be aliniuistenxi under the direction of
the •ineetien now lay between the Society
• ~:.tion Cruelty to Animals, and the rem-
,,,•ne in ander the decree—the
• ~-taining and the former denting the gift
.te.ut.. of mortinain. The rice-Chan.

t ho valid notwithstanding the statute.
.ent si.pasal troughs, and wu argued before the

I ;olt no,' 31r. •,t ton appeared for the residuary legs-
%lt. 4 ~tfAra .• tlr. t.wanstou were for the society ;
! Wickens were for the plaintiff ;
t..-• l-'endanta.
L rd t !.‘r. " • • •,r delivered judgment, and said
••) tn• of charitable bequests it was
f the c •-r: • , ascertain from the words of a
• t' their ordinary construction and
• tr•lr intention and meaning of the
I r ;!.. .11( the first instance referring to the
• al.:di n.igLt be exercised on the bequest
• •A• st ,rtte cf mortmain. When the true
• .tha ; of the testator bad been mew-
. t!.e ....tut should then proceed to inquire
••• It one to which the statute of mort.
,1 but no deviation could be made from
• ••tl n of the testator. The principle was laid down
• • Uri in the case of the "Attorney-
• . tr,p.i .re.." when he said that " tbe court could not
• • nception of the purposes of a testator
- those purposes fell within the operation
• .te f tr.ortmatn." The question was what was
• • •.• th, testatrix on the present bequest, and
. i,•T the statute of mortmato, would have been
The will provided a sum of money towards
• of Altughter.bouses in the neigh.
Af ,ud Westmitster away from
pla,•ev. The Vice-Chancellor made a
• hetwen the words, " towards the
• et" and „in the establishment," but be (the
could not concur in so fine a distinction.
• 1. • f the will clearly referred to the establishment
• r.L.U4.1.44, and but for the statute of mortmain
- .ye bean rood ; or if the bequest had been for the
i land for the erection of schools or churches the
2,1 have had an effect. The Vice-Chancellor
• Pat the erection of buildings was not
a,s• of carrying out the bequest because the sites
. . • .!.ey might be erected might in time become tor-
• : y houses. He (the Lord Chanoelloe) could not
• .: c.P I,equest would bedefeated by a remote pouf'.
• A the testatrix had not contemplated. This
• •a want of prevision in the testatrix ; but it
rti-de the bequest. The evil apprehended
ice-Chancellor might have been obviated,
e slaughter-houses which might have been erected
• surrounded by houses, the land on which they
.• a uhl then have become so valuable that it could
aria 1d to advantage, and the purchase money ap-
• the erection of new slaughter-houses elsewhere,
.e-slancellor said that if the slaughter-houses had
--led there could have been no means of compelling
to use them, but that applied to the prudence of
• .ft only. He was of opinion that the bequest was
reel under the statute of mnrtmaio, and the cove-
. • ..st fall into the residuary estate, and he must also
that part of the decree of the court below which gave
its out of the fund.

- -
COURT OF EXCHEQUER.
it Roca—(Before Lord Chief Rayon Pollock and
Baqn, Bramwell, Channel!, and Pigott.)
,11.-.1:%!11:1 I'. LANGLINTAL—JrthaInit
The COW: .:,‘e judgment in this case. in which Mr.
• ..them h.id'o'•ainerl a rule to show cause why the de-
abeal.l be discharged out of the custody of the
of Kent. The defendant had executed a comp,-
• deed nil after execution, bat before regtetratiou.
•.- l-foulant was arrested. The deed had since been duly
R.:thin the 22 days, an required by the statute.
r.l,hql now made the rule absolute.
.*-

NEE: Ile DAILEY r. winTrurturr.—JVDClllNT.
•ry ao triton of trover for a canal boat. tried at
ail kfore Mr. Justice Me/lor, when a verdict was
:f.n. the plaintiff for 501. Mr. Iloddlestoo moved
'he j.re...nt Guru for a rule to enter a noasuitor for
trial an the ground that the verdict was against the
-. and the learned judges intimated that before
r t-futimt th,, rule they would consult the learned
La the c.te. The court now intimated that
..I!ted the !turned judge they would grant a rule
• :r a consult..

THE POLICJI COURTS.

(THIS DAY.)

CLERK EC WELL
••• 7I.E.—CW.III4INT AGAINST THE. POLICE.
Aes All ',it rt. aged I', but who did not
• ••• 0. no the charge sheet as an ironer,
•• r.liEv °court with attemndog tome-
' •‘• .-star honed into the waters of the
. • • •
of 23. Canal-terrace, York-
- -i •• • • morning, about half-past 1, she
• . • ~ some one was in the water, sad she went
a.. •v 5,..1 saw that the prisoner was in the
• .„1 the wiodow and called to • man, who
• • •.• •r• r Had she not been got out when she
n • . that the prisoner would have been
‘‘-',•• s the p-isouer bed partially recovered, she
throneh BA, Shred that she had done it. She
and the prisoner was taken in
t ••uyital. Whilst on the subjeet of the
v•••:,1 to remsrk that during the three years she
• r••••• Canal.tertsce she had witnessed several
std it was only last week that an un-
• '.• v •• • r er.reed up sod down there for seedy an
'• • • • T. , pd:.•eman could be seen or found. She
••' ,• - a policeman down that terrace, and
cdds to, nod thus necessarily comes
• . f :Le night, bad remarked the same fact.
'. • ,mu,, was seen a little oftener round
•I fewer attempts at self destruction.
I
so ,ken to, said —I have nothing to
• • •rn sery sorry 1 did es! do it completely.
' • •- t•risolier, a reste•,....We-lookrog woman,
• • ~ el ,;,,t nconaiute I w:th a low fellow, a
• the habit of taking her to public-
. , • r,tle mother) bad strong objectless,
• .• 'de fellow was old enough to be her
•' • • • • Ti.'.: 1...1 rs...le the borne a little un-
'••• : week• particularly when as the pri-
ket. to she said alie would do as she
• ilea that her daughter 000templated

a.he.l the priwaer bow she got into the

• tr.at unconcern—l got over the
~..f I:1.

made you do such a foolish sod

1'••• •• lam tire.] of myself and every-
`d. e.otLet r, ell against me, sod I wag
l • It
.t: t•••••••e4 4 tl.e prisoner to the House of
.s• t, "tall direst'd that she should banes