The Express.
London, England, 1852-02-19 00:00:00

THE EXPRESS,

lain NT
EQUITY COUR
know le LUMPOLIA
001.1 V. 11010AN.—LSOACIU DOKUTIO
DO NOT MUSD. L OARDRORD.
Skis wee an appeal by the mentors of Mb late Ihrl of
Oreany hos s wane of the Viee.Ckaacellor Sir J.
Brace in payment of fifty-twe weeks' wars. pa the
NM MM. pee esesss, with interest. The late Led Ma-
passer by bb tamest dtreeuNi that bie easseless ahead
pita seat of the stews* in his'. dense* alshhhissat"
Mae thee of ids imam • yeses wept two gibes swim
SaeMe calm The plaintlf Ogle wee Ms 's
pplemir, sapped ea a yeasty bletsi. trekpad N
Uslseelt.
sad.w.ll:4l,irVertemeretenisentir=in
silrk Ms Neater. It apposed the erliegen that
LWhe osseniamilly -Meet the sensate at the
. wee eely by the levitates of the upper ser, eats.
The esereeen heeler refused to bilis& the plaintiff as •
Wiebe Sled • bill in Chaocery. The ViceChmecellor
that he was =titled to payment al • year's wages
maw the terns of the will, and aisle the ewes saw
called tee.
Mr. Bothell eel Mr. Pitmans, is sapped of the decree,
asetsailed that the pries was • pat of the establishment,
wreassoy to the eariliet sad esalreent of the noble lard,
sodlheere phis/111 a lb haiship's paelleser, basin
&sere (RIMS wrist pee • ittede lenses.
Me. I. Musses sod fm. Teir soars principally relied
es the fast, that the plaudit MO sot live in the castle,
bet wee eml, time wadies* ea the invitation of the
servals.

MT.

Mr. Bothell having replied
The Lod Chancellor said, 'however smelt he might feel
disposed wider the eireumataneeil of the come to take a Lip
view of the dattee in the deed, and entertaining the highest
rages{ ho fir opinion of the learned VkaChancollor, an
the heel eimiderstion be hod been able to give he the owe,
he We miseur in the decree. This was ewe if dm.
=la which it was very difficult to say when a Bee
dean. The testament gave to each se
.vast is Lord Abergavenny's domestic estahYshmed WI
the time of his death a year. wages. Thom=hit
hod to airs in the drat place whet was W
wisail wbo hd within that dr edptioa.
Adis ea. be thee, aeme,ii:jppe4ed say derelowe et few
ad eiedie diet me INF
alma INS .9
• =WO hem being
IR the amtlith2. asis lboosibre searry to
Inquire, in w eases we Watioso and this oupsnotas
Is every ease or esedieles a wile it VIII II Md. in sq.
that &judge bats Mosh St witollort was lisp and wesa-
tom bet in wire man a WNW sad a wail twos. It
wee well remarked et the ban dm it wee repeeme es belt
Wm difference between a setest the tiellimeat
a tenant in the &meth weddisluesaL Owed I
aft amp weed dessals" wee hoe intredeted as a limita-
tion ea the expewelea " etteblidheesst," set that it was in-
waled le draw a Mee between girt were Isemdly rolled in-
door sod oat-dote aseessie It was aped, that M domestle
wryest was or who odisistamed to the osodart and enjoy.
sweat Obis swarm bet the dellaithe ewe tee loose, for it
would Wields a seeadheew, the pewee who milked rows
and We op Irk -sod triwe toe a bidder, in establish.
wear whom sopped their owe tables. The &-
/deft sr Mwiu lee wide ; sad betheeeht ant the
his etweleeedea wok this it was Weeded Ie drew a lime of
dhtlestiee 114111011111 lie•deee led etsfrdeee servants, mad
=the beweest tower O. U.S It was eaa-
OA the phietil wee • dessitie servant, because he
lived le a Mop Is the oldie tithe garden, being provided
with Wens eel tatailase awl /ring, and also with milk
by bb wasett, theeeldes that he was to be considered as one
of
the holy. )kasawldresedine this view of the caw he
Win deebild witedier pained' fen within the descrip-
tion. Le bwedlite this adverted to the cases which had
bees deed la the NOM is the argument : " Moore v.
Adem." " Nolen v. Ahoy" (2 Crompton and Meeson),
" Towner& v. Wiliam" Vernon), and " Woofing v.
Ellis," as the eseelewilise of Lord Leicester's will (9
Jurist). It did est sneer to lie that any of these cases
mend the perms* decides. On the whole, he must own
that the weed " dwell" did appear to him to draw a
line width ozeleded the plaintiff from the bequest. He
was afraid that, were he alone to be iniaenced liy inclina-
tion, he &mild decide otherwise ; but he must bear in mind
the homely legal proverb which bad been cited by Mr.
Russell—" No judge has • right to sell leather to make
poor mei. shoes." On the construction of the will the
plaintiff was not entitled to the bequest.

LZTDI O. Ti LONDON CORN EICRILNOR CONPANY.
This is an ap frun asjr=t I
of Vioe-Chancellor
Haight Hasse amain Mr • hill. It a tithe
question We,s. theseator dme will of St. Mare, ia
the City, sad the Leadsalhwa Ersoluiage Company.
Mr. Bothell was preesedlag with the argument when the
Lord Chaueeller nen
The Lord Chamellsr will not sit in the Court of Chan-
cery to day, bike mignsod in the Howe of Lords.

BEMs' T ics.aupcizzoa Sea 0. 'Draw.
Loxo o. Stows. . .

-----
His Hews* wave la this use, I. whisk a bill
had bees hied by the es mectialpess of *is miaow
son of Bt. Hiles's, Camberwell, he Beembeen... The asly
important question was, whether the asedeest wee We...
The alleged ground was, that the metiege deed yes &led
25th March, and reserved interest at ef par ogee. ha that
date, with • condition that if it was eft pewhnly paid the
rate should be raised to .5 per coat ; bud the mew wee met,
in fan, advaneed till two meths Alterweede, whin a
agreement was entered into that the *tenet ebeeld be
from the dated the deed. Oa behalf el the it
was elleged that the assay led hew, I. dist. at the dis-
poni et the asetpor Gem the debt et the wiertieep, had
had not been abegitely paid, way. been the weary wee
borrowed to psy We previous Imeetoese. ma the mulearee
had not been able to mike arremsemends Mr the paysseat
of that 111111 neweag.
His Eisseet amid the-seed= weld wet be maintained ;
thi to ef 13 Awe, e. 16, on which the question was
Mod, plied he ,wed ia three divisions—l. That
ee pews dwell epee entire* take above five per
Not, That ell tentreete whereby wore
thee dye per NW. wee beeped should be void ; and 3, as
to Orbs. a pewsley. the mew ewe, Captain Long did
not take met Wm Isee-esii-e-bell per ewe ; therefore,
the Ant grimed Med. They wee more than five per oat.
melee& withinthe meessii of **statute? There wee
clearly no such reemetiea es the face of the deed ; but it
was mid, sad wig Indy, that the deed did not represent
the reel esatiest ; bat that it meet be *ought for in the
eperseaq by whisk the time is fired from which the inte-
rest reserved wee to be paid. Then what was the sunni-
ng of " reserved " in the statute ? It had hien decided
that a reservation on which more then five per cent might
be paid, at the option of the borrower, was not usurious.
His Himont thee went through the eases,ea, and stated that, '
warding to those decisions, this canna was sot weariou,
Wale brought within the statute by some evasion, red no
sock snake was there in the unseat awe. But, inde-
pendently of thie, seppaeleg that the *greenest was asuri.
use, it might be eessidaM as iadepeedest contract, and
the metre, might mule geed. His Honour made the
deem foreelosore bet wiliest wets, imam the plaintiff
eabwitted to pa the wets a preview whhth had been
instituted wed of

Barons Ves•Caugraune Kurawr.
IN az ma GMAT Notre or E AND Oi.uoow

RAILWAY C •
TM arguments on this petition for discharging • wistdiski-
up order occupied the court throughout the day.
Mr. Busk appeared for Mr. Warburton, wto obtained
the original order.
Mr. Daniel commenced his reply, but had not concluded
at the rising of the court.

COURT OF QUEEN'S BENCH.—YzersiDAT.
AT SSE kiln IS LCIPIKSI.— lhoroma 1.01/
LSD •COllllOll.lOllll.
.

Tus QUIFF TN TVlll'/LOOlCil7l.ol‘ OF HMV 81.1.-
vinyl.) O. SITILLANT AID DINIS.—INDICTIOZNT.
This was an lat.ictment spinet the ilsindants. Charles
Philip Fenllkat, a French halteropaotyksr ladles at
Marylebene, sod Theis Duds, a wine
serebant, V Ire-street, Is the City, far °kakis( seeds
as take preknets, and fora eanyksey to defraud the poo-
maim a ass Ed few hater.
The deltsiaid Miami had entered into Waken in
Hioth-skost, Marytabrose,in Kay, l&S1 (levies hien pre-
viously is the wine seal, and be had • eentimet to supply
la. Sayer and Mr. T husband with Tomb broad for
the Symonds= and • . The definition* resilhuit
wee kansdneed to peeseentor Omagh • Bear salamea, and
Dais was sae et tire parties who had been referred
to by resilient. The proesestar wetted ea Denis,
and was told by hint that be bad has Feuil-
lent for many years; this he Mimed hiss is be
highly respeetable ; that he had truiled Ma he SOW. or
NW. himself, and he had always paid havotaally ;
that he (readiest) had talon •kw et a house in
High•street Marylabeak whkb be bad Mk, with
a rental of 701. a year; =I that there were fist atlases
behind which he let he Nil. a year. Is of
Denie's Matements, the presenter mobil ha TIL
worth of Sew, and sew WIMP hang that the knee vie in
prison. Hs thin waited se Disk who hid Ma that lib
friend Feuillaat had bosom wander hr a hind is hie
some years ago ; that se soden bad bees
Fenillent, and he had elleirod_ leftmost to gt
is consequence of width ha lad bass add hid,
however, that he wail sass maw bissett; that he
owed him 2001. • sad that ha had west to sell Ile leas of
his home, which would maks OIL. and which weld=
the prosecutor's debt and his awn. short *Ns
Fee is name was takes dews, sad that of J. D. Doi;
sad Co., placed over the Ism of 87, BO street, Idarylo-
haw. Prosecutor se neatly tech oat a oessese
is the Court of Bankruptcy seaket the &load.
ant Fesillaut, bat be swore that ha bad • pied
deems to the proteanbir's'setion. It firths eapaind that
a hr ISO. bad beta draws by Denis en Pialinst ea
the kg magnary, IS her math; which boom doe as the
die May, sad was illasnanred, the representadsam d tie
esivesey, to., it Yealllist bah,. sehowed to Invipalmiis
nada by DWI Mthe prosesater es the Jame.
sad Feuillaat hid bass feed epos tids bill, and the home
had given a judge% awes toHpay the enema I. sla maths.
It farther append that KW. had set bees paid hr the
low I and that, Is psi* of hat. ea speasseat he • hem
oaly bad ham anima Into barn the perdue In the
bare la iplieltest,=:: and that aellikei hid
boos paid by ef
The Semiway emitti ho the dehoidmis Mimed the
jsty,
Ind WWI that thee wanas esaapipasy et Wimp at
truid,• wet amp WO* suppsiable
to the dissastitr stile &heir& wMeusa
Lord Oasobil mama op, end