The Express.
London, England, 1852-11-16 00:00:00

THE EXPRESS, TUESDAY EVENING, NOVEMBER 16, 1852.

ILab) intelligence.

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111" tfi Or Lod aMsa abroad odor teeee et the
naafi COMM, *Bindle/ an WI
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do day aryslaaal re al pais tarral fte Darr(
Wello

EQUITY COURTB.--Irannan.
800 To Leo Connor

HAWili V. JUSTIN* COOIIIIII RAILWAY COMPANY.
Braes, Psanattuen.
This was a re-boozing of an appeal heard before Lord
Truro, and on which judgment had not been given. The
facts were fully stated in the Evror of the Bth inst.
The Lord Chancellor now delivered judgment, and said
that the quid,* arose on the point whether the court could
enforce specific performance of an agreement between •
landholder sad a railway company which proposed • line
which would par through the land of the said landholder,
and which agreement was made daring the wing of the
bill through parliament, enabling the company nooks the
• The bill as it originally passed enabled the Zamora
Counties Railway Company to make a Rae hem Wilms*
as Spalding, but a portion of that line as it appeared ea Me
plans depented, was rejected. While the bill was before
parliament, and before part of it was rejected, the agree-
ment in question was entered lase bonne. the Banters
Cumin Canny (which wee Men a esammy tally
formed, and having earwigs pewees, but la.
tending to @Mead their edging Ilse)), and Mr.
Hawks.. The Mae. es it urges alphially projected,
and brought belles paeMmeneatome Mr. llawkes's
Property, and author esdsyiegel deviating and
curvilinear line wetld she bees pissed thesugh it,so that in
either case the
ices- was peeled themagb by the intended
line. The *Mel wee lensadsd 10 Mill the Great
Northern wee *este& by padimmt. Bat it was said that
the Emden Counties Comm& Insight that they would
have beat ambled by mesas et the Ambergate and Boston
lisle M alMin indirectly the object which they had been pre-
ened mai*" direct/y by the act of parliament, and that
by pig desugh Mr. Hawker's land. This, however,
imeM int be takes to affect the general question. A tor-
seamomisees between the selielhire of the parties, which
was put la reidenee. showed the pounds on which the coin-
page Ided tome rid of the etpaseasat ; but as Mr. Ilawku
had vasalsff lisposperty, kr whisk he 'mild not be blamed,
as Ins ions Mead to de im in a versemable time, and had to
fled astistirm emilonse, when the eampany stated that they
had gins ug the has sad eared compensation, he refused
it, and the MB was fled, esmately without any lees o! time.
It was set *eta say doubt that be (the Lord Chan-
t:4lw) bed postponed his judgment, but only in
sempapease et several very important point• of
law having ben raised on the argument. It
did not,' however, appear to him that any of these ques-
tions of law uninvolved in hiadecision. This wsa a cue
of • sompaay lug fereasd, fully competent to bind them-
selves by any sonilmost, and the property of Mr. Hawker
I
was directly doom by the bill as originally contemplated ; '
sad it se lagnemed that the bill did pass, with • sufficient
pieties et edited powers still materially to affect that
me= and men to the extent of the line poising through
. If &party was capable otsnaft into a nit
crest ea a subject matter before partialness, and parliament
gave interim sedlekat to enable him to fulfil that contract,
could be, by aselaseas le *Remise those powers, be entitled
to ea/ that be we wee perform his agreement ; and, W-
eans he bed elleued de pewees se lame, to my that an act
whisk bed* ad dimes so pertain was illegal f With re-
gunk ihesideee. dm Fney* he (the Lord Chancellor)
had me beeltelina swims *at this was • plain ease for
speeds periannease. The eat, guinea, thee; was with
regard to the authedlies. (Hie lordship then reviewed
several cases white bid been oiled in 'legume iit,suth as " Ed-
wards v. Oren Junin Railway," " Bimpeon v. Lord
Bowden," " Lon Peep v. Beaton Counties Railway Com-
pany," in one el whisk the land agreed to be taken
was not waned, sad yet the *contract wee carried
out, another where the line was abandoned, and another in
whin the compensation ennui was enormous). On the
whole, the oases established without doubt that an agree-
ment bona fide entered into to enable a company to make'
their line and carry an act of parliament into effect, was
valid. In the present cam there was no means before the
court of measuring the value of the property, and there
was no evidence in the case to show that the amount
claimed was too large or not. Been if there was, he should
have thought it unimportant. Bat there were many cir-
cumstances in which it might be important for a company
to be able to buy property before their bill passed. It had
been said that such a contract was a hardship on the shire
holders, hat that point had been dealt with in a ease which
had decided that the shareholders could not be severed as
regarded their rights sad liabilities from the company. It
was also argued that this contract was illegal, in conse-
quence of its being concealed from parliament ; but the
answer to that was given in one of the decided cases,
in which it was 'laid down that such a fact
scald only be used as evidence, and did not no-
sessarily nullify the contract. Then it was argued
that the time for the fulfilment of the contract bad expired,
but the time had not expired when the bill was filed, and
die whole blame in that respect VIM attributable to the
company. Mr. Hawker had been guilty of no neglect, and
the company had acted with as much bad faith as he (the
Lord Chancellor) ever recollected to have been exhibited by '
any public body, and whatever were the eissequenoes of
the expiration of the time the company had brought this.
on themselves. It was alas Maned that the obligation on
the company to lake powers in their sot to enable Mr.
Hawkes to sell that part of the land of which he was oaly
tenant fur life, and which was not done, was a fatal ob-
jection, and nullified the agreement; hat that argument
Ind been disponi of by the decision in the woof the Great
Western and London and Birmingham Coppery. inde-
pendently, however, of the general decisions which he had
noticed, it was insisted that subsequent decisions of the
worn below, such as Webb and the Direct Portsmouth
Company," had reversed thou decisions. It appeared,
however, to him that that ease was decided
on the ground
of the uncertainty of the cement. If the contract here had
nee so worded that the company could net have taken the
land till they required it, it might have been different; but
here there was an ameealifled Contract, from which no'
subsequent acts of the company could relieve them. The
contract imatemplatad the passing of the bill, and it did
pan, and therefore it was • valid contract,aad why should
it not have been as binding if it was entered into before
u after the passing of the act Even if the awed " Webb
and the Direct Portsmouth Company " went the length of
deputies that, whin he did not think it did, he the Lord
Chaasellor) should have hold his own opines notwith-
standing thee B
endd be would way the seem et Lord
Shiest v. Leaden dank Woolens demplay." widek
bed dm best 04 bet diet mem dm Mead e Mama*
Fiat. It was said, lee, that the tellimeat af a thea seabed
would be Illegal, because the eempany would be eldpiag
their funds in a reamer not la esatieseity with Mar art et
parlimmat. The elms died la_ @wipers et did peppidem
wine these be whisk impedes het ready gem loyal their
pewees; mad it awed eel bus be Ineteenat that peat sem-
=like these. die had meet mesas of sentesMly mitt-
their 1.0 pewees. should deliberately seemed those
powers sad them tom mud sad try to get rid et their gas-
men by Mem aim
they bad attemdel thdr proem
Nothing tend be atm inland aad ummealy thea di a
greet emapany to come to the court and to say that • Ma-
me tato which they had entered was void bwiuse they
had easseded their powers, and that not from
i
dia bet intedienally and with • view leiss&.
r d.
vantage of the illegality they had er Met
the moat ens did not fall within nay
these desidess. Mr the property of Mr. Hawke;
was taken tor and with the view of eh-
Wig al Se et t. It brad beet eleezeatat
throe was we %tams or pantie te
but led*. le the nature et the ennead. nedlM77l:
'Oldham* m width It was based having bees ~ask it
sada net be seta that there was no m=. Could sot
the amemay have adereed the Mr.
Heats. The luestisa was who tele M bear tit and
who was to dem, end he was at minim that it was the
mammy and eat Mr. "swim: Tins assaparry had-thrown
tap the lino, and had at sonspletel their eentrast, and they
wanted Mr. Hawke.* beer Me lam
• Perle thepeewit case law joshes, sad =l rovematelydia
AR,
mad es he sushi la* se adheelly led shame his
apkten last MI was-a due am be walk palat-
ines. the appal Rot Is aiming milk aft

Imam =a lams lowricali Cc Antall.
Loss it. Loran.—Pitterim erwima rtes Rid CEA*.
MIT ACT, 16 MID 16 Vic., c. 96, ass 63.
Ebb was a nit by two trustees sad ezemilese
the Want heir sad the widow of the testatee hit aduridetrr
Um Afar the mit wee Wanted, no it lb ecistoes
heig
e
died, the other Ms aasswasr. • Imes at
mental reviver wee mob el 1M seplhationsuppl of
Me earrirer. Ind IWO* enheismendy died
sod menemies, 6ii MS thank The infant plain-
,
dirliadingthat the repeematatives of the survivor of the
MOM= did not Mil", the salt, lied a bill of fevivCrs dud
i spied ihein mad lie widow of the testator.
=them sake asulea on be be heard, • decree for the
asssuals at the telailaes Mots was wads. The Musa, by
hie hod ihe Mae of the taillenT4 of the testator's
Was. Vgms haw dliestiems Ms report was confirmed
by the sums, sod a sob of SU IMO* s property directed.
This bursa was nada la 1•1111. Misr that the Infant heir
died, bob, by hie will *cm all lile property to his uncle
the survivor piths emem sad Matsu eased in the tee!
Woes will, and whose repreeentatime were on the record m
defeadsma te the bill of reviver Mod by the infant. 110
further step having been taken in the suit, a motion was
made • few days since before Vins-Obancollor Stuart, by •
perms who, by the maimed mod air the Muter, kad
been found a creditor ha MI wpm the sows, for an order
to revive the suit under Me mid section de the recent Act
for the Improvement of the Jurisdiction in Equity, 16
and 16 Viet., e. N. The motion was nob upon notice to
the testator's widen end the Si. of the survivor
of the plaintiffs to die salt, but the Vice-Chan-
tollor had refused the , a set being within the
set.

Lord Judos Knight lines said, that it appeared that
the title el rho appliseet to interfere le awe way yes
eelnliished WElbstres esellsmed U him •
mates. be ROL He took it ales to be else bat be pro-
seeds el do wawa% *state, if NW, world bare to be
applied, as be se sosowary, to 'pay this debt. That being
comb, awl it am, series ales bee the positive statement
of counsel, dint sE bereft Is the 'abject matter of the
salt were rogoessited by be peas sew remising on tho
reseed, be Moutthe the else was within the spirit of the
sad dot be soder saltedll ,
tilbes who bad hew served did sue
,ss oa me wade as the par-
sa the notice.
Lord hub* Lord Cramer& asionsi.

, ilew Tema.

His Boom took his soot ors the booth 'boat los
githilltiN after 10 o'clock. The HO of sow is the paper he
lb. day was galled our bat n 11011111111 i wore to stasodnes
is say ass of WIC Nil lloorroz, elme waltioi for same
time, sold be woad adjoseo ON MINK Ilso a quarter of ea
bar,
sad lf
oat. !mss won not this ready the ammo wesdkbo
struck

BAIMAK 9. LULL OP CLL3XXDOL.

This we a special ease.
Mr. Befit end Mr. Charles Hall appeared for the plaintiff,
and stated the ease, by which it appeared that upon the
marriage M the Countess of Clarendon with her former
husband, Mr. Mecham, an estate called the Stockbridge
estate wis settled upon the husband and wife for their lives,
with remainder to the husband's right heirs; sad tie hus-
band covenanted with the trustees of the settlement to pay
off during his lifetime certain portions which were charged
upon the eitate for the benefit of his brothers and sisters, so
that the trustees should take the estate after his death clear
of iscambrances. Barham died having only paid off one of
the portions, and his heir now claimed to have the re-
mainder of the portions paid oat of the personal estate, so
that the Stockbridge estate might, subject to Lady Claren-
don's life interest, pass to him clear of incumbrances.—
The arguments ware not concluded at *arising of the court.

COURT OF QUEEN'S BENCII.-YESTERDAT.
&moos ns !Amc?.—issc!” Loco efiteastA. Ma. Jconts Com.

awes, N.. Jame VililllMUlt. ix; Ma. ru;;ics Haw.

. .
ROBINSON V. SHAW.—AILIIITHATION.
It this action a reference was made to arbitration, and
the agreement to refer contained the usual classes appoint-
ing two arbitrators, and giving them the power to nomi•
nate a third. The third arbitrator had been appointed and
an award made. _ _

ii.jiumpitMys now moved for a rule to show cause why
the award should not be set aside,on the ground that the third
arbitrator had been improperly appointed. The two arbi-
traton nominated in the reference met, and being unable to
upon a thiri, decided the matter by " tossing-up."
agree
learned gentleman argued an appointment effected in
this manner war bad, and cited " Ford e. Jones " (4 Barn.
aad Adol., 248), in support. There were two other ground'
for the motion, viz., that the award war made without con-
sulting the plaintiff's arbitrator, and that the time for
making the award wee prolonged prior to the appointment
of the third arbitrator.

The court granted • rule nisi en these grounds.
RROINA O. Tl4l MATOR AND AWIRASORS OP HARWICH:

NOTICE' 01 OWNCTIOX TO Voraaa.
Mr. O'Malley moved for • rale to show cause why a man-
damns should not issue to the mayor and ueessors of the
borough of Munich, calling upon them to receive an objec-
tion nude to a person of the woo of John Brown at the
last revision of voters for the borough, and to require him
to prove his qualification. The question turned upon the
validity of the notice of objection given under the 6 and G
Will. IV., c. 76. Under that net, notice of objection is to
be given to the town clerk and to the party objected to, and
a form of the notice is set out in the schedule ; to which, or
to a form of the like effect, the person objecting is to adhere.
The words of the schedule, so far as they are material to this
PTO, are u follows : " I object to the name of [describe
the person objected to as described in the list of burger's]
being retained," &c. The notice of objection to Mr. Brown
given to the town clerk literally followed this form, but in
that given to Mr. Brown himself the words were, " I object
to your being retained," &o. The learned gentleman
argued that this was a sufficient notice.
Rule nisi granted.

TIMMY or THII Rtvzz Liz o. Niw Rizzi' Con-
PANT.—RIGHT or THU Nzw RITZ& COMPANY TO TAKE
WATII FAO* THU RITIK Lii.

In this ieenarSietaelwasobtained for a new trial on
the ground antiadirettion, as already reported In the
Express of the 6th inst., wbere the facts of the:ease are
stated. The Attorney-Oeneral new appeared to show cause
•

against that rule beldi made abooltde: hut, aftersewas dis-
cussion with the Bolieitor•General, who appeared on the
other side, it was arranged a special case should stated
for the opinion of the court.

BAIL COURT.—YEaTERDAT.
Immo AT Niel PILIVII.—BAMAS Ma. Joann CACAMTON AAA
Coulson goons.
ANCLEII AND ANOTUES V. GREATWOOD.
The plaintiffs were the celebrated confectioners of Paris,
who received •rise medal for confectionery at the Great
Exhibition, and tie action was brought to recover the sum
of 201. 3s. Id. for goods alleged to have been sold to de-
fendant, a confectioner at Birmingham. The defendant's
cue was that she had retired from business, and had not
authorised her son and slaughter, who had summand her,
to see her name.
1 Verdict for the defendant.

COURT OF COMMON PLEAS.—YESTERDAY.
Sernxes to BAI/03.—BEroat Cam Jrnics Jams, MIL Jrince
Maui.; Ma. Jurncs Mutual, Am, ML JUSTICE TALFUt
ARNOLD O. THU LONDON AND ROBYN WIISTRRN
RAILWAY CONPANY.—ILATINO RAILWAY Bunions.
This matter ovine before the court upon a special case ;
the question being whether the-defendants were liable to be
assessed to the paving and lighting for two bridges belong-
ing to them at Hampstead.
Their lordships, after hearing the ease argued at con-
siderable length, held that the defendants were liable to be
rated, and directed a verdict to be entered for the plaintiffs.

COURT OF BANICRUPTCY.—YEsTrADAY.
Barons Na. COMMONS= Houton,.
IN as ASHTON AND &mums.
The bankrupts were warehousemen in Aldermanbury.
This was the meeting for the last examination ; but no ac-
counts had been filed. The bankrupt Spriggs, it will be
remembered, absconded to Australia some time ago; it
being known that he had taken with him a considerable
amount of assets, the necessary authority was obtained, and
an oflicer of the court was sent out to apprehend and bring
him back. As yet no tidings of the fugitive have been re-
d.
Mr. A. Turner (of the firm of Sole, Turner and Turner),
appeared for the assignees, and caked for an adjournment.
The liabilities of the firm are stated at about 8,0004 ; the
assets will depend on the amount of the property that may
be recovered from Australia.—Adjourned accordingly.

IN 41.1
This bankrupt has also absconded. He had carried on
business m a timber merchant, at Norwich. His debts are
between 2,0001. and 3,0001. ; assets about 4001. or 6001.
He sailed in the same small as Sprigit (the Cleopatra) but
has not been pursued.
He sou ordered to be proclaimed is the usual form.

COURT.

Doom Ma. Ournismarna Hamm.
RIII7OID •ND WILAO9I'II BAXIII.UpTCY.
Thin was • dividend meeting today ; and on Saturday,
see tea this morning, further pivots of debts were ten-
dered mil received against the joint estate of these banks
mei sielset Mr. Francis Raiford; as against this gentle-
MIS fie proofs amounted to nearly 20,0001., and against the
me m, estate of the Bromagrove Dank to 6,0001. The de-
denim of the dividend as regards the bank was again
father efljestoed to the 15th el December.

MIDDLESEX SESSIONS.—YarrEEDAY.
The November General Session, which was commenced
on Monday kat. at Clerkenwell, was continued, by adjourn.
moat, this mining at the Guildhall, Westminster. Mr.
Serjeasd Adams presided, and Mr. Witham Mr. Graham,
Mr. Woad and Mr. Baylis, were on this bench. There
me VI mares ,meted Ix of misdemeanour (or trial.
The Asthitsab charged the grand jury.
Jan Minis, 144 guilty of having stolen a till,
and SW, the peeperly and nosy Hide.
It spared fres tbe prima sMarsa,or Jobs
Sat the printer
had bee wasamany assisted as hie tiles 11 Moms.
The Melehat9Tais made Isms sheervatios on the fact
that the primmer bed beta invited fin than by one
YLr. Broughtes, ami her by another, Mr. Long,
Vartail'ansossat for trial. Zs ad not in the ham intend
to east Mess sa the =gists*, or to eay that they had
art doss 661, but at the sass math they might not have
Ns sass Sly had at Iles miss of identifying the
psheasss,sad the you. this[ knew that, by pleading
=a. Map would be sasetl by the magistrate to three
Impinearsent, mad ha that way escape the punish-
sue Sat sign salt award when the previous convictions
woe WNW 111 -''mane. In this ease he had not the
pew la metes' So primmer to tramporta.
The siser-1 want to be t tins
ransported.
The Aseletant Judge—l dare gay you do; but lam
esigi=ey you manot be rattled at present.
Oh very well, I shall go on the mine game
phi whoa I'm out till Ido get transported, though.
The Ainietint Judge—Well, I promise you that the next
time you some here you shall be transported, if guilty.
Now, mind that. Ile then sentenced the prisoner to nine
months' bent labour.

THE POLICE COURTS.
MANSION-HOUSE.

An able-bodied vagrant, named Benjamin Breit, was
brought beton Alderman Wire, charged with having cox.
mated a street robbery.
Mr. John Fraser, a gentleman who has recently arrived
from Scotland, said—On Saturday evening, at half-past Piz
o'clock, as I was walking along Chenpeide, with a plaid
'shawl on my arm, close to guests-street, I felt a sudden
' jerk, and supposed that my shawl had got entangled in
,something. In an instant, however, it was wrenched away
trona me, and I saw a person like the prisoner running
along and wrapping it round his person. I followed as feet
as I Gould but unfortunately I fell when I was gaining
ground. I continued the pursuit when I got upon my legs,
but lost sight of the prisoner, who wee, however, secured by
a policeman with the shawl in his possession.
Waldron, one of the Cat force, said—l saw tho prisoner
I running along Lawrence-lane with the shawl, which he
dropped upon seeing me. When I told him to stop he
made a bolt at me with his head and made a desperate
effnt to set away but I prevented his escape.
The prasoner—The fact is, my lord, that I am perfectly
guilty but I had been wandering about day and night and
could get nothing to do, so I thought I'd take tho shawl
without giving much trouble to any one.
The of said he had upon inquiry learned Abet the
prisoner was a fallow who could not be prevailed upon to
work.

Alderman Wire--Exaetly se. Ile is well able to work,
but would rather steal. There is no sort of emus for this
prisoosr, for be is a powerful Toon man, sad there is
aboadartos of work Ow ho laisalskes.

The primmer—Bet, peer lordship, I here bees broiled
up to nothing bet fuming, and I can't get any work.
The ofdeer—l saw the prisoner skulking about Cheap-
aide tho night before, and hue no doubt as to his object
then.—Alderman Wire—He is committed.

^A
wasaan named M'Afsafer,
-carie;lii; most resolute
Igars la the City, was brought upon the usual complaint.
li Wiest said the woman must be fond of begging even
to madams, for the moment she obtained release from
Bridewell she reanamenosd her operations,ia which she wee
greatly Heisted by the appearance of a child which she ear-
! ried in her arms and suckled, although it is upwards of two
years old. It was stated that, by the rules of the prison,
a female who is naming a baby as allowed the best sort of
entertainment, so that the defendant has a double object in
nursing the child at that age.
Alderman Wire—l suppose she is well known In this
justice room.
The turnkey said she had been upwards of forty times
committed to Drklewell, the governor of which did not
know what to do with her, an she was invariably IN it
were under the protection of her child, livid well, and set a
pernicious example to the lee daring beggars.
Alderman Wire—Let the child be taken are of at the
Union, and we shall try what 21 days' confinemeat with
very low diet will do for the mother.
The defendant, who has been a beggar from her infancy,
was removed from the bar, but she swore that she would
pummel the whole body of the police before she would give
up her child.
SOUTHWARK.

Mr. A'Beekett gave his judgment in the ease of a cab-
driver named Varna, MU, who was charged with plying
for hire within the enclosed space at the terminus of the
London and Brighton Railway station. that being a place
not authorised by the Commissioners of Puller.

As it bad been understood that the real issue was the
right of railway companies to withdraw the cabs at the
stations from the provisions of the general statute and the
superintendence of the police commissioners, a considerable
amount of interest attached to the trial.

Mr. A'Beckett said that he had well considered not only
the case, but the opinion of counsel which had been placed
before him by the company, and was unchanged in the
opinion that in plying for hire in a place not sanctioned by
the Police Commissioners—for that was the only question—
the defendant had broken the law. In prohibiting the
plying of hackney carriages " elsewhere " than at places
approved by the commissioners, the legislature meant
without exception, otherwise such exception would have
been particularised. It was not desirable that a number of
public vehicles should be withdrawn from the supervision
to which, by law, all were subjected. The railway autho-
rities were ponsible, and if at one time their regula-
tions were made for the public, at another they were made
for their own profit. Some ache regulations made by the cons-
pany were most inconvenient, witness the placing of other
numbers on the rides of cabs than thou of the license, thus
leading the public astray, and in the cues of summonses '
causing confusion. The company had had Limo to consider
their course, and comply with the low, but had not done so.
It was his duty to put the law in force, which he would do
imposing the nominal penalty of lc, with costa.
Another use was heard, and a cabman plying at the
same station was tined 405., for refusing, in obedience to
the company's rules, to take the first fare that called him.
It was announced in court that the company hail resolved
to comply with the act in future.

DRAMA.
SURREY.

A now "nautical and domestic drama," entitled
"The Life Chase, or the Marriage Day," was produced
here last night with success. There is the usual admixture
of villany and virtue; the latter, of course, triumphant in
the end—an intercepted legacy restored by the confession of
a repentant attorney—a true•hearted sailor, maligned
during his absence and returning to prove his constancy,
&c., &e. The incidents, though not new, are put together
with much stage tact, and the piece as a whole is a favour-
able specimen of that class of drama which Mr. Jerrold's
" Black. eyed Susan" rendered so popular. It was sicced-
ingly well acted. Mr. Shepherd, as Dick Rullock (the tar),
and Mr. If. Widdicomb, as a comic policeman, being spe-
cially effective.