The Express.
London, England, 1852-11-18 00:00:00

I 41b3 *nteUigence.

EQUITY COURT'S.-YESTERDAY.

llamas Vic -Camitsuoa ita Glow IN,lllatlo
Coos Pe Rms.—Puerto' wrote 16 & 16 Vic., a. 66.
The tieseels• la this mm was as to the prestige le be
penult - the sew set, la referents to the ameletilliatio•
of whams,. I, debase sin." 14 IA Is 141 Vie.. e.
the mho et leritimig whom, is emir it the Ouse
et Ohara% sal ell the posies et the NU seed is rale.
dew thereek se fuse it wee lareuieteet with the preetice
llbseulmilber gomoribed, wee ehelithed. This would dearly
Weds lb* eismalnatkoi of mltneseen "de bens ems." But
all liao suibminent sections, as will as the rules of court
wad& het hew thaws up, seemed only to contemplate the
emamirmena of whereas in suits which were at lame. The
meal ased
emelt Ile ethereve, is order that the Vice-Chancellor might
Hs jtedges.
=severnow said that be bad eoneidered the matter,
sad sY *obliges wen of opinion that the case was within
the elebile.semithat the elimination might be conducted
nonenibat bo the asp system. An application had been
mete ge lie alba that, in the event of the esanii.lation
Wee tams trlvi woe, two examiners might be appointed,
OM by such aide, so as to swan the evidence being fairly
him. The court could not, however, allow that course,
as It would load to all the expense attending the old systole.
The oilman, therefore, would be esamined visit rocs be-
fore one 'undue, and if the parties could not agree upon
an examiner the court mast appoint one.

COURT OF QUEEN'S BENCH.—TESTFADAY.
armies ni RAMOM—llloces Lofts Cusrsaa.t, Ids. Jounce Cot..
suss, OIL Jsenca N 101ITNLX, AND Yo !thrum Lima.
THZ QUIBM V. MORRISON.—RATIADILITY or •
FLOATING DuCL.

At the sitting of the court Lord Campbell delivered
judgment in this ow. His leadship said the only question
was, whether the rateable value of • ship-buildinii yard
was to be itocsidered so milmnsed by the floating dock ap-
pertaining to it. After babe at the manner in which the
gaming dock was eeswfme die 111111•1 i was of opinion
that the rate (in mid& the value attar desk was taken into
enieldention) emelt est be swebbted. The heating desk
was slider to a said at weal" awl bad we mere ••••saary
esienezlesi with the yard. Tb. MSS dud la nippers et the
rate were sot analeswes. In one of *eat a dock GSM pany
lad claimed • dedestion on moors* of the esteem of
=simonising • semi tas ; in soother the ambient water of
the seta was a peemaently 112.11 leading plan. TA,
judgment of the mart met therefore be for the appellants.

TIM QOM! (ON TIM PILOOTCUTION or flin JANIS
B 10011) O. TIM EASTIPX ARCHIPILAOO COMPANY.—
Scum ACIAS TO ZZZZZ L A_ROYAL CIi•ILTER.

This ease was tried before Lord Campbell, and a verdict
given for the prosecution. Mr. Crowder, in the early part
of this term, moved for and obtained a rule nisi in arrest of
judgment, on the ground that a proreeiling by wire facia
was not the proper method of setting aside the letters patent.
The Attorney• General now showed canes against this
rule Wag made absolute. The letters patent having re-
cited that certain parties, being desirous of forming the
Eastern Archipelago Company, bed agreed to subscribe a
capital of 200,0001. in shares of 1001. each, incorporated
them subject to the directions and provisions therein con.
tallied. There was a direction that the sum of 100,0001.
should be subscribed within twelve months, and 50,0001.
absolutely paid up within six months alter the grant of
the charter. At the trial it was found that the 50,0001.
was not so paid up. The learned gentleman then con-
tended that the directions and provisions in a royal charter
operated as conditions, and that a failure to follow a direc-
tion or provision wu a breech of condition, to try which
scire facia wee the proper mode of procedure. The Attor •
ney General cited in support of his argument Comyn's I)ig.
"Condition." Co. Litt. 2040, 10 Co. Rep. 42a, 2 Inst. 282,
2 Dyer. 197-8.
The Solicitor General, Mr. H. Hill, Q.C., and Mr. Willes
followed for the crown. _

Mr. Crowder, Q.C., replied, calling the attention of the
court to • proviso in the charter, to the effect that, in caws
the corporation should not comply with the condition' con-
tained therein, it should be lawful for her Majesty, by any
writing under the great seal or sign manual, to revoke the
said charter, either absolutely or under such terms u she
or they might think fit. Under this provision, the learned
gentleman contended that the course followed by the pro-
secution was in contradiction to the terms of tha letters
patent, and that therefore the rule should be made
absolute.

Kr Watmw, Q.C., and Mr. M. Smith followed on the
memo side.

—T-1-M-COnrt took time to consider.

COURT OF COMMON PLEAL—YarriaDAT.
lirrynum uw Bawd.—Barowts Cults Annus Islam, Ym. JVITICS
M•cu, Mi. Jvmc■ %m ms', aim Mm. JILYTteII TALIPOVI.D.

BIZION, APPELLANT, V. BrATON, RICSFONDINT.—
REGISTRATION APPIIALe.

This was an appeal from a division of the revising bar-
rister for the southern division of the county of Leicester,
who placed the respondent and 28 other permits upon the
list or county voters, upon the ground that they had a free-
hold interest in buildings and land under the following cir-
cumstances:—The freemen and widows of freemen of the
town of Leicester formerly possessed some commonable
land, which, by the 44 George 111 , cap. 16, was vested in
certain deputies in trust for them; and this land continued
in common until the 8 and 9 Vic., cap. 6, under which it
was enclosed and divided into small allotments. By this act
the freemen and widows of freemen were to be entitled to
hold these allotments, and they were to continue in posses-
sion &along as they pleased, provided they paid the rent and
obeyed the regulations of the deputies. This last act vested
the land absolutely in the deputies and their successors for
ever for the benefit of the holders of the allotments, and
with the consent or the majority of them they were autho-
rised to sell or exchange the land, or any part thereof. The
motion now for the wart was whether these holders of
pereessil a tresbeld interest in the land which
SWIM *NS Ili be ups dr Yet of county voters.
lb. Oes emend be the appellant, and lir. Hayes for
ilitieguilit Aie[Jastice said it seined to him that the view
Vim by hiss revising barrister was correct, and that his
mil be alarmed, the claimant baring a frees
hell Meng which entitled him to vote. The Bth
leelles et the statute of Victoria enacted that the
hewn sad widows of freemen should hold as long
ref should think fit, provided they paid the rent,
call abided by the rules and regulations made by the depu-
-11114. It was admitted that if there wee nothing else but
We in the act these words would confer a freehold ; bat it
Mansaid that there were subsequent words which limited
Ilhe interest. If this was not • freehold estate, what was
M? It was clearly not an estate for years, and it was net
geelanded that the holders of allotments were teaents at
Mat bet Mr. Co: contended that their interest was a sort
of peelimeatary estate, between an estate at will sad a
bead& but not sufficient to confer the franchise. He
Wei of opinion that the court could not hold otherwise than
rat this was a freehold estate, and that the claimant was
Inilltheil be be upon the list of voters.
Dallis affirmed with wets.
liiiii"APPILLANT O,TH I 01112111 U op CAIIIIIIIOOII,