The Express.
London, England, 1852-11-22 00:00:00

MARYLEBONE FREE LIBRARY.

A meeting of working men wan held on Saturday
evening, at the Princes' Concert Room, called for the put..
pose of promoting Mr. Oliveira's scheme of a free library
for this parish. The attendance of the class specially in-
, cited was somewhat meagre, owing doubtless to the infeli-
citous selection of the only evening which the working
classes have for making their purchases, and effecting their
pecuniary arrangements for the week. Mr. Oliveira, ALP.,
Mr. McGregor, M.P., Mr. Digby Seymour, Mr Goldsmith,
Mr. Withers, and some other influential inhabitants of the
pariah were on the platform.
The chair was filled by Taos. WILSON, a wood carver,
who explained the benefits which the proposed institution
would confer on the working classes, whose aid in the shape
of a pecuniary subscription of Id. and upwards he solicited.
Mr. °LITMUS/I, next addresnd the meeting, and
called attention to the great success which had attended the
free library at Manchester, which was now generally re-
sorted to, and where he had himself seen a clergyman read-
ing by the side of a man in a fustian jacket. Speaking of
the social improvements which mast result from the spread
of education, in which free libraries were an importsnt
agency, he urged that now free trade had been conceded in
food, it was essential that the same principle should be
extended to everything that entered into the social and fire-
side comforts of the people. lie suggested that a half-
penny rate would be sufficient to maintain the institution
he proposed. He read letters from Lord Brougham, epprov•
lug of the scheme, promising a subscription, and giving it
as his opinion that in order to be successful the institution
must be under the management of the workinvelasses
themselves, and letters from Lord Carlisle, Lord Harrowby,
Dr. Spry, Mr. E. Baines, the Great Western Railway, and
others, concurring in the objects of the meeting.
Mr. M'Gastoon, M.P., followed, who said thatthe exten-
sion of education among the working-dares was an essen-
tial preliminary to the asmossnisa of the ps demand of
universal suffrage. He regretted that had not
followed the example of Manchester and Glasgow in pro-
viding means for supplying food to the mind ; but be had
no doubt if a free library were established in Marylebrine
similar institutions would follow in other parts of the
metropolis.
Mr. Dinar Sinew:tic, M.P., (who bore testimony to the
good effects of the free library in Sunderland), Mr. GOLD-
SMITH, and some other gentlemen, spoke of the necessity •
extending to the people the big loaf "of knowledge, now
they had obtained the " big loaf" of bread, and resolu-
tions were passed pledging the meeting to support the
taring a committee of working-men to no.
80
ephert wt Mr. Oliveira's committee in concerting mea-
sures of managerseat—originating a penny subscription
amongst the working-men of the parish, and according the
thanks of the meeting to the chairman.

AND CLERICAL.

committee of Heads of Houses and Proctors, appointed in
compliance with a lissiage received from the Home-office,
1•000111madlag the nportof the Osford Commission to eon.
sideratios, continnes to meet twice or Mee times a week.
They are going tlnotigb the recommendation of the commis-
sion, with these mervatioas : let. That they only consider
such remmusendationa as street the nalveraitintn entering
on such as relate to the °Aegis. 2nd. flint postpone to
the last the erembleration of recommendation o. 2—that,
namely, which affirm the constitution of the Hebdomadal
Bond itself.
At the same time a voluntary meeting of the resident
hi.A.'s has been organised, and scruples itself with the
discussion of the same qUOMIIIIII as are being cook& red
by the committee of the Hebdomadal Beard. These meet-
ings enesated in the circular addressed by that committee
to the done of colleges,
Teree=latioctom:tudeations, writ-
ten em nolo& nay of the are not,
of menme, intended to legible. bat le sedet individuals in
deeilksir spikes. Taw is a peaeral opinion among
the to NA's Vat SOSO of the skimps recommended
by the eurraledes in their report are lagidy desirable, and
all that is mow to be astertekeed last reforms, and what
forms of them, are MON olviride sad most likely to be ac-
ceptable to the tedveseity In
PAI7IIIIIIIIIIIIR4PV. C. Grfailtr:i.
r. pe, to the Perpetual
Curacy of Ines, meaty of Chester, on the nomination of the
Trustees of the late B. Yates, Beg.; value 1641., with a
house.

Powramonn, Nov. 21.—The Scourge, 6, paddle
sloop, Commander Lord F. H. Kerr, arrived at Spithead at
noon yesterday from Malta and Gibraltar. She left the
first-named place on the 6th inst., arriving at Gibraltar on
the 11th, and remaining there till the 14th, when she sailed
for this port. She has experienced some very heavy weather
on the passage. She has brought home about 20 supernu-
meraries and invalids together with Lieutenant Yonge,
from the Albion, who has come home to act as tlag-liewe-
nant to Rear-Admiral Fanehaw, superintendent of this
Dockyard, and Mr. Wilds, second master, who has left the
service. The Wasp, 14, and Niger, 14, screw steam sloops,
had arrived at Gibraltar from England, the first-named
having left again for Malta, to join Admiral Dandas's fleet,
on the 13th inst. The Firebrand, 6, steam skip, was
to leave Gibraltar for Tangiers on the 16th inst.,
and thence to proceed on to Woolwich. The
Spiteful, 6, steam sloop, was ordered from Corfu to Ply-
mouth. The Scourge has been in commiesion since October,
1849. The Diligence, transport, sailed yesterday afternoon
for the eastward, taking supernumeraries round. The Nor-
wegian
screw corvette Nidaros, Captain Hageoup, went out
of harbour to Spithead yederday, and took in her powder,
prior to sailing fur the Mediterranean. The Daring, 12,
Commander Napier, according to a letter from Madeira,
arrived at that island on the 24th ultimo, after a very bois-
terous passage of ten days from Spithead, whence she
Nailed in company with the Bittern, 12, Commander Van-
sittart. They parted company in the Bay of Biscay, the
Bittern having carried away her main topgallant-mast.
The Daring left Madeira far Barliadoes on the 26th of Octo-
ber. The Calliope, 20, Captain Sir J. E. Home ; Bramble,
Lieut. Ward; and Acheron, steamer, Lieut. Fitamy, were
at Sydney, New South Wales, July 17, all three refitting.—
' The Cleopatra, 26, Captain !Limey ; Serpent, 12, Cum
mender Luard ; and Rapid, 8, Commander Diane, were at
Hong Kong, Sept. 29. The Salamander, stearocloop,
Commander :am at Amoy; the Lily, 12, Com-
Imander Sanderson, and the French corvette Capricieume, at
Shanghai ; and the ilea. Company's steamer Semiramis at

Lain lintetitgence.
EQUITY COURTI3.—BATOBDAY.
BIPPOLII TUB LAD CILOWILIAIt.
HAWIZII O. EASTENN COUNTINS RAIL WAY CONIPANT.-..
PIRFORMANCIL--CONTILACY TO PUN.CHASI
LAND PON • RAILWAY.
This ease came before the mutt on two appeals from de-
cree. of Viee-Chaneellor Knight Bruce. The first, which
was to enforce a specific performance of a contract to pur-
chase land required for the construction of the Wisbeach
and Spalding line of the Eastern Counties Railway, was
argued a skeet time ego, and reported in the Express,
and the judgement of the court dismissing filo appeal with
mete wm also reported in the Express of the 16th last.
?Me gesseat sate soma before the court on appeal from an
ease of tbe VieisClianeellor fer further direction. on es-
eeptiona to the Master's report, which found that the
plaintiff, Mr. Hanka, had a good title to the laud required
by the railway.
Mr. Bothell, Mr. J. Russell, Mr. Malin., and Mr. Grove,
for the Eastern Counties Hallway Company, now urged that
although the judgment of the Lord Chancellor in the first
appeal had decided that the company were bound to fulfil
their contract and pay Mr. Hawkes the sum for the land
which had been stipulated, and ordered that the money
should be paid into court, yet as Mr. Hawker was only
tenant for life of part of the land, he could not convey tt
to the company in fee, and that at any time the remainder
man on coming into possession might oust the company,
and that because the powers in the act of parliament
enabling Mr. Hawke to supply tho defect in the title had
not in fact been obtained.

I'

The Solicitor General, Mr. Wigram, and Mr. Follett, for
Mr. Ilawkes, contended, firstly, that the company in the
first instance did not rely on the compulsory powers of their
act of parliament by which they might have obtained the
land, but entered Otto • voluntary agreement with the
owner to purchase his whole property at a price agreed on,
and that as regarded that portion of the land of which Mr.
Hawk's was only tenant fur life, he had a right to sell his
interest, while the rights of the remainder man were se-
cured by the payment of the money into court ; secondly,
that the difficulty of the company as to getting a title wee
of their own creation, as they had agreed to take powers hi
their act enabling them to make a good title; and, thirdly,
that it was competent to the company, under the Lands
Clauses Consolidated Act to buy the land for extraordinary
purposes, and that act gave powers to a tenant fur life to
sell and contract so as to bind the remainderman.
The Lord Chancellor said the questions with reuse 1 to
title were not concluded by the decree he had already made,
bat the shape in which the ease was now pet was, that
although the agreement was valid and binding, yet, when it
woe attempted to carry it out by nii ens of the powers in the
company's act, which enabled a good title to be made, those
powers were not sufficient fur the purpose. The defendants
were entitled to eater on the discussion of that point, but
they were not relieved from the difficulties they were placed
in, which arose out of the agreement as it stood between
the panics. The company was dealing with • man who
was only tenant for life of one part of the property he sold,
and they undertook to got powers to enable hint to make a
good title, and their set, as it passed, had such power!, but
which it was now said ware not sufficient to enable the com-
pany to carry their agreement into effect. But by their
ant, such as making arrangements for examining into the
title, and not then raising the point as to the tenancy for
life, it must be assumed that they were satisfied that they
had obtained sufficient powers, and even if they had not,
they could have got their powers extended. Nothing, also,
had been stated to show that they could not have taken the
land for extraordinary purposes under the general act.
They thought themselves entitled to fulfil their contract
when their own act passed, and yet they now uked the
court to say, that they had not sufficient powers for the pur-
pose. It was said that there was a clause in the act which
was intended to guard the interest of the remainder man,
with regard to the price given for (belied, by presiding that
it should be valued by two valuers, one appointed by each
party. This was not done certainly, but only because the
company declined to do their part, and it would be a mockery
of justice for him (the Lord Chancellor) to say that they
could withdraw from their contract on the pretest that they
had not powers to get such a title made as would be bind-
on the remainder-man, when in Get they bad only not ex-
ercised their powers. It was their own fault that the title
was not made in consequence of their availing their con-
tract and withdrawing from the exercise of the powers they
had. He would not, therefore, permit them to take advan-
tage of their own breach. If, however, the company now
chose to hare the land valued by two persons chosen as re-
gulated by the act they might do so, and he would give
them the opportunity of doing it. Ile was of opinion that
the company was bound to do all the matters made incum-
bent upon them by their act, in order to get a good title,
and if they had failed to do so by not doing what would
have rendered them competent to get such a title, it was
their own fault. It was said that although the purchase-
money had been ordered by the decree to be paid into
court, yet that that could not he done until the title was
made clear. But he thought it was the duty of the com-
pany to contribute their aid to the carrying out of the tie-
cree in that respect—as the company had expressly con-
tracted to get powers to enable them to complete that con-
tract, as they had obtained such powers, and as they had
acted as if th-y had obtained them, ho assumed that they
were satisfied with those powers, and were so far ready to
fulfil' the contract, and on that simple ground he should
hold them to it. If they had come to the court at an early
period and said we have been mistaken with regard to our
powers, they are not sufficient, and we must go to parlia-
ment to get larger ones, that would have bean one thing,
and the court would have not compelled them to fulfil their
contract until they had taken that course ; but to say !KIT
that they had not the necessary powers was only ea of &
thought, and brought forward to get rid of the cantina.
Having already decided that the contract must be fulland.
he should dismiss this appeal with costs.
SMITHSON V. Po WELL. SDNCIFIC PERPORMANCM.
SALE or LAND WITH RIOHT TO COAL.
This was en appeal motion against an order of Sir J. L.
Knight Bruce, when Via-Chancellor. The plaintiff!,
Elisabeth and Mary Smithson, were the owners clan estate
at Keighly, in Yorkshire, which wee put up for sale in
113.50. It was stated among other things in the advertise-
meets of the particulars of sale " that the land contained
coil which was in the course of working on an adjoining
estate." It did rot, however, appear that any such state-
ment was made in the conditions of sole. Mr. Powell, the
defendant ,became the purchaser of the estate for a sum of
1,8901., anti the abstract of tide was delivered, but owing
to the illness of Mr. Powell's solicitor it was not examined-,
and he took possession of the estate, pulled down old
buildings, and erected new ones. After this it was found
on examination of the abstract of title that the vendors were
not entitled to the coal. Mr. Powell then offered to take
the property, on • compensation or abatement in the price
being allowed him for the loss of the coal, or to rescind the
contract. This offer was refused, and the plaintiffs filed a
bill to compel soecific performance of the contract for the
fall sum of 1,890 f. The defendant filed a cross bill, pray
lag for a specific performance, but with compensation
allowed. The Vice-Chancellor dismissed both bills with-
out 001 M. Mr. Powell appealed against the order.
Mr. Matins and Mr. Webster now contended that by the
amuse taken by the court below, both parties were without
relief; and urged that Mr. Powell was entitled either to be
relieved altogether from his contract or to carry it out with
as abatement for the loss of the coal, the right to which he
bad supposed he purchased.
Kr. J. Russell and Mr. Daniel, for the Messrs. Smithson,
urged that Mr. Powell must have known from the abstract
atilte that the vendors had not • right to the coal, and
that by taking possession of the estate and erecting build-
be had put an end to any right to ask either for the re-
ding of the contract or for compensation.
The Lord Chancellor said that no doubt the sellers when
they advertised may have believed they had the right to the
coal, but it was discovered that they bad not, and the pur-
chaser wasted to have a decree for specific performance,
with compensation for the loss of the coal. The Vice-
Chancellor, in dismissing both bills, had only done as was
done by Lord Eldon in • similar case. Generally, when a
man bought that which did not answer the description given
of it, hews' entitled to compensation; but it was difficult to
say in this cue that there was any questioa of defective title,
for no title to the coal existed in the vendors. It was clear
that there was strong evidence to show that the parties
actually sold only what they had, and that there was no in-
tuition to sell the coal, nor did the agent of Mr. Powell
consider that he was buying it. The conditions
a see stipulated that an abstract of title should
be delivered at an early period, and that if
no objection was made to it (in a month, the
este should be binding. The 'bitten was eccordingly
ae deli d, and on its very first page there was an excep-
tion with regard to the coal. There was no contract to tell
the right to the coal, and the advertisements should have
Mel tuturchaser to ask how it was that the coal was not con-
in the conditions of sale. No objection was taken to
dm abstract of title (arising, it was said, from the illness of
the purchaser's solicitor; but he might have employed an-
other), and, having examined the estate, Mr. Powell en-
tered into possession, pulled down and erected buildings,
sad exercised right* of ownership. lie could not in the
first instance hare resisted the completion of the contract.
It was not possible to give compensation for the loss of coal,
for it was not easy to put a value on that mineral. Consi-
dering the acts of the purchaser, and the conflicting evi-
dence as to the preliminaries to the sale, and the difficulty
the court would have in making a decree for specific per-
formance with compensation, ho (the Lord Chancellor)
was of opinion that the bill was rightly dismissed from
the court below, and the appeal must be dismissed with
coots, lie should however recommend the defendant to
accept a decree for specfie performance without compensa-
tion, and he should decree accordingly.

Heroes TSB Loans !emcee or ATTI4T.
ATKINSON V. PARKER.—PRACTICE TINDSR THE NSW
CHANCSKT ACT, IS & 16 VICT., c. 88.
The suit was instituted by a female ward of court for the
administration of a testators real and personal estate, to
one seventh part of which she was entitled under the will.
Th., infant plaintiff married pending the suit, without the
permission of the court, whereupon the ordinary bill of re-
visor was filed against the husband, and a reference was di-
rected by Sir lA,. Knight Bruce, when vice-chancellor, to
approve of a proper settlement of the lady's fortune. A
settlement was accordingly approved of and exc.( uted,
whereby the property to which the wife was entitled un-
der tho will was conveyed and transferred to trustees upon
trivet, for the benefit of herself and her issue.
The husband had since died. Upon an application
being made on behalf of the widow, under the 62nd section
of the Equity Jurisdiction Improvement Act, 1.5 and 16
Vict., c. 86, for the common supplemental order fur the
purpose of carrying on the suit against the trustees of the
marriage settlement, Vice•Chaneellor Stuart, before wlions
the application was made, refused to make the order, on
the ground that the ease did not fall within the terms of

a

---4

s
6

.„4

i ~.
.+

F

timetartate; but suggested that the applicatioa should be
taken le the Court of Appeal.
Mr. Hardy, on behalf of the widow, now renewed the
tippliestion before their lordships, contenelieg that the case,
if not within the letter of the statute, was, at all
events, within its spirit ; and that the statute
might to be construed liberally. The 62nd eictio•
enacted" that upon any suit becoming elefestive by reerion
amuse sheers or traaaninion of interest or liability, it
shall not be necessary to ezhibit any supplemental bill in
Order to obtain the usual decree or order to carry on the
proceedings; but an order to the effect of the usual sup-
plemental decree may be obtained u of course upon an
allegation of the suit having become defective, and of the
change or transmission of interest or liability." lie con-
tended the', although the trsosfer to the trustees had Men
ina4la before the passing of the met, yet it was a change or
tranuniaion of interest within the spirit of the act, and
that the order ought therefore to be made.
Their lordships were of opinion that it would only be
acting according to the spirit of the act to apply it to such
cases as the one Wore them, especially ay, by a suloequent
provision of the some section of the set, the parties to be
affected by the order were empowered to apply within a
limited time to the court to discharge such order on any
ground which would have been open to them had a supple-
mental hill been tiled agaiast them.

IrIATMAN a Moe CADZIII Tile EQVITY
lIITROTIIIIIINT Ac?, Section 2.
The bill in this ease haring been drawn suhsequestly to
the act 16 & 16 Vie., e. 86, coming into operation, was
printed according to the requisition of the first section of
the statute. In the title to the bill se printed a party hav-
ing the Christian names Constantia Maria was erroneously
dceerib.sl in print as Maria Constantin. The solicitor of the
plaiatiff, before presenting the bill to the clerk of record.
and writs to be tiled, erased the printed word Maria and
reinstated it in ink imevdiatelly after the printed word
Coestantia. The clerk of reeoßs and writs refused to re-
ceive and tile the bill on the ground that it was not wholly
in print, as directed by the first 'action of the statute.
Au application was then made to Vice Chancellor
liindersley for an order directing the clerk of the records
and writs to receive and tile the bill in its present state. Ilia
Honour refrull to make the order, holding that the set
did not give him jurisdiction to do so ; but he suggested
that the application should be taken either to the Lord
Chancellor or to the Court of Appeal.
Mr. Schimberg, for the plaintiff, asked that their lord.
'hips would make the order.
Their L irdships were of opinion that it would not be
departing tram the spirit of the act to make the order
asked. The [imposed alteration being of so trifling a cha-
racter might they thought be made ; but it must not be
understood that they would sanction any alteration in
writing which was at all intensive or impor ant ; or which
would in any way interfere with the legibility of the bill.
An order was then made, directing the clerk of records
sad writs to receive and tile the bill to its present state.