The Express.
London, England, 1852-03-23 00:00:00

ROYAL GEOGRAPHICAL SOCIETY.

Yesterday evening a meeting of the shove society
we held at Albemarle-street, Sir Rummies: Me neitteaft
is the chair. 'the principal point of interest was the state-
ment of Captain Donald Bentsen with respect to the pro-
gress of the fitting out et an expedition under his corn-
mead, which is shortly about to depart in search of Sir
John Franklin and hie party.
After the despatch of the usual betimes of the society,
daring which several new members were elected, Captain
Herstaun was introduced, who, in a very plain sailor-like
Manner, read a report which entered very muck
Ws the details of the construction of the Tee-
s& to be employed in the expedition. He said
that his set out with provisions fur fire years, which with
essonessy might be made to last for seven years, and expected
011 lei coals at Callao for the purpme of steaming. They
carried out with them an iron alphabet for the purpose of
learning the name of the vessel he commanded upon any
drift wood or other suitable substauce that came in their
way. If Sir John Franklin hail gone further than the
130th deg. of latitude, and he should he so unfortunate as
not to Mad him, and should still be so fortunate as ,
to return, be should be consoled by the consciousness
of having done his duty. Sir Roderick Muehi•
eon kwiot,d to the map and marked the limit.
in which Sir John Franklin and kis:party were most likely
to be found. Mr. Spewed then read a report upon the I
abundance of animal life in the supposed neighbourhood
of Sir John Franklin's expedition. lie alluded to the
quantity of game obtained by former expeditions, and spoke
of the exploits of the parties under the command of Capt.
Penny and Capt. Rues, and others, and concluded a most ,
favourable account (supposing only that sour adamantine..
navigators hail a sufficiency of powder and shot.)
The president, Sir It. Slurchison, then explained and
pointed out upon the map the several points of interest I
connected with the site and the projected expeditions.
He Said that from the abundance of game that it was more
than probable that Sir John Franklin's party still existed ;
that Melville Island, Arellington Sound, and Victoria ,
Channsl abounded in game, and that if only fortunate upon
the average 17 lbs. of meat might be daily served out per
man. That the islands where they were supposed to winter
were not colder, but rather warmer than the adjoining
main land. That Etighshnien donut, like the Esquimau*,
" eat to sleep, and sleep to eat," and therefore it was more
than ',rub that Sir J. Franklin's party would not have
lost heart, but would persevere as long as it was possible
fur human nature to hold out. ilxit the mortality in all
preceding expsalitions had been very small—chiefly from
inherent disease, and nut from the climate.
Mr. WIIITE said that it was nets-nary to keep up the in-
terest of the public with reliant to these expeditions, but he
wee sorry to say that few seemed to care fur it, and he re-
gretted that Captain Ideation's projected attempt had not
met with more sympathy. That the abundance of game
and the net . ssity ur hunting would keep up the spirit of the
crews, which was a great fact in these and similar ex-
peditions.
Lieut. Per here offered a few observations, in which he
stated that he could es, speak as to the abundance of ve-
getable life. There were eight species of berry, and a root
much ri rumbling the potato, an excellent remedy against
*curvy ; on the Asiatic side an abundance of driftwood;
and, from the presence of the Esquimau: in the neighbour-
hood, cloth-a would he ensile procurable.
Mr. KANE, in some remarks upon the American expedi-
tion, said the question of food was almost subordinate;
that although Captain Beaton set out with only two little
vends, yet the importance of the expedition must not be
underrated; little vessels, especially in such expeditions,
had often been more successful than larger ones.
Sir Runtime Me SICIIIIIOS' in a few observations upon
the preccilimi remarks, said that amongst other things the
public oug.it to be informed that the great want was the
want of money. It would not be right to let Captain Beld-
am, who had originated the expedition, to ruin himself.
He hoped, therefore, that the necessity of supporting him
is his arduous uudertaking would go forth to the world.
(Here he cool] not help remarking the scanty attendance,
scarcely fifty members being present.)
Mr. Itoiteier PUILLIPS proposed the erection of frame-
houses every ten miles • but
The Passions/ begged, with great deference, to differ
with bm. There were many naval men present, and he
had grout confidence in their judgment, and in that of
those who had hitherto conducted the Arctic exerdieon.
Dr. Cutters had great confidence in the mond courage of
Sir John Franklin, and telt quite assured that he would
not return till he had achieved the objects of his cape
dition.

Atter this two papers were read—.l,st° Travels in South
Western and South Eastern Africa," by Mr. Garsiot, and
one on the " Clarification of Water Sheds," by the Rev.
C. 0 :Cleolay.

SPORTING.
TATTERSALL'S—MONDAY.
NtHITHAVITONntI HIS sTaliad.
00 apt lin J. gtankfe Teddinston
7 to Mr. Wiehtsin Mel JosUse
loss Mr. Drew% Bad Ckl
Mr. T. Par's antiwar/ter
IS to Mr. 0 mei Its Day
13 to Cooat lettayoo)% Jack.laato Caner
23 0. Mr. tree Dwkie.
to giving the above quotations, we are governed by the
offers to lay ; Teddington alone having been in any real
favour. Ihe slightest advance oa 9to 1 would have been
accepted. Cariboo was scratched in the morning at 11.31
NORIA sMPTOVelillttt TRIAL !STAKES.
7 to 1 slot Mr. J. M. Otaa.ersClinehm
31EfKOPOLITAN HANDICAP.
10 t I amt tionval Masao% Bseldwer.
II to 1 Mr. liellAwatilltiltni
Hew Homburg sad Led/rave are scratched.
MOH= CUP.
IS to soot Mr. Crevilde Isessomow
SO to Mr. MAO liksliebni
30 to Mr. Slaniamoto (t : sod Mt WM.)
23 to Mr. JP it! sabestike gem
Si to Mr.
40 10 Mr. Ws Cagy (t)
Sots Mr. Calnidesma*silsamala Deer
The only investment worth spostiag of was on Nancy
ea alson 1001. was laid oat at! sod Z 2 to I.
DUST.
to apt Me Xenwaletrry's SAWA (t 7l to 1)
3to . 's Oasis
I laid &tint s Awes ft)
lab Mr. stsbNiels Alfred die Groat
la to Lord Tat M.% GatMlosn (I)
10 u toed indsit'a lariat (t se to I)
IS to Lard llllMlmbles
la Halm cot aishinnadt=eowrd (t)
10 to Mr. DteriestaChisl lannalesimissa (t 1,000 to
10 Mr. J. dastes Phrases_

t; i base re eaa at .60
Cumin Wien of 6 to 1 orrit Hobble Noble throughout
tho asp, sod wee to bath Ws at loration 7 to 1 ; the quo-
tations against the other &lowan on 'mode up from a few
trearetroas of small oneauatu

Eplo3llenirLi Canna, &a—Britieb Yeoman and
Mies Mowbray are scratched for the Steeple Clam, and
Rattrap for the Hurdle ream
ABEKOAVISNNT Sraaris CHASZ.—British Yeoman and
Rattrap are scratched.

natz futelligence.

HOUSE OF LORDS.—YUTERDAT.
AITIAI.I. PROM TIM (4•0• T or 8•.1.131 1. !1/4,11.117•13, AMY HMI (*'R
Of • I•T:iII.PDOR 7141, LAMY CMA3WII.II4III. LOW UMIC4.IIIAX,
LID IM. EAUL or Ikon .5.

TUE Thlt *TEES O► TUB iliUll.le It o► DI:NDIK C. Dot,-
OALL.-11411VJAW:11 AMU PUS? ILIOKTO.--JIJUUMIDIT.

The heavies; of this appeal, which occupied the house
several days last week, was now concluded. It is an appeal
from certain interlocutors pronounced by the Lord Ordinary
Wood, and by the first division of the Court of Session in
Scotland, in conjoined actions of decimator and suspension
and interdict betwceu the appellants, trustees of the harbour
of Dund,e incorporated by statute 11 George IV., e. 119,
and William Stark Dougall, of Scotecnigi Esq., raised for
the purpose of having a judicial determination of the right
lief the appellants to levy dues at Ferry-fort-on-Craig, situ-
lied within the precincts of that harbour, in so far as these
eittse had been impugned on the part of the respondent.
h Solicitor-General, Mr. Bethel), and Mr. Anderson
were for the appellants; Mr. Belt, and Mr. MoncriEff of the
Scottish bar, for the respondents.
The Solicitor-General having concluded his reply,
The Lord Chancellor, in moving the judgment of the
house, said this was an appeal from a decision against the
appellants, the trustees of the harbour of Dundee, in favour
of the owner of Ferry-port-on-Craig, so far as the right
claimed by the trustees to levy dues on ships loading and
unloading at the latter harbour. The question properly
before the house was not whether the defender, Mr. Dou-
gall, has or has not the right of free port and harbour,
but whether the trustees of the harbour of Dundee had the
right or not to levy dues thereon. Although the question
had been stencil oo very extensive grounds, it appeared to
him to lie in a very narrow compass. The trustees, who
claimed under the corporation of Dundee, rested their title
on old charters, which gave them free port and harbour
rights within the limits of the harbour extending for a
distance up the Tay of about 12 miles on the north and
south sides of the river ; and it was not denied that Ferry
port-on-Craig is within these limits on the south aide. le
the court below the respondent's case ultimately rested on a
double claim. In the first place, he said the trustees had
no right to pursue him, because from time immemorial
vessels hail been in the habit of loading and unloading at
Ferry-port-on-Craig, and there was constant communication
between that place and Dundee. It was, therefore, con-
tended that it was utterly impossible that the trustees
iould be ignorant of what was constantly taking place
there. The second defence was of a different character, as
Mr. Dougull asserted that he had not only a port but that
be hail a right of free port. The Lord Ordinary made an
interlocutor which invoiced the two questions. Ile found,
first, the limits of the harbour as stated, and that
the trustees of the harbour of Dundee hail the right
of free port and harbour within these limits without
prejudice to any right which might be " instructed" by
the defender, and he also found that Ferryport-on-Craig
ass within:the limits of the harbour of Dundee. The
Inner Division of the Court of Session had not interfered
with that interlocutor, except in so far as they recalled the
finding that defender had not produced any title which ex-
pressly confined on him, his predecessors, or authors, any
ht of harbour or free-port at Ferry-port-on-Craig. That
so, two issues were prepared. The first was, whether
he prior to August, 1844, or for time immemorial,
W Mabsar of Ferry-port-on-Craig had been used for receiv-
ing ships and vessels, and for the loading end unloading of
worms shipped and =shipped thereat, without the trustees
levying may dues on the said ships or cargoes; it being
admitted that Mr. Dougall had right to the town and lands
and to the haven and harbour, and ferry of Ferry port-on-
Craig. The second issue was as to Mr. Dos ell's right to
sire-port. The trusties were advised, in order to save
expense, to admit the first issue as tact found by a jury.
The Inner Division thereupon found that the trustees had
no right to interfere with the rights, or alleged rights, of
Mr. Dougall. The intention of that decision was not to
establish Mr. Dougall's claim of right to • free harbour,
but only to absolve him front the claim which the harbour-
trustees of Dundee had set up to levy dues at Ferry-port-
on-Craig. A great deal of discussion had taken
place on the point, whether this was a positive or
a negative prescription. The law of Scotland was very
much Embarrassed by these terms, but they were not intro-
duced into the act of parliament. The act of 1617 is ems
of the simplest acts of parliament ever paned, which " he
who runs may read." It is an act which applies only to
inheritable rights, and its leading provision is that where
there is permission for 40 years the title shall be good
against the whole world—that is to say, that if there is no-
thing ex facie bail no extrinsic matter can he br.ught
agaiust it. It was intended to operate as all statutes of
limitation ere intended to operate, and was directed to one
of the best objects to which a legislature can direct its
attention—namely, to give quiet possession, and prevent
claims tieing set up at distant periods of time. All well-
regulated countries have enactments of this kind ; and this
act of 1617 was the prescriptive act or statute of limitations
of Scotland. It was thereby provided that on a question
of inhesitable right 40 years possession should operate is
bar any claim. Sweeping away all subtle distinctions, it
appeared to him that never was there a right of a mire dis-
tinct nature. These rights appeared to him to depend on
negative prescription, and much of the argumeut was inap-
plicable. If the claim had been of a different nature—if,
fin enalea this
_respondent bad set up a claim to the bar-
/meld lies-ollie NEM have understood a greet deal of
the Sigentenie as le ; but nobody disputed that
pink
_end lie mat was only defending himself against
thedonef lOW the harbour trustees. He (the Lord
the
Obeesilet) WI Wiled through all the authorities bearing
es the gesolke. lad he was clearly of opinion that this was
•tems elf mint was *called nigative prescription; and he
WV ngesing either in the common law or on the sionstrue-
dm of the statute, or in the authorities of the Scottish
saints, to take frog the full operation of the act the ease
sew before the hoses. Another stray ground wee takes in
the ODOM of the t. namely, as to the net of parlia-
ment mike wide\ tee inesses were iseerperated. After
seine- Memo length *this part at the argsmost. the
=hie era IMAM lewd said Mere mina mum always be mad
*Meer of the subject as against the right they conferred.
Who private rights were e: ea awsy, this courts
weld net 10• Na with them. rbe met plainly enough
theesed Islet Ike the await of thin legislature in de-
We la of the km eser et Dundee. This was
veep delft awns in the stashinery provided for carrying
the afitifinipmatlem ; the truism were all elected from
Ikelberbill IS dee north side et the river,while Fihshire
MI Om ma MI as voice vbelsver is b. llllliiipmai.
The iambi et the legislative evideatly wes le levy due
within the Mabee, proper of DlSlditt. If alai 11.11 at a •
time et the paseing of the set a as. arenddlajt dt Tola k.16.1Megell tram paymentof dum su b* lowillie to Mss
that Ws right was net taken airy by the meetgellament ;
is maid net now be honed into meth • mesionstien ate
tales away mimeo rtgies est sonimmistad at the *eh !hie
view of the ome,_dinesam, volievet the rasa geselles of
all difkulty. The Idly rewoleieg gesegies we es to the
anise( the intanliet and deelarator of dio Inset Dhiim et
the Court of lamisa. That interdict weis granted Woe
the gnsedwe et sight mind by the Wage was omen, sad II
was net theee empeklag He
the belselloi west ruder
Ilutlesr Wes Is ught So gm He twee youpeoed seem
W rights et the treoloas, and the: the l= sionid not
ge beyond the tense et the first Issue Mg bed
Wedged. It most be to-extensive with the ism. bed et
the mew time eselieed to it. An the vegemisns hid es
rehealskre shseloas of any amaigneee azgramisa la the
. he gismo& Me i mum words
sal be Wm
Wood la Ihe Vont aserivingse m be skew WO the
hems fig Ili woe est ellmsleg_ any Win et tight
•lb pate • pert With Ws Mueslis& shore VOW
he se eteseisa to Wes the Ind ashram of the mem
below. It bed hgewity bola the genesis, to Oh his.
, ass to give memo in iaiWg • bee es he
thought that (Mpg Now is • blheml em *him they imi
not only to sillgadeise ilaliiiik bee to swimmer es give
satisfaction so We the Wee bouteeed en ebb same
would set be as het The wide sad isms&
lord by Welk, rat We_ judgment of the out
locime.
belemb
ii:iseteroiami dod with meth
deo view taken by his &ebb
and lomme. It was esniendsd that then mid r

CATTERICR-BRIDGE RACES—MONDAY.
Egr Morthe TelograpL]
SHORTS Sw ZZZZZ of 10 son. each, for 21e-olds ;
colt., B.t 71b; and fillies, Set 41b. Straight run in. (8 rubs.)
Mr. J. llsoloo's e t Annan 1
Mr. Embank's Sotawns". 2
&MOND Sarin TAIRSIIIIAL STAIIIS of 10 son. each;
colts, fist 7lb; fillies, fist 316. Two miles. (24 subs.)
Mr. Ilnllowark Edward of York
Lord Linforeo a by Duo Jobs not of Miss Wblp
Rasa! THIRD TIIIISSIAL STAKIS of 10 6066. seat,
fie ; oohs, set 71b; fillies, Mt Mb. Two miler. (20 sobs.)
Mr. IfienJaat'a to I Enda*
Mr. IteptworookCanous fl
Rovivat. STALOS of 20 sore. awls, 10 ft, sod 6 only If
declared, with 60 added. Two miles.
Mr. Jaq Achlitlaok 6 2n
Mr. Manna's Ita I re

ao .egative preastiption of • Weft me own bin
because it mu a pullit right. But be mad set on lfwad
for that saLt=geither Is the text wawa of Ilestiond.
Of is the cited boa the wierls O. the sow
snarl, the satbsehise
bza the ittbeir
wpseW iawlicasitathzaera
tkenary and la Oak, then was a thin if eepaiky, sad the
Ind sonsassed bass him. The party set up
the Weld of as the pond of bete Pie-
-44 script on, end 0010Ter •urged OS 4011001404 savoured
more of positive this naiads, per, seasely, that
he had boss seumesed to the distil's bad seem The
paned Won was as la the peseentesey that it was a public
right. hut the start held etissrabe. she hod in favour of
tatlis
som va Wog ses the patty semi prove that the
bagender. ailikally •4400114 his own winds 40 yews.
sons gdselpie was laid dew. meet diednetly in the
ass, rad oho is dr aras of Mow tiled in the
nom or 'kb sepossist. Zs (Lad Bapaphas) was of
"bin that as lasamity had Man alabliehal by the re-
speadesl, awl Suesehrk its this paid, dm Joilgoest below
teas eight Than se to a• orrentent SS the stitlo4 that it
was be takes with report to the sight at the time the
ast was pried
were
, he thought it would he doing the lone
Moan to the istestiss et theisphistare the loses
to arms that it was Waded by the act to take away die
rigida vested is these swoon.
The appeal was therefore dismissed with costs.

LEWIS r. HELLMAN.
This is en appeal from the Court of Chancery. The
appellant's cue was not concluded when the house ad-
journed.
The house will not sit to-day u a court of appeal.
EQUITY COURTS.—YISIZADAY.
Sarum Tea blue Junes. or arum-
JACKSON v. KENT.
. .

The plaintiff is this ease shareholder in the Charle-
roi and Yrgaeltassßailway!,'whisk was established
is 1846 as a " sedini " a royal anesedea of
the Nisi of the Balglene ; tie deindame team the somnut.
tee of insnedeasent of the railway, the matelere of whisk
were usideat at Paris, and Jackson and Omltant, whi op
to Chestier, 1846, bad asted as babe dlessten of the oar
palsy. The WI, whist was Med on MUM of all the
sharehsiden tempt the deheilants. alleged that pre-
virus to tbob retirement tram Ms and in order to
memo thinmelvse from baba seed by sh shatehaidere
bra return of their depodle is ease sake.,. shwald
Eabortive, Jackass red Grahams issued a vinegar esii•
we the shambidene Mast to give op their snip and
Ma their timetlM or he oohing,' for
Menlintemalingss or amen nada MlMthat many
of the shariesidlies avast Ithentiees of the offer to take
hp* thelir deipenn, and that ki thie way a sum of 8,280/.

THE EXPRESS, TUESDAY EVENING, MARCH 23, 1852.

was returned to the sharebolden by Jackson and Graham
out of 12,6541. standing in their manes u directuri
to the deposit account in the bank of Messrs.
Smith, Pal ace, and Co. The bill prayed that Jackson and
tl:o usistum ut OrAliens who had become bankrupt were
liable to make good the 8,2601., and sought mar. account and
papist nt. The case wee cone on to be beard ou appeal
from the decree of the Master of the Bolls dissuissiug the
bill with costs.
Mr. Roundel' Palmer sad Mr. Slice, for the plaintiff,
contended that the English directon were the trustees or
agents of the company, and were not justified, without the
sanction of the company, in returning the deposits. They
were, therefore, liable to replace so much of the company's
funds as they bed thus improperly applied.
Mr. Bethel', Mr. Wilcock, and Mr. Amphlett, for the
defendant Jackson, contended that prior to the retire-
ment of Jackson and Graham, the committee of manage-
ment had sanctioned and adopted the transaction com-
plained of by the bill, and that the payment in question
was allowed for in the balance submitted and passed at the
half-yearly general meeting of the company. This, indeed,
might be inferred from an allegation on the face of the bill,
that the company had always conducted its affairs according
to the rules of the company, one of which required such
half-yearly meetings to be held for the purpose of settling
the accounts.
Mr. Matins and Mr. Bovill, for the assignees of Graham,
took the name line of argument.
Lord Justice Knight Bruce, in delivering the judgment
of the court, maid that, whether upon the question of right
or the question of remedy, the law of Belgium or that of
England was to be regarded, the suit appeared to be ill-
founded. According to the law of Belgium, it ap-
peared that the plaintiff was incompetent to sue
for the relief asked by the bill ; and accord-
ing to the law of England, a case had neither
been proved nor alleged, which would entitle the plaintiff to
proceed on behalf of the shareholders; but, according to
that law, a different body ought to sue. The pleadings
and evidence also showed that, more than a twelvemonth
before the filing of the bill, an account had been stated and
settled between the managing body and the defendants
Jackson and Graham ; and that 'statement, if true, which
they could not doubt, must be considered as destructive of
thst,plaintif s case. There appeared also, on looking into
the case, to be et least one more ground fatal to the suit.
Enough, however, had been said to show that the appeal
must be dismissed with costs.
Wean e. Tea DIRECT LONDON AND PORTSMOUTH

INSOLVENT DEBTORS' COURT.-YESTERDAY.

10111 4K. WI MIPAION /A (.AM.
Tar CIRATER COUNTY COUNT.

Mr. Commissioner lAw, on the 13th February, made •
remark on the practice of hearing the coos of insolvent
prisoners, by the Chester County Court judge, once only in
every four months. In ron.equebee of the observation
appearing in the newspapers, Mr. Hurl n, the judge, com-
plained to the learned commissioner, and • correspondence
had taken place, to which the learned 00111IIIMIOSeT now
alluded. It seemed that Mr. Harden had understood the
eoutmisaioner to impute to him that he was disobeying an
act of parliament in only sitting fur insolvent prisoners once
in four months. Ile declared that his sittings were regu-
lated in such matters by the purest motives, and requested,
after one or two letters, • public explanation, which the
learned commissioner was willing to give, acquitting the
learnod judge of disobeying an act of parliament, and
giving him credit for the purest motives. Still, he
(Mr. Commissioner Law) was of opinion that sitting once
in four months to hear the cues of insolvent prisoners,
could not and ought not to satisfy the expectations of the
legislature. It was true there we, no legislative enactment
on the subject, but County Courts were required to sit once
a month for other matters, and when the Commissioners
went the circuit, three circuits in the year were held, and
when the justices of the peace heard the cues, eight sittings
in the year was held at Chester. His Honour expressed
his opinion on the matter, and hell Mr. Harden to bring his
argument before the public why ho should only sit once in
four months to boat poisoners.

RAILWAY COMPANY.
This was a claim for the specific performance of an alleged
contract, entered iuto in April, 1847, by the company to
take any portion of the plaintiff's land within the limit of
their deviation, not exceeding in quantity 8 acres, and to pay
for ouch land, and for consequential damage, the sum of
4,500/., in consideration of which the plaintiff on his part
was to abandon his opposition to the company's bill
in parliament. The Iplaintiff accordingly ceased to
oppose the bill, which was in due time obtained
The company however afterwards fell into difficulties, and
abandoned the making the railway. The compulsory
poorer of taking laud given to the company by their act had
been allowed to expire, and the land was now ao longer re-
quired. It appeared that the company bad entered upon
the land only for the purpose of taking surveys and kvele,
but that they had not otherwise intertered with it. The
ease came on by way of appeal from the decision of Vice-
Chancellor Turner, who had decreed a specific performance
of the agreement.
Lord Justice Lord Cranworth delivered the judgment of
the court, observing that it was not clear—the wording of
the agreement being that the 4,5001. was to be paid before
entering upon the land for the purposes of the railway,
otild, the railway having keen abandoned—whether there
was any contract at all. Assuming, however, for the
purpose of the argument, and for that only, that the con-
tract was such as the plaintiff contended for, yet it was the
a, b, c of the doctrine of this court that the remedy by
specific performance would only he given where by that
remedy more complete justice would be done to the party
claiming the aid of the court. In the case before the
court, however, ho thought a decree for specific
performance would be doing injustice, rather than
forwarding the ends of justice. By leaving the
plaintiff to his aemedy at law, he would be put
to chew the validity of the contract, and the fact that a
breach of it had been committed by the defendants by omit-
ting to select to take the eight acres and to commit COMP-
quential damage. 'laving done this, the amount of damage
would have to be estimated upon a consideration of all the
circumstances of the case. By that means justice could be
done. Whereas, by a decree for specific performance an
injustice might be done, by obliging the defendants to
pay 4,500/. fur that which they had not taken, and which
they now could never take. The court was therefore of
opinion that the plaintiff, even assuming the contract to be
such as he contended for, had • ready means of obtaining
redress in a court of law, end that to that redress he ought
to be left. The bill therefore would be dismissed, without
prejudice to any question.
Lord Justice Knight Bruce said, that the observations of
Lord Cranworth were to be considered as those of the
court. Ile should only add, that he should base thought
the obscurity of the agreement itself a sufficient defence to
a claim for specific performance.

IMMIX TRI lIAIIIII Or TA 20LIA.
BELL O. TEE LONDON AND NORTH WEET/11:4 RAILWAY

COMTANT AND °TURN&
The hearing of this cause, which was commenced on Fri-
day, was resumed. Plaintiff is the registered public °Sou of
the National and Provincial Bank of England, and the de-
fendants are Mr. Watkins, the Secretary of the Loudon and
North Western Railway Compeny, and the league's of Mr.
Thomas Buries, a bankrupt. The object of the bill was to
recover from the railway company a sum of 4,0001., which
the banking company claimed to be equitably entitled to.
It appeared that Burton entered into a contract with the
railway company, in 1846, to construct a portion of the
branch railway between Rugby and Stamford, the contract
price being 107,8601. The company was to pay at the end
of every month for such portion of the work done as was
certificated by the company's engiseer, deducting one-
tenth, which was to be reserved by them until one
year after the completion of the contract, for
which period Burton was to keep the line in
repair. Burton, in order to procure capital to carry
on the works, assigned to the bank the payments he was
from time to time to receive,
_ in order to swam le them
an advance of 4,0001. ; and Barton gays as order ea Mr.
Watkins, the secretary of the railway , ha these
words: "You will oblige me by plaits the that
may become due on my wafts* No. I, es the Regby and
Stamford Rail .leis tho Nademel sal Provissial-Bank
of Sualand, the bomb, te my 11111100•11 t;" and on the
29th March the oemmy transmitted this order to
I the railway company. The railway eampemy acted on this
modes for ems mastlis, and paid the simessas that became
Ms be Doran diem month to mos* MN the beak. Is the
mend= Netts altered into emelber contract with the
railway away, which wee dithignithed es contract
No. 2, and Mr. Watkins wrote le the banking company
on the 7th July, iadonsing them that Burton had
entered into such eestrest, sad Ineairing if they
required that the mama on that contract she
should be made to them; and the mener ir replied
that they had no claim under embed No. 2. In
the month of August, 1817, Bastes MI Wei sli
and he applied, to the railway magemy tar es =914
10,0001. The company, however, reamed le man sash la.
Dance ; but, as he was in west etremay be my ages mil
'to purchase materials, they died be 111111•1111 NIS the
amount due der a fortnight's work'` bat they
_maid only
do this by paying the ineeey to Mr. Lida" their engineer.
to be applied by him to them purposes. Burton, otter
some rummer's's, epee* to this, awl the railway tom
pony at the sons time pram' of bits a ametity of is..
rails, to the memo of more dm the ism Meowed, they
being at Meaty le Mont them within 12 mesths at the
garZ runs pries—• seam of hit wee argued had
been alerted by the essapiany, is seder to secure
tilmmishee is swift the the beteg are that
the mem* des to Pules was to thelsank. Sub-
theseq„ meths set pempeedagestiMeterft, the ems-
piny elm Buttes modes Martha iontract thrift? Medd
take the seseast of than he. their own beads, which
they armerdingly did. Afterwards lanes ham, boas-.
rapt, tad bit smigness claimed a Imp ems of the railway
company as assennt ea tide eastreet. The Mimi wee re-
ferred to arbitraties,amd 4,111101. ens head is be dee teem
the compare, width they Maim these eimmeteams
the plain t& filed this sada that the railway am
parry might be directed to pay the 4,0001. to them, or sash
portion tacresf es en an smut Ise* takes may be himd
1 due to thee. _ - .- . - - .

Pose the &hate, it was emieuded that lbe Mimed seethe
of the assignment to the hank ghat to the railway company
was insufficient, and was net a notice of assignment he
value, and it was shewn that the railway company bad
overpaid the amount due under the *Detract, reckoning
the payments made to the bank, those made through Mr.
Liddell, with Mr. Burton's consent, for wages and mate-
rials, and those made to Mr. Boman himself, and that this
was a proceeding to make them pay the mount over
again.
The Master of the Rolle said he should look farther into
the papers before be dually diapered of the hue ; bat there
were one or two obeematione whisk he *mid make at
present, to explain the diSculty whit's he Mt in des ewe.
In the first place he ceasidered it was eseatil be the
plaintiff to prove that there was an assignment et Rae
moneys that Burton was entitled to nadir this asulasee, sod
that that arsignmint for value was, in BM, eammemieateril
to the railway company. The evident use SOW andiafeat
to establish a contract between Mr. Maslow end do beak.
hag company to that effect, but it Wei bialiellei akar
that it was the intention of either party to the railway
company to the contract which they es aniseed into,
and that it war not intended to leave it very
much to the bower of Mr. Berets le Aimee the
rums whisk be would be entitled to woke the hietrect
to be paid ta the hunk. If the only ashen Wel the letter of
the 29th Mae*, 1947, he should think OM was nothing
in it to show that it was not revocable, ammi, indeed, it was '
BS ordinary practice for persons to direst ems dee le then
ee be herreelleed to their bankers, width* its being bid
or magened that the pima who gave such direction one a
detest le the beak. The dilieulty he had In this sou
assess been She letters of the 7th and Bth July, hest whisk
be desheed whether the neva, ospea had net amiss
that the eider 0114111 by Dabs we It they
had web Who by any wane, be should essaliglir that they
were booed by it. He doubled whether thet the
7th July ben Mr. Watkia, erAing the terhing eseepossy
in what maw= sorbets seeks timid be agglied, wee not
ma aminbelen et the that they bit Mile et as
aselgelaset tar also. that view he timid halt to
the widen% aid eitialseubether there vie ealleilea.es
whist be add bead a et whether be sight .eia-
sides it advinble that there iwld be a terilice investiga-
tion Who be arrived at any Mikis& IS the aubject.

This witness also underwent erwat.examination by the
prisoner, but the evidence remained us unshaken as that of
the former witnesses.
. . . . . . -

Upon the ra-examination of the witness, he said.—l saw
the prisoner's brother after the 11th of December, 18.51, and
he said he had given the letter to tho prisoner. In the
signature books of customers at our bank I find the name
of Charles Clifford, New Stock Exchange. It is in the
handwriting of the prisoner, of the date of the 29th of
March, 1847.
Mr. .1. Saunders, a pay cashier in the bank, said—l paid
the cheque produced for 121. on the 4th December, 1851.
There was only 68.6 d. to the prisoner's credit at that time.
I paid the cheque in error. I did not refer to the account.
It had lain dormant for some time.
. .

The prisoner for a considerable time crou•examined the
witness, hut nothing material was elicited.
Funnell, the officer, in addition to the evidence given
upon the first examination, said—l received 73 duplicates
at the lodgings of the prisoner from his wife, some dated
this year, some last year, and some the year before.
Mr. Clarkson said his object in calling the officer to make
that statement was to show that it was not probable that
the prisoner could have had a balance of GOl. at his banker's
in the midst of all the apparent distress by which he was
overwhelmed.

The Prisoner—That hu nothing of all to do with the
businese.

Mr. William Colton—The prisoner wee my tenant for six
years, beginning with 1815. In April last ho owed me
three quarters' rent, and I was obliged to put in a distress.
He contrived to pay me.a quarter's rent, but I never re-
ceived any more from him, and on the 7th of February I
saw him, and he told me he bad no means of paying me.
The risoner—l was not aware you were going to rake
up ell this against me, but it is evident that it has nothing
to do with the question. It is done merely to strengthen
the case against me.
The Lord Mayor having read the usual form to the pri-
soner preliminary to committal,
The prisoner said—All I have to sayls, that the money
has been paid into the bank, and by myself ; and the evi
dens against me has nothing whatever to do with the case
before your lordship. If I had 5004 or 1,0001. at my
banker's, I have no doubt that the circumstances would
have ben the same at home. As for the number of dupli-
cates produced in this court, if there were as many again,
it would not at all astonish me ; and as for what debts are
owing, they will be paid. The amount of my debts alto-
gether does not exceed 351.. I have no debts of any kind
in the City except one, and I always paid 20 shillings in the
pound, and I shall be able to pay the few pounds I now
owe. I submit to your lordship that the evidence before
Inyour lordship against me is not sufficient to warrant you
sending me for trial.
The Lord Mayor—l have no alternative.
The prisoner was then committed to Newgate.
WORSHIP STREET.
_ _

Jam,. Day Bantfteld, alias IVhitelock, alias Palmer, a
middle-aged man of respectable appearance, was charged
with having been concerned with others in obtaining nu-
merous sums of money from different loan societies by false
and fraudulent representations. It was shown that the
accused had acted in concert with Kingdon, who was con-
•icted of a similar offence in December last at the Central
Criminal Court, and the charges against him being nume-
rous, he was remanded.