The Express.
London, England, 1852-11-25 00:00:00

Raba intelitgence.

EQUITY COURTS.—YEBTERBAY.
BUMS ran 1/1111, Commas/As.
VISCOUNT BARRINGTON O. LIDDSLL.—ACCUSICLATION OP
• TRUST FUND UNDIk • WILL.
This was a question under the will of Shute 13 irrington,
late Bishop of Durham, and turned on the point whether
a sum 01 15,000 j. trust.money, which wu settled to acts-
ululate for the payment of certain portions amounting to
40,0001., during the life of Viscount Barrington, or for the
period of 20 years, could, consistently with the provisions
of Thellusou's Act, be allowed to accumulate beyond 21
years ; Vicount Barrington having lived In yowl that period.
The matter was brought before Vice• Chancellor Turner,
who decided that there could be no accumulation beyond
21 year.. This was appealed against, and argued on a for-
mer day.
The Lord Chancellor now gays judgment, and said that
the.fund wee only intended to aecumuliee far a certain
period—that is fur the life of Lord Barrington, or if that
should lapse for 20 years, until a certain suns should be
raised to pay the portion. The will only menet the accu-
mulatien to go on during the life of Lord Barrington, un-
less the sum necessary for the portion was not previously
raised, stud therefore it did not come within the prohibition
of Thelluson's Act. A sum of 38,0001. hoeing been
raised, he was of opinion that it was available for the pay-
ment of the portious as they became due. On 'he whole
lie thought the case came withia the receptions stated in
Thellusun's Act—that the portions bad been regularly and
properly raised and applied. The decision of the Vice-
Chancellor must therefore be reversed.
Tint BATII CIIARITIZS.—APCINNTMENT 01 THCSTRILS.
This was a pi tition to appoint ten trustee. to supply va-
cancies in those offices in relation to certain charitable funds
in Bath. Some difference had arisen Isetwei is two political
panics in the town in whom the appointments were vested,
and hence the application to the court.
The Lord Chancellor decided that, from the lists pro-
posed, fire trustees ou each side should be selicied.
The following scene occurred in the course of the
sitting :
Mr. Renshaw said, without naming the cause, which was
kept a secret, that the order fur commitment of —.
the Lord ChanoeUor stopped him by saying —Maud me
up the affidavit.
That tieing done, the Lord Chancellor glanced at the
short-hand writers and reporters, and directed the Regis-
trar to say, " This cue is not to be reported."
They were naturally struck with astonishment, the
hearing being in open court.
In a few minutes the Lord Chancellor, having read the
affidavit, rose and said—" Let the party stand committed,"
and immediately left the court.
Thus ended a scene never before witnessed in an open
court. The party, cause, orground of the committal not
transpiring.

Smola ewe WAIWA• or Ins Roux
THE SUREWSBCRY ♦ND BIRMINOHAW RAILWAY V.
Till LONDON AND NORTH WISTERN ItAlimsr.
This case has occupied the court at intervals several
days, and the arguments were brought to a close this
day ; but, as his Honour deferred giving judgment, we
reserve our report until the judgment has been delivered.

Bayou Irres-Caucuane Bra Ono. Tunas.
TNOMPON O. DANIELL.
Sir W. Page Wood Stashed his reply in this ease.
His Honour said he thought the case must go to an ism,
but he would take the papers home and consider the case.
IN THE MATTEK OP BATAIID.
This was an application for payment out of court of a
sum of money paid in under the Legacy Act.
Hi• Honour asked why the cue was brought into court.
There was an order that in such cases application should be
made at chambers. The order was one always ro..de, as, of
course upon proper evidence, that the legatee had attained
the age of 21 years. It was possible that the order might
not be generally known, and therefore he should net refuse
the costs of the petition in this case, but should do so if it
occurred again. The application might be made at chars-
ben at much less expense to all the parties, and were a
cheap mode had been provided the court would insist upon
its being adopted.

Bisofts VNT-CRAircauao RIIIDWLar.
IN 111 TATST.—PktErIUMPTION AS TO PERIOD
01 DEATH.

This was a petition for payment of certain money out of
court, under the following circumstances :
A testator gave the residue of his property to trustees to
invest, and to pay the interest to his sister, Fanny Creed,
for life, and, after her decease, to divide the principal
equally between all such his nephews and nieces as should
be living at tho decease of his said sister, Fanny Creeds
and the lawful issue or legal personal repress ntatives of
such his said nephews and nieces as should at his sister'.
decease happen to be deed, leaving lawful issue.
Fanny Creed died in January, 1838, and the testator died
in February, 1838. The testator ha I ten nephews and
nieces—nine shares were paid by the trustees, but the tenth
nephew was George Creed, who became a bankrupt
in 1829, and at that period left England and
went to Now York. In 1831 a letter was received
from a stranger residing in New York, addressed to one of
the relations of George Creed, stating that George Creed
was in distressed circumstances, and asking that assistance
might be afforded to him by his family. About three months
afterwards George Creed's wife gave instructions to a friend
who was proceeding to New York to make inquiries about
her husband. The answer was that nothing could be heard
of him. A short time ago it was further reported by a
Mrs. Colonel Howard that George Creed was seen by her
son in the year 1831 at New York, in the company of some
strolling players, and in great distress. No further informa-
tion had since been obtained respecting him. The legal
presumption, therefore, was that he bad died within seven
years after he was last beard of; but a question was sow
raised as to the period at which it was to be pre-
sumed he had died. If his death occurred before
the death of the testator, then his children, of wham
two were now living, would be entitled to his tenth share ;
but if it was to be presumed that he died after the testators
then the assignees under his bankruptcy would be en-
titled.

Mr. Chandless and Mr. Walford appeared in support of a
petition presented by the two children of George Creed,
praying that the money which had been paid into court by
the trustees might be handed over to them.
Mr. Daniel appeared for the assignees, and Mr. Pitmans
for the trustees.
The Vice-Chaneellor said he did not see how he could
come to any decision as to which party was entitled, with-
out further evidence about George Creed. It appeared
that in 1831, after • letter had been received from
a stranger applying for assistance, the wife instructed
a friend to make inquiries about her husband ; the only
answer she received was that noddy! could be ascertained
respecting him, and from that period it did not appear
that any inquiry whatever was made. It was true that in
this case George Creed was in fact represented by his as-
signees, but still he could not decide as between them and
the children of George Creed without further snows
being made to ascertain whether he wee really dead, and
the period of his death. The course he should advise wee
that the parties should endeavour to come to some ar
meat as to dividing the fund. It was thea agreed that
ease should stand over with a view to see if such • mope-
mime could be affected.

001U1tT OF QUEEN'S BENCH.—YarzaDAT.
&MVOS tee Itsruss—Execen LORD CMIFBILZ, Ma. harem lemma
MAN, AXE, Ma. Josses Elm.
THE !WHAM DUEL.
IN TN, MATINS or EMANUEL BARTNILINI AND
PHILIPPA EUOINI MORNAY.
At the sitting of the court this morning Lord Campbell
delivered the judgment of their lordshipe in this an. His
heiskip said the court had carefully looked at the deem!,
tiles, and, having done so, wee of opinion that the applies-
*sa ought not to be granted. The evidence appeared
millMient to support the verdict of the coroner's jury„
Their lordships, of count, could give no opinion on the
main question of the guilt or innocence of these gentlemen,
but it would be acting contrary to the principles on which
the court had alweys sated to permit a writ of habits °or-
; pus to issue. No distinction could be made because
the alleged murder happened in the course of a duel.
'lt wee tree there had been a time when public
feeling • duels was contrary to the law of the
land ; but he ( rd Campbell) was happy to say it had
now taken a different turn, and he did hope the time was
not far distant when the practice of duelling would be con-
sidered, not only illegal and immoral, hut also absurd and
ridiculous. In refusing this application the court did not
clash with the decision of the learned judges in Ireland in
the Sismile-bridge ease—a decision in which his lordship
entirely concurred.
Application refused.
Tan QUASI( O. SOUTH WALD/ RAILWAY Cox

MANDAMUS.
This was a mandamus against the South Wales Rail-
way Company, to compel the company to complete a pornaa
of their railway leading to the Pembroke Dockyard. Oa
the part of the defendants it was urged that the application
was premature, inasmuch as their compulsory powers (114
not expire until May next, and that they were at liberty to
complete their line at any time within • year titer that
period. The prosecutors contended, upon affidavits, that
the company had no intention to complete the pert of the
line in question.
The Attorney-Gcneral appeared for the prosecution, and
the Sulicitor-Oeheral conducted the case on the other side.
The Court were of opinion that the rule fur • manda-
mus should be made absolute.

Rule absolute accordingly:.
THE QUINN V. Ilex.—QUO WARRANrO.
Mr. Streeten moved for a rule calling upon the defendant
Ile show cause why a writ of quo warrant* should not is-
mer, requiring him to set forth by what right he acted e,
coroner for the Ilemel Hempstead district. The affidavit
reed by the learned counsel stated that on the 23rd of May
ha a writ de coronatore elegendo issued to the sheriff of
eewnty of Herta, commanding him to proceed to the
election of a coroner for the Hemel Ilempread district;
that a court for the election was duly holden ; that the
said Frederick Day was a candidate for the office, and wee
duly proposed and seconded; that Edward Pope,
the learned gentleman's client, was also proposed
and seconded; that a poll was demanded; that on
the second and last day' poll, at two o'clock,
there was a majority of 60 votes in Mr. Pope's tsvour ; that
shortly after that hour the defendant brought down 181
persons to the polling place, who claimed to vote as equita-
ble freeholders of the common of Bozmoor; that such per-
sons, being permitted to vote, were the means of giving a
majority of 70 votes to Mr. Day. The question w
whether them 131 voters were such freeholder- -
the act 7 & 8 Vie., e. 2, are entitled to -
of a coroner. The interest they bad i
this,: Under a certain deed, Bozmoor

The question was.
Freeholders Si within
o vote in the 'linden
in the moms .4,X
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