The Express.
London, England, 1852-05-11 00:00:00

EXCHEQUER CHAMBER.—Yurzapey.

Namur zir Lana view Cam raor raa Court or Ormg's
Isam.—Nara Ma. Draw Assameari_ Ma. ivories Ilmma. Ma.
Jars Canowata, Ma. DAME PLOT. Xs. Jranca TALRIVIIN AND
Ma. lama Mamma_

TUN OSANTaaa CANAL COMPANY O. Tax ANNIS-
OATS, NOTTINOILAY AND BOSTON AND BASTIAN JUNC-
TION RAILWAT.--JUDOXINT.

The gaeetion lee tili;;;;;i0:. upon a special verdict, in
an action brought by the plaintiffs in error against the de-
fendants in error, and turned solely upon the construction
of the 73d clause of • private set, namely, the 9th t 10th
Viet., c. 166. The defendants were empowered by that
act to construct a railway, commencing at Ambergate, in
Derbyshire, and passing through Nottingham and Gran-
tham tiolisC and Boston. It seemed that there
were in existence two canals, namely, the
Grantham which connected Nottingham and
Grantham, and the Nottingham Canal, which in
=maw Min nearly pudica with a considerable
Lithiet the Mehemet* emi of the proposed rai1.221.
llellaniants hod screed to both of these
mad Me period axed der the was, by shniP
aim, to be within air the orWag of their
Hal " Asimegate end Neelea." They bed made
may a mail portion of the mike railway, semeitytred
Onesthem to Bidwell, a Wiese about four aellse
=L town* Amboy*/ ; rod the *lota mow
the elipalatisa enteited the eel should be
1%1094 sod that the wane dread be eimpisted.
Mr. Nina Mimes nod the Jadossest of a majority of
the asset. They thaegbithat tie Kaki iniatosaticel wen-
lag ef the aimse we that °attended dir by the phdatilf 's
.easel, sanely, that the mad wee to take place within six
meths attar the Grain of ea part of the red-
rew bottom its two elibes. It file Woa-
d= of the legislature had beet 'Morris, the words
would hare beta within six asseAhe offer the opening
sighs railway from the as plops to the ether, or the open-
os:the within the whets igen between the two
It wee quite bee that, Is amasii wines, the
Willi Muir meld Wed be employed I. that eerie • but
se they wore tins se far low 4 the wart nut look to
the masa Mr Ike hileyet of the skim. Now, they
were et spike that Me Woe swift st the words was that
which eggessed to be likewke their etrist grammatical
*Melaka. The evilest beloalies of the set as that the
two meek end the seaway &MI be somelidated; tad that
the mob= et WM railime *sold take rinse at the one
dam. If Me esaradog we that the purees, timid set
take Niue mei the ee as
tosasil, It wee abets=
thee the whilehreathesiOesal would bore bed
to without realeo, kr a mob
le with the =Now Nos the N
Clod ; whirs=, if the other WrepretWo, t wise oispled,
kik mull would be pima ht wetly the me peel-

tiOa. It therefore appeared to a majority of the court,
that the construction of the plaitatiffa ought to prevail,
as being both the strict grammatical meaning of the words
and at the same time for the moat reawneble. The
judgment of the Court of aeon's Beech must therefore be
reversed.
Mr. Justice Williams thought the judgment of the court
below wee right. The word " betwecr." had two applies-
tions,as when we talked of a carrier " between " London
and York, sad an inn " between " those cities ; but the dif-
ference arose from the 'lipids in the one ease of the words
" along the whole distance " between ; and, in the other,
"at some spot" between. In his opinion the former was
the meaning contemplated by the act. It might be said
that this construction was harsh ; but he could not admit
that that was a sufficient reason for refusing to give the
words their legitimate meaning, and that which he thought
they were meant to have.
Judgment of the court below reversed.

billazo oa O. TN■ OFFICIAL MANAOIR OF Tat DOVIR

AND DIAL RAILWAY COMPANY.

This was • case which had been tried before Lord
Campbell at Guildhall three years ago, the plaintiffs then
being Lord Albert Conynghsm end seven others, and the
defendant, Mr. M.Gregor, the present plaintiff in error. It
now came Wore the court upon a writ of error and • bill of
exceptions. It appeared that a company had been formed
or projected for the purpose of making a railway, to be
called the Dover, Deal, and Cinque Ports Railway, along the
coast of Kent, and in the neighbourhood of the line be-
longing to the South Eastern Company. The promoters of
the Dover scheme were represented by a managing com-
mittee, who were prosecuting a bill before parliament for
their incorporation ; and to enable them to form their rail-
way. During the progress of the bill the committee fell
into difficulties. Doubts were entertained whether it was
expedient any further to prosecute the undertaking, but it
was thought that the establishment of this coast railway
might be advantageous to the South Eastern Company.
Accordingly some negotiations took place, which were con-
ducted by • Mr. Hook on the part of the committee ;
and by Mr. Faeroe, the aolicitor,and fdr. M•Gregor,the chair-
man, on the part of the South Eastern Company. The result
was an arrangement, complete or incomplete (for that was
one of the questions in the case), to the effect that the
managing committee were not to abandon their bill, but
that in the event of their obtaining their act they should
make over or transfer their scheme to the South Eastern;
and, on the other hand, the South Eastern were to guaran-
tee them against any loss in the way of costs. The manag-
ing committee accordingly wont on with their bill, and in-
curred an expense of 8,0001. or 10,0001., but the bill was
lost; and an action was then brought against Mr. M'Gre-
gor, who, it was alleged, had made himself personally
liable.
The Solicitor. General (with whom was Mr. Wat-
son) now appeared on behalf of the plaintiff in
error. He said that there were several minor
questions of • technical character, but the only two
substantial points arose, the ono aeon the record and the
other upon the bill of exceptions. The former of these
was, that the defendant below had entered into an agree-
ment that was illegal, and that therefore could not be en-
forced. The agreement was to the effect that tho South
Butern Company should take to the scheme of the Dover
Railway, which they bad no more authority to do than
they had to commence the business of hankers, and likewise
that they should indemnify the managing committee, which
they were positively forbidden to do by their act, which
distinctly set forth the modes in which all the funds raised
under its authority should be applied. Even the condition
of the agreement—namely, that the managing committee,
when they bad obtained their act, should transfer the
scheme to the South Eastern Company—was, in the eye of
the law, impossible to be performed. The guarantee con-
templated was precisely such • misapplication of the funds
of the company as the Court of Common flew, following
the uniform decisions of the Equity Courts, had held in the
case of the " East Anglian Company v. The Eastern Coun-
ties " (Law Journal, vol. 21, p. 23), to be a breach of trust
as against the proprietors, and contrary to the public policy.
It was therefore altogether illegal end void. The second
point, namely, that which arose upon the writ of error,
was, that the agreement was substantially ono between the
managing committee onitheone aide, and the South-Eastern
Railway on the other ; and that there was not the slightest
evidence that it was a personal contract on the part of Mr.
M'Oregor.
Mr. Serjeant Channel (with whom was Mr. S. Brown)
argued at great length on the other side.
The further hearing of the ease was postponed.

CENTRAL CRIMINAL COURT.
The above court resumed its sittings yesterday, 'mutant
to the adjournment from the last session. The commis-
sioners present at the opening of the court were the Right
Hun. the Lord Mayor, the Common Serjeant, Aldermen
Farncomb and Moon, Mr. Sheriff Cotterell, Mr. Sheriff
Swift, the Undersheriffs, Messrs. Millard and Hopwood,
ac., &c.
The Ant edition of the calendar contains the names of
104 prisoners.

TSB POLICE COURTS.
GUILDHALL.

James Pope, 9, Shrubland Villas, Dalston, and Adolphe
Ilirsektekl, a watchmaker and jeweller, of some year.
standing, in Bishopegate-street, were committed for trial,
• -1;.,
Charged vntn eoPIItT, value ''
and the second with receiving the tante with a guilty know.
ledge. The evidence has already been given it our reports.
The bat mentioned defendant was admitted to bail.

THAMES.
John Baiky, 32 a corn porter, residing at 63, Devonshire-
street, St. George's-in-the-East: was charged with having
caused the death of Caroline Harris, a woman with wham
he cohabited, by striking her on the head with his fist.
Emma Baker, a needlewoman, residing at No. 44, Devon-
shire-street, saw the prisoner sad deceased go into their
house about half-past six on Saturday evening. Deceased,
who was crying, appeared to be much in liquor. After
they got in witness heard sounds just as of a blow and then
as of a fall shortly afterward. After the blow witness
heard a voi^c say " Take that," and adding " If any man
or woman interferes I'll serve them in the same way."
Witness subsequently saw tho woman Harris dead in the
house, when her eye was black. Did not see prisoner and
deceased quarrel before.
Prisoner—l struck her.

Mr. John S. Reigate, surgeon, examined the deceased,
and found several contusions on the head, which he opened,
and discovered corresponding marks on the brain, at the
base of which there was a quantity of blood, which ap-
peared to be the immediate cause of death. Such an effect
would be produced by a fall, by blows, or by the excitement
consequent on continued intoxication. When witness saw
the body the back of her head was against the wall and her
chin was resting on her chest.
Here the prisoner was completely overcome, and fainted
away, upon which
Mr. Yardley remanded the case until Wednesday, and
the prisoner was borne away from the dock insensible.

TALLOW.—Funuc SLina advertised for the week:
Friday, May 14th, 300 casks and 200 boxes of South Ameri-
can Tallow.

Nook this day Coate
Delivery last week
De. Irma let Jew
arrival last west
Do. from let Jane
Prise Y. C. Skis day per ewt 1
Do. Tows

26,603
11,138
90,743
973
394.8,94,90g4.374.