The Express.
London, England, 1846-12-14 00:00:00

WORCKSTE.IttiIIIItE.

REVIMENTATION OP THIS EASTERN DIVIRION.—SATUR-
DAY Ntonr.—The adjourned meeting of Capt. Rumlionee
friends, for the purpose of receiving the reply of the deputa-
tion appointed to wait upon the friends of Mr. Ilodgetta
Foley, the Liberal candidate, took place here to-day, but the
plans of the Conservatives seemed likely to be P tnnewhat
marred by the fAlowing missive which made its appearance
after I had despatched my communication last night. It
bears date

Priory, Dudley, Dec. 1, IBM.
Sir,—ln consequence of a communication received from London
this morning, I hasten to intimate that you will gr.:di% b 7
withholding your support from Mr. Foley in the approaching cloches
for. East Woreestei shire. There arc reasons for brlieving.that an-
other candidate highly acceptable to the county, will yet solicit the
auffragivi of the clectors.—l am, dear air, your very obedient servant,
RiCISSIW 811.11.
The writer is the confidential agent and man of business of
Lord Ward, and it is understood that a plentiful number of
this document has been distributed amongst the "free and
independent " tenants at will on his lordship's very large
estate in the county. It is believed that the Right Hon. W.
Gladstone' a near relative of the Lord Lieutenant of the
county, lend Ls ttelton, is the other candidate referred to
but up to this moment the electors have not been favoured
with any more definite announcement than the shove.
At the meeting which took place at the Star Hotel
here today, it was, however, positively declared
that Mr. Gladstone would not come forward en
this occasion. With reference to Mr. Foley, the
deputation reported that they had an interview with that
gentleman at the residence of W. B. Collis, Esq ' at Stour-
bridge last night, and that after some hours had been spent in
negotiating matters, Mr. Foley finally consented to retire
from the present contest, the leading conservatives under-
taking to ensure his return at the next general election.
Capt. Rushout will therefore, by this arrangement, walk
over the course. It is clear, however, that his party felt
they could not maintain their present position in the county,
or tit.), bad never given a pledge to secure the return of
a liberal in fuluro, for the sake of the very temporary
triumph they have now achieved.
NOTTINGHAMSHIRE.
PEGPL.IeS COLLEGE, NO/TINGEA W.—A meeting of the
donors and subscribers tothe People's College was held early
in the last week, when the first report of the directors was reed
and adopted. The report states that the building has pro-
gressed very satisfactorily, and that the college is now nearly
completed, presenting an erection creditable to the architect,
and ornamental to the town. That the land and building
have been conveyed to ten trustees for the benefit of the
working classes of Nottingham and the neighbourhood ; that
the donations and subscriptions paid into the bank up to the
present time amount to 1,7031. 10e. 6d. ; of this sum 1,2001.
have been paid to the contractors, and that a futther pay-
ment will shortly have to be mde to them. That a consider-
able expense will also have to be incurred for furniture and
fitting up the lecture-room, for books, apparatus, &c. The
directors hope that the college will be opened by Midmost-
mcr next, and in the interim they will endeavour to secure
the services of a principal fully competent to undertake the
duties of him office.
DELAYING • Fueiraut.—" We ( Nottingham Jouroal)
much regret to state that an occurrence took place at tin
village of Sturton, near Retford, which has caused no little
stir in that neighbourhood. It appears that the remains of
a young woman were to have been interred in the afternoon
of Thursday week, but her friends being ten minutes behind
the time appointed, were greatly surprised on receivings
message from the Rev. St. George Kirke, the curate,: iit
being behind the time appointed he should not bury herths:
day, on the ground that he was going to Beekiughatts ts
dinner ; Lad that if they were not at church at the appointed
hour on the following day, he would not bury her stalk
The funeral wsa consequently put off, to the great inconve-
nience of the parties, until Friday. Perhaps this was the
only piece of occasional duty the rev. gent. had to perform
during the whole week, and yet he could not afford to wait
tan minutes!"
NORFOLK.
JOSEPH Hume, urea., M.P., has been named as o candi-
date for Norwich in conjunction with Mr. J. H. Gurney.
BERKSHI RE.
THE Reparaixerramog OP READING.—A requisition,
signed by about one hundred electors, having been sent to
Mr. Walter, of Bearwood, asking that gentleman to allow
himself to be put in nomination at the general election,
he has returned the folloinng
_reply
Gentlemen—l hare to adm&ge the receipt of your Satteriag
addrms, which you conclude by 111,111.111 i me of your cochleae,
in my character, as well as in my political and religious opinions,
and "pledging" yourself " to use your beet exertions to secure my
return to parliament, which you have no doubt will be eltected
an overwhelming melority." Such an address cannot fail of being
moat agreeable when received from my neighbours, as wet
as the observers of my past copied, in and out of parlhunent;
and you have my sincere thanks for this mark of your ---
Intimations of this kind have been frequently received by
always with satisfaction, from whatever quarter they came.
menet by perdu or fietions cely--eanneeted as I mil with r
of Reeding by proximity and lung sequaintaisee —but by
body of the people thatt should hope to be returned, if ever I
a candidate. After the disappointments which all parties
twined, since the parsing of the Reform Bill, 1 would • -
pickled as only attached to those views and MetiliSlN IP • %Dyson- '
experience ha.taught me are likely to be moo. emetistel •

&chiming;
•
edema
oy me, as
ne. But It
h the taws .
the mil
r I brews
'APE
::-AidlHL • •

fie% power was given to do many things. It we
not necess•ry to specify them, except that power was
distinctly given to carry roads tunler the railway. There
was nothing in the general act to contradict this. Was there
anything in the special act ? It was said the 31st clause did
so. But upon lo -king at it he was of opinion that the enact-
ing pert did not abridge that power. It provided that the
line shredi be prtserved. But there was no proposition to
thefts either vertically or laterally. Then why was
thesepewe eastferred by the general act not to hartopetion ? ?bore was nothing in the general or special which
reirieled titer compny from doing that which every
ese see knowledge to be an alteration for the public
boat lie was, therefore, of opinion that the company,
independently of the agreement, Lad the power in question.
All te the agreement, it was really an agreement to refer
the amount of lore and damage to arbitration. lie referred
to the Act of PaZBUSEDt, the plaintiff meet be taken
to have been acquainted with its provisions, especially as in
this else his attention was drawn to it ; and if he thought fit
to enter into the agreement without referring to the powers
not
by it to the company, he must be bound by it. Look-
ing at the agreement, he was of opinion t there was
nothing in it which could tend to diminish the` power of the
company under the act. Indeed, he was not clear, though
the point was nut argued, that a company having such
powers given to them, mainly for the public good, bad a
right to contract itself out of those powers with any indi.
yidual whatever. But he was of opinion that, upon the
construction of the agreement, the defendant. had rat done
that. On the grounds that the law entitled the company to
do that which they now propose.d., and that the agreement
did not bar them from exercising the powers which the
legislature bad given to them, be must dissolve the in-
junction.

f; and on this account 1 iambi baba le th=isill vath
ease em Or eddiedi Of pedlZllllll4l WWI 11,111111 bee
tailsere. toe this idea I deed Odd die dermallin
sp M ad
.sae ibbis MU Ime thee deled eded= et mbield•••• la my
da ider did addele sedet, sum old. la the emeneetem
emeddlikas via deleme respeseddeed
et deadlem
-; Odd mesh deadly of malded e be bribe gar.
needy. Oa the seljed d de ammple. mde
assimmues ef reviews doe bid abbe' Om dews le did Is
bywimailp. Wbeledde dee ihr ha Iliad Owe ;It
Illio Is am bi del eiderdh sr wend sidedbaq Ilmal bad
we isa eet Shedd did be odd eased cam we-
' ----ss e leidi see eedired a sinsell idriald
arch.wily te ime-the aisilsMOD ist fur Pee.
i tog ens ime awe Ihr Oft
1 Wet Her esq de uses, did red Iddidea=
tamelfr And yet. le my emm dye year empeldtles hes lissa
• Mid km bed pat and km emeded the did.
P•=3lo doebo,arldsh. N I dee te selmells"heed
_.............be Ideedowly le essedadellhe pieumed heady did lbe
of • mud do did is disk I hid weer shade
C7--rarmest attasimeh ,a mdseIs de piper le wide I
alltadee, the wedeadokel = it
deemed tistbT—weds Id* deem la le dr=
el Ode, it de maddimme Ida pads dried
leaudien te the ward it =1:1
Ith amide et demdrte whisk tbe d
lipid Is thmsweLdek aid asided leddre did we ma eve
, are lo folsol".• la the UMW dead de ims did M-
AIO lile seeammie det lewd appd %idwild a or
mid the Odd ailed add dime ;le le ray per
*a dike pal& Inds le mey irdluda sr oast
wpm mediedslie a dr Pedidat hid V .
_• a
alid thee be
win me Ws dame saes pmeiree the d Chetah
Ildied ad bid Into he biesre, kmi eideledel•
th sehmenee d this peper,l rosy he- deed te my that
meet seartirl° toyed. if aermsery, le di the few
immesh& of war somildel• la elsmilt ned
date; sal va use lay Matra alidatestaa te primme do mad
Mee* it deled ddidd
ad Odds is ND fuessifts"--egolasogy list Ili
7 Vraiserre Mt We et NV etiass may be here.
se Id peelleedt Wee I led Imeesallogd dee imelfea
= 1:0.4 aasei
111 mit sledge layme. ere is Mt may
led II 111 lresdead ad tad- leld lo me se the
wataddll red didlelif sedided edam If I sedi a
the 1
ed la d Deem
mere
dellem tide QOM fult O_P be dm what I
ewed la Med Chemerber I mes aid dads de Yet ad
de- llow. tbevalt lam net apt le dad =yr= floe
de der de el de wild bet either dna the of tbe
Bend ease
rt..l odd bat Oda It week observation that
emmka if tbil red= Chedld, having bses=, to the
deeds el a Illd a bad promised sad We votes, an
owed -.-W---ee. Wool_ Idled dieted. ad led maid the bode.
be was de-diwil bleddol"a Id eat le odd ad Ws slides set
dim I williSesli, ilmumbereme le die the Hems Sr Oata-
ads ender wdrdedithey dt did der sight at sit They
need di me Is dem demi' idedemedly beektie ellen We
cad la mend emmdall• ef de beam I ispreime "did to
the semi east es der beedda at abledds, le isd. Swift thus
declared my lesemsam, ad re needs ea did I hem amid tt, I
leave this paid diddld• be fere whm welds it dr vel thod to
whom I eikees O. I vaned ge.iato Perthunent at all it
Ido oat dem be endmided. la thattree condition I will do
the bed Ima hr sr/wiry as large.-. 1 have the honour to remain,
dielemes, par MOM mred, I. Wimne.
beerwood, Desidier, 1110.
-------
TUE Citawaitl. ISIANOIL-GOVIIINXIST WORIL-The
Guernsey Star of Wednesday says:-At a special meeting of
the memb of the Royal Court, held yesterday, the ff
communicaters ed the result of his recent mission to Londoßaili n.
From what has transpired we have reason to believe that, in
an interview which the Bailiff had with the Board of Ad-
miralty, he was given to understand that although her
Majesty's Government contemplate the construcuon of
certain works in this island, the execution of those
works will not be entered on till after the commencement
of other works which are projected for Alderney and Jersey.
The Bailiff was likewise informed, at the Home-ofliee, that
the evidence taken by the commissioners in Jersey and
Guernsey was being printed, and that those learned gentle-
men were busily engaged in drawing rep their report. We
believe NV 0 may add, that the Bailiff received the impression
that extensive changes are to be introduced in Jersey, but
that, in Guerneey, the alterations contemplated will be
limited and of minor importance.
--.--------•"'•

Before the Vice-Chancellor of England.
Insots v. FEATAEKSTONIIACOII.—TbiII suit Of
insti-
tuted by the plaintiff, a farmer, for the purpose of setting
aside an &alignment of certain property made to the defend-
ant by way of security for endow; sums of m
defenaant oney lent to the
plaintiff upon bills of exchange which the had dis-
counted. The arguments in the case were not concluded at
1 the rising of the court.

Wore rteectianceltor W*TAM
DUNCOHBE V. LIVI.—THE CIECUYSTANCE THAT •
QUESTION OF LAW IS MIXED ye WITH THE OF
scr, is NOT A GROUND FOR REFUSING TOQUESTION DIRECT AN
ISSI:11 AS TO THE QUESTION OF Fact.—This case, a report
of which appeared in this journal in November last, was
again set
down to be heard upon the minutes. It will be re-
membered that the suit was instituted by Mr. T. S. Buncombe
against one Lawrence Levy and several other defendants, all 1
crediton of the plaintiff and patties to a letter of lionise dated
in August, 1843. By that letter certain property woo oinfsimed
by the plaintiff to secure to the defendants the repayment el
the debts owing to them, which were mentioned in the
letter ; and amongst which was included a debt of 1,1601. due
to Levy upon a judgment recovered by him in February,
1843. In toys radon of this assignment, and of the due
payment of interest on
the debts by the plaintiff, the de-
fendants covenanted not to sue or proceed against the plain-
tiff, or his goods, in respect of the debts mentioned in the
letter; and it was provided that any one of the creditors
therein named, who should act in contravention to his eons-
unit, by proceeding against the plaintiff, should forfeit al
right to any benefit under the letter, and that the letter
might thereupon be pleaded in her as a release of the debt.
Since the date of the letter, executica had been levied, at
the instance of Levy, upon the judgment of February,
1843, at Mr. Duncombe's chambers; and the bill WM
therefore filed to enforce the provisions of the
letter of license, and to have it declared that Levy, by CO®'
mining a breech of his covenant, bad forfeited all right is
' the debt in question. Levy, by his answer, stated that be
bad instructed his attorney to proceed upon a judgment ob-
tained against the plaintiff, in August, 1843, which was net
mentioned in the letter of license ; and that the attorney, b 7
mistake, had obtained a warrant upon the judgment al
February. The evidence as to the mistake being contradie-
tory, his Honour, at the hearing, had directed three issue* itt I
be taken to the Court of Exchequer: the first issue to try the
nition of fact, whether the instructions given by Levy to
lie attorney related to the judgment of Feb., or to that of
Aug., 1843 ; and the second and third issues to try whether
Levy, since the execution of the letter of license, had taken
any proceeding for the recovery of his debt therein named,
contrary to the true intent and meaning of the letter.
Minutes of the decree, containing issues to the effect above-
mentioned, having been delivered out by the Registrar,
Mr. Bacon, for the plaintiff, suggested that the two last
issues should be struck out, as they raised no question of fact
which was not raised in the first issue. They were also ob-
jectionable as involving a question of law as well as a ques-
tion of fact —Mr. Romilly and Mr. Bouthg•te contra.
His Honour observed that although it might be objection-
able to direct issues in which questions of law were mixed up
with questions of fact, the court would not on that ground
alone refuse to direct the issues. The thing had been done
over and over again, and the issues therefore should stand as
delivered.

UNIVERSITY AND CLERICAL NEWS.
Deanau.—Atoiasireer ad awadem.—Ben. F. A. Sterky, J[ A.,
Christ Church, Ozford ; J. A. L. Airey 8.A., Pembroke • and H. B.
8.A., Corms ctirimi, Cam The Profeeior of Greek
it'deureLlunior Proctor have been appointed Emminers in Theology,
vim the Revs. C. A. Heurtley sad IL J. Rose, B.D. C. J. Yordaw,
of Bishop Hatfield's Hall, has become . student in arts.
Oanugartmos To sa Rau. os sorwar wager, Dec. 20.—8 y the
Bishops of London, Winchester, Bath and Wells, Chichester, Ely,
Exeter, Olouceeter, Briatol,_ Hereford, Lidglad, Linooln, Oxford,
Salisbury, St. David's, ana Woreetiter.
Sr. As wow's., Dec. 11.—A vacancy has takes placeof in the chair
Duncan.
of
Natural Philosophy in this liniversiq, by the death Dr.
The presentation is held by the college, and of amend candidate.
already in the field, the roost likely is the Rev. James Madarea, Rec-
tor of the Dundee seminaries.
Pen sars.—Rev. D. Adams, to be Dean Band of Witney, dio.
Oxford ; Rev. M. ADM* to be a Surrogate, din. Oxford; Bee. F.
Cm der, to be.
Head Master of Chesterfield Grammer School, Derby-
shire; Rev. W. Chamberlain, to St. John P. C., Little Bolton, Lanca-
shire ; Rev. R. Oroy, to an Hoe. Canonr, Durham Cathedral; Rev.
F. Hell, to Ste,Thm Chapel, Bath; Rev. J. Hazel, of Nettiebed, to
be a Surrogate. olio. Oxford ; Rev. T. Lowe, to be Chaplain of Oldham
IYorkhou e ; Rev. E. Luard, to Winteralow P., Wilts-7811.; Rev.
Percival, totha temporary charge of Kirk Bradden, bee of Man ; Rev.
W. B. St
red
to be- aiditiotuil Curate of Sutton.tn-Anhfield ; Rev. R.
Walker, to be a Surrogate, din. Oxford ; Rev. E. Woodland, to St.
Lawreree R., w St. John's 8., Southampton-14M.; Rev. H. Wright,
to Thuxton R., N.sfolk, 2111.
VAUANCISS.-Zbeilte? Castle, Chaplaincy of, 2001., by dia. of the
Be'. W. G.. Eaton : application to G. Johnson, Em., Chester;
Celne.Wske C. Bum dim Rochester : by death of Rev. O. Sims.
Gleedield R., Leicemershire, dies Peterborough, al Sl., with residence ; 1
pat. C. Winstuiley, Erg., by deaths e IteL G. Wiostaaley ; Grim-
stone R. Norfolk, rho. liiewsriCh. with residence, pat. Queen's
Coll., Cambridge, by death of the Bev. O. Barnes; Beacham C., dio.
Norwich, by promotion of the Rev. H. Wright ; Mims Bridge P.C.,
Yorkshire, dio. Ripon, 1308., with residence. p'l.
V. of Abnonabury,
by promotiou of the Be'. Z. Woodland ; Maltby-le-Marsh B. Lin-
colnshire, din. Lineoht, 25111., with residence, by death of the ltev. J.
Fisher; Smyth, C.,
Monmouthshire,
Lincoln. by Malaise of the Rev. K. Lusrd i
Shire-Newton R., Monmouthehho, din. Lleadaff, 304 f., pat. the Lord
Chance lm, by death of the Rev. J. Davis; a Chaplaincy to Railway
labourers, 1501. for two years, application to ;Archdeaoon Buckle,
Doreheerer.
—....-.—....,

NAVAL.
v, Dec. 12.—T0 the VeNgeones, O. M.P. Molotworth,
;W. IL Wynne, naval cadet. To the WilJiast and Mary,
lieutenant. To the Geyser r J. A. Counter, lieutenant.
Marine, 11. F. May, naval cadet. To the Queen, W. Dawson,
-valet. To the Viidictics, C. F. R. Boxer, naval cadet.
',WITS() Branon.—Fisgard, 42, Capt. Lhintse, was in Paget's
ass of Ma-
Oregon territory. n Ist July, with not a MD&
i board. It was expected that she would return to Ban Bias in
ialparsiso in April, and England in July. Makers, 16, Capt.
.c, was with Rivard; Corn. Watkins had not Joined her tome.
Capt. Baillie, on promotion. Capt. Baillte took a trip semi to
Columbia river, sod sent home his despatches by way ol Panama.
st..eloop, Capt Gordon, had arrived at Vanoouver's
days previously.

Before Vice-Char rellor Knight BM&
GIBBS 0. WATEIta.—LIABILITY or Tareveze.--Stephen
Waters, by his will, devised certain real estates to his son
Thomas, charged with a sum of 2,0001. in favour of his
daughter Elizabeth, one half of which was to be paid her at
the age of twenty-sine, and the other half at the age of
twenty-five. The testator died in 1819.
billOn the 24th
January, 1820, as alleged by the , a settle-
ment was made in contemplation of the marriage
of Elisabeth Water. with Thomas, John Gibbs, by which
and
settlement the 2,0001. was assigned to Benjamin Waters
Thomas King upon trust for the intended husband and wife
for their respective lives, and place for the children of the
marriage. The marriage took on the lst of February,
1820, Elizabeth Waters being then under twenty-one years
of age. Some time after the marriage Thomas Waters paid
part of the 2,0001. into the hands of Gibbs, and after the
death of Thomas Waters, his executor White paid the re-
-minder to Gibbs, under an impression that there was no
'lenient, and that Gibbs was entitled to it abeolutely.
129 Gibbs became a bankrupt; and in 1832 he died,
his wife and several children surviving him. The
filed by the infant children of Mr. and Mrs. Gibbs
Benjamin Waters and King, the trustees, and
.ist White and Mrs. Gibbs, for the purpose of eats-
Asking the existence of the settlement, which a
trustees toppeared to
have been lest, and of compelling the
make goad the 2,0001., which it was their duty
to have called in from Thomas Waters, and invested in the
trusts of the settlement. Mr. ell and Mr. Wilcock I
appeared for the plaintiffs. Mr Wigram, Mr. Renshaw,l
and Mr. F. T. White for the defendants.
His Honour said that the first question was whether the
alleged settlement was proved and he was of opinion thea,l
by secondary evidence, of a sufficient and satisfactory nature.'
admissible according to the rules se to the admissibility of
evidence, a settlement of the fund in question appearedthis to
have been made previously to, and in contemplation of,
lady's marriage, and had been executed by herself, her hus-
band, and the trustees. That being so, the infant plaintiffs
acquired an interest in the 2,0001., subject to any interest
that their mother might take under the settlement ; and if
the trustees bad conducted themselves with o
rdinary
have
gence and activity, it was plain that the 2,0001. might
been recovered. It was the duty of the court, under these
circumstances, to declare the trustees liable to replace this
as sum, far as the infant plaintiff we
s re concerned, without
prejudice, however, to any question between them and
the estate of Thomas Water..

iesving
bill was

SPORTING.
LYTHAM CHAMPON URS MEETING.
meeting commenced I
on WedCOnesdaylN O ;
and, after two days'
unesampled for variety and quantity, terminated on flues-
evening, the (root having rendered a diviAion of the stakes India-
- The following is an outline of the results :
Curroir Cr c, SS dogs, was divided between Mr. Craven's
, Mr. Temple's Topsail, Mr. Swapoon's Clown Mr. A. Ora-
Conciliation, Mr. O'Grady's Oliver Twist, and Mr. Craven's

Cur, 32 dogs, wan divided between Mr. E. G. Hanby's
Sir T. Heeketh's Hope, Mr. RCA/4118011'S Blanche, end Mr.
Handy.
NAM Cur, 32 dogs, was divided between Mr. Ball's Breese. Mr.
;Taylor's Blue, Mr. Gardner's Once Darling, and Mr. Jebb's Mis-
took
Pinion 87/MU, 24 dogs, were divided between Mr. Wanklyn'e
suty, Mr. A. Oam's sir Edward, Mr. James's Dressmaker, Mr.
G. Hornby's Rill Coolie, Mr. Smith's Topper, and Mr. Bake's
lame.
NEWMARKET CHAMPION COURSING MEETING. —Nsw-
KWISIer, BAWLS/AT.
.0 bones of a thaw having been buried by _another fall of snow
morning, the stakes were necessarily divided between the dogs
the ties of Thursday.
BETTING AT MANCIABSTER.—FIUDAY.
were not more than ball a doses speculators prevent to-day,
a bet made. Bto I was offered on the field for the Derby, and
in small sums on the geld for the Cheater Cup.

COURT OF EXCHEQUER.
Mulatto Banco.
The court sat to-day, pursuant to notice, for the sole purpose
of giving judgment in many eases which stood over for
consideration. After a delay, however, of nearly two hours,
Mr. Baron Parke, accompanied by Barons Alderson and
ILab) intetitgence. Platt, took his seat a few minutes before twelve o'clock,
and having stated that, in consequence of lir. Baron Rolfe 's
EQUITY COURTS.—SATURDAY. prolonged absence on the winter circuit, many of the eases
Before the Master of the Rolle. must necessarily stand over till next term, the judgment of
INTO:4 T. NORTH WRSTERN RAILWAY COMPANY.-- the court was slivered in the two following cases only
&lire
ICTION TO RRSTRAIN THE COMPANY PROM LOWERING GRAHAME. SANDINSLLL—CONSTRDCTION OP IAN D 2 Vie.,
JAD, piissatven.—Mr. Turner retied ill this case, c. 110.—POWEIL OP C VRY•TO RETIIINT THE ORDER OP •
aich was remedied in this journal on uesday last. The SINGLE JUDGE.—Mr. Parke stated that this casecame
plaintiff was Os owner of • field adjoining a public road, and before the court last ein a motion to discharge an order
la the plass and sections deposited by the company it which had been in by Mr. Justice Brie, under the sta-
ves proposed to vary the railway from the plaintiff's field tute 1 and 2ic., c. 110, whereby the plaintiff had
Tom Me road on a level, and the special act (rent Valley obtained leave to issue a writ of espies against the
Sway Act) gave them power to do so. By the agreement defendant, on the ground of his alleged intention
/inch the eumpany entered into with the plaintiff they to ijuit the country. That order was first brought under the
agreed to purchase what they required of his land at • price notice of Mr. Baron Platt, but that learned judge having
to be settled by arbitration, and it was stated that the rail- declined to interfere, this application was made, and it was
way was to be constructed according to the deposited plans. contended in opposition to it, that the decision of the judge
Subeequently to this agreement the company at the request was without appeal to the court. We are, however, all of
'f the inhabitants is the neighbourhood determined to lower opinion that that is not so, and that if it should appear to us
i road, and to carry the railway overppitt,
it, and commenced that the order proceeded erroneously in the first instance,
works for that purpose. The plaintiff, conc that the couft has the power to review it. In this case the plain-
...ie company had no power to do this, and thawing
ait was a tiff obtained the order on an affidavit setting forth that there
breach of their agreement with him, obtained an ex pared had appeared in the papers an advertisement citing the
injunction to restrain them, which the company now:moved defendant to appear in Smyrna, in the Court of Bankruptcy
s dissolve. there, within seventy days ; and the plaintiff proceeded to
The Master of the Rolls, in giving ju4ment, said there swear to his belief on that ground that the defendant tans
..e two distinct questions to be consider. The first was about to quit England. We think that the order thereon
, powers were given by the legislature to the company, was erroneous, because the seventy days had expired at the
the second related to the effect of the agreement with date of the application to 111 r. Justice Erie, whose attention
plaintiff. In all cases of this kind it was the duty of was doubtless not drawn to that fact. Under these einem.
every court of justice, whilst on the one hand it took care stances we think the order ought to be set adds, andthat the
that the company did not exercise a greater power over the defendant should be diecharged from custody.—RUM
property of a private individual than was conferred by the absolute.
I%...ulature, on the other hand to take care that the company DANIELS V. FIELD.—CONSTRVCTION OF I AND 2 Vic. c.
was not impeded in the exercise of the powers the legislature 110.—PLEADING.—Mr. Baron Alderson delivered judgMent
intended to cooler on them. There was some times great in this case, which was a motion to arrest the jud ament in
difficulty in adjudicating in cases of this kind. And the court an action of trespass for assault and false imprisonment, and
ntut be more than ordimudy eigilantto prevent the property of in which the jury had found a verdict for the plaintiff. me
individuals from being encroached upon without out only. declaration alleged that the defendant had falsely procured
When the application was made for the injunction, he was the plaintiff to be arrested on a espies issued on an order of
niuch struck with it. It was the first case in which coal- a learned judge, under the provisions of the 1 and 2 Vie.
plaint had been made to him, that a railway company hay- c. 110, and the question was, whether a sufficient ground et
tag power to snake roads cross the railway on a level, were action was disclosed on the face of the declaration, which
exercising their powers to make a common road pass under set forth that the order which had been obtained by the
the railway. No one could have attended to this suldect, defendant had been afterwards set aside, and the plaintiff
without acknowleding that the public had an interest in discharged front custody ; and it was argued that the fade
preventing a railway from crossing a public road on a level, of such discharge of the plaintiff and reversal of the order,
But the pitiff said he did not come here for the public, were eufilcieat to entitle the plaintiff to bring his action.
but to protect his private rights. And he had a right to No doubt, before the statute of Victoria, the law relating to
rlief, tiptoe authority, to carry on the works complained actions of this character rested
own motion
different grounds.
of, was given to the company by the acts of parliament. In Then, a party might of his own motion cause the arrest of
May,1845, the Railway Clauses Consolidation Act waspueed, another by an affidavit of debt, but new he cannot do
't gave to railway companies, powers in mote respects, so except by the consent of and intervention of a judge, who
:carrying out the real intention of the legislature without is to exercise his disci etion as to the sufficiency of the grounds
the expense of an application to parliament for that purpose. disclosed by theparty seeking to imprison& debtor by means of
Many thitgz which used to be inserted in particular sets an orderfor a capias. We are of opinionthat themerefactatha
were determined by parliament to be things which comps- an order so obtained has been set aside, and that the plaintiff
Ines might do without resorting to parliament. One of the has been discharged from custody, me not of themselves
powers inserted in particular acts was that of lateral devia- sufficient poled of action for trapeze, for assault, and impri.
non : another was that of vertical deviation. These were sonment without reasonable or probable cause, but that the
not now inserted in particular sets ; because they were ex- right of action must depend on the question whether the
pressly provided for by the general act in question. Powers defendant, in obtaining that order, falsely and ftssudulently
\
were also given to make works of a muticular kind. Some imposed upon the judge by making a wilful miarepresent
et these works were specified in the sixteenth clause, by tion of facts, so as to induce him to comply with the appliea-
which, subject to the provisions in the general and special tion. If, however; the original order was fairly obtained,

•
t
. .
---
eeestri ;
soy Me I
allibliell
a serelle
011 f SO
0111111111011
WO Om
timed i
sieerm
by sa a
wlsc2
lea'
I an I
Want
tbs• I
=ran
Poltdril
IBM el
It
_.......i1e tem
i &We
Mode
dame
of law
el Wei
Ida a
t i colltw
we Mt
oho II
MAW
UM CI
papa
will I
of I
1 I With
I IBC
i
Illi deem
►
!late;
1:1•21
affil
-I—
>o.
NOM
ONO
PIM
ailla.
the
Beth
a as
boa
cab
mid
me
mem
tee
the
dad
. i lest
wte
I I de
the
Ps
le
1
GII
the
coi
11 1 Fr
, an
I
nii
Mi
I ' cot
we
,
of
TI
to
6
re
be
to
th
lb
i '
a
lb
le
1 .1
el
i
I
P
: I II
h
b
I
ii
li 1 •
! f
(
•

Up-way, pixel'
I 1.
Arm:rums
vaid:hipinan :
11 1 1 G. F. Fowler,
To the Maine
naval cadet.
' Tun PACITI
Bound, Orellft
nem on board
Feb., Vslpara
Halle, was a
need Capt. Si
the Columbia
Cormorant,
bland a few
li I.V
Tins meet
metraing, uni
i 1 day e
ver
reusable. l'
1 GILZAT CI.
Canino, Mr.
ham's Cenci
Carina.
.11
. TALBOT C
' Heresy, Sir
coupe i HAI
LTIVAII ,
E. Taylor's
tabet.
' I 1 VIETNAM,
i ' Beauty. Mr
i E. G. Hon
. I
Birdlime.
NEWMd
. ,
Our hop
We morn'
11 left in in tl
There w
end not a I
30 to 1 in 1
. 1
. .
iBREY
INJUNC'
A ROA'
which v
ii ' 1 plaintiff
i /
' ~, in the
was pro•
1 i across tl
Railwat
which
• aimed l
to be j
.
, way wi
Subeeri
of the i
the
t/ 1 t •
' 11.1
11
ththeeirovt
breach
injunci
I
to din,
The
were t
what
i 1..' I and tb
f '
/ the pl
every
t that tl
1,, . •
rgze,
..
war a
i • iatew
f
1
11 1111 11, Italie'
cwt
nidiv
Whe
utucb
Plain
tag i
exert
0 i the 1
with
•
i ! , rit
"
\ i)I but
relit
of, t
Nat
it 1
• of c
/ the
11 llia
.
t 1 1 I (.
i wet
tie
po'
! • tio
WO
PI
W
W
ii