The Express.
London, England, 1847-05-24 00:00:00

lora Imo. at a uslisti mart may, shell la Mae be lord wish
olorreol part istimVimeag Is emit veZiliza llee d dr daily
mar dad latt: IN% am= la 01l 181*.i.-
trhztho Oilowlog els : et Wirt aria
meet Of ARNOW, feelle, Has Mee. Malt Mk
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els., Ilk of orroned oral% ee ilb. d deo la
telt7Crorter tirril prate, to era of the ripe tad verde ow troy
dm be Wag for say ado *Pr dollum.
RCM MAWS CADMIND—Tbe Bed of Arida& hoe award do
erkteklp for the Ho* Morro Corps ea dr fillterled =at
dorm who are IWO. kr IHMANialla IS beard dr
W. Wawa, ow et retired Cematerier Thilimally Mr. Oil. ea Of
Orris noose am It.N. ; Mr. Reed, am der We LootANltael
hemthe Sloe Roote6vre, ra of Olooda Ildterd
leerrodweerer al Lute. •3 Mr. Mazy, eon olliivet Mary,
SK, art leather Of the lets Lieut. 11007, of dr Nord llirlar
per,idle wee relintolly Idiot a ter we dery at Pertain& ;
OM M. Kee, art 4 Lloot IL N. Kelly, DOW in the rag good

The HAMM= Torero re thazery far "Cap
Md., we racsecove tain do Dal.
ler Willem sad Min ly to 1111 do
rastans now held by err Wm. Syria& awl John Mlys, Ma., mad
will curry on the dudes of Ilarverr sad Oaerreilsr of the dry."
Idid MUT, Nor 2.2.-4Medede. MS, Capt. M. H. filausiiail
Queen,llo, Care, BO H. J. Lora watt eat terbeme Yeah*
on the
to al the Mr . sad awah ran. The Muer,
....a, will to add raps ea di 'db.—Geyser, et, pis. Talsrant,
arrived fro Parirele ea the Mat, with, ares rimed tar &wry
at that yiete, pert of wham wee demberled bete. MA is riled
for Parra* with the readadertheeme
oom O. Wider% has bra Okra Ire ask tole swares
Mr. Oar. harm this dodder, hes
wirer dip MON& vise Weir, at
rook. ale The /Wray lase erred Cr lamp shell bo rode
on re Brastra groarriot ter the re at the dee la whir the
Masts Onslioadoa wee rsealrel.
Onkel wee esadved ea the flat heat the Admiralty kr the Wade
of the kelryani brad+ hi be Mir three dare a week as bag as
as
the 'Jar will admitord aidtreel mart of drill sedpers la
76114 um Wire. IMO Ord of sore bra Wan.
. cat term the lore re el
WWI N.H. Ode
llorper le fitting r • borer, he
WOOLWKIL NOT did Sled Atieintey steer tseht, Master
rocantander S. B. Oak, erred this reiaa, with the Archduke
Ocostantine of Rased, the pardeelas at abuse delorkallea we men-
timed m satarday. 'fie AedM. Maiat later-
dam, about 12 o'er* at arm, ralsrday, sad the Mod De. lett •
few Wares allawarda rehire re way tr ea. do mei le the
Mare Ile wader ea the row wee tilmela gad dli Plbt
made the Meth Irenised berm ere sad for edge thls morn-
ta.e. ins imperial lialmor, wits Is dumbed IS 1 yea* of
about 19 very* of see, esnamseil oddly with all op bard. awl ar-
ambled every Orr la tie seer serehly. the Ore earlin,
Mr. Oak, hr. Alba, sal Mr. arderessehe. be ressrell hisaleere
phi beret, Oa, set air arershile rd MINION ore heartburn.'
:anrCMr ere. be hilt re mar WM Per =Vela
blame were Yearkered this evealo& at arr.
Darer stoke, Ye bra Odra Ms re Warr owl tar-
t ber rot. • brollid din dower, _asses& Ihe Orem at 630
toes wad IN hose pow, bent sad Mal thandliwal by 01.1=018k
J. Rani% erred at Vals yard on ihareley raft : r. Is a whit
owlet sot r rim se she has tars la a etadd.....st al WTI
I to berg lox low le a sloe U.., de OM
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ea experleasrat add. Driver 111..da161
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deer
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=bardieloy warble asaherlip with a thaw sire sera ar
et has arty hirty be drag,

MILITARY.
ROTA L AMNAL, Wootwica.—• volunteer Meal., ahollar to
that leash ashes to met se oar dockyards, is le be fame bs tae
i1.71d Axonal, at Wootwhi. Niers wan readonl M Itateray by
tbs maraireard Satan fre bryd artalkry, to format to an Mootir
Comma tat theeanamo amoo al all wird@ dlioloopi by
Ina wt. ara amploot io to
cake Ilkot a=3'4l= at bar to aot so OM NJ of
doe loyal
w®
voloolor tottalho. Mko aiknosoo to nth Era
wM to two Mew awl Itorpont Mao voldt wall at
gouty, ant so alloware at U. yr ammo Yr wiry Imokod
staad dams they lams mks flak riss • sea& mese of tin
Royal A la oleo tolioSallait of lbo Walks. who
arm to Nedra at lot new Ti par ink
w ith quutaaa OM tad) fa the Assiva, oilltloo to Oa
bounty of Ilk. kr as 'WOO Oa al awoomioismoil tams
who are onamtad to tho mac of liaMmot or arap. Blau oil Uri
tbis yalltabi=olootwilbsoodetudaalkOtastMajorMboo
of the Sth

MEDICAL.
ROYAL Onion ae 1000LIONL--710
di at
bootee
undergoes the nonieery wealniefeso for the di at the cargo,
were eltaltled mombere a the Sig Mot.: eras. Z. P.
etonestairs, Kent; W. R. Breen leak ; H. Theme, Tore ei,l:
Bentley, Ritchie; J. V. O'Liallel. tie..... W. Slack Liverpool; A.
domed Dallis ; G. A. W Weerieenth; W. B.
, Demon, Market Deeping ;J. Wad, A -7. ted IL N. Brow,
1 'helms.

lab) Enttlltatrat.
.
EQUITY COURTS.
Before the Lord Claseornor.
Freeze C. Freeze.—EVIDENCE OP A DO-PLAINTITP IN-
ADMISSIBLE.—This was an appeal motion for leave to
examine a party whose name was on the record as plaintiff.
He had filed a bill against the defendant, his brother, for en
amount of certain monies received by the latter. The plain-
tiff afterwards became insolvent, and all his property end
interest in the subject matter of the suit passed to his
aisiees. They filed a supplemental bill against the de-
fendant, and applied to Vice •Chencellor Wigram for an order
to examine the insolvent as a witness in the cause. The
IVice-Chaticellor refused to make such order, es being opposed
to some eases, as " Ewer v. Atkinene (2 Con) and " Hewat-
on v. Tookey" (2 Dickens), which had for many years regu-
lated the practice of the court in this raped, hitt he sug-
gested to the parties to apply to the Lord Chancellor.
Mr. J. Russell and Mr. Sidney Smith were now heed in
support of the application. They submitted that, as by the
late insolvent act (7 and 8 Vim.), all the insolvent's able
and interest passed to his &aliases, and as, therelbensige
could have no interest in the result of the snit, our an Id&
Goy even to the costa—his assignees being in lii
place for all purposes—he might be p Wonallii ge g
witness for the assignees. If even any interelligill melee"
in him, he might, notwithstanding, be ikamile4 Ibe tiger
ties beim i according to Lord Densaan's acct le Itia deal sal
not to his admissibility. They the sane et
" Ewer e. Atkinson" from the pews; the anew*
of the report of " Hewatson v. Twain" and referred to
"Edwards r. Goodwin" (10 Simene), as showing that It
was on the ground of his fattiest only that a collated,
was held inadmissible as a dimes. They also referred to
" Mayor, &e., of Colchester r. —," and to other cases in
Peen Williams's reports.
The Lord Chancellor, without hearing the counsel on the
other side, said that what he had to consider was the pile-
ciple on which a co-plaintiff was, according to the uniform
practice of this court, held int Imiasible as a witness for the
other plaintiffs. Lord Denman's act had nothing to do with
this question, as the objection here was not on the ground of
interest, but because the party was still a plaintiff on the
record. His lordship's opinion as to the rule, having existed
for many '
.years was not altered by what he had heard on
this occasion. The practice had existed at lied sines 1785,
when an order made by Lord Kenyon, as Master of the
Rolls, to permit a plaintiff to be examined, was revered by
Lord Thurlow, in the case referred to in 2 Disking, whom
reports of cases of practice had not been impeached. There
was no case since, in which what was now asked had been
granted. The obvious course would have been to apply to
strike out from the record the name of this plaintiff, and then
to examine him; but as long as his name remained, he could
not be examined for the assignees. His lordship refuted the
motion, and with costs, because he found that he was asked
to alter a practice which had existed for sixty _years or more.
B
COPE C. RUSSELL. SCHATICUTION OF ERVICI.—ME
Swift moved fee an order to substitute service of process
from this court on the attorney of a defendant, who had
pee out of the jurisdiction. It appeared from en affidavit
whisk he read in support of his mouon' that this attoroey
bid deductedmotion,
a defence to an action at law for the absent
peaty, that judgment had been obtained in the action by the
present plaintiff, and the object of the suit in this court was
leatablish it as a charge on the party's real estates. He'
anliditted, therefore, that the attorney, on whom be asked
have to substitute the service, was the party's attorney " in
Itite matter of this suit." He cited " Murray e. Vipart "
(1 Phillips, 621).
The Lord Chincellor said he could not make the order for
enholitating service on a party who did not appear to have
ley ceenexion with the snit. The matter in which he had
I been the defendant's attorney was an action at law which
appeared to have been terminated. To support this applica-
tion, there should be evidence of a subsisting wucy. _ 1
Newrom C. JONES AND ANOTHER.—Mr. Wood and Mr.
Twells moved to discharge an order of Vice-Claustallor
Knight Bruce under thew circumstances. A Mrs. Ha,
by her will, gave the plaintiff an annuity of 201. forlife ,•
gave Mr. Jones, the above defendant, a legacy of 1001. ; and
gave the residue of her property to one (sinew
deceased), and appointed Jones and itiehardsow her deer
tors. The latter acted, paid all the debts, and paid Jesse tie
legacy of 5001. The bill was filed ageing* Ram and the
representative of Richardson to provide for the dam payment
of the annuity, and the Vice-Chancellor, on. application to
him, ordered 2601., part of the said 5001., to be paid into court,
being informed that the 2601. would purchase a life annuity of
201. for the plaintiff. Mr. Cooper and Mr. Speed supported
the Vice-Chancellor's order. The bill made no case against
Jones' co-executor, who did not admit masts, but Jesse did.
The notice of motion in the court below was, that Jones be
ordered to pay into court 5001., which he admitted he had'
received oat of the assets of the testatrix. They referred to
a ease of " Harding r. Harding," lately before Vice-
Modeller Wigram.
The Lord Chancellor, without hearing the reply, ob-
served (m be did before in the course of the argument) that
it appmemi to him that this was the case of a tarty retaining
1,1, WWS eat of the assets after ell the debts and some
fakir were paid. The bill stated no grounds on
I while wise to pay the money into court could be Nur
Was& The seta) was paid to the party by his co-executor,
in dirheese 4 the legacy. There was no charge that there
was a deficiency of assets, and there was no reason, in this
stage of the suit, to order the money to be paid in. The
order must be discharged with costs.

Before the Matter of the Rolls.
FOTIIRRINONAM V. SOUTHAMPTON AND DORCNEE._
RAILWAY COMPANY.—MOTION FOR AN INJUNCTION TO
PREVENT TEE ERECTION OF A RAILWAY BTATION.—This
was a motion on behalf of the plaintiff, Major Fotheringham,
of Kingsbridge House, near Southampton, to rostrum the
Southampton and Dorchester railway company from erect-
ing platforms and other works on a piece of ground purchased
from him, and to compel them to move their station further
writ, to the east end of Bletchingden•terrace, according to
the provisions of their act. It appeared that previously to
the pu•ing of the act constituting the company. an agree-
ment had hero entered into with the plaintiff, that on con-
dition of his withdrawing hie opposition to the bull, they
would erect a screen or make a tunnel, to exclude the eight
of tea railway from Kingsbridge House. They were new
ervidag on the land purchased front the plaintiff plat-
ten.= and signal poste, end on other adjoining land the ota-
ties itself, in full view of the house, and in -fact an
the plaintiff to all the annoyance which by the afire. s%
• sough to avoid.—Mr. Turner and Mr. liagshasso
sprung on %YU of the plaintiff.—Mr. Belles for the con-
pray.—Tho Master of the Rolla said that es far as thebuild-
ings which were being erected on the lend purchased from
the plaintiff, he thought the plaintiff had • very strong cue
in his favour; but Mr. Belles having stated that there were
no affidavits filed or. behalf of the company, the motion