The Express.
London, England, 1847-03-22 00:00:00

MILITARY..

Cover Iteerzes..—Od I a;;;;;,- the debt teddies et the
Oremediar Owed% dideeed et the Ttrwet, tedeille. her
reed tie denim el • eamt-dierdket the 16th Wt., drum
see Oustge Thep dee Meet* •Wiee.Mg the et the
pm& ON Oki diet it tweed% ameren le en id pleiseee '
stetemstd OA be essmided Orin to Ora Ye
pettferd
balm dietierded ileam the mein at lemsperted. • Be lee bead
owl messed WOW di& herd
The eesesesd it it erg be Is What s
amen
eded eidedith tedseeptil Pattaseeti. MI se
amid ids Metal Pert Cheture.
BWIII MANS MUT is =lithe cemaddletile palms
email tat mewl= Id New

ems ad Ma. a reftwombel
vrthlu: usaLpoars. iormarqqa. veld tir ais
at razihmoila sa of dr Palma. Idl4
merely woraded w se►kq prier to IN ha/ oar& The
ekes of things, YAW of 'Mai • 101 l wpm ill the, oar-

non, have determined
the tiefesdera of the
rates at the rtiriment.

to celebrate it by giving a haodsome (Loser to
*lows—Uwe ars-coramir erased oncrre *PP pri-

EIPOItTING.
NORTFL4MPTON RACES.
Sassy Arrranoas.—The following is a list ~f the nrriv:ite up In
three o'clock:--Susannah, Colima', Nectar, 11410. Doleful, Does
Mary, /Ling of Moran, Chippewa, Yernhill, Protection, Infringe,
Priam Royal, Icicle, Trei,an, llamas, Wee Bay, Maid of Athens,
Fort Wllllsm, Roderick, Glendower Wolf Dog, Mlrmillo, F.tieltil colt,
Wit's-End, Brother to &Bch, Publican, The Hind of the Pima, Ft.
(*tire, Raherathorpc, Mother Caere Chicken, Mcalighl, Oid
Brampton, Master Downes, The Rend, Bra Bower The• Baguet,
Hydrometer, Caunal-Pout, Sairfolan, Spectator, 'Lucy Aaton.
Woodcraft, Beara, Good Boy, Palatka ; sacral ethers
whore names we have not been able to amertain. tpis no previous
occasion hare the arias been so numerous, or tbe prtopecte so bril-
liant. It is calculated that 16 or 17 will mart for the handienp, and
12 or 14 for the Althorp stakes.
Ease roe Tile Guam's Purr..-Mr. Fowles's b c R.antboa, 3
ye.; Alr C.lbekerill's eh c Tb. Doled Richmond, 4 yrs; Mr. Pettit, ee
eh c by Epirus, 3 yrs; Mr.Wreford's bf Witt-End, 4 yrs; Mr. Illeores
blt Wolf !kg, 5 yrs • Mr. White's be f Infringe, 3 yrs ; LON Water.
fordb b Watch-Doi, 3 yrs.—The races commenoc nab day at half-
pat one o'elock precisely.
KIPLING COATES RACES. ,Tatiansv.
AVVVAT: PLATE, 20 n 0.,. for the second, was won by I,ollp
ford. heating awslerlkid. Legacy, 13.11, and the Doctor. 3to 3 apt
Chaste Lehi (t), and 4to 1 agal Longford (O. Won ciao Ty.
NOSTIIAMPTON RACKS—Maar aim Tann
• •

RIMY sou TIIMQVF.Z.4.IS Pure—Ttanthos, 3 )TII ; Dike a Rich-
mond, 4 yrs ; pelt, 3 yrs ; Wit's End, 4 yrs ; WoLfclog, yrs ;
Infringe, 3 yrsdog, 3
Aamvslit.—Susannah, Congrms, Nectar. Italo, Doleful, Quesm.
Miry, King of Marren, Chipgesrao, Feenhin, Protection, Infringe,
Princess Royal, icicle, Tro Itaitbm, Wee Rov, Maid of Athens,
Port WHIM., Roderick, Gkodo.v, Wofldpp, 31irmillo, Euclid colt,
Wit's End, bre. to Stitch, Publican, The Mod of the Forest, INgitire,
Mother Cary's Chicken, Moonlight, Old Bromptnn„ Watchdog, Sm.
BETTING AT ?MSc lIERTEK—FSMAT..
- .

Norrweurroastuoc bTAXIM.-8 to 1 stet Halo (t) ; 6 tel 1 pet
Eaelid eolt (1) ; 15 to 2 opt Withal ; 200 to 12 apt Magnct (t) ; 16
to 1 apt Liaughter est the Star (t) ; 16 to 1 apt Watchdog ; 23 to 1
ePS ntooom Mire (t) ; 10515 SPM Queen Mary.
Two TINICSAND Grump SiAltba-7 to 1 pet Liberator.
Dunn.-6 tot apt Van Troop ;10to 1 apt Planet ;12to 1 apt
Epirote ; to 1 apt Glestilt ;22t0 1 pet Liter:dor (t 15 to ;
25 to 1 opt (Sc)ogbam (t) ; 1,000 to 20 arm Will-o'-tho Wiry (t; ;
1,000 b 2.2 peg PartWr (t) ; MVO to 200101 Ownian it).
Mwraorcarrew 11•110ICAP.-12 to 1 apt VaeGh ; 18 to 1 apt Pink
Broad.

Lab) Inteßtgenct.
EQUITY COURTS.
Before the Lord Chancellor.

CHAPPELL 0. PtliraY.L73la LTI:1;1101ED WITHOTT
Coare.—APPEAL POR CO/M.—Mr. Anderdon and Mr. J.
Smith moved to vary an order of the Vice-Chancellor of
England, by which hie Honour dismissed the plaintiff's bill,
but made no order as to the costs, and the coniequense, there-
fore, was, that the defendant, who was the successful party,
was left to pay all the coats to which he had been put by a
bill, which, as it turned out, had born improperly filed
against him. The appeal wee confined to the mere natter
of °pstg. The Caen, as far as the learned counsel disclosed
them, were these In 1843, Mrs. Chappell, as personal ie-
wwiestative of her late husband, a publisher of music, filed
her bill against Mr. Purday, another publisher, alleging that
her late husband had purchased the copyright in some music
1 (the opera of "Fro Diavolo"), that he was sole rightful
owner thereof in this country, and that the defendant
pirated, and unlawfully published and sold the same. The
bill prayed an injunction, or that the defendant might be
ordered to keep an account of all xuelt monies ea
he should receive from the sale of his publics-
ten, until the plaintiff should establish her right
ey an action at law. The Vice-Chancellor made the
usual order, retaining the bill for a year, with leave to the
plaintiff to bring her action ; but, unless such action thould
be brought within the year, that the hill be dismissed with
costs. The action was brought and tried, in 1843, in the
Court of Exchequer, and the plaintiff failed to establish her
ight. The cause coming on before the Vice-Chancellor, at
further direction., in 1845, his Honour made the order be-
fore mentioned, simply diemissing the bill. The teamed
counsel contended that the rule of this court, founded oa
I principle and authority, and is analogy with the invariatde
rule at common law, was, that the successful party was en-
titled to costs. The defendant here was put to large ex-
pease in collecting evidence abroad for his defence against a
claim which was found to be groundless ; he was, therefore,
entitled to have his coots repaid by the plaintiff. At common
law that is invariably the practice, and, as equity follows the
law, the same rule prevails in this court. lint it is
said that in equity the costa are in the discretion of
the judge, and that there is no appeal against the
exercise of this discretion. Certainly, the costs in
equity are in the discretion of the judge, but that
is not a capricious discretion, but a discretion which, as his
lordship well observed, in the case of " Millington a. Fox"
(3 Mylne and Craig, p. 353), "ought tobe exercised according
topnneiple," adding that, "as a general rule, the cuts should
be made to follow the result." And what hin lordship said
in the case of " Sheehy T. Muskerry" (7 Clark and Finnelly,
p. 34), respecting the • discretionary power of a judge over
enrolments of decrees--namely, " that such discretion ought
to be regulated by precedent and authority," was perfectly
I applicable to the present case. They cited to the same effect
the late case of " Knight v. the -Marquis of Waterford,"
and also " Meyriek v. Wishaw" (4 Maddock), " Bally ti.
Taylor" (1 Russell and Mylne), " Bacon it. Jones" (I
Beavan), and other cases, to show that when a party filed a
bill for relief, as ancillary to his legal right, or for exeunt*,
or injunctions, on the ground of Fancy, and in order to be
entitled to these he had to establish his title by an action at
law, if he failed in such action his bill was dismissed
with coins, as of course. That being the general rule
established by the most eminent judges of this court,
from the decision of Lord Macclesfield in " Peachey
e. the Duke of Somerset" (1 Chancery Cures), was
it to be held as an inveterate, indispensable rule, that if a
judge of an inferior court, in the exercise of his discretion,
departed from it, no other court had power to review that
exercise of discretion ? But it was distinctly decided by
Lord Hardwick', in " Owen o. Griffiths" (Aubler, 520,
and by Lord Lyndhurst, in " Burkett v. Spray" (1
Russell and Mylne), and in other cases mentioned.
the reports of these two, that an appeal would lie
in respect of costa : and his lordship (the Lord Chan-
cellor) declared, in "Taylor r. Southgate," and " Eyre
o. Marsden" (4 Mylne end Craig), that though the
general rule was not to lipped wind costs, yet they were
proper matter of appeal and review by a superior court,
and in those two eases his lordship stated several pro-
positions as exceptions to the general rule, any one
of which was sufficient to support the present application.—
Mr. Reit and Mr. Chandless contra, supported the Viee-
Chancellor's order, upon the ground of the vexatious proceed-
ings to which the defendant had iecoune in his defense to
the action at law. They could not state the facts, because
the petition of appeal avoided any notice of them, and to go
into them would be a rehearing of the cause, but they sup-
posed a case in which a defendant raised all sorts of technical
difficulties by his various pleas of law and facto., whereby the
first right of a plaintiff was defeated. At law, there was to
question that even in such a case the costs followed the
result, and were given to the successful party, but when a
judge in equity, upon the hearing for further directions,
came to review the conduct of the parties, was he not to
exercise his equitable power over the costs in his own court ?
This court would &mum that the court below exercised its
best discretion. The law allowed this court to review all the
acts of the court below, and ace whether even its
discretionary power was properly exercised. The
question here was, whether a hill may nut be filed
under such circumstance. as that the court may in the proper
exercise of its discretionary power dismiss the bill without
costa ? To take a proper view of the order of the court below
in this matter it would be necessary to have, in feet, a re-
hearing of the case. It would appear by the tuts, if they
were stated, that the litigation of this defendant was carried
on in the most vexatious manner. His not the court here a
right to look at the circumstances, and, although the party
succeeded in the main question at issue in his action,srl
had not the court power to deprive him of outs in equity ?
They referred to the numerous cases cited on the other aide,
and distinguished them from the present case, end insisted
that they were not applicable to it. Their argument was not
that the practice as to coats was so inveterate that the court
mould not entertain an appeal on it, but that in all outs there
may be circumstances in which a court of equity would
exercise a discretion, which, though at variance with
the general rule, may he well justified by the conduct
of parties, and they repeated that such were the facts in the
present case that if the judge had any discretionary power
our the costs, he was bound to exercise it. It it were to be
held that the hands of the judge were tied up by the rule of
guars, then a party may pursue any
.course of litigation,
however vexatious ; and to follow up in this court the rule
which certainly existed in the courts of law would be giving
encouragement to the meet vexations conduct.
The further argument was put og to next Friday.

Before the i'lee•Chaoreellor of &reload.
TAWNET V. THE LYNN AND ELT RAILWAY COMPANY.
---INJENCTION TO RESTRAIN • RAILWAY COMPANY FROM
?AMINO LAND ENDIA A NOTICL.—A COMPANY IS 110 END
MYTHS'S stater Norms—Mr. Bothell and Mr, E. F. Smith
applied for an injunction to restrain the Lynn and Ely
Railway Company front taking proceedings to ascertain the
Table of, and from entptupon, certain lands belonging to
the plaintiff, is the of Littleport, in the county of
Cambridge, under, or y virtue of, a notice dated the 24th
of December, 1846. It appeared that the railway
company had tweed a notice upon the plaintiff under
their act, in Mandl 1846, stating that they would require
certain lands media is the seder. After some curet-
pondeace bating' lie parties, Ilia notice was waived, and
• remand notice melte y the 16M ef
IMemateer, in widthnay Me beds asaialasi
ia the first notice vs spedheL • mike wen era shwa
withdrawing the maim units lath, and a in& Mite wen
served, dated the Ma d Desomber,
ofla alit timeins s
further variation in the tmentity Lad isemded Mbe
taken. Foe the plaintiff, It was contended that dm newsy
company had se power to alter, by a misty of netima, the
quantity of lama they required • and, that what sedge
was once gives it smseeMil to sinettract, the yeses per-
ammo. of whisk lie *bait lei • right to tofenter—
Ilte. Stuart sad Mr. Yam he thgivee dehmknia,
matewled that the company *OW se etenz
nodes et they phad, and the hit
the Mhos, pesetilet se
the tamer maimwould diauldft=tem
withillaws. •

TheVirehmetaller ides.
wog.
and Leib ads" inn .
ups_ applies*. IN an
idinfase the mem inn at

quondam was, whillow dr _
user die tiara 'Mak set

bar it& Softie say pats
walls Moil peddle grim
Brim suldimi 114 inks

a newsy anamy imiskt t
=, sad poems a
with their prat,
the duty of a coat d
sw'rist any undue unreels sd ,
which could not be ellesissity

lebon the um of thonomboslifs
te Loam dos Lad
prat or moll
timLan rwoo am dot ;.;
podia of load • •
=kr *sir ad if • "7:
mho dos *dolma •
;ton dr ad isle no s •
alight los •
as their rm. •
of equity b
ite of the morn& et 4. •
%dually dam by