The Express.
London, England, 1853-06-03 00:00:00

SPORTING.

TAT f ERSALL'S—TIICRSDAT.
A scanty attendahce, and only a small amount of business
trauma:ed.
body Evelyn advanced in favour for the Ascot Stakes-1
6to 2 was taken to some coney. 5 and 6to 1 taken about
Mersa's, the higher odds being offered at the close.
Stoskwell was at an improved quotation for the Emperor's
Plate, and 3 to I was taken about Teddington; in both
cases, however, the outlay was only moderate.
10 to I was taken to 300 f. about the Wieer for the St.
L•ger ; and 20 to 1 to various small sums about Verbena
colt fir the Derby.
ASCOT STAKES.
2 to l nest Lord Wilton's Lady Evelyn (t)
6 to 1 Mr. Comb?, Nervous (t)
h to 1 General Anson's King Pepin (9 to 1t)
S to 1 Mr. Osborne's Little Davis (t 10 to 1)
THE EMPEROR'S I'LATE.
to M 1 agst Lod Easter's Btockw.•ll (t)
3to 1 Mr. J. M. Stanley's Teddington (t)
ST LEGER.
10 to 1 apt Lord John Scott's The Reject (t)
DERBY.
20 to 1 agst Lord Derby's cult by Orlando out of
Verbena (t)
23 to 1 Mr. Bowes's Blight (t)
2.5 to 1 -- Mr. S. Herbert's Autocrat (t)
49 to 1 Duke of Bedford's Hesse Cassel (t)
&MIN,. ON Tug Dr.uo AND OAKS.—Vie have been
inbrined that some false lights were hung out on the set-
tling slay, and that one or two psrties,thought to be buoyant
in ►afe water, arc, it is feared, quite swamped ; their
united liabilities amount to several thousands. Still, corn
paratirily speaking, we must repeat, the general settling 11
wet remarkably good.
bait ur hltaThetoe.—AllathtoC was sold yesterday for
1,110 guineas, and with her engagements too : rather a
riff price for an animal that was beaten so far for the
Oaks. She will remain in Peek's stable.

ILatu iinteliteence.

EQUITY COUILTS.—YEsrEaat T.
Bx/NIS VICIXII.E.CELLOt KINDMILIT.
TEE Drlll OF BUCCLZUCII r. BERRY.—BILZACH OF IN-
JUNCTIOS.—DIACHABOR raox Patsox.

The plaintiff, who was lord of the manor in Watney
Island, on the coast of Lsncasbire, had obtained
an injunction against the defendant, to restrain him from
removing stones and shingle from the sea heach. The de-
fendant having committed a breach of the injunction, was
committed t.) prison in July last. A motion was now made
that he might be discharged from confinement, upon the
terms of paying 301, in res; ect of the costs incurred by the
plaintiff, and giving his undertaking not to commit any
further breach.

The order was mado accordingly.
ATIOIINET-G IN ERA L V. DVNNUP.INJUNCTION TO

litZialiklN ME CUTTING OF TINDER.

This was an application on behalf of the Attorney-Gene-
ral for an injunction to restrain the defendant from cutting
down and removing the trees on a piece of land at Bartley
Regis. It was stated that the defendant had wrongfully
entered into possession of the land, during last year, :upon
the death of his mother, who was tenant of the land up to
that period. The land formed part of the manor of Lynd-
hurst, of which minor her Majesty was the lady. An
action of ejectment had been commenced against the defen-
dant, but had not yet come on for hearing. On Tuesday
last the defendant being so in possession of the property
commenced cutting down the trees, and had threatened to
remove and sell them fur his owe benefit. It had, there-
fore, become necessary to apply for this injunction.
Mr Hansar appeared in support of the motion.
The Vice-Chancellor panted the injunction.

r Mai VICWOHANCILLOI STUART.
TTIE MARQUIS OF BRISTOL I. COTTERILL.

Mr. Melina, Mr. 13. Hayes (of the common law bar),
and Mr. De Ocx appeared in support of a motion to dissolve
an injunction, which had been obtained ex parte in April
lut, to restrain cone of the defendants from receiving or
taking proceedings to recover from the sequestratore of a
living the arrears of the income of such living or ecclesias-
tical preferment, received by them during a vacancy. This
living arose from the union of a rectory of • parish called
Bramcewell earn Hornsby and a vicarage of a parish of
Alawick both within the diocese of Lined*. It appeared
that an union had taken place in 1703. Previously thereto
the advowson of the rectory had been vested in the ancestors
of the plaintiff, the Marquis of Bristol, and the edvowson of
the vicarage had been vested in Mr. Gardener. By the
union each patron and those claiming under him was en-
titled to the alternate right of presentation. The plaintiff
alleged, and the affidavits in support of the plaintiff's case'
stated that Mr. Harlewood, who was, in 1826, entitled to
an alternate right of presentation, had conveyed his I
interest in the advowson to the present plaintiff, and he
under that deed claimed upon the last avoidance in 1846,
to be entitled to present, and that he accordingly presented
his son, Lord Charles Hervey, to the living. The defendant,
Mn. Robinson, had disputed the deed of 1826, and had
brought a quart impedit against the marquis. The marquis
at first pleaded, among other pleas, the deed of 1826 to the
action, but afterwards by arrangement this plea had been
withdrawn, so that the validity of Mrs. Robinson's title in-
dependently of that instrument was the only substantial
question in the action. After two trials a special verdict
had been settled, and upon the facts found by it (not in-
cluding the execution of the deed of 1826), the court of law
had decided against the title of the plaintiff. This decision
had been reversed by the Court of Exchequer Chamber on
appeal. An appeal from that decision was now pending
before the House of Lords. It appeared upon the motion
that the bishop:a secretary had written to the marquis's so-
licitor in 18-52, inquiring whether, after the decision of the
Court of Exchequer Chamber the bishop was at liberty to
present Mrs. Robinson's nominee, and that the marquis's
solicitor, in reply, stated that the bishop would
not be at liberty al to do. After laying
I • case before counsel, the bishop considered that
he ought no longer to keep the living which bad been
vacant for six years in that state, but that he ought to pre-
sent the present defendant, Mr. Cotterill, who was Mrs.
Robinson's nominee, and that he had accordingly done so
in July, 18.52.
The learned counsel submitted that there was no equi-
table right in the plaintiff distinct from his legal rights, and
that he had deliberately withdrawn from the consideration
of the courts of common law the deed of 1826. The appeal
in the House of Lords now pending could not decide any
thing in favour of plaintiff's title, but must in any event
negative it, since it was only derived front that under
which Mrs. Robinson claimed. They also read affidavits,
showing that Mrs. Robinson hail offered to acquiesce in the
suggestion nf some of the judges of the Court of Exchequer
Chamber, to have the merits of the case tried, but that the
plaintiff in equity bad declined to do so. It was also sub-
mitted that the deedof 1826 was founded upon a siaortiacal
contract.

Without calling on Mr. Russell and Mr. Brownhead for
the plaintiff,
The Vice-Chancellor said, that after the stay of proceed-
ings in the action of quart impedit, affected by the writ of
error, the defendant Mr. Cotterill ought not to have pro-
cured himself to be inducted ; and that upon the correspon-
dence between the bishop's secretary and the plaintiffs'
solicitor, it was to be slimmed that the latter had been
prevented from obtaining a writ of ne aduittaa. It was in
the province of a court of equity to place the parties in the
same situation as if that writ had bean obtained. He
thought the injunction obtained was too extensive, and that
it must be varied by its being restricted to the period during
the pending of the case before the House of Lords.

COURT OF COMMON PLRAB.—YErreaDA7.
Ikerpos CALM Arnica piano, Ma. loin=

News; lba. Amen Clumniriaa. ansfri.
SanYD ANOTNEI lh PATON? AND ANOTENIL—TNN
Surer VAN= or WALnitooz.
Thh was ea action unameneed to determine the
*Whir the abet vestry of Bt. Stephen. W vim •
bed lag; sod a abort tine ago the males ear Mew
the NW apes cause being shown 'seism a nib in SS
adds es weer or award of Mr. Justin Williams, =I eh
enutiiima leaned thereon. The matter Mood over heau•
siblution, and is the meantime their isseidee addled Nei
the latter should be settled out of court, bat the negelic•
tie. between the parties having failed of masa, Judson{
wee sew given. The facts of the cue have been already
folly reported in the Ezpross.
The court was of opinion that that part of the rule which
asked to set said* the order or award of Mr. Justices Wil-
liams should be discharged. The ground upon which thle
was done was that the court thought that the matter had
been referred to Mr. Justice Willman, not as an ordinary
arbitrator, but as a Judge; and that being so, he had power
in sake tin order in question, and the rale of Nen O-
MNI wee it would follow as a matter of eras. AB 111
ON pads& of the rule which asked to set aide the MSS.
ins which bad been issued, the tout erull of
411.10 t that it should be made absolute, upea the
pima that the order was only a conditional
ceder to pay money, and not such an order to
Old money as would bring the case within the 18th sec.
of the 1 & 2 Vic., c. 110, which provided that a rule of
court, whereby any stun of money or any costs, charges, or
expenses, should be payable to any person, should have
the effect of judgment, and give the person to whom the
money war parabola the rights of a judgment creditor.
Rule accordingly.
OMAN°. AT NAM PIMA IN MIDDLI*III,-80012 Ha. :MICR
WILLtAXII AND • CANNON

DICICSON AND ANOTHIR O. MALCOLM, BART.—AC/lON
TOR ERR PRICE OF A OCIt.
The plaintiffs in this action, Mew*. Dielmon and Son,
wero gun makers is Edinburgh ; and the defendant is Sir J.
Malcolm, But The plaintiffs sued to recover the price of
a gun made by them.
Mr. M. Chambers, Q.C., and Mr. Phinn appeared for
the plaintiffs, and Mr. Serjeant Bylu and Mr. Rinds for
the defendant.

Both the elder plaintiff and the defendant, and several
other witnesses, gave evidence in the ease ; but the only
dispute boween the parties was, whether thatgon was sup-
plied to Sir John Malcolm or to a Mr. Latimer., who was
present when the order for it was given.
The jury found a:sordid for the plaintiff. for 30 guineas,
the summit claimed.

COURT OF EXCHEQUER.—YrzrzapisT.
811,11106 TM Eapco.—Boas TSB LORD CEIR7 Door, Dil. AMON
Aumuox, Ma. &sax PLATT. A•l3 Ili. Bator rat.

titAPPELL O. SAL WET.-TROTIR:

This was an action in trover, tried before Mr. Justice
Taltourd, at the last mixes at Shrewsbury, when the jury
found for the plaintiff. The action was brought to recover
a pianoforte, and the defendant pleaded that the in-
strument was not the property of the plaintiff
at the time of the hiring. It appeared that,
early in 14.51, a Captain Whittaker hired a grand
pianoforte of Erard's manufacture of the plaintiff, the well
known music publisher, New Bond-street. The instrument
was lurdi at 1601.. and forwarded to the captain's resi-
' desce at Ludlow, the sum to be paid for the hire of it being
2i einem per month. Later in the year the captain exe-
cuted a bill of sale, including the piano, in favour of one
Hookey, to secure the payment of 1321. Subsequently
`distress wee pat into his house for 791., being one year's
I Tee*. The whole of the furniture was sold, the piano re-
ali•ing 731. 10e. The defendant was the purchaser of the
piano, with the intention of holding it for Hookey. Kr.
. K. stir.; obtained a rule last term to set aside the verdict,
. end t.r a new :rial. Mr. Phipeon now showed cause against
he rub., bat •
! Th.. Court, without calling on Mr. Heating, wort of opi-
that them ought to be a new trial.
Lido emulate.

amnia' AT WRATIIIIIIPTII NM PIMP, TlrriTT TIVUL—Bs-
YORK Ma. bans PARFI ANC Culllios Jt.
bi, my the spend sittings" at Nal Prins in Middle-
sex ter Trinity Tuna.
The caws list commis/ an average meshes.

FAT tI. ACCIDENT AT THE NEW CRYSTAL PALACE.
; Tr•terdey .lr. Payne held an inquest at ()ay's Hospital,
t.p, a •ho t• idy of kidwin Browning, lately a workman at
h • yeu. Palace, Sydenhans, who had died in this hull-
Dat.i u al, .ut half.past eleven on Wednesday morning.
Dtski ..)(1 wry standing on the gallery floor with one foot on
' Rinkr an l tho *Aber on a piece of board, and while he
sus sawing a joist, one of hts compel:ions spoke to him,
Nero whi7li he turned suddenly round and fell, his head
' striking e•use oldect in his descent. At the hospital it was
found that his left thigh and three ribs lowl been fractured,
and the Nat lane ruptured. The jag relented a verdict of
.A.siileate! 0, b."