The Express.
London, England, 1865-11-25 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before the Lord Chancellor.)
CLAW o. CIL= —JODOIDIT,
This was an appeal from Vice•Chanosllor
wee signed a few days Woos. The bill was tiled tT
owner of a house,
_27, Park-street, Bristol, to
occupier of No. 28, next door, from erecting ey .
ac, imp op certain is his PA" endell(
whotograpkwal pompoms, on the ground that they 14
tared with the enjoyment of ancient light and air by a:
plaintiff. The Vlce•Chanoillor having granted 4A"
Noe, this appeal was brought.
hir. Amplasta and Xr. T. H. Terrell were for the
Mr. C. 11. Giffard and Mr. Everett supported tie ea.
The Lord Chancellor, in now giving judgment, yaiaZ"
the gun Sion involved in this case wee alwaya ay;
and difficult to deal with, and wax
ot
Webs formed on the spedal facts of am
aroma. Persons who lived in large cities, chi*
always in course of extension, and in which sew
ware eaarisaally being erected, road sot expect ta•._
she mace enjoyment. of light and as to which thy 3i
been accustomed, in the same manner SI gam
resided in the country. The present ass mud by CY
with on the evidence, and on a fall examination 4 167.
was of opinion that the plaintiff was not estitlef
Injunction which he sought, and therefore the Cana., •
the wart below must be reversed mid the bill alma*
with meta.
TUC ATTOINIEVGIAIRAL GRAHAIL—OrIICIaI ashoia
IN BLIIIIUPtcT,
The :T= this nart-besrd case, row •
which In the Express of Thursday, oeu
curved. he question involved is whether official asap;
in bankruptcy are entitled to receive fee le •••
other than those which have arises wide ay
Bankruptcy Act of 1861, by which those fitanimai
are camucccuseci by salary instead of by fees caleffital a
a certain per ceilings under the provisions of the mad
1889 sad 1854. Mr. Graham, the official memo
praaaadirep, maintains that be is entitled to certaisres
amounting to about 2,000/. which he has retsialli
footing that they are fees 'riming eat of "old estateh•a•
aealer With which in bankruptcy were lama sada as
cts of 1849 and 1854, and were sot adminiitwei ash
the eat el 188 L
The Attorsey-Oeneral, Mr. Sargood, and Mz.YI
Miller appeared in support of a motion on the naiad
the OM registrar in bankruptcy, ceiling os Ix Gnarls
pay over OW sums in question to the accountant d tiV
wart.
Bir H. Oairss and Mr. Bagley os the other sick.
[The are was proceeding when our report

COURT OF EXCHEQUER.
Bitting. in Basso.—(Before Lord Chief Baron P01.,* si
Heroes Bramwell, Mansell, and Pigott.)
STAPLES la THE LONDON, BEIGHTOE, 41aD 301:79 coos
SAUNAS COUPLET.—JODONENT.
This wee an action to recover sompensatiou
for the death of the plaintiff a husband, who vii a.
an explain teeth as be was passing over • level orenegi
the defendants' railway at the Portalade station Inns
Brighton sad Worthing. It appears that ta en
station there is both • carriage way d ,
foot petit woes the line and the deemed,
'
the gates of the former 'open passed through g‘
and bad just got one foot on the platform of the sine
on the opposite ride, when he wu caught by the Wei
an erfthe and instantly lost his life. M the tail kis
the Lied Mist Berea, at Guildhall, the jury bud av.
diet for the plaintiff; but subsequently • role to eat
enh
the verdict and for • new trial wee granted, and der
argued at considerable length during the primal tan
Mr. Baron Chassid, now said that the find Chid Pam,
Mr. Baron Pigott, and himself (Ur. Bares Basimil
sot present at the arguments, and took no part is IsA.
meat) were of opinion that the rule should be 6the
Mende had been obtained co several rotted', the pall
being that the verdict was spied, the evidencs, tint in
deceased bad contributed to the accideot by its us id.
pees, and that the learned judge should have a
maw ear the didesdants, or withdrawn the esm bbiy
from the jury. Their loalebige thought thin w
reason for disturbing the verdict upon thou 'mei Its
rules of the company required the gates of the animal,
to be kept saint except at times when they could bib
kept open, sod there was • provision to the .
eEst
that before the gate was opened the pteers
at
attend to see that so train woe des "is
eight. The view the court was disposed to take sis
toot a Use get* was open it was • kind of billet,
rNeg
foot pessm to crow+ over, and that the fed d
2 epee was so amount of negligence which ought saltine
4 been withheld from the jury. They, however, dell(
the principle laid down by Chief Janus Ms
• sear similar case, that the court emit
not to impose on railway companies thin
thee the legislature iatended this le
test
trthey did not nay that a railway company was bassi la
I place a watchman at every level crossing for foot pm"
6 pre. Their duty in that respect would depend ems lb
extent of the traffic at the point, aid other eircumnisas,
and if an act of parliament authorise them to maims aa.
• way over, and on abed with, old carriage mussed balsa
• it did not exempt them from their liability to his lib
6 WY care in the management of the line. Their beithii
- were of opinion that the Lord Chief Baron could sot pc
! pertly have withdrawn the cane from the jury,. sal bey
• were not so diertistled with the coochisiou !dowerarri
6, the jury ae to feel juetified in interfering with their
with Mattel
The Lard Chief Baron entirely concurred
fallen from his brother ChannelL At the tail is bomb
he could not withhold from the jury the pan d
negligence on the pert of the company with reforms Is
the opening of the company's gates at the carriage VII.
seemed to have been admitted that if the accident hag Meg
in eonnexios with some carriage or other vehicle
over the level crossing, there would have been a itinerate'
of complaint, bat it was contended that became HI
deceased was a foot passenger he bad so eglit
t
avail himself of the invitation given by the gate bin
open. By the rules of tbe °Denney • man wed to te deb
gate before the puling of • train, and the rearm us
there at the time of the occurrence was that the sins ea
son had occasionally to perform the duties both of rine
muter and gatemen. The deceased not seeing s puts
might naturally conclude that no train was utensil. HI
lordship, in coneltunon, said he was not himisU
drete
whit the verdict of the jure.
Rale disbar's&
00E0011 AND ILEOTHIat e. THE VESTRY OF Sr. Jane%
WiSTIMITES.
This was an action brought by the plaintiffs, wits ne
chants, in Argyll-street, Begeot.strait, to rawer bane
for injury done to a large quantity of wise s
their cellars, in consequent*, se they allege&
the imperfect coostructim of • gully cowed
with • drinking fountain erected by the Neal
Yountaius Assomatioo, under the supenntendena ti
annoyer of the defendants. Te cue mound,a
before Mr. Baron Martin, when a verdict w
seat, for the plaintiffs, 'abbot to a spaciel to be esill
for the opinion of this wart Ths matter wee sigeldlii
week. The court reserved their judgment.
The Lord Chief Baron, in now giving j abrupt,
court bad, at the conclusion of the argumeata,
that judgment should be given for the def Adepts, el
Itej
the plaintiff should be asinsulted, so as to amble bin
theyked, to bring • fresh action. It, however aa, Moil
liked,
that the plaiatiffs ware too late tobriog amoebdios. II!
court now thought that judgment should be for the dd.,
ante. They were of opinionthat there was no egos
negligent*, sod that therefore the plaintiffs were
entitled to recover, but the plaintiffs, it they Mal"
might take the cue to • Court of Error.
Judgment fee the admit...to.

COURT OF PROBATE AND DIVORCE
(Before the Judge Ordinary.)
01074.1011 GAVAZOS AND 000C11011, lii
PROCTOR irrnarminno.
The Solicitor-Oeseral end Dr. Sylvia, for theQoot •
Proctor; Mr. G. Brown and Mr. L Lloyd t
petitioner.
Let year Charles Vinomat Gayszon, of Clifforerolcuti
Mese& for a divoroe on the ground of his wire's adultery ol"
Freachtesn„ named Jules Concboiu Tbe
respoedeetel
appear, bat the mo.reepondeot did, and the reselket,
trial wee the grantiog of a decrae nisi. The Qtr..
Proctor now intervened, and alleged that for owl
past Gersten had himself been living in adultery 1...1
woman at his chambers.
The ease having been amply proved by the eater' 4
porter and lausdrossee from Clifford's-inc.
The Jury found the wo.
Mr. brown theefor argued thatwswider the words of Wt.
tote, the Queen's Proctor basing alleged rcilwijis
baring failed to prove it, the deawe nisi ought to be
absolute, eotwithstsediog the verdict just given.
Sir James Wilde said that the statute was lel
featly drawn, but the point now raised had alteed,l
&added. He therefore refused the deems a,
mimed the petition.

_
COURT OF BANKRUPTCY.
(Before Mr. Comonesionar Winslow.)
111 as C. 01:15011.—YADANE VALENTIN
This 's Nemelamits, was described as el 18.=
bibebbs lambil.mm•., sad formerly ot IA ... ~.
Parthindslreek semeabsioa ageot. Be applied le ..-ii
bona kola FINN' wbare be was detsioed st the F.; ..
Masao FalesMs, cd 30, Clavertori4tmmt• Pilsb.,47la/
Mr. BesseL The debts are about 1,6001., Madame V,.,
beteg a auditor for 8411. Theo bankrupt states Ils" ""
meets amount tolXol..being estigneted valoo all°
by tbe Timone Railway Company. 'sits"
Mr. Fl.. Griffiths opposed oo behalf of Madame N
gad Mr. Reed also opposed for Mr. BruneL
The bsakrapt was ezarnised, through an iaterroft... si
nem les, with Worm* to his dealings
In wee~d that the bankrupt had obtaieed 8..-.",... I
Madame Valentin's mosey for the pawpaw of Won.
tillsoaaad bad sot done so, but this was &Med bf iii
who said that ha had puerile's& the ellon,,
mathem to a Dr. Ledioski. Re did set INC ''''
..ssio Is bbb
ski's address, bat believed be bad .---- __l ow
ambit. It also fissapired that the bankrupt's r••••4
was Cops, bat be mid be had gooe ender the seas
Dubois, awl that his debts were coatracted is that 016