The Express.
London, England, 1849-07-05 00:00:00

!Lab, 3littefitgence.

EQUITY COUItTS.—YESTERDAY.
Swots Tim Croy-Cmummina or EsuLLini.
RINNERSLEY V. THE NORTH STAFFORDSHIRE RAIL-
WAY COMPANY.—Powna OP A COMPANY TO TARE LAND
UNDER THE COMPULSORY CLAUSES WHERE THE PUR-
CHASE 18 NOT COMPLETED WITHIN THE TIME ALLOWED
BY VII ACT.
This was a motion for en injunction to restrain the North
Staffordshire Railway Company from taking possession of
certain lands belonging to the plaintiff near Newcastle, and
from issuing a warrant to summon a jury to ascertain the
value, and from doing any other act for the purpose of
taking possession of the land under the compulsory powers
contained in their act. It appeared that by the act of par-
' Bement 10 & 11 Vie., o. 108, the company were empowered
SO exercise the compulsory powers to take lands for the term
of three years from the passing of the act, but it was pro-
vided that after the expiration of that time such powers
should not be exercised. The act passed on the 2Gth of
June, 1846, and the company being desirous of
taking a portion of the pfrigtiff 'a land had en-
tered into negotiations with him for that purpose,
end bad offered him 3,0001. ; this offer having been
rejected, an application was made in the usual way before
two justices, and the sum of 2,2901. was fixed as the value,
which sum was paid into court by the company, and the cue
tomary bond was entered into b 7 them. No lurther step
wan taken previously to the expiration of three years from
the passing of the act, and the question now raised was,
whether the company could proceed to summon a jury, for
the purpose of Messing the value of the land, or whether,
the purchase not having been completed within three years
from the passing of the act, the company were to be pee-
reeled from exercising their compulsory powers.
Mr. Roll and Mr. Amphtet appeared in support of the
steam Mr. Matins and Mr. Bovill for the company con-
tended that the proceedings already taken by them were
sateleient to bring the case within the meaning of the act,
end that it was not necessary that the purchase should be
seas feted before the expiration of the three years.
The Vice-Chancellor said he thought if the purchase wee
in such a position that it could not be completed, then the
eionapany could not make a title to the possession. The net
provided that the company should not be at liberty to take
possession under their compulsory powers after the expira-
time of three years from the passing of the act. And if the
eiremeasteness were such that the company had allowed the
three years to ellipse without taking the final step to ascer-
tain what ought to be paid for the land, he thought there
was a very grave question whether the whole thing was not
at an end. It was very evident that the company had not
acquired that eon of possession the cessation of which would
inflict any injury upon the company. He thought, under
these circumstances, that the cue ought to be sent for the
opinion of a wart of law; and the question would be,
whether the company were now authorised to summon a
jury for the purpose of determining what ought to be the
price of the land.

JULY 3.
BEFORE VICTXPIANCILLOIL KNIMIT Barr..
Ex PARTE SAMUEL, ME LLOYD—SAVINGS' BANK.
Mr. Bacon and Mr. Bromley
.supported the petition, which
was that of the trustees of a friendly society at Wrexham,
called the Union Friendly Society, praying payment in full
of 5,1521. 18s. 4d., being the amount whicu they claimed to
be due to them from the bankrupt, in his character of trea-
surer of the society. The bankrupt was a banker at Wrex-
ham, and had been appointed treasurer of the society, but it
was stated by the affidavits in opposition to the petition that
no money remained in his hands as treasurer, and that the
amount due was dep wited with him as tho banker of the soci-
ety, interest at 4 per cent. per annum being allowed upon the
deposits, and there being an understanding that the society
were net to withdraw the deposits on less than six months'
notice. It was further stated that the bankrupt was never
Nerved with any formal notice of big having bun appointed
treasurer, nor had discharged any of the duties devolving
upon that officer according to the rules of the society. The
affidavits in support of the petition however s wed that on the
occasion of the annual dinner of the society, the bankrupt's
health had been proposed es treasurer and that he returned
thanks for the tent. In support of the petition ex parte
Riddell (3, Montero, Deacon, and Da Oex, 80) was cited.
Mr. Russell and Mr. J. V. Prier for the assignees, cited
Rs Stamford Friendly Society (15 Yoe), 280), and ex paste
Harris a De Ocx, 162).
The Vice Chancellor said that the sum claimed was so
large, and the points involved, of so much importance, that
it seemed very desirable to have the assistance of a court of
law, in deciding upon them. His Honour thought the legis-
lature could not have intended that the clause entitling
friendly societies to payment in full should extend to a de
nand of such a character or amount as the present. The
case stood over to be spoken to again as to the term of ac-
tion to bs brought to try the question.

It lb

PREROGATIVE COURT.-JULY 3.
13111'011 811 Rwu .1111/111 Ft ST.

HIS SERENE HIOMNESS HESSE OP HOMBURG, DECEASED.
Dr. Dean said the deceased in this case died intestate,
leaving • brother and two daughters ; that by the law of the
dukedom, the brother of the deceased is not only successor to
the kingdom, but also to his real and personal property. The
only property left by his Highness in this country was three
dividends upon stock standing in the name of the late
duchess's executors. He (Dr. Dean) saked the court to
grant administration to the present landgrave as the brother
of the deceased.
The Court observed that, the law being in favour of this
application, it would decree administration to the present
Landgrave of Hesse of Homburg, aid at the same time
ordered an office copy to be delivered, &c.
THE STANFIELD-HALL MURDER.
Dr. Addams said the testatrix in this cue was the mother
of the late James Blomfield Rush, who had made himself
notorious by being an actor in the murders at Stanfield
Hall, Norfolk. The testatrix made a will in 1844,
and died in 1848. Rush proved this will, and also a codicil,
purporting to be that of the testatrix. The will bequeathed'
her property to the children, nine in number, but the codi.l
cil gave it to Rush, and made him sole executor. The
inroad advocate said he applied to the court to set aside'
the probate granted to the codicil, it being a forgery, and
not the writing of the testatrix, the application being made
by Mr. John Souses, who was guardian of the children, on the
affidavit of Emily Sandford, and who was a subscribing wit-
ness to it. The affilavit stated that it was written after the
death of the testatrix, by direction of Rush, and attested by
them both. He (Dr. Addams) felt the position the court
was plated in, to be called upon to revoke a former act
upon the evident* of such a person as Emily Sand"ord ; but
he hoped the court would take into its consideration the
situation of the younger children, and that the party
making the affidavit could harem() interest in asserting an
untruth
The Court thought it could not act without some. further
evidence to prove the signature was a forgery. The only
authority the court had to revoke an act already done was
the evidence of one who was portieeps criminis. It must,
therefore, direct the motion to stand over until it bad some

CENTRAL CRIMINAL COURT.
NEW COURT.—YE,TERDAY.
SEPONS vie CONSIGN ticlarAxr.
FORGERY AND SWINDLING.
Jomph Johnson Coherd, aged 21; an instrument maker,
and William Hall Brown, aged 33, a hairdresser, were in-
dicted for forging and uttering a promissory note for 2281.
They were likewise indicted for steeling a quantity of boots
and shoes, valued at 1001,, the property of R. Dymond,—
Culvert' with the felony, and Brown with aiding. him in the
nnlision of the offence. Brown was also indicted for
stealing a catk and other articles,, the property of Barry
Robson, and Colverd with stealing furs, valued at 301. There
MSS also another &large of forgery.
The substance of the charges, only one of which wu gone
into, was this : the elder prisoner, who is known to the police
under a variety of aliases, famed one of the well-known
wigesu gang, who, for yean past, have committed depreda-
tions on the various tradesmen of the metropolis b, obtaining
houses and shops, and by giving one another reference' ob
tained goods, which were no sooner sent in than the parties
decamped te's remote part of the town. In the present in-
stance the two prisoners, under the surnames of Hall and
Johnson, took a shop in Dzcember last in Croat-street, Is-
lington, and then went to the factory of Messrs. Dymond,
Regent-street, St. Luke's, and ordered a quantity of shoes
and rata percha, amounted nearly to 601 , ter which two
bills, accepted and endorsed in their assumed names, were
given, upon which other goods were sent in, and a few days
after they had been so delivered the shop was shut and the
pulite were gone. Information was then given to
tra police, and Sajeant Dubois, through whose instrumen-
tality a great number of the gang had been convicted, suc-
ceeded in truing them to Newington-eauceway, where, in
the early part of the past mouth, they had r-commenced ope-
ration". When the sergeant stated what he Lad come about,
they denied all knowledge of the transaction, but subse-
quently admitted it, and et the polka-station gave their right
amts.—The jury Mud them Wally.

The Common Eterjearit said the case seas an extremely bad
one, but be should make a difference in the sentences, as
Colverd was a young mas, end had in all probability been
led into the matter by the elder rte.' over, who was beyot.d
all doubt an experienced swindler; he should, therefore, sen-
tence him ti 12 months' imprisomarent sad hard hamar, and
Brown to 10 years' transportation.