The Express.
London, England, 1851-12-06 00:00:00

- 4

iw *ntelligence.

JUDICIAL COMMITTEE OF TILE PRIVY
COUNClL.—Taavaanae.
nowesr—ita G. hares. UN. Lawalmortas, AND &a Lowness
ans.
DOW'S./ PATINT.—J CDOIIRTIT.
Mr. Knowles and Mr. Hindmanh appeared far the pail-
-601114. Mr. Webby represented the crown.
Is this one the petitioner sought to obtain the sztossice
of a pateat for shape soled boots. The inventioa is of a
novel and earful Wars, and was shown at the Great Exhi-
biting by the patentee. It appeared that the elasticity wok
obtained by tbe insestioa et the elastic material in the
Middle of the sole of the boot, and in the side of the upper
part in the form of gussets.
Colonel Drummond, the quartermaster of the randier
Guards, sad several sergeants of artillery, were called on
behalf of petitions. the substance of the testimony of
these witnesses showed that the pateated article laboon
sold to the 'oldie's as " noonsary" boots. Thadblien
Sound that this kind of boot was easy, cheap, and durable.
It appeared from the patentee's balance-sheet that ha
lost money by the potent.
Several shoemakers were called who stated that the Is.
Venlig* was becoming popular, and that it woo 'strongly
durable. The patentee had had, it seemed, great difficulty
in introducing the patent to the authorities at the lions

Dotards.
The patentee's evidence having concluded,
Dr. Lushington delivered the judgment of the orancil.
lie said, their lordships have considered this patent and the
whole or the evidence which has been adduced on the part
of the patentee, and they are of opinion that a aufleient
ems has net been made out to justify them ie advising her
Illogesty to renew this patent. We hope that, on future
eceasioria, we may have the assistance of the Attroney and
rolicitor-Ownevola.
Judgment accordingly.
'Tel EAST INDIA Coswit O. NUTRITIISADPI Via.
SAAAWIIT MOODSLLT.—IttosT OP SOIL IN ISOLO.—

Jul.—?.
Kr. 1,. Mr. Lloyd, sad Mr. Forsyth appeared
foe the appss.
Ma are, which was heard expert', wee an appeal from
a dams of the equity side of the Supreme Court of .luitica.
tura al Madras, pronounced on the 21st of Much, 1815. in
o snit which arose out of the following circumstances.
time time in or before the year 1783, the Madras govern-
ment took puesession of a considerable tract of land en the
outside of the walls and fortifications of the Black Town of
Medeas for the purpose of forming an esplanade, which was
required for the military defence of that quarter
and in the assertion of their rights as the owners
of the soil cleared the ground Mrs taken to
the extent of about 600 yards from the walk,
Between 1783 and 1813 a portion of this tract was without
any licence or permission from the government, rid Ia the
way of eccroachrueut, used.and occupied either M edc
tivation or for the manufacture of salt, by coal=wegga
calling; them* Ices =madam of the village et
sad Nailinharki, from whom the reepondeolla golomff
appeal alleged that he derived his title. Ilbe reel Maw
originally signified inheritance, and is Ia seallies bib
employed as a general term to designate a eadoty of MONO
differing in nature and degree, but all more or less eaa.
meted with the proprietary, peressiun, or usufruct of
the soil or of ita produce. The right of the til-
coda, parcari, of permanent cultivation to the hereditary
usufruct of the land is called mins% so is the right; le
the Omar share of the produce of the bad hid IN special
grant under varier denominations; MI dee. in frie is any
office, privilege, or emolument d
The term mires means those honorartliaell 1•11
privileges that are held and enjo)ed
the token of tbtir proprietary right to oil. The hp•
thee and crowning right of ownership is fiat of not only
remising certain other authority and poser over the CUP
beanies and villagers, but also enjoying ad exercising the
right of selling and disposing of oily part et such urinal
laod to any person they may please, the proceeds and price
of such land being divided anienipt the several mire.
eiders of each village in accordance with the shares they
severally coloy. The an
the
remise certain control
over the cliciating riser of the various trudge and pagodas
within their raiser village, whir affairs they manage in
a manner similar to that of churchwardens, especially in a
personal supervenes of the cultivation of the land allotted
fur the maintenance of such pagodas. The mirasidars are
further answerable to the earn of the appellant', and the
cornet share received by the government of the produce of
such cultivated lauds was duly paid, and also that the con-
tracting cultivator's share of the reduce of such cul,ivand
land vim paid or satisfied to such contracting cultivators.
In the year 1799 the Board of Revenue at Madras entered
into a conditional agreement with several persons, the isilsa-
Intro of Nadumbarei village. The only part which ap-
=material set forth of this instrument, was the
to
no You have upon your voluntary consent
tendered bloodies:lna to the Honourable Crory,
with a solicitation to grant yr a cannot of one year's con-
tract, commencing with the 13th of July, 1799, and up to
the 12th of July, Derf. We have accordingly given to yea
this eawroul as per the criditions hereinafter mentioned.
Yoe are to continue to pay to the cirear the rent r hereia-
after unwired, according to your engagement for Use ful-
fillment of this contract. We have agreed to keep year
mires. as security fur the rent, in order that it may be oor
reedy sail strictly paid, wi.hout any failure thesis.
Merl you fail to pay the rent. according to the conditieme
you have entered into, your mirasi will be sold at the earl
of the year by auction, and the precede thereof shall he
taken by the mew." The Madras government havitig.sAor
the encrerhnients before mentioned, resumed plow
sion of the land forming the esplanade, detemodwedsl
as a matter of grace and favour, to make compornios
to such parties as could prove to their adidaslea
that they bad been originally, in 1783, entitledgerirdir
to any pan of the land which had been taksa
pinyon. in the manner above meeting*. OM
those persons were able to give a valid moiewpaine st the
land, and a release from all claims in nwpwr et IL
maims
they never entered into any agreement with, or mob Me
promise to, any party on the subject ; nor did they
Titian or set apart any particular was of mosey Cr.
purpose, but merely directed the collector to inves=
whatever claims might be made in virtue of
rights, and authorienl the treasurer of Fort tlitelessorge to
bold at his disposal, for the purpose of liquidating any •
claims foe compensation which might be ntabhabed, various
awns of money from time to time received by him. Ia
order to facilitate this object, the Board of Revenue in the
year 1837 ordered a survey to be made of the whole of the
lands comprised in the esplanade, and notice was given to
various patties who called themselves miresidars to attend
the survey, sad point oat the portions of land to which they
claimed to be entitled.
It was contended by the appellants that the evidence ad-
duced by the respondent in the suit below entirely failed to
establish any retract or agreement made or entered into by,
or on the part ot, the appellants, either legally or equitably,
to pay to the respondent, or the parties through whom be
claimed, the value of, or any compensation for, the land to
which elsimed title. If the original plaintiff considered
he was entitled to claim compeusation, he ought to have
submitted his ease to the solicitor of the appellant', to
whom the conaideration of all such claims had been re
(erred. No title to relief in equity was established as
against the appellants, and the bill ought, therefore, to have
been dismissed as against them. If any decree as against
the appellants ought to have been ma&, the decree com-
plained in was a defective and an improper decree.
The cooncil, after hearing Mr. Wittman, decided that the
present appeal must be allowed. The judgment of the
ran below was, therefore, reversed, but without costs.
Judgment accordingly.
Sanaa rna hoar Jeerer or Arne.
lax PAKTII IiVICHILL.

The appellants in t the wen Meters. Butchell, Hsi-
pour and Co.. thisiems. ale bed been employed as the
peseta' salaams of a seaway essapeay, sansil the Leese,
Belled, and Ballymena Railway Cspsay, which bad thee '
been shanriamd. The defends to wen Mesas. Andrew
Spettiswesis, Boyle, and ethos who had been promoters '
and directas of the sempasy. It appeared that
the bin of mots preemie& Masses Imehell and Co.. after
the &amassment of the aadrohie, branded certain items
of imp te an &sent, in the swap*, of 749/. for the
pmpreneisn of &time M he sin& Opel the landowners
thesab when yeejperty the proposal line of railway was
taWlii at this The propriety of them eisesee wee thm
paled by the Napoli lents on the paranth—first, that the
ef the notices ead of the espies thereof to
trawned, were not prepody within the province
of the appellants es the gesetel selliesse of the
=y, bat fell rather within that of a Mr. Oar, who
the loeel aulicitor of the m&pasy et lianywnse,
awl aught eat therefore te brae been bested la the bill ;
sad. eseewit
the e y hozathat the sethee had bees perweal hy the
d eneived ageism at the imarates
=let althe retway esmpesy ea at el weals stem they
had benne aware et wtheda law mad err eew to be de-
piled mew the staaidag *dm la ffiedeeweat. width
wadi searaway Powelt the taus at the wawa& The
ssepeadlethe velland the bill emplaned at to the taxies
saillst, wed M. by lie wethicate, snowed the *mein puma-
ties Rpm pada= ef peanamd by the
wathesdrete. to Lord the hos limbs at
Wthe lath. egalwet_ tee et the Meth,
lasthhip befureed whirs that the meth wee •
wpm the he tbs spiritism of • court of law ad theewed
as art= to he brew& by the Messrs. Hera* spathe the
empethant far the meth in dispute. The posse& mad
was this meth M rem lanisitips appthat the seam er
hes Plawraat the Reths as the pawed that es the het that
th• seder hod ban:aeardly by the spy eilathe was
Mse the nab* be WM wen whether
the =we et their dates se
wawa selidwee at the emplay am" whether it was dare
with the Inewlstaeat=izgedeat an wet ; awl that thew
qweethas swell be dessewthed by Me mart
eltheat bask. mews le the lathiest maths eta wit
at thy wed at a len. It was Math that 'ASK lad
elsaili ism arwresiM -in
that
the *with ia
=awl that it IPSO an= that at hest anther
math be sensed ia Nth ff moans were had to a
emit elm