The Express.
London, England, 1848-11-04 00:00:00

tab) Ententgena.

EQUITY COURTS.—Yaersanar.
Before the Lord Chancellor.
KartLova AND OTHERS V. CARTER. AND °THEW—LIE(
ON CAROO.—INJUNCTION.—This wall an appeal awhile,
opened on Thursday, and its object was to discharge an in-
junction granted by the Vice•Chanceitor of England, re-
straining the defendant Carter from delivering to the other
defendant., who are assignees of the bankrupts Barton,
litguineon and Co., of Liverpool, a cargo of cotton brought
by Cuter from Charletton. in the United States of Animate
The gotton was purchased by the plaintiffs, who are mer-
chants in Charleston, to the order of Barton and Co. and on
shipping the goods on b3ard a vessel which belonged to Bar-
ton and Co., and of wh eh Carter was master, they drew bills
for the amount on the former, but provided, by the bills of
lading, that the cargo was not to be delivered unless the bills
were paid. This happened a short time before the
bankrnptcy of Barton, Higginson, and Co. The bills were net
paid. The assignees of Barton and Co. claimed the cargo, Isa
its arrival at Liverpool, whereupon the bill was filed for the
injunction.—Mr. hole and Mr. R. Palmer moved to dissolve
the iejunction, insisting that Carter, being the servant of
Barton and Co., their assignees were entitled to the cargo
imported by Caro r in their vessel, the same being purchased
to their order. The plaintiffs claimed a legal right to the
cargo, but they should have established that right before
coming to a court of equity. The special wording of the
bill of lading did not affect the right of the assignees of
Barton and Co.—The Lord Chancellor, without calling on
the oounsel on the other aide, said he had no doubt of the
propriety of the Vice-Chancellor's order. The assignees of
Barton end Co. alleged that they were the owners of the
cargo, because Barton and Co. sent the order to purekess,
and they were the owner. of the vessel in which
the goods were imported. They alleged that the
cargo sent in the bankrupt's ship was vested in
them as aseignees of Barton and Co. The plaintiffs
denied that position ; they admitted the deiivery •
the goods to the captain. but insisted that they had pro-
tected themselves by the bills of lading. It was not his (the
Chancellor's) duty to dec.de on the validity of these tonna-
' dictory allegations ; it was enough for him, in order to pre-
serve the property, to take care that the plaintiffs made no
, a fictitious case. Without anticipating the result of the
cause, be was of opinion that it was competent ter the
plaintiffs to do what they had dose. It was disputed whet.
ther the bills of lading preserved the plaintiffs' lien, but
glance at the bill satisfied him that it did. There was clearly
a prima Side ease for protection of the plaintiffs, and the
motion must W dismissed, with eats.

LONDON SACRED HARMONIC SOCIETT.—This, as
many of our musical readers know, is a new society—an off-
shoot from the old Sacred Harmonic Society, in consequence
of the schism in that body caused by the removal of Mr. Sur-
man from the office of conductor. Mr. Burman holds this
office in the new society, which gives its concerts in Exeter-
hall, and carries them on precisely after the fashion of the
old society; while it, in consequence of the changes in its
management, has assumed the aspect of a new esta-
bli hment. The " London Sacred Harmonic Society "
had its third concert sines its foundation, and its first this
season, last evening, when The Messiah was performed, pre-
cisely as we have heard it, times without number, at the
concerts of the old society. The instrumental orchestra and
chorus were of about the same numerical strergth as
formerly; and there waa certainly no falling off, if there was
no improvement, in the general character°, the performance.
Mr. Sims Reeves was engaged to sustain the principal tenor
part; and certainly he Is the only singer of the day elle to
satisfy those who have been accustomed hear Braham in this
oratorio; but unfortunately he was prevented by indisposition
from appearing, and Mir. Lackey was very properly obtained
as his substitute. The other principal singers were Miss
Birch, Mies Dolby, and Mr. Leffler, who acquitted them-
selves with their usual ability. In listening to this perform- Before the Master el the Rolls.
anee we felt convinced (as we are every time we bear this lx RZ WELCHMAN.—TAXATION 010 Stixiciron'a BILL.—
oratorio) that it is the custom to take many of the move• This was an application on behalf of the Oxford and Ele-
ments, both of the sirs and choruses, a great deal too slow, I mingbam Railway Company to tax the bill of coats of Messes.
whet. by pa' lull of pathetic expression are rendered I Welcbman ant dpraggett, the so:icitors of the Rev. Mr.
lenguid and drawling, and grand choral effects are made Townend, who had sold a piece of land to the above cow
I dull and heavy. The answer to any such remark is, that I pain% It appeared that the company contr..cted for the par-
Bach is the " traditional" mode of performance handed chase of the Sand in March, 1847, for 6001 , and they entered
down from Handel himself. But we have not much faith in into possession in May, 1847. The solicitors of Mr. Tows.
the correctness
stages end, who was anxious to have the contract completed, on
man
X' the 13th June, 1848, sent their bill of costa, amounting to
anodf traditionswe
we no wrettii.chn
godly adhered to when they are felt to be at variance with
havewhy tPhry,* sdho through
ld bedo w
661., to Messrs. Patterson, Hanbury, and Co., of LearningeoN
the dictate. of taste and judgment. The ball was crowded thenlicitonoyth.coarany, and itwas ansaged by the
panes
biilisked itand to meet and somplete the purchass on the 20th of June
B•
selm.senuto
mhaevuoe
pesoris.
They met on that day, and Mr. Haubury complained of the
there is room fur both, charges in the bill, to which two or three items, amounting
soci
M. JCLLILS'B CONCERTS AT DRCRY-LANL—M. to 22a. were then added by Mr. Townend's solicitors, and he
overilostwlf in
ot thfloos tinnew . e t
ht yis
J .Ilien commenced his winter concerts last evening at declared his inteniion to have the bill taxed, and ultimately
Drury-lane Theatre, within the walls of which place there paid the bill under protest, the "elicitors of Mr. Townes&
ores v.:Bested about as dense a crowd as perhaps causing to complete, unless it was paid. The ground tim
was ever yet beheld in so circumscribed a space. Some which the bill was sought to be taxed was that there was
hundreds were sent away from the door,; and so eager pressure on the part of the respondents, who 'shoed to
were the public for admission that, despite the refusal of the complete unless the bill was paid. It was also alleged to
doorkeeren to suffer any more to go in. the people ru.hed contain several overcharges.—The Master of the Rolls mid
past them, and inaired upon tendering their money at the t hat overcharges were not alone sufficient to tax a paid bills

His lorth.nip, alter beartng a few other mature of no
general interest, rose at 12 o'clock.

•
sad it appeared to tills that there was so peewit It woo
sot shows that aoy leaosvositsoo WOlaid have malted to
die ssapary if *a etsapietiss of the costroot had bees dr
illarted. They had had pespossica et the lead searly a rat,
sod hod @sly to pap this sasay. lie should dish* the
petitiaa, with

Woofhe nottortast et tbeisat.
Tan CROMORD CAJAL COILTIIST V.
or 01
Ms TO SIOTSAIII Tlll Asollettelle CaltAol
ALUMS]) TO 0450 WM CLOUD sr • Cilia CO AAAAA .
AL
This wee • maw to dada as Mandea greeded by the
a puler
VierCitaseelks, ca the 3rd el April len, spas the
ties of lb. Ceemleed Cant Osempany, leasin the dr
fesdar4whe wen MIMS soma OW stisesomisoedinha
the tram proccediag seder she powers
eke C Ask a anon eemlamtles hr doharsaprittred
Webers awed by the Cenal..Cesilhon- It ass
made the ass of 29 Chei. 111., iir..thQ Ta_,,iketkesetenalsostainedCom-
peay, it wee provided Mos
nand sand to pleadies cr dohs the right of aay lade
meson or wane et lad alesifb whisk rola &mad
dpete, se she Wan ad Wan& aim the use • mad that
each owners sheen be at liberty a Ohs away the eahl mine-
rals, se that in deka so they nel set Ware the anal. It
was she preened W the an of parliamest that, is ere say
web da=thealdbeeneal,thecona, er mistrals seaman
eltheessid,aendlcs fof bf Ike erNam7.
?IL damage mean by a Jery.—The defesdasis lianas
eassibmed that they wend be usable to sestina weans
their mien efdheas damage to the canal, bad preasied
seas W j , umber the ISMS nth* an, the compeaseles
India Wry themselves entitled to, and the hobs&
des wee ermessseer4SiNder sad anted to nasals
lime seeessakak- —Mr. is movies so &inane, ess-
taiga sha iSsaihe by the seel=wseer
alms, sod Ihe eilesbeste wen added le
The The Chattier sell the lesbians ease el the Carel
wane ad she the lad ear whisk She
waifAlaal peen, awl ell esa lead se eland be neer
we essemlies el the easel, and it*. man paned
ewe asybeshe prLeta Gale,
the swan were to be at liberty to
trent the Wane less as they did so Wary to the man•
It appmeed ast dm deal had long eine bees eampleted,
end it was Marble he as.. bat that seek was hat
r was basil Asa to be made apes the or.
of the seal le
.seedy bees made. He thought
se am thesow arises anisable to the Anson
relayed to la CMaal het. The wane takes by the
debsilesta was, hs tfik is the same of a proceediag to im-
pel the eimpony airehan the wt. —Hie Kosovo ear
sidereal thee the ears bed jurinietion to reetraie
Nrtiee
607 w
ham dmaiss Is sae enter way this preeeribed
ea eals=e4 sad that it wee pettedly fish% to Feast
the bona preanding to SINN compensatios. He
tiesid, amelen, amass the 'Westlake.
sumo, e. Kam. MOTION TO COMMIT Cos
Isaacs or as 1111UOCTI0N. —This was a motion on b•
half of she *land, who was entitled to wino property
slam a will, to wratesis two persona, who were auctioneer,
M beak of ea hinnies that lied been granted by the
mart to reseals than sad the events ander the will from
Mili=le se the property. It named that Ste male
*elk and forty lots had bees sold before
She latmet hen bees mad apes the insatiate.
A meassbades the Wok place is the sae room, asd
ft wee denied that the sale should be °entailed.—
Kr. Ilethell=l ha man of the molls..—limo. Whit.,
M the ash bpd ihat so cane wean be gives is
fhb are wad tho etlesh4 who had see Marl;;sada-
the snared the isannica, and had esseirtea that ae
totatt=o37 wee eell ewer rkabl it wee better to
the sale.—TheNinChaarMer and then bad bees
as avower to re maim The C..art had Grand the dein•
date set to premed with the mole, and this order had sot
bees complied with. The row, rut be brought into
saes, ma re eats of the appliestios man be pen by the
ddesdaste.

rider Viremwelie height arum.
ILADMILD IP. MANCIISISTaa, SOCTiI JUOCTION, ViD AL-
TILIOCIUM 11•11. WAT CONTASIT.—INJ CO elloy.—Mr. Boma
and Mr Lithe moved foe as injaarioa to restrain the deka-
dials hem fabetreserag a right of way claimed by the plain-
tiff shag sortie paints sweets std Maschestr, named Jamie
Leigh-mem Wskefisid-strieet, into Orem Marlborough-
mini mad Oztershetrest Tie plaintiff had a pier of ground
adjammt q Jams Ligketret, bat separated from it by •
wall. With a view of °briar/ • right of rejig info that
street, mad ales et brig the rights of way beloagin• to the
in the street of passing up and down Wakefield-
= purebred a small pietist)! land of 4 yards square in
sad as the sad aflame Leighisasot, eivenanting not to build
strait. The railway array wen carrying their line across
Waksheldatreot, so se completely to obstruct the
aloes it, sad to compel the inhabitaats to go round=
kit stmt.—Kr. Russell, tor the defendants, objected that
the plaintiff could
at by purchasing a small pier. 'lroned
of four square yards at the end of the street, sequin a right
of way fee hi ether land. It was upon this mistaken notion
that the salt had bees instituted, although the contrary had
been Lid down, sad established ae long ago as the reqr of
Marla' 11. Selwyn's Nisi Prim, 1347, " Howell o. King,"
1 Modern Be arta, 190. Moreover, a party claiming a right
at way was hosed to define it accurately in his pleadhig, by
Mating the tar isle ad Qum, and the terminus a quo,
which the proem bill failed to do. They wen about to
argue the motive upon the merits, but the Vist-Chanoellor
desired to hear the plaintiff's counsel up= the legal °hien-
Ira first. Mr. Barn contended that the authorities referred
to did not dirties Ike plaintiff's claim in respect of the piece
dialer purchased, and that, on the point of pleading, the
tight claimed was to pave along James Leigh-street,
along Wakefield-street, to Omfordistreet at one end, and to
Groat Marlborongh-street at the other, which was a sufficiently
dilinit• 'Latinist —The Vice-Chancellor said that the act of
which the plaintiff complained might or might not be
wrongful as regarded the public. It might or might not be
wrongful ,as to some individuals ; but, with regard to the
plaintiff, who sued here in his own behalf only, it he had not
clearly made out a sufficient title to COolplain in heat Own
right, the court could not, on the resent record, trthe
ac, as wrongful. Now, independently of the question of
pleading, and amusing the pleadings to be correct, w
cihat te
plaintiff claimed was a privaie right of way, as inden the
One or both of two freehold pieces of land, along James
Leigh-street into Wakefield street and thence into Ore -it
Marlborough-street. Tne evidence before the court fell
short of satisfying his honour that the plaintiff bad any such
right et way, or that there was sufficient probability of his
establishing each a case as to warrant the court in interposing
by in-uncial. If the plaintiff, chose to bring an action the
motion might stead over to abide the result —The plaintiff
elected to take this course, and the motion according,
stood over.

COURT OF QUEEN'S BBNCR.—FMMIDAY.
Sittinp le Banco.
Tun QUItS e. Anhz".—Enicrtos or ale Annum'
Ic, OPPICI OP A .In this ease • quo war.
rantohad bees issued to tm whether the dotal:chat had
been duty sleeted to fill the of alderman of the borough
of Southampton. The ease was trod at the hit assizes at
Winchester, before Mr Justice Coleridge, when a verdict
'vas found for tin defendant, have being reserved to the
prosecutor, on one 460,, to move the
t the verdict
ov. belas entere
yeard
for the crown. It appsare I that on the 9th Nt ,
there being a vacancy for 6ve aldermen for the borough of
Southampton, several candidates came forward, of whom the
defendant wen one, and at the else of the election he wan
the fifth on the poll, a Mr. Lettere being the sixth, the former
having obtained 18, and the let er li votes. The question
upon the trial was, whether lour of the gentlemen who voted
for the defendant knew of his disqualification by reason of
his being at the time of the election an assessor tor the
borough. The prosecutor, Mr. Leery', endeavoured to
make out that the four gentlemen in question
were aware of the fact of the defendant's being an ammeor,
and that therefore their votes were thrown away. Upon
being examined they stated that, although they might have
known of the defendant's disqualification some time before
the 9th Nov., they did not remember it ;adthe his
skip
-
skip told the jury that it the four peraus in qestion had
forgotten the fact at the time of the election, although they
might hare been aware of it before, their votes would be
good. Mr. Butt, C.C., now contended that it would be a
very dangerous doctrine to hold that a man who knew such
a fact before • particular day might be allowed to say, 1
forgot it at the time of the election," and the direction of the
Warned jags was therefore wrceog. Two or three of the
gestkasea were proved to have voted as town councillors in
Ike ward in which the defendant was actin as Silit3iof.
Under *ass dransataaces than learned counsel insisted that
be we. entitled to have the verdict entered for the crown.—
The_Court latimatei that they would look at the evidence.

COURT OF RIC llllQUER.—Yerraloay.
ltto Pan., at Worminess, bens Mr. Boon PINT sad a Windless:
senor jar!.
Boum to. Houtas.—Dter wren dire or eten PUBLIC
TISTIKOetah TO Tan " Bhinniant " CO•CI•AX.—The
plaiatiff la Ode ease was Mr. Charles liolas perm of
Mean Waft ist his day, well kaosra to all Own ians of the
Itst 38 pease si the drives of the Wow "Blenheim " coach
lestweem Looks and Oxford, and the ultimo Romanorsom
of coadmies on that road. Sinual years ego a public sub.
=was get up, ice the purpose of presenting Mr.
With • hoileential ea a Mark of public approval of
his salaatits and eivilito the travellers by the " Blenheim,"
*ad se • MeIMOID d
ate feet that for 81:1 lean he bad driven
the emmiterithsen a seeideet. Many distinvished and
titled Ommiseis, as well as the residents on the lisa, mewl-
basil ta testinmeMill, and, amongst °then, the Duke of
Welliagteo. • veloiddil silver cup and salver wen accord-
Nieryeeisaedineed awl peeeented to Kr. Holmes; and, as an
meak ef boarme, the halteovereign cmtriba'ed by
the Duke al Wellingtma was fined into the bottom of the
cup. napslid sabot tensed the objeots of the preseat
action. lams islemiest was Mr. Charles HOMO, a mimeons
at Chipper Meet" and the plaintiffplaintiff'ssliest so ;
sad the arks wee kV recover the value et the cup
sad salver, whisk the alleged belie's& to him, but
which ***deadest cenverted to his awn use. The
dehadeat pia la two pleas: ant, that he did not convert
the ankles L, question to hie own use, &a., said secondly,
&Ryles that the plaintiff we. possessed of the articles.—Mr.
Manage Clambers and Mr. Lash appeared fir the plaintiff,
sad Mr. Martla sad Mr. Cleasby foe the dedondfmt. Several
!Marra by in proved the original lateral of the plaintiff
in the cup sad ealver, an attorney's clerk wee allied to prove
that he had served notice on the defendant to deliver up the
articles. This witness stated that the delnadast, in answer
to that application, said " I baser meddle abed it ; 1 have
aothing of the kind in my pcomseisa." It was contended
ice the sit intiff "het he bad only gives the articles! into the
morrzeld of the delledsat, sad that nipad frequently ta-
ble intestines to bequeath the to the defendant,
and the salver to hie peenev Goa William.
Ia support of the ea a, Mr. Bases, a tradesman at
Newbury, and nee ow to the plaintiff, deposed that after
his father's fussi in 1846, the plaintiff, whereas present, eu-
prooted a hops that he should leave as fair a will
as bin (vitamin's) Other led dna. la mune of coavereatice

IL