The Express.
London, England, 1851-01-28 00:00:00

lab) fattlitgence.

SPRING CIRCUITS OF Tel MOIR 1851.
"linen Cmern.—Teslerft the teed Chief Wee at the tube.
911er. Re naiad* Peak end Mr. Wee the ep-
pelittel r pilleid sa this i.al4leek eneere and ur the awl
lad plan. toe Imbibe the wise tat see tat tbe want aniatte. sem-
Ideal wAhea the Iremak via , ha the tottAty et eLetiaasaptes. ester
dab Mae* et the Cabe et Wlerbeiter Walden, iurd's,
Mink ; Temde, Meth 14 It Do,
*men ; Deembie, D:
l=t le, et the Crib et PLO';
City of Ist.sit, It it mom di, et the Oubotell et the thy; Centestt,
Tuesday, Illanit 35, at Ilethelie; lbeeereetahtse. Tesedey, yeti 1.„ at
IM Gatti et Isestea.
Mama Ursa .—lard Caatptell sod Mr. Rum Pert" the Jedt
as the sheet, likellailty are in onl Inn n.lt‘ w np dwps mid paw • Ite
biddies the rim Ye the meant teastiell tnenuird tn t wls.:
Bent waifs*, Wed...fay, 2 is rebrpary, at Haman.; Lawn. M.
11.1 Kw* Ch.bralnad Stows, Illotwlay, Kase, et
Lame; Kent, tiarlia7. 17in !Larch. att Nadu. , Mem Wear&
day. Mt Yank at llapiortaai-Tbnais. 7!e days as the :Weak
Clete* Walked. Ilarateri, mad bomb Wan Clntute, have aft hiss
Sae, axed.

EQUITY COURTL—YrsTr4DAT.
Minus was L Ousenausa.
Ballllllllooll W. BAPDPLIIT.
II& II s speed ow iro se mediann so order of the
ter of the Rolls Weill?, t• the hil,ster to approve of a
proper persist told' a Fictive/ ow- r certain (states in toadies
is this $1141.0011 sad tunas. Ltiimion. (The adios for •
sew del tet se the Cssrt of Veateron Pleas sow wend
dam, isv.ilm • the qa,mon of tight to the lase setass)
. it. rtlaer sad Mr. J. V. Peas was heard it rap
port of the motion.
Mr. I:.the., a ,ntra, had sot doishod wises the Lied
Chant.. la rose, sad the lather hearing was adjourned.
Wt.er ths &Niemen:au' broosht to 'mulattos Ise 661111 give
I spilt.

veirean Via-ONALIRehIe• KIIIONT Remo 1
1111 O. CONSTAOT —PIILCTICO CND'S CLAIMS.
OM WWI mentioned on • termer day, on account of 1,
the voporteot rem. .lie which tell from the coon as to the
year.i to he adopted under elaim., wbirh have, is certein
cow., boo subetitoted for hill., where the sextets it wan-
-11 ring. It was awn brought before the curt today.
cis claim wry fil. d by the plaintiff, who claimed m Nutt-
v Irtitoff, for 61.101., which was al!,ged to have Mee
ady.nevi to the defend mit, to amble him to complete a per
ebtsr nt tune peap'r y in Dave's. T. allblawius were eery
sirttist the tact ml the advent* toi-oe poitive:y denial
by v.* ; but the ylesetiff boa bees for some
tor e of a wriitan to-.serladam, although not
ago• d, which *be omits relit' oat ike security en which dm
wrsq-y had been adtaneed.
Mr. livairlell ream aid Mr. Daniell argued the Ism
fee the plaiehl; Mr. Revell sad Mr. W. D. Lewis were
be the dekadeat.
The Yhe Ceaceellor sahi—This la en ignitible moot
ye: r'. claim—that ie, • claim by the pleintiff allegiag
her, If to to eqeitstee mortgagee. Under that claim •
co . cot es to • en.tur a fact nu arise., a tact et great
la.p4ritaes e. atai• ly is seek a ease ; for it is Tao lets Mae
.s.• payer at or the many, ercority for which the
p1a.....i asks to et.t.rte ; the iletwidant wbol!y denying
ow, ri pot:loo of the all. lied 'deuce, and in so marl worts
sweasiew that ho does not owe awl in eff.ct that ho has
sever aesd. ire plaiettg • sloilliog. It was ha the ant
Ow toss. d that where the contest se to matter of fact
sinew la Vas. raw ww.da of pros, cling by claim the court
Light not Wgooh ; bat, either dassissing the claim or
goventiteg say action lI.VIgI it, put the litigati,n, or allow
it to be pot, into 604 l• older course. To that argament
dealincu to reeds; mad 1 on sl4l or orillloo, accenting to
a yes tot astru,sson ot the ardor which Usti-
two tbta new mwd • of fr al .4, that it u compotset to the
exit to il,c;de, with .ugh sitidelit, aa to the weight
or
evirleneo, rat sung in a contested ratter of lent. That,
hr. never, doss nut sonde the queetion its what eases nob
yard' dotios ti to he exertr.std. I a;.pret se.d is to be clear
tutu C2llll. may art's. and may be easily suppord, in IC ish
the cull at of oettisace, or the nature the disputed fact,
may be ..sch as to r...dee it inexpedient, unsiVe or improper,
for the court to deo uthat way. la each ease where
**eh a que.dien sruu the ear. mad rimier, as well ea it
aystikial dance ion applied to the dictum-
stemma 11 the court is asked sot to proce d ut on affidavits
In evideace in order that a suit in equity is the ordinary
mode may be instrutod, that le ate thin y ; it is asked
not to yizer..l to decide sport the ewes, is order
that the.-e nay be an Weenie/Won b. hue a jay,
It is sa.dher. Now, okra the elesasi.-1 is for aa
lavemigation tame a Jury, is menu probsoly nuke
mark diflereneo whetter the peeve dies iu this roar
is by claim or by suit IQ tt.t ordinary way. li, Lowevil, the
ohyictioa is the: the m.tter ought to ho us:tided in emit
earths ad by bid and answer, sad the diaputot matter he
et het only, and not al low, I really do not see the gum
diner. nee t.. soy Wipe:ant teepee' between proc.ecieg upon
oftident cod pr,rstidaig up,os interro,rat,ry and &positions,
▪ eing that ...to .raise to .11, xper,ence the to:14:y eat effectual
ao...izawahatienia roc, odious in iquity is a locally alusat
worth:.. :tun exert:se of vihieh seldom
mint. the person .40 seeks to avail biz:lull or it. I confess.
Owens... 1 eoLnder tn.. pr. seat ewe quite as fit to he deeidad
'sailer • ea .iert spin sttway.ta es it w.uld be by a suit regu-
larly—teat is, indinartly coastitated. The geeetbra then n
whether the suture of the we is such aa w mare i: moon.

iMputiant tojta•tica that there should ban it vestige,
tiod bete* a ywry. •I'o that I have principally addremed =l-
ull, awl am bow addressing myself. llta Houmr then pro-
'aided at gr. at Month to Mato the lane nap of the alfdavi's.
Ahdratiug to the wee toeht of the hotted...lt, Ws Ilona., ab-
sent& lie a then advised that in a proteectusg at this
tied his affidavit ought to be considered in heath, the Wine
deitr.• of w.sght end tir,ct as an soarer if the pramedines
had bean by say of but. trawl,. n place:kw, sod evidence
upon io.orrtgatory. But the tide to those ewes is, that
you twat look at litClll3lltlttel 161141 probabilitie% wad the
mete eiretimstaacs that a dahndant tint s a fact proved
ageism.% ham by ■ singlo witness is not sudi. teat if there ar.
areutratawm media, in star weight sou vitas to the teet,
Inoue of that partiewier witus en than to dm lariAsony of the
• .tint. Iti•sw, iu my epsilon team the I nignes the
lattornowitlity of sotret► an this ease is lion onq•iea•i 'nettle
feet. *strews, especially whi a l add to that t's it the p!aiutili
►ed asatirawd he mere then two years to the unchallenged
por.rmi.m c 4 the de ad of cstveyar.ce to herael•. is much
Is admitted by the defendant mown I . Litt Slocum'.
mil it, ?rob thility rimatA to ba that the defendant
ragair:d t.e mousy to oampaste the purehms, and that
be had it ail the phuistifl, and that his ease entisely
bat d To sett t the taw to a jury would be mere tippets
ohm. end a were s erica of the performance of dory. H.
thowdat tba glaiatif entltlad to the demo its asked.

couicr OF QUBBNI3 BENCH.—YoutaDay.

Ilernaus 1,1 PAPOJ.-13ereas Lass Campeau, Ma. JIMMY l'Amaes,
Ma. JINSTICZ Onasumeas, AMP Me. Jcnum Wlearnus.

Tua taLLrs v. Tma Lowe CulasslaillOXllllll OP rum
711.14413.T.—MMILIAntl 41111XVITT ur TIM LAYS
QvginpiiWAOLll.

taw Hamada for the City of Lon.lon in this ease bad
ottainid a nee alai, calling on the Lords of the Treasury to
show oause why a mane ..ous shuull not lin used, can.
Bandies the.. to goy to the extrtaton of the LW tauten
Dowager the peipoesionate pen of the unwell of her late
blej 'sty, dee t t he r at the time when she died, in net having
lived to the *ad of the ratite quarter.
TM Attorney (Wisest nue slitiw..l cam ageing the
tale, sad odd that he would &tato Lis fcalatil for thinkiog
die then was se groand ton makiag the n'e obsolete for a
il" dui ant keow es what groan& his learned
Meads hadootainad the rule, or woo.' 8.4m0 that it should be
made &wends The rale noit shouters ether/eminences wnigh
the esi anon id the lete ids ea Dow g. t made their claim. He
(the Attermay•Usairal) believed there raid be no claim
is, • prop.atessam part of the sassily, on account of the
int. real betwsea tia, time of the payment of the hat quarter
that her Mak sty had rerilved, Ma the tints ate. the
.her quarter verti.d Weenie due, h. r Majesty hien, died
I. the laterveuia4 time. Tne tmowsime rested arta the Goa-
t bo giver t^ sue indium gr.insing the smithy,
with woe toe Ist wed 2nd Wm. IV. Tit, set was salted
ts on en tor inutthag kis M. j• my to nuke proviet4a for the
emwatiation ere the royal djgai y of the Quests, I 3 use she
en std 0n,,.,. his 'Wray. ' Tao act prolitted that the
sassy should be hIU,99W a year, to ammesce nom aud
Ater tW detwami cie his llia*ty, and to cw.tioue during the
Ithrtiwie of Mr hl • Jan. The smuuity wee 41 be paid out of
Shit llowto4.l.ted Fund, ea the four ',suet gii It days of
payseemt, v 4, the 314 of March, the :glib et June, the
30.0 of 8, pten.bor, mid P. 31st of December. Tim pig-
ment nes to be in (quid properaoss. Tits Ant payment
saes ti be made en sac- of the rbovrommed date as should
beppea stor the 4:cant of nil llijerty. The 3rd cisme of
the st.tat,, gritted Iti.rlboreugh 41.. use, and the Lolge
and " Miagership " of Beelippark, to the ezenton, for
oar )ear atter the dm* of the °deem Dowager. It
sore iredl that bbl late Majesty Willie. IV. din ea the
21).a et lane, UM, sea • quarterly pay meta was doe on the
• °' J cc., sod therefore. by the advice of the law °Meets
cit the crows, an late Majesty received directly after the
30 hof San one quarter's menet. it had afterwards
bees rid en every trvirter lay, up to eel inelading the
801 i of September, 1319. The sent day of payment would
have bees on the gist of Dituniber, 1849 ; bet the late
(lens Rowena d do.t the Sid of December, 1949. The
elaim now made wee in respect of the two months which her
310; sty fen led eke, the pi) aunt of the lot quarter. If
the anew, had seined di die io diem, liks Linnet for a
debtor salary foe service., her Kelsey would have received
nineties den more thin she had lived. fthe woolen a fall '
quarter's payment ten days before like 30. h of Jane, 1537.
red "'erten notkiag in the revert of the 20 dare of the
quieter at the god of 1119. He (the Athather.(hteral)
would treat this case an the ewe of an &snotty merging on a
settlement for a jointure between two ordinary penes.,
and rhea ask the court whither the ewe was at
all *Usual by the tart of its Iv tog a legislative
prevision? Ti. quedon mom upon the tint clause of the
set whim anthoefeed the king to make this grant by Judea
turf, sad hie Majesty itemised the rower. If this were a
questii.o banns two ordinary ladividuslo, there would 13:.
no &nib% oa the mates. A: the time this act was passed,
it was wh•ly unlined be the statute known u the
Apportnximett Act (the 4.11 sad lift Wm. IV, emp. ) That
act ooly appl'ed to the premier mem as far as fa the preamble
simitsitted • legislative declaration am to what the law was
at the time the set paved, cud which the set was meant
to tenthly. The only tun of epportior ant Bann lat the
ones of law were incise which were provided for by the
11th Leo II esp. 19, nadir which, when as estate wee
&wreathed by death, before any rent bens' due from the
Meant, the
_pontos of the rant actually duo scald art
be rrtivered by reason of the executors et 'helm' Want far
life of the nun not hiving toy prtrir to alone its pay-
ment. This thine* was passed to make rent due, seder
each eircurastanate. recoverable. But in no other ease was
aersanwat kaoira to law.
ri.i.lartice Patten said be thought that the can of the
judges was as exception. Wh.n the set for creating •
gamut casaba of judgn and ter giving them Warn, wee
wed it it
pzielprovid oaed that the salso shoal) basso
the Ant wan dm did amid WM

after their appointment. Ma (11r, Judos Patient) was
oppointod la 14 ,irember, ad Jaawiry the Treasury re-
aped to pity him the whole &want, but paid a portion.
The Attoney- tressed ea I that his lordship most likely
did not deem it eusitteat with his &coin to e oust tits
quer ion. The Act of Parliament of the 41k end fish of Wm
IV., rap 22, contained an accurate arateaseat of what the low
was, ud the tint Cast • enacted a remedy with respect to the
epactoients of the 11th of Geo. IL, eap. 19. It was desirable
▪ show what was the muffin of eouveyancers in reference to
this subject. It would be desirable to show the cosmos
form whisk they used in marriage settlemenee, where pay-
meat was to take place at fixed periods.
Lord Campbell here sugpoted that the writ for the man-
ikons should be male &Metope, so that if the I.w fhoirs
of the mows were dicetiffied with the decision, they might
ap to the MAWS of Lords.
..easel on both sides, however, agreed that they
would abide by the decision of the coact.
Lord Campbell mid, under these eircumstanees, the court
we. wiling sole, the ewe proceed.
The Attorney Lleonel resumed, and staid that be would
limit the attentisa of the court to the mutter in which con-
' Vermeer* Lew ap marriage settlement. There were two
different damn of asumaities—oue which booms payable
quarterly our the death of she grantor, and the other where
gran:er dineted the annuity to accrue en a p tricolor
day after Lis death. The present case was one in which the
snaaity woe to be paid quarterly after the death of the
glamor, and in such a case couveyanons is marriage
merits never introduced au apportionment slaw. It was
contended, ea the other side, that by Oh set it was intended j
to give the late Queen D agar something more than an
smutty payable iturerly. Tao whole of lie emu sipou
this point were to be found In the case of "Bs parte,
(myth.-,' is Bwanston's Reports. There two VMS ware
referred to where perms could not be the grantees of an
annuity without tepportimment taking place. Those out
the ewes of married women litre, apart
. from their hus-
bands and of bileata. The exceptum did not apply so
women living with their henbane., or to widow.. Ile
submitted that the late Queen Dowager's executors
were cot entitled to the swathe of ant uity said to have
accrued due since her late Majesty the Queen Dowager
was paid her last quarter's annuity. In the clause In
the act piing the 'Doody there were no special
woros. The clause provided that as &hooky should be o'
the mount of 101,0401. • year, and all sad every part
thereof was to continue and take *Beet immediately atm
the deceise of his Motroty, and thenceforth during the
rottural ate of her Majesty. The words used by convey-
ancers where annuities and marriage portions were granted
were exactly the setae. These marriage gettlemente always
exciaded the Idea of the amount to be paid being appor
tinned. The dense is the act went on to provide that the
&aunty wu to be chargeable on the consolidated load,
nod he did not know that there was any differeime in the
punt ease and that of a
_private individual except that
it was a togielative pent. He enhositted that this was to
be considered as au ordinary settlement. It had been said
that the grout of Marlborough 11011141 and Both, Park
Lr • year a 1 .r the 'death of her late Majesty
would be a hardship If a sufficient sum wen
not allowed for the maintenance of her Iklajeatyte
estate. But that grant was intended to be • favour and aa
advantage to her late M ejeaty, that the might have a country
/endue° near Loadou anal a town residence. but no neon-
'ounce setae in respect of that, for if there should
the executors might claim the &-nuity few • whole year after
the death of her late Majesty. He submitted, then, that
the court in eonaidaring this cps would exercise their equit-
able juriadietira. Although the act directed the first pay-
ment of the auntie, ins to be made on the fleet of the
quarter which should happen altar the king's death, yet
that might be taken to be • payment in adverse,. Under
the whole circumstances of toe ease, he (the Atoorneyt
Guinea) submitted tat the rale for • madames ought to
be discharged.
The 8 .licimedeneral raid as the cue had already been
so fully aroued by the Attorney-de I, he would only
address • few observations to the e'en. The present case
was the came of a great of an annuity to the late Queen
Dowager, and the amtate the bth sod 6th WWI= IV.,
cap. 21, provided that an inanity wee not appor-
tionable. 1., the ewe of an ordinary anhoity it was clear
that it would ant be apportionable. The learned Llicitor-
General heel referred to several authorities in support of
hie proposition, and submitted that the present ease !lid not,
in airy respect, entree fr the: of an ordinary annuity. IL
therefore submitted that her late bleiesty's executor, were
sot entitled to have the rule made absolute.
Mr M. D. Hill, Q.C., sad Mr. Welaby followed on the

.
sue aide
fdr. Berkont listowether, is ourr.rt of the rale, con-
tended wader tlas set of perlianteut that the 'acuity was ap-
portionable. In considering the subject, it did not appear to
nits that Le diffcroi from his irieud in the princirks of law,
but surely as to th• it applisation to the present cue. Tho
ease of rent tali; g du, and only being payable on the particu-
lar day, had been quotod, but annuities were not similarly go-
vorned. With regard to the pr ..etne of conv.yancen,he did not
think that the court wou'd allow that pretties to affect their
construction of this act of parlieutatit. Many conveyancen,

however, were fa the hibit of insertion apportionment '
classes in marriage eettlemenM. la the cue of the Queen '
Dowager the annuity accrued de die in item, and therefore
he submitted that it should be made apportionable. All the
cues referred to by Lis learned friends might be distinguished
from the present ease, taking into consideration the object
that the Isar die had in view in passing the act of parliament
in question. He hid a claim, on the part of her Lee
M-j s:y's exweton,to proportionable part of the annuity
se mi.ng from the lst of September to the 2nd of DiCCCRI/tr,
1812. The question then was, what construction should he
put upon thee particular act of parliament, regard being
hat to the object for which it was snide ? With respect
to the first pajama there wee en express provision that pay-
meat should ha mode on the first quarter-day after the death
of hie late Hoje.ty, and the ease was to be argued as if his
sty died ..t the commencement instead of at the cad of
',porter. The intention of the legislature was clear, end
that intention could not be carried into effect it the annuity
were not apportionable.
F. Thesiger,Q,C., followed on the same side, and said
that be would confine himself to applying rule. of law to the
peculiar facts of the cue now under consideration. He eon-
teinied that the 4et of parlioment soul; be construed liberally
in favour of the grantee of the annuity, bearing in mind the
intenti .a of .he parties who wade this act et parliament.
It was intended to grant to the late Queen Dowager en
annuity that would eompoiee every period of her life
after the death of his late Ilojtety. Marlborough House
and Bushy Park ware granted to the executors for a year
the death,of the late Q seen Dowager, and these would
I Ls no funds to pay the expenses which had accrued on
account of thole mansions, if the annuity eould not to
apportion. d. The legislature, when they paned this act,
could not have loot eight of the contingencies of the ease.
When the lit was passed, there was no law to prevent
annuities being apportioned, unless there were particular
words in the grant. Tne question was, whet did the I, gis.
lasers intend should be the conetnaction put upon the act of
parliament 2—Was the annuity to be divisible or not? He
(his F. Mosinee) submitted it was, and that the legislature
meant to enable her late kl,leety to disitherge the duties
belonvir g to.ker ex ltel position. The question wee purely
agues:ion welt respect to intention, and tne construction of
the act of parliament that be contended ICI' was the sole
construed's:by which It could be carried into effect.
Hr. Nowak, Q C., Mr. Henderson, and Dir. Hindu,
addtswal the court on the some side.
Th • Attorrej-Grneral then replied; end
Lord Campbell said the court would take time to consider
their judgment.

BAIL COURT.—YErreRDAT.

&MINA IF MATOZ AND ASSESSORS OF KIDDI

Mr. Creosotes showed eau* spinet a rule tailing oo the
map! sad ameesore of Kidderminster, to piece on the
burg.. yen the name of Mr. Macdonald. He con-
tended that as the Municipal Corporation Act re-
quired a claim to be mad, in writing, and Is
a p titular ferns, which had not been complied with,
WI rule mad be dis:karged, but that the parties wove ale.
anxious I r the epialen of the curt epos the title of this
par.y, independent of this objection. By the Municipal
Corporation Act. 6 & 6 Wm. IV., cap. 76, me. 9 the qualiti-
' cation for the burgess roll is havieg occupied within the
borough for three years, sad having been rated to respect of
such occupatios to the poor rates, and having paid all such
rates, iaelsub g thenia all borough rates, it any, directed to
be ppaid ander the protisioce of that ger. la the borough of
Kiddarmin,ke there is also • lae,l act, ander which
p.,wirr is giver' to fee the owners of all tenements, "the
re-e or situ." of which is less than 101 per annum,
and for the landlords so rated to compound by paying by the
year owe third of the rate if the rent and value of the
Ithim-at is under 71*, and one half it above 7f. sad ander
101, with a clause that such payment shall not isterfere with
any municipal franchise which the tenant might be entitled
to. Is the present case the landlord wee rated, and the
tenement wu entered in the rate book, as of the gross
rental of 71. 101 , and of the rateable value of 6f.thil
landlord compounded, paying one third only. It wan now
contended that this was not justified by the 'aid act, sad
that the composition should have been at one half. and
thereon that there was no payment of poor's rates sufficient
to qualify the tenant fa the burgers roll, but that, at all
events, this composition did not extend to borough rates,
and it was SW,TO that there 11111 LO payout of borough
rates inapt by means of this composition.
Mr. Hill, Q.O was /lifted in support of the title of the
claimant.

Jade Ede said he would consider the question, sad
gin his opinion on ill the points rend.

COURT OF COMMON PLEAS.—YmeaDAT.
Samos ix &sox Bum' TEI Imo Cum acmes, Ma.
lenses CIIIIMIPTLL. ass MI. Juries WILIJall&
eil Jranci

Thole. reed Jape tocklis Neat shout bait an hoar after
the other judges had cone into wart, bat be wai obliged.
!dimly att.r to retire, In con-Neese% of indispcsition ; and
did no: »taro pin daring the day.
GRANT AND °TRIM e. NORWAY AND °TRW
LIABILITY OP OWNIIII or • Ship TOR A FALAI BILL
OP LADINO BIONEW IT TIM MANTON

upoa a special eau,
which stated that ia April, 18111, the defendant. were the
owners et a Teasel called tat Bill, which was Ilse. in the
dooghlev WM, Nicest', and was chartered by Kasen.
Bymiy, Huh, a-.d Co ,to carry • cargo of goods to London.
Oa the 17A April Henry Tillman, the master of Aa ship,
signed • bill of lading for 12 bates of rink stated to bus been
readout oa board on Imam of *sere Byerly and Co.
!Ma bill el lading was endorsed to the plaintiffs as security
fora bill of exchange for 1,684 t. 91. 2c1., wing was ultimately
dishonoured ; and it WWI then ascertained that tha silk had
sent boa sbipud at all. A. lidos was then brzught, and
the emotion now raised wu wbethar the owner of a vessel
woe bob!. foe a Woe stativisat madeis s bill of lading gad
ibe Emu.