The Express.
London, England, 1851-01-25 00:00:00

1111311. THE COMMISSION.

Mr. Ro'.t, with..4;sn;;;lir7Shaccwell, raid that the
petition which had been Nome time ago presented on babel( of
Mr. Dyce Sombre had had far its object to obtain a re-esami-
nation of his state of mind by English and French physi-
cians. So satisfied, however, were his friends now of his
sanity, that they thought it better to apply at once to super-
sede the commiesic.n, and he (Mr. R. 119 therefore asked for
leave to amend the petition by elastituting a prayer to that
effect. When the petition was so amended he would be ready
to move in it on an esrly day.
Mr. Bothell, with whom was Mr. Gifford, for the cim-
snittee of the person (Mrs. Dyce Sombre), said the lunatic
had been lately travelling over several countries in Europe,
and it would be necessary, before the petition come on for
hearing, to put his lordanip in possession of a knowledge ci
recent facts, which would be material for disposing of the

_
petition.
The Lord Chancellor gave Mr. Rolt leave to amend the
petition, and gave ten days to Mr. Bethelt'a client to prepare
effidavits, with en understanding that the petitioner should
have time to answer them, if necessary. His Lordship
added, that he would ask the Master of the Rolls to sit will
him at the hearing of the petition, for fear any bias in
favour of the petituner might be ascribed to him, in conse-
quence of having bsen once a counsel (or him.

Baron rim Mama or reis nowt.
ORD IP. FARILIN.—WAIRFIRLD CORN MILLS.
Mr. Lloyd moved, on &half of the defendants, to dis-
solve the injunction restraining them from selling meal
end flour in the town of Wakefield not ground at
the plaintiff 's soke mills. The ir.junction was granted
in March last, when the clurt put the plaintiffs
on the terms of bringing as action to try their right, which
depended on an alleged custom to bays all the flour used in
Wakefield ground at the plaintiffs' soke The ground
of the present application wee that the plaintiffs had been
guilty of improper delay in bringing their action. It ap-
peared, however, that the declara.ion had been served, and
the defendants had obtained time to plead, and under these
circumstances his lordship refused the present application;
but being of opinion that the plaintiffs had not used proper
diligence, he ordered them to pay the costs of it.

COURT OF QUEEN'S BENCH.—YESTERDAY.
BernNoie a B1:41:0•—lArtna Itotu CANWILLI, Ma. Jusn,ci, l'Arruoir,

aau La. Jferncs COL[6ZUG[,

The court was occupied the whets day with t►e eases in
the special paper.
BOIIISON V. SIM/TR.—ACTION TO RECOTKR. 1)ael•Oie

VOit SLANDER.

This case came before the court on demurrer. It was as
action to recover damages for certain slanderous express ous
uttered by the defendant to the prejudice of the plaintiff's
character se a man of business in las capacity of a stock.
broker. The defendant p!eaded a justification in respect of
the specific slander, and also a general justification. l'o this
plea the plaintiff demurred, on the ground that it was imam-'
terial and not neoessiuy.
Mr. Peocock,Q.C., now argued in support of the demurrer,
and Mr. Phipson against it.
Lord Campbell was of opinion that tha more advisable
course would be to amend the plea.
Counsel wanted, sad leave was occordiag:y given for that
purpose by the court.
BUSINtaII or run COURT.

By a notate intitilinll, Woes ,artd;Wn for appeal from the
county marts will be tabor on Monday, Feb. 17.

COURT OF COMMON PLEAB.—YEaTELLA.7.
amines ra Bastas.—Bssoas rn■ Caw Jusrics, Ma. JUST:ZS
User; U. Seines Chi...WILL, •cu Jusrics Wismar.
DOB Dill. BAIN BILIOUS V. BA INlBlitool...- lUPOkTANT

WILL CAB 6.

This was an action of ejectment, directed by the Muter
of the Rolls, to try the validity of a will made by Thomas
Bainbrigge late of D aby, d. ceased, in the year 1818, the
question being whether the testator was of sound mind at
the time of the execution of the will. The cause was tried
at the last mina for the county et B:afford, before Lord
Campbell, when a verdict was burl for the 1 ssor of the
plaintiff, thereby inveli:ating the will in question, and
establishing • previous wi.l, made in 1815. Mr. Keatiog,
Q.C., obtained a rule for a new trial in Michaelmas Term
last, on the gronad that the verdict was against the
evidence. The case now came on for argument.
On the case being called on,
The Solicitor General raid he wished, before the notes of
the trial were read, to take a prelimicary objectien, and he
would submit that the matter had been improperly brought
before their lordships; that It was iu fact, at present, coram
non jutlice. It was an scion of ejectment brought under an
order of the Muter of the Rolls, who had rsserved to himself
all further disposition of the matters connected with the cue,
and a role for a new trial should have been moved for before
the Muter of the Rolls.
The Court were of opinion that, if it were so, an injunction
should have been applied for to the Master of the Rolle ; and
this not having been done, the argument mutt proceed.
Mr. Justice Wi,iiams, as plume judge, then read the
judge's notes of the evidence at the trial, which lasted the
whole of the day, the trial having led live days. The
property involved Is of large amount.
The SoheiteuGeneral will show cause spinet the rule to-
morrow (this day.)