The Express.
London, England, 1847-07-05 00:00:00

127
Ati match.

...
MaRTLIBOII7 CLUB V. ETogleNB.—This match termi-
nated in favour of the Club, by 81 runs. The sane was as follow .
MBoothoon.
EFagsq.,., b Aitken, nil .. ... run out 0
P. o Coleridge, b Blore b Aitken, ml
Ron. Col Liddell, b Muir, Ed ti Blom 9
F. Illoldethiralte, P"., e Bait b
Blom
B. Kynestoo, Egg., b More b H. Aitken. 0
L. Bayley, EN , o Eul, b Aitken,
mi b Blom 33
O. Tame, Esq., b Bkee
C. Coleridge, Fag., b More b H. Aitken 29
F. Coleridge, Esq., c Demon b Blare 1 bH. Aitken.. —.... l3
Williamson. reg., b Aitken, ml. not out . ...........
Sir F. Bathurst, not out
Byes, 4; wide (Aitken 1, Blare
4), 3
Aitken, 1 ; gley 4,
37 Blare 3), 7

WOMAN& 1

Barnett, Eaq., ran out .— .
c Bayley, b &one
A. Coleridge, Fp., b Yong* run out 1
H. Blore, Enq., b Yung, b Your
J. Aldan, Eq. b Yong, lb w b 1it0na...... .... 0
N. Streattleid, N., run outll
T. Demon, Eaq., Yonge
H. Aitken, Esq., b Yooge
Thomism, Esq., run out
Earl, Faq., not out
b Tome
Antrobuu, Eaq., not out e Liddell, b Emile 1
Bayley, PAq., b Bathurst .. . .... not out 0
Byes Byes, 11 ; wide (Tome
7, Booth 1), 9; ao
tell, 2 2l

lato Enteittgente.
EQUITY COURTS.
Wore the Master el the Rolls.
WILLIBLEY O. LORD MORNINOTON.—Mr. Kinder ley
moved in this cue on behalf of Lord hi ornington, that an
order made by the Muter of the Rolls to take the bill pro
confesso might be discharged. The Master of the Rolls
thought no sufficient grounds were stated for the motion,
and he refused the application.
His Lordship rose at II o'clock, after disposing of a few
other motions of no interest.

Before the The-Chancelkw of England.
BALDWIN O. DAMER—PRACTICE—MOTION TO DISMISS.
—This suit was originally instituted for the purpose of ob-
taining an injunction to restrain the directors of the Great
Munster Railway Company from dealing with • sum of
21,0001. The injunction was refused, and the bill had not
been amended within the time required by the orders of the
court. Mr. Hubback now moved to dismiss the bill for
want of presecution. Mr. Welford opposed the motion, on
the ground that all the answers had not yet been got in.
There were sixteen defendants, and three or four had not
answered. The reason no steps had been taken to force them
to answer was, that negotiations had been going on between
them and the plaintiff. The case of "Arnold v. Arnold,"
lately decided by the Vice-Chancellor was cited in support
of this argument. The Vice-Chancellor said it appeared
that the plaintiff had grt in some of the answers, and then,
instead of compelling the other defendants to answer, he bad
gone on negotiating with them, and had, therefore, wilfully
delayed the prosecution of the cause. He thought this was
• 1:260 in which the bill ought to be dismiwed unless the
plaintiff would undertake to proceed within three weeks.
GOWER O. BENNETT LIBEETT TO PROSECUTE AN
ACTION AFTER TEE APPOINTMENT OF A RECEIVER.—
This was a suit for the administration of the estate of a

testator, who was the tenant of certain leasehold houses,
over which a receiver had been appointed by the court.
The property haying been allowed to fall into decay, the
landlords of the premises, who were the churchwardens of
the parish of St. Andrew, had brought an action of eject.
ment against the representatives of the testator, en the
ground that the lease had been forfeited. Mr. Roundell
Palmer now moved for liberty to prosecute that action. Mr.
Bethel) and Mr. J. Palmer opposed the motion, on the
ground that an action of ejectment could not be prosecuted
after a receiver had been appointed, unless with the sanction
of the court, and that this was not such a case as would
induce the court to permit the action to he continued. Mr.
Shainer appeared for one of the defendants. The Vice-
. Chancellor thought that although the court was bound to
preserve its own dignity, this would not be effected by pre-
venting • person from prosecuting his legal right. The
I action, it appeared, had already been commenced, and he
did not think that justice would be done unless he were
allowed to proceed with the action.
BUSINESS OF THE COURT.—The Vice-Chancellor will
not attend court until Thursday next, in consequence of his
presence being required at the ensuing installation of H.R.H.
Prince Albert, at Cambridge.

Before Vice-Chancellor Wigram.
WARD D. KET.-111111:NCTION.-11pOR an application
being made, in July, 1846, by the plaintiff, a musical instru-
ment maker, to restrain the defendant from manufacturing
and within a particular description of kettledrum for cavalry
bands, and thereby infringing a patent obtained by the
plaintiff, the court made an order retaining the big for a
twelvemonth, that an action might be brought to try whether
there had been an infringement or not.—Mr, Romilly and
Mr. Mslins now applied for an extension of the time allowed,
en the ground that it had as yet been found impossible, from
the pressure of business in the court of law, to have the ac-
tion tried.—Mr. Wood and Mr. Hetherington opposed the
application, insisting that the delay had
.arisen from the
plaintiff's neglect, and that, in the meanumet the plaintiff
was injuring the defendant's trade, by limning in the Indian
papers advertisements misrepresenting the effect of the order
made.—His Honour directed that the time should be en-
larged, and reserved the costs of the motion, but said that
the order must be taken without prejudice to any applica-
tion the defendant might be advised to make with respect to
the advertisements.

Before Vice-Chan:elks Knight Brute.
BEAUMONT V. MUNDELL. CHARITABLE BEQUEST.
Thomas Barber Beaumont, by a codicil to his will, dated
May 28, 1840, reciting that he was about to found a philo-
sophical institution in Beaumont-oquare, Mile end, for the
purpose of affording persons in that neighbourhood the
means of meeting together for mental and moral improve-
ment and amusement in their intervals of business, freed
from the baneful excitement of intoxicating liquors, and also
for the cultivation of the general principles of natural theology
and the wisdom of God, leaving to the different churches
and sects the cultivation and pursuit of their peculiar tenets ;
but that, inasmuch as he might not live to perfect such in•
stitution and the endowment thereof, and was desirous of
advancing the great end he had in view, from the love he
bore to his fellow-creatures and his gratitude to Providence,
which had enabled him to acquire the means therefore, be
did, therefore, give to Dr. Robt. Fellowes, Dr. Elliotson, and
three other trustees, 13,0001., free of legacy tax, to be paid
within one year of his decease on trust to apply the same for
those purposes at their discretion, so that the whole fund and
thdincome thereof should beapplied for the benefit of the inha-
bitant of Beaumont-square and surrounding neighbourhood,
for the purpose of affording them intellectual improvement
and rational recreation and amusement by means of libraries,
access to reading the newspapers and journals, lectures, ant
other means for the diffusion of useful and entertaining
knowledge. And the testator authorised his said trustees
from time to time to determine the person' to whom the
benefits of such foundation should extend, and from time to
time to make all by-laws and regulations necessary to carry
into full effect the objects lie had propounded according to
their visit, and not the letter; and from time to time to
make all by-laws and regulations to meet the advancing
spirit of the age, and the exigencies of the times, so that
what he then founded might not thereafter be perverted
from its real objects by a servile adherence to rules framed in
ignorance of the increased knowledge and future wank of
mankind, and he directed that the institution should be
always called the Philosophical Institution.—One of the
trustees died (Dr. ELliothon), and three mere retired ; and
the present suit was to carry into effect the trusts of the
will.—Mr. Piggott appeared for the plaintiffs; Mr. Bag.
shawe for the trustees; and Mr. Wray for the Attorney-
General.—The court declared that the trusts of the will
ought to be performed, and directed a reference to the
master to inquire as to the investment of the 13,0001., and
to approve of a proper scheme for the administration of the
charity.
Tux PRINCIPAL AND COUNCIL Or THE QUEEN'SICOLLEGE,
B t lIMINORAM, V. THE BIRMINGHAM, NVOLYBEHAMrTom AND
STOUR VALLEY RAILWAY COMPANY.—INJUNCTION.—Mr.
Terra, on behalf of the plaintiffs, moved for an injunction to
restrain the above-mentioned railway company from con-
tinuing their excavations under Bwallow-street, in Birming-
ham. According to the afildaviki tiled in support of the
notion, it appeared that the college holds certain property

abutting on Swallow street, and consisting partly of • house
and shop No. 16 in that street, occupied by Meters. Doley
and Wilkes, plated ware manufacturers. By the railway
act the company had power to make a tunnel under the
street, croesing it obliquely in a line nearly under
the shop. The soil under the house consisted of loose
earth to about seven feet, supported by hard sandrock,
through which the tunnelling works were made by
means of blasting with gunpowder. According to the
plaintiffs' affidavits, the street, in consequence of these
works, could not be passed without danger, and from
the explosions of the gunpowder, the house and shop had
been seriously injured and rendered unsafe, so that the work-
man threatened to leave the premises. The company had
C7irether booms in the street, but refused to buy this.
eeln.l ea Os Part a( the co, 'Patty, that en appear-
once bad be entered for zne Mr. Terrell con-
tended that the talumnion should nevertheless issue. A
hens and v-rs tad Sunk through the roadway within five
'iards of the house, and the smoke of the gunpowder had
come through the aperture. The Vice-Chancellor said that
the operations appeared to have produced a kind of artificial
imalbgnake, and that as even railway acts did not permit men's
Mom to be pulled about their ears, the injunction must
Ma to rennin the company from proceeding with the con-
firm** st the tunnel so ss to destroy, damage weaken, or
Widen with the house and shop or the foundations thereof,
and also from doing any act whereby:the house or shop miligt
be injured.