The Express.
London, England, 1849-02-10 00:00:00

RAW lttelltgence.

EQUITY COURTS.—Yuirsatua.
Before the VicoEltsacedlor of England.
IN RI NOBNial'ef. CIi•kITT.—APPOINTIENNT oP TRU&
TESS WITHOUT • RNPERZNON TO Tut MASTER RIMED.
In this case it appeared that twenty trustees bad been ori-
ginally appointed fur the purpose of carrying out the inten-
tions of a testator with regard to a certain charity at Nor-
wich for binding out apprentices. All the trustees having
died, it became necessary to appoint new trustees in their
place, and a petition was consequently presented, and a *re-
ference was made to the Muter to appoint new trustee., and
to approve of a scheme for the management of the charity.
The Master had made his report and approved, of twenty
persons to be trustees. Since the report, Mr. Jerw, who was
one of the twenty, haying been murdered, it hadbeoome ne-
cessary to appoint another person in his stead, and an appli-
cation was now mule to the court to appoint another trustee
upon affidavits of fitness, without a reference to the Muter.
Mr. Bolt and Mr. Chapman appeared in support of tide
application.
The Vice-Chancellor said the same necessity 'ttM existed
for having a reference which had existed at the tfine the first
20 trustees were appointed. He should, therefore, refuse
tho application, hut he could see no objection to the convey.
'moo being made to the 19 trustees already appointed, which
would save the expense of a reference.

BRAHMINS O. THE LONDON AND MOUTH VIEATEMX
RAILWAY COMMA...AM.—INJUNCTION TO ZESTRAIN THE Da-
PENDANTS PROM CONTINUING AN EMBANKMENT.
This was a motion for an injunction to restrain the de-
fendants, the London and North Western Railway Com-
pany, from continuing to make the embankment on incline
in the coarse of being made in Bill-street, Bir-
mingham, and from continuing to make tho embank-
ment in the course of being made in Navigation-
street, in Birmingham beyond the point where Hill-
street crosses Navigation-street, and from altering the
level of Navigatiottstreet to any other extent, or in
any other manner than was shown upon the plans and
sections deposited under the act of parliament. The facts
of the ease were as follows : the Stour Valley Railway
Company, who had leased their line to the defendants, in
making the railway through Birmingham had crossed Nevi-
gation-strest, and had erected a bridge, in order to terry the
street over the railway. It was originally intended to carry
this embankment, only as far as Hill-street, according to the
plans deposited; but aa application was made to the company
by the commissioners diming of the town of Birmingham,
to induce them to extend the embankment, in order that
there might not be so steep an inclination in puling over
the railway. This the company agreed to do ; but for the
purpose of effecting this object it was necessary to
carry the embankment over Hill-street, and it farther be-,
came statuary to raise tbo level on both sides of this em-
bankment up and down Hill-street, in order to carry the
latter street over Navigation-street. The plaintiff was the
owner of several houses in Hill-street, Utast* close to Nevi-
gatioestreet, and by reason of the altered plan of the railway
company the embankment extended past these houses and
blocked up the entrant* to them. Under thus circumstance;
it was contended for the plaintiff that the railway company
had no power to carry the embankment further than the
earner of Hill-street, which was the point marked out in the
planes and sections deposited by the company.—For the de-
fendants it was contended that the length of the embank-
ment had been extended at the desire of the Commissioners

of Paving. It was not the wish of the company t0...5.t0t0
to they increased expense ; the act they had committed
was therefore neither wanton nor voluntary. It was fur-
ther contended that the compaay were justified in pursuing
the course they had done; it was true the plans pointed
out that the embankment would extend only to Hill.street,
but under the different clauses in the Railway Clauses
Consolidation Act, and the special act of the Stour Vale
Railway, this company was empowered in constricting
bridges to alter, raise, or suit the level of the approaches
theretoots they might think fit. It was expressly provided
that the ascent to any bridge constructed by the railway
company should not be more than one in thirty ; but
they were at liberty under these clauses to make the level •
leas deep, and for such purpose to alter the approaches to
correspond.
The VicoChanoellor said he did not understand that there
was an objection to the court dealing with this case on the
that the work had been done by the Stour Valley
y, orb reason of its having been done under the
authority of the • ham Paving Commissioners. This
he thought was the fair way of meWeig the matter, because
if he found a trespass committed by one person, it was no an-
swer to those who complained against the traipses that ft
had been done under the authority of another person. The
ease, then, appeared to stand thus, that by the act of parlia-
ment the railway company was empowered, subject to the
provisions of the several acts, to maks and maintain the rail-
way and waits ea *sties, and upon the lands" delineated on
the plans sal deseribed in the books-areferenee." It was
represented on the plan that the particular portion
of the line now in dispute was one which
must terminate at the earner of Hill-street. The company
had no power to carry the line beyond that point, there was
no question but that this had been done, and the company
rested their we upon the coercive powers of the paving
commirsioners. Upon this subject there seemed little doubt
that the commissioners were consulted in a friendly way, and
a sort of agreement was come to between them. Under
these *cams:mice& his opinion was, that the injunction mist
be granted.

Behr* VieeCiaasetkir Knight Brace.
1111 BRIGHTON, Lamm, AND TOXBRIDOM WILT.B DIRECT
RAILWAY COILPANT.—AN 0/IDIM 17NDEIL TON WIMDINO-
VP ACT PADS AN TEI CAI/1 07 A RAILWAY COMPANY.
This was the petition of a " contributory" to the above
company to have its affairs wound up under the 11 & 11
Vie., e. 45. The petition stated that the contruty wag
formed is Oct., 160, and was provisionally registered—that -
the debts and liabilities of*. company amounted to 3,8004
sad die melts to TOOL only.
Mr. W supported the petition, and said there was
so on to it.
The Vite-Chancellor asked if It was clear that the corn-
row fell wftbia the messing of the act ?
Mesa mil that the 11 & 12 Via, o. 46, exprenly
riumud M cep gmagaeiss within the 7 & 8 Vic., c. 111, and
dist, Sinedg di* in the latter act
_was
.n easy swie sr =1,8=1641 or at any ;there
Aar aisedred hsgsther kw sky deinmercal or trrding pur-
pose swgistered seder 7 &8 Via, a 110, and comprehended
with's die dellaititm thud& contained of a joint4todr
leift"Wisirdbenadler mid be had held it not clear that an
insimease empty was emesiated for trading or commercial
pups ses, mal bed refused to
pay. Dot a dalltray
width! the Moths&
podded ought to be served
of the ethapsy.—Mr. Wtitt
due at which the petition
of the lrln N 7,* sad
af the fe.
be &Went to serve an
of MOO member should
was understood that -
abler should be drawn

002CULI:oiluST end might hil,
, however, said that the
item& nt ths easels on some number
r. 11111 pas mid than was •
*hiss smslibe • .
segsistsi tire • • —•- • •
6.46; it wadi so•• r, • ;
any sessiltst, s ' , :
ald b• reamed
Ca feadpaila •
s up. 94 10144..' •
r yr:;1:.•

RItPATINT ELASTIC PATNNIN N T AND KAMPTOLIA
COKPANT.
Mr. Rawll era Mr. IWO ebtalart M prides a similar
mass is le SW company.
Ex PAM= FUR= —INFANTS' KAINTIMANCS.
Mr. AMON toppetied the ;whim be this one seeking to
awe as elberres far the streamers of lariats oat of the
divideade el a rasa ear paid iota mart by the ortatis.
Wear d Greemetek Normal. r the rue of a rearatter
ia fea la SINN hoeheid pteoerty. Ti. Ws agate if the
Whet of the lalholo bM loos mimed espeastely. sal the
=t roe lishei to 01l hie Whim. It ma the woe-
ef dividmie w ski Or at the reveres rat of
rill tai itshilewtoe too sewed. —The Vier Omahas
thet the dreasstaess of the wombat of &Urea
spin loreetio. preolosed say ceder being node,
ewe es wise swig be media fraralxkostlY of QM oir-
aeraboase.

Plan eleathreethor Mins&
VIM= IP. Waal' --Quaariox or Parreniarlatr.
His Roma, adhered indgmest in this eau the srgasisst
la whisk was hoard in Dumber lat. The plaintiff sad
ththateleas, who were both solidus, had acted pr tlessrosally
Item May, 1646, to November, 16111, for the FLetwood,
Prestos, ant West Riding Junction lisilway Company, sad
the queatisa was whether, by the terms es their appoint.
mut by the pi:whitest anumittae, sad the understanding
hawses theragelvee, as shown by their mode of doing bud
um far the eengssay, they were constituted pertain with
minus to ease bushier, and entitled to parthipate equally
In the profit which hal arisen therefrom; or who:bar
sesh was eatided to be paid kr that portion only
of the work whisk had bete wholly done by him,
self. The company's bill of coats, amounting to
4,46 W., bad hien paidi to the defendant upon his
gnareates to shit the plalatife claim. Of ti is. MK
Was the snout alleged by the defendant to be due to the
ettria rupee of that pert of the huhu which had
aneasted by hins.—Ha Hoeour, both Fatties having
daelinsd an bete, made an order upon the footing of an im-
plied eintrat for a partnership, for a referent■ to the Master
to take the amounts of work done by the plaintiff sad de-
fitsdant respectively for the company while Wisp as their
Met sanitary, with a direcuon that the Master, under the
bead of jut allowance's, was to allow either party a per
011atage of 26 par cent. upnn such part of the work as had
bees dose separately by that party.
Calirr.LLl ir. COWL AND Oman. 111117NCTION To
=MAIN ?RI BAllasio OF A Bair.
Mr. Wood was heard in reply ie this case, the facts of
which appear in oar impression ot yesterday.
His Begone, at the (Quintino of the argument, delivered
judgment, observing that the plaintiffs appeared by their bill
to hay* entithd there Ives to an soseant as against the de-
fondant Cook, but that such shout was entirely usual-
muted with the sailing of the ship which had ban restrained
by the injunction, whkh it wan the obi• et of the present
motion to dimly& The plaintiffs, had they 1 stablithed their
debt as against Cook, 'eget have restrained his departure by
writ of as sweet regale, but would Dot ban been entitled for
that rearm alone to restrain the sailing of the ship. That
being ste, and the respective shares of the different pri-
mmer' being dearly entertained, sod their tithe act in
diva* the gayeties upon the moths nest les lookod
at as if no easout had bees sought by the bill.
Oman; that to be the ease, and that Cook bad psoposed
to sail without the 'Gamut of his oo owners, the Court ot Ad.
Unity had slowly jarisdictiot to restrain him. It had been
said that this emu had for that purpose a conctureat juris-
diction with the Court of Admiralty ; but all that was mum
by that was that this sour% when it interfered, would de
exactly whit tlie Court of Admiralty would do, ant nothing
more. That rule bad been sunned in the are of "Hely v.
Goodman" (2 Merhale's Reports). baton Lard Eldon ; and
no ease of a unwary tenor had been cited. Now, all that
the Court of Admiralty would do was to restrain the sailing
of the ship under the wen of pert only of her cowmen,
until security had been gives to the .Pjwantients for
her return. A ease of that kind was not, llmrever, made
by the bill u against the defeadants, other than
Cook. Prom them ao security was asked, but the bill, on
the contrary, alleged that they concurred is the views of the
ph/utak and sought ao relief as 'retest them. That ease
was also displesed as agaiast Cook, who by his answer stated
that be was • part owner, and had been willing to give se-
mirky. The pialatiffe, therein,., were I. the dilemma
either to have their motion dismissed, or to some to the
smut for relief mare ample than that which was sought by
their bill. They were, ist het, asking, uelatively against
defendant oak, relief to whisk they were Weedy sot
outlaw'. His House than made ea order, dissolving the
al%
unctioa, without imitate" to say ether applioatiou the
*h might be advised to make ; bat without intimating
say opinion sprat the goestioa whether the court would
grant an itjusetisa is sash a sues.

COUNT OP COMMON PLIIAB.—TUTIMAIr.
Maws ta Beam.
Nevue.—Reime Chid Letise wade and a fipmela rum
PAILS.' V. Tau Oscar WISTRIN RAILWAY COMPANY.—
MUFF or CRAIOI/1 FOR TRU Citation or GOODIL
Mr. fiejegat Talfourd, Mr. Wines,. and Mr. Brown, sp-
Ergit the plaintiff; Mr. Martin, Q.C., an Mr. Hoggish,
defendants.
Mr. Tanned, to opening the *hairs ere, said
the Mr. Riehard Porker, carried ea balsam as a
in viruses parts of tie west of Beglead, and this
miles erm brought to mover back as aggregates= of 2804
odd, whisk the phiatiff alleged the delineate had over-
'barged him, is petty muns, for the carriage of goods from
finis to thole between the 10th if laaaary and the 131 h of
September is leat year. In late years, when railways had
become the raiziateneanime through differed pais of the
coantry, the bad restricted them as to the rate
Om were esti dto charge. There was a certain mergia
allowed to the Great Western in the acts of parliament &f-
-isting that emptily for the transit of goods ander 800 lbs.
might;e above that tag wen house to charge ell herMajestrs
at as uniform rate. Mr. Parker had ineceesfelly
mimpleimed, on a SWEAT ecessten, that each equality had net
been observed towards him. He then claimed to be allowed
to pack a amber of small raids into one mass, in the same
way as it wan permitted to wholesale manufacturers, that
having been denied to him is carrier. The rani
eVirlarker's semis on the Lauer oeoesicn was, that
some aridifications in the ccmpanys tariffs were efts/wire
made. He now spin complained of the unequal opera/Ma of
the company's taupe*. It appeared the Great Western
Company from dine to time issued malelsills, containing the
Mee for themrriage of parcels, and the tonnage rates for
the carriage of goods,. In a tariff issued on the let of Jan.,
1848, then were different classes given to which differsat
raise applle./, omega which one class was headed " mkt-
eallaaeoss. There was another tariff tented in June
elf the same year, maths a somewhat different clas-
sifiedsa of aberges. Kr. Parker ooateaded the
anew had no right to add a miscellaneous
ph„imil that where several parcels were packed
Ms temp clause and net the ping clause la the
WIZ=
Thleateriallf bed reit the eseepsy whet they
protest, eiersafing they asks did
am, that die WS wore
of
down fp seuediese edit
tin }midges if the net of reamer, end eke were net
rightly WA arm To pay wart rebel afterwards
beteg ea miss wee the 'sly seem ipm t Ik. pliant
There were 14NO sr 11,000 Nuns is taw swans of ever-
dorm se to el etwhish ea *pia weld erns.
As ionehnien et the laud cranny's address Yr.
Idertleon belated the einspens,, *lamed tine wee not
ttightesit wish in the pen ef his elan to exceed this
a rate se Mat the dskedeats were es
easieee es the p 1 Mosifesnid bete have the sale of
eeleilatlia se be edeasisakwelai their tariff jadieially
*smarmed; bat is lave a jury into the minute
warm of tarn end ebb.' wit an Inweigaties
ergund to him as 01
agretrimaiegilaltiat tler dielast evevlß—Tbe learned
J that le hie the sine senate of feet
mai blew eselltl~ ly es silitrator, to be
alierweeds Ineurist before Ile old wee a
we, end le sell se Am eienistlen ItZS
urn sew enridenes wow. Also sew
afraid= hen*, latime
ia pen., who weal
ass bar of in sehluatisa mil en titbits*, ete bis
tits was awed sod eyed oree, ibe ireggeslien, Malin&
drif was afeptlf, wisiy, Mei Ile mew intim et hit
abeeld be Wad by en estisiesn 112;:lianrent Ibe
'Where Cirselt) se be the essuritNE
==when 1
IMS news VW ef
awl AIMS bee in Mese aderlai by Ile
Weelera &twig taus fissikacitibile UAL
Tie edam sellery erine,rlhr paean wit eff,
end levier dispiseief the leilillen jiffy ems is tit list,
Thiel preyed wholly destleare et esairel lama, the awn
rise at ea early bees ia the efliesion.

COURT OP BANKRUPTOY.—Takseasx.
Perm Mr. Omesiriarr rear.
Ms PLarcaza.-Tua trwitia Mart MID Ihrizsir 00M,
COMMIE".
This was the darappleasd Mr the eardassto mestink
-theme at Joss* Oafs Masks; sealasal=st Omar
%with, who lastestedanasamor ke emegoar.
•the sedge et wlaltit hembess brousitt, to tine, balers
-the pablls.—Mr. Maw. toe the win, Wad for sa M-
andl ths estate was ig
elleamis about h. The bankrupt liadMmlieldfulthet his
la trade, i.liuO. for SOM Os th• seal eempeay ; sails
wasimey baked ta. sayer vs would bs reaUsa.-11r,
11•11••••.... k• ah• alokmiss akithere was so doubt the
• eels wows be rooked ; seeshbal stbilk Ikea by the
a wi fre. RI at tad& washl be paid; wok under
tD wen etrewMea.oy be reasersod to ea adjamweatt.
m etas. die Ashman at the seaway sad essegtor et the
bib ? had beaks bealwapt ; aad there was the mums* et a
OM Ida utak
110°
k Atroggsersd t.mak it Mr. Poem, esslawaer,
a sal Mar, the whom theht~ had acted as agent la La&
doe, and who had bees is ik lag karma owlhely omitted
Aar tbsbehassulwaL tw.t dismal the kaki's adk
kale 1 tack's melmmirmeta; sad 'kw that the
wouelliektre It. ths bsoktuzz.....:o:B•4=
ma silk marmat, otter orkelks his own he this epglier.
tiaLA =mbar of miasma had t up hew
Durham ; rem notate msMil he leassed by ima ad.
konmstat.
Sas Ha mar said Set 9 OM MN mars -skis than him-
NM • t the evil et
lit-lawra" ""willp hat the aim at ma, to;
lau.M mks* spirt the ffi,t bstrp sbupd with am-
bs&•••••••
Mr. PRINa dated that the Ist doted 11th haw lad wrt 4161
sh. bow ksact% emu pedtka ; ow at the asas was his
andissqa •low. la 1516 he bad boa impeks meet to Kr.
posse.,the eataidte 8021 mut is dm meth of Raglandat
a sal=o.4:3Mll. a Fur, atm aa sour bold;' be
was I "a" I. Aril Wt. Re bad
boat la the 11..
_ll4 a wet* ash aossuac but
ao stemma of Lwe gramme deals nseitad sad sold la
kis carroaled bola ykabost he teak Mr. Pesos a &boss la
IW. Tim ms= 11111 Ora aslosisd vigil as bad ast
somied Its mew 0111704; tr wimma dhK ensivai
1: .1 . ,
• ei.l r - II I

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