The Express.
London, England, 1865-03-28 00:00:00

'ARCH 28, IWib.
• . • 11.. t• 1

EQUITY 001JR111.--/dmica IT.
(Mare the Master of the Soda.)
NORM= 0. Mi.
Hie Honour gm judgment to this ease, is which the
question was whether • sale of Repmt7 sold by asesioa at
the Mart, in the City, wee •oid for " puttee." The facts
were that the vendors fixed the price below which the pro-
perty was not to be sold at 3,6001. The auctioneer, one of
the firm of Meuse. Norton, Haggett, sad Test, thereupon
employed one person to bid, end spinet the biddies; of that
person the auctioneer himself bid till Um stun offered had
reached the above amount. No edema, sou attempted by
either of those persons after the 3,6001. we reached ;
to-
deed, but one other bidding we subuqueetly made—
via., that of 601. by the defendaat, who sow to to eompleee, oa the paned that the sale was
acid for puffin. lib Himont said it was well known that
the decirione as law sad thew ha equity were in tootling on
this quartos; it was aeolesary therefore to impure what the
priscapl• wee by which in equity such a question wen de-
tormiaed. It maimed to rest on this circametwas : a man
espied is as section brooms* excited by the opposition of
a rival bidder, and consequently Is the fervour of the
moment frequently bids more than on reflation he would
like to give. Now equity ausidere it unjust sad • species
of fraud to take advaatage of that ;wind* hi human
mature in order to 'chance the calm of property, sad where
It wee appealed to the sale wen bad, but suertheless the
vendor was perfectly at liberty to fix • reserved bidding, and
employ • person to bid up to it in order to must the
property from being sold for less thou its stemma value.
But such a course was not allowable if it were to
in the pef.tioulers of sale that the property wee to
De sold unreservedly, _" Weems unreservedly meam
a tale, without my dietinotion or question, for the
bed bow fide price obtainable. If, however, there were no
inch expression it sou implied that there we s reservation
as to prim, below which it would not be sold. The moult,
hie Honour thought, of the emen wee, that if the Was; at
the sale was only to flx • marred pries, and he
to induce
the person who was a boos fide sirehaserW me up ley that
species of animation produeed br WOWS than
he wee willing or desirous to give, if it did sot Her
that It wee a fair sod legitimate promediog. M
eassiderod this case fell within that rule, sod that it wee,
therefore, • good ad hem Motels to the detendaat. wee
a matter, he added, of considerable immrtawa,
_and It wee
laftly desirable that the principle should- be aad.. That it
ht be so he should decree speak perfermasee—orwr to
plaintiff up to the homing.
Mr. Bagrallay, Q.C., and Mr. Steer for the plaietiff ;
Hobbes** Q.U., and Ms. Beek fat the delesdeat.

THE POLICE COURT&
GIITLDHALL.
William Bea, • jobbing butcher, carrying es business Is
Lsicesu, was semm Were Mr. Alderman Flesh, fee
that be wee the person to whom did baling four quotas of
bad which ware en the Nth February, BM deposited is
Newraternarket for sale for the food of man, the mine
being dimmed, ussosnd, anwholonese, and unfit for human
food.
Mr. Baylis appeared to prosseot* for the Oronabolessre
of Sewers.
Mr. Baylis mid—The facts of this etas, sir, are that the
primmer, who is a jobbing butcher of Lemons, purchated
• cow which was to calf, end had 'bun ill for some time,
from • Mr. Thomas Fordo' milkman. This cow Yr. Ford
bad boeght some twelve months before for 161. 10m, and it
Yeti/shales sick two veterinary SUWON were sailed in. and
after some weeks the prhosor oellod and perriosed the
sow fir Ns., having Is. tobused to him for good lock.
Tbe beset was ties takes to the Dna Cow, •
kind of • public slaighter.bouss is Leicorter, wser*
it was killed, drooped, peeked, sad lathered to Mn.
Arthur SUars, moat seleiroas. is Newptirmarkel. That
the mint was totally oats foe human food the uidesee
ha
shoed bring forward would fully pram and that the cow
bad bass resriog for lug time from lung disuse, asd
then wee a died calf inside her, and, ego Imo been ces.
Tided of the same dhow at Laiorater, I then silk yes to
said him for trial.
Kr. Alderman Finals isle—This is • had mar•
that yea have bees balers convicted at Leimett=
same auto.
w
sot for beef,
Primmer mid—No, that was it as for a
aelf, sad an this bad eseassed through him knowing sotbfog
&boat mes•
Mr. Alderraan Fieste—l einsot believe that. I think
von know perfectly well the difference bottrua good and
bad Wilk and as he • very char case I shall mead lot to
Frisco for three smooths withestr be *pass of • tina.

COMMONS AND OPEN SPACES ROUND TEI
METROPOLIS.

''After our report left an committee-room reti
dae-
Earl Spews; recalled, staled ha reply is questions by Mr.
Cox, that he had sass pascal as akar as • por-
ticos of wpbs =irked WM Hs bad sem
quoit playas at the Mies red by the Biles. lied
sot sees say prim posted werniag penes* spar
tact as the ammo& Had sever gives or for tir =
of such uoticea, or any imerectione respectieg
The simile led bees interfered with on aceoutt7ll%
borer treepassisg, bat they had sot bees prosseded spier
personally for treepariag.
The Ilea. E. B. Wrottealey, examlsed by Hr. Bear—
Resided at Prom at present. Forzberly resided at Buses.
The feriae of the ithaterate of Pa rsoi is emanimous
agaisat Earl Epsom?' apportioumeat of Wimblerton-onn-
ma. Parise the lest 30 years the commons at Berme
sad Aram had been much frequeeted by 'gneiss. A few
years ago steps were takes to put as end to the annoyance,
sad two keepers had been appointed—one by Earl Smear
and the other by the inhabitants of Barna. These two
' keepers had bee sufficient to exclude the minors. Earl
emmeer's keeper bad jurisdiction over Putney -conamon., and
the Gabor memo' was locked after by the keeper employed
by w ishabitaste at Barnes.
By Yr. Locke Siam—There was so difficulty In keeping
the "there off the common` ithout the erection col • four
Two sea and the mpabdire of about 1001. • year thee
Wimbledon would be quite sufficient for that purpose.
By HZ Om—Never beard of any onediag bong nth.
to spire* any pence for ethos dem or thorn' spa
IM muss, sr at may perm betel waned spares dreg so.
Lard Ebbe, Y.T. called and examined by Lod Bury—
As A
Asthma of the National Ma Association had obtaised
leave hem Earl Sperm to erect betas oa Wimbleks.
ersearra. It rested
thategesemee ont
as
ff
Eari S thesal
puagreeme ment, sad they were
Marl by Misted oa Melba'
the bars. It was very sweetie! is a eatiseal point of VW/
*stria sapooistion thould bare the opportunity ot sortie'
butts oe Wisableclosaramon. fie might state frankly that
Wiumbledoe..x.mmon we. riot oily the oily place mar
London, bat the only place in Great BMus, obese
the National Elea Armistice could bold their
mesangs. la the year 1860 it was caceidered derrable
he term that moor oa the priniple of the tiring-
tem' ameciatione, and to very the places of holdiN the
mestitho But that idea was act carded out, mad Epsom,
Woolwich marshes, and venom ether localities were la-
hat anthraces-mama was aossideged the meet
Ztpleas, sad Earl firmer was quite ready to do evegy.
this' is his power to facilitate the movement. Doing the
live years of the otist`
far dralusge and other papoose es
Wiethrimeuttiase 4,0831. 3a. Id. That expendium bed
We the remet inartely better as a pities of mareetiom.
la many plates it was marshy sad swampy, gad the reads
which bad been cosetruoted WWI of the 'restart public re.
vice, lathing at the voluntary 'movement as • asthma
measure, he ceesidered the National Rile Amentiatios set
only desirable and saossaary, but absolutely meential, sad
behoved that if it ceased to exist the twenty 11•11).
entree would fall off. hie opiates. if tiwy
lost Withisdoememmos they would altogether lose
the Nat West Bide Areelares. It nut oar sear
Leades„und so place seer the sestiopolis wee so math
able as Winthisdos-eommes. The
part bad coesidrable
rights cm the mamma, mad as a ef the pubs the
velveteen were maioly interested is mahatma* ft as a
Ore d reenatioa. Be believed that Earl fipeocer pre!
posed to ordeal the esiermost seder truster. He (Lord
Bioko) bad se MOOD to aispprers of the bill ; bat aschair-
man of the essociettem it lad sang bees Weser Ware
him. As imageries had pee &breed that the bill me
brought in with the esseorreece and privity el the Nairobi
Rifle Association, bat that was set the Bass, sad they had
norm" to do with the bill. The Itifis Ameratien were
admitted to tba see of the common as a ponies of the public.
As me of the public be bad played at golf ce the commeon.
and believed that withasms matemplated would ban the
sleet ci improving AI ose cf the public he should
object to a high maims. He bed urged Bed Spemer to
keep up the wild abate
of the place. As regarded
beam a rough split post bed rail fame, to prevent sheep
from ntrayies, was all that was required, sod Is his spires
it would sot jejune the mareem.
By the Chairman—lt was eat memsery far _the geaveni.
cam of the rifle emos that the osmoses Amid ha geared
they would prefer it is its preens state, with this excepthist
—that power was glom to trader to meagre* them ath
tether* for rillemarposes, they weeddacquire • pardon wide
they did sot at- regent hold. A high fear would be bene-
ficial as far to the Nile Arcades that itt molar,. thus
5601. • year ; and, se 'Minima el the mensiatios. be regal
say erect that rem, bet es se Wieling] be ad set with
to have seek • fear, mod math rather re the asessialith
fie
left when they sew tesee.m=sed rail fames worel
a no bees
to the Rile
By Kr. Haillie—Did set Isaac It • sidesece to the tee*
el Wimbledon to Wave pammasst bars en the esersein
Bosh a merles bur the pear geed was a very Emil Ines
The eeNiMlieee the. adjourned.

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of Ileedea we ea astualoy preesabd to tbo Bow
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Do Barry's ;Wiliam heath redwing Utast&
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. sometty.—lta art O.
Tonies„ bUm ST. : IL ittbel
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