The Express.
London, England, 1848-07-20 00:00:00

SPORTING:
6TASIFORD RACES.—WunsoADAT.
SWERPSTAILEti tf 16 says. each, for tbree-y void,. Colts,
Sot 716: and 31114", Oct 41b. To start at the illstsronpost, and go
once round and *db.:mice.
Slr G. Ilestbroies br f by Velecipedo, walked ever.
SWERPSTAK Re of 16 110,1. each, 6 ft, for two-yr•olds, with
to .... added. Colts, Set 71b ; flllies,llst 310.
Lord Exeter's eby &Marl (Bartholomew) 1
F. M. Grosvenor's aA by Cothentone (1. kLuson) 2
goad race ; won by a neck.
GOLn Cr li of 100 soy.. 'value, by subscribers of 10 goys.
each, with 20 Bova. added. Tlirce.yr-olds, Est Ilb; four, Sot ; flee,
Sat 131 b ; Fig, Oct Mb; end aged, Oct 7115
Copt. Ilsmourt's Ellerd.de, 4 yrs (J. Marion) 1
Lad (booby's na Albonl, 4 yrs OaMmn) 2
(Felon} 3
Mr. Herrin na Cos,chia,4 yrs
Won by a length. Cosachla • bed tidy&
BARLEYIKOotrIi STAKES of 16 goes.
Mr. Lowther's Chapelgoric .
i 1
yr. Wilder.' Spent Greg* 4 yrs (Hon. Mr. Ersklae
Mr. Hutoory's Embrace, 3 yrs (Lord B. Cecil S
Lord Burgbley's Lucy Neal, 5 yrs (Lord Stratbmore 4
FORCED 11ANDICA1' 01 5 110‘1. each, With 10 .OYS. added.
Lord Opener's Dacia, S yrs, 7st 71b
lord Burghley's Lucy NM, Oct 4th
Gtr G. Heat nettle's b 1 by Venelpede, 3 yrs, 7st 31b(Wg'1:121(B.Sberstrooll"1 321
Mr. Humey's Embrace, 3 yrs, 6 Ur. New Mann 4
The following were not placed i—lidr. F. Edwards*. Forest Deer
Sot. Illto, (I'. Edwards); yr. nom' eh f Mir Florence, 4 yrs,
lit 101 b (Gunter); Mr. Lowther's Black Doe, 3 yrs, 7st 51b (Dockery).
—Won by a had.
NOTTINGHAM RACES.—W raMISDAT.

DT ZIACTRIC TALSORAPH.
SHERWOOD STAKES were won by Godfrey, beating an-
other by half a length.
NOTTINOHAMSH ME HANDICAP WU won by half a neck,
by Inberitr ea, beating four others.
Two Vasa OLD STAKES were won by Fitzpatrick, by a
length.
COVNTT MEMBERS' PLATE WU won by Dart, besting five
others by a neck.
BETTING AT MANCIIPATER.
GOODWOOD STAHEL-6 to 1 agst Rt Section (t To 2003),
sto apt Pillage. 11 to 2 apt Chanticleer (t), 10 to I apt Gaiety
(t), 12 to I aglt Crosier, 13 to 1 apt Hydrangea (t).
Goopwooo eI:P.-6 to 4 ago The Hero, 4 to 1 opt Van
'Map (t), 5 to I apt Cora*.
300 boys STAIES.—Even on Van Tromp agst Cossack.
ST. LEOER.-6 t
J 4
sti apt Sur
andplice, 3
Elat to 1 agst Springy
Jack, 6 to l each aptJustinelreland catcher.

tab) Entelliatnce.
EQUITY COURTS.
Before the Vice-Okanoracie of England.
8 OUTIL-WESTRIM RAILWAY COMPANY O. COWARD.—im-
JUNCTION TO RESTRAIN THE DEFENDANTS PROM PRO-
COBDEN° TO ASSESS THE VALVE OP CERTAIN PHYMISES AT
Lemßeen.—This was a motion to dissolve an injunction,
granted on the Bth of June, to restrain the defendants,
Messrs. Coward and Co., starch manufacturers at Lambeth,
from proceeding under sec. 68 of the Lands Clauses Act to
assess by jury the value of a manufactory, pending pro-
ceedings which bad been taken in the Court of Queen's
Bench, for the purpose of deciding the question whether the
company was bound to take the whole of the manufactory or
only such part as they required for their railway. It ap-
peared that the Messrs. Coward had been for some yearn
past in the possession of the manufactory as tenants, under a
lease from Mr. Lett and Mrs. Randall, which lease expired
in June last. In May, 1846, the company. gave notice to the
defendants that they would require a portion of the premises
in their occupation, but the defendants refused to sell part
only of the buildings, insisting that the company
were bound to take the whole, and proceedings were com-
menced at law by the defendants fcr e purpose of compel-
ling the company to take the whole. th
the company, in the
meantime, communicated with the owners of the freehold,
and gave them notice that at the expiration of the de-
fendants' lease they would require to take a portion of the
raanufactory. No further proceedings having been taken by
the company, the defendants (the lessen) applied to the
lessors for a renewal of their leen, when it was agreed be-
tween them that a lease for 21 years should be granted at an
increased rent, subject to any claim to be made by the rail-
way company. No lease, however, was signed ; but the de-
fendants continued in possession. The company then gave
notice to the defendants that they would take the premixes
which they required, under the 58th section of the Lands
Clauses Act, which enabled them to enter compulsorily upon
the refusal of a tenant to agree to the terms proposed. A
valuation wa then proceeded with, and the sum
of 7,0471. was paid into court by the company.
For the defendants it was contended, in support of
the motion to dissolve, that the company by giving notice
to the lessors had abandoned' their notice to the lessees; that
if not, they were tenants from year to year anterior to that
notice; that since that time the defendants had entered into
an agreement for a renewed lease, and the company oould
not compel them to accept the valuation already taken, and
that the only remedy the company had was at law.—For the
company it was contended that the agreement which the
lessees had entered into for a renewed lease was sulject to
the claims of the railway company, and that the proceedings
taken by the company, under the 85th section of the act,
prevented the defendants taking the course pointed out by
the 68th section, and the company were now entitled to
sustain the injunction.—Mr. Stuart, Mr. Faber, and Mr.
Collier appeared in support of the motion ; and Mr. Be-
thel' and Mr. Beale* for the railway company.—The
Vice Chancellor said the facts appeared to be these,
that the defendants, Messrs. Coward and company, were in
possession of the manufactory under a lease, which
expired in June, 1847. In October, 1846, notices were
served upon them that the company would take a portion of
the land on which the factory stood, a d then, instead of
proceeding to take possession during the existence of the
lease, for certain reasons the matter stood over, and no pos.
s nion was taken till May in the present year. In the mean
time the lease bad expired; but there were dealings between
the lessees and those who represented the inheritance which
gave rise to an agreement under which the defendants were
to have another lease, but it was to be subject to the interest
of the railway company. Then after the company had taken
possession there was a proceeding with reference to
the value at a time anterior to the termination
of the first tenancy, and a certain sum of money was paid
into court. The reason why the company did not earlier take
possession seemed to have been the proceedines which took
place at law, and then the cue became encumbered with the
subsequent dealings between the lesiem and lessees, and the
defendants had been advised to commence proceedings to
ascertain what their interest was, and what should be the
apportionment of the valuation to be paid by the company.—
His Honour thought that before the question could be tried
at law it would be necessary- for a court of equity to decide
what was the interest of the company. If the injunction were
not continued, the case would he sent to law encumbered
with various matters that ought first to be decided in equity.
Under these circumstances he should refine the motion to
dissolve.

July 10.
DAVENPORT V. POWELL.—QUEBTION k 8 TO THE GVAR-
DIANSHIP OP AN IN PANT.—TIHB WAS a petition for the re-
moval of a guardian to an Mint named Edward Davenport,
and for a reference to the Master to approve of • proper
scheme for the education of the infant. It appeared that
the infant was entitled to a considerable property after
the death of his father, George Davenport, who had
been found • lunatic. The mother of the infant was
dead, and Mr. Smith, and a Mr. and Mrs. Mason,
bad been appointed the infant's guardians. An °Telt r had
been made that an annual sum of 5501. should be paid by
the committee at the lunatic to Mr. Smith for the mainte-
nance of the infant, who had befit placed with • Dr.
Kelly at Pinner. near Harrow. The infant had lately
been removed from Dr. Kelly's by Mr. Smith, and
was allowed to:reside with his fa:her. The other guardians,
Mr. and Mrs. Mason, objected to this course being taken on
the greund that the father, having been found a lunatic, wee
not a proper person to have the custody of the child.—Mr.
Smith, by his affidavit, alleged that although the fatht r was
• 'erratic, he was not likely to do any harm to hisses ; but,
cn the contrary, use more likely to be benefited by having
his son under the same roof with him.—The Vice-Chancellor
thoughtthat from the statement of Mr. Smith himself there
apps ared to be some apprehension of violence from the father
of the infant, and that he was probably not a prop.r person
to have the custody of the child.—His Honour thought it
was not in his power to make a peremptory order in the
case, as the Lord Chancellor alone had jurisdiction ; but, as
it appeared that there had been a division amongst the guar-
dians, he would direct a reference to the master to approve
of a scheme for the education of the infant.

PREROGATIVE COURT.
Before Sir Herbert Jenner Fast.
LIEUT.-COL, STOCKWELL, DECEASED.—QUECTION Ai TO
A Lamy WlLL—This CM came before the court on a former
day, and the particulars hare sq.peared in our columns. It
was a question relative to the last will and testament of
Licut. Col. Stockwell, late of the East India Madras army.
The testator. confiding in the affection and duty of his wife,
mode a wilt in her favour, bequeathing all his real and per-
sonal property to her own use, and appointing her sole exe-
cutrix. In 1839 he made a codicil confirming his will ; in
1841 a second codicil was made giving power to his wife to
dispose, after a life interest to herself, of the whole of
the property of which he should die poem seed, to
their children, after the manner she might think
proper to bequeath it. In 1843, being in IU-health,
and his wife also suffering in her constitution, they went to
Geneva for change of air, and while there he executed
another will, in which be gave a ills interest to his
wife, and after her decease bequeathed the property
in equal proportions to his &Urea ; hut in that
will he gave a po vet to his wife to destroy it, and to
make one of her own in accordance with his former will and
codicil, by which he gave her the power to bequeath his pro-
perty to the children in such proportions as she might think
proper. On the last will of the testator were two indorse-
menta, one to the effect: "That if his wife died first, or she
should die without making a will, then this will was to
stand." The second indorsement states : "My will lying at
Geneva is not to affect my bequest in my former will giving ;
a life-interest to my wife; it is only to have force provided
she dies intestate.' This will has not been destroyed, and
the testator's widow is still living.
Dr. Addams applied to the court to negative the
power of the last will, and grant probate upon the
former will and the two eodic,ile above referred to.—Dr.
fanner opposed the applicataon.—The court in giving
judgment expressed its regret at being called upon on such
an occasion. It was evident the testator meant to revoke
this will, if his wife survived him; but it was not in his
power to give authority to his wife to do so after his demise.
It must have been done during his life, ar.d the instrument
must be destroyed in his presence—such was the effect of the
Will Act. If this will stood, it would take away the power
to bequeath the property to the children, which became
vested in them, with benefit of survivorship. It was evident
by the second indorsement on tie will, it wee an authorised
will. The court was therefore bound to admit it.—Dr.
Addams said the application was made to have the opinion
of the court, he would therefore ask of the court allow
them to take probate of all the papers propoundedto .—The
court acquiesced in the request.