The Express.
London, England, 1848-07-10 00:00:00

SPORTING:.

BETTING AT MANCHEATER.—Pantar.
lavnaroot Cur.-9 to a,gst Cawrouch (1), 6to 1 apt
Prince Charlie (t), 6101
12 to 1 apt Montpensier, 1 F to 1 apt Clypee, 16 tot nisi Orimston,
100 to 6aptio•ial. 20 to 1 not Chanticleer.
200 &ria. BTAIES (LIYEEPOOL). —2 to 1 on Flying
Datelunan.
GoODWOOD STARS.— Bto 1 apt Chanticleer (t), 10 to I
Pat Crozier, 12 to 1 opt Remembrance (t), 12 to 1 apt Dial matiat,
13 to I apt Alpheis, 15 to t set Gaiety, IS to 1 apt Miss Lydia, filly,
15 to 1 apt Reflection (t), 20 to 1 apt 11 fen,
20 to 1 agst ant.
001DWGOD CCP.-2 to Ipt a
theT Hero, 4 to 1 agst Van
Tromp (0,5 to I apt Cossack (1), 12 to t kilns Lydia, filly (t), lily
1 apt Saddle (0,200 ha 16 apt War Eagle (t).
LzOnn.-8 to 4 agst Surplice, 3 to 1 apt Springy Jack
(t and atoll), 6 to 1 apt Justice to Ireland.
LANCASTER RACES.—TituuntY.
REVIVAL HANDICAP Of 10 WOE. each; Sit and 50 added.
mites. (20 subs, nice of whom mid 3 ion each.)
Mr Robertson's Torn Tough (Abrams) 1
Mr. Meiklasn's Otterbum (Ryder) 2
L. Fox's be by faced ant of Pantomime (Johnson) 3
Mr. lleaph Brown Fly (Byrne) 4
to mast lensed colt, 3to 1 apt hiin Tough, and 3to 1 yet Otter-
burn. A good race; won by half a
BOROUGH Gyp HANDICAP lllrtiOya. ea auto.) Rand 30
added, the second to says Ws stoics 14 See. (9
Mr. Merry's Pilot
Mr. Osborne's ..... ................. (Abdaie 2
Mr. Worniald's Quadruptd. . ....... ..... --(Hamby 3
Mr. Johnstone.. lhateand•senly ............ (Francis' 4
Mr. Murray'. North Star (Hy der, 5
Sto 1 apt linualyface, and sto 2 ages Mot. Wan on the post by a
head.
VALI OP LINE PREZ HANDICAP Of ; eon. each and 25
added. 11 mile. (6 'rubs.)
Mr. S. L. Fox's Psalmsingry (0. Ablate) t
Mr. Robertson's 'fom Tough (Ryder) 2
Ur. Thompson's Lady Francon (ilasMm) 3
6t04 on Paallasinger. Wee easy.
SELLING STAKES ot o ion, nab, and 20 added. 14 mile.
Mr. Hotoolis Hilly-from-trigg (AMA.) 3 0 1 1
Mr. Thompors Lavender (Thompson) 0 1 2 2
Mr. Willan's Margaret (Atkin) 1 2 0 3
Mr. Drake's br f by The Provost, Co.heireeßydes dam
(r) 2 0 3 dr
WAdaca's The Irishman
Four well contested heat.

Eau 3nttll i glut.
EQUITY COURTS.
Before the Lord Chancellor.
THE ATEORNET•GEN SEAL v. MIMEO AND OTHERS.—
SCOTCH KIRE.—Mr. Bethel' opened an appeal from a de-
cree of Vice Chancellor Knight Bruce, by which his Honour
ordered the Rev. Mr. Moors, minister of the Scotch kirk in
Manchester, to be removed, WI teaching doctrines different
from thou of the founders, and also some of the trustees.
There are the appeals by different defendants. The fur-
ther hearing wreas, at four o'clock, adjourned to Monday (this
daitooes v. CLEOHORN.—WILL.—ESTATE IN I' 8E SIMPLE
of roe Schomberg opened this appeal against
a decision of the Master of the Rolls, on the construction of
the will or Robert Cleghorn, by which he devised his
freehold nod copyhold lands to trustees fur the use of his
three natural children, and to pay to them and the survivors
of them the rents and profits in equel shares far their main-
tenance and education, until they should attain their ages.
Two of the three died, and the testator's heir-at-law claimed
their shares, on the ground that they took an estate fur life
only. The Master of the R,,111 held that the three children
took estates in fee as tenants in common. The learned
counsel argued against that decision, that, though the lands
were devised in fen to the trustees, it did Lot follow that the
cestuis qui trust took estates in fee lie cited, among other
cues, "Challenger v. Shepherd" (8, Term Reports),
" Knight v. Selby" (3. Scott), " Hovey v. Smith" (cases its
Chancery), and submitted that the heir-at-law should not
be disinherited except upon plain words and manifest inten-
tion of testator.—Mr. Rat and Mr. Stevens contra argued
that the testator's intention was clearly expres,ed u giving
estates in fee simple to the three children, and they claimed
the benefit of the cues that were cited in support of the de-
cision of the Muter of the Rolls, that a devise to trustees in
fee was a devise equally extensive to the ceetuis qui trust.
—The Lord Chassis llor said he had no doubt that the judg-
ment of the Master of the Rolls was right. His lordship
was satisfied that the testator's intention was to give an es-
tate in fee simple to the children, and there was no resulting
trust to the heir-at-law. The rule of law was properly laid
down in the cases that were cited. It was not now neces-
sary, after the deaths of two of the children, to decide whe-
ther they took as tenants in common or otherwise.

Before Vine-Channetkie wlgram.
STAMPS V. THE BIRMINOHAR, WOLVERHAMPTON, AND
STOUR VALLEY RAILWAY COMPANY.— INJUNCTION.—
His Honour gave judgment upon two motions which had
been made in this cause, one by the plaintiff for a sequestra-
tion against the company for an alleged breach of an injunction
by which they were restrained from prosecuting their works,
so us to interfere with or damage the plaintiff's premises ; the
other by the company for a dissolution of the injunction. It
was mentioned in our report of the cue upon the argument,
Ilia Honour, iu delivering his final judgment upon the mo-
tions, said it had been objected that the proceedings on
which the defendants founded their claim to have the in-
junction dissolved had taken place after their answer in the
suit had been filed. This was a technical objection, which
we of itself fatal to the defendants' motion. With regard
to the motion fora sequestration, it appeared that certain
acts which were the subject of the injunction had been re-
sumed by a workman of the defendants, under the impres-
skit that they had bought all the plaintiff's interest in the
land. The evidence, however, failed to show that this had
been done with the sanction of the company ; and it did not
appear that any of the witnesses had apprehended danger
from those acts, or that any application, in consequence
thereof, hail been made to the company to desist. Both
motions must, therefore, be dismissed, with costs.
ELLIOTT V. SOUTH DEVON RAILWAY COMPANY.—IN-
JUNCTION —The defendants, by the direction of the Surveyor-
General, bad carried their line over Union-street, Plymouth,
by a bridge 18 feet high, and to do this had Seen obliged to
deviate more than five feet from the level of their datum
line. The plaintiff, as owner of land over which the railway
passed, obtained an injunction restraining the defendants
from continuing their works upon the proposed level. Upon
the motion to dissolve the injunction the defendants alleged
that the lands occupied by the plaintiff were not town lands,
and that therefore the deviation was legal under the Com-
panies Clauses' Consolidation Act. The court directed an
action to be brought to try the question, and the jury at the
trial of the action had found that the lands were not " town-
lands ;" but a new trial had been directed on the ground of
misdirectbin.—Mr. Rolt and Mr. Stevens renewed the mo-
tion to dissolve on the ground of inconvenience to the company
from the delay pending the second trial, and upon the prim
facie c. ee appearing from the affidavit end see.*
Lions and the result of the first trial. His
Honour refined to dissolve the injunction, especially as
the company declined undertaking to remove their works, if
they should turn out illegal. The motion wan directed to
stand over till another day, when the court would finally
di-pose of the question of costs.
LETTS V. THE LONDON AND BLACKWALL RAILWAY
COMPANY.—TITHES IN THE PARISH OF ST. OLAVE, CITY.
—This was a bill for tithes, by the rector of St. Olave Hart-
street, in the City of London. The tithes were claimed from
the defendants as due under the provisions of an act of par-
liament (2 & 3 Vie c. 95) by which the company was
enabled to remove certain dwelling-houses and buildings in
the parish, for the purpose of making the railway. The
houses (33 in number) which were taken down by the de-
fendants were subject to tithes, at the rate of 2s. 9d. in the
pound, under the statute 37 Henry VIII., e. 12; and the act
2 & 3 Via provided for the indmnity of the Teeter in
respect of such right to tithes, by enacting that the company
should pay the rec'or tithes in respect of the hour a removed,
according to the last assessment thereof to Lady-day,. 1839,
equal to the loss sustained by want of occupiers owing to
such removal, until new houses or other buildings should be
erected of such annual value that the tithes payable thereon
should be equal to the tithes payable on the buildings removed.
Upon some of the houses pulled down by the company the
plaintiff had been in the habit of receiving 2s. 9d in the
pound upon the full annual value; on others he had, by
agreement with the occupier, received tithe at lee'than
the annual value; and at the hearing of the cause in January,
1847, he had been declared entitled to tithe from the com-
' puny, according to the annual value at which the property
removed had been last fixed by agreement between the rector
and the occupier ; and that where no such agreement had
been made, the sum last collected as tithes should be taken
as representing 2a. Od. in the pound on the annual value of
Gdeinreerectedantodthemmr.utseper to
A the buildings' ; indd aihr
inquire and state the annual values of the houses, according
to such agreement (it any); or, if no agreement, then
according to the last annual sum collected. The master had
since made his report, and the cause now came back upon
numerous exceptions which bad been taken to that report.
The exceptions related either to the amounts fixed by the
master rs the last agreed annual values of the houses, or to
his finding in respect of the houses taken, the company ob-
jecting that some of the houses mentio .ed in the schedule to
his report bad not been required by them—Mr. Wood and
Mr. B. B. Bell appeared for the company in support of the
eeferetlonlicitowru.
contra for the plaintiff.—The argument was proceeding at
A the rising of the mut.
ot

COURT OF QUEEN'S BENCH.
Sittings at Nie Paton at Guildhall—Before lArd DCTIMMII and a
arattal Jan.
Joiras ow) &norm a. LAwsioca.—KANAonw Cow