The Express.
London, England, 1853-06-22 00:00:00

lLaw kutelliefuct.

JUDICIAL. COMMITTEE OF THE PRIVY

Cori ii:—yEsTEunkT.

The lumbar. Of the e.annuttee Lunen' today were the
Hight Hon I'embert.•n Lelth, the Hight Hun. Sir
James Pintail, and the Right Hon. Sir Edward Hymn.
KADIII lIC►HrU KHAN e. biI:6III.:MATAIX FV8111:111
OUNNInSA AND ANOTHRIL—JUINIMIXT.

This is an appeal against a dense made by the Court of
Sucker liewarmy Adawiut, North Western Provinces,
dae d tae Mb of June, 1841, in a suit in which
originally the respondents were plaintiffs and the appel-
lant was defendant, which affirmed a decree of the princi-
pal Budder Amens, of the Zillah Court of Baharunpore, in
the presidency of Bengal, of the 16th of August, 1843, by
which the respondents were declared entitled to possession
of three-fourths of a moiety of Mates and Zeminclary of
Moues, Dobhur, and several villages, lands, houses and
orchards, in the north west provinces, with means profits.
The principal question raised by the appeal is the validity of
three deeds relied upon by.the appellant. Fast, a deed of
gift, alleged to have been executed by a feu.ale named
Muses:net Vizier.oon-Nisse, the maternal grandmother of
the respondents, dated the 9th of March, 1833, by which
the property in dispute is alleged to Lave been conveyed to
the appellant ; secondly, a deed of renunciation, dated
Jaa.l9, 1834, alleged to have been executed by Oomdut-tion-
Nis's, the (taught• r of Mussunsat Vizier-oon-Nissa, and the
mother of the respondents, of her interest such property ;
and, thirdly, a deed of renunciation to the same effect,
dated the llth of April, 1839, alleged to have been executed
in the appellant's I by the respondents. The impel- I
lent also set up a title under the hlahometan law as the hus-
band surviving the deceased Mossunsat Oonsdut-oon-Nissa
to a fourth share in her Males end Zemindury estates. Both
courts in India, after a careful examination of these deeds
and the evidence relating thereto, declared that they were
forgeries; but they upheld the appellants' claim by inhe-
ritance, and declared that he was entitled to a fourth share
in the estate of Mussunsat Oomdut-oon nest. This latter
part of the Sudder court's decision is not in question. The
respondents are the daughters of the appellant, by his
wife Orandut-oon-Niesa.
It was contended, un behalf of the appellant, that the
moiety of the property in dispute belonged to Vizier-coon-
:qr., and was by her mane over to the appellant, by a
deed, the genuineness of which was satisfactorily established.
It was also urged that there was no evidence in the pro-
ceedings to warrant the conclusion at which the court
arrived; that the deeds of gilt and relinquishment
executed in favour of the appellant were forged and fabri •
cated, and that, under these circumstances, the appellant
proved a valid title to the property the subject of this
appeal.
'I he respondents submitted the following reasons for the
enneideration of the committee in support of the judgment
of the court below:—That the respondents are, by the
Mahometan law, entitled as coparceners by right of inheri
tance from Oumdat-uua• Nista, to three-fourths of the pro-
perty in dispute, and that the respondents' title to such
succession is not barred or affected by the pretended
possession insisted upon by the appellant. It was the just
result of the evidence ia the cause, that the deed of gift,
dated the 9th of March, 1833, alleged to have been executed
by Vizier-eon-Nies* in favour of the appellant, and the
alleged deeds of relinquishment by Oomdut-oon-Nissa and
the respondents, dated respectively the 19th of January,
1831, and the 11th of April, 1839, were forged and fabri-
cated. The appellant failed in establishing any right or
title to the property in dispute beyond the fourth share
decreed him by the Zillah Court, and that that decree is
conformable to the Mahommetan law and the rights and
justice of the case.
On conclusion of the arguments which were adduced on
behalf of the appellant,
The Right Mon. T. Pemberton Leigh delivered judg-
ment, and, after elaborately reviewing the foregoing facts,
said that the Council could arrive at no other conclusion
than to that which had been come to by the court below.
The appeal must be dismissed.
Judgment accordingly.

EQUITY COURTS.—YESTEEDAY.
11110•11 VICII•CHAPICILLOM Si. Joan
CAlll.l2lThlt O. THI •ND ORIZSTAL STZAK
N AYH/AVON CUM PA NY.
This arse • motion by the plaintiff that the peninsular
and Oriental Steam Navig ition Company might be re-
strained by injunction from using, without the license of
the plaintiff, within England, and Wales, and Berwick-
upon-Tweed, the invention of the plaintiff, or the peculiar
forms of his propelhrs, called the strew propellers, in or in
connexion with the R..j,h, a vessel the property of the de-
fendants, or in any ether vessel their property. On the 4th
instant the motion was brought on, but stood over upon
an undertaking by the defendants that the Rajah should
not sail before the Monday following. and giving the
plaintiff liberty to ins. tct the vessel. The motion came
on againou the 13th inst., when by an arrangement it was
agreed that the vessel in question might proceed on her
voyage, the defendants undertaking to allow the plaintiff
to inspect a model of the vessel.
Mr. Bacon and Mr. Vance now renewed the motion.
From their stattments and the affidavits in support of the
motion, it appeared that the plaintiff is a captain in the
royal navy, who hail expend( d a sum exceeding 3,0001. in
his invention, for which he obtained letters patent in 1840,
and he duly made out the specification of his patent, and
perfected his patent.
The defence was that Mr. Shorter had invented a screw
propeller in 1801, and that Mr. Lowe had invented another
anew propeller, for which he old lined a patent in 1837.
The term of Lowe's patent was sought to be renewed before
the Privy Council, but the application was rejected, and
the defendants alleged that the screw used in the Rajah
was constructeaa according to Lowe's patent, the exclusive
right to use which had ceased. It was also sufuested that
the plaintiff's patent was not e.sentially different from
Lowe's' and that the plaiwiff had no right to protection;
also, that although the plaintiff had had his patent for 13
yean, and screw propellers had wen in constant use, he
had never enforced any right to granting license, or the
payment of any royalty, and that although the' right to
patents in screw propellers had been the fruitful source
of litigation, this plain,iff 's right was so insignificant that
he had not taken part in any litigation except that he
was one of the numerous respondents resisting the applica-
tion of Mr. Lowe to the Privy Council for a renewal of his
patent. The eaplonation of this ina:tivity on the part of
the plaintiff we., that fur a portion of the time he had been
in foreign service in the navy, end the great difficulty there
was in discovering infringements, because the patent was
worked under water.

The defendants were represented by Mr Malins and Mr.
C. Barber. Bie, on an undertaking by the defendants to
maks such adransious as might enable the plaintiff to try
the question against them at law, the Vice-Chancelbr,
without hearing the counsel for the defendants, directed the
motion to stand over, with liberty to the plaintiff to bring
such action as he may ha advised.

COURT OF BANKRUPTCY.—YESTERDAY.
Harms Ma. Cuiuuruomu. EVANS.
IN RI WINTER.

This was the first meeting under the bankruptcy of
Robert Winter, described as a schoolmaster, of Brighton.l
The bankrupt had kept a large scholastic establishment in
the Clifton-road, Brighton, known as "The Brighton
School," and had als been connected with a provident
society as secretary or manager. His liabilities, including
the claims of members of the societ , amount to about
16.0001.; but upon these claims a composition or dividend
of 10s. in the pound has been arranged Nib, the g tees
of the bociety. The only available property of the bank-
rupt, including his furniture, has been sold under a hill of
sale, which was given in December last. The right to
thin property, it is said, will be eontested.
Debts to the amount of 4,0001. were proved at this
meeting; and Mr. Henry Corney, builder, of Brighton,
was chosen assignee; Mr. Bell is the official assignee ; and
Mr. Soden the solicitor acting under the petition. The
bankrupt has not surrendered, and some uncertainty, it
seems, prevails as to his whereabouts; but Mr. Lawrance,
who appeared for him, stated that he had advised him to
surrender, and that be would probably do so.

MIDDLESEX SESSIONS.-YESTERDAY.
BOMB MR. BLMMIT AD ANN APMPTata Je

Thomas Stedman, 21, and Alfred Walters, 39, were in-
dicted for having unlawfully attempted to steal a box, the
property of some person or persons unknown.
gr. Cooper pros, toted ; Mr. Metcalfe defended Sted-
man ; and Mr. Itibstoa appearedfor the other prisoners.
On the evening of the 311th of May Inspector Hamm k,
of the k division, was on duty at the Caledonian Ball, in
King.street, St. James's, and he observed the prisoner
Walters following in a light spring cart a cab, on the roof
of which was sour. luggage, and the prisoner Stedman was
running behind. For reasons which were not stated the
Inspector watched, and the cab turning into Burrstreet,
Walters followed it with his cart ; and just before it came
to Little ityder.street the prisoner Stedman jumped up
behind the cab and tried to get a box off the r of, hut just
as be got it on the rail the cub stopped. At that mo•
meat, the cart being level with the cab, Stedman jumped
front the cab, and in making away he approached
the Inspector, who collared him, and charged him with
having attempted to steal the box. The reply he
made was that he only got up behind the cab to have a
ride, thinking it was gum; towards his home, hut that, by
no means satisfied, the inspector handed him over to
another officer, and proceeded to %Valters. When the cab
stopped, that prisoner pulled up his cart about a dozen
yards ahead, and .he cab .;riving on, he was again follow-
ing it, wh, is the utfie, r laid hold of his horse's head and
took him into custody for being in concert with St. timan in
attempting to steal the hoz, their presumed object being to
get the box from the cab, transfer it to the cart, and then
drive rapidly off. Ile professed to be utterly unable to
comprehend the me ulna of the charge, and told the officer
that in his opinion he was excessively inquisitive when he
asked him for his name and address, to which interroga-
tory be returned a f..lse answer. Stedman, at the station,
denied that he ever saw Walters in his life before, but it
was shown by the esidence of several police officers that
they were regular and constant companions, and the, they
were known by aliases and as the associates of thieves.
The jury found the prisoners &gag:.
Stedman had been twice before convicted.

The learned Counsel fiU 11Sirisoners."-tl3en took an ob-
jection to the indictment ion the suggestion of Mr. Polond)
in arrest of judgment. The prisoners were charge with
an attempt to commit a felony, and in the indictment there
was no averment that the attempt we. a " lelontuuv " one
the wo•d " feloniously " being omitted.
After some discussion the Assistant Judge said it cer-
tainly appeared ti him that there was something in the
objediaa. The viatica war, whether the minion was