The Express.
London, England, 1853-03-17 00:00:00

THE EXPRESS, THURSDAY EVENING, MARCH 17, 1853.

iLatu intelltgence.

EQUITY COURTS.-YESTEIWAY.
Emma THE LosogJvsneso or Arrni.

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THE GREAT WwaTERN RAILWAY COMPANY V. Till
ONVORD, WORCISTZIi, AND WOLYIRIIARPToI RAIL-
WAY COMPANY.
Their Lordships delivered judgment upon three motions ,
in this case, which were argued before theta early in the
present sittings. The object of the first two motions was to
restrain the defendants from expending their funds, or any
part thereof, in or towards, or for the purpose of, construct-
ing their line of railway, in the first instance, otherwise
than en the broad gauge, throughout its entire length ;
and so as to enable the same to be worked con-
tinuously with the Great Western Railway; and ia
particular, that the defendants be restrained, under any
circumstances, from laying rails on the narrow gauge on
their line between Abhotswood and Rvesham, or any part
thereof, or any part of their line south of Abbetsweoil ;
and also that they be restrained from laying rails on the
' narrow gauge on any part of their line north of Abbots-
wood
until they should have had rails throughout the entire
length of their railway on the broad gauge. The third
I motion was fur an injunction to restrain the defendants ,
from proceeding according to the terms of a notice served
by them upon the plaintiffs, to effect tho compulsory per-
chase of a plot of land belonging to the plain-
tiffs, at the junction of their Oxford and Rugby ,
, ranch line with the line of the defendants unti the de-
I fendruts should have completed the construction of their
own line in all respects to the satisfaction of the engineer
of the plaintiff., and of such gauge, and according to such
mode of construction as would admit of the • ame being
worked continuously with the line of th Great Western.
It appeare.d that by the act of incorporat:an obtained by
the defendants in 1348, it was enacted in the 313th section,
that the defendants' line and works should be constructel
in all respects to the satisfaction of the engineer
for the time being to the Great Western Rail-
way Company, and that such railway should be formed
of such gauge, and according to such mode of construction,
as would admit of the same being worked continuously with
the Great Western Railway. The plaintiffs contended
that by this section it was meant that the foods of the de-
fendants were to be applied in the fir-t instance to the com-
pletion of their line ou the broad gauge, and that any sur-
plus innate only were to be applied in the laying down
rails on the narrow gauge, whereas it appoarid that the
defendants were proceeding to lay down rails on the narrow
gauge upon the parts of their line mentioned in the notices
of motion without having constructed the whole line upon
the broad gauge system. The defendants on the other hand
contended that although they were bound to lay down rails
on the broad gauge throughout their line, they were not
prevented from first laying down rails on the narrow gauge
if they pleased. The late Vice-Chan, eller Sir James
Parker, being of the latter opinion, dismissed two motions,
from which the two first of the present motions were ap-
peals made before him in March last. The third of the
present motions was an original motion, brougl.t on by
arrangecrent with the two appeal motions.
The Solicitor-General and Mr. Geo. Lake Russell a
pe.red for the Great Western Railway Company, and Mr.p-
Kelt, Mr. Reline, and Mr. Jewel for the defendants.
'I heir Lordships dismissed tho two first motions, on the
ground of acquiescence on the part of the plaintiffs; and
directed the third motion to stand over, with liberty to the
, plaintiffs to proceel therein at law as they might be ad•
vised, the plaintiffs undertaking in the meantime to allow
• the defendants to exereise their right of way (if any) over
the land comprised in the notice served on the plaintiffs as
an easement, end the defendants undertaking in the mean-
. time not to proceed in the construction of any works upon
such plot of land, with liberty to either party to apply.

Betels TIM LOllO CTIANCILLOIt.
It. COLLINSON —LUNACY.
This was • petiion of the 11ev. John Collinson, and
prayed that he might he allowed to have a conveyance of
certain property, which be had purchased in 1834, to a new
trustee instead of the present trustee, his son, who is a
lunatic.
It appeared that the property in question was part of
an estate which tho Be,, Mr. Collinson had
purchased, and was held by • customary te-
nure which prevented its being devisable unless
it was held by a trustee. Mr. Collinson beinr desirous of
having a te►tamentary rowsr over the estate, and having it
held by a younger life than his own, in order to avoid the
payment of fines, which were very heavy, in the manor
in question, made his son, then 18 or 19 years old, his
trustee, and surrender was made to him. The son before
be was of age became of unsound mind, and had remained
' permanently so—basing been in a lunatic asylum for 15
vears. The petitioner being desirous that the estate should
be vested in another trustee, and his son being wholly in-
competent to act for himself, now applied to the court for
pow er to do so. Affidavits of the facts were read by Mr.
/Jahns, who appeared for the petitioner; but it having
come out among other things that the remainder of the
estate, which was held by a different tenure, had been con-
veTed to the son in fee,
The Lord Chancellor said that the evidence of the facts
before him, however strong, was only ex parte ; and if he
dealt with the ease as it stood, he might be depriving the
lunatic of an estate to which he was absolutely entitled. It
was a ease that required adverse litigation, sod ho thought
the best course would be to file a claim, or take such steps
as to have the lunatic represented before the court.
The petition was therefore dismissed, on the understand-
ing that • claim would be filed.
SITTINGS OP Till COUNT.
The Lord Chanoellor intimated that he should sit on Sa-
turday, Monday, Tuesday, and Wednesday next.

WORM nes Mums' or To to
IPLPOD O. ANNIONY.—LTABILITT OF TRUSTEE.

The plaintiff in this suit is Miss Clara M'Leod, and the
object of the suit is to make the defendant liable to make
good a sum of 7,3201., which had been lent out by him as
trustee on a mortgage security. By a settlement made on
the mirriage of Lady Hester Mountnorrla and Captain
Nl'Leod, the parents of the plaintiff, a sum of 10,0001.,
Irish currency, was settled on the younger children of the
marriage. Defendant, who is brother of the plaintiff; wee
appointed trustee on the death of the original trustees, and
he advanced 7,320'. of the trust fund on mortgage of an
estate at Ballyeorrig, in the county of Clare, in Ireland, in
1843. It was a leasehold estate on lives, perpetually renew-
able however at a peppercorn rent, but there was a reserved
heed rent of 4211. 12s. 6d. There were other outgoings for
tithes, poor rates, die., "moulting to 103'. 164. tel. per annum,
and the actnal rental was 97W. Bs. sd. Tho 7,3201. was ad-
vanced at ti per cent. interest, reducible to 5 per cent. if
peel within a month. If 6 per cent. were paid the yearly
surplus would be 411. 16s. 9d., and if 6 per cent. only
159. sd. The rental, however, subsequently fell off con-
siderably, and in consequence there was little or nothing
left to pay the interest of the mort:age, and the security
was almost worthless. Under these circumstances it was
seutended that defendant had not exercised sufficient vigi-
-1 hmee, and that he was bound to make good the loss.
His Honour said, the first question was, whether this was
• proper security on which to advance the trust money ;
end, secondly, if it were not, whether the trustee had taken
01l reasonable steps which he ought to have taken for the
pupae of ascertaining that fact. He did not think that
this was a proper security. That the trustee was unwilling
to enter into the transaction was abundantly proved, and
that he did it at the request of several members of the
family wes also proved, but unfortunately the cases were
extremely numerous in whirls the court hail held that true
We. were liable in respect of such acts done at the instance
ammo mootben of the family, and that they amounted to
breeches of trust. He entertained no doubt that the trustee
did not take the proper steps which he ought to have taken,
and that there was no acquiescence in the matter to bind
the plaintiff. The defendant, therefore, must be held to be
liable to make good the sum which had been lost.
Mr. Loyd, who appeared for the plaintiff, asked for the
cats.
His Honour said he must give them if they were asked
for, but it was a most painful case.

BIM= Vice-CILARCELLOR SWAM'.
GOODWIN D. FIELDING.
Mr. Daniel and Mr. Beistowe appeared for the plaintiff in
this snit, which was partly heard yesterday. It related to
a dispute aa to the Beulah Spa lintel at Norwood, the
value of which had suddenly greatly increased, in consequence
of it+ proximity to the Crystal Palace. Prior to October,
18-4, the defendant, Mrs. Fielding, entcred into an avec-
mc tit with the plaintiff. Mr. Goodwin, to assign her lease-
hold interest in the hotel to him at the price of 4001. ; this
agreement was merely verbal, and as Mu. Fielding alleged,
was subsequently waived, upon which she entered into
another agreement with the defendant, Mr. Franks, to
grant him an undcrlease of the property for 1,0.301., end
the delivered up possession of the premises to him. The
plaintiff, Goodwin, thereupon filed his bill for an injunction
and for sreifie performance of the agreement to assign to
him. The plaintiff contended Out in the various trillium.-
thins proclaims of the statute of frauds had been complied
with, and that a binding agreement had been come to en- I
titling him to the relief he asked.
Mr. 133C0D for the defendant, Fielding. Mr. Matins for
the defendant, Franks, insisted, first, that there was no
bii.ding agreement entitling the plaintiff to specific per-
formance; and, secondly, the condurt of the plaiut: ff had
been such as to climatal° him to the relief he asked,
but the
Vice-Chancellor under all the circumstances thought that
the plaintiff was entitled to an assignment of the lease and
the costa of the snit

COURT OF BANKRUPTCY.—MIRcu 15.
Rivas: ML. CONAISSIONCA llntAoTn.
IN DE 11 ACKILLAZ ♦YD 111AMPSON.—EXTENNITE
F MUNE IN THE SHAWL TRADE.

This ores the adjournsd last examination meeting in the
ease of Duncan James Mackellar and Claude% Ilampson,
who had carried on business as shawl warehousemen, in
Ciresbaussstrect. Since the last meeting amended accounts
have lizen filed, and th 3 joint balance-sheet discloser the
follosing state of affairs:—lt commences on t'io 16th
January, 1851, without capita, and clove nn the Ifith Sens
temorr last, with an amount due to creditors of 24,1071.,
besides liabilities on bills of exrhonge amounting to
20,7611.; but of this latter sum 10,6021. is paid, or expected
ta be psiil, by other parties. 'The assets consist oi, good
debts, 1,5931 ; doubtful ditto, 1,0191. ; ditto from insolvent
f estates, 5,7671. ; bills recuivable, good, 38/. ; doubtful
I ditto, 8935.: property realised, 3,8351. ; consignments to
Ni se York, '255/. 'there wat no cntry of profits; the losses
I wese put down at 6,7611.; trade expenses, 2,562/. ; drawn
i out by Nl.,ekslbir, 8251.; by 6111.
Mr. limed opposed, for the assignees, on the ground that
the bankrupts had not made a full disclosure of their estate
and effects.