The Express.
London, England, 1853-04-18 00:00:00

Caw Jvirtat Jura. Ma. Jumcs

-• •
eaverwitu., Ma. Juane. WIWAX% amp Ma. Jurr:ca TALV9OII

GIBES AND ANOTHEZ O. FLIGHT AND ANOTHEIL—THE
SELECT VESTRY OF ST. STEPHEN'., WALES/lei.
This was the well known action, brought to test the
legality of the select vestry of St. Stephen's, Walbrook,
and atter about ten years of litigation, the matter wu
again brought before the court to-day.
Mr. Bramwell, Q.C., stated that after various steps had
been taken in the matter, an order was made by Mr. Justice
Erie, at chambers, with consent of counsel, that the judg-
ment of the Common Pleas should stand ; that the select
vestry should be at an end ; and that the coats on both sides
should be paid out of the parish funds. Some disagree-
melits arose as to the settlement, and the cue went
into the Exchequer Chamber, where • venire de
novo was granted, and the matter wu set down
for a second trial before Mr. Justice Williams. His

lordship recommended that the cue should be settled, and
it was agreed that he should make a nisi Arius order to
withdraw a juror ; that the suit, and all matters in differ-
ence, should be referred to Mr. Justice Erle, with'power to
direct in what manner his original order should be carried
out; and if he declined to undertake the reference, then the
matter was to be referred to Mr. Justice Williams, who
was to here the same powers. Mr. Justice Erle declined
to interfere, and thereupon Mr. Justice Williams under-
took the cue, and made an order, that the defendants
should, by the 14 of March, Itis3, pay the plaintiffs
1,7351. ss. 5c1., the amount of their costs ; unless in the
meantime the same should be paid out of the parish funds.
This award, or order, the plaintiff+ made • rule of court,
and then issued execution fur the amount mentioned in it.
Thereupon an application was made to • judge at chambers,
who stayed the proceedings until the fourth day
of this term, in order that the opinion of the
court might be taken upon the matter. Accordingly,
a motion was now made, that the rule of court, and all sub-
sequent proceedings, should be set aside. It was submitted
to %h., court, that if the direction of Mr. Justice Williams
was an award, the plaintiff, had no power to make it a rule
of court, and if it was an order, made by his lordship in his
capacity of judge, then that he had no power to make such
au order.
The court granted • rule nisi.

ADMIRALTY COURT.—SATUIDAL
Bonus Da. LUIIIINOTOX.
Tin Two Sisraus.—DANsoe.

This was a suit instituted by the owners et the Strean-
shelh steamer against the brig Two Sisters, for a collision
which occurred on the 19th of September, in the har,our of
Whitby. At six o'clock on the morning in question, the
Streanshalh was being towed by the eteam•tug Sampson out
of the outer harbour, for the purpose of being turned round
and entering the inner harbour, to avoid the t tll•ctn of a
storm that appeared to bo impending ; and when she
had arrived off the Burgess pier she met the vessel yrocceded
against, running into the harbour for shelter, at the rate of
six or seven knots an hour. On behalf of the Streanshalh
it was stated that the brig ought to have taken the
northernmost channel, and that for that purpose she ought