The Express.
London, England, 1865-11-21 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

RQUITY COURT.
(Before ViowChssioellor Sir W. Page Wept)
Li TEL BLILBLIII.WRLD scam.
& petition by the roaster and nabs el •
Bdward VL's Free Grammar School of
for the purpose of obisising • variation in e *Amu far
coostitution mid monogamist of the school, wide'', bag la
wattled by the court in 1857.
The °b lack of the petitiosers is to obtain an jamas a
the capitation fee payable by the scholars, le arga
an the muter' to take boarders and to provide for
emotion of new houses for the master', L 3 al to comply wid
the conditions annexed by Lord Brownlow to • doemeag
4,0001. offered by. him to the school fix the pupa, d
heeding two exhibitions to the university.
The petitioe wee opposed by never"' of the'
of Beribampsteed on the ground that the mime
mundod by the petitioners would in effect evingiiia,
lettere patent of Bury VIII. sod the governing saw* d
Edward VL, and disregard the original lamella if la
donor—viz.. the teaching of children in grammar ftsid
by changing the character of the school tad 'gal
for boarders rather time for free mbolan heath
town and immediate neighbourhood.
Mr. AiLL_PbUtim CIA• Mr. Denial, Q.C.. Mr. ff. g
Jewess, 44, C., Mr. Henyoa, Q.C.. Mr. Wickena, lit. La
Terrell Br. Fueling, sad Mr. Melville appeared ups
paextii;.
The Vioe-Ceissoellor, who bed reserved his tam,.
delivered it this morning. and after referring to ,1
davit' which had been Pilo& and to the view which
hebiteeto took of this matter, gave it his opieiie a;
midst exietiog cirmunstanees the primary object of thi yt
%MT WU sot attained, inasmuch as the number of Ala
intended to be educated by him were not to be foul vii,
the prescribed limits given in his will. Coder then Mew
Maness there occurred the musificeut offer of Bari Biwa
low, and the question was did the conditioss of that rte
appear likely to interfere with the object et
school. It certainly geonsed to be kaown that ea
was not the see
; but. on the eontrq, that ths ma
bitti benefit' which the founder had in view wail tim4
eued Be should, therefore, remit the sari II
cliambers,there te be altered ea proposed by She embewa
but with this reservation—that there should he Islam
than fifty child/ea, nisidaots in the taxlAib
lately free ; and that so child, being eelft
the child of parents or parties Mondial in Wear
living withie the prescribed limite—shouhl be I,
• higher capitation fee thee 31.9 M. • you.

COURT OF QUERN'S BENCH.
Sittings in Basco.—(Before the Lord Chief Justin ni
Justices Mellor, tame, and Lag.)
CHUBCHWARD V. MI QUZIN.—ITLITION Or MGM.
Today was specially appointed for hearing the up
meats in this important case. The suppllent, ge
Joseph G. Churchyard, claims of the sown a en
of 126,000/. under • 000trect entered into by ei
with the Lords of the Admiralty.* carry the rethatetri
Dover end Calais and from Calais to Dover, and air be
Dover to Ostend, and from Weed to Dover at the ask I
18.0001. pee annum by quarterly payments " out dweir
to be provided by parliament," from the 26th Aged, In
' nadir's 26th Apill, 1870, twelve calendar mouths' pith
notice being given by either of the part* ltd a
metes* wee to tseminate on that date, but Met
rich notice was not given that then the calm
I was to continue in force after the mid 26th And, IS
10101 after the expiation of twelve calendar isethit
ties in writing, given by either of the rid Mi
to tits other, that the same should arena., lis
sot so as to prevent either of the said pee
availing themselves thereof of recovering lay w
of money or damages, should there hen bee '
breach of contract previously to the determinaties gl
game. CON suppliant averred that be did env* he i
jetty'stuella in wordlist» with the mid apeman g
" the breach of the contract by the crows, whirr,
1 suppliant had been }invented by the coon I
Fins the mails, sod deprived of the moneyg, ono,
1 ha and benefit which he otherwise *NS a
, rived and acquired therefrom, while be recoils nits
to the burdens of a entitle lease of premiss 10.1
Dover, granted to the eupplient by the lords Own
✓imers of the Admiralty, for the purpose d
log out his
pert of the agreement, whereby be'
prived of the benefit of a large outlay rads In
the repairing and improving the said premier,
losing the benefit of large sums of mossy, ,
eerily laid out to enable him to effeeteally any
his part of the contract. He aro claims damage' for
upon him by divers persons, incurred for the purpose,
forming and enabling him to perform his contract •
crown.
The crown. by their
.pleas, set out the natant is ..
and further plead that 'no moneys were ever penicill
parliament" for the payment to the suppliant fa cc tr,
which the suppliant can be paid for the peckers*
the said contract for any of the said period'
sequent to the 20th of June, 1863, or in
of, or out of which, he could be paid a
pupated for in respect of any damages mitered .
suppliant by reason of any breathes of the cornet
nutted subsequent to that period. And further, re (
pleaded that the petition of the suppliant was bad i
stance. It wu therefore demurred on the part of th
for the suppliant's declaration that her Majesty
liable to pay damages for the breaches wiped.
6pliant had also demurred to the erred plea on _
that it disclosed no circumstances justifyieg the breadin
Wined of in the petition, inasmuch as it toasty*
the articles et agreement verbatim. The pctitiosa
demurred to the third plea that the province r'
by parliament was not a condition prectheedenLords t to
formates of the contract on the part of
Admiralty, and therefore that the thence
heir'
of I
vision cannot be set up as a justification of t
the error& There were (waders in demurrer I
tition and the ,
pliant and the crown that the pe
good in substa
The Attersey,ooe.
General, the Solicitcr•Griath
Polden (instructed by Mr. Asburst, solicitorof theP,
appeared for the crown ; Sir F. Kelly, Mr. Bovril.
H. Cairns, Q.C., Mr. Giffard, Q.C.. and Mr. P
etrocted by Assam Wilkinson, Stevens, sad
pored for the suppliant.
There being creesdanwers in the case, the
cided that it was for the suppliant to e I
memegies.
Sir H. Cairns commenced by directing their
attention to the form of the pleadings and the poi
had been tined. The hoe. and learned patio*
into a very lengthy statement, and the cue was r
when oar reportt left.

COURT OF COMMON PLIAS.
Sittings in Baneo.—(Befoce Lord Chief Justly
Justices Willes, Bytes, and Keating.;
JANE&
This wan ommolidated appeal from the revisieg
for Middlesex, and 29 votes were involved is it. rho,
to vote were for " freehold Ames is Falhawb
but ths barrister held that the claimank
entitled to vote, sod he expunged the
ground of his decision wee the ease of " Tepper t
in which this court decided that the shareholders
ham-brides had no qualification. It happened.
that so potion,. of objectios had bees per
the claimants, and the question railed
court was whether the barrister bad power
the names off the list when the claimants had
notice of objection.
Mr. &wisest Hayes,
wr
for the appellant,
the barrister was clearly oog.
Mr Li Briton appeared to support the decision.
The Lord Chief Justice said chat themeifi
tend, was good upon the face of hen'
the duty of the barrister to pars it, notes o'
raised before him by some person qualified
*dm The 'natter was too dear for arpmeat.
Mr. Jostles Bytes remarked that if a daim f
I had been is respect of a freehold ie Theltalit
nutty for seven years. then at would have
the feed of it, end the barrister could strike
without ally notice of objection having bees,
I Dickies mined.

COURT OF PROBATE AND Di
(Before the Judge Ordinary.
=WORDS V. 'zing.
In this cam. which was tried a short ti
Judge Ordinary, satin alone, Dc. Tata. I
Marin. ea the ground Mat saw *video°.
obtained. It was • testamentary suit, when.
will purported to have been Biped with crass!
Weis (a widow Edwards), and by both the
erases, where these latter had also died,
document was wholly in the imedwriting
who took nearly the whole of the props*
badrhsTession of the document ever sines.
case was not concluded when we

COPRT OF RANICRUPTI
.(Before Yr. Commissioner Holm)
Th• Hoe. W. C. S. Rios, the newly-am:Mai
took his seat for the ant time this morning,'
the usual Wise of the Aloe.
(Wore Mr. Commiarioner Window.
oriwt,Thel:ton.bientoimisoeuredvilt...pteeurrniledeaitiAßrirldammthieneta:il
;$26: turi . , Ts ,
stated at 4441. in good debt. • hid and ,
10.866- : ProPert7 given op, 1,14/. ; ditto be
244064. The largest creditors are the back
Mime, and Jonas (Limited), Agra sad '
and the Commercial Bank Corporsti" a
same seenrity. Tlto expenditure is retsreed
annum.
Mr. Heed, foe the mignon, asked for r
additiosal moose* and became
__....ialedal
pearlier, whereby a large oars wil
to the estate. At present only 470rQ11
Mr. Lynne°, oe behalf of the lisairruPti
account@ stresdy rendered were sulliciect.
file Honour directed the application to
order that the official soignee miglit Ma
whether edditional amount' were seceloW7,
i Adjoarsod accordingly.