The Express.
London, England, 1849-01-12 00:00:00

Lammas. Setts.—BlLL roa =acme P2110811A31011
or AN AORINITINT TO TONOSSAAN SWAZIS IN A COAL
Mmn —Ti. ViesCheariber ildirered judgment la this
ease, whisk wee a bill NW hi the sped& perarateris of as
=S lee the audgenior rare& "bans is • "ether,
Astile, If whisky, awl Toggles, is Neither
Was& • leer of th. .be ia geodes wee
tad 4th. Os—is= of Newburgh to
lb. whe stherently eater= iats as
egremest to oath= theta share ot 4.0001. sack to
airrilriii=k3Siarl who. w..
sent
,sgalar
ad* sad mak Daft this egveseasetr.
it was provided
that wren works Om he progress at the rime "Mudd be
reepiend i that the treibeer at Warlord% horn where
the soh was to be shipped, Amid be Improved aid made
iapable of rooldm skips of a erred. tenet", withia leer
yore time ; and that • ri,tht of way err the reds Moo=
Vie whim sad the lobes, Awed- be tithe the put-
dorm el the shame. Ail the perdue'', et three agreed
to pother the raft*, miser the two defeadeste Amith
mad who laeletsi that the woks at the rims sad at
dee keittr.a_eitit Weekereet% had sot beea amplend withia
are that the " way heves • between
ailitaressilmist bad mot bra erred, .wept by
thde=aof an= to the emus of the lands, which the
aratorded they ea tkt sot to be iraneeted to.—
• vat reverrity of =khan we produced oa hell eider, and
the argaiessr laded ise s.-111 ia &-
theft isagarat, said s
•isy
decdaySmear,ree hr spell& per-
ihrioft, timid be a metre et mane, mire there
woe "ire Amin" *Moen= ma& on. TM .sty objection,
Is leek am rat time was of the eosin, eft sestrest. It
wee impirible le leek at this ors withouteeitz that due
was et the mss" of the coatrest. It a that Lady
Newburgh Imul eft • Leo of the rim, sad Mr.
Lane* repreentod the Wend hiser, who Ind =hoed
isle a merest Ida 1M albedists hr the purpose of forst-
ieg a lo 'dee Na isal eider the had so leased,
eel aaauw wish the ref sod these woo a 'theme
fir imperng the When of Warkworth hem whence the
cad was to be rest Is ass; ad it was =primly sovemated
that the bather thrill be completed accordiag to' a plea
=of * Sie Jela Rearm with= a =edited time.
ether egveereen woe mined tato, bet it was dear
that this usdenekhog to readete the works within the
tire eyed epee was sever altered. It appeared that the
weeks add set be eon• Ward, and • =Monition was
esters! re, biestiamob,hareheiden, and Mb, erne of
the imiributed 501. • Int Smith
severtitair sdose,mdi gueleMed Om the Ant agaiar the =sea-
Ira of the ".leek, mho' the web woe eargisted wields
the time. New it 'wood that the ftileur sew lad bra
aempleted, ind hen the odes,* it did set "era likely that
it over weed oe, thumb'', auras, le the are= of the
egreerrat, sad the 'Alms isatt,r adthat the dinsiatises
had sever M 'es fain= he thought that the bill mast be
direlesed with costs, as against the athadants, Smith sad

Before VlN.Chaeasike Wier&
NIKON IP. TAP, Voris ILAILWAT Comeau*.—CONTIACT.
—The pia:stiff in this case, to April 1838, had entered Into a
esetreet with the defendants to execute certain work. thereia
ispiesilled, for which he was to be paid the mat of 7,3051.,
aaMest to LAMMs or dieniaatien in ere the rim-
posy should require any altaraties Or addition
to be made to the weeks 'resided. The umlaut elealinsi
• proviso that any order for such addible, or alheatisms
ahmald be given is writing, slimed by two of the direelete of
the sempaay or by their initial* or semistaat reeideet
lAN fee the time Wag, and that each extra works shield be
paid for at the rates =split nee! ia the coatract. le the pro-
gress of tho weeks rimed& -able extra work was found wets-
Barr end the plaintiff, with the privity of the company sad
WA; agleam, performed reek extra work but without a
written oder. The company refused to pay for such entre
with et the rites 'yachted ia the written costrect
April, 16311, sad the ball woe Wed hi esteem pay-
meat at those rates, and for a scorns. The
gam daubed is aspect of extra work amounting to 1,71 W.,
bed boos disallowed by tlio master on the grosad that the
meek, es it had been peke/ell without a written order,
weld sat ho ~Moroi as work done under the matron of
April, 181111. TM plalauff excepted to the report, and the
onus was snood upon the exceptioes in November lest,
when Mr. Wood and bir. adman appeared or behalf of the
plaiatilf, sad the Bolleitoraeneral and Mr. Jamas oa behalf
of the defeedants.—His Honour now delivered judg-
meat epos the rue, storming the master's
and sad that the works ia question
Srtie:cfbeeu performed 'Limpid the written iastructions re-
Led by the coatrist of April, 1838, could not be cassi-
a extra workadoes under that contract, end that he was
bound S. try the ease as that of a pureir legal demand, and
re it would have been tried upon an action of covenant The
ease valet therefore stand over till W. dnesday for the phis.
Ulf to consider whether he would take proceedings to try the
sou of soveseat at law.