The Express.
London, England, 1848-02-01 00:00:00

taut inttilfgente.

SPRING CIRCUITS AND LENT ARIIZES 1848.
riol7olJi Ciarerr.—Judges : the eight Hon. Sir Frederick Po:leek,
Ent., Lord Chief Baron of the Exchequer, and the Hon. Mr. Justice
Coltman.—Buckingliamahire, Monday. March 6, at Ayleebury; Bed-
83rdahlre, Saturday, Match 11, at Bedford; liuntingdointure, Wed.
today, March 13, at Huntingdon; Cambridgeshire, Friday, March
17, at the County Courts at Cambridge; Suffolk, Tbunday, March 23,
at Bury St. Edmunds; Norfolk, Tueolay, March 28, at the Ounle of
Norwich; City of Norwich, the same days, at the Guildhall.

EQUITY COURTS.
Before the Most• of the Itolß.

..... -..—....
CLARK O. FREEMAN. —RIGHTS OF PATATVANS.—Mr.
Turner (with whom was Mr. Wickens) moved in this case,
on behalf of the plaintiff, Sir James Clark, Bart., physician
in ordinary to the Queen, to restrain the defendant, Richard
Freeman, a chemist, living at 5, Clayton-place, Kennington-
road, from selling or offering for sale some pills, of which he
was the manufacturer, in such manner as to represent them
to* be the pills of the plaintiff, and from holding himself
out to be the agent of the plaintiff for the sale of the pills.
It appeared that the defendant manufactured the pills in
question for the cure of consumption and other pulmonary
complaints. and, to puff them off, he published advertise-
ments and circulated hand-boles-it worded as to lead the pub-
lic to suppose they were the pills of Sir James Clark, who
enjoys a great reputation in pulmonary disorders, having
written some treatises on the subject. One of the adver-
tisements was headed—" By her Majesty's permission,
Sir J. Clark's Consumptive Pills, a certain cure for consump-
tion, and an unfailing remedy for coughs, asthma, difficulty
of breathing, &c-;" and then followed a dissertation onfpul-
monery disorders and a eulogy of the pills, and at the toot.
"Agent, Mr. R. Freeman, Kennington-road, and to be had
of any medicine vender. 2s. 9d." There was also a repre-
sentation of the royal arms after the words " Her Majesty's
permission." Another advertisement was in the form of an
apology to the medical profession for selling a patent medi-
cine. The defendant had spelt the name of Clarke with an
e at the end ; but the intention appeared to be to induce the
public to believe that the pills were manufactured and sold
under the direction of Sir James Clark. In support of the
application, an affidavit of the plaintiff wan read, in which
he stated that be had annul the pills to be analysed, and had
found that they contained antimony and mercury, which
ware very injurious in misty cases of consumption. Ile had
received several letters from parties in the country, some
asking him how they were to use the pills, and others com-
plaining of the ill consequence. which had followed from
the use of them. Master of the Rolls thought he had not
jurisdiction. There could not, he said, be any injury to property
sou to induce the court to interfere. An attempt to impute
to Sir James Clark that he had anything to do with a quack
medicine was perhaps defamatory to hie character, but he
could not imagine that a person in hie position could be seri-
ously injured by it. Be must refuse the application.

Before Vke-Cheneellor Wigram.
ALEXANDER V. YOUNO.—CONSTRUCTION OP WILL.—
His Honour delivered judgment in this came, the guesiion in
whilt arose upon the construction of a will. Hie Honour
made a decree in favour of the plaintiff, and directed
a transfer of the fund accordingly.
MILNE v. PA RE EL—CONSTRUCTION OP WILL.--CoNvER-
SION.—His Honour also delivered judgment in this case, the
question in which was, whether upon the construction of the
will of a testator, his widow, who was named as tenant for
life of the residue, was entitled to the enjoyment in specie of
a sum of long annuities, part of the residuary estate ' • or
whether the parties entitled in remainder bad a right to
have it sold, and the proceeds invested upon the trusts of the
will.—His Honour was of opinion that the widow was enti.
tied to receive the dividends of the long annuities in specie.
—Messrs. Romilly, Wood, B. L. Chapman, and•Baggallay
appeared as counsel fur the different parties to the suit.

COURT OF QUEEN'S BENCH.
Sittings in Rana.
Ex PARTE WHITWORTIL—MANDAMVII TO COMPEL A
RAILWAY COMPANY TO COMPLETE A PROJECTED LINE.—
Mr. Martin, Q.C., mov,-d for a rule to show cause why a
mandamus should not issue, directed to the North Midland
Railway Company, commanding them to complete a certain
line of railway from Somers to Burlington, which they had
agreed with Mr. Whitworth to do, he having some property
on the line. They had now stopped short of Mr. Whit-
worth's property, had told him they should not complete the
line as at tint agreed on, and that he might seek any remedy
he plea-ed. The learned counsel referred to a cue of the
" Queen e. the Eastern Counties Railway Company," in
support of his application.—Rule granted.
JACORB V. TAULTON.-1111 this Pale, which we reported
yesterday, Lord Denman said the court were of opinion that
the learned judge who tried the cause was right to relusing
to admit evidence in reply to the defendant's cue, and the
rule must therefore be discharged.

COURT OF EXCHEQUER.
SiHine in Banes.
CHAMBERLAINS V. THE CHESTER AND BIRIENUELD
RAILWAY COMPARY.—PLEADINO.—Sir P. Pollock, C. 8.,
delivered judgment yesterday in this case, which came be-
fore the court upon a demurrer to the declaration. It al-
leged that the plaintiff was owner of a certain ferry across
the Mersey; and that the defendants had wrongfully and
fraudulently, and in evasion of the statute by which they
were incorporated, made a branch from their station to a
spot on the sh,re " near to the Woodside ferry," without
first having made and opened another branch to the plain-
tiff 'a ferry, as they should have done according to the 11th
section of the act. The defendants demurred—fir-t, upon the
ground that the declaration did not allege the plaintiff had
sustained any special damage by reason of the acts com-
plained of; and secondly, because the declaration did not
ezprwaly show that the defendants had committed any
breach of the section relied upon. It was only alleged that
the defendants had made a branch railway " near to Wood-
side ferry," whereas it was contended it should have been
alleged that they had made one " to" it. Those points
having been fully argued, the court were of opinion, with
respect to the first, that though special damage was generally
necessary, yet it was not essential in the present case ; there-
fore as to that objection they were inclined to think the
declaration was good, but they wisked to give no decisive
opinion upon the subject, because they were unanimous in
holding that the defendants had sustained their objections to
the declaration upon the second ground. The action was
founded upon the 11th section of the statute, and in order to
sustain it the plaintiff ought to have shown expressly and
clearly in his declaration that the defendants had committed
a breach of the provisions of that section. The allegation
that they had wrongfully, &c., made a branch near to Wood-
side
ferry, did not amount to anything sufficient to warrant
the court in saying (looking at the record itself) that they had
committed a breach. They thought the declaration did not
aver the breach with sufficient accuracy or clearness, and the
demurrer upon that ground should be elloved.—Judgment
lot the defendants scoottlisily.

COURT OF BANKRUPTCY.
Mime Mr. COMMIMiCatir Shepherd.
IIUICMCIENT ACOOUNTS.—Edward Callow and Ma*
Faversham, stock sad share brokers, Cornhill and Finch.
lan., cam,• up for their last examination. Ultimately, the WI
examioa, ion was adjourned, for the production of mots de-
tailed cash account&