The Express.
London, England, 1847-06-07 00:00:00

gage held by the plaintiff on the ship Tam 013hanter
and her cargo, against the defendants, who were
holders of a bottomry bond subsequently executed. The
mortgage was granted by the captain, who was also part-
owner of the ship, on her sailing from London for Calcutta
in 1831. Some repairs becoming necessary on the voyage,
the captain pat in at Rio Janeiro to refit. On reaching Cal-
cutta afterwards, the ship was in a very bad state; she was
then repaired, and the bottomry bond wee executed to the
defendants, who paid the expenses; they also procured a cargo
for the home voyageon resuct of w hick they had another claim.
The defendants, ea the arrival of the skip in London, made
their claims on both grounds against her and cargo, which
were sold, and the proceeds were paid into court under en
order in the cause. The Muter of the Rolls, before whom
the cause came to be heard in 1837, held, upon the evidence
before hint, that the bottomry bond was void for fraud, but
the Lord Chancellor, upon appeal, reversed that decision,
and directed a reference to the master, to ascertain what
sums were necessary, and really expended in repairing the
ship, to enable her to proceed on the voyage. To the mas-
ter's report on that head exceptions were taken. The
Vice.Chanoellor, by his order is December, 1846, now
appealed from, held the bottomry bond stood, and ululated
the claim of the defendants, to that extent, to have priority
over the mortgage, bet their claims for other expenses
were to be postponed. They appealed from that part of the
order.—Mr. Bothell and Mr. Spurner were for the appeal,
Mr. Rolt supported the ViouChancellor's order.—The Lord
Chancellor, after stating the facts of the case, expressed his
opinion in concurrence with the Vice-Chancellor's. The
defendants could not be in a better position than the cap-
tain, under whom they claimed, and be bad no right to
charge the ship, as against the mortgagee, with more ex-
pense than was necessarily incurred to enable her to make
the voyage, and which alone was to be covered by the hot-
tomry bond.

Before the Vler-Chansellor of }island.
ISTANILAND V. WILLOTT.—INJUNCTION TO REATILAIN
VIE TRANAPZIL OP SNARLS DISPOSED OP BY A LUNATIC.
—The plaintiff in this came was a lunatic, and win represented
by Matthew Howitt, his committee. It appeared that the
plaintiff had suffered repeatedly from attacks of apoplexy,
which had brought en his present state of mind. Shortly
after his first attack, he made a transfer of 8.5 shares in the
East London Water Weeks Company to the defendant, who
had been in the habit of manamng his affairs, and an
arrangement was made that the defendant should pay hint
the dividends received upon the shares. The defendant
afterwards claimed en absolute interest in them, and dis-
posed of 30 out of the 85 shares. This suit was instituted for
the purples* of compelling the defendant to re-transfer the
whole of the shares to the committee of the lunatic, and to
rive an account of the dividends received upon them. An
injunction was granted by the Vice• Chancellor in December
last, to restrain the defendant from in any manner dealing
with the 55 shares which he had not disposed of, and a
receiver was appointed. It was now stated that since that
orth r eight new shares had been allotted to the defendant,
in respect of those already held by him, and a further injunc-
tion was applied for to extend to the new shares.—Mr. J.
Parker and Mr. Glasse appeared in support of the motion ;
and Mr. Bolt and Mr. Selwyn for the defendant.—The
Vine-Chancellor granted the application.

Before VlsoChancellor
Monsicorsz v. MANCHERTIR AND LARDS RAILWAY
CONPANY.—INJosmoN.—The plaintiff in this cue was
the lessee, for a term of which twenty-five years were unex-
pired, of a colliery, with the land above it, extending over
twenty-five acres, at Thirstlehead, in Yorkshire; the de-
fendants were the proprietors of the Manchester and Leeds
Rulway ; and the object of the suit wu to retrain the de-
fendants, by injunction, from continuing the construction of
a tunnel which they bad commenced through the plaintiff's
mine, under the following circumstances t—lt appeared that
in June, 1846, the defendants, under the powers of their act,
entered upon and took possession of about three acres of the
plaintiff's land, and commenced boring the tunnel in ques-
tion through the mine. The plaintiff had sent in his claim
for 3,259/. in respect of compensation for the land taken and
machinery removed by the company, and notice had been
given under the Land Clause Consolidation Act for WWll-
ment of damage before a jury for the 17th instant. Prior
to the entry of the company upon the land, the water
raised from the mine through the plaintiff's shaft had
been drained off by means of a brook running down
the inclined surface of the land. The company,
however, linos the commencement of their works,
bad been in the habit of throwing the loose earth raised from
their tunnel over the surface, thereby raising the level, and
obstructing the flow of the brook by which the water had
been drained off. The consequence was, an accumulation of
water at the surface, which had commenced running down
the plaintiff's shaft and the shaft communicating with the
tunnel, and had drowned the mine to an extent which not
only prevented the further working of the mine, but ren-
dered it impomible to ascertain the amount of damage done,
sou to obtain a proper assessment by the jury. Under these
circumstances, thepreseat motion was made in the terms of the
prayer of the bill, for an injunction to restrain the company
from causing committing the How of weter into the plaintiff's
mine, either down their own shaft, or down that of the
plaintiff, or in any other manner ; and that, until the de-
fendants had taken all the necessary steps to ascertain the
amount of compensation to be paid to the plaintiff in rospiset
of the claim already semi in, as well as of the damage since
and hereafter to be sustained by him in consequence of the
works undertaken by them, they might be restrained from
continuing their works for the conennetion of their tunnel,
and from remaining in psesionem of the plaintiff's land for
that p rposei that *II company might be restrained to
mach extent in the said matters as the court might think
proper.
114. Bolt and Mr. Tripp, in support of the motion, stated
that the um of 3,2691., claimed by the plaintiff, and which
had been psid into the Beak, was far from being sufficient to
meet the damage ocuiened by die increased How of water
into the mine, and that ware the deffindants were prepared
to pay into court the whole veins of the plaintiff's mine, the
injunction ought to be vented. Mr. Bacon, and Mr. J. J.
H. IhriefthreJe, cents, insisted that the injunction was nn- I
nemennay. The quell= of compensation would be open to
the jury en the 1724 sad the plaintiff might make suck ad-
claim es hodaseght fit in respect of the increased
damage occasioned by the flow of water into the mine. The
cassiany were net aspired to dispute the claim for oom-
pesoetion, but, on the esistruy, were anxious to pay every
shilling of damage aid* had been sustained. The plaintiff
=if he pleased, mead his claim for compensation,
this was net neesseeiy, the Bailway Clauses Consoli-
dation Act, 8 and 9 nett, a. 10, see. 81, containing ample
provides for smarmed* to the owners of mines for
additional armee esseekned by the continuous working
of ensit minas being feeserepted by railway works. His
Hewer basing Wert* en opinion that interferenceby
isfundien Mild Were tbe essapeey to an extent not to be
tiasded,* seder wee taken by enema that the case
sMIU dend ever, the pieindr Meg at liberty to amend his
dada de mar media to be seemed by the jury is such
manner es b• Muhl SUM At, and the oommy andeetskieg
to abide by wk ester es the court might afterwards mks
se te easy deaege seetelaul by the plamt4 h eassortince
of all eliaNdaffie WWI" end which damage could not be
aseerteinal et the time of the emsement by he_ jury.
Tan Dual or RIAD7OIT O. Sin Joan NOD= AND
cruse.—INJUNCTIONe—Mr. W. U. Jams and Mr. Du-
mergue applied to perpMM an infused* which bed been
granted upon mefisa by the Vke-Chancellor of England,
• the lidiadials from welt* their mince in
manner tea mine Issisaglng to the plaintiff, and
with they ware connected try mom of • shah. The
karma souralhad only partly op** the sae to the rising
of the waft

COVET OF QUEEN'S BENCH.
TreClonax vaiIIIERAW.—APPOINTKINTOY aßonovorr
Conouns—latble ems, ism" had bola Shea ca en falame-
dos to the nurse et a see era/Tanta mere' the dehtmleat,
tor trankkrathe Alm el @eraser Ise the lamegh it
and thejerylowl *end a agaidd radios, w="abseense,
"ed the kiirefs. h enesab.
within whisk iodic the dd &elm, the anger
cies of ramerz. In dr
Mea kipel
yew/ 1816 the brut
ll=
jaded to the prodeirme of tie
Amish's* Act 6 * 6 Wm IT., e. 76; and ha the year
ISM epplisetka was rode es the OMNI by the new =
don for the grant of a espervai sat
On the 28th of April a warned, wader CZ arnual,
authorised the gnat, and on the 60th of April the meat of
the arown 103 ampreesed ins conveyed to the Town Council,
la a letter frets Yr. Phillips (the under-secretary of state.)
She 62nd serka of the act directs the council of every
bores* t. width the grant of a separate court of roarer
amine mid brae been made " within tan days next ease the
grant of the mil putt shall have been signified to the seem
eil et 0•11 k 1.11111.0," te appoint a fit person, not being an
ebirmen er eseacillor, to be coroner of such bmmh.
Within tea days after receiving the letter of Mr. Ppa,
the are& of Wigs., by resolution, but not by an Metre-
meat arm appointed Mr. B.ogerson, the Maar in
to the cam el eeraler. On the lith of
grant el the Oeert of Quarts. lisedeas
po the mMISS seal, ad wet thereby lothwith *Mei to
the mesa Widtin the to days mat eitere=rti
Rogerson bell sr inemetwitkin the loraregb, awl
to met asierosir,by end
paymleen be rsoogehededr ommer by the
sfres yea t of his ire es d/ the
If womb or ,1E42. Oa the 9th of itren, 1842,
one of the dem !zed by the rater he a orammety meeting.
" for the temordso elgeneed bminer," the tetra mama
met and eke mete bier bid blentorresleil, adjourned
to des Ida of Raeder. These doge' nude' ell the latter
mead/gyre Ora le theeersdi, bet neenstemsommeat of the
Wainer lobe We. Imeseeted wei ash la that make. At
this adjourned meedeg, it was tared,orentbad, rad carried
that Mr. !topers.ie wham me sidle bad bra given, be
removed. Aad ebb missed, seradoi, sad seded. that the
defaileat epptimbei le *albs ef orame. It vie then
alee wired ly the lowa eemedl est a *noel eppidirmat
tithe dedmient Is the ells Meld be draw* ego; sell seek
an eppiateamt was awe up, and the corpuses einl af-
fixed to it ea the Mk of June. From that than dem teeth
Mr. Romnsa and Mr. Orinahaw have takea
within the boretagh. In May, 1844, this ins
shit** sail the home raked ea it were-1. the
elks ell imam eir Wla vie rem' et the time efiteix-
peletment of Mr. Wailer. y oat
whether the meeliep et the fa and
16th Normaber,
1842, bed be duly euneral; mad, fourthly, whither Mr.
Oriluskaw bd teat dab seated. Mr. Martin, Q.C.,
now heard for the crown ; sad Mr. Watson, Q.C., for the de-
fendant.

The mut was of opinion that the office of coroner for the
Boronsli of Wigan had been full when the defendant had
been ',sainted. It had not been strongly contended, and
certainly it wu far from baring been made out, that this
appointment ought to have been under seal. Apart from
that, and whether the letter of Mr. Phillip, or tbe actual
grant under the great seal mu held to be the document
which satisfied the words " signified to the council," it wits
plain that the office of coroner had been filled by Mr.