The Express.
London, England, 1847-02-22 00:00:00

SPORTING.

BETTING AT MANCHESTER.—Pamsw.
LIVCIPOOL fircrwte ensas.-6 to I •LBrunette (t), 12 to I sad
Leger (1), 12 to apt The Roarer (1 , 12 to 1 opt Saucepan, IS to
1 apt Culverthorpe, 160 to 7 sgst Red (t), 100 to 7 sgst Avoca
(t), 100 to 6 apt Profligate (t), 100 to 6 apt Jerry (t), 100 to 6 sgst
re. All, 100 to 11 agst Ihsontint.
Norm Cer.-21 to 1 apt Mendicant (t), 23 to 1 spit The Lamb
SOLD) apt Owner& Ohwura (t), 30to 1 sgat Punch (700 to 20 laid once).
Mto ant Antler (offers to take 1,000 to 30), 40 to 1 apt Flitch (t),
40 to I met Crim Coo., 40 to 1 sgst Fitastlen, 30 to I apt Sting, 50 to
I yet Duke of Rict Inherits-at
unong, 50 to 1 apt
No Unify on the Metropolitan and Newmarket /I
Dour.-13 to 2 apt W. Tromp, 10 to apt Epirre rA., 12 to 1
spePlanet (of), 23 to sgst Month (off), 25 tel 1 apt Onnyngtwas
(a), LOOS to 13 sgst Cttristopher.

tato Internam,.

EQUITY COURTS.
Before the Nester of the Rolls.

ABRAM V. DAVIS.—PATMENT— OCT OP COCRT.—In this
care, which was a creditor's suit, the plaintiffs were s 3 dead,
and so were the executors of the testator in the cause, who
were defendants. A petition was now presented by two per-
sons who had been reported the only judgment =editors, and
who had received part of their debts under the decree in the
cause, for the purpose of having a certain fund, which had
been carried to the account of the testator's widow's dower,
paid out of court to them upon the death of the widow,
towards satisfaction of their debts, for which it was insufe
cient ; there was no other outstanding estate, and the lund
in question arose from the real estates of the testator. There
were three surviving defendants—via., the widow's second
husband, the person who was then the testator's heir-at-law,
though not found so by the master's report, and a party
who took a contingent interest under the will.—Mr. Kin-
' deraley appeared for the petitioners, and Mr. Berkeley for the
defendants, who consented to the application.—The Master
of the Rolls made the order, but he observed that if there
had been any other outstanding estate he would not have
done so.

Theioart heard several petitions and short causes of re in-
terest.

Before tie Ticsalancellor of England.
GROON O. STANION.-01AFECTION To ASSIGNEES UNDIE
THE BANKRUPT ACT.—This nit was instituted by the
assignees of Chambers, a bankrupt, for the purpose of setting
aside certain deeds of arrangement, under winch Chambers
had sold an estate to his mother-in-law for 4,5001., the pur-
chase money for which was to be paid in four years time, and
was secured by a bond—the bond had been made over to an
attorney with whom Chambers had formed an acquaintance
during the period of his imprisonment for the purpose of
satisfying a bill for law expenses. At the time the above
transaction took place another deed was executed, by which
It was agreed that the mother-in-law of Chambers, who had
given the bond for payment of the purchase money for the
estate, should be at liberty to cancel it at any time before it
became due. An objection was raised that the plaintiffs were
not legally entitled to sue as the assignees of the bankrupt, as
there was no evidence of his bankruptcy, and that notice
had been given, under the 92d section of the Bankrupt Act,
of the defendant's intention to dispute the fiat. —Mr. Bethel,
Mr. J. Parker, and Mr. Amphlett appeared for the plain-
tiffs; and Mr. Rolt and Mr. Terrell for the defendants.
The Vice-Chancellor said it appeared, by the 92d section of
the Bankrupt Act, "that the proceedings in bankruptcy should
be evidence unless notice should be given in writing of a defend-
' ant's intention to dispute the fiat within ten days after re.
joinder." The notice in this case had been given after repli-
cation and before rejoinder. Ile did not think the antic
sufficient ; he should, therefore, overrule the injection.—
Decree for the plaintiffs.

Before nee-Chancellor Wlgram.
LETTS O. 111. LONDON ♦ND BLACK WALL RAILWAT
COMPANT.—Cosrs.—With reference to the question of costa
in this aim, the decision upon which had been reserved, his
honour now made an order that each party should bear their
own costa, both of the original and cross suits.
BUTLIN O. MASTERS.—MOTION FOR NEW TRIAL.
His honour delivered judgment in this case, which wits a
notion for a new trial of certain issues which had been sent
to a court of law for the purpose of determining whether the
plaintiff, as rector of the parish of St. Sepalchre at North-
I &raptor, was entitled to a customary payment in lieu of
tithes of 6d. in the pound upon the annual value of all
houses and lands within the parish and, secondly, whether
the houses of the defendant, against whom the elaun was set
up, were within the ambit of the parish. The trial, which
took place before Mr. Justice Coleridge, at the Northampton
assizes in July last, having resulted in verdicts apon all the
issues in favour of the plaintiff, the present motion was made
on behalf of the defendant in January last, upon the ground
that the learned judge, in summing up, had misdirected
jury se to the effect of the evidence of the custom.
His Honour, after commenting at length upon the evi-
dence which had been adduced at the trial, and upon the
reference thereto contained in the judge's summing up, re-
fused the motion with costs.

DAWSON O. PATER.-INJUNCTION TO RESTRAIN COM-
MISSIONS/IA UNDER AN ENCLOSURE AND DRAINAOR ACT

PROM EXERCISING IHZ POWRRB GIVEN TO THEM HT TRH
ACT IN A MANNER INJURIOUS TO THE PLAINTI/7.—The
plaintiff in this case was the owner of certain lands extend-
ing over 1,000 acres, in the township of Osgodby, in York-
shire; and the defendants were the commissioners named in
an act of parliament (6 Vic., c. 6), intituled "An act for
enclosing lands in the township of Cliffe-cum.Land, in the
East Riding of the county of York ;" under the 27th
section of which they had power to make drains, and
to direct, by their award, in what proportion the
expenses' of such drainage were to be paid. It appeared
that the plaintiff* lands, which were bounded by the lands
included in the Inclosure Act, bad been drained from tire*
immemorial by means of an ancient drain ; and that the de-
fendanta, in exercise of the powers given to them by their
act, had cut certain new drains, running into the ancient
drain, without making any additional outlet for the water.
Hereupon the plaintiff flied his bill (in Nov. 1844) charging
that the ancient drain was not more than sufficient to drain
the plaintiff's lands, and that the quantity of water breught
down by the new drains would be so great that it would
pen back the water in the ancient drain, and cause the
plaintiff's lands to be flooded, and praying that the defen-
dants might be restrained by injunction from wing the new
drains in such manner as to obstruct the free passage and
flow of the water from the plaintiffs lands along the ancient
drain. On the 26th Nov., 1844, an injunction was granted,
ex parte, to restrain the defendants from permitting water to
flow into the ancient watercourse, through the drains then
lately cut by them, so as to obstruct the drainage of the
plaintiff's lands, by means of the said ancient watercourse, im
such manner u the same had theretofore been used and

enjoyed by the plaintiff. The defendants put in their answer
to the bill, and in March, 1845, moved to dissolve the in-
junction. Upon the hearing of that motion the court, an
the 15th of April, 1815, ordered that the parties should pro-
ceed to a trial at law upon the Lillie whether the drainage
made by the defendants into the ancient drain would, i 1
completed, to the damage and injury of the plaintiff ob-
struct the drainage of the plaintiff's lands by means of the
ancient drain, in such manner u the same had theretofore

been used by the plaintiff. On the 22nd of July following
the Moue came on to be tried, when the jury delivered a ver-
dict for the plaintiff. A second trial of the same issue, as
order for which had been obtained upon motion, having
been afterwards attended with the same result, the are
came on for hearing upon further directions in January last,
when it was argued by Mr. Anderdon, Mr. Romilly, and
Mr. Crawford, on behalf of the plaintiff; sad by Mr. K.
Parker, Mr. Malin, and Mr. M. A. Bhee oa behalf et the

delsailieen
lib fliesener sew illelivereljeftpenit, eliereine that two
points heels= mile at the beering—eme„ • point of law,
that the Mt emplained of was right, inamnuck
as the detnienn were authorised to do it by
she act of mimed ; the other, a quee4on or
tessttat no dmigge would in effect: accrue lout the
in quietism. As to the Set point,. it might
he eheerved that if the act of parliament had in eapr
tenne fig by resenwery imphination empanelled tee °omen-
damn le Wafts with the property or rights offotbers, sad
igen seeendeeinenelien el the act, that had appeared to
M Menke by Ihe benblare, in stab a case ih aught have
been the di* nee awn to give effect to the decree of the
krigatoapasigemoil. That, however, did not appear to
he the ewe le tie peeeent instance, for the act in gentian
nenlyinibil emelt individual named to deal, *rough
en etn=lellnleins with their cam proper! in the manner
psirtei out. The ditinction between a private and a public
aetofpa human wee materiel upon the present gentian. A
pemoal pablie set bound all the Quays% enbyeeta, while a
est Ale net bind strenagets to the act, or mold only
aiftet the *lie of seneteere by ear= weeds, or by an
fteellftelhaLeillerest blew the art, that the legislature in.
tended be alien them The question whether an act of ha-
rming wee pints or public did sot deposel on
dedderedeee, Ihr sui the lineetion of whet
clans ie the est, se et a weriesi tea the we end& be
domed a nubile en. In the pan waft On*
bee lineety's maiden leeliantly lee
lb
whet wee le beam meierwitnipmen te he nth* a nel
peened set—lwel‘ el Mind le it
pnemel, se esgpened to be for the =iltiftelftividuel
tem& Hie Yikoaar, thee, after reading*a act in q
whist enteineithe 'even tumidly inserted in inelournalliA
doh%sate, mei& the question was whether theperial
rdrain ilea the defendants larger powers aeen
pleiatill, aIM to the act, to bib lerl
ilwinn dna would have pote as swam et
Ile Wei ; ewe, , whether they had m
ere.
sew
en
en* Iltim pewees Utley had th ne dm
elle Win mei he emenered ea establishing either Ileit IN
oinineebei we peen anew the set to alders win the.
*Wire *Orme, ittbeybei *bonen
awned ._ Thejfick bed ben insil fa
tin wen ell ems ene of a public er *=it
FM, nen% mini tbe had been ginehie tie .
emedelleesee to intmelbee private rigida el ellen
per_ bet man Wade le found in tio poen en
by peter welEaperties te Os ea te
Iwe win no WOW Wittiest iihnening tees
dee engenien net eippeineiW est ven&
Ent welt set be WU Malin ter amen einiensielW the
amen of tbe venom of the set, it was widen ne
=le the Omen innate, no len es then eon.
fir bell been anted. Hie them seen a
dt intlaveuretne plank
tarn, net tlezisti
amening the powers Oen nun by
net at Din, to set onto nein er meet sag 41Wlimium.

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