The Express.
London, England, 1856-11-25 00:00:00

. PORTER.-.

This woo an &Ai in for the breach of a contract by which
the plaintiff and soother pewit agreed to hand over to the
etea.!ant certain documents to their poweesioo, which they
alleged were tree, set could prove the defeniant's Oda to
certain property in the hind. of the crown ; and the &f-
-leeciest agreed, in the event of recovering the property, to
pay each of the two parties one-litth of the property so
recovered. The declaration set out the agreement sad
alleged that the defendant had recovered 52,0001.,
but bad not paid the plaintiff one-filth, se
agreed upon. Tae defendant set up various One
which were demurred to by the plaintiff, and the main
caution ra,sed for the epinion of the court was, whether the
egreement as set out in the deoleration leas bed in law, as
being tainted with what is termed "maintenance and
chameery." . . . .

Lord Campbell, is deliveriag judgment, said the case dis-
closed maintenance in its wont aspect; for the defendant.
alleged is hie pleas that the plaintiff, and the other party, 1
enteral Into ea agreement to simply such information
and eviction, In case proceedings were taken in law
or equity, as would enable hint to recover certain pro.
perry to which he was entitled, and that if he should
stinted in recoverieg it, he should pay each of the
two parties one•fifth ct the property. They suder•
took to furnish evident* of each • nature and quality as
would his soeees•, and therefore t►ey were to supply
it in • seamier which was most likely to lead ha perjury
and the perversion of justice. Under num circumstances
the court were of opinion that t►e sysemeat was clearly
illesel.
J odgmest for defendant.

I ODONIIINT.

Lord Campbell al.o delivered jodgmrot is thM CAN. It
was as action sun a time policy spina a cunt which was
totally lost in the roadstead of Saaderland, daring a steno,
with 22 of hererew. It appeared that is ever to mike edam.
use of the spring tide the ship trimmed the her sad cast
'eau in the roadstead. Whoa she l.ft the la elbow she
was sot is • seasterthy state, the rigging being Incomplete ;
but riggers ware seat out, and while um vessel was lying ,
in the roadstead the rigging wee rude perfat,
and the ship put out la a seaworthy state.
beore, however, she hal proceeded for a gale rose, and
the anchor hmakiaa, the wee dratted to qua a reek.
At the trial before Mr. Baron Brom* I, at Dolan, the
pay found that the ship wan itheseworthy when she left the ,
euttoar, but visa sot lost while in that state, sad that the
!:es was occosi,ned by the dragging of the cable and the
itability to ship the enchor, end was sot ceased directly or
indirectly by the uswaworttriseas of tee ship. A verdict was
socordiagly fund for the plaiatad, bat a rale was saber-
gently granted for a new trial upon the greyed that it
ught to hats been left ti the jory to say whether the
wrosgfel set of the pitiet,ff in seadiag the ship to sea in as
esesawouty Mate had aot unwed the has, the deheadaat's
sigumeet being that the lose would set hue oeurred Utile
enp had bus seat oat of harbour is a seaworthy state, fee
in that case she would have been able to put oat to sea' and
Om avoided the duke, of remaining is the road-
stead. The horned judge said, it was a funda-
mental trieeiple of imamate law that the issuer
should sot be liable for soy loss which was
serseioaed by the Neglect or wrongfal set of the aimed, and
the cooties is thM ease was whether the lose of the ship
wee fortaitoas or woe isthmoid or caused by the wroagfal set
or neglect of the plaiatiff. The court were of opinion that
the direction of the teemed jedp woe dilutive, that the
rule for a new trial should be awls absolute, and that it
should be left to the jury to say not only whether the lose
was at ribatabls to esseawerthiness but whether It was occa-
sioned by say wrongful atter default of the plaintiff. Though
the enrt eree an divided in opiates, they wire ready
to permit an appeal te tha Court of Bnor if the patties,
preferred that warn.
Mr. Kaewin said he wee shoot teak for that peciaimlim
es he would rather appeal to a Ccort of Error than go de WS
Spit to tr.al.

COURT OF COMMON PLEAS.
IMMO la sum.- way tsar JUITICII cantatas An, MTN

♦ SEM

OF ♦ coil. CI.UB.

This settee was triad a few days ago, before Mr. Jae**
Wino, at Guildhall, whoa a verdict was foaad for the gYF
tiff for 391. _

Mr. Udall new moved for a role to enter the verdict Re
the deleadaat epos Immo reserved, sad also for • new trial,
salute the plated, wee mutest to redoes the verdict to
151. The p!ainuff was a oval merchant, anti he iced the
defendant, who wee the laedlor" of the imend Table, ha
Martia's-wiert, et. Merin's-lane, and shamus MO of the
members of a society called the " Royal iremisiame Oval
Society," whit* society was bald at the ibehailesee Mmes.
It appeared that the plaieuff bad NOW lato as
arrangement with the secretary fie supply the
members of the society with oak, mite the
plaiataff had dose to the amount sf lIN. The
I d counsel now eutintived, as it had bees pr ess.
that the Weed's; although a member. sever isterhend
st all in the 'management of the club, that the sectary
could not enter late a contract so as to bind the defendant
In his absence. If the plaintiff bad a remedy agehalt asp
body it was against seise penes who bad entered into the
cow rat, the defendant not having beta present whoa the
order for the male wee given.
The court thought the question ought to be dimmed,
and granted a rale ern all point'.
Rale greats!.

COURT OF EXCHEQUER.

lITTIMOII I

shwa, ma LI

Amman, ala. 'Aso:. walrus, Amp ma. way imam,.
DELARUI I. tom:act:a aPD 021111.1

MUMANCL

Mr. &tweet Shee mu;;;;;tkhalf of the pletatiff for q'
ittoehmeot ageless the defenosnts Colonel Fattiness end
others, the direetore of the Alderrhott Matters Company.
for disobedience to an injuockoo Wined then by Mr.
Justice Crowd.r.

It appeared thet the eVion was brosght to recover cow
rogation in demises for a nuisance carried on at the
oefeadent's works, which off -ct.l the presence of the plain-
tiff Thom works were arablishod for the purpose of
deodorising aid desiccative; the sewage wetter, the offal,
manure, sad refuge, whir, was removed teem the camp at
Alderehttt from time en tune. The da &indult, pleaded at
trot act galley, but subsequently withdraw that plea gad
paid 601. taw court, which sum wes takes out by the
plaintiff, who, in August lee, obtained en icjimiciou
which was disobeyd, and the plaintiff now applied for ea
attachment ageism the derv:Waists for such disobedience,
the nuisance complained of being still cont,oned, to be
deeper of the health of the plaintiff, sod those residing in
the seighbourt ood of the works, from the pestilential
effluviums arising therefrar•
Harm Aldmot —We cahoot judge of the steeeh
velem we smell it ; and, fur my part, I an meteeted to
amosisplish that desirable object threagh the Immo( a master
of the covet. Suppose you ogre* to rand down the master
who bee the longest nos., to the works. (Laughter )
Sir V. Thesiger, who appeared on the other Md., said the
ministers@ es their lordships were swore, was in these came
moat coidietieg. The affidavits on the part of the pleistiif
disclosed that a girl who was picking hope in ea edit:doing
field could oot proceed with her work w.thost holding •
handkerchief to her tics*. (A. laugh.) This wait simply
absurd.

Kr. Ilsrjeset She' eneepleised that th. defeedaste had
wilfully wad deliberately d ruiryed the order of the !termed
ledge, se he wield show, from the affidavits filed by the
pigtail; that the askance was is eaisu ace trots May till
the sad of Oe ober.

F. Theeir r said the 011iSaRCO bed bees diseentimard
Mace Jay last. Ibis was a matter cf ;treat repartees* to
tbildefeedeote, who are blued by a ccatreet to remove the
moil, de , from the cusp, which, if left there, would meats

, .
pestilence.
The Chief Baron said that thia leaned coattail cuild sot
ones for so attachment oo the lost day of term. He would
esopet that • ge•tleman who recanted • Loh position at
the her (Mr (frow.s), sad whom reps atioa far chemical
kaowleoge has spread. for beyond Os limits of this elantry.
eluteld visit the work, from time to time, sad report as to
the *malamute or discontinua.* of the Bahasa mm

plaised of.
After some Eieceepoe tete meta woo seceded to. with
the eadentewliee that the qualities' cf tons should be
messed for the eezitioa of the evert.

COURT OF BANKRUPTCY.
Woos, OIL 0.1•1•01041111 U*120•11.
IN RE SHE ROYAL ball MN BANE.—PREPARA-
TION OF TUE BALANCE-SHEET.

Mr. Harkened, ea behalf co! the 'misusers to this w.
renewed the appliratira for se order e•e the directors, cell
is, oa then te prepare srd b'e the b-lease-sheet and se.
*oast. of the beak.

Mr. Krell, Mr. MISOO. Mr. aid ether path,.
in, appeared for the ulte:ters.

After a aeniveramion, .1 wu agreed that the form of tie
balaana-sheet to b. prepared Anal.' be settled batman Kr,
Lot, tie eglisial ma'am, sad Kr. Coleman, the ammuntant ;

.
met tbat a formal order should the. be mad* certespondlag
tbente.

TRII CIUDITS.II MtliDlllll.--Jaeltoo• n.aSns 111
the wine deadrd laced in which lieeppeorod at hie eatable
tion. We understood tl at his Meade have doodad M-
agnesite awnisst wherever for the vergivore of hie de-
arse*. 6o wW hove, thesofese, re role open sesnael up•
pouted by the judge for his etaimpe.—Chestar CAroitick.