The Express.
London, England, 1853-02-01 00:00:00

iLaW intenigence.

EQUITY COURTS.—Yznispei.
Bunts vas Loan ensamtusa.
Its THOIIr.—LVIeaCT.
In this ease, which was part heard on Wednesday, an
application was made on the part of the committee of the
estate of the lunatic, who was tenant for life, under a will,
of estates in England, and also to several estates in Jamaica.
By one of the provisions of the will, the seta's* in Jamaica
were to be kept up. A large debt had been incurred to the
consignees of those estates, t 3 secure which policies of insu
rance had been eff,:cted on the life of the lunatic, the pre-
miums on which absorbed the proceeds of the English es-
tate.. The late Lord Chancellor made an order which, in
effect, operated as a direction for the discharge of the debt
of the consignees, as far as possible, and almost for the
abandonment of the Jamaica estates. The committee of the
estate, who was also the remainder-man, sow applied to
the court for an order sanctioning an arrangement by which
efforts should be made for letting the Jamaica estates; that
a sum should be granted to the agent of the estates, to
enable him to prepare for the neat year's crop, and to pay
expellees incurred since July last ; and also that a consignee
should be appointed.
The Lord Chancellor said that he would not decide on the
course he should take before he had carefully looked into
all the orders which had been made; and at prennt he
would only state what he felt inclined to do. He thought
it was his duty, if there were any funds of the lunatic for
the purpose, to reimburse the consignees; and he must not
give any encouragement to the agent to proceed with the
cultivation of the Jamaica estates, his only duty being to
endeavour to let them. He was inclined to declare that the
surplus income of the English estates should be applied to
the expenses which bad been incurred since 31st July last,
when the late consignees ceased to act, and also to be applied
to keeping up the cultivation of the Jamaica estates until
they were let ; and also that any surplus pro-
duce of those estates should be remitted for the
benefit of the late consignees. That was the order
he wished to make, if be could do so justly. He did not
think that any debt to the consignees would prevent his
doing so, unless their debt was such an one as would be a
charge on the estates. With this view he would look into
the question of their legal rights, and it would be necessary
for him to examine the orders which had been made. He
thought there would he no injustice in such a distribution
of the funds as he had stated, unless he found something in
the 'nen to prevent it. lie would give his final judgment
before the next mail left, and it would be as well to end
out by the present mail a strong intimation to the agent
with regard to his attempting anything in the way of culti-
vation of the Jamaica estates, for he might thereby leo-
pard:se his 6001.

surdas rem Mum or TIM Scala
BIZIINNIAD DOCK TRUSTIMNI V. SHILIWS
RAILWAY COMPANY.
Mr. R. Palmer, on behalf of the defendants in this cause,
moved that an injunction, obtained on the 13th November,
whereby the defendants Sere restrained from placing an
iron swing bridge between the Morpeth and Egerton decks,
should be dissolved. The railway company had entered
into an agreement with the dock trustees for a perpetual
lease of a quantity of land, called the South Reserve, for
the erection of u station. In August last a new set of trus-
tees were elected, and they dismissed the then engineer,
solicitor, and secretary, and stopped the progress of the
erection of a bridge which was then going on, and which
Mr. Randall, who bad been re-appointed engineer of the
dock company, considered was of improper construction.
It was now contended, on the part of the defendants, that
inasmuch as the bridge was absolutely essential for the pas-
sage of locomotives, that as it was completed, with
the exception of some works, which would only require
the expenditure of 1501., and as there was engineering
evidence that it was of proper construction, and well cal-
culated for the purpose intended, the injunction ought to
be dissolved.
His Honour said he could not dissolve the injunction.
He could not allow the defendants to interfere in the
management of the bridge by the plaintiffA, and if any
damage were done to the defendants, the plaintiffs must
answer for it.
IN lla VIZ NIWCAATLI UNION BANKING COMPANY.
This was a petition that this company be placed under the
operation of the Joint Stock Companies Winding-up Act.
Mr. R. Palmer, whe appeared in support of the petition,
said the petition was presented some time beck, and had
stood over till the present time. It seemed that
in 1847 great mismanagement was discovered to
have taken place in the affairs of the bunk. Since
then it had been carried on with the consent of a large num-
ber of the shareholders, and the persons who had had the
management had considerably reduced the liabilities. There
were still, however, outstanding liabilities to the amount of
168,8841., and they had assets realisable to the amount of
114,9401., showing an insolvency to the amount of 43,9811.
Under these circumstances it was admitted the company
could not exist except for the purpose of winding up its
affairs. The petitioner, who was a shareholder of the com-
pany, had been sued by a ( reditor for no lees a sum than
16,0001., and he had consequently a full right to coma to
the court to have the company wound up.
Mr. Ilinaloy, who appeared for the banking company,
said he did not appear to resist the petition, hut only to ask
for time. The bank was established in 1836, and it en&
waded payment in October, 1847. At that time the Ittp
Witte* amounted to 1,800,0001., which had since been tors
dosed to 158,0004 The lasses to the bank principally area
from advances made on insufficient securities, consisting et,
iron works and alkali works. In consequence of the ed.
yeast is the pries of iron, these works had become of eon-
sidesaMa like, end the directors had entered into contracts
with smut he them which it would be for the benefit of
the should be carried out by them.
Me said he would make the usual order. He
wean neS,, however, refer it to the Master, but would take
the osserd of it himself, and regard would be paid to the
sumesseeeed of the bank since the suspension in October,

COURT OF QUEEN'S BENCH.—YrirrEanAT.
*miss a Ituraa.—areas lAm) CAMPIII.L. Ma. hawse Cola-
ZIDINI, Ma. MIAS WRISTIIIAIN. LCD Ma. JUNTICII &ILL
LOBILIT 111., 071.—MDLLI. WllOl4llll.
This was an action tor damages brought by the manager
of Bra Keleaty's tbastre, in referees, M the mill known
desemstreses eseaselei with lUDs. Wawa's non-appear-
am so • prise deems et that eratablikkissat. An applica-
tion ass sok te theses wig be leati,,lisad several
MOM es legs t seseelber WSW re ; but then
w se mesh edge k geed. seed by who who bad
one Om le beer the jedpseet ie tMAddiMss leaving
:di tutees. that so eieif ate di beady nab the latter
appliesise. The topplicatiou was gun* tech-
sink a• ids et este WS( pas into.
Application granind.
RawLlinion tc. MAIIMII

To Tap Bozo,

This was tams suer st a prohibition to the Bishop of Chi- I
elieune, in TAMS, W a snit before his deputy concerning
a nurtnin pew. The 'inhibition was moved for on the
=that the Wimp bad taken an interest in the matter
, and had guaranteed the plaintiff his costs.
Led Campbell now delivered judgment. Although the
deputy, • chancellor of the bishop, woe the bishop's judge,
is the same way that their lordships were the Queen's
i the court, upon deliberation, were of opinion that
theilleC
t of the bishop's guaranteeing the plaintiff his costs
was sot a sufficient ground fur the application.
Bale refused.

BAIL COURT.—YarrEaDAT.
smart a Rancw—Baroaa Ma. Jcsfica Caoatrres.
ALIMITT Ir. MAlMmall, AND ANCrTRIII.—AIf AIISTIU

limmassrw.
The plaintiff in this Minh was a general dealer, and the
defeniests were ship-broken in the city. The plaintiff,
wishing to go est to Austria* entered into an arrangement
with Om skiendlants to take a passage in one of their vessels
ea •easmage plimenger, and paid his passage money. By
ISMS emblast, when the vessel sailed with the plaintiff on
=trie 7th September last, it did not appear on the
' books that the plaintiff bad paid his passage
allmr; and when the vessel reached Deal, a telegraphic
amp was seat by ono of the defendants' clerks, in eon-
Mifilalit of which the plaintiff was put on shore, sad he
than brought the present action. At the commencement of
tea iffitinedioirs, the defendants wrote to the plaintiff's
tiff
informed him that they were willing to give
tan tiff a cabin passage in a vessel then about to sail
Ise *a, to pay all his expenses, and to give him 61.
blahs. The plaintiff refused to accept these terms; but
jut belhee the trial was about to take place, a corn-
was I
sparilases carried on, which led to a cow-
premium, the defendants agreeing to give the plain-
tiff MA, and to pay the costs. When the bill
of lasts was taxed, the Muter refused to allow
an hem of 301. for the maintenance of the plaintiff, as a
whew on his own behalf, during a period of fourteen
weals. A rale had been obtained to review the taxation.
There were three gelatines in the case: first, whether the
plaintiff was entitled to his maintenance not being • sea-
faring man ? secondly, whether the damages did not include
the maintenance? and, thirdly, whether the plaintiff ought
not to have been examined on interrogatories ?
Kr. Prentice now showed cause against the rule, and
contended that the plaintiff's evidence not being required,
in consequence of the defendants having admitted Om
breach of contract in their letters, he would not have re-
mained in this country ; or, if his evidence was nunnery,
he should have been examined on interrogatories. It was
also urged that the matter was In the discretion of the
Master L and that the cuurt, therefore, would not interfere.
P
Mr. Pullin, in support of the rule, submitted that as the
Master fuel acted under • wrong impression, the court
would make the rule absolute.
Mr. Justice Crompton said he had better send the matter
back to the Blaster, to see whether, under the circum-
stances, the plaintiff was justified in remaining in this
country.
Rule absolute.
Thu QUINN V. TES Justices or MIDDI:1811.—.. Tea
GlLltai °LODI."

In this ON Mr. Pashlepappli;ciiiir a rule for a manda-
mus directed to the justices of Middlesex, commanding
then to lame a warrant of distress on the goods and pre-
edges of Mr. James Wyl.l, in Leioester-square.
Wylde was rat!-.1 ea the poor of St. Martin's-in the-Fields
in respect of the Great Globe in Leicester-square, and not
Writ; the mew a summons was famed against Sim.
Mr.yld contended that his premises were not in the'
boar diary of the palish, and that the magistrates could not
istertere. They were also of aphasia that they had no
leeillistkm sod diendesed the souses. It was now eon-
leaded dna Ilia megistratee akesid have dehmmined tu
g_ ease.
Ur. MOW ow. somposod Br:Wyld bout It
hapeolib be abs parish et Bt. MAW' to faded. the
Groat Glig:6(A. bask.)
Bob