The Express.
London, England, 1865-03-16 00:00:00

11160‘.
II 18661

LAW lIMILLIGKNCE.
(T/lIS DAY.)

EQUITY COURT.
(Baton Os Nader el Ow law

TIM DUKI OV WILLIMOTON IP. LOUD MOT ZIT MONTAGU.
Mr. kfobbouse, Q.O. (with whom was. Mr. 0. Ilikagan),
asked that this metier might dead over in order to enable
the plaintiff to answer affidavits filed by the Maeda&
The Whirl= order meantime to be continued. Mr. Selwyn.
Q.O. (Mr. Witham with him), said the defendant bad
great roam tot oomplaia of the mama in which tide
matter bad been placed before the court, and
although the precentica wee taken to put the plaintiff on
terms as to damages, yet that did not release him from
the obligation of coming on an ex parse application with
fa and lair statement of all the facts and circumstances of
the case. This he had not dons, and the conduct of the defen-
dant had cenesquently been ex posed thwack misconstruction.
It wee merely a sentimental ides that was the foundatioa of
the plaintiff's claim. The injury that had been dome to the
defendant was far more entstantisl than any injury the
plaintiff could suffer, bemuse the letters as they apperod
in the bill were intended to create the impression that in bet
the defendant had originated the idea of publishing, and
that be was doing something ungentlemanly and incon-
sistent with hie position, whereas I say, mid the learned
counsel, when all the fads are Immo, it will
be found that he had 'sated with the peat-
est liberality, and never had the slightest inten-
tion of doing that which was the foundation on which
the injunction proceeded. There never was the slightest
intention to publish the letters, sod no mare Proem custody
can be conceived than the custody in which it was intended
to place them—viz, that of the trustees of the British
Itheenin.
Ths Master of the Bolls said that on Thursday lest upon
so ex ports application, supported by affidavits, making a
petrol facie cam, hems& an order restraining the defendant
from printing or publishing, kn. His Honour said that
the order he bad jest reed restrained the defen-
dant from printing, he., mill to-morrow, to ewer
the present seal the plaintiff having leave to
give such notice of motion as he might be advised. sad un-
dertaking to be answerable for any damages which his
Honour might think the defendant had sustained by reason
of the interim order. The defeadent thereupon filed his
affidavit in answer yesterday, and it hes therefore been im-
possible for the plaintiff to file his affidavits in reply. It
was impassible, therefore, now to decide this owe on the
merits, Meanie in order to do so it was regulate' that both
parties should have ample opportunity. Mr. Hothouse
asking for time and declining to proceed to-day,
or rather the court asking the defendant to give an under-
taking in the form of the order made last weak, and the
defendant declining to do so, nothing can compel him to
give such undertekiog. Therefore, as is the practice of the
court, the defendant has been heard in order to deteemins
whether or not such interim order shall bs continua'.
His Honour then proceeded—lf I relieved the defendant
ram the interim order, and he gave no uslertakiema he
might immediately do to-murrow that which I re-
strained him from doing upon an ex parte Wandler&
The merits of the case I have not yet bawd,
and have not now the means of deciding ups.
Therefore, in order tbst the subject matter of the de
emsmay not be taken away from the minimum of the mild
before it is ripe to be decided, it is in my opinion fit that
this court should express no opinion whatever upon the
merits until it has all the =Markle Ulan it,
but that it should motions the interim order
until it shall have had that opportunity, and
accordingly I continue the interim order till the day after
the next seal. It I. quite undentood, Mr. Hothouse, that
if I continue the interim order you will continue your tin-
dertthing as to damages.
Mr. Selwyn—There can be no damage now beyond the
damage that has already been dons to the defendant.
CSZNSWILL V. JACTSON.
Mr. Barrage moved in this, the notorious Derbyshire will
case, for leave to 'tarot the order made, on farther considern-
Cons, by his Honour, on the Ist of June last, the time for
enrolment having passed.
His Honour gave leave.
This would appear to conclude litigation in this ow,
unless it should be recommenced by some person whose
claims are 110 i concluded by what has taken place.