The Express.
London, England, 1846-12-21 00:00:00

Before the Master of the Rolls.

The court was occupied the greater part of the day in
hearing shod cowl-3, and consent petitions, after which mo-
tions wero resumed, but nothing of interest was heard.

Before thc Vice-Chancellor of England.
RANIER V. THE BLACEIIURN AND ROVION RAILWAY COM-
PANY.—INJENCTION TO RESTRAIN Tun COMPANY FROM
TAKING POSSESSION OF LAND.—Mr. linh and Mr. Pole
moved to dissolve an injunction, granted in November last,
to restrain the defendants,the railway corepany,from entering
upon certain lands belonging to the plaintiff until they
had made compensation, under the terms of their act.
The land intended to be taken consisted of four acres, and
was intersected by a stream called Nillittlestone Head. upon
which the plaintiff intended to erect " print works," and
bad estimated the value in consideration of the loss he
should sustain at 4,00:)!. A valuation was sabscquentiy
made upon notices served under the act, and the sum
cmounted only to 6321. It was discovered afterwards that
the notices were informal, in consequence of which further
notices were given, and a fresh valuation made, but without
the necessary, order of a magistrate. The objection on the
part of the defendants to the inkinetion which had been
granted was that in its present form thc company were re-
strained from taking possession of the land upon payment of
the purchase money into court under the 85th section of the
aot.—Mr. Bethel] and Mx. Hetherington appeared for the

railway company.—The Vice-Chancellor said he thought the
valuation had nut been made in the manner prescribed by
the act, and it was, therefore, rightthat the injunction should
stand, but u it clearly was made to extend tooter, he thought
the terms should be to restrain the company from taking
possession until compensation should have been made, or
until the terms of the act should have been complied with.

Before The-Chancellor Knight Vt-uce.
IN nr. NonTit.—RABEAS COUPUC—CiVAUDIANSOIP OP
Anstey moved for a writ of habeas corpus to
bring up the bodies of the four infant children of the late
Captain North, whom the learned counsel stated had been
abducted by their aunt, Miss Arabella North, from the house
of their grandmother, Mrs, Wilson. at Hastings. The ap-
plication had been made on Thursday, but his Honour had
directed the motion to stand over until to-day in order that
some notice of the proceeding might be given to Mrs. Wilson
and Miss North, an order however being made for issuing the
writ, subject to what might be said to-day. It appeared that
Captain North, who lived with his family at Hastings, died
intsstate in 1342, and that since his death his widow had
become a Roman Catholic. Mrs. Wilson and her daughter,
Miss North, also lived at Hastings, and the eldest daughter
of Captain North, aged about ten years, was in their care.
The nthcr children lived with their parents, but were fre-
quentiy ut Mrs. Wilson's. The learned counsel contended,
that es thcir father had given no directions Ly will
for their education, there was no reason why they should
not be and r the protection of their mother, and be brought
up as Raman Catholics. Their mother was their proper and
natural guardian, none having been appointed by will. The
learned counsel cited various easel in support of his argu-

ment.
His Honour asked where the children now were I—Mr.
Lovatt (who appeared for Mrs. Wilson and Miss North):
The eldest is. with Dr. Rigby, in Spring-gardens. The three
others with alio North, at the house of her brother, Mr.
Frederick North, at ltougham, in Norfolk.
Honour thought that the children had better be
brought up as soon as possible, but it appeared that three
wt re at some distance. In the meantime, it might be a
question whether the eldest should remain at Dr. Rigby's.
Was Dr. Rigby a married 'ran ?—(Dr. Rigby was a
widower.)—His Rancor thought that it would be
desirable to place her with Lord and Lady Walde,trave,
aho appeared to be connexions of the family, Lady Walde-
grave being sister of Mrs. Wilson.--A me: sage having been
conveyed to Lord and Lady Waldegrave, at the Vice-Chan-
cellor a suggestion, and the answer being that they would
be glad to receive the child, his Honour made an order that
talc should be received by them till Monday morning, with
liberty to Mrs. North, her mother, to see her in the pre-
sence of Lord and Lady Waldegrave for one hour, provided
that no conversation on spiritual subjects was introduced;
, Mrs. North giving previous notice of her intention to visit
the child. His Honour then adjourned the hearing of the
motion until Monday next, at ten o'clock.
Mrs. North attended the court in company with a Catholic
priest.
BLAKER V. MARINER.--CODICIL MADE UNDER SINGULAR
CIRCUMSTANCri.—RIGIITS Or HEIR-AT-LAW.—PItACTICE.
—Saw:o or Ex rENSF: TO Srlrotts.—This was a bill for the
appointment of new trustee', the trustees under the will
having disclaimed, and having refused to act in the trust of
the property, which consisted of land. Mr. Bagshawe, for
the heir, observed that the will, and a codicil to the will,
appeared to have been executed on the same day, and by the
codicil the heir-at-law had been disinherited. Ile thought
it an extraordinary circumstance.
Honour : The heir can have an issue devisavit vel non,
if he pleases.—Mr. Bagshawe hesitated on the ground of
expense.—Mr. Eddis, for the plaintiffs, asked for an imme
diate decree.
Ills Honour said it must Le first ascertained whether all
proper parties were before the court. The persons benefi-
ciaLy interested, consisted of a class namely the children of
certain persons. Mr. Eddie said that the property was so
small that ho hoped the court would dispense with such an
in icy.
His Honour said that if the learned counsel would present
a petition supported by affidavits, praying the same relief as
was asked by the bill, he would make the decree without
directing a class inquiry before the master. In the mean-
time Mr. Bagshawe's client alight consider whether he
would take an Issue devisavit vel non.

Wort riee-Claineellor WigraTE.
ATTORNT.Y-GENERAL T. LUCAS.—MAILItIAOP, IN FRAUD
OF TILE MARRIAGE ACT (4 OEO. IV., C. 76).—SETTLEMENT
OF TILE L SDY'S FORTI,NE.—TLC defendant, Philip Bennett
Lucas, baring married Elizabeth Joanna Jago in fraud of
the Marriage Act (1 Geo. IV., c. 76), by swearing falsely
that he had obtained the consent of the lady's father to the
marriage, an information was filed by the Attorney-General
under the 23rd section of that act, to have it declared that
P. B. Lucas had forfeited all interest in the present and
future property of his wife, and to have the same properly
settled. At the hearing, such forfeiture was declared, and
it was referred to the Master to ascertain the property, and
to approve of a proper settlement. The Meter had approved
of a settlement whereby the property was settled exclusively
upon the wife and the children of the present marriage.
Certain clauses, however, having been inserted in the set-
tlement, by means of which the husband and wife were
enebl.:(l, in coital° to defeat the right of the issue to
a portion of the settled property, exceptions were taken to
the report. Upon the hearing of the exceptions on Wednes-
day last,
Mr. Hominy and Mr. Bilton, in support of the exceptions,
suggested that the settlement should provide for the issue of
any future marriage of the wife. -Mr. Tinuey and Mr.
Ileathfield appeared for the defendant.
His Honour, who had reserved his opinion upon the case,
now stated that the matter should be referred hack to the
Master to inquire into the particulars of the lady's property.
He observed alio that the act, as it required the settlement
to be made "for the benefit of the issue of the marriage, or
of any of them," didnot authorise him in terms to order a
settlement in feeour of the children of a future marriage.
He thought, however, in the present ease, that such children
might be provided for on the ground that ueh provision
would be a mode of settling the property for the benefit of
the wife. The Master should also be directed to have regard
in settling the property in question to the form usually
the court in settling the property of its wards.