The Express.
London, England, 1851-07-29 00:00:00

Satu *ntelligealct.
EQUITY COI:ItIS.—iEeTt:RDIT.
Reran Tie II Ckt I ..L.
IN rue MATTRIL or Mae. Etwr.s, a I.I:NATIC.
ArruINTMENT air CoMIIITTEES.
The arguments on the petition. in this matter were re-
eemed from Saturday. It may be remembered from the
dart report of the proceeding. on Friday, that the lady
hes hat since Ift4e, slight delusions, convicting in a belief
Set two individuals were always watching her, making
ealletlllit noises by rapping or tapping on doom &c., and
that be her protection against these disturbers of her peace,
dm was desirous, in the event of her surviving her husband
(who is older than herself, be being 80, and she 60), to navel
a premise of marriage from some person, so that she should
sot be without a protector. Mr. Elwes, who has behaved
with the greatest kindness and affection to her, and afforded
bee every comfort, in a separate establishment, for the but five
=wishing lately to put her node r the direction of the Lord
Bee, had a commission of lunacy issued last spring,
ander which she was found to be of unsound mind. He
sow presented the usual petition for a reference to the
Master foe the appointment of committees of the lady's
estate and person. Her brother, Mr. Sykes, presented
the petition, praying to be allowed to attend before
the Master and to propose himself, or some other relative
a ma. rnw., to be a joint committee of the person with
the husband, on the ground of his great age and consequent
Mr. J. Parker and Mr. Fleming were heard, on Friday,
in support of the latter petition.
Mr. liethell and Mr. G. L. Rwnell were heard on Satur-
day; and the latter gentleman now again, on behalf of
Mr. Elwell. lie was the natural end proper guardian of
his wife, and him alone could the Lord Chancellor neap
aim as. ntitled to be the committee of the person ; but he
had no objection to have Mr. Bernard appointed with him.
Mr. Bernard is the husband of a daughter of Mr. Elwin by
kis first wife, and he managed his correspondence and
general affairs. There were four sons of Mr. Elwes by his
t wife (the lunatic), but all of them except one, who
reatell; 21 years of age, were living abroad. It did not ap-
pear from any of Mrs. Elwes' letters or conversations, as
sworn to in the affidavits, that she had any dislike to Mr.
Bernard, although such dislike was alleged oa the other
aide.
Mr. J. Parker. in his reply, believed Dln. Elwee did
object to Mr. Bernard. That could be best ascertained by
the Lord Chancellor from the lady herself, who would come
up from Ticehunt any day his lordship would name for an
interview.
The Lord Chancellor observed that his principal duty
was to secure the happiness and comfort of the lunatic ;
indeed that appeared now to be the desire of all the par-
ties. No imputation was east on her husband; it was
clear, and was admitted on the part of Mr. Sykes, that Mr.
V.lwes behaved most generously and affectionately towards
the lady. If she had any objection to Mr. Bernard, that
gentleman would in all probability decline to be proposed
to be her committee. As the matter appeared now before
his lordship he thought it likely that an arrangement
might he come to out of court, and, with that hope, he
would wive the parties till Wednesday nest, when, if no
&tramp meat was come to, he would devise of the matter.
STAIWI,OI e. CHADWICI.—DI4I IoVIRY.—EICEPTIIINS.
This appeal against an order of the late Master of the
• so far as it allowed certain eseeptious to the defer'.
daat's answer to the plaintiff's bill, was partly argued on
a former occasion, and the nature of the CM was then
Hated in cue report. Both parties it may be remembered
claimed pr•pvrty which belonged to Sir Andrew Chadwick,
who died without muse and intestate in 170. The plaintiff
claiming it as purchaser from the repreeentatives of Mrs.
Sarah Law, alleged to he theheir-at-law of Sir Andrew ;
the dee ndant insisting that be, and not Mn. Law, was
inch heir. The defendant got into actual posseesion of
pert of the property by purchasing the interest of some
inisehoweekwhed=will rent to the plaintiff as their
imellerg, eitaisal a conveyance of the
bpi Matt M the leselesid bin the trustees by obtaining
ea orthr fur that purpose under OM of Sir Edward Sag
doles Acts. The plaintiff, meaty then eireunistancee, not
risking to bring an ejectment whist the defendant to esta-
blish his title, filed this hill, and prayed that the defendant
say be declared to be a trustee of the property for him,
sled nay he ordered to convey it accordingly, or that an
items may be directed to try the title. The defendant, in
his meson to the bill, refused bi state the evidence which
be reentered before the Muter for obtaining the vesting
order. Eseeptions were taken to that pert of the answer,
sad were allowed by the Mader of the Rolls.
Mr. N. Palmer and Mr. Bird were heard ire Thursday
be the defendant in support of his appeal. Mr. J. Pierker
mad Mr. illame were now heard for the plaintiff in support
of the ordre of the Master of the Hone.
Mr. hint was replying, when the court rose, and the fur-
ther hearing was adjourned.

Burros rum Mums or rim low,.
Kr NT r JAraPION ta SUAKRROLDRILII

Tie bill in this ease was flled by Jahn King Kent, a
thamtholder Ia a railway company called the Charleroi
and Emmeline:a Railway Company, on behulf of himself
wad all the other shateladders. praying adi duration that
the thkolarits, Wm. Jeckeou and Sir Joshua Walateley,
Mad the rotate of the bankrupt defendant, C. W. Graham,
IMO liable to refund to the company two sums of
SAW. and I,OOW. in this bill mentioned, with
iatmrest ; and that the defendant., Jackson and
Wahrialey, and the araignera of Graham, might m-
ama% and refund the money arronlingly. It appeared
that the company was formed in ISt% to mar a railway
ham Ilarchicnnefrau-l'ont, near Charleroi, in Belgium, to
the trader of France, new Erquelinefe, in Hainaut, and
was duly istableihral by the Belgian goveninient. The de-
limitate above.namral were the ;radii* appointed English
directory, but the bill an dismaed as against Sir Jahns
Walalcv, who, it appeared, had not acted a, flirector. In
Narrate r, 11444, Jecknon and Graham, the acting directors
in England, paid back 1.. the English ,liareholden, with
the modem of the general body of directors and share-
holder,. the sums antifraud in the prayer of the bill, in
respect of deposits paid by them. the object being to relieve
the English shareholders from their connection with the
company. The present suit charged this to hare been •
breach of teat.

Mr. H. Palmer and Mr. She, for the plaintiff ; and Mr.
Llgyt, Mr. Boreal, and Mr. Amplilett, fur the defendants.
case was not caneluded.

Burnam Via&Cmimeo-Loa KNIONT Psi a
ColtroltAlioN of RofllFSTrti o. Lee.7-TOLLS.
. _ .

.....
Mr. Hassell and Mr. W. I). LoVIVii spi war e• 1 for the plain-
tiffs in this case, which came on to be disposed of after the
trial of an action at law.
The suit was instituted in 1845, to establish the right of
the corporation of Rochester, as owners of the port of that
city, to be entitld to dues on coals brought by water to,
sad unloiuleil within the port, for weighing or being ready
to weigh the same. A■ issue had been directed on the
application of the parties at the original hearing, to try
whether the corporation were entitled to a toll of 3d. and
half a farthing for every ton of coals brought by water to,
and unloaded within the port. On the 11th of February,
1848, a verdict was given on this issue, the fury finding that
the corpoiation were not owners of the port, nor entitled in
the terms of the issue. But they found that the corpora-
tion were 'stifled to the toll for all coals brought and un-
leaded within the city, or the liberties thereof, for sale only,
du weighing or being ready and willing to weigh
the ►one. On the Nth of May. the Vlce-Chancellor
refused to grant a new trial and the bill was
dismissed. On appeal to Lord CotWnham, his
lordship reversed the order dismissing the bill, and directed
the bill to be retained for a year, with liberty for the
plaintiffs to bring *.such action as they might be advised.
His lordship is reported (sec 1 Maenaghtenaud Gordon, 471)
to have then observed, that the Vice-Chancellor was him-
self at flirt disposed to take the same course, and that If it
had been taken the diMenlty which then existed would not
have arisen, sad all the expense incurred since the decree
would have been saved. An action was afterwards brought,
awd after two trials had been decided in the *intl.&
favour, the cause now came on to be disposed of.
The -ire-Chancellor remarked, with reference to the ob-
servation attributed to Lord Cottenham, that it was diffi-
cult to understand how such an observation could have been
made, as the issue had liven directed (instead of an order
being made, such as had been ultimately pronounced) at
the request of the parties thetussives, and that the order
could not in this respect therefore be regarded as the act of
the court.
. . .

The counsel on both sides acceded to this remit*.

Mr. Wigram and Mr. Shapter for the defendants offered
to submit to a decree affirming the plaintiffs' right, and fur
an account without roots on either side.

lie. Hassell and ➢ie. W. D. Lewis contended that the
plaintiffs were entitled to their costs.
The Vice-Chancellor said that so the defendants sub-
mitted to a decree establishing the plaintiffs' right, and (or
as account, the decree would be made accordingly. But
that the right had been hitherto too doubtful to render it
it to iuiict costs on either side. Up to the present time
each party must pay their owe costs.
INSOLVENT DEBTORS' COURT.—TraTEIDAT.

Bums ■a Cons'worm rntweo.
IN INLIONARO JOST._

This insolvent, an old man of lit,, had built some houses
at llong Kong, where he sustained losses. lle washy
trade a watchmaker, but he preferred building houses at
Nogg-Kong.
Mir. Commissioner Phillips expressed his surprise at the
lassivlmCs fancy, and asked him if he intends,' to go to
China again ?
The insolvent answered in the affirmative.
ffir. Commissioner Phillips—Pray ow old are you ?
Insolvent —ln my 66th year.
Mr. Commissioner Phillips.—Then I can only say you
air an adventurous old gentleman.
He was discharged.