The Express.
London, England, 1849-12-21 00:00:00

-4
Elia Hemmer held that the effect atlas deed of 1810 was to
Way. r -h. reel ea stn islet imenealty, eed that the plaint*
at.uvri he tale h. the relief mak. d by the bill, smell eat
dawn tore d with eats. He übaeteed that the deed
Wm mutant auto s gat i favour oith persus-1 nhr.strette
hive*, at the eseesnee of the *motto, et of the heir. The
eseyr,ei s a k eft et front the wawa( ht of the t striation ul
the need, and was a. t pos•p d till the death of tbe motor.
as is di. are of • well. winch wee teepee/rut till the death
a the testator.
ATIOShilli3O•11111•1.9. Rivas—Coe* or Chats heroes
TIN ItaITILIL OPUS • &none FOS
510$ OF • eII•NITT.—CTPILIOL
The Open of the east w Diosdmisister err** charity
hinds undue lint bequests. had now failed *or went
el obteeta A rervesen lot • scheme eyries had been
eter.l, sad the present p titian wee AI d by the ladders,
eider., and deawnes et the Famish protests's% &arta
feresda.l vy a matter of &tweed the Sixth, and by the go-
*nun, ot tre Fre ell Hospital in toast zi .a with *t ober*,
which era. °ended by • !Mirth? of Chores the First. prey*,
the tie, aught be at fiber- y to go in aid attend beton tie
Mara, wt h • new W eatablialt their claim a proper °blies
el tae 'eh- ea en queskon.
11.1 r. Olwee a. pared in ea port of Art petitloa.
e 9 bettor thrums! sad Mr. Wray, for the Grows, es -d
*et th, pit* when. U the y attended before the raster, oeg at
*do co at their owl aspires The petitioners were sot
whir to tie ietdatatios, and if all parties whossightthisk
them-elm • • atill.d • claim were aliened to Jo so at the
capeti. of the comiry. the toad would b thheasted.
prayer
The View.t.lhaueelltv wade an order reeordiagly to the
of the p mitre, with the quaWlestioa that the pea-
*wet., and ow the el arity, were to pay the ezpenee of their
attendaose hair. the neeeter. The charity land ought
\either I. be burdened with the esp. nee is the event of the
pills MUDS to establish their claim, nor to is dirsi-
missed le amount is the "vest of their sweets.

COUNT OF COMMON PLBAS.—YMITEIDAT.
amnia 1? earn Rennaita.— SEPORI losafmisr Mints
wane an • drutsA:. Jere.
ZDWAllail ass £NUTraav TUB OSSAT Wrnss RAIL-
VAT COMPANY —OToisCMA/LOlllO RAILWAT
This *so so .snow bo.eaat by Ow official aseipies sad the
teak salaam of Mr. Palter, the railway lonise, opine
the Oran Meath's 11.41 way Company mover the einn of
6,1t20t 7. 7.1.. with 'sweet from the time the ems wee
&modal id the estimative. The 'royal of ski wits we
that the fleat Wirers Railway Compthy lad elasped Mr.
Parlor to the ow vet asee of Roods is • main/ Olotrasy tO
the wilis laid down by them ia their rimed ball. sad the,
had appli4 the dill rest scale of sharps la as improper
ammo r It wee Wm allrgal es bsa.o of the Oils-
tiff th 4 *either the pablis sot ether. minima had
bees therged is the mato maser as Mr. Perher, who was
mow • Mt leapt ; and it was Mated that, h over.
Ammon a ifir Rat, a warner, they had retuned im
10
twat en asthma ther;ped, sal weft sow therefore
loath by act of outlaw/4 fn 'rt.= rho olioreatrg.
MOW to Mr. Name to la atavism. The pthinde further
ansphised that pelt wear 200 sat., welsh wash: to have
bass 'Urged ter to a limp. bad bees ebergol ler separetelr
Ram the Noss hadcevaled to length, it was speed
to '.tar it is watt.i
Mr. LA.. Up I.e, Mr. Wilke, sad Mr. Browse, were
mama 14 tn. plastid; esti M'.Clumnal, sad Mr.
llomlise, appeared for the rays? eempasy. _
Ti. men lima tried New el " Katmai v. Mg,"
which was merely a matter al swam between Me panne
mammisi a emeeramoat el mike hem Ceylon, bat wee el
se Imam to Me germael raker.

COURT OF EXCHRQUER.-YIIMIUMT.
Ms Fails.—llmeas Wu luso moms., .iro • Lemma &mum
Jvat.

Lam Oho& v. Itir.ntLose sit
on 0000a1 cos
os
Mr. D. D. Keane and Mr Ditties:on conducted the plain
tiff's cur. lac Mania, QC, sad Mr. J. Browse. were
COn neat lee the d.t.rdar.t.
'lbw war an ewes brought in forma outwit maid., the
statute, einsmosly call d " Lord Consittell's Act " (9 & 10
Vie., e. 83). to recover costrusetlues for the death of
the plastid's dosed. r, Lane Landon, which was
alleged o have then caused by the negligence of
the defesdan.'s sensate The plaintiff was a pour widow.
and the dexandart eairied on humus. Lear Blackfriars as •
dealer is old Madding materials and • conirastor for re-
amours rubbish, to. The declaration alleged tow, on the
11501 of May, 1848, a truck laden with stone and drawn by
sight honesothea under the guy. reissue sad direct)** en
the defeadast'a servslits, was so carekasy, segligestly,
and improperly guided and directed by them that,
with crest lona nag violence, it ran and struck against the
plainoiff's doeskin, Acute Logsdon, then lawhilly being on
her Majesty's !highway, end with great force, its., threw her
up's. the ground, whereby she was so grievously hurt that
Ma died on the 9th of Jane,lB4B. It was also alleged, is
conformity with the statute, that the amine was brought by
the plaintiff as admmistratria foe the benefit of herself, as
mother of the deceased sad on behalf of the deceased's
gitlmau infaht child, who warn now wholly dependent upon
the plaintiff for its support, ae the putative Sather had de-
serted it, and no order of affiliation had been obtained during
the lifetime of the decosen. It appeared that the young
monies whose eat i bat onemilned toe present action lived
with her mother, sod by selling vegetables, fruit, &c ,
assi.ted her in 'be maintainance ot her (mill, which
(undated of tin ehildr.n. As a th aler an those
smelts and fish in the proper season, Anne Langsd .n
was capable of winit.g on en average 15e. a week, which she
always gave to her bomber to contribute towards the support
et We astir* faintly, who had been also rec. tying relief teem
the thrish. Ou the day already stated she was standing at
her stall Jo Grovel-Lute, saki ref I:ohm-creel, Southwark,
when we defendant's truck. draws by eight powerful horses,
and heavily laden with stone, suadettly turned from Union-
street tato Orevel-lase, and knocked over the dictated,
was described as a sow-looking person, about 19 yeats of
age. The Of hind wheel of the truck paned over her het
and lege, and inflicted ouch injuries that mortification set is,
and in Attain da) e el,erwaru, she dhd. 0 the part ot the
plaintiff several ',Animas were esessieed to prove that the
horses attschel to the truck were grossly mismaaaged,. and
that had pr-per care been taken the u..feetougte accident
would not have occurred. For the defendant it was
mi'ted that iv. ry care and precaution had been taken. The
truck came up Union-street us the off side quietly, avoiding
the posts and kerb stones as much as it was possible.
Thera were four men in atendance upon the truck ;
they called out to the people at the corner where
the deceased was standing, amongst many others, to
leave the way. The lames were then tumtd round into the
lane gently, sad with every Gentian. The learned counsel
for the d. fendaat said the Matteis under which the present
action was brought was one of the most dangerous acts of
parlisment that had ever been introduced. There was much
dtscrepancy is the testimony of the wiinemes c hied by the
plaintiff; but sot one of them bad ventured to impute the
least blue to any of 4.e truckmen. The verdict returned
by the corcaer'e jury was "accidental death." And it was
quite clear that any one weld swift coming in contact with
a vehicle of thee kind if It• had hie eyes open, or was com-
monly prudent. If the accident had occurred through the
negligence of the deceased, the action could net be main-
tained, or, if the jury believed it was such an accident that
no ordinary homes foresight could prevent it, then the law
cast ro liability noon any party. The defendant wns quite
prepared, as • matter ut benevolence, to consider the plain-
tiff'. loss, but when it was urged upon him as • matter of
right, he pirempwrily relused to do anything whatever
fir her.
TM four trucksien and • policemaa, who witnessed the I
oteklest, were them called to sustain the learned couns.l's
statement.
The learned Judge, in summing up the evidence, said
are woe considerable doubt whether the declaration dim-
*sod • good canoe of action as regarded the damages claimed
la bedsit of the deceased's illegitimate infest child ; how.
sees that question would be reserved foe the court hereafter.
It was vete clear that the word " child" within the mean
beg of too set must be • legitimate child. If the jury found
foe the plastid they should awes, the damages to which they
coc adored the child entitled, and leave would be reserved tc
move upon the point of law.
Toe jury returned • verdict for the defendant.

COURT OF BANKRUPTCY.-YRSTERDAY.
loom Ma. Oloomatrwas Esau
Cll4llOll ur HAILING AWAT WItH PROP/HIT.
Mr. Iltaukews applied to the court for an authority to
rle a bankrupt named George Borer, a grocer, of
haPsple.strut, Westisiaster. who, it was stated, had eoa-
oealedl and sada away with stock ia trade to the amount of
1.0001, and houseliokl fun ir.ers to the Valle of 1,3001. By
the ddigesee of Mr. Asada, the iseseengerr, about 6001.
worth of the property hsd ipso recovered. The application
woe made under the 263rd section of the new act
His Honour did not conceive that say direct authority
Los the curt was nedese.ry. The man had been Guilty of
felony say oue might prosecute a tei.n who chose to do so;
sad it was the duty of the *signets to do so. However,
for the protection of the assignees in the matter of oats, t •
would. nu tie proper affidavits being laid before his, give
the swat authority.