The Express.
London, England, 1847-07-14 00:00:00

EQUITY COURTS.
More the Meettrof the RAIL

IN TIM NATTER OP Till NEWPORT, AERROATINST,
AND HIREPORD RAILWAY.—PATIKINT OUT OF DIPCWIT.
Anderson applied in this case on Saturday, and ob-
tained an order for payment out of eourt of the deposit paid
in under the standing orders in respect of the new branch
from Pontypool to the Taff Valley Railway, the set for the
branch hang passed. The order wee made for payment
out of the deposit, on producing this:lien's printer's copy
of the act, or the certificate of the Speaker and Clerk of par-
liament that the act had passed. 1 e learned conned men-
tioned the petition ague this morning, and stated that the
act of 1 Vot., c. 117, had been amended by 9 & 10 Viet.,
e. 20, as to the evident* required of the passing of a railway
act, upon application for an order for payment out of court
of the deposit. It was by the act of last session required
that the puling of sack bill should be evidenced by produc-
lion of the certificate of the chairman of the committees of
the House of Lords, and of the Speaker of the House of
Commons ; whereas, by the former act, this evidence was
confined to the withdrawal or rejection of a bill. The evi-
dence required by the last act had been obtained, and an
order was now applied for upon it, which the court granted.

Before the Vice-Chancellor of Ea
CAIITILS e. Fleeter—lmo secrtox.—ttairr roa ran-
FAILING WHLLI OlL.—This was a motion for an injunction
ex parte, under the following circumstances:—lt •
that the plaintiff, a Frenchman, named Auguste =Td
Cadet,
who had invented a new method of converting whale oil
into oil adapted to purposes of machinery, came over
to England for the purpose of ta
to out • patent
for the invention, but being obliged return to
France, he had left the management of the matter to his
cousin, Mr. Ozan, who had employed the defendant Ferant
to take the necessary steps for procuring the patent The
defendant took out the patent in hia own name, saying it
was a mere matter of form, and subsequently refused to
assign it over to the plaintiff. This bill was consequently filed,
praying that it might be declared that the defendant was a
trustee for the plaintiff, and that he might be ordered to
sign aver the patent to the plaintiff; and an injunction was
now asked to restrain the defendant from assigning the
patent to say other person than the plaintiff, or from in any
manner dealing with it to his own advantage.—The Vice-
Chancellor granted the injunction.

Ettore Viee.Cbanotilor tiniest Brum
CRIDLAWD V. LORD DR UAIILBY.—LIABILITY OF Rarer
WAY DIRROYORS.—This we. a demurrer to a bill filed by
thareheldims in Um Bridgewstar sal 21hisand harks
Railway COMOWN/ splint dlosslas et that =Sae:
the ram eS lie dgualoX hp the Irma is
the areorsoll Ur the deradwate, in Anger
dared the grid is , sad area it to be
ft_tsgMeaL A prapeetus was bawd, in wl=llll=
the advantages of the latended railway, it we.
that the inalownen had been communicated with,
watt won grollearoat fie the seecartal carrying eat of the
alders cithiS4lllll,lll% Mr wee the., any roar to expect
that any palimanny oppgaisa word be' awed to the
be. The aria was to be 600,0001. The pleitills,
stigieg spa this pregnable, applied geverrOg fit drew.
Wag agreed to be Jointly interlard la whatever
imbin gasigiseatzt: be severally Arid to thus
Os thole& of 1845, the defendant, imolai ea
slosethemst is gewspgre, stating that ise hither
Linen he arse geoid beresivod. Aiew days
segered trait ham of allotment. °neat tams
ell sir ithered shares, and they ell signed
sabscriplion sonloallo. The bill diva that the plastid,
lsdbwriaeeits}}eayythedepths IladOilin the drags the
116 did ad the daiadsnl grit theente the contort. sad
be Or side of the shares, or mating to 26,000, woad
has hen anorak esd, relying ea the statement
the eanseassergo if the redeemers. In June,TrZatts,
ilelbsthste seed egad a carder, stating that thezi2,2
ain=guiCinent having been rejected,
the of a powarful landowner, ai7lerc
B idiom et era Wreath the direst. ~bad dero-
gated to dimmer the ger gay art is mean is each share-
\ elder 101. IL pie ahem brag the beluga of du °Tigre"
deposit of V. 25., after dadateing the agther. The bill she
stated that the plaintiffs hadleentydiraueelthat the whole of
the 26,000 share bad not bra abed, that deposits bed
wrispad ea 16,666 of ace rani, and that the do-
lled sear asecuted the demobs:arra any rare in
thasty. The bill singed Matthe deindeats sever
boas to eery ithe seer the slated is
Ejo impress, sae mat as peeper aria M r ortala
41111110sotassi of the statements la it, but redid
at the 111111116 ii for the ale purpose of oars at a presdar
the throe shish they • t allot to drottelose end their
Bwenston and r. Terrill suppoted the dimmer,
sitiloonleaded that the claim (if any) was MO with ought
to bath been enforced in an action, and that, even If that
Sale any equity in the cue, the demurrer must be allowed,
ea the ground of a miajoinder of the plaintiffs, their de-
mands being several and distinct.
The Via-Chancellor said, that taking the statements In

tit; bill to be true, es mud be done oi the present argu.
aunt, be could not soy they would not constitute a
Cul!for equitable relief; and, with respect to the_cbjec-
the ground of misjoinder, there was • sufficient
saltation of a joint interest to sustain the bill. The de-
murrer must, therefore, be overruled, but without prejudice
to any question in the cause.

Bebre Vice-Cboaselke
SAT V. CRKlD.—ConeFavonow OF WlLL.—Catherine
Jey, the testatal: la the cause, by her will, dated in
1816, devised sad bequeathed the whole of her real and
personal estate to treeless, up= trust to pay the income

---7ZR.I

arising therefrom to her mother, Catherine Astley, &Wife,
and, after her decease, upon trust for the testatrix's
sister, Lucy Brown, tor life, to her separate use;
and, upon further trust, after the decease of
the mother and sister of the testatrix, to sell the real estate
and pay the proceeds end the interim rents, since the death
of the survives of the union for life, to such person and in
such manner as she (the testatrix) should by any codicil,
note, or memorandum, give and bequeath the man ; bat in
case the testatrix shield not
of, by any codicil, note, or memo-
randum, tee and bequeath the said monies, or should not
thereby =of the whole thereof, then the same, or the
portant were to be paid nnto and amongst the
pessa
testatrix's next. akin in doe course of administration, as
the law directs in respect of intestate's personal estates. The 1
testatrix afterwards, by a codicil to her will, declared that,
in ease she should net make any further codicil to her will
and dispose of the residue, directed by her will to be paid
to her next-of-kin, then all such residue should be paid to
her next-of.kin on the part of her mother only, and net to
any of her next-of-kin on the part of her late deceased
father. The mother of the testatrix died in March, 1818,
before the date of the codicil, and the testatrix herself
in November
_lB2B, leaving her sister, Lucy Brown, stir.
Mein& who died in 1843. The object of the suit was to bare
the vii einelesed, end the trusts thereof carried into execu-
tion seam the dbeeden of the court. The principal ques-
tions at the barb. al the cause in June last were, Brat,
whether the pemesed estate as well as the real estate of the
teetstrit pawed under the words of the will ; secondly,
whether the next of kin ex parte materna meant next of kin
et the death of the testatrix, or them at the death of the
hoot he life; and thirdly, whether, if the bequest of the
roam &meld be hold to be for the benefit of the next of kin
et
the death of the testatrix, Lucy Brown, the tenant fir life,
who men then sole next of kin both ex carte sterna and ex
puree mite, was to be excluded. His Honour now gave
judgment upon the case, holding that the testatrix had died
intestate as to her personal estate, and that the gift of the
realty contained in the codicil was in favour of the next of
kin anisette materna of the testatrix living at the death of
Lucy Brown, the tenant for life.

Before Sir L. Ellialwell.

CRAINBRZ v. Broozas.—ln this cue, which relates to
Pertain transactions referring to a bill of exchange for 2001.,
Mr. C. P. Cooper, LB counsel for the defendant, asked for a
decree dismissing the bill with costs, on the non-appearance
of counsel for the plaintiff.—The Vice-Chancellor made the
order ; immediately after which Mr. Bethel and Mr. Ni-
cholls as counsel for the plaintiff, entered the court, and
Mr. Bothell asked that the cause might go oa, on the
ground that it was understood that it should be argued to-
day, and so arranged between himself and Mr. Cooper.—
Mr. Cooper then said, that his brief had been indorsed
and taken away, and, in its absence, it was impossible for
him to argue the case, the order in which had been made,
counsel not being present for the plaintiff ; and he must
therefore stand upon the order as made.—Mr. Bethel then ,
observed, that it was a most disreputable and disgraceful pro-
seeding thus to snap an order behind the backs of those who
were perfectly ready to argue the case ; and the common
courtesy of the court entitled him to expect that the order
should be waved, and that the case should go co.—Mr.
Cooper then said, that such language should not be used to
him—(and a most disagreeable discussion ensued between
tho two learned gentlemen.)—Mr. Nicholls (as junior
counsel for the plaintiff) then said, that if his
honour would permit him he would state what he
knew of the matter. The fact was, that he (Mr.
Nicholls) had spoken to Mr. Cooper on the subject this
morning, and stated that although he should prekr that Mr.
Bethel should open the case, he was prepared to argue it
when it should be called on; three or four cases standing
before it, he had left the court for a few moments, and was
standing outside, and on coming in found that Mr. Cooper
bad obtained the order—Mr. Bethel: Now, is that a fit
thing ?—The Vice-Chancellor I certainly understood, from
what Mr. Cooper said, the understanding was that if counsel
for the plaintiff were not here, the thing was to take ib
course. Mr. Cooper said that was his understanding.—
Mr. Bethel : Mr. Cooper was aware that Mr.
Nicholls would go in my absence ; and therefore I
ask your honour to have the cause restored. The
Vice Chancellor : I don't think I can de that, un-
less Mr. Cooper's client consents—Mr. Bothell : I think
this is one of the most disgraceful sets that I overheard of.—
Mr. Cooper : You use that language so often that nobody
pays the slightest regard to it.—Mr. Bothell : I do not care
whether you pay regard to it or not ; those who are aware of
the circumstances will be of opinion that the language is quite
justifiable. If that conduct were permitted, it would renderit a
matter for serious consideration whether counsel would prac-
tise in a court which permitted such advantage to be taken
of an accident.—Altar some further wrangling in the
same strain, Mr. Bethel said that the learned counsel
(Mr. Cooper) had made a false representation to the court.
—Mr. Cooper : That is the language of a gentleman who
may be considered, not in point of age, but in point of busi-
ness, at the heed of your honour's court. Mr. Bethel calls
my statement false.—Mr. Bethel You know that I was
instructed to appear and intended to appear.—Mr. Cooper :I
have too much respect for my friend's ;milieus to say that I
treat him with contempt.—Mr. Bethel : That respect can-
not be recipreeatetL—Mr. Cooper: Your honour will take
judicial notice of my friend's observations.—The Vice-
Chanoellor : I shall take judicial notice that the
weather is yen, hot. (A laugh.)—Mr. Cooper; It
would be absurd in our profession to say that I would
call my learned friend to an honourable account.
I have too much pity for my learned friend and his
family to do io.—Mr. Bethel: Take what course you please.
I repeat the expression.—Mr. Cooper : We were at college
together, and I never expected to hear such language applied
to me by my learned friead.—Mr. Bothell : It is a circum-
stance I have no pleasure in recollecting at all.—Mr.
Cooper: I rely on my position at the bar, and my petition in
society, for the consequences.—lt afterwards appeared that
application was subsequently made by Mr. Cooper to his
client on the subject, but an answer peremptorily refusing to
give up the order was returned.

COURT OF BANKRUPTCY.
Won Kr. Coaudisioner Pane.
IN HO JOHN N. BLASHFIELD.—This bankrupt, described
as of Albion-wharf, Blackfriars, came up to pass his ad-
journed last examination. The debts cowered amounted
to about 30,0001., and oasts 2,0001. To creditors secured by
property of the value of 42,0001., 30,0001. The bankrupt
failed about nine months before the flat Waled, and then
made a composition of 10s. in the pound, which cost him
6,0001. in so doing, and which was accepted by the creditors.
However, only fie. Bd. was paid, and therefore the creditors
have to prove for 13e. 4d. in the pound.—No opposition was
offered, and the bankrupt pained.