The Express.
London, England, 1847-07-06 00:00:00

ILab) Enternstrat.

ROUSE OF LORDS.
In Committee of Prisitegea—Present : Lord ghafteslitu7 (chsirman),
the Lord Chancellor, Lord Lyndhurst, Lard Brougham, and other
Peers.
Tan CRAWIIIRD AND LINDSEY PanaAoue.—Mr. Stuart
Wortley was heard to sum up the evidence which has been
received during the present and two preceding sessions in
support of the Earl of Balcarres' claim to the earldom of
Crawford and barony of Lindsey, in the peerage of Scotland.
The history of the creation end dissolution of these dignities
has been already given in the reports in this journal.—The
Lord Advocate, on behalf of the crown, observed upon the
material points in the evidence, calling their lordship.: atten-
tion to several facts which appeared to him to be insuffi-
cient.—At four o'clock the Lord Chancellor and Lord Lynd-
hurst put it to Mr. Wortley whether he would rely on the
evidence as it stood, is which event their lordships would
dispose of the case in this session, while the points of the
case and the evidence applicable to theca were fresh in their
memorial. But if the learned counsel bad further evidence
to support his case, then it should be postponed to next ses-
sion.—Mr. Wortley took time to confer with the other
counsel (Mr. Riddell and Sir John Bayley) on the same
side, and said he would convey his answer to their lordships
very soon.

EQUITY COURT.
' Bates vice.tbaacellerßaltiat Brum
Moxon v. MARTIN.—INJUNCTION.— A VOLONTISS IN-
STALLATION ODE.—MT. hioxon applied on behalf of the
plaintiff, the publisher of Dover-street, for an injunction to
restrain the defendant from printing, publishing, or selling
a work entitled "An Ode on the Installation of his Royal
Highness Prince Albert as Chancellor of the University of
Cambridge, July the 6th, 1847," with the surname or name
of the plaintiff put or affixed thereto. By en aflistsvit fled
la et the motion, it appeared that the fleet intimation
the pldatlL erased of the pabileation was on Saturday
lest, whim he relished 60 espies of tha " Ode. " and the fol
lowing knee hen Mr. Martin, the writer el the
" Ode :"
lestptalariassie, veer Twidsmimm. hly L
litr,--I tor It* I Wye a wry west *taw to matte
plesing your mos Is the indeed eMatist haelog Om-
NASA yon mil* ist. I kers It vee to
sand* omit liamses Is brie ems yen a orelMreseklem
Mem welt time Seen ems le elide leer male
gaily* esslima at Os pitman% vita ennui bit a
smat, Mop! the ulnae IN dm liat stemmt. I INA *mete% Ilist
es wle est le easel el*
the the
yea him hee emeMemmiss
thls skesseresinn, sell sin the the Me beta view. Uwe Is
I not a vent et is per* Is feign Is al** eanditiMay
and esmetessistsVallis ; largtes My therdirs, kr the
.lr
regard* mime et gams sivertbed Os
r.,„....?...=.. at Wle:=4/e lemenlN
WOO Nib arn.yrersemmeholsa et Om. Se to mid la zikm.
7 etas .—lsin, sir. rem Inssiffffiffath Ws.
map tb y.—l.lr. ye."
_______
The Vies.Chancadlor panted the injusaien. -
'COURT OT QUEEN'S BENCH.
simazum O. TATILASL—IIARINN INSIINANCIA —Mr.
Seipeant IShes and Mr. Bevil! appeared for the plaintiffs,
who might to recover the sum of 1001. ben the defendant,
as undenniter to that amount of a schooner called the
Greybesid, which was lo
in the year 1844, in a voyage
from St Jahn% Newfoundland, to Sydney, Cape Breton.
The &holiest pleaded :-1. That he did not execute the
ehi. 2. That he was induced to execute it by
11. That ha was induced to enemas it by the
Atlas representation of Chalice Archibald, one of the
IVltthat the vessel Was safe at St. John's. 4.
e vessel at the time of making the policy
had either been lost or blown out of its course,
whisk had set hew communicated to the defendant.
6. That anther owed, the Brigand, had soiled from St.
John's as the maw day with the Greyhound, and had
&Mead at firksey without bringing any of tidings of her,
which had not been communicated tothe defendant. 6. That
the mewl had sailed from St. John's at the time of making
the policy, arid that tits weather had been stormy, which had
not been commtudeated to the defendant. 7. That the vessel
was to have =died in the early part of January, 1844,
and that the weather at that semen in those mu
ma heisterous and unfavourable, which had not been
.ammeteketrod. 8. As in the 6th plea, ascribing the
bewholge to another partner. 9. That the easel bad
see hew lost. 10. That the plaintiffs were not interested.
Peed of the policy having beta executed sad of the
phistilif interest having been given, Sir F. Thesiger, Q.C.,
tllli whine was Mr. Fitaherbert, for the defendant, opened
ems: The plaintiffs are three brother", of
whomit:l:2r. Themes Archibald and Mr. Blowers Arai.
bald, carry on heehaw at Sydney. CAsseiretor ; and a third,
' Mr. Charlie AlilhaldM. wake a Landes. Oa the SOW 4
Dessmhsr, 1841, the distryhosol west hem Sydney to St
leisn'e, to bries tee the Gres of a brig, the Alert, whisk
bad lees amt he ale at St. John's ; and on the Ind et
Ey, 1664, die Greyhound wee to leave St. &We he
with both crews. Oa the 12th el henry Mn.
Arehilleld caruseseed a letter from Sydney to hie
Llama in London. On that day he said Wash Gat the
wheys* Greyhound was dews to 81. John% to being the
weer el the sew hog back; that she had a* yet made her
epperrenes ; that he feared lie wield haws eel time in
=up; that 160 was 11041111111: est ha km he/ set
beet Ws Lather Biewera. R• AM web Whams le.
otile peesseetem,"essi the peedhility eel* esslissdng. On
Jarmo 1$ be snewesd his pas, owl wale that the wereker
was aid end bMsesesa. that he hit *ohm *lest the Geer.
kohl. tad that as es thatwe arose to Noe leak with
the weld be well wesnei. Welsh the eleedd welt he.
.01& the IWO Irma he wrelefiseiss slew het he had
Wseed mem* bees ill. ;doh sAO thee.arh=
attivie_kfroi .hir sbisii Me Where 'Os
et OW., ad arreisesike at 1001. ler 12 nerghs,
the Ist of Inlay, and that his brother, Chaim
ri
might nay the was safe at St. John's on the let
al ,• lie aded, thst We uhst Imil basin easy Ude-
ussulds. that a ewe*/ bed hen him ism ow of the
saf of Newasedirl, thee Is theaseirdwa the
night have he* et en, and thetabe bed pee-
lest blown off, widadiag with an
,y
ire The letters of
. the ISt amairthist
eawthe lati 'a
an,
Is the el raa ge
easel named the lit istsndririssa had IA St. reisillities
the 241=i he seen day es the cirejhrsa seated
in By
Ow M
ot bre; she ink larwerie, been
herself ,the Et dAra=y the ea* roast
of diewhendissi. On the nail eon-
=We haws 0 Kam Arddheld was made up at
; it was es the Sfrd,
_end the
wiledvdth it hew esti illik of Xhareary. gnsktl:es
E%
26th it January Mt. Attehlhaid, who had been at
St. Um 's flea 3emsmg 41) gm lillk arched at Halifax. '
Hewn* to his brellswin.Lendon en Fein 2, stating, along
sritkethematters, that the weather hadbeen rough and an-
limossehis he the Cireyhound, that she would have a tedious
tit; that ha hui. put 100 L worth of goods into her, and
that she ought Is is insured. The Halifax mail arrived
in Louisa on •the lath of • Febroney. On the 4th .
el Yawls, Mr. Chios Archibald, the partner in London,
ce
wres instreedese to a broker to et the Greyhound
Men that ha had arrived freesTarle bat the night
belie, esdhel band among the letters accumulated In his
ahem* we Mass. Archibald in Sydney desiring that
the . he insured. He stated Oat b the last
Met Jour's. It '
that asherivp Were Item est
hew ; that he
had es'led
1e.&719 getAtt
ealizasee eirilieli, awl het led hale Ak
astethwaifriterin=aSisileil Sid there Bed bees '
either eget mai ell et Us pest-
non; or. at 41 4mls, Each. 4444.41 ef Ash mate.
rial to be knees, and within that kestriedie, es areeleithe
policy. Evidence haying bees *Ed in meet Otis pleas
which bore out the etaremeet mile he tai degree, *B-
usses Were celled he tai AIMS to elserr do the feats
consusetai with the esil algid have been EllilaaWlS both
Is XL Thonsad ArchlbdM_ eredlit. Blowers Arshibald.—Mr.
&demi ghee wall addreselig this jwilereelly, when he
wee interrupted by the imam sif the , who toted that
tar Y watt Wood ts
sad if
the eagsuiThei.
then itisemed4, end rise •
rob; the seread and Worley thjelalliMr.a.
leap as *the of each ef thC4gthey
Weld sty that &As to the elehdar, • M'
i=f tht WilderWritie,laisse briir " The
wwwehled to be peels alai& deender slit'
sweet WlnewlieW
_Of 'the
=MIN Waft, se the,' swaelialsiViNiediNteetigerti_
. tweed le Nat to to imeteld Se les twirl se ellel

the facts relating to the Brigand.—The jury, after a few
minutes' deliberation, returned • verdict for tho
with damages 951.55. Bd.

COURT BM
OF COMMON FLEAS.
O in W.
PARSON! V. SEXTON AND ANOTREFL—CONB7IIICM.
OP AN AGREEMENT AS TO Tat Sate OF A SPECIFIC
CHATTEL.—The Chief Justice, in delivering the judgment
in this ease on Saturday, said it was an action for goods sold
and delivered, and the amount sought to be recovered was
1171., being the balance oren account on the sale of • steam.
engine. The case was tried before Mr. Justice Erie at the
sittings in Middlesex, when the jury found for the de-
fendants. It appeared that an agreement bad been entered
into, by which the plaintiff undertook to supply the de-
fendants with a steam-engine of 14-boric power for the sum
of 2601., and to erect the same at the defendants' premises ou
or before a certain day named. It was also agreed that the
plaintiff should incur a forfeit if he failed to complete
the contract at the time specified, and that the
nanny for the engine should be paid in three meal.
eats. Two instalments were provided for
the work was in progress, and the remainder
'fa be paid within two months of its completion. The
was erected and set to work in the month of January
when the defendants discovered that it would not do the
work of • 14-horse engine. They therefore claimed • right to
reject it, and when the plaintiff demanded the last instal-
-1 mint of the debt 1171., including aches for fittings, &c., they
?shoed to pay it. Hence the present action ; and on the
pert of the defendants, it was contended that they were net
Wend to take the engine, inasmuch as it was not a mediae
of 14-hone power. On the other hand, it was urged Melt
the defendants had purchased a specific engine ; and that if
the plaintiff had broken the centred, the defendants hat a
remedy by action.—Mr. Justice Brie told theist" they wen
to say whether or not the engine whisk the Museguns had
received was of 14-horse power ; and the teemed jade =-
premed his opinion, that if it was not such a machine se
the defendants had ordered (they were at liberty to reject it.
The jury having found for the defendants, leave was rammed
to the plaintiff to move to have the verdict entered for lefm—
damages 1171. A rule nisi having been obtained the am
was argued in Easter term ; and the court were new ed
opinion that if the defendants bought a specific chattel, they
were bound to pay for it, and a breach of warranty male
part of the plaintiff would only go to the redmetien of
. It appeared in evidence, that after aim were-
sp=ee nice had taken place between the parties the elehod-
anti foreman had inspected the engine before it ward
together, and the defendants subsequently speed to
accept that particular engine. The defendants, there-
fore, could not reject the engine on the ground tint
It was not such an article as they had agrced to pentium It
wee. farther contended for the defendants, that they wars
onlionod to pay the Int instalment, as the time for pay-
ment had not arrived, the work being incomplete, according
to the terms of the agreement. The evidence led to the
mansion that the defendants had agreed to take the 14-
hem engine which their foreman had seen. They had,
therefore, purchased a specific chattel, and they were not
bedded in rejecting it afterwards. On the whole, the coact
wen of opinion that the verdict for the defendants could
net be sustained on either of the grounds mentioned, and
that the rule must be made absolute for a new trial.—Rals
elnelate.
Paws o. Bmcnsa.—Tre Dories or ♦ Itsroannve
OFFICER AT AN ELECTION.—Mr. Justice Coltman said
thin was an action against the returning officer for the
borough of Abingdon, for refusing to admit the plaintiff's'
vote at the election for that borough. It appeared
that the plaintiff's name was duly registered in the
list of voters, but that he had ceased to reside
within the prescribed district, up to the time of the election.
He, however, tendered his vote, and insisted that, upon &n-
-onslip( the tonal questions, he was entitled to have his name
piped en the poll. The returning-officer rejected the vote,
end thereupon the action was brought. The jury, by their
verdict, said that the plaintiff was not entitled to vote, and
that the defendant, in rejecting his name, was not (as alleged
by the plaintiff) actuated by any malicious motive. The
verdict was, therefore, found for the defendant, with leave
to the plaintiff to move to have it entered for him, damages
40, , if the court should be of opinion that, in the absence of
malice on the part of the defendant, the action could be
maintained against him for refusing to accept the
plaintiff's vote. A rule nisi having been obtained,
the case came on for argument, when it was contended for
the plaintiff that according to the 6 & 7 Vie., c. 18, see. 82,
the defendant had no right to reject the vote when tendered,
unless the plaintiff had failed to answer the questions as to
his identity, ac. Upon this ground it was urged that the
defendant had been guilty ot a violation of his duty as
returning officer. For the defendant, the 79th section of the
ect was relied on establishing the principle that no person
could be entitled to vote for any city or borough unless he
dual, ever since the 31st July last past, have resided and '
mmtineted to reside at the time of voting, within such city or
berm& It was moreover contended, that the plaintiff, by
esekkag to vote, was himself endeavouring to commit a mis-
demeanor fbr width he might be criminally responsible;
and it wan also urged that although the officer might have
been guilt of • breath of duty, he was not liable to a civil
adios. The cant woe of opinion that this view was the
went MC Although& pony had the power of compelling
the 'Asir ft pas Ids same on the poll, the rejection
of his ma mold mot sweat to an injury, if the right to vote
did net eilet. The rule for entering a verdict for the
plaintiff must, therefore, be discharged.—Rule discharged.