The Express.
London, England, 1847-03-19 00:00:00

Eats Entrtlterna.

HOUSE OF LORDS.
Present, the Lord Chancellor, Lord Broastais, sad Lard OBBOAS.
BABBITT AND OTHIRS IP. Tan STOCKTON AND DAR-
LINGTON RA ILWAT CONFAB T.-011.11CZA ILOZ POZ TRANSIT
Or Costa BT RAILWAT.—SUIT TO ZICOViI TBZ OTZa
mmmmm pers.—This appeal from a decree of the Vies-Chan.
collet of England was partly heard last Tuesday, and the
eiscumetances snd points in dispute were stated in the report
which sppanred in this paper on Wednesday.
Mr. Smythe having been heard the Lord Chancellor
end the other lords prima, without hearing the replyt out,
disposed of all the points to this effect:—first, that as the
appellants alleged in their bill that no haulage or other ter-
noe for which id. per ton WY claimed by the respondents.
was done by them since 1837, and as the respondents gave
no evidence of having done such work, the appellants were
entitled to recover back the monies paid by them on that
head; secondly, that as the appellants paid the overcharges
under duress, and the same were by order of the court, on the
application of the appellants, and with the consent of both par-
ties, vested in the funds, the respondents -rere not entitled t,
the fruits or interest of these fund. ; but se the decree ad-
jadiested the principal to the appellants, they ought also to
have the fruits that accrued thereon ; as, however, part of
the looney invested properly belonged to the respondents, it
was to be referred to the master to ascertain that part. And
thirdly, that as the respondents did not repay to the appel-
lants the monies received, and decided by the Haat judgment
in **action to be overcharge., the bill in Chancery became
neeeesary, and the appellants ought not to be ordered to pay
the costs. Their lorips therefore altered the Vite-Chan-
°Woes decree on these three points.

EQUITY COURTS.
Sofas, the Waster of the Rona
Hats v. Nasx.--ADMISSIBILITT or EVIDUNCII.—This
bill was Sled by Messrs. Hills and Ca, coramerthanta and
core-factors, carrying on Wainer in Fenchurch.street,
against the executors of Mr. Thames Mash, late of navies-
inn, merchant, fora contribution hum the deceased's estate
Inwards certain lessee which had been incurred in a corn
speculation in 1840, to which, the bill alleged, Nash was •
party. The emulation wu Whip& is the bill to have been
the joint comma dee and Yeah, end three VAR
of the mums el Congener, dhow/ekes& WeriL
he bill stead Sat the platheith hed sidemen Wedd and
Carpenter, wed they wen net mein pollee to the wit. The
only names M supped a the planet& ems wee that of
Weld and Carpenter, their eeni and they were
emenieed a prove that Mr. Norwas a party to the epees-
laden, width was not admitted by the answer of his men-
ton At the hearierin 1843 It was eteeeted by the de-
featism.' that Wadi sad Shopped aught to be parties to the
sin; est that *de Minna wee net Warman egeinst the
dellashisee. Meat id the Reds enemas& loth these
olgediens, and made a dame against the azemthire el Nash,
end directed the ceningeential accounts against them. The
delbodents appealed, and Lord Lyndhurst, en appeal, re-
mand the llanter of the Boils' decision, sad decided that
Well and itmeed IMO neesmaryperthele the suit. They
were nesseillegk same parties, and the truth essaing on now
to be lies* nantehestion was when by the ammeters of Nub
hv the oldie evidsthe
seis=perd and Wedd.
Messrs. litheitaby end Smythe for the execu-
tors ; Month Meugell and Piggott the plaintiffs. The
Master et the MeMs mid he would decide the question en
Monday next.

Pekes the

Ragland,

POWELL P. TEN RIIWNADINT— AND CIIIIIITZEPOID
RAILWAY Comr.uty. -- INJUNCTION TO IDITILAIN A
RAILWAY C PEON TAXING L►ND NOT PRO LLLLL

- - -
DILINZATID ON 711 PLAN.-Mr. Bethel and Hr. Simp-
son applied for an injunction upon notice to restrain the
Newmarket and Chesterford Railway Company from pro-
ceeding to asses, by MOW of a jury, the value of certain
land, belonging to the plaintiff, on the ground that the no-
tice did not correspond with the plan, and that the defen-
dants intended to take two pieces of ground more than was
expressed by their notice. The Viee.Chaneellor granted the
injunction, and stated that he bad before decided that •

railway company could only take enchPoVtlipasolland se
wer* pmerly delineated on the plan, which must in every
respect correspond with the notice.

Deßye TioaCtsioceDer Wirt=
ATTORNITHaNIIRAL V. THI MAYOR., ALDERMEN, AND
SORGHUMS OF EIRTIR.—Tsa HOSPITAL OF ST. JOHN'S
CHARITY AT EIETRIL—The original information was filed
in 1822 against the mayor, boil 's., and commonalty of the
city of Exeter, as govemen of the hospital of St. John he
that city, Mating that by letters patent of King Charles 1.,
I dated the fed of June, 1637, reciting the grant in 1624, of
I the site at the hacke, by Hugh and mina ether
I charitable derider for the bees
elate Ids site
Majesty rented to the mare, baltith, and eireamatalty,
power, Homo, and authority, a erect and establish, in the
house called St. John's Hospital, an hospital house for the
eastentadem, relief, and edusWen in learning, and all or
ether lawful arts sad trades et peer children, born or
le the city of Exeter, mod of se many children or
r4s. impeteet peer pie, and sub ether members and
of the as to the mid governors thereof,
and *dr lIIIIIISSOIS, or theses mezfart of them,
elmail seem esemselent, and that the tel should be in-
alepereted sad celled "The Hoephal th. John, within
the city of Enter, heeded by Hugh Coming, Esq., and
edam," to have matinoma ibr over; end artiamed that the
mayor, reoccdar, aldomm, d comma entail of the said
city for the doe bang amid be governors thereof, and of
the lands, romanm owl pods thereof, and be incorporated
by the cams tithe prows of the hospital. The informa-
tion this IMAM the the mayor, recorder, aldermen, and
gamma ono& of Matra, in their corporate character of
=of thm ropier had been in the habit of letting the
so at hologram mats; that they bad in many
MIR mixed the shaft MOHO with the estates of the cor-
poratist of the city of Bader, of which they had also the
til=t ; and had benwored for the use of the corpora.
trlirity, menice bekagleg to the charity, which they
bad never acammerd for, dint prayed that the rights of the
charity in ropmetof themeless mentionedin the ioformation,
might be aseatelead and declared by the decree of the
mart: that roper alleseihme might be given for the =no-
tows= and establishment of the charity, and for an ae-
sant of the charity estates, and of what was doe to the
charity an the defendants. Upon the hearing et the
lime is 1629, certain inquiries were directed se tothe
pesty at the charity. 1111ile the inquiries were
the haulm 1 and 6 WEL IV., e. 76, coammly ear the
Ilasidgel Horpoorms het, wan Paa. tity the ellailla of
the 71at seetiosof whir all the right, title, and Woe* of
the ourporears of Hinter, sad of livery iambic thine is
the asal!!!
__eilmer, ceased sad determined en the 31st of
=eieblyl&esaldatl gusteeer ,dat" shady
aft4r7:ll
in biro by the ase, new OWNS. were of the
=aelden, inaladirss Sala et the whir awe
k or under the adoinktnalon tho osopts-
shot of Swim. The new traismes having lase
ban Drat& bra the seen by way of saw
piesmot, the mom now mat on for the purism of ob-
Skip a dean is the elemental sat, that the proceed-
ing' ht the original suitt he made available me agora
iiii
the now tr.—Mr. and Mr. Oka for
the Abe soy-General.—Mr. Teed ad Mr. hr the
Orposollas of Exeter sad the Owes= of the tot,
essimmied that the charity mbar woo held lry Sir re,
not la their .spiky of maibas et the eseparion of Br-
ter
liefea of the hospital ; ant that the two
bella of the ease Whiled% were not
idestisel. ea:C71.1.../..., Nielaft Oa inwilisi
thresh It mar the loprd try orerm am no appraise
to the soma am owl an new Mama held has graded
✓oe tits decree wilds resderod a auggionoatol oil maw
eary.--Mr. Bark mil& Follett OM the now Imam
His Bomar made the .al supplemental kern wind
the sew Masa the ream to be without reduditm to any
whether the rarity wee allia7 Istaland
rihot se to
port ars whir the Lord Choosier% order woe
hurlod; mad the mopwalion to lo at Wry to aro my
mashes they might be skier Mashing the rah

COURT OF BANKRUPTCY.
Mara Kr. Canamaticoor Balm&
Is se Blionx..—A telanOee Acfnex.—This heel-
vest, a Fatten, caw up Inc his Beppaaerlid order. He was sap-
=dr. Seggese. ea/ es behalf el flir
array, • weghtrate, se lie giellndi et II Vellelielle
defers to as aegis. Sir Robert het s port fog kr lee*
sad having lose sem. the insolvent was %ben up Br the
hientilsis dinsmaTiviessoria wiles, being beaderdbd awl &deed
ms te a end, end mules& fa plias he tee
as
gen lined eel water. Ha beg ht In irlfoler
het eddy the While of bde .Mete. it eine reempreee,
bet reerierlaraTek awl ogee Me der gravel eppedlise
seed. It *Mei seas led beers leergltierphut
Mr Hebert tiny fr n 11111111 alt, sod a ,enlist wee ghee
eaehet bins. Another use was peels( waled Ms.
lidhort bad mover said at Ablate VW to weal& have
gel let his rot in MOW gm& Mr. Wright,
ha the Hertford polio., who leek the beelvent
lute custody, was exandsed, and doted : lassesiso Geed
said to ow, n What are yea grin to do for flit RAM War-
ray ? Coal you till a white lie for his?" I aid no, I
will tell the truth, and I mil lose mg coat hat ham I to
en aatruth.-81r Robert Murray was ezelnpnand deeded
the fads above stated, "Mai that he did wit Se bed.
vent late custody, sad that the *agate:ye apes W ewe
authority.—The learned drandesioner greeted the lasi
order.