The Express.
London, England, 1858-04-30 00:00:00

THI MIDLAND _ 01111 AT WILT/HIM RAILWAY OP 133LAXD

COMPANY P. JOSICION AND II DAL

This was an appeal from a dares of the Court of Obsocary
In Inland. The respondents had lofted into a oontraot
with the company to wham the Mange of Clair ins of
railway and to keep in repair the rallies stock tithe company
for a period of fire years, and a than tithe contracteta
tainad certain prorns that the respondents should be en-
titled to a deduction of five per cent. per annum on the whole
of the estimated value of the rolling stook as a
fund on the same. The appellants having kenos=
with the manner in which the oontract was carried act, deters
rained the contract under powers pontos& by them to
do so. After the determination of the contract the
respondents ocanotaced an action is the Common Pieta, in
Inland, claiming • nun of 3,7281. Wei the differanos
between the amosat of the mann bang
at the rolling-
stook of the appeaser flatmate rat
peer el the existents of
the contract, as aseteatheil by • eseigartaia et the valuations
mole at the beranag ant ail of that rer. A viatica wee
bad for the egriburia mkt the direction of the judge,
that, upon the legal 11111111111101i06 of the contract, the re-
=lsms were sot added le the barn* et the depreciation
at law,
Bled a
roluezFlanantbenikarn. TesigAsof Cha-
mp (I Begone's Act, what the appellants,
praying !its an &coast of the sum rendned by one appel-
lants ca would of the depredellea ilWbg the year la
guenim, and that the respeainis shed' be *dared to be
eatlthd to be paid mph dilbeince. The Lard Ohinedler,
ca the haulm, made an coder &rhea( the reuradoie
be entitled to the son el 4711/1. 10.. onimmliclelkaz end
thin it should be pig fir—thwith. As war
node for a whiniag ea farther evictor, t the bare
decree at the Led Orsoallor was steamed. The rapist
eggwas this brought.
Solicitor-General and gin Richard Bothell appeared
for the appellant. ; 14. Craig and lit. Springall Thompson
for the respondents.
Thar lordships held that under the obonmstanas the
Lord Chancellor of Ireland had extended the prim:lpin al
equity is dealing with this case beyond what there appeared
to be any authority for doing ; that the deolsica of the oourt of
law ought net to be interfered with. The judgment of the
court below would therefore be reversed, and the appal
amid.

EQLITT COURTB.—Apan. 29.
(Bidore Vice-Chancellor Sir W. P. Wood.)

ATIRAHT V. VIRIRNRRAD, LANCASNIZZ, AND CHIBIIIII

JUNCTION RAILWAY.
Mr. Oiler moved experts on behalf of the plaintiff, who
bad filed hie bill u the public officer of the Birkenhead Is-
Tema Commisekners, for an injunction to relents the
ta from proceeding with certain works in Church-
street, Birkenhead. The Monks Ferry station edjoins
Church-street, with which station there la a communication
by cosine of a tunnel to the Orange-lane station, and the
company are making alterations by which the communication
will be by a road on erobee. The company applied to the
commienoners for leave to carry their works through Church-
street, and the commissioners granted leave, on condition that
certain works were executed for the temporary accommoda-
tion of the public. This condition, however, bad not been
complied with, and the company were proceeding with the
permanent works.
week.
The Vice-Chancellor granted an injunction until Tuesday

COURT OF EXCHEQUER,Ars.u. 29.
(Bdttinp Banco.—Befon the lArd
haMkt Baron and
Bu ono Martin. Braswell, and CnnaLL)
0111 N V. IILIITON..-TEE OTSTIOI TaADE.

Thin was an action tried at the sittings after Michaelmas
terra at Guildhall, before Baron Bramwell, the question at
issue being the rights of certain persona who had parolused
the °Mots of " night meters" to a payment on every boat
load of oysters. The jury returned a verdict for the deka-
dant, thus deciding spinet the alleged rights of the plaintiffs,
and subsequently Mr. Bovill moved for a new trial, on the
ground that the verdict was spinet evidence and =idiom
lion. The court granted the rala, es it wee destrable *et
the point, which affected large interests, should be filly
argued, but on the distinct a.ganftg that they gave no
opinion on the merits of the can.
The arguments on aho cause were commenced serae
days ago, and occupied eeronl hours eseh sitting ; they were
today brought to a conclusion.
Mr. Denman, Mr. Lull, and Mr. Bernard showed nue
rthe rule; which wu supported by Mr. Booth and
ig itoneyman.
During the arguments,
The Lord Chief Baron inquired if the oorporation had sup-
ported the plaintiffs in aesidng to esteblish their alleged rights,
end being answered in the negative, remarked that the cor-
poration having eold the appointments, were bound to do ea
The court reserved *woad.

COURT OF BANKRUPTCY.—Apan. 29.
(Beim Mr. Comakinkeir Evans.)
IN 11 MOM= HTXAN.

The bankrupt was a marchant of Misoing-leas. This was
the on meatkag. The accounts, prepared by
Messrs. Hart Brothers, show the fallowing items:—To
creditors, 2,11601.; ditto, secured, 8,446/. ; liabilities on ao-
count of the Central Society of the Vineyard Proprietors,
21,0321. 9s. ; ditto, on non-fulement of contracta, 4,0461.;
other liabilities on bills, 3701. ; good deb* 1,0164. ; due from
the Central Society of Vineyard Proprietors, 3,4634 ; ro-
piety sunendered, 9641. ; ditto, held by creditors, 8,6681.
On -the Ist of January, 1857, ha had • aurplus of 9021.; the
proem had been 7,3421. ; losses, 2,4881. ; expenses, 2,7301.
It appesre that the bankrupt had soled as the agent In We
country for the Vineyard Company, end in that capacity bad
accepted bills and Incurred other hibilltim on their behalf.
these liabilities he holds a amceigege for 10,0001. on
re 7elett Ham Distillery Company.
The bankrupt passed.

The bankrupt was described is a whelerele elothistipt
Bres/Patreet-hill. This was the exanaleeehei testing. The
by Means. Beare ad themiogs, thew
dsb GI 3,5001.; mese sleet Mt.
ler. A. Tame opposed for the dolor& It appeared
that the beakrept int not tatlittledtr emeated for the
lesse of his pranleea,
atcbowstd dee dleo.vith Hahn peleilln.

Maks Ifr.
IN 11 MADAM AND MAN&
Tie tenkrapta were Corl2-518111114 MidtAWl.
MB the adjourned examination
ILL Pima, tits With& sooloosollittlioopoot am the ark
datos—A. Ito loolimipoo 4182Nrass liaboopoloool lok
hay IFA& olosoinio alms peeled two yam
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gifts—

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To this Is addod—
Comb to bawls of Dill bolder. IN 10
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/1140.1 X • 0
" Ia this can, cate of the bears*, Kr. Picard, was ad-
joadicated bankrupt in January, 1848. At that time he was
trading in partnership with Leslie Alasmder, maw
the style co firm of Leslie Akmamder and Co. On
that occasion he paned his accounts withoutt saq adjourn-
meat, sad obtained an immediate medicate. The debts
mead against the joint estate under that hemlatephey were
663,4631. 195., upon which a divitisod of 4s. 41d:in the
pound has been paid. It appears that Bardgek and Picard
commenced business together as a &IR en the lit of
January, 1862. I do not tind that at that time they were yea.
oared of any real capital; but the books axiom that in the
years 1862-66, their trading were steeds& whit
great moms. In 1832 their is were 3,7881. 7s. ,• in OA
18,1161. eits. Id, : to 1864, 10,9302 17s. ed.; and in 1866,
47231. les. 4d. This anenesefal trading will account for the
large amount of capital-34,3141.—eppearing in the balance-
sheet on the let of January, 1868. I hare investigated the
momt showing that rank, and lam of opinion that era
hankreptshave far ground for stating thanativas Is have Om
in a solvent end yeaeprom mate at that time. From the
sahmtplent accounts It apposes that the banktopte have
Warred considerable and heavy tosses. The tahnos-abala
Meeker the fact that Shay ire now owing in deka and
tlrM-
ihlr the sum of f:91,26.5 16
While the meets, aubjeot to regisatke, ere re-
turned at

Leaving • dedokaey of £73,443 3 7
It 'say be observed that dee tornado= el the
ban bon of a vet entsalive idareoter. 1a orobasig=
cob and banker's boob Yaw a total of 3 , 31,1,379,9391,
The bas, reboot at 66,6011. 161., are compood at tbe
Mowing tame:
Bed debts in daikail mad Lamina £42,346 12 3
Grain sad foes eccoot 12,092 7 4
Depreeisika by realleetiot of propos/ 2,163 16 6
£66,001 16 0
Thll prodia, rederned at 96,1661.6.. 26., an emobersted by
the boob; a shoo sae the twebe maim, same tieg to 7,1661.
14a. 9d.; aad the bankrupts' drawing ammo, aameatiag
to 6,7671. la 12. Tba bokrepte originally impended pay-