The Express.
London, England, 1866-06-28 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
.oe-Chancellor Sir R. T. Kindersley.)
OBD STUB. 15921. AND COAL 001IPANT {BCS}
Lzw P. LOBO CANOTS.
This was • hill filed y the company as.lookelooe
/or an injuction to restrain the lessor from taking taialit
of the breach of certain eovenente contained in the book
'The lease was dated M0v.,1853, and by it Loa
let to a Mr. Martin for 44 yews from the 25th Marebittk
all the minerids upon • °erten'', estate, with the anodise
that within 12 months two Platte should be utak aai 6
powerful steam-engine est up for the purpose el owe..
the mines, and that, the shafts should not be wittio".
hundred yards of the farm-house upon the estate.
The Vice-Chancellor maid there could be no doubt too
there had been a breach of both covenants, and the iojo
gelation was whether tinder the circumstancee a moil
equity would consider that the plaintiffs were entitled to
be relieved front the effect of the legal forfeiture. web
reference to the setting up of the engine it was deer Gni
the agent of Lord Camoys had by his dealirop witk
the company encouraged them m expeniieg shur
money upon the works at • time when it too
utterly iarponible tb&inteenant gould
and upon that point the plaintiff would be entiliellajo
benefit of the injunction. As to the other point,
the evidence showed that the *gent had no kmoviohns
the action had been comidenced that the shale were
eritin the Prohibited &stenos, end therefore there reek
have been no condonation of that breach of comsat, Oe
this ground there wee no eq,uitable evidence usismokk
the court could restrain tie/action. The bill aura thon.
fore be dismissed, and the plaintiff at law would be idi
at liberty eo take out execution. The decree nook ,
without cost/.
Mr. Glasse and Kr. Mackiceon appeared for them.
pany; Mr. Bailey and Mr. W. W. Cooper for If (Um

(Before
=ma Bur

COITRT OF COMMON PLEAS.
Sittings at .Nisi Prim in London.--(Before lel chid
Justice Erie and a Special Jury.)
NTRRS V. THE LONDON AND BRIGHTON RAILWAY edam
This was an edition is recover damages for Minims
tamed in Wood-stseet, Cheapaide, at 4 o'clock ea-cr
afternoon of the 6th November last.
Mr. N. Chambers. Q.C., and Mr. H. James awing,
the plaintiff. and Mr. Hammen for the defendant&
At the time of the se cident the plaintiff was a tan
traveller, in the employ of Meters. Franklin sad Co. a.
nerd Merchants, in Finsburc, and on the afneask,
question he was on the leh-hand pavement in
street, going south. His case was that a nn of the
fendant's was coining in an opposite direction at rigidt
nine miles an hour, and it passed from its not
to its wronf side of the Toad. The pavemeat ns
2 feet 9 niches in width, and close by the *boa
there was a lad carrying an iron-bound artificialfiont‘
The plaintiff paused, standing with his back spiala
iron railings, and the loos of the wheel of the nos, shy
projected over the footway, caught one end of thel itilh
box and the other end was jammed against the •
abdomen. Ha was a good deal hurt and was unable to
teed to *ritziness for three or four weeks, Lad he Miff _
fared from pain and was affected by nervous sevenths
conserpient upon the accident. For the plaintiff it vs
contended that the defendants' driver we waged
be;ng upon his wrong ride, and also in driving too fan
The defence was that goods were being delivered fro
the van, and that it passed front one side to the st
deliver goods at Messrs. Silver and Fleming'a tibia.chine in the ordinary oonne, and without negligees; ear,
the driver did not ?mow that there had been as sodded
until he had pulled up.
The jury, after a few minutes' consideration, fr
verdict for the defendants.
Upon the application of Mr. Chambers wend=
stayed to enable the plaintiff to take the opinion of
full court upon the question whether the jury had
improperly directed, especially upon the bearing o'
fact that the box a the wheel projected over the
meat upon the matter of negligence.
Mr. Rumen applied for a certificate for a special;
Mr. Chambers protested! against a ourate
granted in such a case as this, as the effect of it would
to enable the railway company to take the extra
of the pocket of the pawn whom they have .
without there being any peculiarity in the case to
a special jury necessary.
ail lordship, however, granted the certificate.
COURT OF PROBATE AND DIVOB
(Before the Judge Ordinary.)
JAMES r. wnrsoN.
Mr. Kerslake, Q. 0., Mr. Cooke, Q.C., and Dr.
for the plaintiff ; ?dr. Overeat, Q.C., Dr. Wambe;
Mr. Barker, for the defendant.
This case, in which the plaintiff propounds the
Mrs. Sarah Jane Naylor, late of Elvedon-lodge, St..
wood, and the defendant opposes it on the ground
testatrix's incapacity from chronic intoxication,
mimed this morning. The testatrix, who was
years old at the time of her death in April, 1865,
widow of a wealthy Sheffield manufecturse, who
1861. The plaintiff I. a sol, of Easexetreet,i
who acted professionally for the testatrix from the
of her marriage, and between whom and her a p
marriage was entered into in 1862, but never
The defendant is also a solicitor residing near
and was, until early in 1863, " the .lemeat friend
tatrix had in .the world." The will now propounded
made on the '29th March, 1865, and left the plaintiff
siduary legatee, and the defendant, in whose fano,
violin will was made in 1864, disputed its valid
ground already mentioned.
The evidence for the plaintiff was resumed,
tinned this morning. So far it shows that the
died of abuse of alcoholic liquors ; but that she •
time of unsound mind, or intoxicated.
The case hi likely to last for a day or two.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner llolroyd.l
IN RE citinwoon.
The bankrupt was a draper, of Somers-town.
counts prepared by Messrs. Dubois and Newstead
debts of 4,570/. ; ease.s and property held shout 3,500
This was an adjourned sitting for examination h
and
charge. At the last sitting it transpired that the
rupt, in addition to his place of busmen
Ossulatometreet, Somers-town, had for sometime -
on a shop atChatham, but had rendered nc
the proceeds of that business. An adjournmei
ordered, that ho might do so. It now appeared'
additional accounts required had only just
bbeeen
• furtheradjournment was asked, and ordered'
pose of investigating
_them.
Mr. Bagley, and Mr. A. Griffiths appeared
RE R. J. MoSTIN.
The bankrupt was described as a gentleman,
street, Lambeth. This was an adjourned sin
amination and discharge. The debts are about
which upwards of 3,000/. is due to the benkropi
under a decree of the Court of Chancery made ix
to the bankrupt's executorship under the will
named Sheddon, and at the suit of his brother'
detained for a long time in custody.
Mr. Brough opposed, for the assignees, an
the bankrupt should be re.luired to give an sot
expenditure of the money which he had recei,
the will.
After hesring Mr. E. Reed for the bankruj
His Honour directed an adjounnueut.
(Before Mr. Commissioner Winsbn
IX RE DIRT AND CeNNINGHAM.—LARGE FAH
TRA TRADE.
This was the sitting fur examination and
the matter of Henry Birt and Henry Stewart
ham, wholesale tea dealer, of Mincing.lane, trs
the firm of Henry Birt and Co. Previous to
cation Birt absconded, and has not yet surrei
account& filed by the bankrupt Cunningham,
siderablc amounts on each side. They owe
creditors 54,4951.; to creditors hod ling securit
on bills discounted, 8,7431.; creditors to be
1,453/.—giving an aggregate liability of 197
sets are returned at 5,9901. in good debts
up, 1,092:.; ditto, held as security, consisting
tea warrants, 100,3071. An adjournment was
examination of the accounts.
IN RE G. L. WRIGHT.
The bankrupt was a merchant of Sisel
Northampton. The debts are 9,020/. ; aeveta,
2,120/. ; property held as security, 5,088/.
Mr. Pope opposed, and said that the account
such scharscter as to lead the assignees to
there was a great amount of property concealed.
Mr. Williams appeared for the bankrupt.
His Honour directed an adjournment till