The Express.
London, England, 1866-12-13 00:00:00

THE EXPRESS, THURSDAY ;EVENING, DECEMBER 13, 1866.

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURTS.
(Before Vlce-Chanoelior Sir J. Stuart.)
THE MERCANTILE IMPERIAL CREDIT ASSOCIATION (LIMITED)
P. THE LONDON, CHATHAM, AND DOVER RAILWAY COMPANY.
The Attorney-General, Mr. Cotton, and Mr. C. T.
Simpson appeared in this cue in support of a motion, on
behalf of a Mr. Drawbridge, for a receiver of
the rents of a portion of the surplus lands
of the railway corn y. It ap that the
company had mor the partlcti r lands in ques-
tion, to Sir Morton Peto ; and that be had then raised the
sum of 100,000 i. from Mr. Drawbridge, on the security of
that mortgage.
Mr. Bacon, Q.C., Mr. Martineau, and Mr. Kekewich ap-
peared for the railway company.
The Vice-Chancellor said that if an order, which he
had made on the 17th of July last, did not in
its terms extend to the surplus lands of the com-
pany, as he intended it to do, he would take
care that it should be corrected accordingly. His
honour deprecated excessive litigation in the matter.
The Attorney-General observed that an application bad
been made to the Lords Justices, before whom the
order of the 17th July was then pending under
appeal, to hear this and the other motion together,
in order to save expense ; but their lordships thought this
motion ought to be made here first—in regular course.
Upon this, the Vice-Chancellor said he thought the best
thing to be done was to refuse this motion ; and that
would give Mr. Drawbridge a legitimate passport to the
Lords Justices' Court.

(Before Viols-Chancellor )(aline.)
scam O. WIRITAGN.
This bill was filed for the foreclosure of a mortgage of
the amount of 59/. There was no attempt to dispute the
liability of the defendant, but it was contended that the
bill ought to be dismissed with costs against the plaintiff,
on the ground that the proceedings in respect of so small a
sum should have been taken in the county court. The
payment had been delayed in consequence of a difference
as to the amount due for interest.
Mr. Glasse and Mr. Joyce were for the plaintiff ; and Mr.
Eddis for the defendant.
The Vice-Chancellor held that there was nothing to
prevent the plaintiff from coming to the Court of Chan-
cery fsdrelief, and he was entitled to the decree for which
be asked. The defendant could have avoided these ex-
pensive proceedings by paying the 501. and he would have
therefore to pay the cods of the suit.
THE MATOR AND CORPORATION OF FITTHZ V. MAST.
The defendant in this cause purchased of the plaintiffs
certain lands abutting on the sea shore at Hythe, with the
condition that he should build upon them within two
yeses houses of the value of 1,2001. Instead of carrying
out his contract the defendant, long after the expiration
of the two years, had left upon the land unfinished build-
ings, which were an eyesore to the neighbourhood, di-
minishing the value of other property, and causing greet
damage to the plaintiffs. Under these circumstances pro-
ceedings were taken by the plaintiffs to enforce the
contract, but the defendant had absconded, to avoid ser-
vice, and did not not now appear. The bill asked that
the contract might be rescinded, that an inquiry might be
instituted for the purpose of ascertaining the actlW value
of the unfinished buildings, as a set-off against the plain-
tiff's claim for damages and costs ; and that the defendant
might be required to reconvey the glands to the plaintiffs
free from all inoumbrances, the plaintiffs agreeing to re-
turn the purchase money, with 5 per cent. interest.
Mr. Bailey appeared for the plaintiffs.
--•vse aa prayed.

- -
COURT OF PROBATE AND DIVORCE. ;
(Before the Judge Ordinary.)
DATIES V. DEVE.REUX AND ROBERTS. I
Dr. Deane, q.C. Dr. Spinka, and Mr. Morgan Lloyd
'
for the plaintiff • ' Mr. Mclntre and Mr. Colon for the
defendant Roberts.
The testator was Mr. John Vaughan, late of Pentnaen,
Merionethshire, who
dower, the age of 74, in June,
1863. He was a w and had no children.
He left personalty to the amount of 5,0001.,
and various freeholds, yielding about 1,2001. a year. The
will in dispute was dated on the 16th of September, 1861,
and by it the testator gave to his wife's half-sister, Miss
irt
Jane Davies, the whole of his personalty and elite interest
in his realty, with remainder of to her two nieces, and
part to his neighbour andgodson, Mr. Pryse. The only
next of kin, Mr. Devereux ( nee deceased) had declined to
contest the validity of the instrument ; but the Rev. Hugh
Roberts resisted probate on the usual grounds, namely,
undue execution, want of capacity, and undue influence.
This gentleman claimed as heir-at-law, and alleged that he
was descended from a common ancestor whose marriage
took place so long ago as 1691.
On the part of the plaintiff evidence was called to show
that the testator had made a long series of wills
by every one of which the alleged heir-at law would have
been equally excluded ; that the testator was perfectly com-
petent to transact business • and that he had pven instruc-
tions for his will, and had executed it with the utmost
deliberation and formality.
(The case was proceeding when our report left.)

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE G. L. FOUNTAIN.
The bankrupt was a cattle dealer,of Sndbury,lliddlesex.
This was the sitting for examination and discharge. Debts,
1,849/.
Mr. Phelp, for the assignees, did not oppose.
The bankrupt, in answer to questions from the court,
stated that he had been a heavy loser through the cattle
disease. He had been in the business all his life, and had
never failed before.
His Honour granted the order.
(Before Mr. Commissioner Goulburn.)
IN RE HODGE.
The bankrupt, a licensed victualler, of Totteuham-court-
road, applied for his discharge from debts of 7631.
Mr. Aldridge appeared for the official assignee.
Mr. Cannon, a creditor, opposed in person, and com-
plained that the bankrupt had vexatiously defended an
action brought by him on a bill of exchange for 40/. ; and
after putting the plaintiff to an expense of 24/., had
allowed the cause to be disposed of as undefended.
The bankrupt said he had a good defence ; he had never
accep:ed the bill, nor seen t ; and wanting funds only
prevented him proceeding with his defence, which was
that the bill was a forged one.
His Honour did not think the charge of vexatious de-
'dice established, and granted the order.
(Before Mr. Commissioner Winslow.)
IN RE LIND() AND xr.sno.
The bankrupts, brothers, were general merchants of
Idol-lane, having a house at Lisieux, in France. Their
aggregate liabilities are about 7,000/. ; assets estimated at

2:56/. -
Mr. Manna, for the assignees, did not oppose.
Mr. R. Griffiths opposed for Mr. We Hord, of New•
castle, who had supplied the bankrupts with coals, to the
amount of 720/. to be delivered at various ports of France.
The bankrupts had made a proposal to pay 2a. tid. in the
pound, which would probably have been done out of the
proceeds of Mr. Welford's coals. An adjournment was
asked for cash and deficiency accounts.
His Honour said the case was a very unsatisfactory one
on the face of the accounts ; the bankrupts must explain
what had become of the property for that purpose an
adjournment would be ordered.
IN RE C. A. BOWEN.
The bankrupt was a ship-owner and merchant, of Mark.
lane. The accour.ts filed under the bankruptcy show
liabilities of 1,5001. only ; but it appeared that in 1804
she bankrupt executed a deed of inspectorship, under which
liabilities were not less than :17 ,5331. He ascribed his
present failure to liabilities incurred as liquidator of his
shipping estate under the inspectorship, and the great de.
pression in the shipping trade since.
Mr. Bagley, on behalf of the assignees, stated that the
bankrupt's affairs had been a long time in the hands of
his creditors, who did not desire any further accounts,
; and did not object to his having order of discharge.
His Honour granted the order.his

been convicted, for that would do more than • mere money
penalty. It was a mean way of robbing the peer, and •
system which should be checked by every means.
MARLBOROUGH-STREET.
FALSE RETB.—A TICKET-OF-LEAVY MAN AT WORN AGAIN.
Henry Blair alias "Plyme"Clarke, a ticket-of-leave man,
and James Bnahndl also known to the police, were
charged before Mr. Knox with attempting to enter the
dwelling-houses Noe. 15 and 23, Maddox street, Regent-
street, with a false key. Blair wan further charged with
being in the area of No. 15, Maddox-street, for, the pur-
pose of committing a felony, and Hector Mackay, a young
man, living in Castle-street, Oxford-street, wait charged
with attempting to rescue Blair from the custody of the
police—the last-named prisoner being a one-legged man.
Solomon Peisley. 69 C, said—About 11 last night I
saw the prisoner Bushnell in Maddox-street. When he
saw me enter Maddox-street he made • movement with
his arm, which made me notioe him. I then saw Blair
leave the door of a dwelling-house—l think No. 25. I
crossed to the opposite side of the street and passed them,
and went into Mason's-yard, but instead of going down
Mason's-yard I doubled back and watched them. I saw
Blair go to the door of No. 23, and tty to get in with
• key. Blair then went and spoke to Bushnell.
and tried the door of No. 15, but not being able to get in
with the key, Blair then raised his leg and put it over
the railing and went down the area steps, Bushnell lean-
ing sideways on the railings on the watch. I waited about
two minutes and then walked up the street as if not
taking notice of anything, and Bushnell seeing me walked
from the railings of the area to • lanap-post. I laid
hold of him and told him that I wanted him, when he
replied, " What for? Leave go. I've done nothing."
Seeing a gentleman, I called upon him to assist me, telling
him a man was down one of the areas, and some other
gentlemen coming up, I asked them to surround the area,
and they did so, lied I then sprang my rattle, and as soon as
I did so something fell in the area like keys.
Sergeant Cook, 16 C, then oame up just as Blair
was getting out of the area, and he was afterwards
very violent. I handed Bushnell over to a constable and
went down the area and found two keys. On searching
Blair and Bushnell I only found a photograph upon one of
them. Blair said he went into the area for a cet.ain pur-
pose, and Bushnell said he bad not done anything.
Blair—l never had any keys.
A gentleman named South proved assisting the police,
and while having hold of Blair the prisoner Mackay came
up and took hold of witness and " Why don't you let
the man go ?" and it being supposed that his object was to
let Blair get away wan taken into custody.
Blair said he was drunk, but the 'aimless said that was
not true.
Mackay said he merely told the witness to let the man
have justice and not to strangle him, as they were nearly
choking him.
A gentleman named Taylor, residing at Cambridge-
street, Pimlico, after giving similar evidence to Mr. S-uth,
added that Mackay made use of the expression, " I don't
think you are doing right ; let the man have justice."
He assisted the police in taking Blair, who was very violent,
into custody.
Mackay, having called witnesses, who satisfied Mr.
Knox that he was a respectable man, and totally incapable
of mixing himself up with such characters as Blair and
Bushnell,
Mr. Knox said that he did not for • moment believe that
Mackay was in any way connected with the other prisoners,
who were burglars, that he should fine him 405., not as
the charge alleged, for attempting to rescue Blair, but for
putting his hand ou, and interfering with, Mr. South, who
was engaged in assisting the police. Blair and Bushnell
would be remanded.
WESTMINSTER.

EXTRAORDINARY CASUAL WARD CASE.
A stout, powerful, comfot ably-clad man, about 40
years of age, who gave the name of Witham Lo
ath, was
charged with attempting the following disgracefufrau
William Coombe') porter at St. Luke's workhouse,Chel-
sea, said—Last night, at 20 minutes past 7, the
man before you came and asked for a ticket
of admission to the casual ward. I asked him if he had
any money about him when he gave me 3d., and said
that was all ho had. I searched the man, and found in
his other waistcoat pocket Is. 40., besides the 3d. I re-
ported it to the master, and was directed to give the man
into custody.
Charles Tanner, 275 B—l was sent for from the station
and took him into custody. When I searched him I found
a purse containing two half-crowns, besides the other
money spoken of. I found the parse in his breast pocket.
Mr. Arnold—What have you to say to this, William
Louth?
Defendant—lts all a mistake about my wanting re-
lief ; I certainly wanted a night's lodgings at the work•
house, and offered to pay anything they pleased.
The Porter—l never a heard a word of this before. He
came as all the rest do who want a night's lodging in the
carnal ward.
Defendant—l had been about trying to get a lodging at
a coffeehouse but could not.
Mr. Arnold—Yon told the man that 3d. was all the
money you had.
Porter—l told him I must search him, and he said 3d.
was all the money be had.
An insoector from the T division—This man came to the
station last night and asked for an order for admission to
the casual ward stating that he was destitute.
Mr. Arnold—This is abominable. It is one of the wont
cases that ever came before me. Here is a man with plenty
of money in his pocket throwing himself upon the poor
rates, which are contributed by many persons in a poor
condition themselves. You are committed, defendant, for
, l4 days to hard labour, and the money found upon you
will be forfeited to the poor.

The Bengal British Indian Association have
presented an address to the widow of the late Bishop of
Calcutta, expressive of the native affliction caused by his
lordship's premature death. The government of India
have directed an inquiry into the circumstances which
mused his death, resulting apparently from the grossest
neglect of proper precautions for the passage of persons
going from the river bank to the steamer.
The first consignment of the old pattern Enfield
rifles has been despatched from Chatham, in the WDe
ar -
partment transport Marlborough, for the purpose of un-
dergoing conversion into breech-loaders. There are abou
50,000 stands of arms stored in the ormolu/ at Chatham,
the whole of which will be converted.
Mrs. Stephens, wife of the Head Centre, is re-
siding at Dalkey, and may be seen shopping in Kings-
town, quite unconcerned apparently at pin
fin
made
about her husband.
There is a remarkable discourse in the Free-
man's Journal, beaded " The Panic about Fenianism." It
is by a priest, the Rev. Dr. Rice, of Queenstown. lie de-
precates the alarm on the subject, but uses the following
curious language :—" However, it would be idle to deny
we must recognise the fact that there is an immense
amount of disloyalty and discontent in the country. It is
widely spread, and extends far and away outside the
range of the Fenian. But without a foreign invasion this
will not menace the peace or security of the country.
If England were involved in a war with any of the great
power', then, indeed, we might be quite sure of the great
calamities of a civil war, and then, despite of the efforts
of the priests, many of those who are sot now avowed
allies of Fenianism would join that body through hatred
of England, and for the purpose of getting rid of English
rule in Ireland. Until such a contingency there need be
no cause for fear or alarm."
Yesterday the workmen of Chatham dockyard
commenced working additional hours, both morning and
evening. to make up for the additional holiday which will
be given them on the day preceding Christmas-day.
A new game has been invented by the Empress
Eugenie for the amusement of her guests. The official
reception at Compiegne terminates at 10 o'clock. Her
Majesty at that hour retires to her private apartments,
where those of the inritis whom she has honoured by a
special invitation are receiv-1 by her without any cere-
mony. A velvet bag, filled with slips of parchment, on
each of which the name of a guest is inscribed, is banded
to her Majesty, who draws from thence a single name.
The individual thus chosen by fate is bound to relate a
story which will amuse the company daring the space of
one hour. At the last party M. Edmund About excelled
in this story-telling ; but it appears that the amusing con-
tributor to the Feyaro, Alberic Second, has thrown him
completely into the shade.
A letter from Rome, dated the ith, says :
,` The present state of uncertainty is disastrous to Roman
trade, especially such branches of it as depend for
encouragement on foreigners. Very few apartments
are let, and the hotels are nearly empty, for people
hesitate in coming to Rome just before an unde.
finable crisis. The Duke of Argyll, with the duchess
and their family and suite, are going to leave the Hotel
d'Europe and return to Florence before the political storm
which now darkens the horizon hunts in thunder over the
Eternal City. Mr. Gladstone is still here. The journals
seem to have left off tormenting him by narrations of his
supposed colloquies with the Pope ; and although he had
an interview with Cardinal di Pietro this morning, and is
assiduously courted by Monsignors Nardi. newspaper
correspondents begin to be convinoed that he has no wish
to bear off the Pope to Malta, and that he is in reality
more interested just now in studying and commenting on
the works of Dante than the words of Pio Keno."
Count de Flahaut, Grand Chancellor of the
Legion of Honour, has artivod in Paris from England,
accompanied by his family.
A disastrous fire took place at Hong Kong on the
night of the 30th of Oat. Over 200 native houses have
been destroyed.