The Express.
London, England, 1860-06-07 00:00:00

THE EXPRESS,

THURSDA

tabs inullistntr.
EQUITY COURTS.—Jvins 6.
(Mom Viciraimikaor BB R. T. liarladay.)
CSABU v. 1100011 D.

This wee reimprea Nei lir nay queetion ma
whether a asartep dated ilmik UST, wee or waa not a
aadital
Thom bed hesa mead traumatic=
bentlielm= and deterdrel, sad by roam of the
=Q d the acemate it was met clear whether the
ben didelf, =I the dotomiant, finding the
deed ram his eiMpensibb aim The case rune
am senetim ft tun chamber', &ad
his harm thee dri the iolkesstsat's claim was mot
ablierlisted. The ace rsw are re ea farther mends=
Maas a= ft was materiel ea the plat el lie phial( that
m the reit bad lees sondered by the deirodesn's
ciondact be mg tie men; e for the defeadant
it ma sabaWM fed the Winery rule in redeetaliom suits
alletovibee=rby white he would have lite eats.
eel be seasidered that trier the
alresrlessee the detedeek who evidently knew
of Ibis claim, bat thought it to eel k np, *got to palwdyd3
the awn occasioned lrlids Grim The rest of the decree
would be la the mad form _ _

Mr. HEN sad 16711riaterd appeared for the Oa-
tiff ; Mr. awl Mr. G. W. Bantrj=the defendant
Einkhyd ; Mr. C. Hall for another

(Before Vice-Cbanoellor Iflr John Illsait )
NOTTIDOI r. PRINCE.—i!7 " AGAPEIONI."

The argument I. this ease was resumed today. The
report of the hearing in out journal of Tarailay sad of
yedirday stated the circumstances of this extemedinery
cam at some length.
Mr. Bacon submitted, on behalf of the defentient, that
the only two witnesses for the plaintiff are Mrs. Thames,
who left her husband in 1846, and who was evidently
actuated by a bitter spirit, and Mr. Boise, the attareety,
who bad been the attorasy of Yr. Prbsim sad a weber el
the Appemone and who had quitted it for six pars. Hs
(Mr. l3econ) of
Mr. against importing the tads
the smaration of Mr. Thomas and ids tiffs fato theatta=
as,. Nothing was more illogical then to se the mart to
infer that became Mr. Prince had interfered in the pared
with Mr. and Mrs. Thomas be therefore influenced IlmsNet-
tidge to make the transfer now in question. And as to Mr.
Biome, hie evidence was not receivable, as being that of an
coming forward to give evidence spinet his former
IZaimrrimt sa that afildavit had been reed sad relied on, he
(Mr. Bacon) must submit that it aniseed the fact
that Mr. Boma had, in the affitimits which be
hod prepared, mnosa si e.U, and therefore
was not now to be beamed, or he new stated
as having happened that which did net occur.
It was to be observed in the present case that se morality
W his ingpsted as against the mho el tie Appe-
ars% Wish eurlntsauld hays b
HOWilile the sone egy
es
pee t
om=s
1011•1101111 thilmltittnsginiems of Mr. Pebee and his fol.
boos might be, di set affect the present question,
end no emisidwatismei ths. Mere should In pfd is
lima eke dimieisnd lies:out It could retie eunlimill
tint migisimbse, honorer peculiar mil wresem•
mil lime the • Witt swans mon
lam. be theesesifor N web • genimlien
tem to Im pa Pent t• mob • gnissigin
The emmed, balmier, imd emismied bat the
in ender Mget poemeelen
bail Wm admiem el Wise Notting's pdpselligesMSY.
MEW. gemliy MI not been and could ad be
TM momi sohleb Mr. Prince had gime lie
eh Sig moreb =Wg met in his rower the_ mie
=apramnigoted was of itemM a samba etp
lma peones whew wwwaddedMer
7110 MOON' a. ahollorPthhos prat r. allientli
KW Nellidgo went to at the Amason of her
own choirs, and that she rimird of her
gwo free will, that she was let pe nurser gmise his control
en inffmased by bias, and that th. transfer was not sug-
gested Mbar by hba wad le tappowed, from the defendant's
whims, that lir. Thema did net, prior to the treader
bag made, ever imp. to Jen Natikke that the should
mike the treader to Mr. Priam, bat it was mode by
her entirely of bier win fres will. With regard to the
contention that Nies Notate bad no Inds dent advice at
the time she made the treader, that •was not
founded in fact, as Mr. Raabe, who at that tines resided
at the Agapemone, was her adviser. The tenth of the
matter was, that Miss Not riiitlhe tins she made the
trander, was very naturally • at the treatment she
bad experienced at the hands of nearest reladves, and
had, as the evidence of Mr. Thomas clearly proved, deter-
mined to reside permanently at the Appemone, and not to
allow any of those relatives who had so cruelly treated her
ever to become poseemed of any portion of her property.
Then it had been said that Mr. Prince's peculiar religions
opinions were irreligious. They were, however, on the
contrary, of a highly religions nature, however mistaken
and erroneous they might generally be considered. They
could not be said to be blasphemous, for that was en offence
against God and religion—as, for instance, a denial of the
goodness or greatness of God. The defendant's religious
ar:littiert;f°s4 bB4.nficeViii(ioas, not affec
evidence is a court t
t
justice. Mr. Prince did not attempt to cast any
doubt on the authenticity of the scriptures, and his reli-
gious opinions, certainly at the priming, day, could not be
held to deprive him of the enjoyment of his civil rights.
With regard to the state of mind of Miss Nottidgs, the °Dm-
=Mimeos did not vesture toaaseet that Miss Nottidge exhi-
bited any peculiarity of mud save so far as her peculiar re-
ligious opinions were concerned; and they considered the
delusion under which Miss Nottidge laboured did not evi-
dence unsoundness of mind, beijetelusions not as to •

VOWS of fact, but with regandto Jt subjects of faith.
sad it • man was to be held insane on account of such dela-
ions, no one would be secure from the charge of insanity.
The jury in awarding 50/. damages to Miss Nottidge had
found that she had never been of unsound mind ; and this
after the lunacy commissioners had been examined before
them. Miss Nottidge believed that she had bees Awed
by her relatives in the asylum in the hope of keeping her
money in the family. She therefore determined at ems
to get rid of her money by transferring it to Primes; and
thus to put an end to the only inducement theiconki have
lapis to consign her to a lunatic asylum. He r.
submitted that under all these circumstances e defendant
was 'stifled to have the bill dismissed with scats.'

Mr. Sande, on the lame side, followed Mr. Beam but the
court rose almost immediately after he had commenced his
sddrisa The hearing of this cause will be roamed to-mor-
row marring.

COURT OF QUEEN'S BENCH.—Tins S.

Sittings in Banco.--(Bcfare the Lord Chief Justine,
Br. Justine Wightman, Mr. Justice Crompton and Yr.
Justice Blackburn.)

TNI OVIRSIHRS Or BT. BOTOLPH WITHOUT, ALDGATZ,
APTILLANTS, IRS BOARD OP WORKS TOR WHITSCHAPIL

DISTRICT, azaronnErre.
This was • case stated tinder the 20th and 21st of Pio.,
cap. 43, and was an appeal from a decision of Mr. Yardley,
the metropolitan palice magistrata. It raises an important
point all to the principle on which the rating for improve-
mentainoderthelfetropolia Local Management Act should be
assessed.

By an order of the District Board of Works of March,
1857, the overseers of the pariah of St. Botolph Without,
Aldgrite, were commanded to pay over to the board s sum
of 5641, is, 1411. of which was to be levied as sewers rate,
and 4231. Oa fid. ea general rates. The overseers making
default in this payment, the magistrate issued a distress
warrant, and hence the appeaL On the one hand it is
affirmed that the pariah ought to be assessed solely with
reference to the outlay within it for the particular purposes
for which the rate is levied, or with reference to the
amount of benefit which it derive, from the outlay ; while
it is coatended by the Board of Works that the amount
which a diatriet is called upon to pay ought to be levied ac-
cording to the rateable value of the property in each parish,
and without any reference to the benefit which a particular
parish may denve from the outlay.
The Attorney-Oeneral, Mr. Bovill, Q.C., and Mr. Bony-
man, appeared for the Beard of Works ; Sir F. Kelly sad
Mr. Msoisty. Q.C., for the pariah of St. Botolph Without.
After hearing the Attorney• General for about three-
quarters of en hour, and Sir F. Kelly on behalf of die ap-
=or the remainder of the day, the court rose, their
intimating that, at all events, aa regards the
sewers rate, they ware inclined to adopt the view of the
Aftormry-Oeneral.
The further hearing of the else will be resumed on
Saturday.

00IIRT OF COMMON PLEAS.—JrNz 6.
Sittings ha Beam —Wore Lord Chief Justice Erie and
Junior Willes, and BAWL)
lUSJOIDALI AD OTRXRB r. lIIR ORNAT erase RAIL-
WAY CONPAIIT.—APPIJCATION FOR AN INJUNCTION.
Mr. florin itirtth him Yr. Pollock) moved, at the butanes
of the oomplaimnta, Marrs. Pickford and Co., for • rule
calling upon the Great Western Railway Company to show
muse why an injunction should not issue, enjoining them
to receive the eimplainants' goods at the station at Padding-
ton, without compidling the complainants to sign certain
conditions. The application was based upea two affi-
davits, one of which dated that the compLiimots
were in the habit of sending large guantitiee of goods
by the Great Western line from London to Bristol,
and that the company refused to carry the
unless the complainant, signed certain conditions, which
among other thing stated that the company would not be
andiresabie for lam or damage from Ire, civil commotion,
do., DOA fee damp from improper package, or for Wimp
from bad casks or temsatation. There were many other con-
ditims, sad the company by cos of them seamed a gums'
Ben upon the goods is their hands. Oaths Mile at Yana tist
the complainants wrote toile, eampitining tart the
course adopted was illegal, end deswwtiaagg attention is the
hardship that if goods were homed when in posse.= at
the company, the company would net ba Ingwerable, whilst
the complainants' liability as common esmisre would he Ile
oaks the loos good. The sor=iiii vielp mated
considered the conditions awl that the=
adhere to them. Subsepeetly complainants, emote
ego, saying, that they had assertained that the
did sot require the public who took goods to their reo
home in the City to sign the wedgies., aid caning that
it was plain that the company's object was ho get into their
own hands a monopoly of the cartage to their dation. To
this latter no answer wars returned, and oossegassay the
pressat applicatioa was node to the eouti-
inis (muted.