The Express.
London, England, 1850-07-04 00:00:00

THE EXPRESS, THURSDAY EVENING, JULY 4, 1850.

LAW intelligence.

EQUITY COURTS.—YEBTERDAT.
Bowe TIM MORTIS OF TIM Rotas.
THORN O. 11ID TAW VALI{ RAILWAY AND DOCK
Cox _ . INJUNCTION.
_ _.

Mr. R. Palmer, for the defendants, observed upon some
awes which wtre cited by Mr. Tuner in his reply in this
cast. The application was made on behalf of the plaintiff
to continue an isjunction which be had °biases' to restrain
the defendants from closing their railway between Penhill
and the parish of Pennington, in the county of Devon and
Barnstaple ; or doing any acts to obstruct or impede the pas-
sage of the plaintiff's carriage with horses on the railway, for
the purpose of coaling goods at the tolls and rates, acd
subject to tn. regulations of the company, authorised by this
act. It appeared that the plaintiff, in 1849, took a
lease from the company of some premises adjoining
the railway cc which he constructad limekiln. and ware-
house., cite, with a view to the conveyance of lime and
coal from Penhill to Barnstaple. The railway was opened
tea treffft, in August, 1848, and was worked fie tome time
'by the plaintiff, under a contract with the company, The
plaintiff in January last aniseed over his limtkiln and
myths% to Messn. Rickard', who off-red to take the con-
tract of working the railway, which the plaintiff gave up in
February last, but this offer was declined by the company ;
and in May last they closed their railway. It
appeared that the railway bad 0741 IC al:y been
worked with bone power, but the company finding
that this was injurious to the railway. refuted to allow it to
be used soy longer, but they professes themselves ready to
allow 1. C3l3lotiVO matinee to be used on the line. The plain-
tiff, on the other hand, contended that be had es one of the
publ.c a right to use carriages on the lice drawn by h/nee.
And one princip.l question between the patties was whether
the set of parliament autherisicg the construction of the
railway excluded to* use of any tarsiers but those drawn
by Ilcomoira
The Master of the Rolle maned his judgment.

COURT OF QUEENS BENCH.—YesuRDAT.

BETTINA' AT NISI rim.. AT G,

LORD CAresins

in. Pesci AL cum
CLAIM C. BAVAO2.-BLANDIR.

This was an action brought saint the defendant for eel,
tale deadness words spoken by him against the plaintiff.
It appeared that the plaintiff, who was considerably ad-
vaneett in life, was, at one tier., the driver of a coach on the
Great North-twat. Having married • woman with ens'.
derable property, he retired frcm this occupation about the
time that ',Always broke up the huskies* in which
be bed been enraged. He then went to reside
in the I riehbotuhrod of St. Joan's Wood, where be because
acquainted with the defendant, who was the son of • man
of tentune, from whom he inherited • large fortune. Afier
some time the defendant proposed to the plaintiff that he,
the plaintiff and his wife, should take the defendant's
house, and that the defendant should stay with them in the
capacity of a ba►rder. This arrangement was seceded to,
but acme time afterwards the defeneant's cond•ct was such,
fa bringing c:rtaits parties to the house, and otherwise, that
tie plaintiff considered it impins.ble that his wife could any
longer remain in the hours. As, however, the plain.
tiff had brought considerable property frit° the
house, he sent his wife away, but remain* t
*elf in the house. The defendant then commenced •
sys em of annoyance in regard to the plaintiff, which had
rendered it abaclutely necessary fir him to airly to the court
for protection. In March, IMO, the de:el:dent began to
asperse the character of tt e Windt in the most "'doles
manner, charging him repeatedly, and in the presence and
hearing of many people, with the cammiesion of unnatural
crimes. It was to protect himself against the injury which
such imputations were calculated to inflict upon him that he
now threw himself upon the court for protection.
The defendant pleaded the general issue.
Evidence was adduced to prove the slanilerons words
used; but they were such u to render them unfit :or publi-
cation. _

Mr. Serjeant Wilkins did not dray that the words had
been used, nor did his client attempt to justify them. The
defendant was an eccentric and irritable person, and made
use of words in a moment of great beat, implyirg charges
which be had no census intention of imputing to the
plaintiff.
After a few words from Lord Campbell, the juty found a
verdict for the plaintiff, damages 1001.
Pam Laos or: PARLIAMENT.
_ _ _

During the of the ease which followad, and
which present, no feature of sufficient interest to call far a
report, an episode occurred worth noticing, os it involved
the question of the privilege of parliament. Amongst the
witness., summoned to attend and give evidence in the cue
was Mr. Aglionby, M.P. for Cnekermouth. Tie hon. gen-
tleman came into court shortly before the ear . was called
on. and appeared very restlase, intimating to those
about him that it was his inteation to appeal
to Lord Campbell about something or other, as
soon as the cam was called. No sooner was the jury sw .rn
than he rem and addremed the court. He had two ci,jec
tins to snake to his presence there on that occasion. The
first was that he was a member of parliament. When served
with the sub, cena he objected to attend on the ground that
a member of parliament was privileged from such annoy-
ances during the actual sitting of the house. His had also
been served with a subpoena dues tecum, but he had
written to the parties to easy that the letter which be was
required to produce was not in kis possession, and that he
knew nothing of the matter which he was called upon to
prove.
Lard Campbell said that he not only thought that there
was no ground tor his objection to appearing as a witness on
the score of his being a member of parliament, but he felt
so satisfied on that point that he expressly overruled the
objection. The obligation of attending a court of justice,
and giving evidence in a case, lay as much epos a
member of either house of parliament, when duly suns-
mooed, as upon any other member of society. He recol-
lected a cue in which an attachment had been served on
Lord John Russell for not attending. As to the objtetios
on the ground that he had no knowledge of the transaction,
it was one which be (Lord Campbell) could not entertain.
He had no doubt, however, but that, if Mr. Aglionby's evi-
dence was not really escudo!, the touns-1 in the cue would
come to some arrangement to reheat him, and thin not de-
prive the public of his valuable services In the House of
031111600% (Laughter.)
Tsai counsel on the side on which the hon. member bad
been subpannsed here offered to let him go, bat the moment
he was at liberty to depart, ha persieWd in staying whore
he was.

at lb
lt 0
1 0
I 8
31
30

COURT OF COMMON PLEAS.—YernaDAY.
aiTTLIKiI AT NM Parvs AT GVILIMALLt- BM.* MI. JWITI

Joao.

st lb

ChM AND ANOTH IA V.FLTIONT inn Axonns.~Ts•
WALBIOOI. VRATZT.

The question in dispute in this ease, which had been tried
before, was whether or net the vestry of the pariah of Wel.
brook ought to be as open era *sleet.
Mr. Justice Williams. who said he bad read the short-
hand writer's notes of the former trial, now angvested that it
was a proper case for a refiner*. and it was agreed that it
should he refined to Mr. Justice Brie.
Sir F. Thesiger, Mr. Cowling, and Mr. Bramwell, ap-
peared for the plaintiff; sad Mr. Serjeant Byles and Mr.
Adolphus for the defendants.
The Court then proceeded to try the cue of Tappin v. The
City Wearn.beet Cosapsny, which bad been tried once be-
fore, and which was an action to Teener compensation in
damages for running down a barge belonging to the plaintiff.
The particulars of the ease, however, were of no public
interest.

COURT OF EXCHEQUER.-YESTERDAY.

Bra Y. roLpocif, C. 8., AND • LONDON CONN=

.
losT.
COORTITIONe. MEDNOIIDLAGTION AGAINST • BANE-
*OPT NOT MAINTAINABLE 7011 • DINT PIIZTIOUSLT
INCHHIAID. NOTWITHSTANDINO RINOTAL or Peoramy.
TM plaintiff was a wine merchant in the south of Frame
sad the defendant was in 1846 the proprietor of the Prince
of Wake Hotel. Leleester-place, Leicerttr-rquare. The
Mies was brought to recover the amount of two bills of
cramp fee 261. each. drawn by the plaintiff and aecepted
by the defeetiant. The deem. relied on was that Mr.
Menseiso bad obtaiaed a certificate of bankruptcy
mime the bills arrived at maturity Is Jam. left
TM *
hastkra Wit replied that trader the 6 It 6 Vie, a. 132, see.
ffill, the wirtibeato cff obtained by idsmndest
wee void eh kids ow the gmnie4 that after tie be awl
tisediliady removed ands redo whisk should has hen
&Wind up le as Wpm. TIN bills won gives he wisse

supplied by the plafutiff to the dehadant, whose eertificate
was suspended (or 12 months. The goods alleged to leave
been removed entwined of certain boxes of lines, a sande-
'thrum, and other snide,. They had, it weaved, been con-
cealed by the el, (taunt's wile, but suboqueoily they were
reamed and given op to Me es idaeu ter the benefit of the
creation. It we., therefor*, matest ell that there bad been
no fraudulent meceshment to beteg the ease within the eat
tae reader the &loudest liable I. this mike, especially as
whoa be had became aware of the mond of the property
referred to he bad taken immediate Mem to have ft restersde
cad mutually it wen delivered up es the moigue's.
The Lord Chief Baron wee et *aim, that leader all the
eiremastames this was sot melte lestedialeat emmelemat or
removal se the property e. to Wag the bankrupt Millie the
meeninie of the mt. There was as evidence to show that
then had bees a oontiousd sad *tested reamed ash* pro-
perty in the first instigate ; and, am to the mooed removal,
the quantity appeared to have been very smell, and
it was quite plain the &Mimes wile had mused
it :to be removed without the defoidast's minion or
kaowledeeto Mont the seessearies el embeisteme ler her
Alll them fade bad been bormid under the notice
of the homed Coomiedeser of Baakruptey, who metaled
the defendant by sumending his ortillesto for twelve
months The (maidens for the jeep wen, whether the re-
moval of the waned portion of the goods had been with the
defendant's emotion sr knowledge ; sad if so, then whether
that removal mounted to a fraudulent semenhasat with**
the mania' of the act The spirit wad object of the beak-
rapt law wee, that after a Mier bad mamma* the ordeal
of the (curt he was not to be puma or held responsible
for debts antecedently foatreeted. The jury were bound
to fowl the meaMg of the legislature in a liberal amen
with reform to the bankrupt. They should lam their opt-
aim as lathe alleged fraud and detenniae whether epos the
evideme placed before them there had been • fraudu-
lent euneselement by the defendant. If ao, the sniffiest*
would am protect him from liability is this ectlau, and the
plaintiff would therefore he entitled to recover. His awe
opinion of the meaning of a " fraudulent commitment of
property " was suck a eonemlasent a deprived the erediton
of the benefit of the goods concealed. In this ease, it bad
been proved that the goods were restored to the mil-
mote through the instrumentality of the defendant himself.
The creditors, therefore, had as mach the benefit of the goods
all if they bed ROM been moved at all. It was therefore
impossible to say that • frssdolent comealment, within the
meaning of the set, had been committed by the defendant.
After a kw Mantes' causal:mien, the jury retuned a
verdict for the defendant.

PREROGATIVE COURT.—YESTERDAY.
limas Si. IL I. peer.
IN TEI GOODS OP LADY J. A. BRIDGES', WIDOW,
DICZASED.
This was an application tog probate of the will of Lady
J. A. Brydgee, wi b five papers in the handwriting of the
deceased as one codicil, and Who a further codicil duly exe-
eutsd and attested. The testatrix died on the 7th of March,
1850, leaving her brother, the Bishop of Armagh, sole exe-
cutor under her will, dated the 28th of June, 1845. The hes
pipers in question were each signed and attested, but small
vacant spaces appeared between the disposing parts and the
testimmial dilutes on the hoe of some of them.
The learned Jorge thought the five papers contained a
good disposition of the property, beimg intended by the de-
ceased to firm one complete codicil. Ilv decreed probate of
all the papers as the will, with two codicils.