The Express.
London, England, 1850-06-13 00:00:00

Katy intelltgence.
BUMMER CIRCULTB OF THE JUDOIB.

_ -
Yesterday the days Mr beldtag_the earelag Sammer
Mears as the Northern, Nerfolk, Wiesen, Oared, Rime,
Neck Waits, and Chester Circuits, were finally Sled by the
igicwagmeisted to ;pressed thereon. The days ea the
aad Swath Wales Circuits are aimed, but set Saally
lied.
Nommtaaa.—Judges, Mr. Jodie, Wightmas sad Mr.
Jumbo CressweU.—Yeekshire, Wednesday, July 10, at the
Clads of York ; City ef York, the same der, at the
Guild-
ball of Yak; Durham, Wedaseday, July 24, at Durham;
Morthisaiberhued, Moodsy, July 19, at Newsiessle; Towa of
Newman,, the same day. at the sand plass; Cumberland,
Thunder, Audis: 1, at Carlisle; Weetmersamel Monday,
Awed 5, at Appleby ; North Divides M I.aaeaahire, Wed.
meseby, August 7. at Leawood,; South Divides, Saturday.
August 10. at Liverpool.
Nostrum' —Judges. Mr. Berea Aleknou and Mr. Jeo.l
ties ratte suse.—Backiegbamshire, Saturday, July 13, M
Ay; Bedfordshire. Tuesday. July 18, at Bodfseril
Hi~osabire, Thursday, July 111, at Hisatiagdon; Cow
bridgeehiev, Saturday, July 20, at the County Court, Cam-
bridge; Norfolk, Thursday, July 27. at the Cad!, at Nee-
wide ; City ONG/mach, the same day, at the Handball of
Nerwieb; flats k, Friday, August 2. at Ipswich.
WZITZIN.... Judges, Idr. Justice Coleridge and Mr. Jae-
tie' Talkiest —Wiltddre, Wedowirley, July 10, at Devises;
Comity of Southeseptou, Saturday, July 13, at Wier:bend ;
Doesetehirs. Friday, July 19, at Dorchester ; Cornwall,
Thunday. July 2.5, at Bothnia; Devonshire, Wednesday,
July 31, at the Castle at Exeter ; City of Eider, the same
day, at the Guildhall of Euler ; Somenetehire, Medan°
der, Augiot 7. at Welk; Bristol, City of, Tuesday, Aug. 13.
Oxman —Judges, the Right His. Lord Campbell sad
Mr. Judie, Williams.—Berksatire, Weds-day, 10th July,
at Abroad.= ; Oxfordshire, Saturday, 13:11 July, at Oxford ;
Worcestersaire, Wednesday, 17th Jule, at Worcester; City
of Wircester the same day ; Staffordshire, &ruder, 20111
July, at Stalled; Saloo. Saturday, 27th July, at Shrews-
bury; 11 refordabire, Wednesday, 31st July, et Hereford;
Moomouthshirt, Saturday, 3rd August, at Mosneouth ;
Oloseessershire, Wednesday, 7th August, at Gloutinter;
City of Glow:ester the same day.
flout.—Judgee, Ike Lord Chid Baron of the Exchequer.
Sir Freddii k Bat., and Mr. Julies Eriei.—Hert-
lbrdshire, Wednesday, 10:h July, at Hertford; Essex, Mon-
day. Chebneford; 8111612. deruesy, 22nd, at Lewes;
Rest, Wads', 29th, at Itaidstose; Surrey, Monday, sth
Amixm, at Guildford. A very important ebonite* hes been
nude is the roue of the j edges on this 'Wait, the ert ireful
auk hitherto (and calculated upon be the proiediuu) bas
been, that alter holding the auisea at Chelmsford, the judges
proceed to Maidstone, sad afterwards to Lewes; bat from
some cause unexplained, it is reversed.
NOICIII WALES AND CNINITTI.—Judge, Mr. BYO. Mfr.
Mostetoa.eryshirt, Tuesday. 18th July, at Newts'," ; Me-
rionethshire, Friday, 19th July, at thdgelly ; Orrisroot-
shire, Tuesday, 23rd July, at Caernarvon ; Aeglesey,
Thursday, 25th July, at Beau:narks; Ditahigishire, Mostay,
29th Juy, at Radian; notables. Thursday, lot Aug , at
18314; Cheshire, Monday, sth Aug., at the Castle of Chester ;
City of Ch. Ed, the same day.
fir. B sass Parke, the judge appointed to proceed on the
&oath Wales Circuit, will meet Mr. Baron RAM at Chester,
and jointly hold tie aegis s for that city and county.
VACATION ICDG E.—Mr. Justice Maule will sit daily at
bit chambers in Serjesnt'a lon, arid hear all iatetiocutory
matted arising In the three courts daring the shears of the
other fudge* ea circuit.
EQUITY COUItTI3.—YESTERDAT.
Mamma nut Vics•atatecau.na or KNOL111).
SPITZ* IP. TIIONISON.—Nsw OADNNIII.

Kr. Roden moved for special leave to Ale a claim, the
objen of which was to ascertain what elan of eheldres wire
entitled ■ader certain trust deeds.
The Via-Chancellor made the order.
Poma e. Pomo —New Comma.

We. W. Fontes moved ia this cent iee spews! leave to file
a clean for the appointees' of sew wastage, with this addi-
ILIA, t►at the old trustees should be directed to nadir as
esteem of what t►ey had received define the lan two
yam.
The Vier-Chaacellcr

lb. order.

'Worn Dacca.

Brims tr. COOren.—banaws OTA7atr, 1850.
Kr. Faber, lbw the plaiatifs, Kr. Kimble and his wife,
wiped fee leave to Ale a claim ender tee orders of April,
1850, nadir the following circumstances. It appeared that
the wire was entitled to an annuity under the will of a tes-
tator, who had:directed that a fund, to be wade up of the
of his real estate and of his personal estate, should
riVelsted to azure, the annuity. The claim stated that
the &Nation', th• *wester, had slid the real estate of the
wstat- r. hat had not Winged a fund to &cower the inanity.
Th. Vies-Chancellor pre leave to file the clans holding
that we direction to secure the annuity upon the proceeds of
realty Weight the ear within the Bth cf the new orders,
!bona t. BAINTZT.7SAIIIi OADIIIIIII.—IIIIMICTION.

Dlr. C. J. Foster moved for leave to lie a claim under the
Dram if April, 1l S(0, the plaintiff beim entitled to a legacy
chard on les•eh:id estates. It was stated t►at the ezetu-
toe Lad coatracte4 to sell the leaseh.rld premises, sad .he
claim asked for as injunction restraining him from sem-
pletiag the sale, and the purchuer from paying over the
panther, money.
The Vice-Chancellor doubted whether an order for an is-
Jonathon could be made upoc a Calm, sad believed that sa-
prsm t, asks such an order was designedly omitted
ieom the orders.

Fost.r afterwards raid that it was purposed to die the
claim without the iajaactiom.
The ViouChaseelter them said that in that ease the leave
of the wort would be uneor. *Lary.

SWUM TICII•CIea,CILLOII WlClllall.
Massa O. Ki/LIWICL.
Judgmsot has hem delivered out to the parties in this
ewe, the quankm in which arises upon the construction of
the traits deehilell in a settlement dated is October, 1814,
as to • term of 1,000 year. is large estates near Combo, in
Inv.aiehire. By the trusts in 9uerion the trustees were
directed to raise was not exceeding 30,0001. for the parties
therein mistimed, in the fleet place by felling sad *ding
the ripe timber rpm She estate, other than orsamintal
timber, or by sale or mortgage of a part of the prinises
emprieed is the term, or by all or any of the mid ways sad
mew, bs hy any other ways and mew. Subject to
this tern the mane were settled for the Walt of certain
persons for life, with remainders over in tail. The bill,
which was filed by • ti seat in tail is remainder expectant
ea the deterstioation of a life interest is one of the de-
lusive., alleged that the trustees were about to
raise the Muds of the ma given by mortise. or aide
ef the premises cemprieed in the term without resorting I.
the first intones to the ripe timber on the estate fa aid of
the nu to be raised; and it preyed that they might be re.
strained from so doing Inn; they should have applied the
proceeds of the timber on the estates comprised in the term,
other than gernamee td timber, or at all events that they
might be restrained from raisins by tale or mortgage any
other or greater sane than the i.fference between the value
of the timber and the total sum they were authorised to
nisi by the trust. To this bill two demurrers were put in,
on. by the tenant for life end the ether by the trustees dike
term. The judgment was to the effect that the parties en-
titled to the benefit of the sums to be raised had
prime tame • right to have such some raised in
the is mow beneficial to themselves. To this
tight there could be no limit except so far as
OA seen imposes an obligation to exercise particular
sights in • the Inlet prejudicial to; *thin. It bad
been sighed that the trustees had en unlimited discretion to
nibs the charges as they should think fir, and that the dis-
MAIM being honestly exercised, the burden of the charge
mast be borne by those on whom it bad been imposed.
(e' Brews v. II igr," 7 Veer?. Rims, and cases of that
class.) If this argument were carried out, the trustees
si•ght, by postponing the raising of the charges till after the
death of the tenant for life, throw the whole harden of the
principal end interest upon the inheritance • or by enteritis
apt. the estates in the first instant', and colleeing the
rents sad prait4, including the timber, they might de•
rive the tenant for life of all benefit ander the settlement;
• on the Mier bend, by punting the course sought to be
restrained—namely, rasping the chuges immediately by
sale or mortgage—they might afterwards apportion the bur
din between the tenant for life and the remeindermen in
propntin to their respective interests. So oapriciout so
intention could not be assumed unless it was peremptorily
require., by the woriing of the trusts. It was clear, how-
ever, in the present cist: that; the estil intended to sub-
ject the estates to charg:s in %Wet of particular poetics
named, and that subject thereto the property should be
settled upon team?. for lee, with remainders over.
All that related to the manner of raising the charges was
merely the machinery for carrying out that intention. It
followed, therefore, that as between the tenant for life and
the rersidaderseen the kraut for life must pay the interest
of the charges, and the corpus of the estate must bear the
capital changes Mere/elves; and that in the meantime the
tenant for life would be entitled to the timber upon the
estate, which • tenant for life, NM waste, is entitled eat
as between himself and the partt s interested is remaihder.
The mane newt to be taken by the trustees appeared to be
the right on. The demurrer, therefore, must oe overruled
is the easel way, unless the costs had Lees made matter of
arrangement between the parties.

VOURT OF QUEEN'S BENCE.—YixtERDAY.
Ittmoss ew Buse*.
Tom Qualm st. Hooos.
le this ems Mr. Peale, bad obtaised a reit calling upon
the defesdant to show cause why a mandamus should sot
issue against him, clementine him to give up to his suer
ceeeor in the office of Mayor of Tension, the rases sod other
insignia of office, which he, the defeadant, withheld and re-
fused to deliver up. It appeared that he had emolument
that the mew bad been seat to be repaired, as Wesson
which tuned out to be untrue. He afterward.' 'dud to
flei n up de mace until be was repaid a sum of 401, whisk
hod expended is diecluirginie the deities of hie odes.
Mr. Risen showed cease against the rule, sad Pe/ in
so affidavit ewors to by the defend/at, from which it ap-
peered that Winton was one of the Lufranchised boroughs
under the Municipal Corporation, Amendment Aet, and that
the se called mayor was not an officer of whom this court
could take sot*, he having no duties of a public shunter
totst
;medley euppoete I the rale.
Lard Campbell observed that when'the 'insignia of Maw
wen improper:, withheld, the court %rota greet a manda-
mus to hive this. given up. But, is this ease, the sfildavit
of de applies's% was defective inasmuch es it did sot show
the nature of the office. It might be tie .t the mayor bad no
pub/is duty to perform, sad War hie offs would am suffer
in its chasm or othirwisa by the witbke blies from him of
tbs insignia of offios. The rule must be discharged, bet
without wets.
Kale discharged.