The Express.
London, England, 1850-11-19 00:00:00

lath iinteltigence.
EQUITY OUUKTS.—Yzernatuy
&rm. vios.c.....une Emory Baum
AITOKWITAIMIZIAL • OITLT NOSTIMIX RAILWAY

.--flaw Taut..
Mr. Jesse Posher. Mr O'Malley, Mr. Meceitsr, and
Kr. Werllsdes armed kw a sow trial Is ea erten direeted
ZLl:sissiesert le try the right of the relaters to a landing
ea the nest Oass, at (Mord D'Arey, with which the
to were by ths illarneatiew awful with islawfally
'euchring. it wss swiss. that she reel quad= bad wee
bees tried, nor could be added swim MOIR Nil wherMMd
to the kery.
Mr. Wires sad Mr. Dineen, fat the eswpwr. were set
oiled epee.
The Vise-Chancellor directed the meths Is shad aver
11l '
ad/east had bees obtained at law, or • ride tera sew
WU', which bed beet obtained at law, eluald he seeds
absolute.
Jemmies v. Joirrsow--Tureirr sow Lies INTITLID TO
Boxy. ox POLICY.
Mr. Malin. and Mr. Kerslake eupported the petition of a
tenant for life elidulag under die iweei to be entitled to
Donner awned doe upon *ldes whirl fused put of a
leatater's estate.
Mr. Cheadle's« for parties ..Bayed Is reseinder, eon-
leaded that the bemuse meet be treated as capital, rel3iog
won " Breeder • Broader" (4 Vestry. SO), " Pine a.
Pry" (10 ifrssy, 169), " DeMey e Wainwright" (14
170•7. 4031. " Witte e. Steno" (19 Very, 365), " Word e.
Combs " (7 Stases, 634) " Pats,. Anderson " (15 Biness,
473), cad " Pr.etaii r. Melville" (16 Simons, 163).
The Vies-Chaneellor thought UN bonus« wore biome
bat that the question wet whether they were income
within the messing of the Muter'a upon', u to which his
Honour thought thus must be a reference hark to the
Muter,
The it.. stood over for the parties to endeavour to pee,
to so to save the espouse of • referent*.

Oman V,croCaairesaina Rowe
lii UM ILAITZZ OF Inn WINDINO cr Act% MID rif
Till MATT= or 1111 BOITOII. Nawaan, AM) 811IF7IBLD
lirTherAT Acr, lta roan Wawa's.
The ViooChanoellor made an order open this petition,
sdadas It to the Meow to inquire u to the second, or
odoodisiee7 of the disnoindon end windieg op, or of the

at the sp+a7•

COURT OF QUEEN'S BRNCILYIST3RDAT•
!truss rn Dents.—Berees Lau GUIFIt, Yen. Junta Cana
atone; Ith. Perim Wesneue, ass Ma. Mr= hut.
Ix an Tam SONDRILLILIND Dora C
It this can • rail old bad obthined by Mr. Marith,
mow Mr. Banos Mamas, widget raile epos the Sambre
bad Dort Conway to show sense why an award is a nth
tar of arbitratios beluga the seinpany arid Messrs. Craven
Auld so' be set aside. The feets7ef the to were thew—
It appeared that by as spumes% burin date the Rib ef
July, 1841, Medan. Craves had agreed to make a new dila
for the othpany, whisk dock was to coot IMAM
By the last clause of the agreement, width lind
been entered into between the parties, it wee giaalstedfiat
Many dispute is difference should arise, it should leis/led
by the eeptinier of the D ick Company, wboes draidea
to NI Goal. The manner is which the deck was la be pad
for was this:—The engineer woe to unity the gaudy of
work done, from tints to time, sad if work to tee amwat
of 3,000/., had been completed, then the sum of 2,7001.
should be paid en account of it, tied thu 10 per cent. was
allowed to remain is the hands of the company. Linder
the ousement before refereed to, Messrs. Craven pro-
ceeded to rescue the work in question at Swederland;
but. ultimately, in the year 1849, they received notice
from the company that they would sot be requited to pre-
load with the works any further. This notice the company
had power to sin b 7 a proviso in the agreement entered tab
between the part!... A supplemental egrtedient, however,
was entered into, by which the original agreement was mo
Timed, and the scathe to determine the contract done away
with. The date of the supplemental agreement was the 27th
September, 1849 Miners. Craven then proceeded to cou
piste the work. The upplemestal agreement provided that
a reference was to be made in respect of Mmes. Craven's
claim upon the misplay, cop to the 27th Septembee, 1849.
The reference was to be made to the seedier of the
gosspury, who was to deliver his award within
six weeks. If the rastraseats. Ileum. Craves, were sot
satiated williginech award, then they were to be at liberty to
weal to the beard of the directors of the company, sod if
the eantrathen were sot content to abide by their decision,
then they were to appeal to Wm. Ortle, Eel., the Mayor of
Suaderlaad ; ce Is can his oesiothnee could sot he obtained,
then to a We. Jeha Butt. The determinatios of either of
these two pullouts was to be anal. After the work was
finished, the uutritetors sent in their claim, which upon
being submitted to the athiqation of Mr. Murray, the cow-
pay's 'noisier, he awarded se being due to them the sun
of 4,4221., is estiafaction of all demands, and deducted the
sera of 14,7681. for certain breathes of contract, which had
bees committed by Messrs. Craven. There ware twelve ob.
jectioss which had been taken to this award by the con-
tractors. The find six were, that the arbitrator bad exceeded
his authority in ellowion certain cross claims which the com-
pany had set op; the seventh objection was, that the arbi.
teeter had allowed the demand of the contractors for work
dose after the 27th of September, when the supplemental
deed was made; another ohjaction was, that the award was
made under the original articles of agreement, whereas there
was no submission under Ste original articles.
Mr. Watson, Q C. (lir. Digby Seymour; was with him)
sow appeared on behalf of the Sunderland Dock Company,
to show cause against the rule, and contended that the
enbmiulein was by word of month, and it had bees sifted
that the arbivator should take the whole bill of Messrs.
C into eonsiderboi. Those gentlemen did net send
Ina bill only up to the 27th of September, 1849, but gent Is
their (astir. claim for the work done from the begienieg to
lb. completion of the dock. The learned counsel further
contended that the award could not to set aside, because
the agreement for the award was wholly independest of
the matters actually submitted to the arbitrator. In nip.
port of this proposition the leaned counsel referred to the
°wino of Lord ?Alen oorougb, in the ease of " Black e. MUM"
(17 Vemy. p. 419). One of the objetitionato the award warn that
it was bad, as being one end indivisible. Ti is objection he
(Mr. Watson) contended was not tenable, there teing ono
entreat governing the whole time, and all the deigns under
that contract having been sent in, and the arbitrator having
determined on (iodise what sum eras due to the ustractors.
Sir F. Thesiger, in support of the rule, contended that the
sward was bad, as lag made under the supplemental
agreement. The arbitrator bad deducted a large sum from
the amount due to Mysore. C , on account of certain
breaches of the contract which had been committed by them
is the coons of the execution of the works for which they
bad eutrested. He (Sir F. Thesiger) submitted that In so
cloths the arbitrator had 'seceded his authority, and that he
bad ao power to take any notice of themes claims of the corn•
piny, mod there was nothing in the agreement which con-
rod such a power upon him.
Mr. Atherton followed on *bonnie side.
Lord Campbell said that he thought the rule in this
to. ought to be discharged. The award passed either under
the first aereement, which was sot made a rule of court, or
under the second subsequent parol submission, which, o•
course, was not made a nil* of court. The award amused
not to be made under the second and supplemental agree-
ment, lid therefore he (Lord Campbell) thought that the
court bad no jurisdiction. He, however, gays so °Saks as
to the validity of the award, which could only be properly
decided by an action beieg brought by Meters. Craven for
the work which they had done.
The rut of their lordship ezpoised a 'Willa opinion.
Role nisi dipolar/red.
THE QUINN r. MIAMIAN AND ANOTHNR
INVoIinATION 101 AN ALLIOID LtIII.—DON PACIFICO'.
Ciel.

Th. Solicitor Otani said that he bad to apply to their
lordships on tbe put of Din Pacitco for • rule to chow cause
why • criminal ieformatios should not be filed ageism Mr
Baldwin, as proprietor, and Mr. Chapala, the printer and
publisher, of the Horsing Herald newspaper, for • libel I
which appeared upon Dm Peaks la that paper ea the ISth
of Much last. He (the lioliciter•Geseral) woad aphis
why the prount applisatima lad at brim made before this
time. Dos Puska had boa eased, to measiquace of
distubanose which bed eates.d mai disoessioa at the time,
to lave Athens, and tas taw as board her Majesty's
ship Wettest*. Se was afterwards landed at Mahe, and
whilst then be woe attached whit the cholera, kept there by
anions illness, and dki met arrive in Baked until August
last, to, wee he made aware of the libel sail alter be
landed in England eabaequently to the Bth of August.
The application was eat made eatlier is this kris by reran
of his (the Bolicitcr.Oesera's) indispositioa. This matter
area at of that, which was a topic of so much discussion—
the inteeferesee of her Majesty's govsremeat is Grieco; sad
if the 11111 Wei o mplained of had related only to matters of
rafts mmaieratica, it would near have recurred to Don
Failise is tumble tkle east with it.
Lea Camelia—What is the date of the artiek
The &Salta Oeserat—The 13th of Marsh, is this yew,
my tor. The smith was as attack era the private °ha•
rester end thassetie crews. of Don Paella% emi
to be as arra ram a anvespondent at Anson gird::
the tune epos path. roars it weal ea te ray:
Palaciallea's principle, that to Mire *IND Wier
may be Man into one's owe toads, withal eases
having • right to Interfere may be ',pasha Wass
nations of egad yacht ; as, if ea Westin an be imposed
by fora, It out as be recr Bat whoa es
powerful a macs is rides ape
denunding to,. a astir IS here se Oran the
Irma= of kit wrap, this, warp Arid fat lie
weighed la the bermes of the eldetest Anise, at the
risk of hicarriag tho seas Sasser ea Or of one win k-
arts, without r aeon, • wean or a &fl. And to peeve be
you that Lord Paleareilem, leshr Mc tea • as Mewed& the
speracle of the Beilkh Sea Ideskrakti Omer id 1k of
pace—before having thrown ea the Bear aation the re-
bility of ea intrailled akrr N piesicAad not sail-
eisntly stamina whether justice we. es Me tide, I eta far-
nigh you with seweral yew aad sedisrle Ardis ea his two
reelemeAka The Jew Peram, hire his treatda
1.01 bathrepem at Ceareathsegie "—Zs (the Solkdtor•
Omani am be dived M no rat Dee Pashto never
vies at anew INS hetelecat, sad never owed
ray sun a shMlea rat hop was ate is a condition
a pay. "Thu row Paries, beam hie fraadieleat
Nealureptey at Constaetineple, alaphdir his esasahatip
to Omer. told a Ire ie a Oa '
dap oessaite Des Feb., ea his wee la Oa'
eta
to osy that be meld step there, each having
re lord, sad ishea rear seed, was mask
gm,. OEM Shilrillide M as, sodne hem emir with •MI hst
isot Ms easel, Ise mid et Ids rein hie
Dona Pedro, awn trlgris"a7 te
irks,
old hilt=
nit is the risktaber." He Ms
ammo lord Mete that Don Pillar sever Issol buy
anig risme,td Pedriae new odd the !AL. end'
arm low Dm kb PM *di Via IF MON%
. .