The Express.
London, England, 1857-05-09 00:00:00

EXII/ESS, 'SATURDAY EVENING, MAY 9, 1957.

•' • Lab findltput.

EQUITY COURTS.—MAT 8.
(Moro tlao Lords Imams of Appeal.)

CLAIIEII P. TII• 10TAL PAOOOTK'OIII.
Thia wu an appeal from an order of Vice-Chancellor We-
deerkty, whereby he had dissolved an injunction restraiaing
• nwirtgagee from selling the building and *at of the Royal
Poneopticon:
The MOO was puny argued yellowy*, sed en its being
again celled on to-day,
Mr. Stifle, for the meet , enatmawed that dace peeler-
dars t, thet
meter. ta,divpute had been sr-
Their thoomapos ordeeed the cue to be tam
est of !lupus.
Mr. Ranh Q.C., Mr.C. Hal!, Mr. Rewlinnos, Mr. Glue,
Q.C., Mr. Bee* sad Mr. Terrell mho appeared for dif-
ferent peaks to the litigation.

disarmed • simple mode of preventing this which was by
applying • test of varniali to the iron proviw. to putt*
on the &ghats, wad this invention was the actoflde
patent. On the 27th of April he discovered that the delaie
dance were applying his invention in the ably Philosopher,
whieh they were building.
Toe Vice-Chancellor made an order, the datandente not
orpwlag an inspection of the eldp Philoaopher, that an
insowtion should take place, the defendants undortaking
that the ship should not nil before Wednesday neat, nor to
stow sway the nrgo as to prevent the inspection, and the
plaint undertaking to abide by any order the court may
toshein nerd of any low ronseqeseni opus the ine.pretion.
Mr Cainwand Mr. Gilled amused for the plaintiff ; Mr.
Le• Dashit, Mr. F. 8.121,- and Mr. ElislopCiarke,
fur thlaihrinig.
Man

5-Chasm'kr Sir Jam Stout)
■►ML COIIISOILATION P. CALSOR.

Mr. lama and Mr. Driatowo appered in support of a
deafens to the bill in this epee for want of equity. It
pie= that Mama hewed sod Cairo., iserehants at
net a nesel to Mears. Syre mil Co. to
Lookensed illO bille of ban, deli adorned,
with thehrnalli et the jliYil beak at Wedeln sadiew
bills of eadrage ea Mem flyers sad Oa, rod raid Woe
bills with the pielaillb apes a hoar bypeibrailla fa
1866, wheeby they salhedeid the Wit, la tendasis* la
acespleaft or pelmet of lie lON to sell the ear
Aped eat pay the amenet be hums due to the=, and
the blocs wee to be plead as the waft ef Mema await
eel Oalroge other aseepleteles seat Oak dirgeml. Mama
arise sad Co. ilborwards hamar lis
meld Ihs gabs seashgrd sad yid thebeakeapt, baba= doe Seeseyemmilea them-
rod the ankle= awl Mom fllewart sad slaw
ieth the harem The beak sefassd to ley either .1
the stannous without authority for acs Mae ; Maws.
berme ant Caro. brought their taloa dlaw for the
'balsam "gable the bank. Under these efreamerinceis the
breigit their bill of interpkoder against Mr. Cal-
mer, the repro of the bankrupts, Meer% Byers and Co.,
rod Mr. [twat, who wee out of the juriedistion. The pre-
Nat besrlugwas upon the denture's. of the defiedaat Calrow.
On Me lobar it was argued that the mitred created by the
lathe of 186 i crested on immediate piety between the
pie sad Stesnut and Calmar which took away the right
to banked Crawshay v. Tho;ntrit.
~(7 Bin 400, and
that es prow remedy, if any, we by Weepier*, at law.
Mr. Ma* Mr. Erskine, and Mr. Tyndel, were for the
sel Mr. Wlgram and Mr. Oidiird were for the
The Viral= on the ekes of the argument for the
ilesamer, Aker dein the facts of the cue es detailed by
the bit sold the facts .laud made it impoesible for the da-
bay that the signore were excluded from all
rlgYlthe goods pledged ; but there was a complete privity
of. anitast between all the defendants, and the engines
weenie Menagers to the right by which the property was
held bp the plelatith, and ha thought that the preens was •
ease dos beterpleader. It had been attempted to support the
datosmor by a reforeuxe to the Interpleader Act of 1 end 2
We. IV., e. 68 ; that act coaferred • right to entertain en
larepliader emotion in courts of comae. law, but it by no
mere altered the jurisdiction of this comet to entertain such
mita The demurrer must be overruled, with coats.
Mr. Melina then applied for leave to pay into court the
balance in the hands of the plaintiffs of 1,6861., and that
thereupon the action at law might te stayed.
' The order wee made, and Mr. Melbas and the bank would
wake all claim for coots sad pay the Wince in their handa
intact into court. All that the bank vented we protectioa.

Mr. NAM and Mr. CrsoloaelAed In support of a
Mined motion on behalf el the asking that the
derriesta, who ere ben arniaelessm reCradley Chain
and
Mir be irerrered by Injunction
team rebore assailing in Ohs patented
Ineerre sera sad also tram sides tbe &stirs
trade sari et" Patent" mea my whore. The
Mama in septet of the motion was not amplote. and they
therallase DOW steed only for an order Prindaing the de
drub ire( the mirk Treirma's Patent" to
W ma= mrallarseel by rim aril the seation welting
re Mb* binaries mil be dimmer at FCC this se
dry read seldom le show that the ielbrirts had soused
the plaintiff's nets.
Yr. Itenehawe abided that the one MI boson red,
but ineired that It eraser a trade mar, Immesh as re
plaintiff did not himself arry on try bei grated
homer to permits who et el Its sal that the nem
was used merely to Ids& ef anchor,
the patent for wEkh = ratable peas be bad.
The Vire•CherioaDor amid the pulioir posamion
of a patent unimpserbed, was mired a, the use of
hie name till the mar esdi Is idly alsemed.

BAIL COURT.—MAT 8.
(Bitthegs ie Brace.—Before Mr. Jostke Coliridge.)
errroeee V.

Ills Lordship delivered judgment In this case, which was
argued an Thane:lay. It was • rule to set aside an award.
The meads relied as were, that the arbitrator had not
sworn the witnesses, Ned that be had been gwity of general
misconduct. As to the tint ground, his lordip was of
epinton that under the order of reference, which was in the
vital form, the arbitrator bad not power to administer an
oath, sad as to the damps of ratemeduct, they were fully
negatived by the affidavit; the rale would, therefore, be di.-
charged, and, in consequence of the gems imputation made
against the arbitrator, with costs.
Rule discharged, with costs.

•
to dme. Hem the plaintiff, instead of receiving from ihe
defendant the contribution which the defendant wee bound
to pay, pa.'d it for him as advances. An advance made by
ampullae not to the concern itself, but to the other partner
in respect of that which that other partner was bound to
contribute, was emoething dehors rho partnership, and
tberekre the court OM give effect to what justice demanded
in this ease, by ruling that the plaintiff was entitled to recover.
Rule dieclusr,u,

COURT OF EXCHEQUER.-XAT 8.
(Sadism be Banco —Before Lord Mkt Baron Pollock mad
Barons (Martin, Bramwell, aad Channel.)

ANNA/ ADD OTNIDD/ T. ItICILAIWO AND
POADION ULLA OF NICHANON.

This wee an settee which wag tried before Mr. Justice
Crowder at Olommeter, by the plaintiffs es 'adman of a
foreign bill of ezehange. The defendant was sued we the
indorser, and pleaded that the !AU hod not been duly pre-
sented for &reptant,: that it hnd been dishonoured, and art
be had not bad due =tire of such dishonour. At the triahlie
plaintiffs produced the hill, which wee umtanued when it
wee submitted by the .easel fur the defendant, that ea It
was unahamped it eouM not be rived in evidence. Thie
objeetion was submitted Mr by the mused for the plaintiffs,
whim called up= for an answer by the lammed judge, and
• nanatit was entered. On a eabsequent day • rule
OW • new trial was granted ea the grund that as the bill
was • foreign ens it did nut require • Um*, and that, it it
did, the production of it was nmasesseary to support either
of the Motes. The question rested on the construction of the
new Stamp Art, 17 and 18 Vie., rap. 83, which eubjects
lkweign bills of exchange to the 'tulip duties, and enacts that
adhesive stamps shall be annexed to all such bills and can-
celled before the bills are prevented for payment, or endoned,
transferred, or negotiated in any manner. One of the de-
fendant., tita captain of • versel, drew this bill for repairs at
Quebec on his panelled in favour of the correspondent
of tha plaintiffs, and it was mode paysbte in London.
The bill wee then indorsed in Quebec to the aforesaid cor-
respondent, who forwarded it to the plaintiff.. The bill was
in due course presented for acceptance, but it wu dis-
honoured, as the principal had failed, and on the arrival of
the defendent at Gloucester he was sued.

Mr. Powell new showed came and contended that the
plabitifts were, under these circumstances, bound to pro-
ince the bill at the trial, under the plea denying that it was
duly presented for acceptance; that it required. stamp, as it
was • foreign bill, which roust be taken to have been indorsed
and negotiated in England. Even if it should be held that
the indorsement should have taken phone abroad, it was con-
tended that • stamp should have been attached to it on its
arrival and before it was presented for acceptance, as it was
indorsed to a party in England. It was ease contended that
the decision of the judge was final; that as the nonsuit had
been voluntarily submitted to by the plaintiffs the court could
not now reverie it, and also that in such a case the rule
could only ho made absolute on payment of costs.
Mr. Keating and Mr. Gray appeared in support of the
rule, but were not called upon to argue the ease.
The Court were unanimously of opinion that the points
raised could not he sustained, except that which raised the
question whether under the pleadings the plaintiffs were
called upon to produce the bill. The bill did not require •
stamp, as it was neither indoreed, transferred, negotianal, or
presentedfor payment in England. It might be, that when
hang the stamp duty en foreign bills for the first time, the
Chancellor of the Exchequer confined that liability to
that period in their existence when they had the
character of perfect instruments; until • foreign bill
was accepted in England, it was but an incubate
instrument, and until some act was done in England in refer-
ence to it which would constitute it an English contract, it
did not require any stamp. The nonsuit was wrong. It was
further urged that the rule ought to bo discharged, on the
ground that the decision of the learned judge was final en
the question raised ea to the stamp under the Common Law
Procedure Aet, but that objection had nn foundation et all.
In submitting to that ruling, the alternative of a nonsuit did
not deprive the plaintiffs of the right to dispute that ruling.
It was not a herdship on the defendant that a new trial
should take place, but rather one of which the plaintiffs
might comp[aiu, as the neesmity for a new trial arose from
the inglorious though untenable objections of the defendants'
counsel. The general rule must prevail in this as in all roses
in which the error was that of the judge—namely, that no
costa should be given to either side.
Rule absolute.

COURT OF BANKRUPTCY.—MAT 8.
(Beim Mr. Cominimioner Fine.)

The bankrupt was en oil and drug-merchant of Cullum-
skeet This was the examination meeting. The accounts
prepared by Maws. Peal and Turner, extended over three
yftte prior to the failure, and showed debts, 1,917/., with
liabilitke of 2001. The wart. were inconsiderable. On mien
to the amount of 160,0761. the bankrupt had made a profit of
3,4841. ; but this was more than counterbalanced by lower
wising from bad debts of 3,9591. end 2,9681. expense*.
The bankrupt pawed unopposed.

IN WI

C

This .ee the examination meeting in the cue of John
Marshall, tending es a tool-merchant under the above title,
and having depots at Heading, end ell the prinripM stations
on the Groat Western Railway. The accounts not having
been sled, an adjournment became nervessry. Mr. Maynard
is engaged in the preparation of the accounte. The liabilities
ere stated at about 25,000!. ; ameba estimated at 8,0001., sub-
meet to the realisation of the property.
An adjournment was ordered.

INSOLVENT DEBTORS COURT.—MAT 8.
(Baton Mr. Comobatons, Murphy.)

As Insolvent applied for Vall Wad; peculiar circumstances.
Ha bed petitioned the court under the Protection Act
gest envier, ago, and Ma ease was adjourned front time
to tiros. He hied settled with some of his creditors, and un-
derlined that YAW taken the bloat of the ext. He had,
it appeeeel. net bees sworn to hie schedule, and on being
arreetelier debts he had renewed,' question aro boas to the
cowls Ie punned. The now debts could no inserted
in the hether wthedule, nor whilst there was an existing pro-
tection pales could the old debts be Inserted in a ethedole
under the Prehiction Act. It wee reoolthd to obtain=
tearing seder far the old debts, and to Ole a new p
pier the ether jurisdiction. The new petition had bees
=ad the baolvent now attended to put in toil, having
Ide protecting order under the other system whilst
I In piss an lika liabilities
Mr. Chembeaster Murphy accepted the prepaid sureties,
end the dintlarge was ordered till the hearing.

(ado* the Chief Commislicar.)
IN 111 PIANOS TMILON,

This insolvent, a carpenter, was opposed by Mr. Wheeler,
a builder, him landlord. Mr. Dowse supported
Just before a quarter'. rent became due the Insolvent left
the hone., and when sued In the County Court he came to
this court for protection.
The Court intimated that as the neat occasion there
would be supenaion of the protection.

HANCELLOR'S COURT.
OXFORD, Ma 8.

Two cases were heard et this court to-day bake, the Vies-
Chancellor (the Rev. Dr. Williams) against the Sari of
Coventry, an under graduate member of Christ Church Col-
jetlistheag.eintins beuz H. 7.3 d :=o:olfactioners,
Le ova-sued his lordship Rat debt of 401. odd, donne' a.
previous term, and the case was several times postponed, but
now came on again for hearing. Ilia lordship was unrepe-
seated.

Pottinger, on behalf of La Grand, applied for • ver-
dict, but the Vice-Chancellor wished that the case should
stand over until the next court day, in order to give him an
opportunity of consulting the &weeper of the court (Dr.
Kenyon), as he thought the debt wee for articles supplied
contrary to the statutes of the University .
The claim of Burrin was one of 2/. as. 4d. for services
rendered as an umpire and expenses incurred on the occasion
of a two day.' match played between the Oxford Harlequins
and the Moreton-in-the-Alarsh Cricket Club, last June. His
lordship was a member of the latter club and bad engaged
Burrin professionally.
Mr. Pottinger, on behalf of Burrin, premed fora verdii t
as the case had been several times postponed, and contended
that it would be a hardship to his client, now that the fine
weather had set in, if it were further delayed.
The Vim-Chancellor gave a verdict for the immediate pay-
ment of the debt and Costa.

IRISH CHANCERY APPEAL COURT.
In this court on Thursday an appeal was heard from an
order of the Master of the Rolls refusing to give to the peti-
tioner, Me,. Cornwall, the posmealon and care other children,
two females, one three years and live months, and the
ether two years three months, and directing that they
should remain, in accordance with the will of their father,
under the control of the testamentary guardian. It ap-
peared that the father, who was a protestant entertaining
very strong feelings against the catholic relit:LT, died in
November, 184 and directed positively by • will that
every precaution should be taken to keep the children from
the hands of their mother, in order, as he expressed it, that
they might be probaked from "Popery' she being a
catholic. Ile sprintedhis brother-in-law, Mr. W. French,
their gyardianoequerift that Mrs. French would adopt them.
Theerissed be the pMhfine relied mainly upon an act of the
3rd sad 4th el Wen IV, providing fur the committing to the
seem et ABMs drab an until they bad attained the age
damn rem, ohm la certain eves* an ladar particular
deametssess, sack se whore then wee ow horned=ypm
tits obsrsenee er conduct of the tarehar. It wee eaagaded
that ft was the duty of the court, the. beisig is
ties at lbs. Cornwall, to give bra tie eon lute
tmeffl at least, they' attained the jog at ism
alriarraustiouCornwallto hadammsw.ornt
thein lemviierraebe Not k
canoed kolkood, sad that the inteoded te
proteeteat govern= to instruct than. It
that ea ems occasion, in the rem poruy obis* of hair:
eheericri we el the children to be hwUrod by a =thole
clergyman, Ind* when the father beiseil, It caused Ma Is
be garter excited, and to exact frame he a pewshe Net than
wcerld never make s similar attempt ebb esonet the Mir
tidy. In reply to this, it wee *del he Ilas Ocatvers

affidavit that her ohject in this was to secure the salvation of
the child, se, aeconling to the tench' of her church, beptivm
' wee '
was i
nn be ptisedndispensabl . e for *ideation, and at the time the efaild
The court diamiised the appeal, but without costa, stating
that they could not give the custody of the children to the
mother with confidence that their faith would not be inter_
fend with. The Lord Chancellor observed that, if the tette-
mentary guardian thought fit to place the children with the
mother, he would be very glad to woe them given to one that
dhould Le regarded as their natural protector. It wee
irected that all reasonable acres. to the children should be
granted to Mrs. Cornwall. --Frerman'a Journal.