The Express.
London, England, 1850-04-23 00:00:00

Lib) intelligence.

EQUITY COURTS.—YEsTERDAy.
Hunts Tilt TrIXTIAJWILLOI Or i•ouors.
REXECILE V ALLEN.-ISJIACCTIOR TO RESTRAIN THE
PIRACY OP' A REGISTERED DEMON.

Mr. Bothell and Mr Daniel applied for an injunction on
behalf of Megan. Benecke az.d Company, relies printers at
Menchcrer, to restrain the defendants, Messrs. Allen and
Company, also calico printers of Manchester, from selling
any calico printed with adi sign in imitation of a design
which had been registered by the plaintiffs under the late
act of Parliament. Several pieces of chintz having been
handed up to the court for comparison, the Vice.Cltazttellor
granted the injunction.

novas Vca-Ciamecuixon Woman.
Tun Arronsag-Oaxanax g. COOPLll—DExtraasa.
This was an informatim at the relation of the late minis-
ter and two of the members of the congregational church or
chapel of protestant di wenters in William-street, Windsor.
The relators also sued as plaintiffs on behalf of themselves
std all other the members of the church except the
defendant*, who were the trustees of the funds of the con-
gregation, and a deacon, who had been in receipt of
the rent kr pews. The bill complained that the plaintiff,
the late minister, had been improperly removed from his
office by the defendants, the trustees, and it payed
that he might bs reins' ated theetin, and that
new trusters might be appointed in lieu of the
defendants. It also prayed that the surplus fund (after pay-
ment of certain expense.) arising from the income of a be-
glint for the benefit of the congregation, and from pew-rent
recaived by the defer-dant, the deacon, might be paid te the
plaintiff u resident minister. This relief wag sought on the
ground that the bequest in question had been made by a
former member of the eongreeation upon the trust of the
original deed of endowment of the chapel, by which it wee
provided that the income to arise from the trust fund, and
from the rent of pews, which the &scone were thereby
empowered to let, should, after deducting cer-
tain expenses, be paid to the resident minister
for the time being. To this bill the defendants
demurred first for want of equity on the ground that an in-
terest had been /emend by the foundation deed to the
aranton, and that the trusts of the deed were therefore in-
valid under the *attain act; secondly, for multifarious-
late, on the ground that the rellef prayed against the deacon
was uncnoneved with tlret sskei against the trustees.
Mr. Wood (vcith whom was Mr. Ellie) had not concluded
the argument f& the demurrer at the rising of the court.

COURT OF QUEEN'S BENCH.-TESTERDAT.

tirmitua IN Hawn.
LIFRVKII a. CIII•PPILL.
TAG arae an twilit teed at the sittings at Guildhall before
11-. 'settee Coleridge. The jury I. and for the defendant.
Mr. 8 rj, at finer now atonal fur a rule to show cause
why the verdict should not be set aside ow the ground of
=Wit, tuios. Tnr action was far false representation. The
declaration misted that • certain opera culled the " Prophet "
w.e to be pertoroted on a certain day, in the Hopi Iselin
Opera, Ct,vent.strden; that the plaintiff was desirous of
assuring for himself each, oozes and stalls u were in
the market to. that night, wilt • view to minims a
profit by dwpoaing of them, he belay, In that on, the may
party from whom they could be penned ; that the dorma-
nt (steely and chceittolly 14 preowned loneelf to be the ma-
nager of the »pare, having the pewee of dismiss of the
be and stalls; that the Qll4llll WM 11111 be runt as the
W occasion In nta' ; that Moue and 14W erhldt had
beam let by the defend tootthe Sakti. ware all the beam
sad stale that were then in the tatebety and that, by those
false repreentatione, the plating, had bon Ilidased to sahs
settala stalls and beam from the dallattlagliffhentry he
had lasieles4 lead It appeared get al woe a

ecninission agent, nudist at Boulogne ; sad that, having
witnessed the mosso of the open is question in Pais,
he was: desires* of sentring all tha stale sad bens fa the
mikes, saticipatin meal neon for it la London. He
aciErdlagly wrute to a iir. Marchand, requiring him to wait
epos be manager, sad to engage aL the b..xise and stalls
which were available for one or mon nights. Manisa
waited apes the defendant, who was a music Wier, se& •
partner ia the am of Cramer sad Beale, Ilipmennliest,
sad who was a eateselhor in • number of bones and stile
for the NOM It Wes Fond skit Chappell had roansamlsd
himself as swam to Nagaland, sad that Maniand was
induced to neat with him es web.
Mr. Justice Coleridge—Tore was enflinlng evidence on
that petit. One where proved this Chappell, on being
irked Like was manager, said " No," but that Oye was the
manager.
Mr. Berjeont ghee observed that it wee also proved that,
on a subsequest day, the defendant called upon Marehead
and represented himself as manger, showing himself Mtn
unions to have the bargain completed. Tile ground on
which he now moved sae, that the learned judge had sent.
retied **jury in stating to then that, If the defendant did
sake the representation that he was manager, the question
for them to consider was, whether he wee not manager in
the sane in which it was material for his to be so for the
purposes of this contract.
Mr. Justice Coleridge—The question was, was he manager,
not nominally of the house, but as regarded the boxes and
stalls, which he himself bad to let. The object of the plain
tiff was to obtain a monopoly of the boxes and stalls for the
night in question, and in point of fact, he obtained that mo-
aopoly.
Mr. Berjeant She. contended that the evidence was eta-
dent to show that a fraud in law had been committed on the
plaintiff, and that oa that ground he was entitled to a rale.
The court took Lamb eonaider.

Tammy)! v. NT..

This was an action tried at Kierston, before Lord Chief
.7i/idea Wylde. Thera was a verdict for the plaintiff, with
&ware, ca. The action wes for slander, the slander
eharguig the plaintiff with • disgusting and unnatural
offense.

now moved for a rule to show taps why there
should not be a new trial, cm the poood of the improper
rejection of evidence. At the trial he had proposed to ask one
of the witnseses a question as to the primal character of the
That
in regard to the peso:titres of which he was charged.
That vostions Its had proposed to pt, simply in mitigation
of damages. Hs was not, however, permitted to do so, and
he now moved for a new bkl, on the ground that the evi-
dence should have beer received.—Bodo greeted.
haw WAIN'S COUNSIL.
•

-- - ---- -.......--.
Mr. .7. P. Grainger presented himself, and wu admitted,
with the weal formalities, within the bar, as Queen's
enamel.

BAIL COURT.—YerrnDAT.
Biro's Mc 'MKS eats.

TN THE MATTI' 07 THE TOWN COENCIL Or HALIFAX.-

CEITIOHARI.
Sir F. Thesiger moved for a certiorari, to bring up an
order of the Town Council of Halifax, made by the Finance
Committee, for the payment of 984 15m. to a Mr. Way ,bell
the town clerk of the borough, in respect of profemional
charges made by him on the ground that these chargesought
to be included in his salary of 25W. a I ear. The charges I
were Rude for warrants sad prooeedings in levying a
borough rate under the principal corporation set, by which
a power was given to the council to maks such rut*, and to
levy by distress on the townships and pmishes supporting
their poor their proportions. By that act there was no pm-
vision for the parishes raising such rate. By 7W. IV. & 1
Vic., c. 81, the council were empowered to order rhumb-
wardens and overseers of parishes to pay the amount
for which they were liable eat of the poor rate, or
else to levy a pound rate. This was, therefore, a
eulanitution of the mode previously adopted for levying the
I rate by a simpler form than that need in the levying a
e nasty rate. There was also a provision for levying by
distress if the parishes did not pay. In 1849 a rate wee
made on the township of Halifax, and much disettasion took
place ea to its regularity, and Mr.;Waybell, town-clerk, who
acted in the matter, took counsel's opinion, and so on. The
rate, however, wee abandoned, and a new order made on the
township by the town-council to (pay its proportion, and
warrants were issued to levy by distress. It was, therefore,
clear that the pruceedlngs adopted by Mr. Way bell were all
futile, and led to no remelt, besides which the council had
no pager to order the, payment of the sum in question, as
the remuneration for inch business was included iu his salary.
Rule granted.

COURT OF EXCHEQUER—YeaTERDAT.
Simms z. &woo.
New Queen's Covent.
-

In the course of the day Mr. Grainger wu invited to take
his seat within the bar, " ben Majesty having been pleased to
appoint him Gas of her counsel, learned in the law."
ADAMS v. GIBBA —Baiacn OF PHONIER OF MARRIAGE.
This was an action for breach of premise or ' ge
tried at the laet assizes at Maidstone, before Sir Thomas
Wilde, C. J. Verdict for the plaintiff, with 8001. damages.
Mr. &vivant Shee now moved for • rule calling on
the plaintiff to show cause why that verdict should not
be set aside and for a new trial, on the grounds
of misdirection, and that the damages were excessive. The
defendant pleaded amongst other pleas, a justification, which
alleged that the plaintiff was afflicted with a certain incura-
ble disease called consumption, which inespseitei her for
the d'acharge of the duties of a wife, or rendering that com-
fort and ant.tanca to which a husband was entitled. The
plair.tilf, who was about twenty-four years of age, was the
daughter of • farmer is the county of Keut, and the de
fondant was also a farmer and he p grower in the same
neighbourhood. The promias to marry was made early
in September 1849, and the 16th of the ensuing Decem-
ber was fixed for the marriage. On the 14th of that
month a breakfast was ordered by the defendant
at ?durley's Rotel for the friends of both par.
.ies who bad been Invited, but in the interval
he left the county without giving the slightest no
lice to any one, went to America, and did not return !Cr six
months After some explanation on the subject, the action
was commenced in December, 1849. The misdirection cc's.
plained of was, that the learned judge had withdrawn the
plea of jusuficatioa from the consideration of the jury, on the
ground t tat it was not made out. The evidence in support
aide plea was that in the autumn of 181 G the plaintiff's
family consulted Dr. Taylor, an eminent physician at Maid-
stone, as to her state of health, and, as consumption was sp.
pre heeded, the young lady was recommended to go to
Hastings, whets she continued under the care of Dr.
Sentry until May, 1947. After her return home
she continued in a very delicate state of health.
She was ordered sod liver oil, sad other remedies usually
preserib-d fur penises in consumption, and was tor a long
p.riod wide r medical treatment. Dr. Joy and Dr.Wation, of
Heeriuta-strut, Cavendish-equare, were ale.) consulted about
her, but, although Dr. Taylor and Dr. Joy were in 'tune:-
etre at the trial, neither was called. Dr. Savory was the
only medical witness examined, and he was of opinion that
the plaintiff's disease was of a nervous character and not
cansemption.
Mr. Baron Puke—The onus of proving that the plaintiff
was affected by this " incurable ditease " was upon the
defendant, then why did Jou not call those medical men
ruder whose care she had been ?
Mr. Serjeant Shoe said they naturally abstained from com-
municating in any way with th• defendant, and it was not
thought prudent to call them. The plaintiff's father, who
gave nis evidence with great candour and fairness, said that
teen of his daughters had died of consumption at the ages of
20 and 22, and he had • son who, at 16 years of age, was
similarly affected. The young lad died of an accident on
board ship, having gene abroad, under medical advice, in the
hope that a warm cirmate would be of service to him. It
was then contended that there was evidence to go to the
jury, and that the learned judge had fallen into an error by
withdrawing the plea from their consideration.
Mr. Berea Parke—lf a man can get oat of a contract in
that way, it would bat very difficult to maintain an action of
this cart.

Mr. &leant Sloe said that might be no very great disad-
vantage, (or ft was well known half the promises of inarri•
age that were made ought to be broken. (Laughter.) The
defendant was old enough to be the plaintiff's fatter. He
knew there might be several children, and when he dis-
covered she Ina consumptive, he acted the part of a strictly
couscientious man in breaking off a marriage which in all
probability wool I entail the greatest afflictions upcn their
children and all panics.
Mr. Baron Farke—lt might be ',id, on that principle,
that the discovery of a woman's bad temper justified the
breach of a contract to many.
Mr. Smjcant She, contended there was an implied con
tract that the parties were In a condition to perform the
respective dames taken upon themselves. Consumption was
hereditary, and he apprehended the interests of the issue of
a marriage were to be coasiebered. It was mom difficult to
prove the niatenos of oonsumption.
The Court were of opinion that the evidence in support of
the plea was insufficient, and that then was no misdirection.
The learned counsel then enhealtted that the damages were
escsesive. There wee nothing to show that the defendant
Waa possessed of mash property. The &squashier, wee a
short one, There was very little courtship and no sense-
poodence or broken hearts. (Laugh et.) What dump
could a young lady of 24 sustain. land. r each eirolllllltaallea,
in not marrying an adman of 50 ? (fauchter
Sir F. P.Alock, C.B.—lt mat be all ve re well for you,
brother Shim who are under 60, to say that. (Lattotee.)
Mr. Baron Rolfe 'eked whither the learned judge who
tried the cause referred to the plea as aggravating the
damages ?
Mr. Bstjestit "Shoe said not; but the learned judge, in
naming up, had adopted, to a great extent, the tuna-
tins made on behalf of the defendant.

After some further diwaselon, the learned coattail laid if
the damages had bi en 6001. the defendant woald not object
to t►em at all; but the lea awarded wee, under all the
cireenstanose.

TIN mat Could not me how they Gould MUTTS the
domain lime was an old man who asked a young woman to
marry him—aba eassintad. The day for the marriage was
died and all this arraggameata made, when withatt patios
to any penult, he thought prop./ to go off to America lad
rends away fur aim months. Then when the action was
brought he pleaded a jusuffoation, which was very likely to
damage the plaintiff moat ingsmily. The jnry had all the
faits heron them and they kgmeff spinet the drfaadaat. Mow
could the court measure this ammo soder soak dream.
mason. They would. howevar_i OMNI, Chiellustieo Wilde
Wore theyJac judgment. Thg rik should be refused on
tko mom( raellon
intunroa, M.P., a BanDartmr.— A.l.Lneinn Lyn—
n', NATIONAL LAND C
lasjoist Wilkins samed, as behalf ef Sa•
Mg ■ sem trial in thk um, but had dos sossladsd hi mobs
whoa do MA was adjeasassL,