The Express.
London, England, 1861-05-27 00:00:00

4141 u *nttiligenct.

lINTROPOLITAN COUNTY COURTS.
SUISAII SATs sppsintel lis.th• 'moat yak.
Wimisiumus, St. IlsrUes.lsow—Tops4Bl7, MsY Sla Thai.
"111,0,,"Nntwr.—Wednesday, yids : Tusrsdikr 30: Trlday 51.
MAMMON% Maryloboasioad.—lldnelm 1114 Wiftei-
da=iday. 31.
/131.. Miimousalileims—Muesdayo Wallow
dazaUcrLdisy 31.
,Ql44Assativad.—pletday, Mi
Ho7.7Yargeld•road.-t=ay3l.
WIMIONA.V.L. Croatta.--Tasaday, %Os: Thar&
44,14,0rk ?Mat 31.
Ina; earasateaat, Beetugll. Woodard May 511:
Munk,. 31.
LUIDA-TIO, Quabsrwall Kow.road.—Tuelday, 11V 2s.
WILNUSWORTII, Suutb.street —Thursday, May SO.
(ITT ur L03D03, Guildhall buildings. Theaday, Mil t 8!
itMay, M.

EQUITY COURTS.-r-MAY 25.
(Before the Iced Chainsnor.)
THE ECCLESIASTICAL CONNISSIONSIte S. THE VESTET Op
CLEHLESISTLL.
This was an appeal ben Nies-Chancellor Stuart. The •
matter came before—the court below on a motion for a decree
praying that the defendants, the vestry of St. John and St.
James, Clerken well, might be restrained from pulling down
or damaging a church or the channel thereof. or any part ad
the non respectively. erected, and from obstructor',
loin:ding, or ioterfe with the erection thereof.
The plaintiffs were the Lind Ccimmusioners, aid
the Rev. A. L. Courtenay, incumbent ,at the Antrum
in which the church io question was to be erected. It yth
by the bill that the parish of Clearla=l:
y provided with church •
mathans had been taken in 1853 with a view to procuring
the erection of • oew church, and in July or August, I&Iq
a plan and description of the proposed site to Penton-street,
Pentonville, and of • church to be erected thereon, I
was approved by the Ecclesiastical Commissioners, to
whom the said site awl the freehold thereof the
duly conveyed. The plan of the edifies was approved of ,
by many of the inhebitante of the district, and in particular
by several persons living in the vicinity of the site on whieb
it was to he enrted. The accessary tithe were raised by
fa.te from several public bodies lied by private sullacrip-
The building war proceeded with, and • substantial
brick. and stone edifice reared to the height of about Ave
feet above the level of the ground, when the defendants,
=1; 'that the chancel wall projected beyond the
line of buildings he Penton•rtreet, aid
'sauteing to act under the 143rd 'Aetna of the Metropolis
Local Management Act, which provides that the buithld4
to a street shall preserve a strictly mathematical line,
stipule pull down the wall in question. It was coo '
for the pleintiffe that the plaintiffs were acting to the nor-
' the of statutory powers which were not repealed by the
Local Management Act ; and in the 90th section of the and
I of those sets, all duties and powers relating to affairs of
the chinch trete excepted. The defendants urged that
churches were Included in the word "buildings," and the
powers given to the Ecclesiastical Commissionary to build
on such plus as ilhey thought lit, gave them no
more than-the rights el private owners, and they mutt bond
'abject to all laws maned for public rafety and uniformity
of streets, he. The Vles-Chaseellor held that the erection
of a church is an affair of the church within the exception
of the Metropolis Local thaagerneot Act, and granted a
c=tarl injunction as prayed. The present appeal wu then
Mr. Malins, Mr. Woodroofe, anB Yr. Lindley, far tits
plaintiff, supported the decree • Yr. Banns and Mr. Rudy
were for the appeal.
The Lord Chancellor gave judgment, allowing the appeal,
on the ground that the plaintiffs were prohibited doing what
they proposed by the statute of the 14 Geo. 111., cap. 85 ;
which statute had never been repealed. He enameled his
ncetat being compelled to come to this conclusion.

(Before Vice.C6eucellorSir IL. T. Binds/sky.)

110011 v. N3AYIIIIIII.

This suit me or fur further Minsideration es Weduen.
ay last, sad the only question wee whether the eament of
a married women wee seesessiryt
It appeared that under the will of a lady, aimed Lucia,
a Mn. Whitehead was entitled te • Mew of 7001. to hex
separate 11•14 aed in providing for the ykyresst of that sum
to her it was propneed that it should he paid to her epos
her separate reeemt, her husband eonseetty ; but his
Honour considered that such a made would in fact be •
=t to the ltesband. and required bat comet to be
court.
14. Daily, Mr. Cole, Mr. F. Wilford, Mr. Lloyd, jun.,
and Wickets appeased far the emend Faiths.
The Vice-Chancellor now took the lady's comest hi court ;
end the fund, amounting to 7141., was ordered to be paid to
her on her separate receipt, km husband committing.