The Sun.
London, England, 1838-06-25 00:00:00

EXETER-WEDNESD A Y.

The affairs of the old Corporation have occupied the attention of our
good citizens, more or less, ever b ince the Municip..l Reform Act came
into operation ; and I regret to say that there appears to be no imme•
diate prospect of peace.

The grand job to which public attention has been directed, was the
extension of the old Canal, for which Mr. Green, a resident engineer,
had given an estimate of 5,0001.; he subsequently increased the esti.
mate for the work to 12,0001., and afterwards to 15,0001., but the ulti-
mate actual cost was 103,000/. !!! The work was done in the most un.
business-like manner, though the full revelation of the whole enormity
did not come out till the old body was defunct, and the new one had
stepped into possession of all their bankrupt estates and embarrassments.
The subject of the Canal became a matter of strict investigation, and it
was proved that no d etailed estimates could be produced, and it was doubted
whether any had ever been made of the work. It was also proved that
there were no vouchers nor accounts worthy of the name, and that
the old body had never passed the Treasurer's account, although the
work had been open for some years before their official
death. It was also proved, that the most reckless system
had been pursued in the management of the work. The exca-
vators were generally paid day-work, and three years after the death of
a captain of a gang of excavators, a bill for 86,000 days' work was paid
to his executrix by the treasorer of the work. This account of 86,000 days
was made up and passed, without any intelligible account being ren-
dered of the transaction, and the man's circumstances were such that it
has been doubted whether he had ever a spare 104 note in his life. The
Committee appointed by the new Corporation to investigate the accounts
made the fullest inquiry into all the facts, and alter an elaborate
investigation into the whole circumstances were enabled to come to nu
satisfactory termination of their labours.
The Council finally resolved that some eminent engineer should be
brought down from London to ascertain tho cost of measuring and es-
timating the quantity and value of the work actually done, so that the
correctness of the amount charged might be as nearly ascertained as
possible. Mr. Cubitt was engaged for this work. Ile came to Exeter,
walked down the canal on ono slde and up the other, and came
to the conelusion that the work, though faulty, in various respects,
was worth the money expended on it, and adding that it wallid cost a
good 04 of money to measitro and ',aloft it, lett without seeing any
member of the Town Council, and sent down a report from London to
the effect stated.
But the question asked of Air, Cubitt waste" What will you measure,
survey, and valtto the lyerk dope to
our Canal for ?" This was what he
was asked to come down from London to decide, and his report is con-
sidered to be a tacit refusal to undertake the task, and the people aTe
rigterminfel to have it dghe by :samenon ot4,

The Bavarian Minister of State, Count IVlaximilia,ll
de -499ttiells,diefl at Nllnjeti oti the pi,gl:4 4' the WI intitanr. lie was
1;" lth ;'car, p4ha34 acted a conspicuouspart in the affairs of
i')Wyecn 1712 and 1817. On th.e.llth the Emperor Ferdinand
and ithi wldCst son of the Archduke Francis Charles, were
Oicic pf ;:iteiofo,

LAW INTELLIGENCE.

COURT OF CHANCERY, JUNE 23.
SAUNDERS V. SMITH.

The Lours CHANCELLOR gave judgment in this case this morning. Ills
Lordship was clearly of opinion that the Vice-Chancellor came to a right
conclusion in refusing the injunction. The question raised by this bill
was a serious question. The practice of extracting cases and parts of
cases from the books of reports has gone on fir years, and the plaintiffs
acquiesced in it ; whether that was matter of contract between them and
authors of books into which such cases were copied, does not appear.
The only question for the Court now was, whether It would interfere
by injunction before the plaintiff's established their legal title. Under ell
circumstances, it was impossible for the Court to proceed by injunction.
Ills Lordship did not mean to say that the plaintiff's had not a legal
right ; but, assuming they had a legal right, this Court could not, in
these circumstances, exercise its equitable jurisdiction until they had
established that right at law. Being of opinion that the Vice-Chancellor
was right, his Lordship dismissed the appeal with costs, leaving it open
to the plaintiff's to bring their action at law for infringement of their
copyright.