The Sun.
London, England, 1848-12-09 00:00:00

0 b trb Wbition

CHANCERY.-(THIS DAY.)
THE EAST LANCASHIRE RAILWAY COMPANY V. THE
LONDON ♦ND NORTH-WESTERN RAILWAY COMPANY.
The further arguments in this part-heard appeal oc-
cupied his Lordship the whole morning. The case
comes before the Court upon appeal from the decision of
the Vice-Chancellor, Knight Bruce, allowing a demurrer
put in by the defendant to the bill filed by the plaintiffs.
The question turns on the validity of an agreement be
tween the Blackburn and Preston and the North Union
which is amalgamated pith the North-
Western.

ROLLS' COURT.—(THIS DAY.)
Motions, short causes, and consent petitions of no in-
terest. except to the parties concerned, occupied the
Court the thole morning.
VICE-CHAN UERY.—(THIS DAY.)
(Before the VICE CHANCELLOR of ENGLAND.)
His lioNouß heard motions to-day, it being the Seal,
but nothing of interest occurred up to the period of our
reporter leaving.___

(More the Vice-Chancellor KNIGHT BRUCE.)
THE ROYAL ETCHINGS.-TILE QUEEN AND PRINCE ALBERT

V. STRANGE AND OTHERS.
In conscquetee of this morning being appointed to
hear the motion for dissolving the injunction granted in
this case, the Court was crowded at an early hour by a
large array of niembfrs of the bar, reporters, and stran-
gers, anxious to hear this very interesting and important
cat e. They were doomed, however, to disappoin►ment.
The Solicitor-General, Mr. Sergeant Talfourd, and
Mr. W. M. James, appeared for her Majesty and Prince
Albert, and Mr. J. Russell, Q.C., Mr. Warren, and Mr.
Sydney Smith, for Mr. Strange.

Upon his Honour's taking his seat the SOLICITOR-GE.
NERAL applied for a postponement of the case on the
ground that two affidavits had been filed by the defen-
dants only that morning in answer to one filed the pre-
ceding day on the part of her Majesty and Prince
Albert.

Mr. RussELL offered to withdraw them if the affidavit
filed on the other side was also withdrawn, which was
not assented to, and the case, after tome discussion,
when every one present was on the tip-toe of expecta-
tion, was appointed ftr Wednesday morning, at the
sitting of the Court, at ten o'clock.
It was rumoured in curt that the object on the part
of her Majesty's advisers in insisting on the postpone-
ment was to secure the attendance of the Attorney-
General, who is at present engaged at the Special Com-
mission at Chester.

The Court then proceeded to hear motions.
(Before the Vice Chancellor WIGRAM.)
THORNTON V. THE PORTSMOUTH AND ARUNDEL NAVIGA-

TION COMPANY.- JUDGMENT.

His Honour gave judgment to-day on this case, which
was argued before him a few days since. The defendants
in this case were a company incorporated in 1817, by
Act of Parliament 57 Geo. 111., c. 63, for making and
maintaining a navigable canal from the river Arun to
Chichester Harbour, and from thence to Langstone and
Portsmouth Harbours. The plaintiff had been contrac-
tor for works done for the company, and the object of
the present suit was to establish three several mortgages
for 1,0301., 1,0004, and 1,000/. of the tolls and dues of
the undertaking executed to him by the committee of
management of the company as security for his claim
for works executed by him for the company. It ap-
peared that, as early as 1824, disputes had arisen be-
tween the plaintiff and the committee of management
with reference to the way in which the works had been
executed, in consequence of which a meeting of the pro-
prietors of the undertaking was called in February, 1824,
At this meeting a resolution was passed that the disputes
between the committee of management and the con-
tractor should be made the subject of arbitration. This
was accordingly done, and by the award of the arbitrators
made in 1826, the demand of the plaintiff against the
company was fixed at 7,697/. Several payments were
afterwards made on account, till the claim was reduced
to 3,0301. For this balance the three mortgages in ques-
tion, which were dated in September, 1836, bad been
executed under the common seal of the company. The
claim was resisted by the company on the ground that
the powers of mortgaging given to them by their Acts
could not properly be exercised (according to the true
construction of those Acts) by the committee of
management, but that for the purpose of binding
the company by the mortgages the sanction of a
general meeting of proprietors called specially for
the purpose should have been first obtained. His
Honour, after going at some length into the
case, said Le could not do otherwise than send the case
to law. There must, therefore, be a case to the Court
of Common Pleas, for the purpose of trying the ques-
tion whether tho mortgages were binding on the com-
pany. The matter was then ordered to be referred to
the Master, to settle a caso for the opinion of the Court
of Common Pleas.

QUEEN'S BENCH,-(THIS D'
A'Y.)
(Before Mr. Justice WIGHTMAN and a Special Jury.)

PATENT SAWMILL.-THE QUEEN V. SMITH.
Evidence was adduced during the whole of the morn-
ing in support of the case of the plaintiff.
Sir F. TuEswErt addressed the jury on behalf of the
defendants, after which the lurther hearing of the case
was adjourned until Monday.
Thu Court will sit at Westminster on Monday, in
order to proceed a ith this case. One of the Learned
Judges will sit on Monday at Guildhall to try causes.
The other Courts will also sit there.

COMMON PLEAS.-(TIIIS DAY.)
(Before Chief Justice WILDE and Common Juries.)

THE CORR AND BANDON RAILWAY V. CONNOLLY.
This was au action brought by the Cork and Bandon
Railway to recover 165 L, the amount of calls upon
eleven shares, for which the defendant had signed the
subscribers' deed. Evidence was adduced to show that
the defendant took up the shares, that he had paid upon
them, and that he had failed to pay the remainder, for
which this action was brought.
Mr. Sergeant Channell appeared for the company.
Mr. Sergeant ByLEs, on the part of the defendant,
raised several technical objections in contradiction of the
validity of the claims of the company, the most ins-