The Sun.
London, England, 1861-02-08 00:00:00

CHARITIES.

Mr. DILLIVYN obtained leave to bring in a bill to re-
move doubts as to the eligibility of certain persons to be
trustees of certain charities.
The house adjourned at 25 minutes to 9 o'clock.

LAW INTELLIGENCE.—Feb. 7.

COURT OF CHANCERY.
(Before the Lord Chancellor.)

THE FARL OP RADNOR V, THE SOUTH-EASTERN
RAILWAY COMPANY.

This was an appeal from a decision of Vice-
Chancellor Kindersley, pronounced on the 15th
of November last. The object of the suit was to
obtaiir an injunction to restrain the defendants,
their servants, agents, and workmen, from digging
or removing any rock or gravel, &c., from lands
and quarries belonging to the plaintiff, under these
circumstances:—The plaintiff is the lord of the
manor of Folkestone, and owner of the shore and
cliffs running to the north-east of the harbour,
which, having been erected under powers conferred
by the 47th and 58th of George 111., was purchased
by the South-Eastern Railway Company, under
the powers of an Act of Parliament in 1843. The
company under the first two Acts had power to
take stone, rock, &c., from the shore belonging to
the plaintiff, for (keeping and maintaining the har-
bour, such taking being compensated by a sort of
percentage upon the toils of the harbour, and pay-
able to the plaintiff. The defendants had, as is
well known, formed a railway and station on the
west and south sides of the harbour ; the beach to
the south side in front of the station being low and
open, and vessels of any burden, being unable to
come up there were obliged to go into the inner
harbour. In consequence of this, and to enable
steamers to land passengers, the defendants pro-
posed to construct, and were actually constructing,
a pier or jetty along the south beach of the outer
harbour in connexion with their railway, and for
the purpose of forming these works had laid down
a tramway on the plaintiff's land, and were taking
and using his rock, gravel, &c., for the purpose of
thesamorks. It was also proposed to form an extra
and,Aslinct pier to the south-east of the harbour
at the back of the railway station. The case for the
plaintiff was that under the powers conferred by
the above Acts of Parliament the company were
not at liberty to take the plaintiff's rock, &c., for
any other purposes than maintaining and keeping
in repair the harbour itself, and that such rock,
&c., wild not be taken and applied to any other
new works, such as were now being made. The
Vice-Chancellor granted the injunction prayed for,
and the defendants now appealed. The question
turned entirely upon the construction of the before
mentioned Acts of Parliament.

Sir H. Cairns and Mr. C. Swanston appeared for
the plaintiff; Mr. Baily and Mr. J. T. Humphry,
for the company, appealing.
The Lord Chancellor, without calling for a reply,
said that he felt no difficulty in the case. The Vice-
Chancellor had arrived at a correct conclusion, and
the appeal must be dismissed.

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RAILWAY INTELLIGENCE.

GREAT WESTERN.

The directors of this company have decided to
recommend the payment of a dividend at the rate
of 31; per cent. per annum for the half-year ending
the 31st day of December, 1860, leaving a balance
of about £13,000 to be carried forward to the next
half-year,