The Express. — London, England, 1851-08-14 00:00:00

THE HORFIELD ESTATE. (Fres the Daily Berl.) Bisnor Nom( hasiprinted a selection of " Poo/- meets respecting the Estate of Thayiehl Manor ;" in troducing them by a preface sometimes exculpatory, and at others laudatory, of his defeated intentions as to his actual dealing with that property. Had his publication merely left the case where perliamentary and public discussion had placed it, the episcopal defence would not have received any notice in this journal. But so important an addi tion to facts already known and appreciated is therein made, as to compel us to return, •ory unwillingly, to a most disagreeable subject. For it is quito clear the public has not heard the last of Ilortield Manor; and all per- NODS proposing to acquire an interest therein under the lease granted by thr Bishop to his nominee, had better take care what thee are doing ; that lease being, the Ecclesiastical Nminissioners of England contend, void in law us against their reversionary estate in the manor. The ease is plain end simple enough. The sees of Glosteester and Bristol were united by an Order in Connell of the MI of October, Dr. Most:. then Bishop of Gloucester, became, on the translation of 1)r. ALLEN from Bristol to Ely, incumbent of the united sees, and, as such, sobbed of all the property belonging to that of Bristol. Part of that property was Ilintield Manor, then under a lease for three lives granted in 1 , 417 to a Lord Farmer; under wham, in his turn, there were a series of copyholders. Of those lives only ooe survived in ltt:iti; and he was twenty stars older than tho Bishop. It was, therefore, a reasonable probability that Or. `lasi would come into the actual possession of the manor; and every one concerned in the united sees seems to have acted on the scrump firm that such would he the ease. Dr. Moss: at that time very properly refused, as his two predecessors had done, to renew the lives which had dropped; Mr. Myatt tY, as Secretary• of the Exelesiastical Commissioner:, very properly kept his eyes on and Lis ears open to all matters and reports about the estate: and on the first opportunity the Ecclesiastical rontmissioncrs dealt very properly with the reversion of the manor, contingent on the avoidance of the acv,. --- - The opportunity arose out of the second septen nial return of income made by Bishop Toxic in 1 , 413. That return showed hint to be in the average receipt of n. 701/. a year since 1 14 :17 ; and the Ecekid astical Commissioner.. in fixing the prospective charge on the see at so low an amount us Tat/. a year, Ind so. bemuse they resolved that llortield should be transferred to tht4n at the next vacancy in the see. 'this transfsr was actually elfietcd by an Order of the Queen in Council, gazetted June lm, 1K I i ; in that Order the manor is described at being subject to a hose dated 4th February, 1 Ml 7, and being so subject, is &eland to be severed from the ace after the present ineumlancy. The Ecclesiastical Commissioners became thentore entitled to the re version of the manor, subject only to the continuance of that single lease. This view of the clfeet of the Order in Council did not, however, at first strike either Bishop NloNie or his brother bishops on the Commission; they thought that the Bishop of GeoucesTms. and Buts Tot. re tained the right to make a new lease of the manor, when the lease of 1417 fell in : and, to prevent the' re-alienation of the properly from the church on the ortumnee of that contingency. they agtved as we all know, to purchase liibhop NioNk's supposed power to abuse the property tor 11..145i1. When. however, the lawyers were consulted as to this purchase, they at one. , advised the Commissioners that Bishop Nb ON K did not possess the power to sell the contingent right of renewal. and that it was more than doubtful whether the Bishop had the power to grant anv renewal at all. Consequently the Ecclesiastical Commis...ha:yrs dill not pay Bishop Must: 11,500 i. for what he had no right to sell ; this opinion of the law officer, of the crown was dated the IRth of August, INN; a copy of it was forwarded to the Bishop; and h u m the termination of this negotiation for a sale at that time, down to the commencement of the present year, the Etvlesias thol Commissioners. the reversioners of the manor. were kept in nual ignoranto of everything con nected w ith llorkeld. though intennediaielv the last lire had dropped, and Bishop Stowe had conic into possession of the estate. Early in the present year, however,the Ecclesiasti cal Commissioners, us such reversioners. received from the Copyliold Col 1111 l issioners a notice that the latter, on the requirement of the Bishop and his new lessee were about to take the nevi ssary proetcdingis to en franchise the topyliolds. This notits- amwarti to have conic upon the Ecclesiastical Commissienwrs like a thunder chip. A new lessee—unother Lord Farmer' 'flan a new lease had been granted; their interest in the reversion bud been tampered with! Their Solicitor inquired ; it was true to his amaze ment and astonishment: he found that ilortield ?donor had been leased, lur the lives of her M %as 'Te's three healthiest children, to "'host is of the cite of Gloucester, gentleman:" the said Timm is of Gloucester., Icing the Bishop's Secretary. 'Me etc ps the Solicitor took alter making this ells covery. were those of an honest and highly honour able man, disgusted with such stealthy trickery and aseau audacity. On the 81st of January, Mil, he K aye notice to the Copyhold Commissioners that the Eeeleslastielli protes;,d rnluirrxl bring morposed bp 1.. I ., 11111 . 41• the rolidityof (toy rorh !rose, or thr poteur c!l * llit.hop to /runt it. " lie warned them against its being supposed that tiny subordimite titles acquired under the lease would be recognised; he reserved the right of the Exelesias- Heal Conunissioners, after the avoidance of the see, to come into possession free front all incumbrumcs. And on the next day he also gave notice to Mr. Hour that the Ecclesiastical Commissioners did not acquiesse in the right er power to grunt the lease, of which you are the grantee." To these most proper notices the Bishop. it seems, himself indited n long and floundering answer. Ile tried to account for the secrecy of this new aliena tion of Itortield, by saying that after what had passed he could not " without impropriety have made any comtnunieation to them [the Commis sioners] respecting Hortield: " and lie coolly dis missed the language in the Order in ('outwit of which the lawyers doubt his power to lease that property, by adding that they are words of sur plusage." And. so fur from. in this communication. dated only January Issl, even hinting at any applicatiun of the proceeds of Ilortield to the church in consequence of the new lease, he therein sets the Commissioners at &hams-, snaps his fingers at them, ;red. n ith something like movkery, tells them that "si hen the reversion conies into the hands of the Commissioners they will timid that the pan itnony of the church has been carefully fostered and con siderable improved." When the reversion ”eoeleP Into their hands," indeed! Why, it will be with this lease it be valid) and its three lives between them and the usufruct of the property' This addition to the Hortield controversy greatly aggravates the scandal of the ease. It proves that Bishop %est: secretly made this lease, though in structed by the opithim of the law officers of the crown that he had not the k-gal power to make any lease; and it follows that, if this lease be invalid, he is deluding all persseis who may accept subordinate interests under it. to make hazardous investments, to risk litigation. and perhaps to involve themselves iu serious loos, if not positive ruin. TIIE MURDER UV .t Snot:MAKER AT \IANCIIEsTEII. —Jane s Macnanura vr.o brought up yesterday morning at the Mane!tester Borough Court for further examination - , on the charge of murdering a nun named Ellis, by striking him on the head with a hummer. The evidence was sub stantially the same as that given before the coroner. except that Ann Oldthld, the keeper of the public house where the quarrel took place, masers that - deceased struck the prisoner lint. This agrees with pan of the prisoner': own P - latent to the eater who apprehended him. The prisoner was committed for trial at the unites. THE. PORT OF BitinEot.—At a meeting of the Town Council, held yesterday, a report was presented from the )Lock Committee, which showed that the income of the awls had greatly incremed, exceeding the expendixtre for the J . by about 3,000 f. The committer recommended that the dues on sugar should be reduced from di. to Is. 6d. per ton ; an.l that those on tea, coffee, and cocoa should be wholly remitted, a proposition to which the council unani mously assented. The foreign tonnage of the port was Maud to have exceeded that of last year (and even that of the exceptional year 1849) by near 20,000 tons. THE TEETOTAL DEmoN9uitElloN.—A large meet ing was held in llawkstone Mull, Waterloo-road, on Tues day night, to he q. Mr. Lieesey, proprietor of the l'reslon Gratd.uti, deliver his lecture on malt liquors. After the lecture, the meeting gave a vote of thanks to Mr. Lisracy and the chairman, Dr. Elliot, which was canicd with great animas. IRELAND. AUCIU ,, T 13. Mr. Lamb, the well-known Quaker correspondent of the Northern Whig, has the following notes on the state of the country, in the last. number of that journal : data Some of the farmers are beginning to feel the good effects of a change of landlords, by the operation of the En -1 cumbered Estates Court, particularly when the change is from an embarrassed squire to a wealthy merchant. llitgh Cleland and Son., of Downpatrick, have lately come into ' possession of a considerable extent ()Eland, partly by Mlle ; ritance, and partly by purchase. Every one speaks well' lof them, as gout' landlords. They seem determined to carry 1 their good business habits into the mauagement of their estates and they are, so tar, acting practically on th e oft-repeated and abused preverb of live and let lire." .t short time ago, one of our most successful and wealthy ; 'pincer* bought a property in the county of Down, ! under the court ; part of it consisted of islands in Strang- I ford Lough. The land is very good, with an abundant • supply of sea-rack, which makes geed manure. After the purchase was completed he went to see his property, and the tenants on it. When he met them they all pulled off their hats to their new landlord; hut the first word he said to them was, "put on your hats; 1 want no cringing serfs on my property, but independent men," and then added that he would never allow them to pull off their hats to him; that they were in, t on equal and independent terms, to transact a matter of busines s ; th a t h e had land to let, and they 'rented to hire it, therefore he begged them to retire, and 0,11%a 114 to what rent they could Milted to offer hint Mr it. They shortly returned to say that they thought they could safely undertake to pay him ellte. per acre fur their first class laud, for which th..ir for trier landlord charge I them •Itts. Ile told them he was quite eatistii it with their offer; that the rent should not be higher than that; and, further, that he would give them leases of three lises, or thirty-one years, of their respective holdings. These tUcto 1 had from a geutleimin in the commis don of the peace, who was present on the .., and was greatly delighted with the whole seem. What a contrast does the conduct of the aforesaid mer chant present to that of many of our lard agenta, Ito may be seen in the little country towns who is they reian paeunouiet, walking the streets with two or three tenants after them, with their hats in their halals, while the white hair of venerable old age may be seen fluttering in the breeze; and 1 ain told it frequently occurs, even hi Ulster, that if a tenant, going into an office to pay his rent, inadvertently neglects to uncover, he is sure to be treated to a must insulting lecture for his want of good manners. flow supremely ridiculous would such conduct irapear iu one of oar first-du , . merchauts, if lie adopted the same course to a respectable grllal'r when he went into his office to pay ter a couple of ho2sheads of sugar; yet the two cases are exactly parallel, exeept that, in nine cases out of ten, the merchant is greatly superior to the land agent. The district of country, or valley, commencing about two mile. east of Newtownlemavaily, pausing Londonderr', and on to Strabane, or two miles south of it, is, in my estimation, hr far the best cultivated district (as a whole) in Ulster. of the same extent, being about thirty miles long. It iuclueles part of the estate of the Fishmongers' Compaisy of Leuelon, who are about the very best lend lords in the cone ty : any of their tenants that 1 Is tee con %creed with speak in the highest terms of the general ma nagement of the property ; there is an appearance of com fort and prosperity about the farms of the tenantry that is cheering to look ut, and the agent appears to be popular with men of all parties. The harvest in Ulster will he late this year. If the wheat turns out equal to present appearance, we will have a lull average crop ; the wets still better ; barley and beans not so good. As to turnip's, it is quite impassible to say what they will he ; early in the season th.? fly attacked them—and, latterly, when more matured, they have been destroyed in great quantities by a eat. rpillar or moth. Mend one-fourth of the land under flax, along my route, will yield a full good crop; mother fourth will wit produce us much as will tei'y for the seed and labour; while the remaining half will have a middling crop as to quantity, lint short in the length. A 1/cuticulae connected with the Fla; Society, as rat instructor, wits is a competent judge, tells me that the general character of this year's crop will Ise tine, wife short, and weal. Early last week, several farmers told me the potato blight bud showed. itself in their gxxlens, hut I did not oh, rye it until the Nth instant—when passing from Omagh PI Monaghan; at least half-a-dozen undoubted cases came under my entire. mostly in gardens or shade slat•, where the potatoes were nearly ripe. The next day, on my way ! home, by Armagh, there were several exscs to It urn in the fields, and I find my own, of ull kinds, show more or Ices symptoms of disease iu the leaf; but, so far, there art ser)• few of the tubers affected. Of course, the will progress ; but it 111.11115 to be of a less virulent type than even lust year ; so that, judging from forum years, we may hope that there will not be a very great loss of food ; those that will be unfit fur the table will do fur annuals. Join LAMB. Levis View, Belfast, 11th of Bth month, WI. The annual Cattle show of the Royal Trish Agri cultural Society commences to-day on the premises of the Royal Dublin Society. Yesterday the various preparations for the accommodation of the stock, &e., were complete. The arrangements are upon a scale of magnitude commensurate with the inmportance• of the exhibition, and are remarkable for the judgment and taste with which they have been executed. The farming implements have been all received, and the admirers of improved modes fur the advancement of husbandry may anticipate a rich treat in the number and variety of the articles brought forward far coin- petition on this occasion. The show of sheep, it is expected, will far exceed anything of the kind ever presented by the society to the public. Among the horned rattle are some of the finest specimens ever exhibited in I )üblin. The annual dinner of the so ciety will take place on Thursday in the Theatre Royal. His Grace the Archbishop of Dublin was yester day sworn in one of the lord Justices, at a meeting of the privy council held for the purpste. 'there was a garrison field day yesterday in the Pheenix-park, the evolutions being under the com mand of his Royal Ilighness the Duke of Cambridge. Lord Gough was present on the occasion. The Northern Whig says the Orangemen of Lis burn, we understand, have taken initiatory steps ha vindicating their own character in the matter of their " County Grand Master's" published " reverence" for crosses, and other " mummeries" of the same description. The following letter appears in Saiukes News Loiter : Sir,—Permit me, through the medians of your journal, to expose to the astonished MW'S of Protestant Britain One of the " dark deeds " of popery perpetrated in this locality within the last week. This is nothing less than the burning to ashes two volumes of that inestimable " pearl of great price,'• the Bible,which is alone able to make us " wise unto salvation," land by Means of which England has been raised from the dark and galling lamdage of popish slavery and su perstition to her present high position as first nation upon earth. For some time I have been suffering abundant annoy ances in the execution of my spiritual duties as chaplain to the workhouse :at Baltinglass, mach as being shouted at, yelled after, nicknamed, and having the sign of the cross made upon them by the llomanists (which is well known to mean among the lower orders May the cross of Christ be between toe and the devil") whenever I made my ap pearance ; this latter by the express orders of the nornish chaplain. This conduct, persevered in for some time, has at length been consummated by bunting to ashen two volumes of lloly Word. 0 Lord ' how long wilt thou delay to avenge the cause of thy saints. and to fulfil thine own prediction against the " mother of harlots and nbomina• Mons of the earth" (see Bev. :MB.). so long intoxicating with the wine of her spiritual fornication the nations of the earth, so lung " drunk with the blood of the saints." I am, sir, your faithful servant. 5.00.. Geo. eorrtn, Protestant Chaplain to the Workhouse of Baltinglass. Stratford Glebe, Aug. 11, 18.51. HORRIBLE DEXTIL—TIPPERART, AUG. G.—The town of Tipperary was thrown into a state of the utmog excitement yesterday by the report of a woman having been buried alive. The following are the particulars:—Mary Neill, a young woman, died on Sunday in the poorhouse, and was 'Milli on Monday in White Church, about four miles from town. On the morning of yesterday a man heard her cry as be passed close to her grave, and heron as rapidly so poaahle to town, and gave the alarm. Many of the in habitants hurried out : the master of the workhouse having been informed of tke circumstance, vent out some of the officers to ascertain if there were truth in the report t and his men. on returning. stated that they had disinterred the body of Mary Neill, anal that, ou opening her coffin, she was lying ou her right side. the shrouding torn, a cop which she wore ou her head removed. and WI etches and blood on her face, and other marks of recent violent exertion appa rent, but she was quite dead. Iler apparent death previ ously was sudden, but it is believed she was only sunk iu a truce. However, there was no blame to the workhouse oaten, as the hapless woman was over 21 hours dead pre vious to her interment. Tai ORDER IisCED RECENTLY BY THE AlM warn., that no contract mail packet should be built of iron, has been rasciaded. TERRIFICTHCNDER , ACG. 13. ...---- -..- _ • . A thunder-storm of an alarmingly violent nature. visited the capital of llallamshire this afternoon, about . 1 o'clock, I and continued for about an hour and a quarter. During I the ' pester part of this time the vivid dashes of lightning and the deafening peals of thunder followed each other I with most unusual rapidity ; while the heavy drops of ruin, mingled with huge hailstones. CAMC down in torrent,. We ' have not for a long time witnessed a more violent warring of the elements. The Crookes Moor workhouse., which is situate in the township of Nether liallam, in the borough of Sheffield, occupied by the family of Mr. Jonathan Dearden, was struck by one of the moat vivid dashes of the electric fluid, which penetrated from the roof to the , ground door, destroying everything in its course; tearing I the plaster aid ceiling in the kitchen, and destroying the 1 furniture Mr. and Mrs. Deaden, who were sitting in the kitchen at the time, were not injured, but the building was shaken to its foundation. We have not heard of any other ems of destruction of property. THE EXPRESS, THURSDAY EVENING, AUGUST 14, 1851. BETTING AT NIANCIIESTErt—TrEsDAY. GREAT BOOK HANDICAP. 5 to I oat Nancy (t freely) 8 t, 1 yes: haricot (t) 31C I 7to 1 doiSlashom(t) ID to I Knook klott OREAT YOItht•IIIRE STAKE.. 2to 1 arts Nancy I7to 2 N2rlborough Mack (I) 2to 24..5h0a INTELLIGENCE EXTICA.—EGJIAM, 1851. ilagnic.u. con THE RENXTMEDE STAKES of 10 UTS. each ; ft, and 3 only if declared by Tuesday next.—Wil liam the Cmqueror, 4 yrs, Sit ; Rhesus, .1 yrs, Bst Sib ; Woodlark, ./ yrs, Ast 611) ; Joe o' Sot, aged, tkt 21h; Mokan• na, 4 yrs, iist 21b ; l'ulcherrima, b vra;Sid 21b ; Repletion, .2 yrs, ist 121 h ; Winton, 4 yrs, rst 9!b ; loathe, 3 yrs, ist Sib ; Bushranger, 4 yrs, iat ilb ; Marquis of Conyug limn, aged, 74 7th ; Nautch Girl .5 Zr., ist 6lb ; Terpsi chore, 3 yrs, ist 41b; Trestle, 3 yrs, in 41b ; Tonic, 37Ins, 2lb ; Simplicity, 3 yn, st ; Self Defence, 6 err, ; Follow-me-Lad, 3 yrs, nit ; Cane, 3 yrs, ist ; Gipsy Rey, 3 yn, ist Jagellun, 3 yrs, 64 121 b ; Henrietta, 3 yrs, Est 1216; Britannia, 3 yrs, bat 1116 ; Longreuch, 3 yrs, 6.4 101 b ; helm, 3 yrs, Gt Sib; Kick up the Dust, 3 yrr, Est 31b. ACCEPTANCER TOE THE SURREY ANII MIDDLESEX STATES.—William the Conqueror, i %I.•, Net 71b ; Little Juek, 4 yrs, itst ilb ; Agis, 6 yrs, ist . 3ll) ; Anspach, 3 yrs, 131 b ; llrington, 4 yrs, 6st 21b ; Don Pedro, 3 yrs, 44-121 b. It.tocurrE-11331. ACCEPTANCES sou THE WILTON CUP (the weights have been ruined).-14crbert, 3 yea, Sst 7lb ; Admiuiatrator, aged, list • Abbess of Jervesuz, 4 yrs, I'st 3lb ; M a ry Nob bles, aged, Gst 13Ib ; l'anope, 4 yrs, 6st 131 b; Wilinont, 4 yrs, list 111 b ; fby Gladiator ont of Sprite, 4 yrs, Gst 91b ; Blister, 4 yes, Gst 91b ; The Cantle, 4 yrs, list 3lb ; The Wren, 4 yrs, 71b ; Aria, 3 rrs, Sst 91b. ACCEPTANCES Loa THE MANCIIF.STEIt CCP (weights raised, 6:e.)—Alp, 3 es, Sat 71b ; Otd Fos, 3 yea, Sat 21b ; Brown Fly, aged, .at 31b; Abbess of Jerveaux, I yrs, ist 51b; Lady, 4 yrs, i'st llb ; Vancouver, 4 yrs, list 1311,; Gardenia, 4 y (01b ; Augean, 4 yrs, list tllb ; England's Glory, 3 yes, fist Slb; The Wren, 4 yes, Gat ilb ; Forest Deer, 3 yes, Gst ; Little Fawn, 3 y ea , 4st 121 b. WARWICK SEPTEMBER MEETING, 1851. ACCEPTANCE.; TOR THE LEAMINGTON STAKES (weights raised, &c.)—Rlthirun, 5 yrs, Kst 71b ; Backbiter, 6 yrs, 316; Alonzo, 4 yrs, ,st 121 b; Windischgratz, 4 yrs, 74 10 b; 1/Juht, o zr.., ist 711); Clothworker, 5 yrs, 74 71b; Italian, 4 yrs, 71b; Fugleman, 6 yrs, 74 ; Sauter la Coupe, 5 yrs, 74 slb ; Herbert, 5 yrs, ist 31h; Borneo, 3 yrs, ,et alb; Glenalvon, 5 yrs, ist 21b; Cock tail, 5 yrs, 74 ; Administrator, aged, Est 1216 ; Remune rator, 4 yrii, Est 11th ; NVindhounil, 4 yrs, Est 111 h; To phana, 6 yrs, 6.t 111 h; Nutcracker, 4 yrs, Gat 101 h; Calmar, 4 yrs, 64 101,; Flare-up, 4 yrs, Est 91b; Valentine, 4 yrs, Est 71h; Clarissa, 5 yrs, 64 71h; Chief Justice, 4 yrs, 04 71h; Humphrey, 4 yrs, frst 31b; The Castle, 4 yrs, list 31b; f by Gladiator out of Sprite, 4 yrs, list 3lb ; lanthe, 3 yrs, 64 2lb ; Grief, 5 yrs, 6st 216 ; Miss Julia, 5 yrs, Got 11h; Goldfintler, 3 yrs, iist 12Th; Tightwaist, 3 yrs, Ist 1211,; Ringleader, 3 yrs, 54 12Th; Amon Smith, 3 yrs, sst 12th; Reindeer, 3 yrs, 54 111 h; The Wren, 4 yrs, iist Olh; Tilsit, 5 yrs, sst Knouk Knoll, 3 yrs, iist, Tit); Asia, 3 yrs, &it alb ; Leap Year, 3 yto, ist 13,6. CLERICAL. PRZWERNP.:s TO Re,. J. T. Boacawen, to be chaplain to the Earl of Falmouth._ _ Rev. J. P. Cot, to St. Erran Rectory, Cornwall, value 40V., with residence; patron, Sir W. htolesworth. Rev. W. de L. Crommelin, to Comber Curacy, dime.. Down. Der. Crosdale, to Cushendun Curacy, dioccse Connor. RC,. J. It. F. Day, to slolakitfe ltectory and Vicarage, diocese Ardfcrt. Rev, a East, to Hounslow Perpetual Curacy, Bliddlssex, value 1251 patmn, Bishop or London. Iter. J. Jonua , to 11 , ..ulin,Jon-quary Perpetual Curacy, ,Oxfordshire, value-10f , with residence; patron, Bishop of Oxford. Rev. C. J. Lambert, to Gallen Vicarage, diocese Meath ; patron, Bishop of 'Meath. Rev. S. Macpherson, to Lower Cranber Curacy, diocese Derry. Rer. C. Marshall, to Caalbrookdale Perpetual Curacy, Madeley, Shropshire; patron, A. Darby, Esq. Ike. N. C. Ilartiu, to Carndoaagh Rectory, diocese Derry. Rev. W. Martin, to Sutton Perpetual Curacy, Northamp tonshire, value 2001.; patron, Bishop of Peterborough. Rev. E. O'Brien, to Thornton Curtis Vicarage, Lin colnshire, value 1431. ; patron, C. Winn, Esq. Iles. E. A. Ommanuey, to Chew Deanery Rural, diocese Bath and Wells. 11. 8. Roberts, to the Third Mostershi2 of Bristol Gram car School. Rev. E. A. Sanford, to St. I'aul Perpetual Curacy, Swan sea, Glamorganshire. Roy J. 11. Scott, to Ilanarcher Curacy, dioczse Derry. Rev. 1'..11. Sherwood, to St. POilip and St. James Per petual Covey, Ilucelecote, Gloucestershire; patron, Bishop of Gloucester and .Bristol. VACANT. CANUN H V.—Exeter Cathedral; patron, Bishop of Exeter; Rev. R. I,:licouthe, deceased. UM:iv IN.—Alphington, un ; diocese, Exeter; value, $..1/., with residence; patrons, Representatives of late rector ; the Rev. R.Ellicondse, deceased... Swinnerion, Stuffordrhire; diocese, Lichfield ; patrons, Reprewatatiles of late Rector; the Rev. C. Dodsly, de cca.ed. V ICAUAG rat.—Abbtbhant, Devon; diocese, Exc r ; value, with residence ; patron, Lord Chancellor; Rev. S. A. Sanford, promoted. Canterbury, St. Mary Dredin ; value, 1491., with resi dent:; patron, the Rev. 11. L. Warner; Rcv. V. G. G u promoted. Magheragal, Ireland; diocese, Connor; patron, bishop of Down, fee. ; Hov. D. C. Courtenay, promoted. Sancred, Cornwall; diocese, Exeter; ralue, 261/., with residence ; patrons, Dean and Chapter of Exeter; Rev. li. Contyb, deceared. M A , TE Kt , Illr.—Llanwrst Onuamar School; Head Masterxhip. SPORTING. HUNTINGDON RACES.-TCESDAV. lIANDICAP of 10 sovs each, I. ft, and 60 adtled. One mile. s:r W. Bow hml TImA fawn. 5 yrs, sst 1012 ..„.. ..... (Baker) 1 1'.. , . 1..0 ml GI uliole, 4 yrs, 74, 10:b Mr.. ,-ph , m t S.lrdanailelus 8 yrs, Illt 46 . Mr. Ilwer:s Polcherrlnia, 5 y,,, ftt 711) Sir. • Ltsules llmlusmrer, , • 1 yrs, let I .714 ... „ A hue race. TWO-YEAISS-01.11 STAKES of 10 SOTS each; second to IOTC bis .take. Last subs. Mr. Dlr.'s CAVAN SO LO (Bar,bobroew) 1 Mr. ectritarmacia Marro'rcrimr. Frt A good race. SWEEPATAKES of 5 wore each, and 20 added, for 3-year olds ; meintr.r to be sold for 300 cows. Heats, one mule.- 6 subs, Lord t , andicieb rol Knight of the Thi.rle, Ist Mb ( arth,lo roe%) I I 1.4..1 W. Co ter Fr.rboberr, Brt 2.b 31 , . 531.1. 3 313 Mb 2 3 TOSIIItII )6 E ILIOES-NVEDNESDAT. Tow PL VrE of :kJ. The winner to be sold for 801., &e. Heats, one mile and a quarter. Mr. Do w's 31snIlls, 3 yrs, 74 41D .. ....... ....».... Rasterl I Mr. Land's Ed a, 5 yrs, 7st 411 ....11. Kay) 3 2 Mr. iniertant's br g by Same out o Odium 8 yra, 7rt listen) 4 3 Mr. Sia4letnn's Water ite, 3 3n, Set 1111 i (3llrpaiead) 3 4 Mr. anaemia:ids nd biro dplayer, Lea, (Slinmonds, Jim.) 3 3 Both heats won by a length. Ltuir,s' Cur of 2:d., one mile and a quarter, was won in 3 heats by Mr. Drew's l'usay, 3 yrs, !let 4lb (Daily), beating Willingham, yrs, 104 71b ; Gimcrack, 4 yrs, 10,at 7113 ; and three others. iiAtTS for 21/., one mile and a quarter, was won easily, In 3 heats, by Captain Rowley's Sp etator, aged, lhat 71b (30/.), C. Bataan, beating Mr. Thornton's The Tartar, aged, lost 71b (301.), Mr. Jarrates Lady Ford wich, aged, 16t (In!.), Captaiu Powell's Vulture, aged, lOst 71b (30/.), Mr. Routh's Rhododendron, 4 yes, 103 t 211, (204.), and two others. READING RACES.-WzmEgtmv. Douormi I'L.trv. of 21 wee., added to a Sweepstakes of 3 soca. each. Winner to be sold for L4O, dec. Three quarters of a mile. (It subs.) Was won in three heats by Mr. Formby's Teeswater, 1 yrs, Nat 81b Sherwood), lieutiug Mr. Shrimpton's Arlette, 4 yrs, Nat slb alums) ; Mr. Winch nil the Grand Duchess, '9 vrs, sst 71l (ltieketts): Mr. West's Marquis of Conyngli:on, aged, Bst 131 b (S. Mann); Mr. Waring's Gloom, 3 yrs, ist 71b (Holdway); Mr. Peacck's fby Cutherstune out of Dann-eine, 2 yrs, rrst 71b (T. Sherwood); Mr. Winch's linpressiou, 4 yrs, Bst 511) (Lowe) ; Mr. heat 1/ay's f by Birdcatcher out of Wadastra, 8 sys, ist 71b (Wakefield); Mr. Leicester's Dick Cain, Mrs, fet (Sabin) ' • and two others. After the second heat, Mr. Shrimpton and Mr. Formby objected to Grand Duchess (who won that and the first), ou the ground that she was named by Mr. Winch, the own( r of impression • she was disqualified, and the heat given to Teeswater, wh o won the third coy by two lengths. 11 l.Kelltlta: SIAKEs of 20 sots. each, h ft, and only 5 if declared, with 5u added, the second to save his stake. Two miles. (10 subs . ,.l2 of whomdeclared.) Mr. .V.2.lunce- nord, sired, art ..11b Sir J. Croolxriy, 4 yrs, Mt 710 a (.4 Day) I Mr. W. It I' iirech lilt, 3 pm, itrt 1310 Otkkardsj 3 Mr. J. N b&d2r tr.nittos, 4 yrit, ht Sib Even ou Cranberry, 3to 1 agst Drington, 7 to 2 agst :%lelford, 6 to 1 nird 'fildt. ou by two lengths. LAuts:' Pl. Al t: of :21 rims. ' added to a sweeiwtakcs of 3 ba)VS. each ; winner to be sold for 2001., &c. ifeats, 1 mile. (7 subs.) Mr. Ca, w'r Shrop-hire Witch, 3 yrs, Ort Illb (A. Day) 1 1 Mr. Illoobilteld'r 3 yrs, Tot lib Mr. Dime LiAy's N .derfad, 3p r, 7rt 7lb ...... -.(Wrktlield) 0 3 Mr. ilitithader 4o Chimer, 3 yrs, ;a 41b ..... --Poster, 3 4 Mr. Docility, 3 yrs, Oat Mb (Thick) 2 Sr Mr. T. Cowlefe The Clown, 4 yr., ilb (Low.) odr Mr. Why'. Mlue, 3 tr., Tat lib Ntuastermunct Udr Woo by two lengths.. EA•TIIAMPIiTEAU PAlai STAKE; of 5 SOTS. each, and 34 ado.h.d ; winner to be ,old fur 1301., tie. Heats, once round and a di , . (5 subs.) r. brewer entwass, 1 yrs, 'lst 7,b (Low.) 4 1 1 Mr. W, •;.'a Then, 3 ins l'st 113 ... (Burs.) 3 2 2 Mr. 11 Wt. r'. St. Hilda, 3 yr., Tut lib ...... .(ttsbls) 2 dr Mr. J. I.b.)*. Eklubttlun, 3 Ir., 6.t Jlb (Pocket) $ dr Won easy. WOLV El aIANIPTON ItACES.—WEDNESD.by. Electric Talegrapb.) WROTTEsLEY STALLS of 10 tiers. each, and 30 added ; for 2-yr-olds, list 12lb; and 3 yrs, Bat; fillies and geldings allowed 21b, wittucrs 31b extra. Straight half utile. (0 subs.) Mr. John Eyte's My Fumy, in Captain nd Truth, vs ....«............«»« Mr. Islyth's 37• FOAL Srauus of 10 son. each, and 20 added; colts, Sat 61b; Sat 31b; winner of Derby or Oaks 51b I extra; and of the Produce Stakes 31b extra. Once round. (6 subs ) Mr. Parka's Ca'culator Mr. J orits's lanthe Lard Wars Clef arts liotkuakz firm. k- of 2l) sons. each, 10 ft, and .1 only if doclar,d, with tin. Stand Purse of .30 added ; the second to sane his stake. Twice round and a die. (20 subs., 11 of whom declared.) Lord Warwick's Leap Year, 3 yrs, 34 Kb 1 Mr. hbarrat.'s Egret, 6 yrs, 7st talb Mr. J. It. Watt's aducialdrator, seed, 7st Mb YORK AUGEST MEETING. The `• broad sheet" containing the engagements for the three day* to which this greet northern meeting is confined hold* out a promise of *port of the highest order, with the certainty of large fields and an immense attendance. 'I lie following outline will chow that the present race committee have wuuderfully improved upon their prede cessor* . _ _ Prow DAY (Wednesday neat). —The Dundas Stakes of 5 son. curb, with 50 added (19 subs) ; the Cult Sapling Stakes of 50 was. each, 30 ft, for 2-yr olds (9 subs) ; the Ebor St. Leger of 23 sovs. each (27 subs) ; the Prince of Wales's Stakes of 10 son. each, 50 added (31 subs) ; the Yorkshire Oaks of 13 soya. each, 5 ft, and WO added (6.) subs) ; a couple of matches for 200 son. each ; and a Selling Stakes, yet to be named for. SECOND DAY.—The Filly Sapling Stakes of 50 son. each, 2 Ott, for 2-yr olds (8 subs) ; the Great Ebor Handicap of 2.5 son. each, 15 It, lac. 200 added, with an acceptance of 33 out of an entry of Si; the County Plate of 1001., added ' to a sweepstakes of 15 sots. each, 5 ft (19 subs) ; the Three yr old Produce Stakes of 100 sins. each, h ft (8 subs) ; the Chestertield Handicap of 10 son. each, 60 added (13 subs) ; the Juvenile Stakes of 100 MI. each, 30 ft, for 2-yr olda, (7 subs) ; a Plate of 1001., with 48 entries ; and the Lottery Plate, for which the horses have yet to be named. Tatty DAY.—The Great Yorkshire Stakes of 10 son. each, 100 SOT, added, with 138 norninatien4, including I Nancy, Neasham, Marlborough Buck, Ariosto, New =ulster, The Ban, The Black Doctor, 6re.; tho Bramhain ; I Park Stakes of 100 son. each, 30 tt for 3-yr-olds, (5 subs) ; the liimcrack Stakes of 10 son. each, 100 added, for 2-yr olds (31 subs); the York Cup, value 200 sovs., added to a Sweepstakes of 10 sovs. each (20 subs) ; the Knavesmire Stakes of 100 sons. each, 30 ft (3 subs) ; and the Queen's Plate, Members' Plate, and Consolation Scramble, for which the horses arc not yet named. RAILWAY Ana.tSitiaMENTS.—A special express train, at one fare (or the double journey, will leave the King's-cross station at l I o'clock ou Tuesday morning, returnable half an hour atter the hot race on 'Friday evening ; passengers, however, having the privilege of selecting any train on either of the race days. Tickets can be also had by the ordinary train. on Tuesday, Wednesday, and Thursday, en titling the holder to the same privilege of returning as those who start by the special express oat Tuesday. AQUATICS. --4- THE ROYAL VICTORIA YACHT CLUB REGATTA. HYDE, 1141.7, OF WIGHT, WHIINFADAY EVENING.—The Isle of Wight this day was the Peelle of immense attraction from the 0111loancument that had twin made, that her mint gracious :flak sty would honour the Royal N'irtoria Yaeht Club Regatta with her press nee. Every preparation was made to neeive the Queen with clue honour,, and to render the diaplay of yachts and other vessels worthy of the °era sion. The vessels lying off the imdand displayed their holiday colours, and several of them were furnished with bands al music, who played *vac choice music throughout the day, while the town band Iva. stationed in the Prince of Wales steamer. and played come titinurite overtures. 'The pier was crowded by it large number of fashionabies. The first rave was fur a prize of It for yachts of all nations. Tho following entered: lochs. Lion, Omi". 113rehoule Amon/ II lb ...as Cha I,rbitne, V. q. 1zvr:1t........ AlArra IDI Ju.eph V.el I, Er 1. tiib.lla Cygort ........... 33 11,ditorti Inni'3ton, EN. Inniliant . heroine .... 33 Robot t 17e.1. 19 , 1. neves .......... /3 Ruben I'4ll, jam, Lg. Mona No Pfaff could be made until forty minuha past three, in cunsequence of the dead calm that prevailed. At tide time, a gentle breeze sprund up Iron. the west, and the commit tee determined upon making 0 start. The fallowing vessels appeared at the station : Vaii•Oo. Sot... Mira. Bacchante... HO Bei.jamin 11. Jones, F...q. Blue, white arrow. Alum 64 11..-, (3,3mnolayno, hip ... I.oelLi 73 *I irrplen ilotlinp, 1 , ...i. Aintn . 1 ,3 J.llllflt W. LI, Esq. No. 0 , chequered. :Wools 2.0 James Cl.me. h.q. Neipolnan ti/g. , Irani linlilatit crap, Mut flag. itecrtt __ . . 'owl. MOr A ...... 82 Loot Affrca ea;et Iffil. ycil iv., blue. At starting, in consequince of the light state state of the wind, the .smaller vessels were the first to get under way, the heavier yachts moving front their posts with great diffi culty, and some of them with their balloon jibs flapping idly in the wind. At Oldeastlespoint, nearly opposite Osborne house, the Cygnet was taking the lead b at least a utile, but of course at this early period the success of any parti cular vessel was very problematical. the course being nearly 70 miles, and on the back of the island great changes of po sition were antieipatell. 'flu, match woo accompanied by several vessels, win, a very crowded company, but in con sequence of the lea% :iy roar.. they cannot be expected, together with t h e ya• 'il -, until a late hour to-morrow morn ink t, to which p. rust we must defer our report. the next was a l'oee for Amateur lialier;; first prize 31., second prize, 31 The following boats were entered : Attempt loeutge lxishwom msoatit tokoovu Milne M. Katssy Wwe .......... Cli.eles :Ceram _ l-lia, .. . . The tint these only started, and, nfter some very excellent rowing the prises were decided as follows : ...___. Attempt 21s as 2 Usknusn Up to four o'clock her Mainly wax most confidently exmeted, but her visit was no doul,t prevented by the on- I,vourable state of the weather. In coustloviire of the entries fur the tir-t and second races on Friday not having been complied with nt the tins- specified, the .101. cup is ntw offered f or fore and att schooners, the property of ruenslars of the Royal Victoria Yacht Club. fhe ,iOl. prize cup is also of ered for cutters, the propene of months rs of the Royal Victoria Yacht Club, above 7a tuns to 103 tons 8 tn. inclusive. A rAnAcnArgt in the Express of the 11th in stant states that the Royal Mail Steam Packet Company are about to erect "a suite of splendid offices" near the Southampton Docks. We have since learnt, however, from good authority, that the company in question dues not intend to erect at Southampton anything more than a building to he used for the purpose of an Officers' Mess howl, and a Sailors' Home. Instead of this object having been caused, as rep:rem:ern d, by the success of the Bra. ziliau packets, it was decided upon long before the com pany had any contract fur conveying mails to the Brazil. , ; and it would have been carried into effect earlier, if an eli gible site for the premises could have been sooner obtained. Such an arrangement is considered to be calculated to benefit the officers and crews of the Royal Mail Steam Packets, both in a pecuniary and in a moral paint of view; and although the company will necessarily incur some ex pense in carrying it out, yet certain Res will be esta blished, which it is expected may ultimately liquidate the outlay. HoLYIIEAD HARBOUR.—A large number of men I are now employed on the works, and the new breakwater is progressing rapidly. The proposed wharf for the accom modation of the Irish cattle traffic, on the western side of the harbour, is understood to be abandoned fur a better site on the eastern side. BUCKINGIIANISIIMIE ittlLtr.ti.—The half-yearly meeting was held yeiterday at the Huston terminus. The chair was taken, in the absence of Sir 11. Verney, by Mr. Ilumphrim The Chairman was happy to he able to state that the duties of the directors were now almost at an end. The line was open, and would, he trusted, prove pnititable, not only to the shareholders, but to the North Western Company, by whom it was leased. Ile had to express his thanks to the North Western directors for their valuable assistance during the period of construction. Had the Buckinghamshire directors possessed from the outset the experience which they had now, they would, no doubt, have attained greater economy ; but they had done their best under the circumstances, and most of their labours were now terminated. The minutes of the last meeting were thou confirmed. The Secretary, Mr. Welkin, read 1 the report, which appeared in our paper of Tuesday. From ; the accounts, which were also read, it appeared that the total ex penditure up to the 30th June was 1,19V,811. 176.51, leaving a balance in hand of 4,0141. 14s. 4d. The Chair man, in moving the adoption of the report, said he felt it right to inform the meeting that, though it was stated in that document that the lease was duly sealed and executed, such was not really the case. It was, however, entirely through an accident that it had not been done, and it would be done in the cour,e of the day. The local direc , tors had taken the greatest pains to hose the lease properly drawn up, not trusting to the North Western board, but endea vouring to secure a form of lease which would be satisfactory to both parties collet raed.—Mr. O. C. Glyn, M.P., seconded i the motion. As regarded the deed, he begged to state that it was only the actual manual labour of the engrossing which had caused the delay. There was no question in dispute, but the solicitor's clerks had not been able to engross the deed in time. A Shareholder wished to know whether the chairman I could give the shareholders any idea of their future , pros pects.—The Chairman said the only fact he could state was 1 that they were sure of 4 per cent. The rest must be left, ; but he did not despair of getting half profits. The report 1 was then adopted. Mr. It. Curter and General Maclnnes were re-elected auditors. Sir 11. Verney having entered the roam in haste just as the mectiug was about to break , up, entered iuto some statement , ' tending to show the sal.- ' factory nature of the company's prospects, more especially as regarels coal traffic, by which, according to Mr. Alder man Sadler, of Oxford, the city of Oxford had already been 1 Liana no lea : than 90,0001.—A vote of thanks to the chair man' and the board generally terminated the proceedings. Kau intelligence. PREROGATIVE COURT.-YESTERDAY. Parogat eo■ 11. J. ltot. PITTS AD THIOIIATt 7 .PITTeI.--iiCESSIVI: COSTS OF LITIGATION. The facts of this case have appeared. The court delivered its judgmeat to-day. The learned Judge said Mr. Thomas Pitts. the ilee^ased in the case, died at Plymouth, on the 12th May, 1819, at the age of 87, leaving a will hearing date the stn Novem ber, 1848. At the time of his death he had about twenty next of kin, composed of nieces and nephews, and grand. nieces and grandnephews. The property left was a little above 3,0001., but (cum that antouut 1,11001. would have to be deducted, such sum being due un a post obit bond. The property, therefore, would be redueed to about 2,000!., and for the purpose of ascertaining the rights of the parties to this small property two large volumes containing a mass of evidence, the learned judge said, had ben pro duced. The court would he glad to know, after the costs of the suit were paid, how much would remain for the parties concerned ? It was not only dissatisfied, but really dis gusted with the expenses which had beon incurred in the prosecution of this suit. The parties contesting were almost paupers, although Mrs. Liddle, a niece of the de ceased, was, in point of fact, the principal mover. IVltat ever might be the result of his (the learned judge's) deci sion he woo not at all prepared to say, but, looking at the bulk of the evidence, and the court never rementleered to have seen so much trash as was to be found in the composition of these two volumes—that either party would be entitled to costs against the other. The will propounded in the ease gave to all the nephews and nieces to the number of 20 a legacy of 201. each. And to the grand-nephew, Mr. Thomas Pitts, who was named sole executor, the whole residue of the property. The instrument was drawn up by a profe , sional person of high standing and character at nymouth, a gentleman who had been the solicitor of the deceased for 30 years, and although it certainly contained a disposition contrary to the spirit of former testamentary acts, yet, when the court considered that Mr. Thomas l'itts had fur the last two years of the do • reased's life devoted nearly the whole of his time and atten tion to him, it was not disposed to think there was anything unnatural in the alteration of the testator's bounty. After travelling carefully through the voluminous evid :nee, the court was of opinion there was abundant proof of the de ceased's capacity, and therefore pronounced for thu validity of the will, and decreed probate to be delivered out to Mr. Thomas l'itts, junior, as the executor named in it. The court trusted that proctors would have a little compassion on their clients, and not allow them to plunge iota such . uormous expenses. CLEAtt,uN TLAGM—INSEUTION OF ADDITIONAL WORDS IN A WILL. This was a business of proving in solemn form of law the last will, and also a codicil, dated respectively the 2"ith Jan., WS, and the lit Nur. in the same year, of Mrs. Sarah Bowditch. of Newington deceased. The testatri x died on the iith May, ISI9, ut the age of 79. It appeared by her marriage settlement the deceased had a power of appointment over 1,5001., subject to the life interest of her husband, and that the will before the court was drawn up in pursuance of such power. The validity of the instru ment generally woo not questioned, but the introduc tion in it of certain words was °mimed, on the ground that they were inserted without the knowledge of the deceased. The parties in the case were Mrs. Clearson, the widow of a nephew of Mrs. Bowditeh, and who was appointed with her daughter an executrix of the will of January, ISI9, and Mr. 'ft-ague, the deceased's solicitor, also appointed an executor under the same will, aril sole executor uotl, r the codicil of Nov. 141 9 . The capacity of the deceased W:l4 not impeached , but it was alleged on behalf of Mrs. Clemson, that the clause inserted in the will giving a legacy of .XJO(. to Mr. 'I vague, and likewise the words in the codicil appointing him sole exe cutor, with an additional legacy of ;W. for his tremble as such; were omitted to be read over to the testatrix at the time of execution, and that she was in complete ignorance of their farming a part of her t estanuntary papers and that she had made numerous declarations of a contrary tendency to such elaus,s. On the part of Mr. Teague this allegation was met by a statement, to the edict that the will was in the deceased's custody, and was read over to and approved by her previously to its ext cation, and that she was fully COglaidttllt of the valet of both the papers. Dr. Jenuer (with whom woo Wr. 'Hayford), on behalf of Mr. Teague, %Omitted that upon the c lilenee it was quits. clear the will of Isl was in the deceased's li...session for three weeks before she executed it; that subsequently to the execution it remained in her possession up to the time of the execution of the codicil in November ; that the will itself was read user, and that site fully understood the con tents; and that although she had the codicil in the room sometime before its execution, yet that she read it over at the execution in the presence of the witnesses. lle fla. mined the capacity of the testatrix beim; unimpeached, and there being nothing to subtract feom tlto evidence pro duced, Mr. Teague was entitled to probate of the instru ments with the words pnfoomuled. Dr. Haggard and Dr. l'hillimore submitted that probate should it. out, excluding the beneficial clause* inserted in favour of Mr. 'Emigu., who was the attorney of this old ' hely, and drew up the will utaler whieb he claimed for his own benefit 500 f. out of the I,rinnt. stock. _ _ The learned Judge said this case rune before the court under circumstances of great peculiarity, fur both parties were prayitar for probate of the same will mad cdicil, though in a different state ; one party praying probate of the instruments in their entirety, and the other party praying fur the same probate with the omission of certain passages. Atter going through the history of the case, which the court said lay in a very narrow compass, and commenting upon the evidence in support of the execution, it was of opinion that the will was Co. net of a capable te.» tatrix, as was likewise the codicil of NOVimhcr, ISIM, and that they were both executed by her with a lull knowledge of their contentt. It decreed probate to Mr. Teague as thy sole executor, but would make no order as to costa. COURT OF BANKRUFIVY.—YEsTERDAY. &WPM MY. 0111X1.1°,14.% FONIILAMat IN ILE Dr.vr.y. This was the certificate utecting in the case of C. T. 8. Derey, auctioneer, of Woburn. Mr. Linklater, in support of the bankrupt s application, stated that this ease by in a small compass ; the liabilities were only 6791., and the assets wen, nearly sufficient to cover them. Ile had begun with a sm.dl capital ; but the moment he found it was insufficient to enable Lint to carry on business successfully, he had taken steps to wind up Ms affairs. Mr. Ashurst, jun., opposed fur the assignees, principally on the ground that the bankrupt had omitted from his balance-sheet sonic of his debts, and that there WAS a dis crepancy in his capital account. Mr. Linklater said the omission hail arisen from uncer tainty as to the amounts. His Honour ohserved that as there had lawn irregularity, but no wilful mi,statelucut, he would grant a second-class certificate. He should refuse any allowance to the ac countant, as lie dill , not appear to 'hare performed his work 'th well in this case. e use of an accountant was to sift the conscience of the bankrupt, which he had failed to do. TRAMEIL MAITI/it SUMMONS. In the ease of a summons taken out against a trader debtor, Mr. Bagley took objection to the summons u in formal, because the mortis " of demand" were omitted from " the particulars of demand." Ills Honour held that the objection was fatal, and dis missed the summons with casts. BURY COUNTY CYAtT. TEE EARI. oe DEEM: V. I/MUMMY OF THE POOIL OF This was an action to recover possession of a building. The defendants arc tenants of a building called the Bury Workhouse, and their notice to quit having expired the plaintiff sought to eject them. The case was heard a fort night ago. The real objection of the defendants is. that they have laid out large sums of money in rendering the building suitable for the purpose of a workhouse, and in im proving it, but the legal mid technical objection taken by counsel at the last sitting was informality in service of no tice, the overseers not being the occupants. The decision was postponed to yesterday. Ili Honour (Mr. J. S. r. Greene) said on the applica tion for a warrant to take possession of a building at Bury, the law was elaborately discussed at the last sitting of the court. Ile should pass over the objections to jurisdiction ' and go at once to the main question, which he thought was disposed of by the 9 & 10 Vie., c. 9.i, it. 122. On the construction of that section he was of opinion that there had nut been in this instance the requlsite summons. The word " person " in that clause was really equivalent to occupier, whether the inuutsliate tenant ur sub- tenant ; and! as a summons, according to that interpretation of the clause, must issue to doe ‘. person neglecting or refusio2 to deliver up possession," it must issue to Bit: occupier. LAU summons in this case, according to the evil was to the tenants. The defendants were tenants to Lora Derby, there was a full occupation by others. lie could nut, therefore, direct a warrant of possession in this case. Them was another summons by his lordship against the board of guardians, as a means of obtaining possession, but the hearing was postponed to suit the convenience of coun sel, for a fortnight. It is understood that his lordship's ! attorney, however, taking a hint from the tletision as against I the overseers, will not attempt to sustain it, but take out a new summons against the real occupants of the workhouse —the master and schoolmaster. 48$IZII INTELLIGENCE. HOME CIRCUIT.--CROYDON, AucusT 13. Beast LORD CHIV., JI,TICS 361111, can • 8P1.C1.11. Just. SULTIN V. DE. HELD. This was an action to recover damages for injury sus tained by the plaintiff, by reason of a nuisance occa sioned by the defendant. Mr. Chambers said that the plaintiff in this action was a merchant of the City of London, and he had instituted present proceedings, in order to relieve himself and his i neighbours from u most intolerable nuisance, for tho eree i tion of which the defendant was answerable in point ! of law. The plaintiff had fur several years occupied a house in New Park-road, Clapham. 'Pais house was i formerly a large mansion, and it had been altered into I two residences, and somewhere about the year lts4b, the other portion of the premises was purchased for the purposes of a Itoman catholic society, called the Redemp torist Fathers, of which society the def. hdant, Mr. De Held, was the superior. It appeared that the tooment they took possession of the premises, they converted it to reli gious purposes, and a large belt was placed at the top of the house. This bell, as be was instructed, was almost con tinually ringing from morning till night, commencing so early as . o'clock in the morning, and it was very soon found to be a most sertons nuisance not only to the plaintiff bat also to the whole neighbourhood. At length a commu nication signed by the plaintiff and several other gentlemen was sent to the defendant, complaining of the inconvenience that was sustained from the tolling of this bell, hut no notice was taken of that communication, and in December, 141 H, Mr. Field, a professional gentleman, had an interview with Mr. Hosting, the defendant's attorney, on behalf of Mr. Soltan, and upon the subject of the nuisance that was com plained of. Mr. naming acted upon the occasion with the utmost courtesy, but on the result the defendant declined to make any alteration in the proceeding of ringing the bell unless he was compelled by law to do so. For a short period after this the hour for ringing the hell in the Morn ing was changed from rive to six o'cloa, but the old hour was very soon returned to, and that continued until the commencement of the present year, when a much more serious nuisance was created. It appeared that the society had built a regular belfry upon a portion of their pre mises, and having removed the bell from the top of the house, they now had a regular peal of six hells, which, according to his instructions, were being continu ally rung, and which constituted the most serious nuisance to the whole neighbourhood. The ringing commenced at 5 o'clock in the morning with the smaller bell, and then tho other bells were rung at intervals during nearly the whole day. The plaintiff and his neighbours remonstrated with the defendant upon the subject of this serious naisance, but it was of no avail, and he instantly told them the be):, should not be stopped unless by tit. law, and under these circumstances the present action was brought, and ho had no hesitation in saying that he felt certain that Vie de fendant had no excuse or law for what he should clearly prove to be a nuisance. Ile did not desire to cater into any religious controversy, or to introduce matter of that description into the case, bat li apprehended that neither a Doman catholic place of worship, nor one of the esta blished church, would be justified in committing an act of this description in such& manner as to render it a nuisanco to the neighbourhood. Before the passing of what was called the Catholic Relief Act, cathobe places of worship were not permitted to use twits ; and although they might now certainly dos«, he had yet to learn that any religious (weicty would be juAillial in taking a private house close to valuable property, and, having converted it to religious purposes, create a nuisance of this description, which, it was inipos•ible to say, could be necessary for the proper Carrying on of their religious creed. The learned counsel eouctuiled by expressing a hope that no religious contro versy would be introduced into the ease, particularly as the lira erection of the nuisance was in ISIS, long before the proceeding which was known :is the papal aggression had been taken; and although this had no doubt created a good deal of excitement in the public mind, ho trusted it would not have any etKet upon the present inquiry. Until the placing of the first bell the parties had been on the most neighbourly and friendly terms, and the only question now to he decided wa• whe ther the proceeding of ringing these bells in the way he had amounted in the opinion of the jury to a nuisance or not. Elisabeth Adams deposed that she hail been in the ser vice of the plaintiff fur sit years, and wlt:n she first en tered it the pre 'sea now occupied by the defendant wens occupied by a private fondly. Directly the Roman ca tholic society took possemtion of tit , premives they pulled down the tress, and convened the 114 floor bat., a place of worship, and shortly afterwards a b:11 was placed on the roof of the house. 'the bell was rung all the year round nt five in the morning. It rung for five minute , . It ring loud enough to steaks. everybody in the house, and it was a long time Moro she got used to it. This 1x•ll was also rung at five other dif fermt time'., and sometimes seven, during the day—at five, at ft quarter to 111 Vclll, a smarter to Mile, at twelse, and smnetimes at three in the afternoon. On Clillesil%), a n d Saturdays it was also rung at Itelf.p.uit six and .141. t. She remembered the new belfry heim built. The fir-t p. d of bilk she heard was on the 13th of May. They were rung at bile in the evening. They were also rung the next day, but she could not say how many times and since then they had been rung continually, both hen Sundays and weekdays. Chimes were also rung Ott the Sundays. The satall wit wig. rung at five in the morning, and then a larger bell was rung at a quarter to seven. At half-pnAt seven the small hell was main rung, and then tk: large bell rung at a quarter to nine. The effect of this e tatanued rioting was to cause such a contusion nnd nobe in her master's house that they did not know what they were about, and they could not tune when t h e house bear w. to rung. The plaintiff was no elderly gentleman, and his family consisted of a daughter, two sines, and throe Arend children. llis daughter was in ill health, awl she bad been removed Vs Uxbridge. Thee himing of the habitue& a very gnat nets.., and it was very !suffusing and annoying to the ears, and the continual ringing of the hells made every body influe house uncomfol table. Crass-examined.—Wheu she hied the headache the bells used to make it worse, but she kept her place notwithrtancl g the inconvenience she sustained. The first twit at the top of the house war a very =moving bell, but the eaters that were put up in the Veliry were a good deal more troublesome. When the bell was rung at nine in the morning it only gave nine strokes, three times three, and then there was little tink ling, but site should say that it lie.T d for five minutest. The bells were first hied un the 18th al May. Tlo.y wire rung the next day, and again upon her Majesty's birthday, and Whit Sunday and Monday. They were rung upon other occasions, but she could not ree:illvet the dates. The largest bell was the worst of all. It made a very dreadful sound. (A laugh.) She only heart this bell twit, a week. Iler master had a bell which was rung by him to tire at meal times. This bell did not annoy her at all. The Chief Jugiee. -It WI. much more hkely to annoy thme who were probably he , titm next door. (A laugh.). , truss-examination continued —' lh ionall , bell could be htanl all over the 'mow when the winduwa were open. She did lot know what the early bell waa rung thr, or what the ringing oif it meant, or whether it had anythilig to do with any religimn ceremony. Mr. Chambers-Dicl the holy loretlnan ever make A com plaint of yunr maters dinner bell? Witnow—No, Fir. Mr. Fret ark llarrison, nephew to the plaintiff, said that 1w had been in the habit of occasionally residing at his house, and he had repeat-41y been awoke by the rir ging of the hell at live o'clutk in the morning. Ile described the rinuing of the tither bells as a very gnat annoyance rail caused the house to shake, awl when they were sitting at talde after d' r the noise prevented them from hearing one another speak, and it was impossible to read ur do any thing that required thought or mental exertion. Mr. Benjamin Field, solicitor, deposed that in August, Deli. he had an interview with Mr. Misting, the solicitor Mr the defendant, upon the salnect of the .thnoyance that was occasioned to the plaintilf by the bell at the top of the house. Mr. Hosting said that he would we Cardinal Wise man upon the subject, .111(1 see it anything could he done, and when he saw him again lw told him there were religious considerations that would prevent the discontinuance of the ringieg of the bell. Witness resided at Clapham, but at MOW distance from the plaintiff, uuil the bell therefore was not so much annoyance to him. The effect of the bells in the belfry upon any one in the plaintiff's house ./.04 most di-tre,ing. The 'se wit, quite tom ling, and Ms should nut think of taking such a house, or tit living M it. By Mr. 13ramwello-Mr. Mooting treated hint very cour teously. Ile told him that the particular object of the society was to provide for and take care of the p.m Ile did nut tell Mr. limning that the ringing of the lad! in the morning was offensive to the feeling, of the nuMhbourhood because it was supposed to be done in honour to the Virgin Mary ; but he might have said something of the sort. lie mentioned this :as being an aggravation of the nuisance. Mr. Matting said that all good catholic, knew very well that the bell was rung at 12 u'elork in honour of the Virgin Mary. When he saw Mr. Ilastimt the seismil time he s a id he had con tilted the potpie catholic authorities, and lac found that there were religious considerations whirl, would prevent them from puttiug stop to the ringing of air het. Ile %whored that the plaintiff had some idea at one that, of selling hi, bowie, but that he would not dispose of it to any Roman catholic. One or two other gentlemen living in the neighbourhood were then examined, and tiny all di posed to the g reat noise mad inconvenience occasioned thereby by the hell s. Mr. Thomas Hunter ' hairdresser, a laving near the new belfry, also spoke' to the alleged nuisance of the hello, and -Mt that the sound rushed into his shop and prevented him from hearing what anybody said. lie Mr. Bramwell—This property and some other which had . be e n turned into a nunaery, sus purchased of Sir W. Pearson and Mr. Cathy. Both these gentlemen died within -ax months after disposing of their property to the catholic!. Never said it was a judgment upon them, but he certainly thought it was rather singular that they should die so soon afterwards and of the same disorder—a disease of the heart. Ile did not know what was the object in ringing the bells. ignorant of catholicism, and wished to be so. Ito looked upon the proem dings us being nothing but mummery and superstition, and he considered that this aggravated the mini-goer. Mr. E. Soltace, the plaintiff's son, also spoke to the as- , napalm.: occasioned usually by the single bell, and to the additional AlloallMe caused since the belfry bud been. eteeted. Mr. Taylor, a surgeon, who attended the plaint:11"o fo mily, said he thought it edvisable to order his daughte r to be removed, owing to the excitement and noise of the bells affecting her health. Ile also said that he considered that the plaintiff, being an elderly mau, had suffered in his health from the same cause. Mr. Franks said that he saw the defendant mire the subject of the bells on the led june. Ile told him Vast the bells were a very great nuisance to the plaintiff, and ho wished to know whether he had the power, aced if so, whether he had the will to put a stop to the ringkig of the bells. The defendant told him that he was the principal of the society, but he should not stop the bolls lentil the law compelled him. The witness added that he croddilered the. bells were a most intolerable nuisance. Mr. Gadsden, of the firm of Musgrove and Gadsden, unes, tioncers and valuers, deposed, that according to his opinion the effeet of the bells was to depreciate the value of the plaintiff's house very considera'fly. At present he paid 1.10/. a year for it, but he considered that if it were to let it would out be width more than SW. a year. This was the plaintiffs case. Mr. Bramwell then addressed the jury for the defendaut. Ile said he had the honour to appear on ,behalf of Mr. Be loud, the superior of this religious association, and with o ut entering into any matter of a controver-hit character, he thought he was, at all evonta , justified in saying that, whe thee the religious views of that society were erroneous or not, it could not be dmied that the object they had in view of providing for and succouring the pear of the district, who stood so much in need of that insistence, was, at all events, one of a moot praiseworthy kind, Ile and the other mein. hers of the society thought thnt they were doing right, but at the same time, he, on their behalf, was instructed to deny that they had any deslre to annoy their neighbours or to arrogate to themselves any rights which the law did not wooed to thou. Theis object is *Kati% this ocii-