The Express. — London, England, 1850-05-28 00:00:00

UNIVERSITY AND CIERICAIt oufnu;.siAT n.—T.. following Roos lint, los liter 4 Affiseioratts, has this day been publistitd by the saantinisg marks& : ssL—Charles Saville Cann sa , comonet, Bs ; Wil lislienry Cartier, scholar, Trinity ; B. Vann, . mumaitar, S:. Mary Hill ; Uteri's W. Kitchen, student, Christ Church. elms 2.—Jobe Ambsty, edielat, Bressems ; Minty M an, semamer, trsimishy ; Thomas C. Barka, statism, Chem Chum! ; }lvory 14. Batty, post master, Merton ; Simla W. Brom, scholar, Etter Robert B. Brim. Mbar, Liman ; Waist K. Brie;ol, sehelar lan I Wain Cr sabers, scholar, Worcester ; Francis T. Craw , MIS., Corpus Christi; 'William R. Camay, mow airincr_ ; Maurice Day, osholar, theleereity ; WiLiaa h. Deism, ecasasest, Triune ; W Wise B. Dosses. cum. Ineest, Wa lt ham ; Remy 8. Fman, weak', and Wirliam Orp 'choler, Positron , ; Beery P. !Melte, student, Christ Munk , ; 'Motu A. Illarshall, 8.0 L., Nam Ins Rail; °Marius 041 e, scholar, ; Seery Parka, sehslar, Thistraity; Hairy Wadhant, labeler, Corpus ands lifiasy Wilful., ad, commostsr, Lincoln. Cho —James 13t. J. 'Lunt, cormaceser, &Rol ; islismed Ike se, comm:ner, Vener•ity ; John Bind, exhibitioner, CUM Church ; John B. Burnet, exhibitioner, Oriel; Men lo ins F. Orignea, scholar, Pembroke; William H. Harrod, himmoner, Da'101; Joseph Kayo, post motor, Horton; Arthur 8. Letter, COSOMOINT, Queers'; Riehard L. Pssesil, iellibitinotr, at.: Frannie 0. Baud s-Lestsl lees, student, Mist Church ; R.chad F. Shockley, enrimoner, Raster ; Cherlss Snell, somagest, wad J.S.R H. Wauklyn, ass maw, Trinity. • Clara 4.—h :but T. Brunson. commoner, Pembirtha ; Jam B. Bern, cosseasser, Christ Cutter's ; Rabin Trickar v Tn Q .era ' s; drugs R. Fielden, meow.", Chris. Cheri; Bs sty Yowler, commoner, Rotor; Weber M. Isms, eumnsoem Baliol ; Henry Millet, Deny, Maidebe Freers Falser, Patmatar, Minos ;it chard J Itim. simatsier, Entler ; Abet C. Smith, comenmer, Worreater Jibe F. Ty 10T, cmtetsair, Wallas; Thomas U. Wi.kin gm Na....?, hrassaese. an. C. B Baat7taZ., X►glshone. RIPIr. W. U. Hid, to 81. A-idrew P.C., Birmingham, w}M 1301 ; rat., the b6hop and Mamma. Bev. B. B. Davies to the stipendiary wary of Tod swam Be•. Wm. Cementer to the ministry tithe new church in liesaideld, Mots Side, Id•neeeeter. lAVAL. Pinennonn, MAT 25.:TM17berty. 16 guns, will be Winched at this arsenal on the llth of the issuing month. ivory tandem al Selo, needs to complete her by that period. ?be drills et the dockyard battalion are promo:Una every evening when the notch r permits. Oar esenty Ywnninry Cavalry are to be called out on permanent duty the fleet week in August. SPORTING. TATTERSALL'S.-.MONDAT. DEIST. 4to apt Yr. W. Zdwarde ad Iltifaibrate (t 9to 2) 6 Mr. Jequees Maw 13 Lord AirtWe C.iatber (t ) 13 Yr. Ondwieke's The miner (t tarty) • Kr. IL ann. natant kt) 13 Lied lathier' Voltbrear 2) lord lEsoter's :Cowbell (5 freely) Wolof laduaonu'eGtollteCallura Y Per.O•eaea's Dimas 40 Yr. llbores Captain Great (0) 1010 30 Mr. Marys arena= 1 Dlr. Ore OW. Grano 40,10 W Mr. XwelreAlone3 (t) Tbe 1100 13 let. Owner's Martyn 9trear 9t. Yobbo ((0(t) lON 10 Lord ZsibroWeilovore (t) IM 10 Yr. Dhow. Baas,' IWO 10 Count &abysm= (5) IWO batmen tie Swede sad 91. lOW to W ea Cariboo apart Wan Jay(' to le lad lee time that Deissto PPM Nelksgteak • was very steady thresaboat the afternoon at 4b 1, the 'lighten StiValle, oa which w ald have hers Sass is ram qww*.ers. Mildew was slin fire, sad large tam web laid mat on the Maga at 8 to 1 and i 5 to 2, on ribbed at Bto 1, and on Natahell at 23 to 1. Clincher at sae noment was at 9 to 1, laid thee. or tour times, bat Muss spin" sal e.osid at 13 to 2. Talteme ales impromei ditto OhiUie Callum (on an outlay cf nearly 1,0031. at 110 to 1). Deirson and Captain Oraat. Of the extreme outsiders St. Fabian lad the Swede wee ea ,st in favour. The Italian was backed at 2; to 1 in hundreds, ma in mu minutes after was at 1.000 to 10: it is doubtful if Other he, 'Jason, Binary, 81r Cltulb, or Python, will star:. THE OAKS. N 3 bon's; worth goofing. rCKET. TWO SELECT ELEVENS OF THE M C.C. In tsriprom --- weri in the LegLeboae , u in other elcbs, there is a peewee charm offersd f:.r the number of member% frn tike part in the Mesday's match than In any other wadi ,n me stns.'s, and thee it will be found, and very properly 'eyed, that the names of several gentlemen hithert) un known to fame as 14.C.C. players have taken a put in this snatch It will be seen that whilst on the ride of Lonl Guernsey the fits. Oriraston ootiinod the mijaity of the score, so on she side of Mr. Kruk:toe Mr. C. if liars WM by far in the weendant. The latter eleven pined the match on the first inninp by 59 rune. The score was as follows _ Lovb CirtaxsiA's Sznc.. ------ . —.. _. H.o. R Gt I.oon. b Bois, .... 23 o Buyiey, b Rny.tua 9 Su , T. Moncton., b 4.ty*y T. C. To soar. L...., b B 447 Lord Cuero, ey, Ict mkt. b Mlle,- 0 out out 6 3. P. Mayo, Zvi.. b Royston G. K. Bran, Zig., e. lien. b Replace -.... 0 not oat 6 C. agree, kaq., sot est ..........-- II 0 Barker. bllaytey 0 Diver. b Bayley . - 3 -. W.L,..L.., ifr;,• RoyTtoo, b • Bayley Blab* a Nal I. Bayley .. . - ... $ P. Bow, Er ;., e Wallsma. 0 Day. lay - 4 b Repko ....-- ........ I Bye. 1; I 1,, I -. Byte Abr. KrianoVs &pc Liffiter. Eaq., b Dalai — 11 Illaggartb, is+, s d b 13 la kt oubtao. b Tayirs... 3 C. U. Ilea*, set as ... • C t .o. Wnne, b Grae r. E rem out Ducknortn, vq., b Diver 4 The slew bowling et Bayley Kleiman DI • loam 'sato b, A. Kynaatein, Dq ,e Willlatna, b Direr Hon. CoL Lkldell, run out Royston, e Mayo, b Taylor Bayley, a Diver, b Taylor Eyes, 19; 1 b, 3; w, G 2O ... was the =tin obstacle to th , r the noble president's tide. lidn intelligence. COURT OF QUEEN'S BENCILYIIITERDAT. NI-TIMIS n 114YCO. TUT QVIZI7 O. Ilitoa 07 DOWNTON. Mr. Partly m iced for a rule to show muss why a manda mus should no: issue to Mr. Hobbs commuuting Mato de liver op the sanyoralty mice and the other insignia ot the office ot merit ot the borough of llstecton. When first sp. Plied to for the ins , gnia by t.is snectsr.r in office, be declined fri•i•E It op, on the ground that the, borough was Lidebtod SO lan fee certain diebersemelts made by him while in WIN is be b-t elf. He afterwards aiifted Eb orouad, end ammaal Lissa; o'i the scare that he had seat the mace es In milked, and that the repairs world coat 111. This inn the applicants awed to pay, sad cleateaded the same of the party to whom the mace had Urea entrusted to be repaired. Aea WU of a silversmith, stated by the defendant to live an Bodflekt, bat on march below nude no men piny . was to he knead in that bormeh. The doe landant bad slits Ikiitirt4 up eons of the Malts* bat Mill retairs•d themace—coadint on his par. whioa mad., the pima% appliestile useveitlabia It iris the meow la Dowstos for the se m to WV= In of the sage derima his tern *lofts, end the had rim b s be hove that It yes is the peetenies the defeseant. Wok pasted. COURT OF COMMON PLEAS.-YISTEIDAI. Orrnsos is Davos.—D&•uss LOLD Cuiry Jrnies WILDE, Ma. JI erf • Xnt Li, NIL Jima CAINIMILL. AND Ma. JVIITICS /th. THE GORHAM CASH. Goalux v. Tun Humor or Urns.. la %issue tLe loan proortded to deliver ill judgment, a oreassery of erk:ek was gives la yesterday's &wets. The Cord Chief Justin; aid:—ls the course of last term 'hie court was moved on behalf of the Lord Diehl> of Exeter for a sale to show eases why 'prohibition should not tenet° be &rester to the Right Hon. Sir Hubert Jenner rust, • De SR of the Aches, to prohibit hiat from instituting sad isdar.ing the Lieu. George Cornelius Gahm to the vicarage and parish church of Brampford Spell, ia the comity of Devon, or otherwise executing • certain order of the Queen in c spoil made in that respect. This motion was founded upon an affidavit, which Saud that the Qtr.'s was patrons:: of the vicarage of Braspford Bpeke, in the county of Dzeron, sad th a t h er Majesty duly presented the ea d 0. C. Gorham to the said T immy.. and that the bishop proceeded toessoice the said Mr. (herb's, as well he to his Leith sad doctrine sa to Le hissing, morals, ability, and sufficiency, sending to the laws tech siastical of this realm; and tiess the nishop did de. herniae that the said Gorham did hold doctrines and opt sions eoutrary tes the true Christian faith, contrary to and inounaiatent with the doctrines of the Cltureh of England, the Thirty-nine Articles of religion, and the book of Common prayer enjoined by the Act of Uniformil, paesd in the 13th and 11th years of the reign of Charles 11 , and that in con sequence the bishop heed refused to instituto Mr. Gorham to the said haler. That Mr. Gorham bad instituted a duple' Thula in the Arches C.art of Canterbury, end that the judge of that most had determined that Mr. Gorham did bold each uns nod doe-tents as had been imputed is and that be was therefore unfit to be appointed, instituted, and inducted, to the sail living, and thereupon the said sit was dissolved with e 1 1 ../; and tbarsains .lr. Gorham ap p•alct to bar Majesty, who referred the pethis to tie judicial essittee of the privy email, wk., re ported that the judgment es;:ot to be serrated, mad that no sniff ient cause had been shown why the said Mr. Gorham should net be Instituted, inducted, sail adwit•ed to the livio,t , and that the cause should ben , seethed, tt at justice, might los does in that behalf. And futhor, that ha Majeaty, by ea ardor is conceit, bad di. THE EXPRESS, TUESDAY EVENING, MAY 28, 1850. mu d *moo report should be observed, sad serried iato a•eutioa, sad that the sail's bad boss remitted ageordingly, sid rust the official pa pal el the Arehse is pro s/odic, to cagey that report sad noommenda ties ism menial and that the bishop has been toned with maniacs" to Mara the letters latest of the present a s. ice of the sai d 0. C. Gorham, and that she bishop was aeiviod that b bleserty lad no authority le melba politica to the of the plky watt cal that the PAM esalinittat had as peen to oweelfier nt h matter thereof, we make any repose or Mine stemiatien erms, and that her Melon, had ao nossW to make the ceder in sound], mad that the Arebbishap - 001 a turban has ao power, either by himself, or to authsolue rag sae to admit, iestitute, and induct the said 0. CI. iledw sod that judgment of the Dean of the Oint b ICU in forge as •• valid joderreent, and that the iota set aware that hir. Corbels was entitled to gra ere the Lau est forth Is the affidavit, ma the asonnit • whisk ski peekibitioa is prayed an, that eh geed the of the Dun of the Arches la this mirk tho Qnta in council, or, in other words, to the anmillee of the Privy Comma, bat that the spina ben fb illiblattat of the Dian of the Arches lay to the Upper ism of Cnvocieion This goortion dined, upon the sew Menstien of a statute made and petard in the 23th of Henry Till. cap. 19. which statute mast be construed in connexion with the 24:h of linty VIII. cap. 12. By the 24th of Wary VIII. sap. 12, it was provided that appeals in nets eluded imams ware forbidden to be made to Rome in the Meese of men mentioned, and were required to be made to the tram& of the res . = as tbereiothaentioned; and by seat. 9 It wee UMW that, in case any of this clams sea dosed Anti touch the king, the p sadarty &mid appeal to the Upper House of Coanstatilla, the de termi anion of the said Upper Hone of Owned= appertsiainey to the King shosli be taken fag • hal &ease, sever altar to sense to be debated or examined is -ay other court or courts. By the 25th of Henry VIII., esp. 19, entitled the " submit sin of the clergy and restraint of appeals," it is meted by see. 3 that after the day therein named no manna of see peels should be made out of the realm in any sane Cr matter havieg their commencement in any court within the mho l ei what nature, eouditioa, or quality SO•Ter; bat that all ninon of appeals, of what nature or condition men they should be of, and what raw or winter men they concens, alienist be made, aid bad after such manner, form, and condition as was limited to appeals in the causes menticaed in the statute of the 24th of Henry VIII. and mording to the form sad sCret of that statute. By settles 4it is enacted that for lack of justice at or in the courts of the archbishop of this realm or in any of the king's dominion it should be lawful for the party to towel to the Kieft in Chancery, and that a cora messlon should thereupon issue to cortain persons to hear end de ermine the same, area wholes determination should be de deities and no (artier appeal should be had. By the Bth minion it wee provided that all appeals thereafter to fished or taken from abbotts, priors, &c., of houses and pleas exempt in each eases u they would in tonnes times makt an immediate appeal to the Pops of Rome, in all sash menthe party should have the right to appeal to the King in Chancery in lake manner and farm as before was used in appealing to the see of Rome. The present applieaticm dose not relate to a mos within either cf the enumerated classes of cassia the statute I of the 24th of Henry VIII., bat refers to so appeal en scribed and regulated by the 25th of Henry VIII., end this application mainly depends upon the construction of the latterthuntioned statute, and two principal questions in the ease to be considered an—first, whether the 9th section o' the statute of the 24th of Henry VIII., which enacts that say ease within either of the enumerated classes of cases which shall touch the King, the spinal shall be male to the Upper House of Convocation; and also, whether the 21:h of Henry VIII. is to control the statute of the 25th of Henry VIII., and if it should be found that this is the correct construction of the statute of the 25th, the the second question will arise, vie., whether this is a case which touches the Queen. la eon s deriag the question whether the 9th section of the statute ef the 24:h of Henry VIII. ought to be deemed to be intorno rated in and t 3 confetti theststate of the 25th of Henry it is to be (than red that where it was intendelby the statute of the 24th of Henry VIII. to make a distinction I. the mane to to pursued on appeals in OWN which should touch the King, from that which was to he partneri in all other eases. It was den* in express terms by the 9.h teatime of that statute, and that provision, its view or motive, it was admitted, could not have beau out of it ind in framing the statute of the 25th of Henry VIII. Further It is to be noted that the third toction of the 25th of Henry VIII. is altogether general or universal in its terms, the terses s a "appeals of whto nature or condition stover they sr what cause or matter never they should clams. be made after such manner, form, and condition as bed bee limit .d for appeals in eases mentioned in the 24th of Hoary VIII., and according to the terms and effect of that eta tato." The words is this section, which are relied upon as having 4.0 glint of iaterpreting by implication that which bad been enacted by distinct expressions in the farmer statute, via , the appeal to the convocation in matters which touth the Kit g, ere the following :—" After such manner, foam, and condition as is limited for appeals to be prosecuted by the statute of the 24t3 Henry VIII.' It is, therefore, to be ascertained, first, what was " the manner and form" limited for appeals by the statute of the 24th Heary Vlll. These words " la manner and form," found in the 6th section of the ate tut., in liming the appeals, are thus used : " They (that is the parties to venom the appeal is to be given) should and may from henceforth take, have, and use their a p peals within this realm, and not elsewhere, in manner and as hereafter ensastli, that is to say." Ts* statute then proceeds to state in substusee that all appeals from the archdeacon an to be made to the bishop, mid if c on:minced before the bishop, then within 16 days to archbiet op, ald then to be d•fin'tiv.ly adjudged If' commenced before the archdeacon or the commissary of any archbishop, then within 15 days to the Court of the Arches or audience of the archbishop, and from the Court of Arches to the archbiehop, there to be definiinly determined. These provisions ore inserted in the printed statute as three sec ions, but they are in troth part ut the 6th section, sad indicate the respective modes of appeal, ant they give I the mode in which the appeals referred to in the 6th entice are to be respectively made. In a subsequent modes preceded by distinct words of enactment is a provision "that any case within the enumerated classes which should be commend before an archbishop should bs finally deter mined there." Thea follows the 9tb section, also preceded by exprca. and distinct words of enactment, in which an appeal is pins to the convocation in cases in whi.th the King is touched. Tao meaner and form mentioned in the 24th of Henry VIII. would not appear to have reference to the appeal given in suits which touch the King. The word emblem tomtit,' to be considered. This word " condi tion " is to be found also in the statute of the 24th of Henry VIII., and reference to that statute for its taming (proper in any case as being the language of a statute in put mated') becomes mote important on this occasion, as the statutes are ancient and the language not that of modern legislation. The 2nd section of that statute, titer enacting that the cases therein mentioned should be date rmiced within the king's jurisdiction and not else where, proceeds to state that the suOject should be deter. mit eel in such ct torts spiritual and temporal as the natures, " conditions," and guslitith of the cues and matters should require. The word condition there is not used in the more common setae of " restriction" or " qualifiution " but in that of " character," "state," cr " quality ;" and ihe object of i.s introduction is obviously rather to mplify than to qualify the cal r language. And at here we think that the word condition in this 3rd section of the 25th of Healey VIII. had reference to the character and nature of the ease to which the enactment was directed, and that it did not point at any restriction or exception in the cose of the crown. It wool t seem, therefor*, that the words " meaner" and " form" and " condition" in the 3rd section of the 25th of Henry VIII. were intended to interpret the manner and pronging in appeals in general indicated by the former statute, boat as to time end ether meow stances, but aot to re-enact • particular prod ion in that statute distinct from the ritual manner and form of appeals, to which these words nude no particular refer ence. At any rats the words may be thus construed. It is a conotruction which satisfies, if it doss not exhaust them; and in this use it may be doubted whether we are at liberty to gin them a been signifleation, in conformity wi,h the ruli of Itw which requires that Use crown should be touched if at all by express words. But this ensstion we are not celled upon to decide, for we are of opinion that the section which follows explained by the usage in metal cues pre cludes any reasonable doubt. The 4th notion enacts in general terms that for " lack in any of the courts of the archbishop it should be lawful for the parties merstrieved to tarp( al to the king is Chancery. Whereupon the commission therein motioned was to iglus to determine the same. There seems no ground to authorise a court of law in considering this sect' n, to nitrate so important a restriction or condi tion on It sa that untended for, there being nothing ambi guous in the language of the statute itself, nor coy reference to extrinsic matters from which such an intention can reasonably be implied. To adopt the construction contended would be to decide that an enactment distinct and without dispute in itself is to be controlled and limited by the more then Oonbtful implication to be drawn from a previous sec tion, and this in respect of the crown, whose prerogative it is raid is net to be effected by doubtful weeds or intendment. Thor& are some other considerations which throw light upon this conclusion. Tee sixth section provides that tpp:als from the jurisdiction of abbots, priors, and other heads tad ml el. t , rs and governors of other bones in places exempt, which before the statute parsed might be made immediately to Rome, I should thereafter ha made to the King in chancery, in like manner as they Ind been used before to be made to the see of lino, the appeals to be determined by the like COMMIS don as before mentioned. This Intim is also tree from any exception in appeals touching the king, and it does not seem nuonable to suppose that, if &Rook to the conva Atlas were to bs made in eases touching the king wider the 3rd end 4th setting, they would not have been equally ~ bliged to ap ptr.torsielnbctnhyneth..6,lBllc.hleocstaticootirnot.o, and that it would have been referred he t: ta d: aw n s a ppea the rs u tn th th o o f H e ~ u s u r vt hv a tu t l h e. cep. 19, which applies to the appeal that is to he isad• in these caws le, that the appeal in to bs ma deto the Que car 's under that statute in which th e o e t a u t t o h u o c r h i ty s t o u h f c e h th e cr s a o t p w a lit t a n a ti ; l un la cmncil, whether the case th a ine lle dappeth arise ast., sotti sh , re el or un sh d a e l r l roperly'rer reed to the judicial committee . f the privy coun.ll. In order to lee t • thors hdee thought s e a t r svi c entsf t l a b a t e a e e n n d i th t In a n t r supportt a g ight ascertain h , r l i o n 'h f h o i l t vd b e enp aye oug ht e ews p a wing ot.,aget p re sen ted 111 r g e t i ro,t : ion e e ° °" h ni ga appeals': of the stoute, in cases touching the crown, and we tied that the course and prat' ice has been uniform, and that appeals in cases touching the crown have bees male to the King In Chancery, or the King in council, and detonated by the e tort of delicate', and after due inquiry and investigation, no ins enc.. has been described of an appeal In such cases to the convocation, and at mid made to at that no such instances can be Eland derives great wfirmatisa testa tfa ohnemellanes that, netwlthstandiesg the gnat interest We we has excited, sad the post shinty and industry that Ins bsen exershed is the gonna of h thu Visaed bee vest suggested that my Induce bee occurred sea appeal to tee eeavo ealisa. The several cuss of appeal to the &knew are to be adverted to. There is a ease el the a King e " which was an apt= by the Kirsg's preemie on of the crow to On delegates, said is Melds on the nag of May, 1677, maw. was Peen. Toe pial wee Mord beton Wyk!, then a judge elf the Queen 's Bench ; Aeldnsoe Bann of the Ezebequer, sad Eve civilians. It ritthis there was a enema remitting[ the came, e's Prieto, dieseuthig. The ease of w The King v. Elbow" was beard in Febresry sad March, 1696, before Toeby, Chief Justice of the King's Bosch ; R.,keby and Tuna jedgea of the Common Pleas; Ozendon, judge of the Mahn Oleart; Hedge., judge of the Admiralty ; and three alviilleas. The frown claimed to be entitled to the OW &owed upon theigronied alibis having died a Pes il . el l 2or without leaving kin. One party claimed under a nuncupstin will, and another party claimed under a written will. The doglike of the Prerogative Court was in favour of the written will. The King appealed from that judg ment. The ease wee heard before the delegate., who also pronounced for the written w.ll, end affirmed the seetence of the Proropative Court. The ease of The Kis, v. Tens and others " wee heard on the 3rd of Febeneui, 1695-6, before Sir William EMI, Knight, and hear 'Wiens. The =own in this ow also claimed the geed. of ea Westina upon the absinthe of kin. The ow had Loon heard before Sir lodine &Bayne, the judge of the Pre. negative Court. The King's proctor appealed from the sen tinel loth. &tiptoe; all parties appeared without objection thejuisdistion. The cue wee heard before the delegates; but the 11.111111 did not appear at the bearing, and the sen tinel" wee dinged. The case of " the Hinge. Weedon and BMW " was heard the sth of March, 1697, before the Chief MEOW of the King's Bench, a judge of the Kiss's Bench, a =2;of the Common Nese, the official minima of the Court, the Judos of the Admiralty, end three eivi Wm The ass related to the e ff eets of Francis Le Payee, who was • native of France, but who died in London, left a will bequeathing various legacies to alien end appointed his brother, John Le Peyre, sole onemene asd reeiduery legoeme, and in ease of his death being the will should be meented, he appointed Merlon and Shales ezioneses. The mown claimed that administration should be 'wind to its nominee, by reason that John Le Parsorlie had been oppiated executor and residuary legatee bad died, melt the ether legatees were all sneak". Weedon sad Shales appeared and prayed for probate to be granted to them, and the Jades of the Pieregative Court deuced ad ministration with the will d to be granted to Weedon and Shales. The King's preetor appealed to the King in Chancery, and the case was heard by commission before the delegates, who pronounced for the appeal, and condemned Weedon and Shales to 20f. expenses. John le Peyra died before the will was executed, whereupon probate wee decreed by the judge to Weedon and Shales. the executors. In the caw of "Waller v. Smith" and 0 Heseeltine v. Burgh" Phillimore, 110), the crown claimed the goods on the ground ttat Newport had died intestate and was a bastard. One party propounded a will and claimed an execution ; another party claimed u next of kilt, on the ground of intestacy. The crown claimed to suspend the proceedings as between it and the next of kin, until the suit between the next ol kin and the executors should be determined. The court ordered the proceedings to go on in put passe. The ease wait afterwards heard before 8:r W. Wynn, the judge of the Prerogative, on the 4th of December, 1792, when he de creed letters of administration to Waller and Smith, sur viving executors of James Smith, one of the next of Ws of the deceased. The King's proctor appealed to the delegates and the parties app-Bred wi mut objection to the jurisdic tion. The meal libel of appeal and process were brought in and an allegation was afterwards brought in by the King's proctor in support of the shim of the crown. The del.- I gate s, at the prayer of the respondents, affirmed the sentence and remitted the cause. The King's proctor not appearing, sad having our the 20th of Ju1y,1797, declined further to prosecute the appeal. The delegates were Mr. Baron Thompson and certain civilians. Then is another ease to which reference should be made, that is the ease of " Waldron v. Pollard," 3 Dyer, 273 a, which hes been re ferred to by the name of " Goodman's cue." In that use the crown hail nomottod Gas:adman Dmn of the cathedral church of Weill, who aft erwards so . eepted the prebend of Wyveliscombe, in the same church, and, in consequence, was subsequently deprived of the deanery by the bishop by virtue of the King's letters patent of the visitation of the dean and chapter there. Gonda:at appealed from that sen tence to the Archbithcp of Canterbury, who affirmed the sentence of deprivation, and, in consequence, Goodman appealed to the King, aced the two previous sentences wen affirmed, and of course under a commission of delineates In the reign of Mary, a commission, at the suit of UJO was rented before delegates, who reversed the two sentences which had been pronounced, and restored Good man. Turner. who had been appointed to the deanery by King Edward VI. upon the deprivation of Goodman, and who bad himself been dem ived hr the subsequent eenterthe of the delegates in the reign of Mary, in the reign of Elisa beth obtained a new commission to delegates, and under that commission the sentence to which Goodman bad been restored was reversed, and Terrier was restored. Subu quendy, upon the penile= of Goodman a further commis sion was granted to other delegues, who affirmed the lest preceding sentence; after which Goodman died. It ap peered that Goodman had granted certain lees:s, and two questions arms in the cause—first, whetter Goodman was aean at the time when he granted the leans • secondly, I whether the leases required coeflrnation by the King ? I: has been Bid that the cue is not perfectly intelligible, and it may be so in (presto reopens ; bat whatever ambiguity may appear in respect of some parts of the cue there es none iu regard to the facts which have any bearing upon the present ease, end they are, that the crown was the patron of the deanery, and bed app inted Goodman, and that upon his (Goodman) being deprived, he appealed to the archbishop, and afterwards from the archbistep to the King,upon which appeal the sentences of deprivation were affirmed, which affirmation must of course have been by delegates. Th:re were three subsequent appeals against the sentences of (ie. privation, end elf to the delegates. The first appeal was in the reign of Edward VI., a period very proximate to the passing of the statutee in question. The second was in the time of Mary, during whose reign the statutes of 24th and 25th Henry did not exist and the third and fourth appeals were in the reign of Elisabeth, in the first year of whose reign the statutes in question were re-enacted and revived, and this ease must hove occurred soon after the revival of those statutes, and the case itself, containing the statement of those appeals to the delegates is reported by Lord Chief Jostle. Dyer, to whese authority Lord Coke refers in his 4th institute, which has been cited, and who became Lord Chief Antic,: about the time the revivieg statute pused, hasiug been a judge some years befere. The first reported case, therefore, that has any relation to the question must have occurred some time before the 10 h of Queen Elisabeth ; and the last cue, In the year 1792. The cases referred to excepting "Goodman's case," it will be observed, al{ occurred in causes testamentary, being a elate named in the 24:h of Henry VIII , e. 12; and yet the appeals, tieing after the 25th of Henry VIII., were male to the delegate* and not to the convocation. This course clearly would not have been pursued if the 9th sectien of the 24th of Henry VIII. had been deemed to be in =roe to toe exclusion of the appeal given by the statute of the 25th of Henry VIII. to the King in Chancery ; and if such o es the oonstructien in relation to the enumerated causes in the statute of the 24th a fortiori, the appeal in the present case to the delegates, which is under the aattority of the statute of the 25th, is free from ohjectlon. All the cases which have been nerved, except the last repotted, 1 Phillthore,' p. 170, occurred when the court of the convocation was in' more active operation than it h been in modern times, and were heard before eminent judges; and it connot rea sonably be doubted that reference must have lieu had to the statutes fn question nod their true con struction consitered, and that either no doubt was enter tained that the stapes!' to the Delegates were well founded eves though the crown was touched by them, or that the construction mint have been discussed and deter mined upon judicially. In either view they are consisteot with the cometruetion now seupted by the court, and them.- Mina with any other. In the case which is r-portei in the Ist Phillimore, Sir William Scott was the King's A Ivecate who appealed en his behalf, ens of the lest persons likely to have prosecuted an appeal en behalf of the crown to a wring tribunal, or to have been unacquainted with the statutes in question. In support of the present application, is addition to the arguments offered upon the construction of the sta tutes, it was stated that there was a succession of authority in text books, truly said to be of great authority; but it will appear in fact that all the weeps cited guile genially to the time of Lord Coke are refirrible to the sin:le authority of the 4th lost., and meet, if not all of th. ea, expreesly for to it ; and it Appian to us that the effect of the son ral passages quoted boa not been correctly appreciated, and that upon due attention they will not be found entitled to the reliance which has been placed upon them. It as recusant, therefore, accurately to examine the eff.ct of the pelages in the 4th Inst., and it will appear that Lord Cote detailed successively the provisions of two several acts of parliaments; and what Lord Coke then stated as the provision of one statute, the subsequent text writers have adopted no the joint result of both statutes—a result upon which Lord Coke him self expressed no opinion. There are several passages in the 4th Inst. relevant to this subject. The Ant is to be found in chap. 74, p. 333, under the head of Courts of Convocation. In the margin, the "24 h Henry VIII. , rap 12, and 41st Elizabeth, ate 1," are noted ; and opposite to these statutes, and plainly only refining to them, the text states " if any cause 'ball depend ill coutenti n in any eoelniastidal courts, which may or shall touch the king, the party grieved shall or may appeal to the Upper House of Convocation." And it Is to be observed that this passage, which refers to the 24th Henry, inaccurately states that by that statute If any cause shall depend touching the king, that g. ap a p t eal o s a h u al t l e be ar t p o lk th s e o U nfy pe to r House of Convocation, wi.e retain elutes of coupes there enumerated. The Ist Elisa beth, chap. 1, Is only referred to, because it repealed a re pealing statute pusai in the rapt of Philip and Mary, and revised the 24th and 25th of Henry VIII.. and other statutes. In page 337 of the 4th Inst., under the title of the Court of the Arches of the Arehbishop of Canter bury, after speaking of the Judge of the courr, the text states—" He bath ordinary jurisdiction in spiritual Callelle in the first Whines, and by eppeal throne+ the whole province o. Canterbury, es it appearellt by the statute of '24th Henry VIII. this. 12, and from this Court of the Arches the amid is to the king in Chancery by the said Let of the 25th Henry VIII." It is to he observed that in this pump which refers not to ore of the a:litotes cde, but to both, the appeal is stated to be to the King In Chancery fa general terms, and not as subject to any restriction in eases that touch the king. In page 339, under the heed of " The Court of D 1 RM.'," and conse, quantity of Appeals, there is noted in the margin the statute 25th Henry VIII., chap. 19, and the text opposite shoo, " That the court sits upon appeals to the king en Chancery it thins sateme--hest, who manna is given la any noir denisal cause by the archbishop WI hie edictal; pissed trim ay sentenes is glens is ay emieeleancol cause in exempt ; thirdjy, whoa a menu. is given in the iert." Thus the three dames of cause an womed es *dist to the same meal with as exception. it Wag Isles eliehme diet the seal son third elms have ne ethane n the Curt of Convocation. Is meths/ ponce'. pogo 339 Lard Coke Mates, " that as appeals are is eats of parliament, k will be pertinent es set the resolution of the judges and el the loused to emissindied law, which dab sum op is what ousel, hem "MS eau% sad in what time appeal's» to be mad*, end Ober insidente esuessing the same as Lard Dyer n e ar mi own hand bath reported." And after this passage, under the bend of appeals, fi sited in the margin the etstute of 2tek Mary VIII.. chop. 12: And " that in causes testes's levy, ate., sequels from tee arehdaeo to shall be to the Wisp, sad from the bishop to the archbishop, and sits ibether;" end proceeds under the word " item from the mehdeesine er eommissary of the archbishop to the Amine, Oa" Opposite to this passage, in the margin, were the weeds "nos infra, this is altered by the statute althea 2601 Henry VIII ,in the next page." Then follows " item, ' when the matter toecheth the king, the appeal is to be made to the Higher Convocation House, and no farther, bet to be finally there determined." Then. again, there is quoted hi the margin, " 26th Henry VIII., chap. 19," sad oppoeits to that quotation in the text are the words "a genera prohibition that no appeals shall be pursued oat ef the realm to Rome or elsewhere." " Item, a genera onus that all manner of appeals, what matter solver they inneus, shall be made in such manner, form, and condition within the realm as it is above ordered by the 24th Henry V 111., in the three causes aforesaid, namely, from the archbishop'. court to the king in his chancery, where • commistUa shall be awarded for the determination of the said ape peal, and from thence no further." And, again, in the ought is a note, " see the page precedent. Item, that perms exempt shall likewise pursue their appeal la the chanceryart supra, and not to the archbishop." lhe author here has merely been setting down the effort of statutes in snocession ; and who re he 'peeks of appeals I. the convocation it is under the head of the statute 24th Henry VIII. It was not understood when the motion was made, that the wasp a then read refereed to particular statutes, noted in the margin, and in fact there is no pussy to be found importing that an appeal to the convocation is ' given in any cue whatever under the 25th Henry VIII., 'chap. 19. Such are, it is believed, all the passages In the 4th Inst. The next authority referred to was " Baron's Abridgment to the Beclesisetical Courts," letter (B.) "Of appealing from Inferior to a superior church." It there states "that by the 24th Henry VIII., chap. 12, from the archdeacon's church the appeal is to the h shop, but when the cause is commenced before an archdeacon, or any arch bishop, or his commissary, the appeal is to the Court of Arches." It is then stated, " that by the 26th Henry VIII , Amp. 19, the appeal from the Prerogative Court Ii to the King in Chancery, who appoints delegates by commis sion to hear and determine the appeals; and it stems the same statute, that an appeal from the Arches la to the King in Chesney." There is a reference I. this last paragraph to the margin, and there is there a note stating, " That by the 24th Henry VIII., chap It, such appeal is t be to the archbishop, and sou the 4th Inst. 341." The test then proceeds thus: -" Also by the 25th Henry VIII , chap. 19, appeals of the Court of Peru liars or places exempt shall be henceforth into the Chancery if the matter conce rn s the King the appeal must be to the Higher Howe of Convocation." In the mugin is quoted, as the authority for this statement, 4th Irish 339-40, which, as has been oh d, does net purport to be an authority that appeals under the 25th Henry VIII., touching the King, are to the Convention, ;but rather the contrary; and is Bee. Abr., In the pue.ge preview to the statement referee' to, when 'peaking expressly of the 2.5 th Henry VIII., chap. 19, it is said without qualification. " The appeal from the Prerogative Cann is said to be to the King in Celan say ;" and under the head of the " Court of Delegates" then h a paragraph setting forth the 4th section of the 26. h Henry VIII , chap. 19, in terms without any qualification what ever in regard to the epee al there given from the archbishop to the King in Chancery. The only passage, therefore, in this bee& which gives colour to the argument is the short paragraph stating -" If the nutter concerns the Kies the ap peal must be to the High. r H mu of Convocation," and which voters, Is before mentioned, to the puseges in the 4th Inst. Ooteyne' Digest has also been cited; title, " Convocation," letter (D) " The Jurisdiction," it is there stated, " in causes seelesiutical, if the King be c mcarnt d, there shall be an appeal to the Upper House of Coavoestion." This passage also refers, en tt.e authority, to the 4th feet., 339 and 349, end to the title " Prerogative" (D 15). Under this re ference *Teen to the conveeation is spoken of, and under that letter, the 24th Henry VIII , chap. 12, alone is n fared to, and which correctly states that by teat statute, in causes tsetamenery, or of marriage, divorce, titles, &e., which may touch the King, the appeal shall be to the Upper House of Convocation. Neither of these passages, therefore, when oreurately examined, are authotities for the po , ition for which they were cited. Under the gams head of " Preroga tive," In " Cornett," title "Appeal" (D 13), the statute of the 24th Henry VIII. is referred to, and after spooking of the appeal given by that statute, it state', " It the King be con cerned, the appeal shall be to the Cow House of Convoca tion," and refers again to the itilt Inst., 339 40. But the neat paragraph is, "and by the 2.5 th Huey VIII. chap. 19, appeals shall he made in the same manner in all causes of what nature soever." This paragraph is by no means nee. B. eerily to be aiseeiated with the paragraph immediately pre ciedieg it, but may be well sa heed by its being referred to the statute of the 24th Henry VIII., so far u the manner of conducting appeals is re guilt d, especially es under (D 14) both statutes are referred to, and the fourth section of the 1 25th Henry VIII., and the sixth section of the: statute are quoted without any quelifierion or restrictions whatever in regard to causes touching the king ; but, on the century, immediately after the statement of those two sec tions it is stated, " and therefore in all ecclesiastical causes a appeal lies to the delegates." Upon the whole, therefore,' ' C. B. Cony es is by no twins an authority that the appeal la the present case did not lie to the delegates-rather the contrary. " Wooddesou's Lectures" was also referred to, eel 1, page 76. The author, in speaking of 25:h Henry VIII., chap. 19, and of the Convocation and the king's right to pro rogue and dim Ave it, proteeds,-. By the same prerogative thy king is the ultimate judge in matters and causes attics!. If, indeed, the cause affect the king, an appal may, by the st atute of the 24th Henry VIII chap. 12, be brought to the Upper House of Convocation." Thus, speaking as if by that statute an appeal to the Convocation was given in all cases which, as before seen, was never the case. He proceeds-" Tide provision does not seem abrogated by the subsequent statute of the 25th H. nry VIII., chap. 19, by which apocele are to be made from the Archiepiscopal Coale to the king in Chancery ;" and reference here is also made to the four dation of all these extracts, the 4th test , page 339-40. The authority of this passage referring only to the 4:11 Inn., before observed upon, cannot be deemed tattled to any weight. "Burn's Ecclesiastical Lew" was likewise mention. d. In that bet le, under the title " Appo .1," In page 63, the second and fourth nations of the 24th Henry VIII., ch:p. 12. are eat oat also with a reference to 4th Inst. 339. In page 69, the 26th Henry VIII., chap. 19, secs. 3 and 6, are set cut, and in page 61 the fourth section of 26th Henry VIII., chap. 19, is set oat, followed by remarks on the tub jut of areal, but which contain no suggestion of any limi tation or nstriteion in any we whatever upon the appeal to the King in Chancery. le page 63 the ninth section of 24th Henry VIII , chap. 12, is set out with reference to 4th Inst. 339-49, but without comment. Immediately afterwards the sixth s.cti .e of 25:1e Henry VIII , chap. 19, is set cut u an asiversal proposition with a reference to • note at the foot, Mating-" l'herefore in all realealutical causes appeal lies to the ddegatea.-4th Inst. 339." Thue passages are all that ON to be found in " Burns" applicable to this euhjeet, and the result neon to be that it is an authority rather 'genet the ereument than in support of it. Refe-once war made to Blecketone," vol. 3, p. 67. That author, in relation to the statute 25th Hiner VIII., states that that statute was but doeleratory of the ancient law of the realm, and refers to 4th hest. 311, and then add,-" But in can the King him self tarty in any one of thou suits the appeal does not lie to him in Chant. ey, which would be absurd; bat by the statute of the 24th Henry VIII., chap. 12, to ell the bishops of the realm assembled in the Upper /loose of Convocation." This statement refers to the 24th Henry VIII. and the statute of the 25. h Henry VIII , chap. 19, is roe fined to in this and other pumps In " Blackstone " gene rally, a:.d in p 65, is speaking of the Court of Peculiars, he states : " All scalesiastical cause garish,/ therefrom in which an appeal lay formerly to the Pope, now, by the etatate of the 2.5 th Henry VIII., chap. 19, is to the King in Chancery." And again, in speaking of the Prerogative Court, it is Mated: "An appeal Su by the statute of the 26th Henry VIII , chap 10, to the King in Chancery instead of to the Pops as formerly." This passage is unaccompanied by any qualification, yet in the passage in p. 67, when stating the 'Fled Is to be to the Convocation in any 'Atha. suits enumerated in the 24th Henry VIII. reference is made only io eppeals under the 24th Henry VIII , and nothing is said mop :eting appeals arising un der the 26th Henry VIII., or of the effect of the 26th II nry VIII. upon the opined' under the 24.6 Henry VIII. Blackstone in thus referring to the statutes gives no opinion whatever except upon the 9th gee. of the 24th Henry VIII. , upon which, taken by itself, no &Oat has ever been entertained. It is unwary, therefere, to consider what would have been the weight of en opinion, if expressed, as compared with the practice which has prevailed. In Stephen's edition of " Blackstone," vol. p. 433, the pussge in " Blackstone" before relarred to is set out in the following manner:-" But in Oalli the King himself be party in any of these suits, the appeal did not then lie to himself in the delegates, which would have been aboard; but by the statute of 21th Henry VIII., chap. 12 ie given"- theta the following passage Is i t blacken-. [to all the bishops in the province assembled in the Upper House of COLT veneer ; and the editor then proceeds to state " By the 2nd and 3rd William IV., chap. 92, it is now pro vided that every person who might fornial!y have appealed under the 25th - Henry VIII., Chap. 19, may now spud to her Majesty in Council; and by 3rd sad 411 William IV., chap. 41, see. 3, and 6th and 7th Victoria. chap. 33, tee. 11, that her Mejesty shall, by order in council, direct that all appeals ham ealniestioal and other courts shall be referred to the Judicial Committee of the Privy Council." This pat sage cannot be referred toss any authority, whatever respect is due to the very learned editor ; bat ht.; opinion as to the effect of the recent statutes is intimated with sufficient dis tinetneu. Ayliffea Perergen was also cited, but the ref*- , ernes was not please, and the only puert, that appears to lily./ any anylicatlen is in pages 83, 84, where the statute of the 24th Henry VIII. only is mentions'. In page 83 the statute is mentioced, and it Is said that, for aveadieg delay, and appeals in causes testementery, matrlmonisl, tithes, &c , which cowmen Ills King, or any other penun, the some should be formally determined within the King's jurisdic tion; and then, eller the regulations of the statute as to the order of appeals, and the tim within which they are to be made, he proceeds-" And if the cause or mitt concerns the King the party grieved may within 16 days appeal to the prelates assembled by the King's writ fa cionvoestke Ike. wit fa being or ensulag," :and It Is added, " Se* the cast Itself " Inch Is the only passage to be found, and it will be observed that the author has never at all referred to the statute upon which the question solely depended, I. 25tk Hoary VIII. He utentioas the 24th Henry VIII. In set/irately by stating that the appeal to the Convocation must be made in fifteen days, bat remarks are co. deed ' to the appeal to the Convocation In do causes mentioned in the statutes of the 94th Henry VIII , of which causes this is not one. If all sonsideratioas of the 25th Henry VIII. are excluded, of ~se no doubt exists in regard to the cause, mentioned in the 94th Henry. The principal authorities presented to the noun upon the application for this role hare now been referred to, and upon • deliberate review of them no one refers to or is founded upon any judicial deal sion or dictum, nor do they appear to be the result of an examlnatio t of the effect or construction of the two ma eerie' statutes in connection; 'but, as before stated, some of them morel, give the thecae; of each of the statutes, and others state the effect of a provision is one of the 'tattles a though it was the result of the provisions of both. They cannot therefore properly have any effect in coatrolling a construction which appears to us to be warranted by the language of the suture of the 25th Henry VIII., and to be supported by and consonant with a course of construc tion and practice beginning in the reign of Queen Elisabeth (a comparatively recant period after the eats of parliament in question came into operation), and continued in 1812, that traria, having occurred before several judge, of great emi. nenee, and being unopposed by a single instance consistent with the opposite coustruction or a single judicial dictum, and it does not appear that any book of practice or forms relating to appeals contain any form or direction applicable to the prosecution of an appeal uglier these statutes to the convocation. In determining upon the present application nit have attentively considered the circumstances under which it comes bettors us. The litigant parties have con curred in prosecuting the appeal to the Judicial Committee, and altar • decision has been come to en objection is fsr the first time made upon the ground of want of jurisdiction in the tribunal. The rase was elaborately moved before the Court of Queen's Bench, that court has pronounced a de liberate judgment upon the construction of the statutes, and the applicant has since exercised his undoubted tight of making a similar application to this court, and when so doing the learned counsel who made dol. motion brought before us all the authorities that there is any reason to suppose have any bearing upon the subject, and the Court of Queen's Bench having stated that there were several instances of ap peals to the delegates, founded upon the construction adopted by that court, nothing was presented to us during the argu ments in support of the epplicati in tending to create any doubt of the accuracy of that statement, although we cannot bat suppose that due investigation was made as to the fact of such butanes having oeturred, and of their appli cability to the ease; we have informed ourselves of the particulars of those eases as before detailed, and, further, no appeal bag been discovered to have been made to the convocation. Under these circumstances we have every reason to conclude that further discussion wi I not tereish additional informstion or light upon the subject; and passing by any other got stion to which the application might be subject, and founiliog our decision simply on the construction of these particular ancient statutes as supported by the usage in the only instances of appeals in matters touching the crown known to have occurred since they passed, we think that it would not be consistent with the duo discharge of our duty, but would only tend to prolong an %reins litigation, to grant any rule. The late appeal in the else of the duchy of Lancaster has not been enumerated among the instances of app:ale conformable to the cocatrut tion of the statutes adopted by the court, Decade it has occurred tons that if the question was, in which of two rights the crown was intitlid to the gut:jet...matter of the subject, the litigation may not have been ca that contentious character which would render the east an authority in sup port of the jurisdiction to which appeal Was then made. The judinsent of the court, thereon., is, that there be so Tula in this ewe—Earle refused. COURT OF BANKRUPTCY.-YESTELDAY. RESIONATION OF Ma. Comtism: ma SILEPMEILD. For months put there have beeaTUl;3U; of the resign *- Con, actual or cont.implred, of this leaned Commissioner, some of which have prematurely found their way into the public prints. We are now enabled to state, on authority, that the resignation of Mr. Commissioner Shepherd has been made, and accepted by the Lord Chanc.llor. Pursuant to the provisions of the new act, the veclncy will not be filled up; and the number of courts and cvnmieviouers will be reduced to five. The only site, &flop., in the mode of con. ducting the business of the 'outs, consequent on this resig na•ion, will be the followirg : —The eases already opened as befcre Mr. COMMig.I4 , IIII . Saeyberd will be disposed of by the other five comm's•ionen aceur !tog to the plan laid down some months ago, and announced at the tame in the Ex press, whereby the 01/111 were referred to the other courts, according hi the letters of the alphabet. Tilers will, cf course, be no futth.r petitions ballotted to this court; and Mr. Graham, the eureivio; official mitring), will be transferred either to the court el Mr. Commissioner Gou:burn or to that of Mr. Camenissioner Foablanque. 'l7 Cooper, who has hithero acted so tim &anger in Mr. Coin ' :Maslow Shepherd's court, has been appointed to the same office in the court of Mr. C r Evans, where a vacancy had occurred by the death cf Mr. Atkinson. Mr. Winslow, the reaistrar, it is thought, will be transferred to Mr. Commissioner Goulburts's court in the irmnt of Mr. Campbell, the present registrar in that court, being appointed chief registrar; that offi:e beir z now vacant, and no provi si m being made for iv extinc.ion. These latter app int menta resting with the Lord Chanc.ller, cannot, of course, be minis for some time. MARKETS COTTON.—LtrEarooi, May 27.—The market to-day IMP very 'ff. and the ,al .s were about 10,000 bales, including about 5.000 taken fur speculation and o:pc rt. IRON —OLkscow. Msy 2•i.—Pie Iron cantinas* firm at 15s 64. per ten, cash ; it >3 expect 4J that the collars ail re time work neat week. CORM.—CIRaNCZsTER, Miv 27.—Our etsrket much the same as on this day week. and pricer only F aye way to a trifling es. tent; our quotatusnsitherefore remain as Last week. Wheat, 91. t, lot. 10s. per Wad. Barley, 20s. to 235. per qr. Oat•, I7s. to 235. &YDS, 275. to Rs. MADLEIGH, Mac n —We NO *moderate supply of grain to.dny, soda very t , low trade. Wheat was dell, at Is. to 21., and Barley le., per qr. cheaper. No alteration In Being ae peak CATTLE, &e.—Coicasannt, May 23 —The /apply of stack was mull to last week, and the sales in Sheep were extensive, nearly the whole exhibited befog discosei of before the market coved, at rather declining prices. Fat Beasts continue plentiful, but slow in sale, with no particular va.-IVion from last week's rates. There were more transactions in freak and lean Reams, lower prices being asked having induced sake. G od mileh Cows do not at all dinsiniMi in demand, and keep up in value. Tho lig market was not so well sup plied as fir come weeks past ; but, the demand being slack, prices were not improved. Good Sows, in yield, met a ready sale. There was a good show of Horses and Ponies; among the former were a tweeter of Irish nags, most of which found custo mers, at prices vary ing from 131. to 211. each. There W:10 a string or very useful foreign earl harem, prices trim let. to 'Zs/. each; but yew were gold. Some useful ponies were selecitd, sailing from 3f. to le/. each. , Upon the whose there was a goo l has done during the day.—Sepply: and Lambe, 3,340; Beasts 333 ; Pigs, 217 ; Calves, 18 ; Horses Pucks, 137. Lrozavoot, M.y 27.—There hu been a considerable faldn7, off In the numlrr of ent!e at market this day. Ms mused much better prices to be realised, in scme instances fully 30s. per bead over last week. bhelt and Linibt , in larger supply; the (crater in somewhat dull dew md. [stub count/Audi a b-isk ode, at en ad. 1 . 3 . :Ce of Re. to 3s. W. per head. 1,31 R liensts; Ma/ Sheep and Lambs. Nuawicn, May 25.—We hare again to report a large show of Soots, short.horns. and IN:eons; trade commenced very s:larly, and a lime p irti.b of the cattle rernainea unsold ; the prices were barely equal W la-t week. Fat ite , sts a large show; trade et Ss. to Su 6d. per stone of 14lbs. The pens were well tiled; hog. pets in d, maul, et from 26e. to 345. per bead, according to size, con dition, and quality. Ewes end Lambs, of all a,es, atiticult to diaper of. Fat Sheep, as. 6d. to 6s. per MOOS, and al, sold la same Pigs and fat Pork no alter ation worth unix. PUBLIC SALES. hint 27.-14 Mr. PARK ea, at Garraway's—Family resi dence, 24, Tavistock- guava, le.ld for 73 years, at 221, per annum, fixtures to bo taien at a valuation-1,2701. Two Ileums, 12 and 13 Allr)n( -mad, Islington, of the estimated annual value of 1201., held for 95 years at 201.- 1,2221. . . . Leasehold residence, 39, Upper Radford-place, of the annuli value of 1301., held (or OS years, at 241-1,0201. Lameh ld residence, 56, Torrington square, held for 73 years, at 231.-1,0501 Leasehold house, 23, Alontagu.placc, Russell square, held for 61 year, at 30-7701. Three houses., Draper's•place, Burton-crescent, producing • net rental of 621. 10s. per annum, for 511 years unexpired -2001. Mr. LIitFCRIGD, at Garraway t a—Thirteen lots of freehold building ground, Wimbledon park, land-tax redeemed, with frontage. of from 120 to 200 fret each, on new roads laid out —3,7464. DAILY WEATHER TABLE. The State of the Weather at Nine o'clock yesterday I arranged in order of taiga ikse;se - ot Wino. TUIUIDAT, MAT 2s, 11450. cacti 91 tlia &Ravin Ones at morals& Via statism ars Yrr x YNe~ BU M. cd I &ma of Weather. PLYsiottu Kitt rat Poftwasorris ..., Walla Brans °wart Oratle ems' Partially Cloudy (Jenne e owe Partially Clottit,y Krung Macro' Overcast *trona threat 1 1 Partially Cloudy Gentle Breeze Overraa (kntle Maar I Ovarcamt (hallo knee,* . Overcast Gentle %neva. llvefeast Gawk, liner,. Overcast Watts Breese : Overrara Gentle linear Partially Cloudy Strung breeze Rata Gentle Ilreere Cloudy tientle Breeze Rata Gentle Itret/.0 (Kemal, Strong Weer. Overcast Freon i nave I Overcast °rune Preezu Partially Cloudy Gentle levers , Partially Cloudy Strong Breese I ?lullaby Cloudy Strand ((reran Partially Cloudy Ocean , !trout: Partially Cloudy Melts ltreese Cloudy Gentle Meese Partially Manly Gentle Breese Rain Gentle Itreese Rain Strang Ilrters , t 'moat Gentle Breese (lain Gentle Breese Ortnanat quvrumurrom BILIDUIRA7I2 Basom. s..DI■. 'w Oxman (itmuclorsi LILI0H1•11 ..•• »..».. %Amain MANI Tome !Newer DAftwiertui Sit se Um usroot Ps NunoOt VIIIIIOANII4I soo. ..... so. M.W. Lasuoix amavnar Owoow ..... I:Nom:sou THIS DAY. Noon. Conrad Mag. Strength of Wind. State of weedier. LW. Gentle Breen% dhow,. ..w. Rw. SHIPPING INTBLLIGENCS. (7,.. ownreuiaffle. Gantie." 1d1,441 CABULLTIRB. Bryan Ahhs, Ross, of and for Lime r kk f rom New yn,k was Lit on the 20:11 of April, la l e t. 43 , lon. 71: ; the crew sae( d by the schooner Devon, Cuoimisr, and landed at this pert all well this day. —St. John's, Ne w . foundlead, Hay 11. Himdd, Lawson, fres Sunderland to California, pit M here yecerday, leaky, with main and mizec-topnia.ts carried away, and with other damage.—Fahnouth, May 26. Invincible, Davis, from Newport to Baltimore, went a‘ll- re in Carrituik Inlet, May 6, and remained, but 'Pith littla damage, sa4stance would be sent to her. Olga, Crow, from Suniivrland to Newhaven, r:onnectirto, a.randed on the east end of Locg Island ; crew saved New York, May 14. Premier, Newman, from London, went on shore nrlr cit e Lastretto en , cia, May during 18, a strong wind Lod haavy retttd:y. —Val Bcraphine, M'K'ayitt, of and from Newry fnr IsT•At was abindonvl on the 2 ith alt., in lit 53 17, Ln. 31 passennm and crew saved. MAILS. AIatITID. I Hamburg Holland Lisbon Pacific India via Southampton India via Mystifies Boston and Halifax Mexico and Havannah Wes: India Drug ARRIVED. Ar.atoe-at Liverpool, May 27, Jrcm Aauo-at Falmouth, May 26, frost AURORA-at Hull, May 26, from ANTRICAN EAOLI-et Porta/Rooth, May 26, ham Ancsea-at Liverpool, Mt, 27, from ARA, -at Liverp , May 27, from ANNIA-at Liv er May 27, from AILABILIA-at verpool, May 2', from Araicares -at Gravesend, May 26, from ACNIS Bonita-at Gravesend, May 27, from BRITIaII Taa--at Gravesend, May 27, BILLONA-at OraTIWW3CI, May 27, from CARACTACUS-011 FairaoUol, May .45, from COLLECTOS-at Crookhaven. Mai 23, from Cauraeracca-o8 Deal, May 25," from Cocarea-at Queenstown, May 4, from Carious's-off the Start, May 23, from CIIIEWCTINA -off the Sort, May 23, from ...... Cmainnostas -at Grarivend, May 26, from CAWILINI-at Gravesend, May 2G, from Csassros-a' Gravesend, May 26, from Curter-at Gravesend, May 27, 110111 CoNaIaVATIVE -at Gravesend, May 27, from Cowman-at Graresowl, May 27, from Goaostaimm-off Liverpool, May 27 Cossaoas- at Liverpool, ay 27, ham DART-at °wassail, May 26, from DOW/UM-at Gravesend, May 27, from Doses,. Rrrearm-at Gravesend, May 27, from Aura- at Cosa May 25, tram Darmot-at 11 May 25, from Donto-oF Dover, May 25 PA.ma Ilsar-at Falmouth, May 26, from ELIOIU-off Dover, May 25, from KITILIV-at Liverpool, May 27, from ENTINAPRISI-at Liverpool, May 27, from E. Z.-at Lirerpool, May 2., from ENTEitain-at Torbay, May 25, from 011111 ANIA -at Grsvrovn.l, May ;.7, from Garroes-at Gravesend, May 26, from Onssa-at Gravesend, May 27, from Tortray. May 26, from flora-at Liverpool, May 27, from hors-off Falmouth, May 25, from Ilarsaan-ulf Falmouth, May 23, lissom-at Gravesend, May 27, from. lama-at Gravesend, May 27, from . latuattA-at Livcrpool, May 27, from JoreCoorrn-ot Gravesend, May 27, from Jamaica-at CraltEttal, May 27, from Jaaa-at Torbay, May 24, from Joss-at Torbay, May 26, from 3.4111111 H. Guorsur-od (ape Clear, Mar IS, from J. A. W sarrear -at livery:col, Iday 27, front J. T. CARA-at Liwrprol, May 27, from Jays Viernrumx-at lAverporL May 27, from... Kissers Kurd roan-at Liverpool, May 27, fix 111 KLIFT-at Queenstown, May 21, from Lassos-a' Falmouth, May 25. from 1111LIDAS-at Mull, May Itt, from LOOT MITCHELL- at LIELATETOTTII May 21, from Leas--olf Crookharco, May 21, from Leo lasses-at Liverpool, May 27, from ..... Ulcer. Per aasos-a, Liverpool, Slay 27, horn MAIT-at Liverpool, May 27, from MARMON-at Liverpool, May 27, from hour Gramm-at Liverpool ! May 27, from si:sutra-off Liverpool, May 27 Maims-at Gravesend, May 27, hum MA rwei-at Gravesend, May 27, from MARIA braille-at Gravesend * May 26, from Maar Ass-at Gravesend, ay 26, from MANCWWTIR-off QuornEtown, May 21, from MART SMTAITT-off Penzance, May 23, from New Goon Emma-at Gravesend, May 26, frau Piaui( 1111 NAT -at Queenstown, May 25, fro:o PRINTIW CavaLorra -05 Deal, May 26, Iron Pausessa I - wants-at rya:Louth, May 2+, from PrilliaCri- off the Ward, May 23, from Ronnar flinntr--off Dungeness, May 24, froa:... &callow's-off Lirerpoal, May 27 Ilocnatrora -at Liverpool, May 27, from Sm. En. Ewer-off Falmouth, May 25, from ..... Swrrsuurarn-at Portsmouth, May 26, from STLTANA-off Dover, May 26, from SWIFT-at Gravesend, May 27, from Bruno-at Grarwerd, May 27, from fuddrrames -at Gravesend, :May 27, from SINS or TER Waor-at Liverpool, May 27, from Sarresa.-at Liverpool, May 27. from Snassanoss -at Liverpool, May 27, from Trao-at Liverpool, May 27, from THOMMI ELLAR Cravftend, May 27, from TVKAN-at Gravesend, May 27, trom. Tsar-at Grarmend, May 26, from TILL-at Falmouth, May 26, from Tarsus Tory-at Falmouth, May 25, from Thomas Er-Loma-off Darer, Mar 56, fr0m...... . Tscass Folmar-at Urerpool. May 27, from . Turaaars-at Liverpool, May 27, from .... ryirsass -at Liverpool, May 27, ham Vieroata-at Falmouth, May 26, from Warta Lux-at Gravesend, May 27, from We, Tamar-off Deal, May 16, from WATERLOO -off Dartmouth, May 24, from Ws. Palms -at Liverpool, May 17, from SAILED. Arara--drom Liverpool. :May 27, to Aaoo -from Liverpool. May 27, to Amozos-from Liverpool, Star 27, to BILLAJNA-from Falmouth, May 23, to BMlTtril (II:KIN -from kWh May 23, to DILTA-rrom Liverpool, May 27, to Excatmoa-from Liverpool, May 27, to Exits-tram Liverpool, May 27, to ....... F co:war-from Sunderland. May 23, to riaromma-from Shields, May 21, to GMLNA-from Hurd., May 23, to Olen Quint-from Mikado, May 23, to Goad DAILLMO -from Liverpool, May 27, to lIIIMATOrg -from Liverpool, May 27, to 11. NAM-from Liverpool, May 27, to Molar AND Euz.-from Shields, May 23, to 10-from Poole, May 23, to ItiviNe.u4a-from Gravesend, May 27, to Jarsa hartioarz -from Gravesend, May 27, to J. W. Coussov,oo-from Sunderland, May 26, Until- trona Ilartlepool, May :3, to Novae.; 11,r/or-from Gran-vend, May 27, to P.MADISIE-from Queenstown, Mar 24, to Posaoox-from Liverpool, May 27, to SALM:M.4MM Ilartlepool, May 21, to Scorrius-from Swidtrland, May 23, to SIMMTOM GaANOZ-from S hields, May :3, to Tours-from Liverpool, May 27, to 'Nous-tram Liverpool, May_ :7, to WAIMMCL • (Mill Iltril(11001. May 23, to Wnoor -from Shields, May 23, to Wtr rITr-(taw Shield', May :3, to VESSELS SPOKEN wint. Ann 9l'lsag, from London fur Oalcutta, CALEDONIA, of Workington, 124 ,Larn out April), May 9, Wt. 4a - N., i.e. 29 W. Daroxamaa, Iron Ncw York tor London. May I , Jaza. Oaka, kora London for Algae W 7, M zch 34 E. SRXMAIIDDAIN May 21, tat. 30 N., km. 10.2 0 W. .t.tAINS CAbru., from thaw-Kama for London, M (barqnr), from Poet Philip for London, k; S., 4m. 27.15 W. E•Viverti•emetit.)—AsTorNnrso t'unr: wousi. us 1101.LOWAleS ANO VI 11.4.—F1:.. tram Mr. lerendsh Reed, of Melon/. near Sydney, 25, VMS. To Vaunter Molloway—air,--1 awe a de! .• you fur my almost miracu'ous cure by the u4c o' Ws, after moron years' intense maenad, C. 4 .1001 by x. and cold. When! commenced using Jour reat..b.... I 1,1 _ . Feuded upwards of .C2OO in other in,licOte 311.4 4.1%11 benefit, sll.l had 33 ulcers co my byly, a drvaltal all over me ; but tour cdutment and pills haw CAM now enjoying excellent all al: u,rxios *or Holloway'. Establishment, 241, :grand, Len lou. METHS, MARRIAG F.S, AN 11 DEA : 131 R £lL$. AILNOLD.—May 23, at Rugby, the Into of the 110*. C a Jauahter. DECILItTf.—Iday 24, at Itartow-buab, Ftit.e7t, the AV. Beckett, Verpattal l'uraw or st. Star; a Ll:melte , . Blttat:i. r. —tay?4. at !ifshop'et Waltham Rectory, •.. Rev. W. lircialt. ;4 a Jaugliter. 6Wooo.—llay 24, Mrs. EtwoLl. N'imN:e•.tml. I , I6IMIARL—IIay 24 at Upper Nuetematreet, ado ol A. Ferrari, Ewl., of a klauighter. MARRIAUES. DARB3—J.WKDON.—IIity 23, at Ft. %try's. • Esq., of Stamford, to ILarisu, third .1 tughter I. Ital., of the same plus, FINCH —ll.tt.Y.S —may 23, at St. tatthes'A, M.D.. PIM OE V. Fineh, Km., of Cfol,lo6hlll. OrVells. eldeet daughter ot J. Oafs% Esq., of Woe-bro. OWST—OVERALL—May t, at St Mart . .. Owst, of Ltermnishey-wolt. an youngest daughter of ri. Over.ta, It tt , of flumoto,ao.. 1/MATHS. AO ER.—May 24, at eywell Monogr, Nordttmp/o/W Ape, aged 73. cianOyTNl).—lliky 34, at OretalJn 11411, .taunt. tart. CLItME , IT.—May 2' Portlawl-mitare :,o4 !La the late CoL cierme.it, Korai Ardll;ry. DAVIDOON.—March 20, at Ahatedudiolvr. Donor. , A. Y. Maids" Esq, Aqateant Suportutondent of 10 , and Armament. DE 110LEYNA.—May 21„ at Dinah , . tte 11.0. It. of the Late Thosuis, drat Lund Woutry, and Ida. a t, Slat II t., aged 84. • CI titled and pabikehed q WlLu.os k tate 'l4l it. 4 • ' Wrest, la at City of ninta. et th" " Awn. In lair psalm cd Whltafracw- Tricsecc, UAT June 5 Jd,e 7 Jug.;, r, Mly i