The Express.
London, England, 1855-01-16 00:00:00

THE TURKISH GOVERNOR OF SMYRNA.

Ismail Paella, Governor of Smyrna, embarked at

11111 e pee, ea the 29* ult., for Constantinople. Two
age Were he left, the English and Austrian inhabi-
SON isiverally drew up and remi•.ted to the commis of their
Miens a memorial, urging them to use their influence to
piegere the return of the Pacha. in the character of goon-
IBM. In their memorial the Austrian residents pay **fol-
lowing tribute to Ismail Pacha :
1, The Austrian colony residing at Smyrna bee learned
with deep regret the approaching departure for Constsa-
his* entisinelleaey Ismail Pacha, the governor general
of aill jiyalst ; and as be is summoned to assume other
Mediae, the probability is that he will not retails to this
his previous government. Such a change, under existing
eirsumstances, would be a real calamity for every respectable
penon in this province, for since he was invested with the
government, notwithstanding all the difficulties of Ms
position and the serious events that have occurred subse-
quently, he has constantly known how to maintain
de most perfect order in all the places within hie
lettingen& lie hie cleared the city and its neighbourhood
of the robbers who for the last four years have infested it,
sad carried on their deeds of violence with unheard-of
audacity, spinet which all the efforts of preceding gover-
-es bad been of no avail. He has restored confidence to

AND
1 7111

pttrifi the Good.
. system, sad s
. molly edict.
ulcerous

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•
• transport of provisions, baggage, and soldiers, have non bad bees or no anti. nu iiii. re.......,,........... ... x 0„,,, ami, (.. ~, ... ..n. ‘,. ...., _r_
~
tants who despaired of seeing public order re- soldiers have every kied of such as a it I'm" ruin's' `'' ' 7- -----"- `-ts-a—ri-ti" eiety, in the room or tna tate .......... ..,.. -,..- —..... me ..,,,,,, ~m.,,, .. _____
h not only not vet been returned, but have actually the inbebi . • . • • enjoyment, , an mama on eons o gentlemen cones with
never since been heard of. They may bay, bean vivo. He has sot oonsidered lannelf or his exertions theatre, cafes, and other things calculated to increase important comas After somediscussion asthe to defalcations of their late se- ~ • That was not asserted on bebull of
each right whatever.
4 nisi interests of this town should d. •
arrived by day or their comforts. The camps of Wimereux and Hou- readily listen. to •vague projects for_ . disturbing eretary, the committee were re-elected, the accounts re- the relators, but it was argued that the duds did nut ode-
sent to Siberia, or be sticking at thin moment in the whenever any serious affair arose, betuately provide for the objectisof the founder, and therc-
s- impassable sloughs of the Crimea. In many of the night the first wherever he gamed his presence mmessary. vault have also completed their theatres; and that at basis
.onforwheuiechh the
a ooeuurrsnezrouolfd
be must
mcoosatntginwu
the ceived, and the proceedings terminated.
tre this court ought to give relief and mitt in the carrying
It frontier towns of Podolia-for instance, at Kaminitz In the civil disputes brought before his tribunal, be has Equihem, which was blown down by the late galas, e [Advertisement.)-Hom.ow•Y's OiNTMENT AND
PILLS • CEITLIN AND ETTECTTAL BMW TOI TIE'
01 7111 ooe of
his views and intentions. With regard to the tint
And 'if one time could have been more unfortunate
s. -hundreds of waggons are kept in readiness to be will be shortly repaired. Each of the camps will have 810.-_,Nuwwww.,_,,,,terel.....%,.ii°,sdirms acr°tula..n.,,,‘"°T k,laleLm.."ill. ~.."*" point of the correction of the deeds the argument was to
always' given proof of superior judgment and the strictest than another for propounding each a scheme, it would be
Is loaded at a moment's notice with the public treasury, impartiality. Is a word, has uniform conduct in every two representations a-week. There will also be la one like the present, when we were threatened with such Inadaliv any 7,,,,,,Mb,-"stedwi- watt . more myth.- -- -.0.g,-- thought untenable. That argument was that the pt i sons
archives, and books, and carry them to a place of trussetian within his sphere has been such, that the old theatre at Helfant, but some delay has been expert- an inundation of the precious metals as would not only rem this thstreseetunbe.litOZZOD
...n.mgrais.
t.:11. g itigiiifigleei. who wore to declare what the trusts were, were not tho
we safety more inland. These waggona are relieved Inhabitants of the eeastrr concur in declaring that enoed in its construction. Mau to make our currency redundant, but to alter the so in am .a ro the Wad, traitees but the subsoribers generally. Bet there use
a-vales of the basis of OUT CUTTIOICy WON; wham the pro. dam are_noindy merisaise inoTha sad • I nothing to show that the nineteen persons whine names
every fortnight. Blayne for more than half a century has bad no go- A careful inspection of tho part of the Northern
several pawl had nasally been founded upon the alleged scarcity of 11•111•0 011"11.1.14' ma" "3"1"Iga
._. als•amainhotessours, bum. =aids. ilauhdat • temasles an WWl= I were sm the deed were not the only eubscribers ;
I and even if they were not it was not a be
it Recruiting is carried on in Poland to a much IlffelM so upright or intelligent, or so animated with the Railway between Arras and Amiens, where mosey in dram d pmsurs. Tits engagements contracted ; en.% mamma ma merimata-sold hy a=
• greater extent, and with morehfrofpressive sevecity, desire of nliglossly fulfilling the duties committed to his goods trams have of late run off the rails, has led. to by this country during the last war had been meet hononr- I &me wows d ene at the Establishments of taken for granted that the subscribers Airsee 'Auk
' content with the trusts. Re agreed with IhirTion-Olawl
be '' than in Ennis Proper. The t levy in particular charge." the discovery of the cause of these accidents, which ably fulfilled i but to antkipst• ths approaching depress, gamy, a% streAlsakes, sad IA 1181404.11. New UN,
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seller, who .aid that where the contribularat
tors were too
aurora to te be all insered in • deed, the deeies ei IrsMs
be such a deed might be hikes to be the 'specifies of the
ands of all the contributors, and it was to be taken to be
suoi onorumint which carried out their views. This can
mu t thea go en the troposition that the deed of 1751 coa—
Uinta the fotentioas of the fen:satin. Bet the relators said
that it was shown by evidence what were the intentions a
Sits touriders, wad whatever WITS the provisions of the deed
they mast give way to the ascertained intuitions of the
*soden and that thoss intentions Were, that the &Wei
shosed be reserved for the followers of John Wesley, and
therefore that as all the preasbers of his persuasion were ap-
point d hy the Conference In this instance, there must hese far
• deviation Item the deed as to vest the appointment in the
Conference, wad that view was supported by the decree of
the Vice Chancellor. Speaking with all the diffidence
whielhney judge must feel in adoring with Vice Chancellor
Wood, and especially considering the great care and atten-
tion which he bad given to this caw, he (the Lord Chan-
cellor) nevertheless had a very decided opinion that this was
not a purpose for which parole evidence was admissible.
Is
Lady Howley's cue, and a case before Lord St. Leonard&
is lreland, parole evidence was admitted only for the
pose of enabling the coact to undentand the monolog
wax to be attached to certain doctrines indicated is the
deci.. It was like evidence such as the translati
ident*on
evident* gives in a budge language, or ev
given for the porticos of captaining some scientific subject.
But in none el the cases decided in the courts below and in
the house of Lords was the admission of such evidenhe
ce
allowed, which was not for the purpose of enabliog t
court to understand a deed, but to show that the pensions
of tbe deed clashed with the intintions of those who* MP
mated the deed, as was sou,tht to be done with repel Male
lateatiola of Wesley in this ease. It was said that sisthi
evidence was admissible in explanation of what was the
doco rine, and what the preaching sad ezpounding of God's
Word which was intended to be kept up. If there was
any question as to the doctrine to be preached, he agreed
that the (silence was adusiesible, but it was not admissible
fot the purpose of showing another mode in
which the mini.ten were to be appointed,thop
having been clearly appointed by John Welke
durirg his life, and after his death by the trustele.
Baring a very decided opinion oa that point, there was se
OCCISSion to 40 into the question as to what the effect of such
evidence would be. Still he would say, in posing, that le
kis mind the evidence was not satisfactory to show that the
founders intended to make themselves a part of the synth
of 'Methodism. It appeared by the Minutes of Cu'anens
of 1749 that a form of deed for the appointment of punier
was agreed to, and he thought that it was reasonable to
supp.se that the trustees of the deed of 1751 had that model
deed Litton) them, and advisedly deviated from it wires
declaring the mode In which the preachers of this chapel
were to be appointed. He was confirmed in that
Opinion by looking to the provisions of the deed
the
of
1752, which still vested the appointment
trustees, but with the addition of the class-leaders ;
thus showing a secured intention of excluding the Con•
faience from the appointment. That led him to think that
the Bintall body were desirous of being members of the
methodist body, but not to give up the power of appointing
their preachers themselves. The retention of that power
was the principal object in the deeds, and he saw nothing
to show that their connexion with methodism was their first
obj.ct, and the power of appointing the preachers only the
second. Tho result of his opinion wee that he differed with
the Vice-Chancellor. Fie .aw nothing in the deeds to show
that more was meant than that the chapel s retai,
its conneaton with methodient so long uld
as that'
connexion was net inconsistent with the provisions of
the decd of 175 L The object of the relators
was to ob!sin the Dower of appointing the preachers for the
Conference ; in that he was of opinion they had failed, and
therefore the appeal would be allowed, end the information
would be dismissed with nets.

This was an appeal from Viee-Clancellor Stuart. The
ease was argued at the sittings after last term and judgmeat
poetponed. The facts were that George Arnold by his will
devised his real estates to his eldest son George Henry I
Arnold, for 90 years, in woe he should so long live, and
subject to this term, to trustee. and their heirs during the
life of his said son, in trust only, to support contingent re-
mainders ; and from and after the determination of the said
estates, subject as aforesaid to the heirs of the body of his
said eon, George Henry Arnold ; and for want of suck issue,
subject ne aforesaid to his second son, Edward Richard John
Arnold, for 99 years, if he should so long live ; and subject
to the said term, to the Nam trustee* and their heirs
dump the life of his and son, Edward Richard John
Arnold, in trust, to support the contingent remainders
thereinafter limited ; and from and after the determination
of the said estates, to the heirs of the body of his last-named
son, and for want of such issue to the heirs of his own (the
testaters'o hotly, and for want of such issue to the testator's
wife during widowhood, and after her death, or marriage
again, to such persons and for such estates as his son, George
Henry Arnold, should by will or deed appoint ; and the will
contained similar powers of appointment successively to his
other sou and to his widow, with an ultimate remainder to
Edward Morrison, his heirs and assigns for ever. By a
codicil to the will, after confirming the will, he devised all
his freehold and copyliold estates to his wife and three other
proms as trustees, to the use of them in fee, upon tenet, im-
mediately after hi. decease, " to convey to the tenons' of his
flllifiß2ll 'MCI'S such part of his estates as his trustees In
their discretion shall think fit, and as, with the estates com-
prised in his marriage articles, would make up the Jointure
of his wife to 1,2091. per annum; and he thereby em-
powered his trustees, and the survivors of them, their heirs
and assigns, to sell and exchange, or to mortgage, any
part of his estates, and declared that their receipts should
be sufficient discharges, and he charged all tho said
estates with the payment of his just debts." Under this
will and codicil the paintiff, Crape, claims to be now en-
titled as equitable tenant in tail. The testator's son, George
Henry Arnold, to whom the estates were devised for 99
years it he should so long live, had a daughter, Georgians,
who married Jinn% Coops, and was the mother of the
plaintiff, wlio is, therefore, heir cf the body of George
Henry Arnold ; and the question now is, whether, under
the will and codicil of the testator, his eldest son and heir-at
law took en estate in tail by the operation of the rule in
Shelley's cue. The Vice-Chancellor held that the de-
mise to the heirs of the body of George Henry Arnold was a
contingent remainder : that the rule in Shelley's use did
net a ply so as to attach the gift to the heirs of the body of
George henry Arnold ; and that, under the will and
codicil, George Henry Arnold did not acquire an estate
tail. His Honour, therefore, held that the plaintiff Coops
was entitled to a declaration in his favour as equitable
tenant is tail of the estates in question. Hence the appeal.
The Lord Chancellor having gone through the caw, said
that he was of opinion that the codicil made no difference;
and he was of opinion that the decision of the Vices-Chan-
oelior was correct, and his judgment would therefore be
affirmei, and the appeal dismissed with costs.

11-CILILSCILLOII IRS 101111 MAST.
001/1 V. BOWBBIL

This case which wu opened on Saturday was concluded
Thu plaintiff., Mr. Clore and another, were judgment
creditors of a person of the name of Saunders. The de-
tenants were a Mr. Bowser, who subsequently became
bankrupt, sod hie assignees (Mr. Bowser being the assignee
of the esta.e c f the judgment debtor). The question in this
suit was whether a fi. fa. which the plaintiff had against the
estate of his judgment debtor, and on which an execution
bad been deliverrd to the sheriff, gave the plaintiff an
estate in a leasehold property vested in a trustee in trust
for him the judgment debtor.
Mr. Craig and Mr. Moron for the plaintiff supported the
affirmative ; Mr. Bacon, Mr. Malin, Mr. Shapter, and Mr.
T. It. Terrill supported the negative of this question.
Mr. Bruce appeared fur parties who had disclaimed.
A nurabor of cases were cited, and it was contended in
opposition to the plaintiffs' case that the practice of convey-
ancer., since " Scott v. &holey " (8 East, 467), had been for
purchaser. never to search for executions against the equi-
table leasehold estates of vendors.
Tht. Vtce•Co.ancellor however held that the execution in
the hands of the sheriff effectually bound the equitable
estates of the judgment debtor, and that the plaintiff was
entitled to the priority which he claimed as a judgment
creditor with an execution in the hands of the sheriff as
against all subsequent inctiabraneen.

COURT OF QUEEN'S BENCH.—Jear.
inTrigua IX LIICO. WOII WI CumMy JUID C

Iwo., wieroup. Amp moaner.

CROFT V. LOMAS EL PARTS LORD WARD—BIGHTS Or
LSaaLIS or souse lx BEI HATIISTT'S Tit zzzzz .
This was an adios of ejectment brought by the plaiatiff
sparest Mr. Benjamin Lumley, the lessee of her Majesty's
Theatre, to recover possession of it, os the ground of the
alleged forfeiture of the leas*.
Sir F Kelly (with whom was Mr. Wells) now moved
for a rule, calling on Mr. Croft to skew cause why Lord
Ward should not be let into defend the action under the
Common Lew Proteeduee Act, the 15 and 16 Vic. s 76,
see. 172. It appeared that in 1811 Lord Ward took a
lease for thirty years of two boxes on the grand
tier, for which he paid 7,3601- According to the Pro-
visions of the lease, Lord Ward was to be entitled at
all seasonable times to uninterrupted admission, and to
ingress and egress to and from the boxes fit question, and
to the full use and enjoyment of the same Suring all such
nights as the theatre should be open for public perform-
ances, subject to certain restrictions. There were the usual
covenants in ordinary leases. A number of persons were in
the same position as Lord Ward, and were minions to be
let in to defend the action. On the part of one of the
brewer, ea application had beers made to the 1 d judge
sitting is the bail court, but his lordship had thought that,
es the question was an .mportaatone and affected the rights I
of all the lessees, application should be made to the full
wart.
Lord Campbell said that the lams appeared to have bees
teamed with the view of enabling the lessee to be present at
all the performances.
Sir F. Kelly said there was an empties to show there
was a auaaplaW domino, and hat fee it there would be no ,
right of matey at all.
Lead Campbell—The mikes I brought for the whole
opera, and you seek to aid it as Ike holaer of a box.
Ste F. L 2 mei Me vameism atiskt arias whether the
&team be he the die el the premises or fur pert,
sad, thampiera, felkeriag the Wilda cif the statute, he pro-
posed se take the rule
Imed Oemplell—TakelPiatits% le=ternee, and the
Wbis gesedes say be dieteesed Canna.
Rel. eW eleselsagly.

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