The Express.
London, England, 1852-05-29 00:00:00

gab) intelligent&

HOUSE OF LORDS.—YarrzaDAY.
Amato eon Tan Own or Seaton at Satnee—llluean •n
Lae ateranuon. Loan Weateun, en APOTIIIII 111/Na
ten.
DWI S. HAT.—RIONIII Or 811111111D1 OM racirires IN

SCOTLAXD.--4TJDOIIIIII.
The Lord Chancelloe ha,* gess at esmeidarable
into a review of the Scottish authorities as the point, skewed
that the appeal be dismissed, with emits.
The judgment of the court below was therefore
F3201711101‘ e. SILIIM/10.—JVDICIAL PROCIOIDIIIOII Or
PSISTTTIOIU Ix &MOTU. Or SCUOOLKAITIiIa IN
BCOTLAND.--JI/DOXINT.
This appeal was from the int division of the Court el
action, nuns 'judgment in an action of redaction at the
at tha ownoilmnr. Mr. Ferguson, tones -'de a OM-
tones of the Pre:gytcry of Dumfriel I.l.:7litinir him of uu
office of schoolmaster of the parish of Kilpstrik Durham,
within the jurisdiction of the said presbytery.
The Laid Chancellor said the judgment of the court below
was right, and the appeal must be dismissed with eats.
Judgment accordingly.

EQUITY COURTS.—YEarraDAY.
HMO. Tel Monet OF Tee ROLL&
Several causes were disposed of, but mese of them pre-
sented any feature of public interest.
DUIII:I[6S OP 71.111 COURT.
Of the 12 causes set down in the list for hearing this day
the papers had been delivered in only three, and as the
practice is not to hear causes in which the papers have not
been delivered this omission prevented the cause list being
gone through in regular rotation.
The Master or the Rolls said he was sorry to eomplain of
this neglect, as solicitors were in general very attentive
us theme matters. In future, if the papers were not deli-
vered in time, the cause must be struck out of the list.

Swam Tica.CouPersunt gift Gams Tomas&
Ex TARTS TUE CHUIRCHWARDZIIS OF ST. MARGARET'S,

IVIISTIIINIITED IN al VA' DON'S CHADITT.

This was a petition praying fur a reference to the Master
to inquire whether it was for the benefit of the charity that
a certain pert of the funds should be laid out in the pur-
chase of a certain piece of land for • site for almshouses.
The petition also prayed that a scheme by which twelve

poor women were to be accommodated and four others were
to bo allowed a weekly sum till they could be received into
the house might be confirmed, or otherwise that the Mas-
ter might settle a scheme. The charity had been esta-
blished by Cornelius Yen Donne in the reign of Elisa-
beth. He had vested the ground and the buildings
erected upon it in trustees, for the " relief, harbouring,
and succouring of eight poor women," to act as nurses to
the sick within the parish. Tho nomination of the nurses
was given to the Dean of Westminster, the minister and the
e►urchwardens of St. Margaret's. The petition alleged that
the eh urchwardens had always exercised the entire patronage.

In" The Westminster Improvement Act, IWO," clauses were
inserted by which, after reciting that these almshouses were
in the possession of the churchwardens, that they were
much decayed, and that there were no funds to repair
them, that the site would be very eligible for a workhouse,
and that it would be beneficial to the charity that alms-
houses should be built in the neighbourhood of London ; it
was enacted that the churchwardens should purchase the site
and houses at • price to be fixed as therein directed ; that
the money should be invested end laid out in the purchase
of land end the erection of almshouses in the neighbour-
hood of London ; and that the nomination of the objects of
the charity should be fur ever vested in the churchwardens.
The purchase of the site and buildings had been accordingly
completed.
Mr. Speed appeared in support of the petition,
Mr. Jame. appeared for the Attorney-General, and com-
plained of the course which had been adopted in this case.
The charity was one of a local nature, the patronage was
vested in certain parties, and the charity was for a specific
and meet useful purpose ; but, behind the backs of all par-
ties interested, the churchwardens had slipped clauses into
an act passed for • wholly different purpose ; by which they
had obtained that the whole patronage should be vested in
themselves and the object of the charity changed. It was
• fraud upon the parties, and could not bind those who
were not parties to the bill.
The Vice Chancellor said he must amuse be bound by
the act of parliament: but he wished to know whether a
bill could be thus obtained, by which charity property vas
dealt with without notice being given to the Attorney-
General' . .

Mr. James said no such notice was at present necessary,
but the question was now under the consideration :of the
Attorney. General and Lord Redesdale, whether some steps
should not be taken to prevent the possibility of such a
proceeding for the future.
The Vice-Chancellor then referred the matter to the
Master, and directed that the Attorney-Oesseral should at-
tend the reference.

Dooms Yinweiwociazon su :am him.
WINCII P. Ylll BULK AAAAA D, LAvcLsaul, AND
CRIMMINS JUNCTION RAILWAY COMPANY.

This was a bill filed the plaintiff on behalf of him-
self and al/ other the shareholders in the capital of the
Birkenhead, Lancashire, end Cheshire Junction Railway
Company, went that company and the London and North
Western Railway Company, the Great Western Railway
Company, and the Shrewsbury and Chester Railway Com-
pany. The object of the bill was to restrain the Birken-
head, Lancashire, and Cheshire Junction Railway Com-
pany, their directors, officers, and servants, from putting
their seal to or otherwise executing an agreement in the
bill mentioned, by whisk the property and plant of the
Birkenhead, Leamehhe, sad Cheshire Junction Railway
Compasy, with cartels welded exceptious, were agreed to
be Imola over le the Looks and North-Western Rail-
way Compaq, er etheewlee hem acting upon the foot of
such The esbetteatial question in this case
invdwi *equalise whether the Great Western Railway
Conway er the Leaden end North Western Railway Com-
psayanald preponderate in the 'lnduct of the idlers of
the Dhlurnhead. Lamellate, sad Cheshire Railway Com-
=To the bill with dile sidesta denintrir was filed on
of the Louden sad North Western Railway Com-
pany ea the following ds : first, for want of equity ;
sesendiv, ea the gro t the plaintiff and the persons
on behalf of whom be mended to sue had no common in-
terest in the isaidest ef the sak ; thirdly, that the directors
of the Birkenhead. Lesteeehire. and Cheshire Junction
Railway Ceeepee7 were ant made parties; fourthly, that
the 'henbane in the company, or at all events that such
thereof as were &demi that dio amoral ante ought to be
restrained by the biU should be one mete me parties to
the suit ; to which terms, tie smother
objection was added—that the amslilltibi Western
Railway Company were improperly made parties to the
suit.

At the end of the discussion, which occupied a large por-
tion of yesterday and to-d■
The Vice• Chancellor said he would postpone deciding the
question until he had heard the arguments of the motion
for the injunction which was in the terms of the prayer of
the bill.

The case now came on upon the injunction.
Mr. Rolt, Mr. Elmsley, and Mr. Giffard, for the injunc-
tion, were heard in part, and the questions upon the de-
murrer and upon this motion were postponed until Mon-
day next.
Thu ease is extremely important, sad will be reported at
suitable length when the decision of the Vice-Choacellor
shall be come to.

COURT OF QUEEN'S BENCR.—Yraniumy.
Prelim. a Bancp.—Thereas Loll) Carona, Ma. Jrnum

6iUluss7s.- lls. -.lOarses iTia, sap Ms. James &el-2mm .

TITIQVISEM O. Tits VICE-(7IIANCILLOR OT CAITBRIDGI,
SAND OTHEILI.—CILIDIT TO UNIAR.OILADVATEII.
Mr. Watson applied to the court on behalf of a Mr. John
Death, a livery stablekeeper, of Cambridge, for a rule to
thew muse why a prohibition should not note to prevent
the defendants from executing a certain sentence which
they bad pronounced against him, discommoning the said
John Death. It appeared that, under a decree of the col-
We, no tradesman was allowed to permit an under-
graduate to incur a debt above 61., without send-
*, in his bill to the tutor at the end of
wary quarter. In the present case Mr. Death had
=ed this rule, upon which be was *moneyed to lip-
re the Vice Chancellor, and the heeds of houses,
iB lIIIVer the complaint. lie attended, secampnied by. a
111. Oiler, ,an attorney ; but the latter wee used admit-
ting*. nether summons was subsequently sent to Death,
bat be refused to attend without his attorney, upon which
an order was made to discommon him until the end of the
nest term, which order would consequently continue in
force until the 16th December; and the effect of the order
being to forbid any of the other under-graduates In the col-
lege from dealing with his client, it would entail upon
him a loan of at least 4501. Now, he contended that
the Vice-Chancellor had no authority to make the

decree of 1b47, the enforcement of 'which in the pre-
sent ease his client complained ; and that Mr. Death
had a right to insist upon the presence of his
legal adviser to defend him. He was not bound by the
laws of the university, and, in fact, the decree in question
was void because it exceeded the powers of the Vice-Chan-
edlor and the heads of houses. The act of the Vice-Chan-
Wier waa clearly • judicial act; and, therefore, a prohibi-
tion would lie. The learned gentleman referred to tho
One of the " Queen v. the Vire-Chancellor of the University
of Oxford," (I Q. B.) as a ease in point.
Lord Campbell was of opinion that it would be interfering
nest improperly with the discipline of the university of
Cambridge. if the court were to grant a rule in this cue.
&had no doubt that the regulation of the university, which
VElea to have been made on the 11th of February,
~ weevery a wise one, and that it was within the power
et Vice-Chaneellor and the heads of houses to make such
•Alletriee. He should be sorry, in fact, if any obstacle could
he opposed to its enforcement. It wined to him
that there had not been any judicial proceeding
try the Vice-Chancellor and the heads of houses.
They had merely laid down a wholesome regulation for
the conduct of the pupils entrusted to theireare and tuition,
that they should not deal with tradesmen who allowed a
debt to be ran up above a certain amount, without giving
notice to the tutor; and when it we, said, that tradesmen
who did fio should he discommoned, it was merely meant
that a caution should be given to those in state pupillari,
net to deal with any tradesman who infringed the moie-
ties. Thi. was not a proceeding of the Vice-Chancellor's
Court, which was a court of great antiquity and of high
jurisdiction, both civil and cronies! ; for, although a sum-
mons had lees issued, it was sorely to give the livery
stable-keeper an opportunity of showieg whether the
statmeat, of his balms violated the regelatloa woe tree or