The Express.
London, England, 1852-05-24 00:00:00

THE EXPRESS, MONDAY RVENING, MAY 24, 1852.

re-
UN; -llutt "body; hemmer, being very extra 'rely
lisodelled. It is also proposed that the proctors shall
*stormily hold cake tor two years, the ant year of the one
eolemding with the last year of the other ; the duties of the
sake being encitued to ;natter. of discipline, and the elec-
tion being vested in congregation without the restratat of
the Caroline cycle. Among other changes proposed affecting
the state andilieciplitie of the unhersity are the abolition of
oaths; the diseontinuanee of the distinetion be-
Ciseclis"°"noblemen, csatleman oommonen, and 00301110110111 ; a
Check on the credit given to undergradoatee by the early
presentation of bills, end the recovery of debts in open
court ; and liberty for the foundation of halls as well as for
residence in privets lodgings, under due superintendence,
without connexion with any college or hall.
The alterations affecting the studios of the university are
equally exteesive. The commissioners propose a public
examination before matriculation; the option of some
special branch of study in the latter part of the
academic course ; four professorial boards fur the regulation
of studies, via., for theology, mental philuwphy and philo-
logy. jurisprudence and history, mathematical and physical
science ; the entire reconstruction sad menoowinent of the
profesweships, partly by the application of college f How.
Ships to the purpose; the election of professors by the
Crown, or the proposed congregation, instead of the convo-
cation ; the ri metal of restrictions from university scholar •
ships end prizes, and the formation of libraries and mu-
seums of physical science under the cutler management of
the pterosaurs. With regard to the revenues of the uni-
versity, it is proposed to puh'isli all accounts, including
those of the press; to equalise fees; to aniline the funds
of the university to university purposes, and to remit the
stamp duties on matriculation and degrees.
'the changes ,proposed in the constitution and go.
vernment of the colleges are equally extensive and of
much the same character. They amount, in feet,
to the abolition of every unnecessary rule which may
interfere with the true interests of the college. Among
other points, the utilising of fellowships by at-
tacking profiesorial duties; the creation of scholar-
whips tenable fur a limited term; the uproiug of all founda-
tions to the whole university except in special cases ; the
election of heads of houses from the whole body of masters
of arts; the regular and effective visitation of the colleges,
with annual reports to the crown, and the power of making
and repealing statutes. The commissioners, after carefully
summing up their labours, add, " Of the proposals which
affect the university, the moat important are those which
we have made fur remodelling the constitution and for abo-
liskinc the existing monopoly of the colleges and halls, by
allowing students to reside at Oxford without the expense
of connexion with those bodies. In regard to the colleges,
we would especially urge the immediate necessity of open-
ing the bible/hips sod scholarships, of attaching professor-
ship. to certain colleges, of increasing the number end value
of scholarships, of granting to the colleges the power of
altering their statutes, and, above all, of prohibiting as un-
lawful the oaths to observe the statutes."

MUSIC.
HER MAJESTY'S THEATRE.
We have another French debut on our Italian
Map. Italy, it would seem, has ceased to produce great
etagere as well as great composers, and our new Italian
operas are really French and tienuanpiices, represented by
French and Uerman performers. 0a Saturday evening a
French woman, Madame Delagrange, appeared in Lucia
di Lammermoor " We are not informed of this lady's
antecedents, aid do not find that sho has held any high
position as the Parisian stage ; but the is certainly an ac-
complished artist. In person she is tall, with large aid ex
pressive, though not handsome features. Her voice has
that peculiar quality which plainly masks its nation-
ality. It has little sweetens and nothing of the
Italian unteaffo. It is clear, somewhat shrill, of a
high register, and remarkable fiexibiht . Her intonation is
good.:aad she executes roulades and with facility
and lastramental precision. Her style is florid and ornate,
and the chief chiecteristie of her sieging is brilliancy.
Her representaticeof the character was good conventional
eating; met deficient in intelligence and energy, but not
marked by any traits indicative of dramatic nius. She
was very favourably received; her prinei airs were
loudly applauded, and she was twice called r or.
though be has been here all the semen,
has aciamely ever appeared—performed the part of Edgard°.
His beautiful voice was stranger and fuller than ever, and
his acting was truthful and impassioned. His reception, it
is almost naneeneary to add, was enthusiastic.
Two new dawns made their defied—Madame Pepita
Oliva, a Spaniard, who performed same national dances,
and Mdlle. Regina Forte, who appeared in the Sylphide."
Neither of them made any remarkable impression.

A meeting of noblemen and gentlsmas interested in
supporting Mr. Lumley in hie endeavour to carry on one.
cemfally the management of Her Majesty's Theatre, was
held ea Satarday, in the Cencert-Room of the Theatre, the
Duke of latillitet presiding, supported by upwards of 100
influential patrons of the opera. Riaolutions were adopted,
appointing a committee, and opening a subscription, to be
applied in such way as might be deemed mot conducive to
the interests of the establishment.

Tae BIILISINGBAY MUSICAL FESTIVAL is HS be
held os the 7th, Bth, 9th, and 10th of September neat, and
the committee of management have home et esneleding an
nt with Madame Jenny Ouldesimida (Ye lAnd),
=in the event of that celebrated ankle boisaysz
alsle to visit this coantry by the time Bzed, it is
the committee will direct their attention to Mdlle. Wagner.
In addition to the Messiah " and " Elijah " the orsturie
of " Samson " is intended to be produced, together with
part of a new work composed by the lamented lisedshisin,
entitled " Christie."

RAW intelltatitct.
EQUITY COURTS.-BATURDAT.
THE RIVAL OPERA HOUSES.
The sittings et Westminster commenced before the Lord
Chancellor on Saturday, the first day of Trinity Term.
The Lord High Chancellor took his seat in court at half•
pest 10 o'clock, end immediately proceeded to hear the
appeal in the muse of
LUSLIT V. WAONIIII.—INJUNCTION.—JURISDICTION.-
-

lISLICII OP COWTHACT.-MOWlil 1011.
[A summary of the proceedings up to the time of piss
to praseappeared in this paper on Saturday. After thin
report lett]
Mr. liethell said—The ease of" Robinson v. Hymn" mu
formed to by Lord Eldon to show what Lord Widow IM

is _ _ that
Cu..
The Lord Chancellor—What do you say to the asedes
cue of &Mimi* who are prohibited from prectiaing when
they leave their master; or the similar cases of surgeons'
apprentices ?
Mr. Bethell—Theee cares, my lord, can only be referred
to irreparable mischief, and the prohibition to trade causing
• nesereity Sett the interference of the court. In the case
belied he did ef " Swallow T. Watlioger (12 Jurist, 40), ,
sad Is several men of this kind the plea was irreparaW
damp and the refection of trade.
The Lord Cliesseller—This gentleman might say that he
deals in Toed and Instrumental music.
Mr. Bothell-4a "Swallow v. Wallinger," an applies.
doe for an isidetion to restrain the defendant from pree.
*lag as a solicitor within • certain distance of the town of
Be Ives, the court gave leave to bring en action, and would
not interfere until the plaintiff maintained his right at law.
There was a stipulation there fur the pidtection of the trade
the covenantee.
Mr. Bethell would now pass to the consideration of the
mos of " Dietrichsen v. Cebburn" C 2 Phillips, 52), is
"Lich Lord Cottenbam decided upon • totally different
principle from any previously recognised in the Court
of Chancery, and which we. followed by the Vicie-Chaseeller
in the judgment now appealed flea. In that se me the
plaintiff Was a vendor of patent =Aside. The dsbninek
who had invented a new kind ef ell, adored ide as ewer
meat with the plaintiff to be the ender ef thateilomi hew
tract was made, whisk was treated by Lad Oellembren
the natureof a peateseship *sutra= that the delhadneltsbeuld
not supply say raw ceder except at a dimmed did per
cent. Diet:jams eamphlead of • violation of that agree-
ment, and a bill was filed raying for as leguudes, sad
fot an account of profits realised from sales mile la viola-
tion of the contract: A demurrer had bees dewed
to the bill, and the aped le the Lord Chen -
cellor was from the judgment eliewing_ k. His Rea*
in alluding to " Morris v. Colima." said dad Lord Hides
had proceeded upon the fact of these beteg • perfterehipt
and that the case before him was =die se mud a case elf
partnership ; and his lordship pada an injunction to MY
strain the negative part of; the embed. Now, it was quite
clear that " Morris v. Coleman " was a ere ef patneu. ;
and it was only on that ground that Lori Iblembed bere•
feted. " Metric** v. Cabburn " was as dearly a ems Is
which there was ne partnership, and it *a sabmittell tlre
the decision was not wansnted by say previous asthma,.
sad was directly opposed to the deaden ef-Lerd Lyman*
" Hills v. Croll " (2 Ph. 609. ids= bielsedship sad del
it had been laid down wale eti agelacedzie7
in a cue before Sir Edweed Won Oweei
v. Edward'," 2 Drury end Widen/ Elle that males the
court could decree specific pedlmmailesilf the whole ef •
contract, it would not interfere tre eleheill INN part of it.
The Lord Chancellor-1 can owner fee what was my
opinion in the case of "Gertaile. Ndwerde." I wee nee
looking at the principle of injunction% hat rely applied ay
observations to eases of specific peribemeese dessered
Mr. Bethell said an injunction wee meleisleneellet ef deb
court. When an injunction wasps/9i se WS leek.. cry
proceeding, it is only ancillary to the ultimate =epee of
the saes. The injunction is andllsee to the odd.,
performance ; it is the mere iustrueleal by which the did
wares that end.
The Lord Chancellor—Unless whine the sole object is the
injunction.
Mr. Bethel! said there were some few cases where time
remedy could be applied, as, for example, in the cue of the
parish bell. In the ease of " v. the North Stalled-
shire Railway Company " (2 MeN. sad 0.), whisk was en
• contract not to go to parliament, Lard Cettenhem said
if A contracts with B to deliver seeds, anstamity laser-
fere to prevent A from doing asything end se
might prevent him from performing his lellilaat ? IS sp.
peered to him that Lord Conestoga newer Wooled to !ay
that in eases of general castes* which the law of this
country has not submitted * the courts of equity, but
where the remedy Sealy by dameges, that this court weld
take en itself to step in and interhre. The jurisdiction of
the Court of Chancery could not rest on such thin
distinctions, but must rest on the power to give
complete justice. He rested his argument on a pro-
position, which might be stated en • very few
words that a court of equity could not sesame juristic.
tion in any ease, except in accordance with the pewee of
doing complete justice since it could not enforce specific per-
formance of the whole contract. In vain would be the
constitution of the law which had set • bound and jurisdie-
ties to the separate courts of law, and equity in this *navy,
if this court in the consideration of • contract was to adopt
the indirect course of compelling performance of part of an
agreement, when it confessed its inability to deal with the
whole ; leaviog the remainder in • mutilated form and
still to be the subject of precedence in a court of law. He
would ask in what position the parties in this case would
stand? Wu Mr. Lumley still to be at liberty to bring his
onion ?
The Lard Chancellor—He would morally have the right
to commemeation if this ceased.
M ll—How imperils& b the remedy.
The led Chamellor —A perm could net be compelled
by kagertiaateattu:. it might indirectly kimono, toe
sena etinsed
Mr. Dodd eppeledell ad was net Sts buds= of
die ereat. If the messilip dile silk wave ea be tbeided
en, sled if the winsome some be brew& hie the wide=
box. he believed they wield not be dde is Ed
a jary who would give damages to any extent den omit •
case as this. It was couched* that the court mil a=
compel the fulfilment of the contract, and therefore M sp•
plication of its powers to a portion was not with* the prin•
ciples of jurisdiction recognised. He should now advert, in
a very few words, to another part of the case, namely, with
respect to the management of the money specified in the
contract. Mille. Wagner was entitled to receive the sum
of 3001. on the 15th of March, se • sort of advance money,
to enable her to fulfil her engagement. It was sworn to on
the one side, and not denied on the other, that a stipulation
of this nature is inserted in all these contracts. This was
plainly the first part of the contract which was to be per •
formed. It was meet clearly and expressly stipulated that
the sum of 3001- should be paid to Millie. Wagner at Ber-
lin on the 16th of March, whereas her,engagement was,not
to date except from the Ist of April. What was done ap-
peared to be this : Mdlle. Wagner wrote to Mr. Lumley,
desiring. that the term of the commencement of the move-
ment might be postponed for 16 days.
The Lord Chancellor—Send me up the letter.
Mr. Bethell said he and his learned friend differed a
little with respect to the translation. It was dated ea the
6th of February, and the material passage, whisk wee •
short one, war this : " I ask you one, more it you agree te
my putting off for a foresight the ememeneument day,
engagement in such a way that it shell beg= ea the 11th ef
April instead of the lot It would expire on the lid of
July instead of the Ist of that mouth.. I should arrive
then in Landon about the 16th or 10th of April." That I
request was acceded to by Mr. Lumley. Then, ea the sub
jest of the money, the father wrote • letter to Lun inl
which occurred the following word.: "If you send the
letter of credit be kind enough to address it either by the
15th of March to Berlin, or not later than the 2nd of April
to Hamburg, to the care of Bagel and Co., Ferdinand-
street." Mlle. Wagner left Berlin some time between the
16th and Nth of March for Hamburg, for the purpose of
residing there till her departure for England. She arrived
there some time before the commencement of April. Hair-1
ing waited there till the Gth of April without receiving from
Mr. Lamle, payment of the money stipulated in the contract,
she, on the 6th, executed a notarial protest determining
the contract on the ground that the mosey had not been
paid. That protest was reeved on Mr. Lumley, who came
to Hamburg and had several interviews with Herr sad 1
Mdlle. Wagner on the 14th of April, and made visions
proposals to them. On the evening of the 11th of April he
tendered the 3001. to them, which they declined to receive.
Lumley's case for an injunction, if *had one, must there-
fors rest entirely en his right to maintain an action, for he
did not pay the mosey either by the 16th of March or the
2nd of April, bat cooly tendered payment on April'l6,
alter the contract hsd beta determined by the notarial
protest executed on the 6th of that month. On that point
two queries. arose. First, Is the right to maintain an
action, that is, the right to treat the contract as valid, a
matter for the decision of Prussian or English law. With
that pert at the with which be was now dealing, Berlin
was the laces cestentia, afterwards by agreement removed
to Hamburg, whore the same law prevailed. By that law,
according to the legal opinion MI evidence, the money
ought to have been paid as a condition precedent to the
right to claim the benefit of the other parts of the contract.
According to that opinion, the non payment of the
money by the period stipulated entitled Mademoiselle
Wagner to put an end to the contract. That
was the substance of the evidence as to the Priories
law on the point. Now, with regard to the rule as to
which law wee applicable to the case, he thought it was
this: it was not the law of the country where the contract
was made that would determine, but the law of the country
where the contract is to be performed. The law of the one
would determine as to the solemnity of the contract, the
law of the other would determine its I ffect. But this part
of the untreet now under consideration was to be carried
into effect abroad; therefore it must he determined by the
law of Prussia, and he had to inquire whether the non-
payment of the 3001. was pr was nut • breach of agreement
which entitled the Wagner to put all end altogi tiler to
the contract. They had the evidence of a Prussian jurist,
Om, by the law of that country, the nonpayment by the
Ilme stipulated entitled them to put au end to the whole
Detract by the notarial protest, as executed in the cons-
ors form
The Lad Chancellor—ls there any express stipulation as
le the Men where the money was to be paid? Millie.
W in her letter, says, re, Bend it he ' that is, to
.
in, hp • particular train; if nut, rend it to Ilam-
burg." The date of her departure from Berlin does not
Cl. Can it he said, according to a fira emitrArtion,
ir
time was fixed for the la)rni ;it, failure in which
vend render the contract void by the law of the country ?
the money was to be sent to the frely tip a portico•
still there must be some fixed piece, for bills of
Ways were not addly seek= fly about the country.

Mr. liethell mid if his lordahip would refer to tie latter,
It would be bead tint the Lily rannotad the money to be
sent le laid ad fle. m.r the ild of April.
The Lod Chase Me—Zee. that is ansiely so. Still,
sup=the to have been the matiee of the contract,
theissicd was the 15th of Minn; that time was
nalimpeady snlarged for • fortaighL Was the time so
manila as to define any further Ind peeled for payment
oldie meaty ?
Mr. Beth•U—By the original eentnet the assay was to
be paid 15 days before Mille. Wiper's
Wean' fare Y assent COm-
united. Tint the time wasr Con-
sequently the due he payment would bee 16 days,
sr. at say miss, He overt weed einsider dun ft ought to
ben ben paid a nesenside fine Wore she annmaseant
of the =pommel. se se le treble her le nabs wash ar-
=sas devil le aesseney. It way mold set be
tint lb. Danny Ind Mined the nosey at a
neenebie the en the INK of
The Lard Chessalke—lt appose by Mr. Innleeslatter 1
that be ended be Mein Vapor diet ite bed ananded
Dr. SMUT TO pa the retry, be bend all woad I
1 right; and yet.- ilim the wrote to kfisi apes die sub-
Jett of the enemies of the for esouseming her en-
wenn; ono did not snide to the nealnymait of the
sweep Study It was lanabant as her to have stated
that tie /nosey wee sot paid be her OS directs&i. The eon-
tract wee postponed at her own regent. end then, without
saying a word about the snooty not hating been paid, she
broke the contrast an the round of ymeat. Lumley
stated in his letter that Dr. Bather eenhil pay the money.
Did the lady after that object to Mie money not having
been paid ?
Mr. Bethel, said It did not appear that the Wagners had
written to Lumley on the subject. He, however, submitted
with some confideice, that if • person gave authority to an
agent to sot for him in a given transaction, as in the pay-
ment of • sum of money, which the agent either does or
forbears to do, it it the duty of the person to inquire whe-
ther it is done or not. and be is responsible fur the conse-
quence' if the agent mettle to fulfil his commission.
The Lord Chancellor—Me Lumley, in answeriog the op
pinnies made by Mdllc. Wagner to open the contract,
notes that she had no doubt by that time received the
=. la • court of law that would probably be held as •
bat he had performed his part of the contract. Can
you Neept the benefit and reject the moral obligation of
taint, um that he is eel dseeived in the belief net ha boa
pardoned his part et tbe andract ?
Mr. Dead sestestied that se Dr. Bader was Mr. law
WI epee. Milk. Wggss_ wee net band to Wont lan-
ley Oat the nosey palest beta paid. Bet o• Mt it
was wasserm to dwell. he it was net penned Oat
blialas ever bed the money from Lanky. Doable NM
I SITIO Ilili of April to Idenbrog, ad whoa be feed net
ateWa the bed boos bsseen, he seat • telegraphist
unit Lumley them. When the !Mtn seas
di/ net that Se seamy had bees paid.
The Cbannelise-De yea asalead that it was a false

Anent?
Mr. Bothell would say this—That Mr. Lumley did not
state that Becher bad the money on the 18th of March, or
at any time either before or start. Dr. Bader did mot ves-
ture to say that he had 3001 mu L6limalim kids met
at any time. What Lumley said in hi alis we Ws.
speaking of the letter of the 9th of Much, Meet be one
time before, and at the date of such letter, Bohm lel le
his band; money to the amount of 4001. Baabecin lis
davit does not say one word about his bookag lie.
Lumley's own letter wee most important en this pain In
writing to the Whiners he said, " I had previously to the
receipt of the letter of the 9th of March arranged with
Becher that be should pay you the 3001. stipulated." Not
a word that he had ever paid one shilling after the 9th of
March. The affidavits of his clients stated that Becher
never had the money.
The Lord Chancellor—Ton swear to a negative.
Mr. Death said Dr. Barber had sworn in his affidavit
that kremlin to the Wainers on the 18th informing them
Sidle led the ; but both the Wavers in their AS-
&mite Amin this. They admitted that they resolved a let-
ter frees Heithee, but positively stated that it mode as Or
ein to the many.
The Lend (thensellor—Why Is the letter not prods's'?
Mr. DthreD—No ; it was lett at Berlin.
The Lied Chancellor—lt comes to this—Mr. Lumley
mean est be seat a letter of credit for the amount to Dr.
Dachor. Dr. Dams mom that he wrote to the Wagon,
wassails ams deg he had the money. The Wagner.
admit tidyreseleml lie letter referred to, but deny that
it oesitheed any sinks to the money • but they 110 00i
=lllll letter. nessilme, in the faZte of such emotes.
ovidesee, while the letter remains unprodueed I can
only elm to the esnolusion that the evidence is the strong-
est es the pest of the plaintiff.
M. Deem. mid it was unfortunate that this letter bad
ban Mt kg X. Wagner at Berlin. Several papers had ben
MOM. aidlial wind in this country, but the letter referred
to witolset them, and it was impossible to say what
bed bomb Mk. But the conduct of Becher was completely
one Mr supposition that he had offered to pay the
eisiimisp. When he cuss to Hamburg and was told that
MN*. Wegner bad pat an end to the convect, be never
polemic* that he had received the money, bat immediately
annensmsd Lumley by electric telegraph. After going
eema Wadi late a detail, and commenting on t
MOO in the .*davits on this pornt, the learned enamel
mid be shoal ant proceed to advert briefly to the manner
in which the contract was obtained from Mlle Wagner.
The Lord Chancellor—What do you charge—is it ad*
or fraud /
"Wraelat—A ease of direct misrepresentation Is raised
dos the sthdavits. It Is charged that Dr. liacher induced
Wagner.• Wto sign the contract by a mierepreseatation of
hats.
The Lord Chancellor—That is a charge of fraud.
Mr. Bethell--Certainly it is fraud in our sense.
The Lord Chancellor-1 should say fraud in any or every
sense.
Mr. Bethel—That is cerlainly trae, my lord. I do she
desire to use hard words where it is possible to avoid then.
The learned esemed then recapitulated the hots in rule-
rem to this mein whisk have already bum so Mg
stated. He eluded to the appal which had been mode to
popular sating preaudiess. Ming boa a minenhilen ef
• panne in one -of M. Wagner's Isom k whisk he was
represented as saying "that Ingloil was say is be vaned
by her money." The real seseningeg the pomp was that
England only rewarded by assay.
The Lord Chancellor—An ezesedingly geed pellighlaM.
Mr. Bethell submitted that when the oaten was Am
presented to the Wagaers with the dam prohibiting
Mille. Wagner from lunging at oceans, the agreement was
refused. Afterwards a contract was drawn up and signed
by the Wagner' without the clause, which was taken by
Dr. Becher to Paris to be signed by. Mr. Lumley. Mr. '
Lumley at once alluded to the omission of the prohibitory
clause and Dr. Saner saying it must tare been a mistake,
introdeeed it himself, and then, when the Wainen com-
plained of it, he Idled their apprehensions by. alleging that
Mr. Lon* wadi no doubt be willing to waive that por-
tion of she esetrall. and that all would be set right when
The the sides* le Lenin
Lard Cknother—The meaning of that evidently
was slat Dr. Haan sepposed Mr. Lumley would probably
be thing to Om her is break thraiii. the oho eon
siothy, if the sheath be very desiroas Mag,_so, bat that
oho ban sewebid ma eppostunity of -It was evi-
dent that vibes the dam was first inmost. the Wagner"
oilman to it ; and when it was dimmed. Wed at Mr. '
Luoley's drain, the Wagnen, after some sight remon-
*an% seemed to have siren to it. The very complaint
ea that port the dean enured that they in fact
bed Isnot had been Mee.
Mr. , amended that If Mr. Lumley bad seen
Drathe the eissinstassees with roost le
ibe ithankied. be I:L=1 to come
end saes the gm dem me 3'
by the Women IS bed boo mid that this was
ow eprolth..looky, OW if hisheregionsaldgrat
in the liming this
eyousagelplettiami ernika that shammy
wee mei geld et Os thee low shot she bed miry
ream Milo it net logeld, an that the some
was poen, kg, 111 UM sis mull be unable to pi mother
6=174 he wee onviond his headship would in that
had soled is the Eases natural mom oa
this If this lonselies Man out to he nem,
it woad .be imemible te mho, Ai the h;ital
whisk bed bees lane* Mdif Weimer, and
as Mr. Oye. Me (the Issensd omen) 'Nano slide
by say order a wart, deal the one petla a rhea,
to esseilein whether gist was se agniment thefts en the
Women and whether soy Joey of tbio ono, moll ha
to give dumps on a Mob of the igroommt
resdeaskar all the dreaminess, be moot the wort meld
dissolve the injunction.
The Lord Chancelisr mid be mil net boo more of dm
me now, as be wee Align to go showier* es public had-
me. de lanai net sit in that eon soda before Wed.
be ermisr, sod
eniegleted it was Mom*en desirable that the cm should
at the see
Mr. Matins old be had to follow his learned leader,
Mr. Ithrell, bongieuld sot occupy much time.
Mr. keen, when with Mr. Mielop Clarke, appeared for
the resperfien"sail be saw nothing to prevent the appeal
amiltilled to the meat sitting.
law, I His hada* then roes to attend the Cabinet Council.
COURT OF QUEEN'S BENCH.—SaVUO.DAT.

&MPS/ is Basco.—nemaz Castrams, Ma. Jounce
(Mumma,. Ms. JLIPTICI Baia, AND 3111.1111T1011CIONIPTON•
THS Qualm v. BILL.—CiAnon•Mt.
Mr. flerjeant Wilkins applied for • role to show ewe
why a writ of certiorari should not issue to bring up an in•
dictinent to this court, which had been found by the grand
jury at the Central Criminal Court, against Mr. Sill, an
attorney. It will be ri collected that Sill itc'ed as solicitor
in the prosecution against Henry Broome, who had been
committed by the magistrates at Brighton on • charge of
fraud in playing at cards. Aa indictment was subsequently
preferred egainet Rd' fur an alleged fraud in extorting
securities, iu the shape of bills of exchange, from John
and Henry Broome. who are known es prizefighters, and
keep a public house. The learned counsel said that the
Becomes tint applied at Marlborough-meet police•ollbat
for a summing, which was refused, and they subeequently
went before the grand jury with an indictment upon which
a true lied been found. Mr. Bill, by his affidavit, de-
nied that he IMP guilty of the offence cllarged, and stated
that he believed the object of the proiccutors was to induce
him to withdraw the indictment which bad been found
againit them. Mr. Sill hail, on the 7th inst., obtained •
certiorari to remove the indictment for alleged fraud into
this court ; upon which the Bf00:11111 had preferred another
indictment
,agsinst him for consenting to compound •
felony, with a view to keep him in custody, and he had
been removed to Newgate. The charge was auh,teniagiii
the r.sMe ; and it was 011414 r indictment which the lo arcked
counsel now sought to remove by eei tiurari.
Ihe court grams .1 a rule absolute, upon the defendant
finding two serail.. in 100%. tech.
Utile obsolete.

COURT OP EXCHEQUER.—SATORDAT.
&THUM Hi Basoa.—Owes aas Lao Cam JINTICO TOLIACE,
Ms. aims ALIIOIOO. Ma. llama Purr. as:. Ma. arias
MAIM/4
This wes the ant day at Trinity Term. The wart sat
at tea o'clock. Mr. Basoa Parke will be the Wei prima
judge during the tern.
ilinshscalus e. THU ROYAL MAIL STRAW PACIUT

COMPAIXT.—TMs GOLD DVIIT RORMIRLY.
BIM time alms this maim was tried, the object being to
Mews trees the estandieste the value of (*Sala boxes of
pY dash which were het ea their way from Boathuopton
to here*" by the &nth Waters Railway.
The lard Chief Bares new lathaated that the court was
unanimous in their opinion that the direction which had
ben 101111% to the jury at the an favour of the defen-
=ought to have beta he favour of the plaintiff. If,
, the parties acquits's& in that view of the matter,
the court would at once premium its judgment, and in
pammease of that decision the verdict would be entered for
the pleistMlL By the adoption of that course there would
be GU mid elan NW If, however, on the other hand, the
parties meant to tender a bill of exception, with the view
to having the matter determined by a superior court, they
must at ems have the bill prepared, and then, when it had
been beaded fa to the court, judgment would be given, and
that judgment would be in favour of the plaintiff.