The Express.
London, England, 1852-11-08 00:00:00

F, , SOVEII9Ip• 101149,

CONVOCATION OF THE PROVINCE OF
TORR.
The
od TiIAI spessliejpe 2•6404I.1111 Friday mpalas of Cu
the yoowleak 111211 la the
plierld=2:oo The Raw. Calm
of Me Grass tba AMA MI,. and.
obe Rom Oana Dims gm aloe yloaaak oda dos Ifiao.
'int* at the Cathedral.
the . add" altaadott by Kr. J. Dsk*
plessedis4 Is alipill,h9ll6L XT. 0. A.
Ibo Aso=iloias7tary, was aka
idelThrita .01881 aid POWs. Ambismods
who ropraisMad the UN Of Waif aid Las; Rea.
aa4Vory Rev. the Diu of Rise, Veg. 8. Oatyko, Ara-
dawn et York; Vac R. F. Wdborforeo, -NlabOka of
do Aid MINI; Von. L Omuta., Arcbducas of Clove.
load; Via. C. Matstavo. Arabiloacoa of Coma, sad
ethos._

—"III-14441er~ emimasseed the prusedimp by reading
the Quoin writ et imumneas, and einem* the arch-
Yawl steundeism wrestle, the Hey. Canon Hawkins
his sommedgaisesr. The arebbishop's apparitor then made
the all Mr pain summoned to assemble by the ern-
Zl=llesthehhidalanestzgettiar made the
residded the pindividualreeeece or
gestios milbsynsogieed thereto.
!MIMS Asa the diocese of Durham, from the Dean and
=l.Ttembsis, teem the arehdeeesa ry sad clergy of
ea from the arehdesemary of Northumb.!, I
land, um geommited, and the whole el them rejected by
the Maushilielf In the fallowing :--" I wholly re-
Jen them priftantimmas frivolous mad tailing, and in no
way wittiest% dm wrist hainses."
The Cosanielswee Rum resod that them was no
limes feces thrum to proosod to badness, upon which
The Rem Teem emu hewed, awl maid he had a
udder tis jusent Rua the orohdeassury York to Couro-
nnes, wIIM as solted to be allowed to read.
The Oeunthoismer—l shall not allow of up discussion or
spends.
The Rev. Canon Trevor—lf I read the petition, that will
TM be setkiest, and I will not do more.
Casaississer—Very well.
TM id" Comes Trevor then proceeded to reed the
basis of the petition, which est forth that the church of
Roglastd requires a development of her energies and re-
Kann beyond what is attanible in her present state and
petition, end the petitioners were persuaded that, without
the full and free exercise of synodal powan, she cannot 113 Z
to realise a state of eflicient7 commensurate with the • ,
sad calling of hr Divine Head ; that, as a branch the
Holy Catholic church, the church of Ragland has au lade-
&wilds right to 001 exercise of corporate action by Intense(
the apostolic institution of synods ; and that, without such
action, she cannot effectually guard the deposit of the
faith ; and that, coiled upon to minister to the *pintail
wants of a rapidly-increasing population, sad surrounded
by a variety of hostile religious communities, not one of
debarred from the
..privilege of united action,
=l la
church !Rhein under a grievous disadvantage in con-
sequence of her corporate action being paralysed, as it
sow Is, and has been during a period of more than 130
yean.
The Commissioner—We are entering too much into argu-
ment. _ _

The Rev. Canon Trevor-1 am only reading the words of
the petition.
The Commissioner—l will only hear the heads.
The Rev. Canon Trevor then went on to read the heads
of the remainder of the petition, which concluded by pray-
! ins that this wen. house would eddreas to her Majesty
suck prayer as they in their wisdom may deem most condu •
rive to the revival of the synodal action of the church. lie
had other petitions to the same effect from clergymen and
laymen of the diocese of Chester, from other clergymen and
laymen of the same diocese, from clergymen and laymen
of the deanery of Goole, from the dioxin of Manchester,
from the diocese of Ripon, from the archdeaconry of Soder
and Man, and from the archdesoonry of Liverpool, and
from the vicar of Rochdale and some of his clergy. The
canon concluded by saying that he concurred in the prayer
of these petitions.
The Rev. Canon Dixon presented a similar petition from
28 clergymen in the archdeaconry of Soder and Man, bat
stated that he did not concur in the prayer of the petition.
The Vell. Archdeacon Thorpe presented a similar pea-
lion from Durham, which had been signed by 155 persons.
The Hon. and Rev. F. Grey presented a petition from
the Archdeacon of Northumberland.
Archdeacint Wilberforce presented a similar petition, and
asked to be allowed to found a motion on it.
The Commissioner refused to allow it.
Archdeacon Wilberforce—Then, I protest against not
being allowed to fund a motion on it.
A petition was also ;duetted by a Proctor from the dean-
ery of Carlisle.
The Veit. A.rchdeseon Musgrave presented a petition to
the same effect u these which had gone before, from a cer-
tain number of persons in the arehdeaconry of Craven. He
stated, however, that he did not identify himself by any
means with the substance of the petition ; at the same time,
it was s respectfully worded, and so deferential to autho-
rity, dust he begged it might be received.
The Rev. Mr. 111 %indeed
,presented • petition from the
diocese cf Manchester, in the prayer of which he heartily
concurred, and was &sinus of making a motion to the
same effect.

The Commissioner said he could not be allowed to propose
any resolution.
me Ven. Archdeacon Churton also presented a similar
petition from the arebdeseoury of Cleveland, and expressed
his eoneurreneein the views of the petition.
Other petitions were glee presented, the whole of which,
like those that have gone before, prayed for the revival of
synodal action.
The Ven. Archdeacon Thorpe then read over a resolu-
tion in the form of a prayer, that the petitions and protests
now presented might be taken into consideration. •
The Commissioner refused the application, upon which
The Vest. Archdeacon Thorpe read a protest againO that
&Kiska. _ _

Araidemon Wilberforce—l beg to add my name to that
peptise.
The meeting was then prorogued to the 18th of May.

Tux MISUNDERSTANDING IN THE WIRT Essix
MlLlrta.—llir Joke T who has es Vim
omega enamel
of the West Bros id' tie, sent in hi. seder
the followiEraidtemesUmers:—lt memo as lit.
Duke of sad all the lerdiftemmt of cweeties
were in the ofellewieg emir militia aim** amnia
their owe odious, ondl, Mies es Ms setablinted met
J. Tr rell nominated es le noMmemaissiessi
burst, whose falba me kited at Waterloo, who tad sawed
in India, and is the /tit Cape war, and who, it le said,
Lord 0. Fitful had foundered most it for the emumed.
Lard YsJ.ri, hwensme, es lord-lieetoneat, intimated Mei
he w.sx assedme 1112 power. and hip .Mated flpsda
Tower.. iselmeinueleuel. le osuesqueme of ' err
/NW f 41 tisepred hi. • -ssation, which his

laa---"--
,
lestrearliglowtspt the leet.nnased
we OW ray other asigeatiese issa
ZrillOra the fellow rims ha the prate& The
amsesed hem mut, although the asshoset Zees
.11rarestalble ea Tuesday in Chelmsford to sowsrase he
twenty.era days adman g2_
DibILANCIIIOLT AND FATAL ACCITMST Off TICI IMIL
—ohnaand fatal aseti
by oat easessal IS tlis Lb, ea
ho Midday Lai, whisk a yew gladsome,
tt Ike of We, met with a watery grave. FMK
IMMO effiesed at the !squat, before G. V. Co:,
,Wm/I.Le straw he the University of Oebsd, ea Ss-
tessales, 11_ Mowed that three
op yous 0. Oxford, visa itell:IS.111117111=_ . . _
WieHowe, R. diemiall, and I. Morris, Wog a beet
dingy," sal
afarsoews the Isle te Abingdoe t to
'Matt return, and just ft passim tiessihrd. the oral
Mom to freshen, when they simalvoi to hail the imil. lad
wigs in the act of doing this Hr. Hews overbehmead hies.
wit mid fell hi the water; the Dodd= amoral eased the
dingy to sieb,, and his two Meade led to e
lude fee heir
lees. Fertradely they sessesdal in roashia the share,
MG 111119111:ria00 aii their somprataiewhe we eerit;
Mell etesl4.ll4alerislakillaseistaterill, sad semeolsd iii
of WO, but by some mane Me. Howe
*gra die body,. and both went together.
Sian
The former while under the Waif relined
lionelf hem pip of the latter, bat em mating to
the whet he lead himself ins week lhol, to oats
M owe to the shore. La elms tors
y IL*. - but before any asislamee weld be
ordered, the streak which was very tepid, took Mr. Howe
sons little diorama and then the aakotagate gentleman
wee dashed evil isrAer. His bodwet heed in shad
se beet NW isksoys4 to the labile-knee at
lieediel. whets the heel woe held, sad in aoterdsace
with the alLissea a asset of accidentally drowned was
retoreeld. Tao derailed bad been at swage about a
twaltraselL Ils was auras of Cardiff, em[ Wleft a
widowed ragbag, Mara, to lament his nodosity sad.
Tax WHIM leilelfs.,—The tuna for resolving
doss essays* Is be esisested to the let of Morel. Several
gestlamen inteedlegto toupee* for the prises (which are
25* hr the Asa steak I* tito unt bee.) wattle.26*
resment that tits lids is thee ests t ;
sad el a
on tiaaplay, * lga.aleMwe it we Issermakei es
accede to so rememallie a request. I
FIRE AT THI HULL RAILWAY GOODS STATION.
—On Saturday evening a aro broke out in the goods ware-
house of the York and North Midland Railway Compaoy
at Hull, which, before it was extinguished, totally de-
stroyed the building, together with Berard thousand pounds
worth of goods.
SUMMARY OF NORTH LANCASHIRE REOIETRATION
1852.—New claims, reformers. 1,2t12 ; ditto struck off, 271;
new claims, conservatives, 817 ; ditto struck off, 202 ; glin
to reformers on new claims, 378. Refbrtnen struck off ea''
objections, 828 ; conservatives ditto, 1107 ; gain to consons-
fives on objections, 121. Total gain to reihenses, 265.
Tnn SPECIE BROUGHT BY THE thissinut dinTAII
at Southampton. Rom the Mediteresseee ea Friday bay
and which was contained in nearly liio ti
all landed early on Saturday morning, and . to
London by the nine am. train. Abort .ofit MS
teosa
silver, from Malta, and was In charge at a goverment
Alm from that Wand. The rest was Andy from Coo-
eteetinopie, and a great portion of it is saderatood to be
what was taken out to Constantinople by the Sultan
steamer from Southampton as a portion of the Turkish
loso and that It will be returned to France, from whence
it erigiaally came.
Tun Dust's FUNERAL.—Tho most striking ru-
mour current on the subject of tho preparations et Chelsea
Heepital is, that " the idea of displaying in the hall the
digs taken in the duke's great battles has been abandoned—
as the sight of Ulna might give offence to foreignets."—
ffpnifinfor.

SPORTING.
HUNTING APPOINTMENTS.

STAOIIOI7/11D11.
Bea. F. Pare's, Tuesday, Good Ea/der—at half put 11.
POI ROUNDS.
Albriettos, Tuesday. Hinny; Thursday, Whit:lissom ;
Saturday, Ward Tep.at kall-paet 10.
Gate—at . Bridge Hawick ; Friday, Logan
Inds. 10.
Darialshre, W y, Whittington Wad; Friday,
1:1111sgtan Tewa—at baltpast 10.
Cerabar, Wednesday, Warden Village; Friday,
Maw* at hast 10.
Canseetbearldre, Tuesday, Hoak and Fountain ;Friday,
Unseals Bridge--at 10.
Clareload Thursday, Nuntborpe—at haltpaat 10.
Mr. Collier's, Tuesday, Portobello; Thursday, Shoe-
ban ; Saturday, Meopharo erses--at haltpast to.
Crawley and Horsham, Wednesday, Moak's Gate ; Fri-
day. Lowileld Heath—ata quarter to 11.
North Devon, Thursday; Bickner Bridge--at half-past 10.1
Booth Devon, Thursday, Staventon Bridge—at 11.
Mr. Drake's, Tuesday, rattan Audi.y; Thursday,
Oriodon Village; &
s; Saturday, Thonford Muuse—at a quar-
ter to 11.

—LOrtiiilcho's, Wednesday, Drake Mire; Friday, Long-
ridge; Saturday, Now Ladykirk—at half-past 10.
Fosborousth, Friday, Cent West—at half-past 10.
Mr. Funs% Friday, Ashreigny—at half-past 10.
Mr. (barn's, Wednesday, Swinley Lodge; Friday, fold-
shot Mill—at half-pest 10.
Gorrerddan, Tuesday, Crestwood ; Saturday, Llanayron
—at
Gwrtheyrn, Wednesday, Llanfair Hall; Saturday, Lin-
vihangsl Yeroth—at 9.:
Barabledon, Wednesday, Fair Oak Village; Friday,
Wansford Park—at a quarter to 11.
Riunpshir• Hunt, Tuesday, Tinhorns Park; Thursday,
Bighten Wood ; Satarday, Well—at a quarter to 11.
Hsythrop, Wednesday, Tar Wood ; Friday, Farmington.
grove ; Saturday. Ditckley—at half-past 10.
flunky, Fri y, Slansteed Farm—at a quarter to 11.
Mr. Lunn's, Fridsy, Colson Cross—at half-past 10.
Mr. Manholes, Thursday, Lyntioott Bradworthy—at
half-put 10.
New Forest, Tuesday, Bolderwood ; Friday, the Ilatchea,
Sherlield—at half-past 10.
Puckeridge, Wedoasday, Malden Green; Saturday,
Cumbelow Green—at hall-past 10.
Sionington, Tuesday, Ossraldkirk Bank Top; Friday,
Tylas Bridge—at 10.
Somerset Subscription, Tuesday, Buncombe Hill; Ili-
day, Bromptom Italph—at half-pan 10. •
Somerset and Wilts, Tuesday, Nannycatch Gate; Fri-
da), Black Dog—at halfint 10.
Tivyside, Thursday, this Star—at 10.
Mr. Trevor's Wednesday, Aakeridge ; Friday, Langley
Bottom—at half-past 10.
V. W. H., Tuisdar, Red Lodge; Thunday, Foss Bridge;
Saturday, Poulton illage—at a quarter to 11.
Vine, Tuesday, Tidhury Ring • Thursday, Breautands ;
Saturday, Wolverton Park—et 11.
Wheatland, Tuesday, Monkhopten; Friday, Harpeford
—at half-past 10.
Mr. Wheble's, Tuesday, Thne Crowns, Bucklebury ;
Friday, Ashampstead Chunk--at 11.
South Wilts, Friday, Stockton Wood—at 11.
Wyeside, Tuesday, Clirow Hill; Friday, Velinvaeh Inn
—at half-past 10.
Colonel Wyndham's, Wednesday, Barton Park; Friday,
Stanstoad Avenue—at half past 11.

itikteu, Thursday, Oalisras; half past 8.
Breconshire, Tbundsy, Talybout—at 11.
Bronwydd, Saturday, synod Inn—at half-past 10.
Carlisle, Tuesday, Dalstou-road; Friday, Eaughton
Heed—at 10. . _

Craven—Tuesday, Kclbrook; Friday, Skrinon
at 11.

—Hr. Deation's Wednesday, Skaugh Village; Saturday,
Crewabill Dow:ls—at 10.

Dafve7ton, -lue;elly, Dulverton; Friday, Leasure
Bridge—at baltpast 10.
Ramont, Wednesday, Temple Soverby; Saturday, Bull's
Head, Plempton—at hall put 10.
Harrogate, Wednesday, Lund house-green; Saturday,
Bottlefuls Head.
High Peak, Tuesday, Moneys& Village; Thursday,
Elton ; Saturday, Loa :one—at 11.
Lord Lonsdale's, Friday, Huleott—at 12.
West Norfolk, Saturday, Caatleacre, Wick-n (a deer)—
at 12.

Okeever's, Wednesday, Bradbourne, Tull-bar;
Saturday, Waterfall.
Worthing, Tuesday, hinutham Well Hose; Friday,
Steyniag Yost—at 11.

NAVAL.

ADMILLIT, NOV. 6. APPOINTMENTS.— Rev.
Percy to be Chaplain' to Rodney. Masters' As-
sistant ham Holahan, to Inelefaligaide; Henry J. Parr,
kitrataltltNi, late Commander of the Lady Frank-
lin and Sophia, bill been honoured by the Duke of
Northumberland with an interview, and has received a
gratifying acknowledgment of his own services and those
under his command from the present Board of Admiralty.
PoRTSMOTTIL Nov. 7.—The Duke of Wellington,
131, had a company of shipwrights, numbering GO men and
apprentices, placed upon her yesterday, who commenced
cutting away a portion of her steam for the introduction of
the screw propeller, and upon other work. Her billx::Tals
also taken out by a gang of convicts.—The Royal
yacht, struck the broad pendant of Conilleillie Lees A.
Fitzelszence at sunset last night.—The Nay eleamaig,
took out to Spithead yesterday a party et easeene MU the
convict prison at this port, and pat Mess en Inset ter
Dudbrook, hired convict ship, for pomp to Frontage,
Western Australia.—The Sharpshooter, 8, screw seam
vessel, Lieutenant-Commander Parish, got up her dem
alongside the dockyard yesterday to try her
Fairy, steam easel, Master Commander WXLl6llBo:o%"4ll.mat
of harbour yesterday to try her engines, and maned in
egela is the afternoon.—The Leander, 60, Captain Ring, is
fa=to be ready for sea by the 9th inst.
SPORT, Nov. 7.—The Lido, 18, Captain W.
I. A. Mamboed, was towed into harbour by the Coalman •
en Thanalay; she will be taken into dock to-morrow (Mete
dm) %make good defects. The Dee, steamer, Lieut. G. T.
liesitk sailed on Thursday for Sierra Leone, the Cape,
*a.- She takes out Mr. Roberts, the Governor of Liberia.
The Oriental Queen, hired ship, ailed on Thursday with
male assists for Hobart Town. The Banspareil, 81, Capt.
Sidney Colpoys Durso, on being taken out to try her en-
gines ea Thursday was found to answer well. She mad*
throughout the trial about eight knots per hour. She was
tried under sails also, and appeared to give the utmost
satisfaction to all oa board. The wind was light and the
trial was short, but she wore well, and stayed remarkably
well. On Saturday (yesterday) she was fitted up with her
supply of coals; she will take in 'her powder to-morrow
(Monday), and be advanced on an early day after, and then
sail for Lisbon. The Devon, lighter, Bmd, master, arrived
hers on Friday morning from Portsmouth, having =edema of
the quickest runs thence ever made by a similar mini, isaviag
Portsmouth on Thursday evening at six, and striving in
Human by daylight the seat monclag; the wind was
(avowable in direction, and blowing half a gale. The
Devon brought round the body of Mr. Henry Davy, late
the emend master attendant at the Portsmouth dockyard,
and previously I. the corresponding °See at Devenport, in
which neighbourhood he was well known, and as much
respected, and where his family resided. KM mortal re-
mains on the arrival of the Devon were landed and taken
into the house of Mr. Mills, the master attendant is the
dockyard, and yesterday (Saturday) they were taken thence
and buried at the new emery at Peanywinequiek, near
Plymouth. The Termagant steamer came into harbour
yesterday to have some defeats made good, end to fill up
with coals. The Prince Regent, the Queen, Rodney, In-
defatigable, tho Hogue, and the Edinburgh are at this
port. The weather throughout; yesterday and again this
morning is very boisterous, the wind from the W.B.W.
blowing almost a hurricane accompanied with torrents of
rain.

FPNERAL OP TILE DUKE OP WELLINGTON.—
On Saturday, at a fully attended meeting of the re-
resentative vestry of St. Marylebone, held at the Court-
bowie, S. J. Stephens, Esq., in the chair, Mr. Michell, of
Ozferd•street, begged the permission of the vestry to in-
troduce a subject which, perhaps, from the circumstances
congested with it, oouid not with propriety be longer de-
layed, namely, the mark of respect which should be paid
thelarish of Marylebone to the memory of the late
Dab et Wellington, on the day of the funeral—whether
they should step out of the ordinary course in paying some
tribute to the groat and departed dead. It was probably
because he Mr. Michell) belonged to that class of the
community who were shopkeepers that it was thought
proper to place a resolution upon this subject in his hands,
in the belief that coming from one of their own order it
might have its influence upon those of his chug in the
parish of Marylebone. Having been in former years an
assistant himself, he could speak of the inconvenience and dis-
appointment which had been felt by that numerous and
useful class on similar great occasions from the circumstance
of there being no definite conclusion come to by their em-
players as to what course they should pursue, and therefore,
although the ensuing occasion of the funeral of the Dukeof '
Wellington might be looked upon in some degree as a great
holiday, and he was desirous of conferring that boon on the
shop assistants of that parish, still he hoped and believed
that the occasion of the Duke's funeral would be considered
as a solemn holiday, and be observed by all classes with the
greatest decorum and propriety. Ile had no desire to enter
into the question of the merits of the great man who had
gone from amongst us, but feeling that the ensuing occasion
was one of national sympathy, he had great pleasure in
moving—. That in the opinion of this board it would be
skewing a proper mark of respect to the memory of the lute
Duke of Wellington that the bells of the different churches
be tolled at minute intervals on the day of his funeral, end
the vestry further recommend to their fellow parishioners
the total suspension of business on that slay."—Mr. Clot
muit George seconded the resolution, which was carried
with but one dissentient voice.
SOUTH DEVON MILITIA.—The first 21 days'
training of this oorps of the militia was completed on
Saturday. They have been greatly assisted in getting a'
knowledge of their drill by the friendly aid of the officers
of the 7th end 3dth Regiments. Great praise is due to the
untiriNc *sections of Lieut.-Cot. Sir J. Y. Buller, and
Capt. Fisk, the adjutant, who have always been the first on
parade, and have invariably shown the men great kindness.
Oa Wednesday, Dr. Butter entertained the ofßoen at
diaaor, at his house. Bad weather has prevailed ever since
the MIS wee. called out, and this has loaded greatly to ra•
tard their promos.

Raba intelligence.

EQUITY COURTS.—BtroRD♦T.
Derma rug Las auscazzot,
flAwiu C. THE RAMAN COUNTIES RAILWAY CON.
PANT.—SPECIFIC PERFORMANCE OP ♦ COATRACT TO
PIIICSAIIII LAND.

This was an appeal from a degree of 81r J. L. Knight
Banes, when Vito-Chanoallor, foe • specific performatee of
an t entered into between the plaintiff and the
Bilieses Owaties ltailway Company. The deers* was pre-
ssing'd es the 13th March, 18.50, and the appgal came on
got Meeitt Whim the MU Lord Chancellor Truro, but, ho
• Item dies before he was in a petition to de-
liver t, it wee seeneery that it should be re-heard.
As agiesnasat was Mandl into between the plaintiff, Mr.
Henry Hawks., a gentleman formerly residing near Spald-
ing, in Lineolnshire, and the Eastern Counties Company,
by which the latter contracted that if a certain act of par-
Inmost passed, and which act has passed, they would
purchase the mansion and estate of the plaintiff at a certain
prim. The Eastern Counties Company were originally in-
ootporated for the purpose of making a railway between
London and Norwich and Yarmouth ; but, among
other acts for the extension of the line which they
obtained, was one for a line to Wisbeach. in
Cambridgeshire. In 1847, when various ether lines,
espeeially the Great Northern, were in progress of
completion, and thus connecting Edinburgh and Loudon, it
was thought b 7 the Eastern Counties Company advisable
to extend their line from Wisbeach to Spalding, from
whence it would In easy to connect their line through a
branch which came to that place with the Great Northern.
Accordingly, • bill was brought into parliament for the
purpose of making a line from Wisheach to Spalding. It
wan thought nece.aary that the line should pass through •
portion of the plaintiff's property, consisting of • IMUSIOII
and • few acres of land. It was possible, and it was so ap-
prehended
iby Mr. Hawkes, for the line so to pass as to
cut his housen two, and he therefore opposed the bill
before the House of Commons ; and while the bill war in
progress the agreement was made which wen the subject
of this suit. The company contemplated that the
proposed extension should join the Ambergate and
Grantham line at Nightie", and they had pro-
jected a curved or circuitous line which would con-
nect the Wisbeach and Spalding line with the
Ambergate. There were some objections to this line, not
only that it was too curvilinear, but that it directly tra-
versed the line of the Great Northern, and consequently
that part of the project was opposed by the Great Northern
Company. This opposition, which was ultimately fatal to
the scheme as so proposed, induced the Eastern Counties
Company to open negotiations with the plaintiff for the
purchase of his property and a little (more, which would
enable them to make a direct line to the station of the
Ambergate at Spal,.(l,i4f, where there was to be a joint
station. It was pro to the plaintiff to withdrae him
opposition to the bill, end to sell his hewn and she whole
of his estate to the company. The plaintiff was unw.lling •
to do so, and for some time refined ; but be ultimately
agreed, and on 22nd May, 1847, an agreement will entered
into between the parties, to the effect " Hat in tLe avast et
the bill paling, allowing the making of the line in question,
the company should purchase the plaintiff's estate for
8,0001., which was to be paid within 18 months after.
the passing of the bill; and besides this the company was
to pay to the plaintiff a further sum of 5,0001. no com;•ensii-
tion, together with the cost of certain expenses he might be
put to. There was, however, an important clause to the
' agreement to the effect " that as Mr. Hawke' was only
tenant for life of the house and part of the estate, tin com-
pany should take powers in their bill to enable him and hie
heirs to sell to the company that part of the estate in fee
simple." The bill enabling the Eastern Counties Ccmpany
to make the line from Wisbeach to Spalding was rinsed on'
the 22nd of July, 1847. The period for completing the
agreement expired in the beginning of 1819. 'foe r
had arranged fur a change of residence, and he was ready
to complete his contract. But in November, 1848, just be-
fore the expiration of the time for its comMetom, ler the
Ant time a proposal was made to Mr. liawkes by the
company to put an end to the agreement, and to
maks some other arrangement. This he declined, and
the company refusing to complete .heir contract, 's bill
for s specific performance was filed in June, 11.49. The
cause came on before Vice• Chancellor Knight Bruee, and
he pronounced a decree in (Inoue of the plaintiff.
The Solicitor-General, Mr. Wigram, and Mr. Follett lip,
peered for the plaintiff, and Mr. BetlieU, Mr. Janus Rus-
sell, Mr. Moline, and Mr. Grove for the company.
The case was only part heard when the court rose.

Emits sea Hawse Of The Roue.
Caorcit o. HOOPER.
His Honour gave judgment in this case, which came be-
fore the court previous to the long vacation on exceptions to '
the Master's report. The subject matter in dispute was a
sum of money in court, and another large sum which had
been paid out of cuirt, efueucting in the whole to IWMO4.
the property of a peraon named Charles Crouch, who died,
while of unsound mind, in 1830. The plointiff claimed to
be one of the next of kin of the deceased, and the Mister
had reported that she was not one of t►e next of kin.
Chalice Crouch, the intestate, was the son of Charles
Crouch a planter of Antigua, who sent Ins son to E:lgland
about the year 1770, consigning him to the care of M,:sm.
Boddington,hiacorreepondents in London. The father lied in
1773, leaving all his property to his son. lu 1791 Chas. Crouch
became of unsound mind, and in ISOI a commission de
lunatic° inquirendo was issued, which declared hem to have
been Insane sinCol794. The usual advertisements were
issued for the next of kin, but none claimed, and nothing
further took place till 1830, when Charles Crouch died.
some time afterwards, a suit, " Cox v. Cox," was instituted
in this court by persons eisiming to be the next of kin, ex
materna, under which a large sum had been paid out of
court to the claimants in that suit. In 1847 the present
plaintiff filed her bill, claiming as next of kin, es Interns,
alleging that Charles Crouch, the father, was the aau of
Thomas and Elizabeth Crouch, who resided at Purbright,
in Surrey, previous to 1728. His Honour then entered into
a minute examination of the evidence en which the claim
was founded, which he considered failed to prove that
Charles Crouch, of Antigun, was a son of Thomas Crouch.
A copy of a letter, which it was alleged had been received
from Antigua, and which had been relied on as peeling the
relationship, he considered as not being genuine, and was
in fact a fabricated document. The exceptions mast be
therefore overruled, and the petitioner must pay the costs.

BEFORE ItteeXnearsmon ffursoeure.
arm OXFORD, WORCESTER, ASID WOLVERRAMFTOW
RAILWAY COMPARE O. Tun SOUTH STAFFOILIP4IIRR
RAILWAY COMPARE.—STATION AT DUDLEY.
Mr. Molt and Mr. Speed,. who appeared for the de-
fendants in this case, agave objected to its being brought on
until the necessary affidavits had been filed, offering at the
same time that no proceedings should be taken by the
defendants.
Mr. Matins and Mr. Bovill mid that contracts hal been
entered into by the plaintiffs for the purpose of competing
' a station at Dudley, and the plaintiffs would be prevented
from proceeding with their works, and would be seriously
injured, if the defendants were allowed to take possession of
a piece of bind which the plaintiffs contended they bad a
right to.
The Vice-Chancellor directed that the plaintiffs should
be at liberty to proceed with their works, nod reak;ng,
however, to remove any buildings which they should erect
in case the court should consider that such bet,ielings ought
not to have been proceeded with.

BOONS VICSXMAPOILLON STUART.
IN as JOHN STRWARD'S ESTATE.
Mr. Smythe supported the petition in this came. anti
cited 1 Coll. C. C. $0; "Re Taylor's Settlement" (9 Hors
596); and "Re Horner's Trust ".(Legal Eramioor and
Lao Timer).
Mr. Greene cited "Doe v. Tofleld " (Earl's Rep);
" Cookson v. Cookson " (12 Clark and Fin.) ; and "lie
Cross" (I Sim. N. S.).
The facts are detailed in the judgment of the court.
The Vice-Chancellor said that in this case Mr. Henry J.
Cramer was entitled to an interest in fee simple in re-
mainder of certain real estates is Manchester. 'I hat estate
was devised to a lady for life, and the interest in mita:rider
to Mr. Henry J. Cramer, which was defeasible in the
event of children being born of the tenant for life. During
the life of the tenant for life this real estate was taken by
the commissioners under the Manchester Improvement Act
for the purposes of that act of par.iament. It was taken
under the compulsory powers of the act, and tl.t. toney
which represented the value of the real estate was laid
into court under the clause of the act of parliatnei... and
was invested in Consols, and the dividends were ordered to
be paid to the tenant for life. No application was matte
to the court for the conversion of the Consols into real
estate, but the money remained in court as repre-
senting the real estate, and the parties entitled to .t were
those who would be entitled to the real estate hot bir the
operation of the act of parliament. The money was At the
present time in thn hands of the court ; but on t'.e ....cease
of Mr. H. J. Cramer, as the event happened, the ssme Par-
ties would be entitled to the moiety of the real estate ."nil to
the enjoyment of it. It was contended, on the part of thu
personal representatives of Mr. H. J. Cramer nut on behalf
of those interested in his personal estate, that the cti. ct of'
the transaction under the act of parliament was to s.,avert
the nature of that gentleman's property into prraonal
estate, or, if it were not so converted, that, at It ast from the
nature of his Interest in it, he bad a right to elect that the
property should be afterwards possessed as pc motel estate
and not as real estate. The questions which he had to •
consider were these—whether, by the operation of rho
act of parliament, the property had been converted abso-
lutely into personsl estate and passed to the it gal nersalial
representatives of Mr. 11. J Cramer ; and whetl.cr, if that
were so, ho had a right to elect to enjoy it cs pirsonsl
estate, and whether he had done any act which wctild' tea.
tify that he had made soy such election. A case tl. cided
by Lord Cranworth had been referred to. but he moat say
taut that case did not appear to him to eousteessce tie ar-
gument that the property had been converted under the
compulsory powers of the act of parliament, so as to make
it personal estate. The case before Lord Cranwotth did
not go the whole length of the present elm, but on the
other side decisions bad been cited of Lord Justice Knight
lirucr, when Vitt-Chancellor, Vice-Chancellor Turner, and
his llonour's predecessor, Vice-Chancellor Para r. to the
principle on which those th tee decision s proceeds d he eu ti rely
aoteded ; he was, therefore, of opinion that whin n.oney
wee paid into eourt, the produce of real estate sold antler
the compulsory powers of an act of parliament, that money
must be tionsidered as personal property in the hands of the
court impressed with the trusts of real estate, and that its
transmission moat be regulated accordingly, if no t lection
had bees made. It seemed to him clear on principle and
sathoeity, and according to the true construction of the act
of parliament, that independently of any act o ito
Mr. H. J. Cramer, the money in court in. t
be eeeddeeld se poetising the thematic el- - .til
... . '1
- .....
?;IE.
- .
;. - •_. • '.:',!): 1
~,,......iw..„0,....,,,i.v..„,

With rcglni to the port miersted about elerion, hel
mar ear that there ••• se ardente before the court ; and,
theretoi e, it would be needier, order the circumstances, to
inqutte whether that teatimes had the power to elect or
set. The heir, therefore, would be *slimed to the had,
but aa the qarti,m was a fair one for argument all parties
rust have their coot. out of the lead.

COURT OF QUEEN'S BENCH.-BArriumT.
arrow, sasea.--ftwrote Lose Nernst, tre..lvertre CAs
moos, tem,intrice wroirrouts, see Rs-Jeer:cc era.
THE BARONESS VON BECK'S CASE.
CONSTANT Draw Dr MAZOLA IP. Gnouo■ DAWSON A. 211)
OTRIIIS.—RVIA NISI TOR A Naw TRIAL.
It will be recollected that this action was tried at the last
maths at Warwick, before Mr. Berms Milner, and that a
acialuit was entered, under the direction of the judge, the
learned Baron being of opinion that the evidence against
the defendants was insufficient.
Mr. Serjeasit Miller now applied to the court for a rule
to show cause why the consult should not be set aside and a
new trial had. The learned gentleman went at great
length through the feet* proved at the trial, ',Lich have
already appeared in the Expeaa, showing the position
of the Baronses TOO Beck in this Country, and the
manner in which she became acquainted with the
plaintiff. He then captained the eireamstances un-
der which H. Dens de blaroda end the baroness were
introduced to the four defendants, and went on to state
that, from representations nude to his, Mr. Dawson, be-
came one of the subscribers tea new work by rho baroness,
then about to be published, giving an account of her adven-
tures in costriatzies with the movement of Kossuth and his
party in Hungary, and that he paid the amount of his sub-
scription, 11. es. Subeequently Mr. Dawson and the other
defaidants suspected the baroness was not the party she
represented herself to be, and, acting on that suspicion,
they severally made depositions before a magistrate in Bie
samehata, in consequence of which (as the plaintiff alleges)
malicious prosecution lie and the baroness were taken from
the li ,use of one of the defendants, mad locked up in a sta-
bon•Laur all night, in order to be carried before the ma-
ted rate nest morning. With the unhappy death
of Madame Von Beck the public is already ate
quainted. When the plaintiff was placed before the magis-
trate the four defendants were present, and counsel appeared
and made a long statement against M. Dern de Mande,
charging him with fraudulent misrepresentation, whereby
the defai.ilant Dawson was defrauded of the sum of IL M.
The charge was however dismissed, whereupon an action
for malicious prosecution was brought by the plaintiff, and
tried at Warwick, r before mentioned. At the trial the
warrant by virtue of which the plaintiff was taken into
cuitody was not produced, but the depositions of the &-
len !ant u•ion which it was asserted a warrant was ob-
tained. were before the court. The manner in which these
del oaitions were framed was so informal, that upon that
ground, coupled with the non-production of the warrant,
Mr. Baron Alderson directed a nonsuit• considering there
was a, t sufficient evidence to show that the defendant had
set the police court in motion. Mr. Serjeant Miller, how-
ever. couteaded that, notwithstanding the informality of
the proceedings, there was sufficient to connect the defend-
ant, with the imprisonment which the plaintiff had suf-
fered. lie cited ••Elsey v. Smith" (1 Dow. and Ey., In)
in support.
Rule nisi granted.

BAIL COURT.—SArcarmv.
Fv-oxas ID Barco.—Hasoas Ma. homes Canaria*.
THE (41 BIN r, THE JEIrl OF A COCHTT COVEIT.—

CRIMINAL INFORMATION.

Mr. Mythic+ applied as behalf olideiendant in a we
that came before the judge of a County Court, for a rule to
shoo cause why a criminal Information should not be filed
against the still judge for refusing to hear the evidence of
the defendant in a canes which was tried in •County Court.
It smeared that on the 2nd J use last a summons was Wiled
by the Judge against the present applicant and his wife, foe
the sum of llf. Sea Id., the amount of a promissory note.
The defendant appeared, to prove that the promissory note
was made after his marriage with his wife, and that there-
fore %hie Retina was wrongly brought. The judge ra-
ttle. dto hear this evidence, and made an order that
the money should be paid by,:two instalments,
one oa tie 12th of June, and the other on 12th of July.'
Ills first iustahnent was not paid, and b. fore the second
was due so application was made in the Common Pleas
to t!.• Lord Chief Justice for a summons calling upon the
partais to show cause why a prohibition should not isms on
the ...wood that the 'proceeding+ were irregular. On the
30;11 of June before Mr. Justice Maule, the plaintiff under•
tout to strike out the name of the defendant's wife, and
the defendant then consented to allow the order for the
payment of the money to stand as against him. The in-
stalments were not paid, and a summons was issued under
the fieth section of the act, calling on the defendant to at.
tend and give a true account of his estate and effects, and
to ray if he could pay or not, or when he could pay. On
nth ailing upon dui sum.nons he was put intothe defendant's
Dos, 'admit' an oath to answer truly all the questions which
should be put to him under the act. He was questioned as
to whetb,r be could then pay, and stated that he could not.
Ile was going on to captain why he could not do so, when he
was Ur( rrurted by the judge, who said that he knew by
his appearanee and manner that he could pay, and then
hr asked a female, who represented herself as the wife of
the plaintiff (who was not in court), whether she would
have a commitment. The defendant did not catch her

ans;n, but the judge saicrtiatilcederendaiisco;l7l be
to prison for one month, and that he should not
leave the court.

CromptonMr. Justice asked if Mr. Hawkins could show
sarthinc like corruption or bad motive
Mr. Hawkins begged to submit that the judge having ,
nimmocied the defendant before him to show cause why he
should not be committed to prisms, was bound to hear the
defendant captain why he had not paid the money, which
explanation he (the judge) had refused to hear.
Mr. logic, Crompton said that it would be impossible
for Mr. liewkins to apply for a criminal information against
the
ijudge without some charge of corruption. He could
op; y to remove him under the statute, but he could not
apply for a criminal information for a mistake of duty.
Mr. Hawkins submitted that there might be such mis-
conduct on the part of a judge, without haul, as would in-
dite, the court to grant such an application as the present.
The defendant should not have been committed to prison
without I.eint heard, as he could be again summoned and
again committed until the money wa• paid. He submitted
tbat it was just the same in this ease as it would be with a
magistrate who committed a man to prison without hearing
the evidence for the prisoner. The defendant was released
by the charity of a gentleman, who paid the money for
him, but still ha had been locked up all night in a cell, and
fed on water gruel and bread and water. It was a mere
farce to "immon a man to show cause why he was not to
be committed to prison, and then to commit him without
heating him.
Mr. Justice Crompton said that it might have been a
mistalm on the part of the judge, which he thought it
would eventually turn oat to be.
Ile. Hawkins said that it might turn out to be the result
of some rash impetuosity.
Mr. Justice Crompton doubted whether impetuosity
would do, but as it was a case of great importance to
county court judges he would look into the affidavits.
Mr. Hawkins said that possibly some explanation would
be given.
Mr. Justice Crompton thought it was of the greatest is
portents that gentlemen presiding over these important
courts should not have their proceedings lightly called in
question in this way.
Mr. Hawkins said that, looking at the number of judg.
meet summonses issued, it would be very important to the
poor pimple who could not pay to ewe that strict justice was
done. . . .

Mr. Justice Crompton said it told both ways, because,
at the crowd of business in the county courts, A
wool.: be strange if some mistakes did not occur.
Mr. Hawkins said suitors should come when there was
not sl much business.
Mr. Ju.iice Crompton said they must not file criminal
informations again 4 the county court judges to bring
businets to the higher courts. lie would look at the
affidavits.
Tire tl....zre r. ALD ..... Moon.—Aßßl.Ate Or POOR

RATE.

Mr. Hudilleatone applieiTora rale calling on Alderman
F. J :limn to allow cause why he had not lamed • warrant
of i,i-tress ou the goods of one Hewen Orgies for arrears
of the rata for the relief of the poor of the parish of St.
Olases, Silver-street. The rate had been demanded /several
times, and Green had refused to pay it. On being m-
m~e
d ',tore Alderman Moon be eleged that be bad a set-
off ff V. against the rate for niaking a togln for a pauper
oil., bad died in his house. The aidermaa had been told
by' is clerk that he must issue the warrant, but he said he
di I ni.• ears for decagons, hr should not do to.

Rule grante4.
In at YI.I2•ORTH lIALLwiLt, JANI HAIIWRL, AND
jRNISS RIL,OWAT HAIIISWILL.—HAszAq CORPUS At•
RACONINT.
Mr Cooks applied for a rule for an attachment against
Elisabeth Hakewill for a contempt of court in refiping to
make a return to a writ of habeas corpus, to bring up the
bodies of her two ehildren, Jane and James Ridgway
Hakewill. Mr. and Mrs. Hakewill having sepanted, Mr.
U. kewi:l took possession of their seven children, and
Plena them is a school in Jersey. Mrs. Ilakewill after-
marls plt ',ann. inn of two of them. and concealed them.
Mr. Ilakewill subsequently obtained a writ of habeas corpus,
to +men his wife had not made any return.
Ms..* panted.

COURT OF COMMON PLEAS.—SATUIDAT.
("Ina. 1t.71f t ha, t*, Kr. AIR=
Matti. •'o NIL J2IIIICI Lt»t•ao.

011.11q.111.1 C. UFO/PI:IASI{ AND ANOIMICIL-THZ

WOOD CONTINT CAll.
Trn plaiutilf in this era is a plrl sassed Griffiths, 15
years of sae, and by bee sent Mend she sued the defen-
dants, at superiors of the Convent of Our Lady at Norwood,
W recover destairs u owelegsesee of the loss of her eye,
sad , for general inlarise to her health, alleged to have
bees oeu,sl,ned hy the ill-treedment, earelessntsi. and ma-
ple', of the deleadants, to whose can she had been en.
fre.tut. 1 No trial, it will be rern..usbet.d, took plate at
ths lest corny &seises, when the jury [cued a verdict fur
Ole di (rodents.
Mr. Mon'ago Chambers, U.C,, glow qp,.a.,d 0„, the
part of AS pla:ntilf to move for • rule, etilinst upon the
erfewaants to show cause why this verdict should not be
let s.ide, sad • new trial bad upon the grounds
Lit, that Chief Justice Jervis, who presided at
si trial, had rigAirected the jury ;
seeeredly, that the verdict ass not warranted by the
irviAiseit. The declaration charred that the defendants
Wag impels, at the mount andanteob the care of this
MAL lea it lamb ef their duty they had overworked her
ri set bait leis lodoeloos to her !width, and thus awned

the injuries she had eartaised. TM dedminats pleaded I
not guilty, and also another plea traversing isms edlrgmtkes
as to the mismanagement of the institeden. L tin
1819 Use plaiatiff was placid by dawdled Warm= la dim
maven!, and she ratisuad them umall Jaunty,
When she west there she was in ill We" bevies just re-
covered from a fever sad being of a seseteleas habit. Until
tEIB3I, she was treated like the ether Madre, sad
pardeuir esemsed. her la that Meath am berme
y HI, tad the mead stleadmit d dr plate, Mr.
Commas, was emeoulted abort her, bat she MI set get
better. Her only known Weave was ea amt, sad te her
no
cosanstriteation was mils ef the Maio d the eltllinnlll
January, IS 52, when she was nognaistted midi her Mama
and took her to Dr. Alezammisr. Ater parades bed ler Me
eight of one of her eye, bat was, burg tads, the awe (dila
Alexander for three or four weep mkse bare. sad die
eight of the other eye was preens& emmalie die mar
to understand the ease it might. be neesmary es Mee that
two awes of children were received bike the Meditation—
one class celled boar....en, who paid MM. a yen malt • sad
the other the embassy clams, iss 11411111 121. sack was
paid, if their (fistula could abed it, wad, if they Gould not
Wird it, nothing st all was paid. TM learned counsel
then referred to the early WIWI of the establishment and
the bed quality of the food ; but he said that, as there was
a conflict aerobium upon these points, be would not pursue
the matter.
Mr. Justice Maul. suggested that, whilst the majority of
the children remained in healeh, it would be difficult to
show that the principles upon which the institution was
conducted were injurious to health:They often saw a num-
ber of heathy-looking people and heard they were half=
starved, so that one sometimes thought it might be good to
be so. (A laugh.)
Mr. Chambers admitted that there were some in.
healthy-looking children who came up sad gave evidesem
at the trial ; but, if he might use the phrase, he believed
that they had been crammed for the examination.
(Laughter.)
Tbs Chief Janne—The doctor said he had sever knows
say institution so healthy.
Mr. Chambers—But Madame L'Espinasse had unforts-
aately said that there were generally about 30 children ill.
He would sow call their lordships' attention to the kind of
maishinents inflicted in this institution. There was what
was celled a trial dam, and to the rigours of which clam this
child was subjected. A child maw this punishment was
placed in a room with her bee to the wall, where she was
compelled to remain in thetimmisine for 14 days in abrahre
silence, and if she on die einesnith dalliappened lo tors
her head one way or the other, she was ohlypst M emmanams
her task again, and go through smeller harem daps. One
of the witnesses said that the time der the lest Whose wee a
period of 11 dap , for tho semi Lls and der the third
(inc. 25 days. Ile had said that to Min punishment the
*half had beta mueclad, but them was a difference
as to tits meet she endured it.
Another plate of parelmar was the kitchen, and whilst
there the child WWIIr was hardworked, sad
was not allowed JO Mail SW UM imitation with any per-1
son there. His view, is reffenejg to then matters wen to
show the degree of minmissigsmime and reckless diewspei
of all propriety whisk we Mows Is the conduct of the esta-
blishment, leading to the failf•oo that the persons who
had undertakes to pram than particular duties towards
the children WINO JlMPOlapaallOS Of unwilling to do so. But,
as he had said. yea *NO parr thin was a conflict of
evidence, and se they might Ile Wadi the proper province
of the jury, sad thunders he would leave this part of the
ease and come talmperralt pike upon which there was
no
conflict of evidonse. It wet admitted that from August,
1861, to January, 1862, this peer girl was in ill-health, lad
it therefore behoved the &readmits to have seen that she
got proper food and nourishment ; but he submitted that,
upon the evidence of Mr. Chapman, the medical'
mm attending the establishment, and of the de-
fendants, the plaintiff ought to have got the verdict,
and that the judge misdirected the jury. Another point in
the can was, that the child was stated to have thrown away
her food, and if this were so, Mr. Chapman ought to have
been informed of it. He submitted that upon this matter
alone the defendants had not acted rightly, for the doctor
ought to have been made acquainted with the fact. He
had endeavoured in his address to the jury to show that
the defendants, being aware of this malady, should have
taken ears nut to have done anything to increase it. He
had said to them, " this was a very important point, se re-
earded one of the issues, for if the defendants knew that
she was weak and feeble, it was clearly their duty to take
more care of her, and sot to do anything to norms, the
malady." He would men, however, leave the question of
evidence, and consider the question which he submitted
was still more dearly. in his favour, the queries whether
the Chief Justice had sot misdirected the jary. Ho con-
tended that he bad dose so, and of this midinetion he
complained. The Chief Justice had Sold the jury " That
if there had been merely en innocent set a Wag to do
something that might by possibility have bra beadoal to
the plaintiff in the condition in which am wen ; that
was not sufficient. There could be me be mpro-
beaded, that the unfortunate plaintiff we the sr** Ile •
most distressing malady in a very aggravated degree, mad
it was therefore very probable that what might appear for
the benefit and advantage of other children might have
• contrary effect on her, but the defendants were not liable
for that."

The Chief Justice—What I meant to say was, that if the
defendants called in Dr. Chapman, and if they did u ha
ordered, they would not be answerable for any neglect of
duM. Chambers—That was not the only passage of which
be complained. Another was this: In his summing up, in
reference to the discipline of the convent, the learned judge
said, " The jury ought not to lose sight of the fact that these
parties were members of a religion severe in its forms and
ceremonies, and that plaintiff and her aunt were both mem-
We'll( the same religion, and perfectly wen acquainted
with its forms and ceremonies."

Mr. Ju,tice Maul* inquired what the Chief Jostiee woe
understood to mean is reference to severe forms and
ceremonies. Barely it was not getting up early in the
morning.
Mr. Chambers—No; bet he suatended fee this—that the
observation was calculated le mom the jury le onsidirr
that they were to take Leto asseest the ripen sf • see-
vectuallife, and that though these rigours were ealealated
to destroy health, yet they were not contrary to the laws of
this country.
Mr. Justice Maule—lt seemed but right that the Chief
Janice should say " You mast not lose sight of the feet
that such practices were usual in the institutica." All he
could see in the qbeervatioa wee, that some things were
done in the institution which seemed to have the appear.
aoce of rigour, bat which would be explained away by the
circumstance of the inmates belonging to • religion I.
which rigorous practices were eotaasd. For lashess,
there were practices of great severity mug the filefases
and even of great cruelty, but which WON =gibed away
by their religion ; and lee ouch hostiles pee would not
infer say particular enmity in any psytkalse sesa.
Mr. Chamblee mmail pat this case as that of an ordinary
'shoal. •AM VIII melds to take care of itself; and if it
seared iejegy hem improper are, he submitted that
whet/mg. Wary wee meetained in a religious institution
or la an malmsey rimer the laws of legland would apply
equally. Suppose, 'lemon institution wee set up, mid one
of its laws leas is Whitest. shahs. of haft years that
one in every to meet lee ltably diee weld their lordships
so leave such a ease laths jog as his had been left ?
Mr. Justice Miele—Me eh chi say be them, " Don't lose
sight of the eirenmehmie."
Mr. Chemises sehealtted that it wee* whissikes of the
jury to sempst this • different rule &sold be adeped for
the thetasunt of &Una le • religiaus, ham they perseni
in a meek, festltutiss, mid he would respoiraally entiond
that Is this sssatry no ohm of perms mold sot -up a reli-
gious or secular institution Into whil they received chil-
dren of tender years, and carry an • treatment which wee
not suitable to the condition end ego dthese children. He
contended that the religion of these weir bring •
roes one was no excuse, sad that tit pores= mmmmittleg
any injury of this kind under the hems of that religion
were clearly liable to the law.
The Chief dulness—lf it had boon distisetly proved at
the trial that she was not allowed sedlisisst rest, and that
they had omitted to give her the Skip ordered by Mr.
Chapman, the case would lave bees wry much altered.
Mr. Chambers—Oh, no; not innittleg to give her the
things.
Mr. Justice Mauls—Would the omitting to give the
things ordered by the doctor be a cause for action ?
Mr. Chambers—lt would.
.._

Mr. iusucelienle-- Si; the ease is u my lord put it.
He sail nothing more; and it was the business of Mr.
Chapman to have asked if she had taken what was ordered.
The Chief Tustiee—A little girl proved that she had
thrown away her beer. That was not otherwise known;
and on one or two occasions she had given away her meals ;
but it did not appear that there was any systematic giving
away.
Mr. Justice Maule—Then the child ought to have said
that she had no appetite for her food.
Mr. Chambers—The child had been kept in such misery
and fear that she was afraid to say anything in the shape of
complaint. lie contended that there had been a misleading
of the jury on the affirmative issue of maltreatment, the
evidence of which ought to have got for them, with cer-
tainty, a verdict.
The Chief/tulip—lf he recollected rightly, thero were
about thirty boarders la the institution, and about one hun-
dred orphans—that tlse boarders paid 301. a year, the
orphans 12/. ; and for this girl Cerdinal Wiseman had paid
121. for three years.
Mr. Chambers—There was a subscription to support the
institution.

TAe Chief Justice—Yes, the lady said there was ■ robs
ecription both in England and abroad.
Mr. Chambers—The jury had to try a formal sad easels•
sire case of ili•treatmeat to this child, when the dehedents
bad =betaken to keep both in sieknese sad heath, and to
take due and proper care of. if she had bees a grown-up
person of mature age, then the observations el the judge
might have been correct as to her belonging to a particular
creed. But he said that this child was entrusted to those
persons, who were either ignorant or incompetent ; or per-
son. who hod from religious persuasions peculiar ideas.
Buch persons, he concluded, had no right to undertake to
discharge inch duties, and, whether they were ignorant or
incompetent, nr had peculiar religious ideas, the same stan-
dard was to be applied to them as if they were well-informed,
competent, and had no peculiar ideas upon the matter. It
bad been said that these ladies were not like mother., pos-
e-seed of tender sympathies: but, whether they did or
not pewees the feelings of a mother, or whether they had
tender sympathies, had nothing to do with the subject.
They undertook so take proper care in slickness and in health
of this child, but she became sick, and they did not do even
the ordirary duties of wider persons who undertook the
task for reward. These tidies, it was said, had a higher re-
ward t►an anything earthly ; bat, however that might be,
Omit dude► were equally onerous, sad if Does their lordehips
wade a different rule wit► regard to this description dee.

tiliovEmbii IC Di,

taahasets this that walk toga to ortlinmy secular
ostabiliseanta, it was dilloah tirbsow how 6r that rale
—le mash& whom tht Woes& of it woo • parses of
'Fehr the rem of wow who ought to loam
bre that ewe. mei wee they_did sat bar,
amp to tosgrredlilde= know. Ups
reasies hat of the hatood
Chid lulls %Wei le thsAlry, sad that good
&Moue efaikatoko if Ohl idea ebb( as
was la a me pworas et amb holiroothoat
=lto the of be rye, apse ms gonads be sub-
ist Ibtreosatt to boa sow trial.
lb. helm Noah mid he was of 'shim that them
tilt to be so rule to this tem. What the Chief :eats
lhsasi tell ha jury was. let to lose sight of what woo a wry
poehlaset /*I'M. of tho .me—fiat this was a
wiehishosent hollegieg to the Rom oathrehatt
the ft woo Tight that they shwa' ass hes dohs of the.
Perseus who wore mot sequaintod with places of this kind
s2p.tisay tat it wee awed to have sea roles es how that
..n
bat if you hoed that what hammed wash accord-
mm w4ftbo rooks peohoelegs of lbe plass. It did away
with the hopetotioa of any portholer individual cruelty.
Tb. Chief Jahn did lot appear to lam boon layiag down
aMs of law to thojmy, but only to be showing the bear-
ing of porthole! part of the
lb sonZin. that this
as w a Rams mates institution. Is them
was no proems he aping that tLens was say edelhostioe.
As to tbe tsrdlet Wing whet miaow, It
certainly struck him that them woo mikes, to
go to the jury ; it must ho hosed that his poor
add should ham got tats the hoods of mom who
did not seem to like her or to "lb. to hoe" be
she was a poor sick creature, ea sussed to haw beat
subject to • mode of life which islet partisslor drosea-
seem was not hvarable to bee heath ; and that
her health was impaired by what as did go through there,
he thought there was not muse doubt. Bat this was an
establishment which mataieed IX bona% aid it was an
establishment which mom analtaNy bas ealested fru-
gally ; yet they took passes of Oahe Ion" red thin was
as sous to treat properly, whether he Anima won rich or
.Where, however, • great eeeshor of persons were
brought up together, they could est be timed with that
anand attentive which they Neil hors if each was
brought up separately. It sight he hid that therefore the
duty should not be mageet end the answer to that
was, that these alarm wore orplems. sod If they were not
in the institution, they wield probably—being of tender
years and tumble to tam an of themselves—be
meek wear off. No amount of expense which
mold be alhoded ia this establishment would enable
Ohm to labs that are of each person which
amid be obtahed rthsy were taken care of seppaarraately.
This was a mew mew to he taken Into the considustion
of the jury, for be thought there was evidence for the jury,
and he could not say that thorizro bound to And the other
way* ,or that they were mot ustiiled in Aran as they did
dad. They had Os ot es before them, and they
saw the 'imams. Abbey* It was an unfortunate thing
that the plaiatifflaa lest bias on yet it did not appear that
the defendants bed nehrod themselves liable for that oon-
=in this elk& Re was sure the jury were much
decide the UM than he could be, after what little
he led lima ON ter they had heard all the evidence,
and woos dhoolid by he Chief Justice in what appeared
to his—judging tram the worst specimens of it, which had
been eubnifttell to the court—to have been a very pod
direction. For them tenons he was of opinion that there
should be no rae._ _ _ . .

Mr. Joann Talfourd said he was of opinion that this case
had been properly left to the jury, anti that they had come
to a right conclusion. As to some remarks which had been
made, ha would say that there was no religion, Christian or
(otherwise, which would require a disobedience to the medi-
cal directions in cue of sickness. The Roman catholic reli-
gion esjoiaed certain times of abstinence, but if that absti.
Hue was injurious to health, the priests of that religion
would not only not enforce but would enjoin a departure
from the rule. He thought that the Chief Justice bad not
misdirected the jury, and if be had born upon the jury he
should have agreed with them M opinion.
The Chief Justice said he was glad to Sad that his
learned brothers agreed with him in thinking that there
should be no rule In this ease. lie was undoubtedly satis-
fied with the verdict, for all the case proved to him that the
child had lost her eye not from ill-treatmeat bat from con-
stitutional scrofula, and the medical men concurred that if
she had net entered the convent she would sooner or later
have become blind. According to the defendants' evidence
they had dose all that the doctor ordered, and the disease
was uafortunately very much accelerated by the
plaintiff herself, who was tempted to go out on
• cold night to see some fireworks. As t, the
defendants not "taking to the child," the probability was
that they rather liked her, because she was placed in the in-
stitution by Dr. Wiseman, and she had the reputation of
being nearly related to a brother of a high dignitary of the
church. (A laugh.) It was said that she was the daughter
of Mr. Griffiths, who was •brother or cousin of • person of
high position in' the church. His wish had been to leave
the ease to the jury) according to the best of his lights, for
their consideration, and he now concurred with the rest of
the court in thinking that there should be no rule.
Rale refused.

COURT OF EXCHEQUER.—Bantrat.
&wow tit RANCO.—Baroas rsa Loin Cusp &sow, Va. 842011
AItWON, Ka. Busy Purr, AND MIL, Sum Werra.
P♦LMu V. TROWIUM. —ALLRoim Avrsa•Tiox or •
PROMISSORY NOTE BY ♦ SOLICITOR.

This eau; was tried before the Lord Chief lar= at the
last assists for Norfolk, when a verdict was given for the
plaintiff for U. U.
Mr. O'Malley, on the part of the plaintiff, now moved for
• new trial, on the mend of inisesdea by the learned
Judo, and also oath. wands of Wawa rejection of evi-
Mess, sad that the mast was assithrthe evidence. The
shatalithe nee, white ware appeared in
Mbe as Mime. The is a highly re-
sithitor redskins steady of Nor.
ork bb
end breathe Om gement aides against the
defendant. life is the immuley bb psadlathet,
to resew fit le., et whisk elm If. IL was ger the plain-
Ore WI is 'Metter to defendimes ineedither, and the
fn. hr usury lest to bin on ajilM Mikan wet *aid
by dm defendant's briber eel paelleaw. At the WM
W dues at up to this dda ask that the he le bad lima
timyeeed with, and time although the slombeele were eel-
Wed te be gennine. yet that the mete led bees VI:
ler IL, and that tire plaintiff MIAOW& the bill by _
the went " seven " into " twenty." At the teal Yr.
Palmer swore that the bill had bean nabs " shsight
off," and had not bey innyared with. He also
stated in what manner ke kedl glen when the It,
sad produced the counterfeit et Ike Mew given en the
easmies les 11, wad Meted that dm remain en bad beet
=ma. Mr. O'Malley new einismied est the
Mg" lei Ingsuperly retested seldom, beemach
as he would n't aim of • witness being mambo& who
had heard the dellemlaat's tether say, in the defenfant's
hearing, that he (the ember) had signed toe bilk and be
was sorry that he bad met senumelmned Y Whim He dm
°lntended that his Wel* had miedbeetsd the fury in net
stating to thins that the thiersdea ol amp lewd " omen "
into "twenty" was the may bone is the use. The learned
maned having been heard at swat
The Court ultimately a at= yea payment
of costs, not, however, as the grenade mewed, but epos the
whole question at issue, whisk involved a natter of per-
sonal character.—Bale nisi.

COURT OF BANBRUPTCY.-BaviDAY.
Dams ell. 00101LIMOIRIL ran..
Ix as Jno. STIVII24II.
anarip, of Bente:edify-wall, sailmaker, came up
M eueuedip=o of pulsing his last examination. The un-
mounted to 6,7061. ; secured, 2,94111. • liabili-
ties, 1,114121. The assets were—in yood debts, 1,1031; pro-
petty, 9731. ; ditto held by the creditors, 1,9201. • the
la July, 1860, was 1,1651. ; andwhilst therm& bio=
VOL, the trade a:petuniad een 5,629 .; ism* owl
personal ditto, 4121.
Mr. Mathew', for the assigsees, did not oppose, and the
bankruptet passed, subject to sows alterations in the balance-
she.

—ill Peas Ha. Onmumoara °miaow,.
1u in J. R. COLLWTT.'
The bankrupt was of Prineesostrect, Hanover-square,
milliner. The accounts, prepared by Messrs. Robinson and
Knowles, BasinghallArtreet, show the debts to be 1,3481.1
meets in good debts, 2131. ; property given up, 2441. The
profits from March, 1861, to September, 1862, had been
2961. ; trade and personal expenses, 7001.
The °Mend and trade assignees expressed themselves
perfectly satisfied with the accuracy of the accounts, and
the bankrupt passed his hat examination.

INSOLVENT DEBTORS' SOURT.-BATURDA7.

EXTRAORDINARY CA/3.—IN RN JANIS Fey....
This insolvent wan heard under the Protection Act in
April last, when Mr. Macrae opposed for a creditor named
Impey, and no day was named for the final order. Being
without protection be wax arrested and taken to Maidstone
Gaol. In July last he applied to this court for a protecting
order, and it war granted, there being no further opposition ;
and he was now at large.
Mr. Macrae applied to rescind the order and discharge,
as a fraud had been committed In not giving notice to his
client. _ _ _ _ _

Mr. Cooke adiaitted that the lithe nail he wad. bat
the court had no power to roadt le plow
Mr. COMMieliOnef Phillip PM it was so ease,
and he should all a full coast. lib tra was that
he could revoke the order sad mama to prises,
The case stood over for a fall court.

THE POLICE COURTS.
ROW-STREET.
Mrs. Caroline Read, wife of Mr. James Read, tobacconist,
of 2 Great Russell-street, Covent-garden, was charged with
having att. meted to administer poison to her husband.
The prosecutor (Mr. Read) stated that on Thursday even-
ing, at about 9 o'clock, he requested his wife to make him
some broth, as he had been unwell for several week. past.
It was brought to him when ready, but he found it ex-
tremely bitter and unpalatable, and, consequently, declingd
to take it. Owing to sub,equent discloeures made to SIM
by his eervanta, be felt it his duty to bring hit wife befote a
magistrate on the present charge.
Crass-ezamined by Mr. Wontner, who attended for the
prisons —Wes have bad differences, caused by her Intimacy
with • Mr. Cooper, whom I have forbidden the house. Ile
was a great friend of mine, and I tedmit having asked him
repeatedly to Mk, my wife to the theatre, which be did.
Susan Ilorsell, servant to the prosecutor and his wife,
stated, that on Tuesday last she saw her mistress (the pri-
soner) put some laudanum into o black draught which her
master had sent for from Mr. Hooper's, the chemist. She
said to witness, that she was going to do it in onto, to
sake master sleep better at night, and she then threw awn

eMitillamii&fiay,A,gb