The Express.
London, England, 1852-06-12 00:00:00

NAVAL.

ADMIRALTY, JUNE 11.—PROMOTIONS.—Assistant-
Surgeon It. Beith promoted to Surgeon ; T. Roach and
W. Riby, confirmed to rank of Gunners.—APPOINTMENTI.
—Lieutenant F. Harvey, to Vestal; Master H. Dorman,
to !wander; Second Master H. Bond, to Vestal; Muter'.
Assistant T. E. Biddercombe, to Sanstsareil.
PORTSMOUTH, JUNE 11.—The Dauntless, 24, Capt.
Halsted, arrived at Spithead to-day, from Oalway, sainting
the flag of the Commander-in-Chief, which the Victory,
flag-ship, acknowledged. The Sampson, steam-frigate,
Captain Jones, arrivid at Spithead to-day, from Ireland
and the Channel Islands, between which places sod Dover
she had been engaged in the conveyance of troops. The
Fairy, royal steam yacht tender, has been taken on the
graving slip to-day to have her screw shined. The En-
counter, 14, screw steam-frigate, Captain Outdo°, is com-
pleting with coals to be ready to go out on trial. The
Gladiator, steam-frigate, Captain Adams, will be paid of
neat week. The Rolla, naval apprentices' instruction brig,
came into harbour to-clay.

INTEREST OF ASSURANCE COMPANIES V. SANT-
TALLY REPO/M.-At the last meeting of the board
of guardians of the Holborn union, held at the
board-room of the workhouse, Orly's-inn-lane, James
Low, Esq., in the chair, the following letter was
received : London Auuranci Corporation, 7, Royal
Exchange, London, June 9, 1832.—Gentlemen,—1 am de-
sired by the governors and directors of this corporation to
draw your serious attention to the condition of the drainage
in the house No. 30, Great Ormond-street, Queen-
square, and its immediate neighbourhood, the cor-
poration having sustained a loss of 1,0004, which was
a.sured only in August last on the life of Mr. Thomas
Williams, a healthy young man, aged 23 years, and who
died after an illness of 12 days from typhus fever, alto.
gether occasioned by the foul air arising from the drains of
the borne, as you will perceive by referring to the registrar-
general's report for the week ending Feb. 21, 1852. We
have paid the loss, and fear we have no remedy against the
commissioners for improving the metropolis, the COMMlE-
always of sewers, or the Irani& ; but it seems to the di-
rectors of this corporation a serious reproach to one or all
of the three that any drains eho.,ld be left in such a state as
to be the certain cause of untimely death to one, and it ma 7
be to many individuals.—l am, Me., P. HARDT, actuary.
—Mr. Lloyd moved a resolution to the effect that the sub-
ject be referred to the district suveyor for inquiry, and that
the clerk, in acknowledging the receipt of the letter, re-
commend the London Assurance Corporation to make ap-
plication on the subject to the commissioners of sewers, with
whom the power of remedying the evil rested.—Dr. Garlick
said he bad found the stench from the date of the drains in
other houses of the same street to be intolerable, and the
came of sickness and death.—Mr. Goldsmith, Mr. Pearson,
the chairman, and others having spoken on the subject,
the resolution was unanimously_ adopted.
LAW EXAMINATION AT (}RAY'S-INN.—The annual
examination in law instituted by this society took place in
the hall, on Friday and Saturday, the 4th and sth inst.,
and the following as the class list of the successful candi-
dates for honours on that occasion t—l. Mr. Boswell REEF
mais ; 2. Mr. Wm. Pearson; 3. Mr. Alfred G. Henriques
and Mr. Francis Housman, eq. ; 4. Mr. Theodore Ryland;
6. Mr. Hubert Lewis. Mr. Heitman received from the
lecturer (W. D. Lewis, Esq.), his prise, consisting of a
complete set of the Reports of Vesey, jun. (20 volumes).
After the announcement of the successful candidates Mr.
Lewis delivered his farewell address, whereupon the
treasurer, on behalf of the bench and society, expressed
their perfect satisfaction at the efficient manner in which he
kid discharged the arduous duties of his office, and the
great success that had attended his exertions.

APOTHECARIES' HALL—Names of gentlemen who
passed their examination in the science and practice of
needkims, and remised certificates to practise, on Thurs-
day, Jane 10:—Joseph Hooper, Milton-ternoe. Wand•-
wentib-road ; Ezekiel John Lock, Barton Norfolk ; Henri
Laud Fogsett, Newcastle Holm Cardigan •
; Williana
Peke Joassaunßalaz, North Wales ; John Henry Hewer.
ambhany, • efillnal Rolph, London; Thome Wil-
lis Dome, enbam, Norfolk ; Jaws Balfour Cock.
burn, Gmram ; Benjamin Lawrence Hawkins, ea an
Aser!taat.

NATIONAL SOCIETY.--Ille usual annual examina-
tion of the children attending the society's central schools',
was held in the school-rooms, on Friday, June 11. His
Gram the Archbishop of•Canterban, president of the *mi-
sty, took the chair at one o'clock.—There were present,
among other friends of the society, the Bishops of Lich-
field, Bangor, St. Asaph, Salisbury, the Venerable Arch-
demo Bentinek, the Rev. John Jennings M.A. the Rey
W. Comma, M.A., the Rev. A. Smart, M.A., the Rev. J.
C. Haden, M.A., the Rev. W. Johnson, M.A., the Rev. H.
Barber, M.A., the Rev. John J. Lonsdaie, M.A., Secretary
of the National Society, the Rev. A. Wilson, Principal of
the Training Institutions at Westminster. The centre ag
the room was filled by memben and friends of the society,
sad the galltrin by the pupils of the Society's Training
Institutions; and the body of the room was crowded by
masters and mishears of school' in and near London. Be-
fore the commencement of the examination, which was con-
ducted by the Lord Bishop of Lichfield, a short prayer wan
offered up by His Grace the Archbishop of Canterbury.
The subjects on which the children were examined were
the Scriptures, history, geography, arithmetic, and gram-
mar. The examination war oral, and also by means of
writing on the slate. At the close of the szami nationitheAreb-
bishop of Canterbury delivered an encouraging and paternal
address to the children, expressing hie satisfaction with
their progre s, and giving them weasel suited to their
years sad The Bishop of Bangor, and the Bishop
of tly spoke for a few minutes in the
lanavase of easaseenlatlon, after which the archbishop die.
atisael the assembly with his blessing.
MELANCHOLY SUICIDE.—We last week announced-
'
the melancholy suicide of Mrs. Targets, of Laventock. At
the inquest since held, before Mr. Wilson, it transpired in
the evidence that, after giving up two of her children to the
relatives of a former husband, she exhibited symptoms of
mental aberration. This induced Mr. Miler, her medical
attendant, to give strict orders that she should be narrowly
watched, sad he also recommended that she should be planed
under restraint. As the husband had a natural repugnanois
to adopting the latter alternative, he requested the
daughter and halt-sister of the deceased to keep •
careful look out, but she unfortunately eluded their
vigilance, and, having possessed herself of one of has
husband's razors, she cut her throat in the mat frights
ful m . Her husband and relatives, finding &bola&
escaped, ran up stairs to seek for her; and on h=
their footsteps she ran out of the bedroom with her
cut and the razor in her hand—the blood spouting onr
husband's face and clothes. She then ran back into
bedroom, and, falling down, shortly afterwards •
Ins body presented a frightful spectacle, her head
near! severed from her body, and the windpipe beim
completely open. The jury, without MINE -
returned a v, rdict of " Ehed during a it of
Widshirr County Mirror. girt
SAMBRE AND MEUSE RAMA-ea.—T& kr tki P '
month of Kay, 1652, 1,0901. 17e fid.t May, ISO. -
827/. Its. 6d. ; May, 1860, 1,0641. 111. 6d. 7- May, 1441).
6781.05. 6d.

kali) intelligence.

HOUSE OF LORDS.—iESTUDAT.
&tram rum ma COVIS7 D 7 861.9DX IX tonLyw.—Bries• ifa
I• 410 C..• r., • oin. I, .0 M. 111.11.11, 1,4 Loan Cat 171011.

MAC!Halisholll s. MACFNRILSON.—EIRCUTORT LIABILI-
1110.—RIONT or TRNANT FOR LIPS TO PROCIIRD. or
NOVATO ON TRR DRAIN or TERTATOIL—JODONRNT.

The fans Maids one, and the ennwrate for the tippet-
lents were at UMNed is the
Mr. lidiellieddessesi ealligrlaitzettehalf of the
eallMltted Ore the ireterisento_ r of the
of Mr.
1,, , ow
lobiter imasympilhou Itstsret=i:s.H.
°gr.
ethereal,. whew aesnat hales denended hen the as
was well hendied. It was arahnineed that it was
rites head is he awn below that the appellants wort
sot welitied to mit 'who son of MIL IL of txpenbes
claimed by then as disbassed by Ilk hills Macpherson, in
011111Maill with Ile executory estate
_eel that the finding
with wenn be die farther sum of 2NI. IN N. of • dividend
reashed from an Mate, was rightly debited to Sir John
Maelthenou, and that he was not entitled to have it wiped
mew air neutealised in respect of any alleged payment to
lama Marphems. It was next contended that it was
found is the court below, that the right of James
agiaMeeieeiw, to the annual proceeds of the NOM,
did .is eanwillie till after the expiry of twelve mentla
from the tomatoes death; and that therefore the aneennt et
the lira year's proceeds was wrongfully paid to Min, and
must form a charge against the executors, including Sit
Jolts Macpherson.
Mr. John Swart replied.
The Lord Chancellor, in moving the judgment of the
house, said Str John Macpherson was one of the co-eleva-
tors of the estate of James Macpherson, James Macpherson
junior being another executor, and having beneficial '
tenet in the real estate of the testator. A great man=
feedings had token pl ice both at law and in equity,
1. ti to the award of the year 1910, on which the represents.
lives of Sir JaLa Macpherson had founded their defame is
the court below. The interlocutor of 1841, on which that
defence stool, and which was not appealed from, sent the
matter to an accountant to hike an account. It was not
possible, therefore, fur Sir John Meepherson's represents
tire. to ray that it was not properly taken. The account
must be taken as properly directed. The first item in dis-
pute was a sum of NW. 2s. ed. claimed by Sir John Mao
phases for cats ineurml by him in the prosecution of his
duty as an executor. It was said that time woe a bar to the
ela.rs, but there was a misapprehension of the real case. It
was not a stale demand, because it was not in point of fart
,elllllBll4 144.1115 t Sir John Macpherson ae an executor, but
a ileum by his representatives to discharge themselves Irina
a portion of the meets by setting up this demand. The trust
as never (seemed, 41111 the executor could not complain if
Cie person who was et:whit to the remainder of the estate
had now to answer for the assets. Hut, independently of
that consideration. the terms of the 'mud were concha-
sive stating, as it did, that neither party was to have de-
maid against the other. lie was clearly of opinion that at
the moment that award was made an end was put to all
claims for wets atp to that date, the award being 4 filed set-
tlement of the accounts of the administration up to that
time. It was explained that the sum in questions was la-
mmed in arranging documents and accounts. 'lbis as
doubt was so; but then the charge should have been
brought forward and included in the award ; and he wee
very clearly of opinion that the court below had come to a
eight decision with regard to that sum, and that the eppeal
on that point must be dismissed. The other sum of
259/. Si. 6d. was 060 which, unlike the other, it was right
to charge to the ropresentatives of Sir John Macpherson,
for receipts came out which showed that Sir John had re-
ceived the money. How did he discharge himself from that
liability a It was said that the money was paid over to Mr.
James Macpherson, his co-executor. That might be a ;
at in his (the Lord Chancellor's) opinion there was no evi-
di ne on which a court of justice could rely ; and therefor,
that finding of the court below was likewise correct, and
must be alarmed. That brought him to the legal point of
the case, and a very important point it was. For a great
number of ears be had Nevski that the point
was a one, but ewes this question
bad been embed it was to look shortly
into the sahisilies which bees referred
to. The whidetkeelies tenet is he ONetruction of a
clause in the of Mr. Marpbenes. After leaving vari-
ous annuities sod Lynes the Isolator makes the following
direction " I tespleat sad asset the executors of my will
hereafter m estimedsteegnselidate into one fund the whole
of my fortune awl wavesbies, which fund they are to lay
out an purchadas lamb in Scotland, to be entailed upon
the series of heirs specillsd ia he bond and deed of entail
already mentioned, accord* to the strict form at the law
of Scotland. The principal of the annuities Is the
first page of this will as they resperlively shell Mar
plied to the purchase of lasi is Scotland, le be estelled
as already directed," It was plainly, therake, ihe Wes-
tin of the testator to pica his personal periperep es the
awe ground with his reel estate. Did he isand hen le
go together, or at say tine ts be sewed t Did be bind
that the interest only Assad ge to anniiielles et the
funds It was not resteeded that tine wee nip be be au
accumulation of the inereety ea des sesteery, k was held
that after the 'episodes of he lost year frees he death of
the testator. the Wawa for life was to take fiN petits of
both principal and Uttered. The testator's ialeatie• was
plainly this I mean my personal property to p wiesteritahseetz
Scottish estates." But if any doubt meld be
the direction ef the wall as to the applieatise
of the annuities as they fell in rendered ill. tar
titer's intestates perfectly clear, for he maned, awls is
the Int part of the will " That out of the lest aid reediest
of en and abets, the above anisuithre be Neared is
the pal& awl hat, am they rapectlvety Sdl. the
ci-drshall Ise addled IN the residue of my lestam and
illimpti et as elm directed by the enemies of hie my
will ter the bunk el he heirs appointed by he above-
isestiesed bail or deed of entail." It wee, thentliew, pew
heap dear On hie ishisties was that die panel*, and
wit Se Merest. wee le be applied. 'floe essitin reweirea
In he essaidemiles ef hobo" INN They Mend_ by the
astbeellin whisk bad less eked at tee lee M apbMd tM
&Weiss of the men below, that tbs annual peasside 61 he
ante Mast Illinenlie till after the espides el II melee
fen the isetater's dash ? He thought that the Imes was
me bleed la de se. ash Me opinion the ilieWam taislV
heeled se a amen view of the authorities. The
Net K " Stine v. Bernard" (6 Veeey, jun.) IN=
relied ea as support's, the view which it wag ear
was taken of the law by the Home of Lards ion Lod
heir% ere. la " Sitwell v. Bernard," Lord lidos
nwieed rubs el kw in order to do justice in a parlienlar
UN; hat Nees the hems was asked to strain a rule of law
' Y Nag es de as injustice. He had so doubt
inlideemt that if Lad Mon bad had to determine

thiseaa•-, be wadi havelhead Sal to tsar IV tisiii• we,
entitled, is the kWh of the teataka. Mash inimseaseptiee
bed prevailed with reepest to the }Won in " awed v.
Bernard," ke it had bees Tieing el •if Lord 161. was
time leyiag dawn a
gametal sale of bet, whites be had
takes great pales thee sad sulez:2l:e wapleia that he
did we de se. ~He (the Lad _ ) wee theadlee
silearly ef *aka thus the belles la Sat pealarka ease
weld Nat be takes an the Mew the *lest The awe of
0 aagersteie v. Maeda" (1 Tamar sail Ira, TN), aM
0 Hewitt r Mania" (1 Taw sal Is 241), an Ira
they Fro, are dearly authorial. la upper& ef this view as le
the opinion ef Lied Wow, he is of are hie larehip gave
aka tenant for WI the dead ea Ihe dim& ef thetstralar. Ia
the ease of " Taller e. Ma" (1 Sm. 111), el=
Bir Anthony Ilset„ sad an math relied an by the
at, the teamed kelp fitly west two-thirds of the way Ind
OWN OS dr anl le did ast give the aktatemat
• pact la thee s Illr liadtme Hart admit preleand ad
to
Maw the wathselly of Lead Ines Is .• Hewitt v. Idarria"
es that this was eel a deeleisa WWI was to he take, as a
rule laid dews an meow dear bigot primly* bat a&-
taloa I. which the learned Judge had eakeuvied. There
was as subsequent eatlewity to the view take* by
the wart below. Lord hilows4 the rule
aloe kid down by LeedLinat 1".7.14 was of " Denies
a. Oessreve " (I Kees, 410), be held that the teased be
kb ter IMAM SO iatarest of raddae, _lmelda, Waal as it
alert at the time el the wader% death the laps
helm the esseamies of the residue. la
Led laaadela waned to the the
milhedelldi Illif adleved, " else where doe hae
throttles le sessaielata, sad tidee as &realm es add
learnt to capital, it tippers le an mace Maly to have bees
the Bandies of the lestaterthat 'IMO the lope of such
esaveakat time as way be Mewed to the ezeestees to stake
the seaveraws direeted by the will, the tetwat for life
*NW asjoy the bane a.kully accrued." It WU clearly
Si..
- fa bras of the rah laid down by Lard Mee.
licrilmea hw
plea tlai:easesteassedata
trial:alba
elmslra% ad
and demean erldteet tie delihatetila wall weld
helm to resider watberity, it wee Velma as am=
Adds view ef the kw tehee on
Ise (the Lead Chaseslhe) was t ure".....ere ef
e,l authority wig this view d the sloe
of
law. Th• dillisak that bad arises ha a later
MN 1/1111 of a alkali sedan ; is whet wrestare the
teams fir lik addle have the hats& of that now as be-

twera brerealt sena title rowsitad; In
OM ore row ham the Wm lbw won Mined ham all
dilleolty Hs tharehee salmileed that is so tar as this
Mint bad bees Melded essist the appellants the deasioa
et
the awl below sue be mewed ; and that the repre-
sentatives et Sit Ms lissieseisa were not liable to the
eespeadmat ter Se at dm estate in the year after
the loet► et Kr. Se Mater.
lard Deeagbein areeenet *elm as mainly easter.
=lib the view et ibe level Oat tabs by the noble sad
terd.
Time Jedliposat et Os aim be wee therefore reversed
NAM WM, riot. hat aSeend le to the *them The
beam slimed le mob al enter Mc
It sr eMeogsattly V 11111141114 that the court below had
foes sided hT the sophsisa Si Mr. Pemberton as to the
Urfa. of Ilneuh law ea Se sateset of the rights of the
tuna* he 1111 e.

COURT OF QUEEN'S BENCH.—YzernaDAT.
?mum ix Bump. —lmam Loam Campeau, Me. Joiffte, Oar
use; Me. JOIWPOO tam; axe Ma. Jemmy Camara..
IN as emitamers.—Hssese Cou 0,.
L *0 ease • sale sM led bees Ambled Ise teem for a
mil el labels esepee. Newest to two 'mimes, ems-
melte. ems he tabs s bay, the sister Of 01111 sad the
or the sew embers. isto the = mere, is order le olobe be edleseed UP to the etre a tb• snit-
/ she rem ber herbesd, sod • ehmegyous is Der- by-e
... AtiwaupOsaseal am *wed IMMO silliest the
ea dedies‘ to go Mb ike bese Wile am. =wad-
er& as is we dim by the sillievies art Nes. Ileschi.
see set seder say melealek gm di
spied Me
el Ns welders, el bee sm. *0 NUN ist se yews to
a mil et haus wpm

The Bulicitor.Oetteral and another loomed gentleman
having been heard bristly in support of the rule,
Lord Campbell said the court had granted this rule with
great reluctance, against the impression of every member 44
the court ; but they were strongly pressed that there were
precedents sad authorities that would support the appliea-
tioa. They alwaya felt great teuderaess in dealing with
flu iavaluable writ of habeas comae. The matter having
now been discussed, it appeared to him that this ruleought
not to have been granted. A writ of habeas corpus would
only lie where a permit hail been improperly deprived of
hisliberty, in oe .• that he might be restored to his liberty.
From the mast ancient time, lung before the habeas corpus
act passed, in the reign of Charles the Second, it was • dis-
tinction of the common law of England, that any person de-
prived of his liberty might be brought before one of the
worts, sr the iodates of the court, and call upon the party
detaining him ton ow if he had say just cause for depriving
him of his liberty. But that was always on the supposition
that he had been deprived of his liberty. Here it appealed
that the lady was living, of her own free consent, with her
eon, and was under on restraint whatever; and that court
could not decide whether her husband had a right, under
these circumstances, to recover posse...ion of his wife. They
had no jurisdiction in such • suliject ; they had only to see
if one of the Queen's subjects was improperly deprived of
her liberty, and if so, to restos'. her to freedom. If the writ
were logo in this case, and the lady were to be produced in
court, she would return to her eon's protection, and the court
• could not make an orrice ter her to live with her husband.
The constitution of the country pointed out a trihuual
where such a subject might be dealt with, and if Mr. San-
dimsos could show tnat his wife had no good cause for liv-
ing apart from him, the Ecclesiastical Court would give an
order that she must return and live with hint in his house,
bed sad board being restored. Here it was clear upon the
affidavits that the lady was under no restraint whatever.
Reference had been made to the case of infants, but that
was a totally different case, fur there the father had aright
to the custody of his child and if he was deprived of that
right the court would order the child to be restored. But
the court had no power to order a wife to be restored to her
husband, and a writ of habeas corpus in this cue, if
grantee, wculd be wholly nugatory. It was enough, how-
' ever fur the court to say that they had no power to issue
such a writ, and that the rule must be discharged with
costs.
Mr. Justice Colendge entirely emseurred. The only doubt
be had entertained was whether they ought not to have had
, Mrs. Sandimans present to ascertain from her own lips
whether she was under restraint or not. It was, however,
sworn that she was not, and there was no allegation to the
contrary.
The other learned juclAes concurred.
Rule discharged.
Business THS Coyne.
Lord Campbell again intimated that, u there was now
no great pressure of business, it would be most desirable
that motions which would subsequently curve before the
court for argument should be moved is the full court, and
not in the Bail Court, as heretofore.
The Solicitor-General, on behalf of the bar, said that th-
whole ail the bar would do their best to give elect to his
lordship's suggestion.
This arrangement will virtually abolish the Dail Court,
except for the Nisi Prins Sittings at Westminster in Term.
COURT OF EXCREQUER.—YurEaDAY.

&moos nu Brian.—Baroas nos Lou Coin BAswg, lia. Buoy

hart. as! Ea. gnaw atiart!: