The Express.
London, England, 1852-02-17 00:00:00

THE EXPRESS, TUESDAY EVENING, FEBRUARY 17, 1862.

Maio intelligence.
HOUSE OF LOEDIL—TierxiDAT.
terror.igra—ltsma 'us lap OMANNIssas, TO llAts.
inarria=ellasurisn. lam Mamara. on lams
FMITIRO ma Owen&
The atm et loads sousellisd pseuds, awoke tar
She art Yam this swiss • a Illbural of appeal. The hems
ssa oempesed of ths obeveoemed amide lore, sad eta later
hoar of the day, after ths dale of the Coast of Appeal is
aaseeem mot the Court at lasents isasa. tho Lwil Chief
Jude* Ossgial sod bed JoalkoCherrerth prised their
bre thogriajahressi pawn atteaded, pursuant to
sasinisse, to tab
Horn of Leah with their advise :
Mr. Baran Parke, Mr. Jude* Kale, Mr. Justin Wight-
mss, Mr. Judo, Cleheidee, Mr. Justice Err, Mr. Boom
Platt, Mr. Jerre Warms, Mr. Jostles Tallow'', Mr.
Bons Mr. Judea Creespeos (hi. ant public ap-
ses dtheesperieresetrts), aad Mr. &dram
the QUM'S homiest Serjosat.
GOSLING 9. VII= AND ANOTRRIL—Tai BRAINTIII
CNURCII.RATZ CAM—QMSTION Or TER VALIDITY OF
A CHURCICRATI MAPS NT • MINORITY OP TRU PA.
lIIIINIONIRS 10 VESTRY ASSIMIRD, AITNIL BM/SAL
NY A MAJORITY.

MOW, ales as plead( bear by
writ of error against a *lima e as ethe
Judges and Buses I. the Wart of
allinelag • jiid et the Overt eftitrieash. sa a
enema to • earias sr rehMidea, este* a pea-
tilizesifsereeeediege trader a ineeddes humid teem as ONES, suaneading the abashweedier Ikeia-
ale, in the sway efsr.y is eall • asap it the psalm
et made, a use itOa sooototey mots owl exparme et
the aria semi The *Mr I. ewer. Mr. Jul. Gee-
la, was using whilew pried rearead es this ease.
sad still is ea essegier ef bade and em enads within the
parish of &dam. The 'Modest ie ens!, Me.
Chalks Veley was, tad elder is MI etas aiewiweefias.f
the pada ; Mr. Thane Jalia, the ether dradiriados,
had Mal slow w —mamma sedan passeeMegs.
Thseat preseedig, as mat e4....ssaisee arse,
aware, is sag sae Mop la a
extee ever a bag pe"..iiia=mthe
rlilmof ftite have bees indeed, unsure
eradt rates. Although Mg reirly estmeseled Ida the
=sass, it mar ratte the awe sonighre embalm&
the queries, if we radar belay a sears gimp pro-
seedier, as thee* are treipseady sawed a is the Gowns
at the argurat.
In 1837, the parish ekarsh heist weir seaddlealdp est of
repair, no rate having bees male sr aerated it several
years, the chardasedas day seaweed a Tray aseting,
and prepaid a yea it the repair of the church, end for
the ether mass' is which • church rate is lawfully appli-
sable. Au seardseset IMO amid sad Min by almp
Zriet the whams" p
ee t, abiestig le die gds.
dank sad ddag s a adjearnamat be
twelve an rata is. Orridsoleg this tote a virtual retail of
• vale, as shereliwardema fear days afterwards, proemial
a thole glib
as matherilfisseall net at • vestry resecieg, a
alas sash a rate emaddsed it the dam
pallemeace et the ef this ease. fee mires as
pajama& of the ma se weds, a snit was sersanied
• peril/slam ,mesaßirder' in the Comitaly
ortir et the Bishop se Lades, sad judgment was
given in favour it the uMahwaima • writ
of prohibition was applied it, td gaoled by the Caen
of Queen's Bash, and dewed, ea
salad, by the Cart
et Exchequer Chamber, en the that such a rate
was invalid. The jaikmeat in latter court was de-
livered by the late Lord Chief Jades Tindal, and Naha=
the fella/jog purge :—" We de an tau late the die-
culla wheeler a rale se made by the ohereinneams, at
the aria waft whin Ihe prialeare wen *ea w,
woe* han boa add area. alaw lb =hew asyet be
analegess a Amt et the ituelam of a esegmeedia wire-
gate, wia being aseuelisi legatisse da of
chatting ea siker et the easealha the protest
'gawk mad mere Alegi& lb peewee te soy election ;
whiii ow they hese hart held is drew away their
votes, mad the witmilkm, who have tisk thtty by
have beam kid as apemen& theprima whale realer. It
is eas Weed that ben a a wide ma sobstesthl
fears karma is eiminstriswe aka% so the *arch-
way** are eimeity together, adising a rate at soot.
ingot** perlaisawe where the seemed takes ins, sad
the ehaedrasedeme pereriog the pewee Orating as prick
by themeless a my taws oboe however dread. It is
, hewer.,, to dim= this point, as am alb of
re =ma de am bft loin as. It is sulicient
to say, what we give no slime spa it, we desire to be
understood as marring to eieseeless the liberty of form-
ing as aloha whomever the ere Eel ear."
The eau orb by the thwahweears sine having been
thus adjudged a be Mead, awl the shwa suatiuning in '
• rats ef grace and imaresolog dliapidatie‘ a minders was
anlied it and bead hes the (beelatay Oman et the
B Whop et Lein as the 8011; if Jew, INi, segsideg the
chareirnatiorfle maw away make " lamb a rate
ler the rootomy repels elite aerie, rad it ether *-
peals babes to the Ales it sharekwariewe it the *a
currentr."
The huts or aid a the Irma wed= an that set
forth in the issiandes in prohibition
The dederadea stated that the dellabole ceased the
plaintiK a pielaisear sad lahalsitoat ef asrria of
la the linable, waft, it /bar sad dimes e
to spear lobo the Mips etas Cemeisladi eel
Court et Lembo is erase as delladiserk
citation, were daribed am the &Unhinging of as aid
parish of Brahma, is asses, et sabartion of church rate ;
that the plaiattir oppeared, red the dellodants .prayed the
said judge to albeit te pasta arra libel, in which it was'
alleged that the said pedeirsolt hed hew for • leas time
past, sad ass was, a a dihridlated stele; that at several
vestry seestimp the wooktdty of as had mho*
le maw :laird a bone. a the beam a the Aar
el the rid Masi lair be nal eflhe aeld Oessior-
vial awl
la pump sepiImo la the dellakele and the
paddies= pereel. atm b OWE lake the
aid se seire aosipse taiseerona Ift a =satin
*aid as Yee is the *mamma* le Noir anew
it :real t etli:brrt
Yhiwm 'ef Maw maw bed ether things to
▪ by giving dee meths limed atrrifie is law, a wan
far a amok day, sad eta aerie pass hie to be Bye-
eibil ends wraiden, fir she paper or asking • n
ote
for led towarde the repair et the said
chunk am I for art roil saamat•
nes it the desist mislaid* at swiss
and ling theta* ant *am *wards the elher
*pans esenserily and bpi* bids* to the ales of
sitseeheramisse he the Merest year; sad against the pa-
daierre. le met in vary to be hien is passings of
the edi oak% am& aim, a mesh toolditc a_ ale thr the
afraid papaw ; sod Wadies te the dad pri=ith::
if they dl wit appear, a, V. did mos show
saes to the ematray be amid peewee te dean
sash aceilisa to ling be mid bine was day
bleed ; tart am appeases iset. at the alma dim the
allombra ally who wen wake lo submit railves
the asereasis of the soil awn; thi theenges the gre-
easily bag aelleesi le the mesa ON% the Judge de-
emed • asalika Mae spar the deltaiesie itmeleA
end ail and siegehe the Weehileaus at the
lesiaton int= the tease and via en.h7 said
Mares; that hued. and was duly
served sad naleaL Thaird= alleged this tir rid
cherub salimag lasagne reed OW red the dare*
weirdos brag me hob la heed le Babel the apeles, the
anainsesibes gurs spiAlkare. and
be did, es the Lab July, 1841,
Larliet vase, le pile Rothe idy given,
and is &Whale le the amides eiteurid, UN* ask
s'.
ing the visor leek the sale I that as .bidet -realm
was reed. aril the fieltedeelk theeherehwirber
• .sarveyari aim* at the espies olostosoy to CZe-sg
daftly is.. to as seal dam& and the *parse there,
and aa adagio etas otoomy sad lawful expenses Wi-
dest to the areatisa ether 'Mee fire the sunset yam ;
that the aesseily el the main ins mot dispred, ale woe
any Alessi* madefe the sersat of the albeit ; bet the
detains Vele, reposed le the parbidemese so woad
in wary a rate a two shillimp to the peal he as War
said peewees; tint that prepaid* wasesemalaasPatie4 hyliirr4
LAM a Panatalataama aa darts
that tamps nasal Cmselasa awed Nem mereet
Theo dl eseagebery mama he as support of the
religious aseasse et any as es ole @ppm to the ma-
joria stale way to he sameness by say portion of
as der Talemeat stripeless. sad salegrair opposed le
ad salteemive etas perused spidleal dearer, if the
Neighs *Mist, but that hr sae wish= Mss to
amopel Gam who drawees either has ems, er
slam of alma must, a who dime Ina their
gailkaa PE= aed made; le awerashas meads to
appal mai thea,z:..d.. VllO/4 le la a yes
lame imam Imam a herbs and diadem ef
it=; die It Os he • gross
le dinewan as atlas le &Ng to pay for
the sellgleas Mann a other la asp Ira no part,
while imp add their own chapels, awn this own mi-
:=l,l defray the charges of *dr ova j int
is rata, sad alasam* rasa
ha
epsoas=2 Was to a arise
as abase be nil*. sad
ear= ,Iblateary hishemidhy
the ef jostios mod elt Oa
eallgres ;
die anima le ..be a deed,alba matemenamdis!*.'
That the seausimat was seniedW a thew ef herb I
banal* efilenards, mai whim be eme-
thewed la ashy amelhisol. the tulles wee pal whether
my ether ansooderat was pawed, or my ease
ass es to the moat of the rate ; As me allmai%nat
ewer was arened, and be other seam we don
made it sr lamb BM: the e the
priadeases le spar their elara, en wok Se.
amiss It the demi of &rise wise and
often *sod% ad it and awards the ethsreapeesee
away mad hi*, baba to the Mae el ebanhweetbr
he the year of sibs Ihet the defabas meg ease id the
rehiptysee mad gembhissire prm* is yeary (nis*. of
the wand shims
_lhe twe
PwLeille" dialaallamatlebes
melee alga the rate sf b. la the posed ea it ihell
behliasa and pliable bide to essaibuta le • *ink
a* The Mal baler alkyd that b. is as read was
ass Ise Wpm as witerel ; bet the rote was ..L. _L eta-
Armed wed AM& by the viardisonal eel elbal p
deal ; thee be sea of flit. 14s. mewed a Amid egosap
the plaudit wet in is the defeadeele as alma.
modem of the aid pada. The isarellea
fir'.
lash to the ILIPM lbaselehle
idoo•
kingtvo, the Via*Goommal. mad Midi pried* et the
Ourhaelei sod ligheepel pal. Ihe ef May, ISA
silleted the Mel ; sod *et na le as Mehra Meet
Oanieuleastemiligss4lfron
be Miller hero Fest,
the add eras ISIL if Ka" lAN

reversed the Mersa of Dr. Lushington, retained the princi-
pal emus, admitted the libel to proof, and assigned the
pkiatitr to newer' k the Arches Court. The plaintiff in
error then le the Court at QOM'. Beach for a
welt et and es the Sib of February. NO,
tr.wwwwas =awl that murk refesing the prohibition.
uTiootets
at
chezuserisd the by writ of
and ea the 22ad
of Jesreary, IMO, the judgment ef the • Qween's
Beech wee Ulna= by • senkrity altar embus of the
pout. The judgment wu reported at esesideishis
In the Daly New et the Skd of 'weary, 1860. TM
leading pikes et theac. were th
Sells,
:—lt wee hold
Prot by Kr. Judas Mr. Berea •16, Mr. Justice
Creeswell, sad Kr. Dams Omit swillehally appeared
that the rats wee awls by eases of the rese.payen than
the majority whe Mt est= kr the samemilassat;
sad by Barons Parke sad Aidems= that If la were
left doubtful, problbitisues le lame; bet la Odd
lattice Wilde that is lesemse It
appeared that the a w-17..n.set =pea any peepuitha
submitted to the vests,, oe by any Ms eli the tufty. or
by a majority of the wetly sawMftmesil is say meaner;
aseendly. by Mr. harm Mimeo, lir. Jostles Mask Mr.
Jetties Croswell, and Mr. Bens Platt, that the eiligation
perkidesen is tarok theekirsh beim by semi= law, sod
see quail= or voluatray bet absolute sad isepeuti
rave, the
ts made by the askority was legally made • by Lord
Chief Justice Wilde, Bereas-Parke and Raiff, that
m
the obligationobligationwas se gees stet* the rats made tblygel
alleority was net legally made. Misjudgment of the Court
et Queen's Bench was, thud.", by a majority of the
seer* aimed. From that judgment the present writ of
anon wee brought.
The rued set forth the following reasons on which the
Bala ief la error preyed for a mensal of the judgment
1. Toot a lawhl elturelt rate can only be made by order,
or raselatisa, of an mead majority of the churchwardens
and pariddemen delhamembled in vestry for that purpose,
and taking pert he preeeedings thereof.
2. That CM rots In question wu not authorised by an
enter or rassiades prmed in vestry.
anti nos was manna only without the consent
batta against 11111 IFNI of the majority then assembled, and
in the pseassikki.lCems mallis• men wt
ediorise the tasking of ante,
otherwise then by the wise sr resolution of en actual ma-
Jerky of the =My.
& That the seems malgasil by the Court of Queues
Mash tar thelemi= a= by fatal* tithe who
Illieß7lo4 k the ISM I. the Coat of ZahbatM
Chamber ass hoe= apes • Imppermi smissisb4-
tween this ease sad the of elections ts =nisi*
wherein the plaintiff in error oralueded that eases et each
(deeding= form no guide to the preendings of parish meet-
ings, or other deliberative amessidies, which dulls by
etiolate and not by relative majeritiss.
6. That a resolution proposed to a =shy meeting to
make a rate for the repair of the parish church is a matter
whereupon any inhabitant ratepayer is entitled to vote
upon his own responsibility, and that in voting against such
a resolution he cannot be decreed to throw away hie vote,
although he may thereby possibly expose himself to
spiritual censures and other penal consequences.
7. That the only authorities to support the making of a
111111eli rote, otherwise than by the order of the absolute
=4;l the churchwardens and parishioners in vestry
Ste that purpose, are cases In which it wu de-
sided that ern the refusal of such 'trate by the parishioners
le vestry teeembled, the churchwardens acting alone must
make a valid rate. That the authority of these cases has
beau deliberately overruled bythe judgment of the Court
allacheguer Chamber in " Veley r. Harder" (12 Adol-
phus and lithe, 266), affirming the judgment of the Queen's
Bench in granting a prohibition to the Ecclesiutical Court
against the enforcement of a rate so made.
Mr. &desist Bales and Mr. Mellon, Q.C., were heard in
support of the writ of error.
The Solicitor-General (with him Mr. Ogle) was proceed-
ing with his argument contra, when their lordships at 4
o'clock adjourned until this day.
We postpone our report of the argument.
EQUITY COURTS.—YESTEIDAT.

Saves, Vies-Ososansoa
IN nu THZ F ZZZZZ N AND BTALLINOIRS OF SUN-
DZILLAND AND THE BISHOP OF DUZMAX.—TITLE TO Till
BUNDZILLAND TOWN MOOll.
This case, which has occupied the court for several days,
has now been brought to a close, and the Vice-Chancellor
has reserved his judgment. The whole question raised
wee whether the Sunderland Town Moor was the
sole property of the Corporation of Sunderland, or
whether the Bishop of Durham, as lord of the manor
of Houton-le-Spring, had any interest in the moor, and an
right to receive a_part of a sum of money paid by the York
end Newcastle Railway Company for the purchase of a
piece of land forming part of the moor. This question of
title was tried at the last Durham anises, when the jury
returned a verdict in favour of the Bishop of Durham.
The case now came on upon motion for a new trial, and •
considerable amount of evidence was read to prove that the
Sunderland Moor formed part of the manor of Houton-le-
Spring ; that the bishop, as owner of that manor, had exer-
cised at various times many such acts of ownership over the
soil of the moor, as every lord of a manor was entitled to.
On the other hand, evidence was produced to show that the
freemen and etallingen of Sunderland had always used this
moor as if they were the sole owners of it, and that the acts
0( ownership on their behalf were such as could not have
appertained to persons who were only the copyhold tenants
to a lord of the manor.

COURT OF COMMON PLEAS.-YESUIDAT.
Olmuttas LT Nio Tuts IM Loxpow.—Banna Cam Juan=
IRMO a.t. • tIPICIAL
CIOUCE V. THI LONDON AND NORTH WWII= RAILWAY

C . Lose or Ptaom..
Te plaintiff in this case is a carrier, who, it was stated
by his itemasel, was in the habit of collattimg small Dumb
t°l3o ktuudsd b railway, • ambit ft them
into eye Wye parte , and send them at about half the
prise to the palate el that &argot by dm tympany. The
penult Miss wee Is senwer tic value of her small par-
ish eyed to have bent bet wpm the inhemlants' line at
different them One of then parale w, however, now
out at the MI, as the cospeny pas may into court
to erne the his, and the dispute was as te the ether three
perish,ent esatalued fourteen ammo brombes,
wee* IX Is., sad the other two mysisted •
jurellmy, meth IR 10a. and IL 10s. These punk were
sewn up with atlas la can vas so as to snake kap parcels,
end. assraks to the ,eon, were eme sent to the
coespeay I bat, Mare Is way, when the leaps week wi re
delleeraktbeenalleneoweronst lathes, althemblitere was
astlinh nap their absence, to show that the Tugs parcels
had bait meows or ered with in any way. By the
Canine An it is provided that carriers shall net be answer-
able he parade of jewellery, sad some ether modeles, worth
msra than 10L, unless the sem an, at the lino of leaving,
dochered and paid fur, or Won thap an het by the felony
et the canter's servants. Tho dedraisafe, ea to the two
panels in guidon, which VIM NIA INN than 101. each,
pleaded that they had not bass desired end paid for under
the Carrien'Act, sad the *hairs woe that they
wanton by the Mazy eftbe tampon esnrasta. A sauna
se winning were Open. whew, the names wanly ulna
la sales of this kind, aad it was shown that both partite
had Med is the usual mane ; but the manner in which
the panel was last was not at all explained.
The Chief Justice left it to the jam te my whether the
Ands had been delivered to the and whether the
two worth more than 101. ma had heist stolen by the
felony of the company's Bernath If they thought the
304 4i .tircel was delivered to the there mast he a
kr that amount ; and if they r t the two other
permit had bees stolen by tha tompony a servants, they
mut give a verdict for the emenat &laud-
The jury found a verliat tbe pbiatlif—danageo 401. Gs.
COURT OF EXCHEQUER.—YzaaRDAy.
IMMO AT Hug PAM AT WNIMUISTIA.7-81701111/1111 LOAD Caine

_ _
Bases mna Onsim. imam.
HILL V. PM/X.—ACTION AOAINBT THI Hlllll3 OF •
LUNATIC AsyLow, TO 11E00111 DAMAO= POE YIVI
AL-
LEOED IMPIOIPIIIII.3IATNIINT OF A LUNATIC.
This wu aa Min brought to rearm 'temperable in
damages for the alleged malty 111HCISINI by Dr. Philp to-
wards the plata* whilet he was ie a Meath mina ailed
Loaders' Reese, eltented et Erne glee. TM helm-
We shamed negleet led west et *M, end mho contained a
emit in tuner hr seem et the phiallit's paper.
• great meeker et whams% Wading the plaintiff him-
self were embed, lad at the emieds. et Sir P. Thad-
gers adders hr the dueness the emit men

NORTHERN ClRCUlT.—LimAirras.
The econvelseion for these misname opened on yesterday
afternoon, by lb. Baron Alderson and Mr. Justice Cress-
well. There are Olgy twelve prisoners for trial, and Ave
anises entered in the Mil Prins Court.