The Express.
London, England, 1852-03-12 00:00:00

Rail) iiiitelltgence.

HOUSE OF LORDS.—Yerriss.DAT.
Arra.ua ram nix Cowirr ow Berm nt Se 41,APIL.:assoas ro

LaAscoLtoo. Luso HammAiL Aso Los; Comma
TNT 1.0/110 ADTUC4 IN or SCOTLAND ON BINALF or
TNT CONIMISSIoN CAS IJIP WOOD. ANo FOIIILITS IP. HAMS-
TON.—CLAIN OP Till CUM% TO TUN ALVIN, OP TUN
}LIVIA CLIPS. _ _ _

This is as appeal maim* a jadgmant of dm Int Mobil*
of the Court of Oasis& in • sammary appilistim ten&
• establish the right of the MOWS to • seen of
awarded ia • matoniarioa betwoos the klepiadenrig ,
William Rosanna, of Mainbank, and the engin of the'
River Clyik, ma the pries of a weds ponies of
esimprehisdod winds des amiss or amid of We
and acquired by the trustees tot the purposes of theE
tioa wider the met 3 & 4 Vitt., e. 111.
The trustees fifths Clyde have received pluses by various
statutes. Tbo plea as which they at let pooled is in.
move rho navigation of the river we lirg eioseehty the
(Motel ; and dykes and jetties were boa effildt
ma soninenotion of mud and mod, by ebb*, la
course of time, the sobd grouted oa the beaks was. aim
aiderably added to. lit late years the system of
operation has been channel ; instead of meroming, the
trustees had widened the channel, and is Nast tor carry in
their operations have taken possession of maskieralis wean
Wars at ground which formerly lay within the sleeve at
water way of the river, and *lnch hat been added le the
banks as eaptained. Various questions have irises la re-
gard to this ground, partitularly MI to the paste in when
is vested the right thereto, mot the right to draw such prism
•• the Ira...lces Italy be wider any übligatien to psy fiat
taking it. tbe Clyde being in this locality a pebble NM-
gable river, the advisers of the crown eta need this emend
as part of the right to the alma., sad who the in abser
nod en pleading is parliament • dame was unreeled
serving the right of the eTuwa. The priests proprieties me
the hank of the river also obtained the Weenies of timer
with regard to then interest is the mettle. By the 11th
stew the truteni were authorised to take ell sash
ea might be rersainte for the operatic's' mutinied iquithe
Inatate ea enure compensation to the swain. A.
question had arises concerning the right of par
pony, deo 24th section provides that the precis)
oaten in each particular *Muses of this grouted
should he operianny ascertained, and • separate pries
land on it; the sum su need being consigned is hank,
la order to abide the denaion of such questions ea
yacht be raised mucerningthe peoprietonhip thegressad.
The Id Ith eiction pri,erves the rights of the crows la the
wets stink ground. and Nine. out the mode la which these
rights an to be intone& In regard to • erne* wwwilow of
pruprietove me, dimity mentioned in the Aal.lankabagrue
respondeat Hamilton. the whole ground takes by the Offer
tees, *eluding the waterside ground, wits to betin& es
if it were IM it property. But • separate valise was ft
put upon such ground, as at the date of Mr. Kyle's pieq,
made in HMO, was within the aloes. of the river,
halt of the sum so fixed was to be deducted from the ems
value of the grimed, and the remainder pant ewe ipso
proprietees. la other wo.ds,these proprietoes ween*llgea
belt the value of the primed, formerly within the stem
paid over to them by the tenders. But the 124theeition of
the act provided, that this paenieut should not *way way
prejudice the right of the crown to the ground is queetisa,
or to the sense so author seed to be paid over.
In Die:ember, let°, the Commissioners of Wise mad
Forests subunit-sit to the trustees that they claimed to be
entitled to the purchase manta, to be armed or teed es the
price. and compensation payable in behalf of the difersattli-
s.ription of lauds to or adjoining to the Clyde systehel
the 1211th rectum, and directed the trustees to sake eon
that the pines be a maid separately and distinctly la ea
chcasebe in order that the right to such monies might deter-
as oral es between the claimants in due course of law. la
1816, the trustees gave notice to Mr. Hamilton of their he.
?imbue, seder the power of the act, to take metals lami
from him, consisting of about 25,468 square yards, bele&
lea 1,210 squats yards which had been within the Mesas
of the river in 1110. The proceedings resulted in • rale
minim, Gaut* value was died at In. per square yard. or
81,83.11., from which were deducted 6do square yards, being
onethalt of the ground occupied by the minus, at the same
rate, amounting to 7731. The crown, therefore, claimed this
sum, without " foregoiag" right to the other half of
the Meese The Commionour r m Woods and Forests, there-
fore, petitioned the court to decent payment of the said sum
of 775 e, with I, gal interest from the ail' of February, 1847.
The tint divans sit U.*: Court of Session, after argument of
the question, by a majerite refused the desire of the peti-
tion, and &milled in favour of the respondent, Mr. Hamil-
ton, fur payment of the said sum of 7.0 L, with the interest
due thereon ; but found.no expenses (Meta) due. In giving
judgment the. Lord President said he saw no authority for
saying that the cruwo is not absolute proprietor of the
Myers. 'f neutherjudges, Lords Mackenme, Fullerton, and
Jeffrey, decided in (scour of Mr. Hamilton's right.
Mr. And, nun and Mr. W. James, in sweet of the ate
peal, argued that the judgment of the majority of the court
below was erroneous, te.e crown ben* *added, both at
tontines low and under the act 3 & 4 Vie., e. 118, to obtaia a
decree for the sum of secertained as ball the value of
the ground formerly within the alma ofthe river. It is as
established principle of the law of Scotland that the soil
of • public nevigable river, where the tide ebbs and dews,
is the property 01 the cruet's. Erskine rays, " All the sub-
jects which were by the Roman law rem publicly, are, dace
the introduction sit fens, held to be inter regalia, or in
patrimoniu pritteiris, as rivers, freeports, and highways."
17. Ihe pru,e-rty of the aliens, ea • jam privatuni,
could not belong to the sdjaeeat landowners without a
special great; and the patrimonial right of the crows,
in so far as it is capable of being exercised, without In-
frioging dst the jus pubticum, may be smioyed •as • source
of revenue to the crown, or graillaiall aver, to • sleet.
The cam aof the " (Kars of State e. nkh (BS.D., 11),
clearly recognised the principle *at betides the jar publi-
cus°, the crown has a riebt of or Jul *Manus,
which, es a istrimosial right, may way In • so►
jive, for all purposes not inesaidelend via the
rights of savigation. All tho andearities is the r
England recognised the lama general dish* ; " Rio v.
Smith" (2 Doug., 441) ; " Richards " (Ana, OW) • " Hull
and Selby Railway " 11. & W., 3274 ism; of the
judges below seemed to be of opinion dot es ft=
posed operations of the Clyde trustees war' •dr ,i
the sedum to the state as which it forms* was by se.
Morin, it to the river, the primary use kr AY k rte
vested in the crown, so claim of reliably simpseedlon
mild be mode. list the petal la gesebe in esobissi
from the river, and rendered Mak* d pormooret wow
sion, and it might have twee seplisil se the peepers ef
agriculture or other use. The alvseesesset wee ebb the
bindowner by the 'Nth section el tbe in add net speeds
as a bar to the crown's right ea maw the ffilithey, as It
Was quelitled and restricted by the stems of issorestise Ins
the 114th section, which peseervoi satire the it et the
trout to the whole grew or MO sodobesd Mos le
river, and all SUMO 01 merry t entilielladen aids& Si
be paid by the trustees 1 rapist an* kW.
The SoLcitoe•Cleasial sad Mr. Amines, eselso, stah•
mined that, onmarnag 1m rho hie of signs
of the river was only voted Ia the SMIPIIIR let kit
public, and was capable of being VI& by sosselse
adjoining rre=tors. The grow& teislise
by the opera of the trustees, wow pawns
on them by statute., and it was 7ml Mgt the tasisos moss
terms
absolutely booed by the rn the Iliad 4 Via.
7105
the soul in dispute to the responds*. It on aft
that the ground in question had ere homed part of the
channel of the Clyde.
The argument was not cosehidod what the bona ad-
joined.

SHERIFFS' COURT.-YErrnpAy.
Ilarkmus Mm. W. Br .r■ut Dorm Cabo Maur.

SIIIOIIIT T.

. C vox rem Passim.;
Imatams. _ _

This was a writ of inquiry for tM saesessaeat of daisies
I. as arum brought to manor compeasatioa for injuries
austaised, the deslaratioa alleged, through the asgligesee
of the slefeadmat. ladgraeat bad been suffered to pby
default.

Hr.iiericast Chadwick Jams appeared taw the plidatiff,
Mr. Cooks far the defendant.

—TMl;arsed miaow, in opening the etas, said his cheat
was Mr.. Chmlotte Knight, a lady ma* Ile years of age,
tad Wwidow of • captain in the service, sad
the maim waa brought r maw asamsamillaa ia
ttagain, intlicted on bee this*
a the melhipmedof
t, wbo was • kind sagadalesilsatsf mai,
leader the firm of Fox and Iteadmssis. who aim the ass-
trashes for • has of railw hem& of the
line—messing the Comme reed that. and the illehmisM
bad • sub contract under them, ami Ha *grab OM-
=of in this we ameimeil h /SIZONt
eh some waffeldiag was sesalsil, at des pia where
the las crossed the 'DM be W smatMead. Oa He 25th
=lB6B, about 10 11 Wets* at Might. the *Magi,
IL' co
two daughters and sem* flifsads, were promediag
aims the road on their way hems la Cllnbarwell, sal airy
bathe per the when the wawa NAY
poem ,*I wmotr
es, wish them Wing so Vela to pith
1111111 aliess of draw, AO 6111 us. • deem vim
tying sages the pathway, as • sappmt hie ••=it OW I
lit resat of 'hick was that bar lag was in he
rotder
ta ahem thea azrie. hattess whit
ad kr
Medina treatimmt all that time bey hr thibliAll of •
twelvemonth.** was whim, wadi twooserpoleak to ham
ha Muer. Arms nformation die shisissik m who ware
N. par maressible far lambi the la *at sem
dilism sbs lesight aa Sushi igehill Mash Ts awl Bow
m—es astthe peforideimity sot I • peethe whlsh km It woad be
asa saelis--er. Wu=
aljrasemtlie =oar I=ll. eimealbsThat
the
the welsh iseshioss he mist bad semseed, op-
IPi
SZe thy that desanth Bohm FM itsilwais hod So
theinsit is the AM helm" tie flehmisot Mil a isheem.
leset the Hat prat alflhe work now is imenlism wimewapes
flat this dithetheleteinsighed, sad are lie pear piled/
was ifsgaisithe hr W ash beard h that With by Be
Chitin Nth as/ hi psetose. Mr. Nesikesam Obi leesOt
Hs yresemt meths. and_ 111, set yiewilmi the &hoist id
mittsol that ha was Oh% gal the .sly queedus he the
jun wee the ameast st
TM plaintiff wastlisa=si. She gem* the fasts
as to the maidme. ae AIM by ha biassed awed. The
mad, dee sehlsd. was divided whoa Mr newsy eroteed.
Hare Mini ewe dielles he the amthe way nil two he
hot yieeesiesa Time atheism were math by ph chill,
were ampraelsi ea imp= lying maw the help" isd
it wee was no of them Oh the AL Her is whaw
heal Is two plash sad her /fah swas Ms
him& onsini her adismiehlut the we Edo
eas itimm, emmthei mem het us seethe ehandeth
°I:" ma
• art th bI a 41:tebt• 4
umginhatithlerwtolrethialirs•