The Express.
London, England, 1852-05-25 00:00:00

JUDICIAL COMMITTEE OF TILE PRIVY

COUNCIL.—YESTESDAY.
The members of the committee present today were the
Chancellor of the Duchy of Lancaster, Lord Loasdalc, Sir
James Pattesm, and Sir Edward Ryan.
LAYS V. DASIA AND ANOTHIR.—TIRRITORIAL OURS-
TION.—JUDOWENT.
The Right_llon. T. Pemberton Leigh delivered a very
elaborate judgment su this cue. It appeared that this was
sa appal ham a decree of the Sadder Court at Fort
ht isegal. The appellant had been ordered to give
Unoriginal plaintiff, the husband of the respondent, posses-
sion of seven villages and one Kismet in the district of
Tipperah, in the province of Bengal, and tb pay their costs.
The facts of the case were shortly as follow :—On the 30th
if August, 1827, one of the respondents purchased on behalf
of Goma Rialsen Singh, the husband of the other respon-
dent, at a government sale for the recovery of arrears et
revenue assessed upon it, the estate of Itoodramray, situ-
ate in the district of Tipperah. At another sale for the
arrears of revenue the appellant, on the 19th of January,
IsB3, bought the purgunnah Shampoor, situate in the same
district. The appellant having ascertained that the original
plaintiff had taken possession of part of the Purgunnah
Bleuripoor as part of the estate purchased for him on
the 10th of July, 1838, commenced a suit against the
respondents for the recovery of five villages and for an ac-
smut of mesne profits. The material question between the
appellant and the respondents as purchasers of government
sales was, what in the time of decennial settlement was the
extent of the estates respectively purchased by them—the
estate of Roodramray on the one hand and the purgunnah
Shampoor on the other. Were the villages in dispute in-
cluded within the boundaries of the former or the latter
estate ? The court below decreed for the respondents, and
hence the present appeal. It was submitted on behalf of
the appellant that the claims of the respondents were barred
by the lapse of time, and by the acquiescence of the respon-
dents and their predecessors, the proprietors of the estate of
Roodramray. The act of sale of the purgunnah Shampoos
transferred to the appellant all the property and privileges
possessed and exercised by the owners of that purgunnah at
the time of the decennial settlement. The act of sale of the
estate Roodramray to the original plaintiff transferred to
him merely the property and privileges which were
possessed and exercised, at the time of the decen-
nial settlement, by the owner of that estate.
The allegation of the respondents, and on which
their whole cue was rested, that the villages
in dispute had been detached from the estate of
Roodramray, end annexed to the purgunnah Shampoor,
was not only irrelevant to the case of the respondents, but
necessarily implied that at the decennial settlement these
villages were part of the purgunnah Shampoor. The docu-
ments filed by the respondents, and on which the decree of
the court below proceeded, even if genuine, carried the
case no higher than the respondents' statement, and were
therefore irrelevant. At the time, and since the decennial
settlement, and at the period of the purchase by the appell-
aut, the villages in dispute were possessed and assessed as
part ollpurgennah Shampoor, and not as part of the estate
li,oodramray. The irrelevancy of the respondents' state-
ment, that there had been a separation and annexation to,
was strengthened by the fact that the Roodramray estate WINS
separated from the purgunnah Shampoor, and had become
an independent estate, paying revenue directly and Mme.
diately to government.
The committee were of opinion that the ease had been
impartially and carefully examined by the court below
and that the appellant's claim could not be sustained. The
appeal must, therefore, be dismissed with costs.
Judgment accordingly.
MORRISON'S PETITION.—BERRY'S PATENT.—BLAST

Fr torsers,

In this ease tho petitioner applied for an extension of
letters patent, but their lordships, after bearing counsel
and evidence in support of the petition, refused tho ap-

COURT OF QUEEN'S BENCH.—YESTEUDAY.
Seryntaa HAMM—Barons Loan CL11191111„ Mo. ~cmcs
COLIJLID6I, Ma. JUVTICt FALL. AND MI. JUPTICI CROMPTON.
At the sitting of the court, Sir John Patteson took tho
usual oaths on his appointment as a member of her Ma-
jesty's Privy Council.
IN RE POLLAUD.—LTABILITT OP A SCROEON TO FILL

THE OFFICE OF OVERSEER, &C.
Mr. Ruddlntone moved for a rule to quash an order for
the appointment of Mr. Pollard as overseer of the parish of
Chelbury, in the county of Oxford. Mr. Pollard claimed
to be exempted from filling the office under the 18 Gm. 11.,
cap. 15, sec. 2, which enacted that all members of the Com-
pany and Corporation of Surgeons should, whilst in prac-
tice, be exempted from filling the office of constable, sca-
venger, overseer, &c. Mr. Pollard had been practising as
a surgeon since the year 1816.—Rule

THE POLICE COURTS.
MANSION-HOUSE.

Messrs. Marshall and flipowners, of Fen-
church-street, appeared by their solicitor, Mr. Pelham,
upon* summons charging them with having refused to pay
Was. Ingram, mate of one of their vesaele, recently arrived
from Port Philip with a considerable cargo of gold, the
sum of lel, the balance of wages due to the complainant.
Alderman Wire presided.
William Ingram said—l signed articles on board the
Statesman on the 3rd June as second mate, to proceed from
London to Port Philip, and to return, at the rate of 4L per
month. I received 131. 135., and was on board eleven
months and nine days, and there was now due to me the
1161. which I claim. _

Cross-examined by Mr. Pelham—Did you not cause a
disturbance in the ship ?
Witness—Not at all. . .

Did you not recommend the men to leave the vessel ?
Witness—No. I did the best I could to forward the
work of the ship in every possible way. I did not see
the log-book during the voyage. We left Port Philip on
the 30th January, and I was ordered off duty during nearly
the whole of the passage back. For the last two months,
since the Bth of March, I was kept on bread and water, by
order of the captain, and in close confinement in the ves-
sel. I was put in irons for five days. On the Bth of
March the captain accused me of stealing a small book. I
was put in handcuffs. The third mate had given me that
book. I never neglected nor refused to do my duty till I
was completely put off by the captain. I had an opportu-
nity of deserting the vessel at Port Philip, but did not do
so. I was locked up in a small cabin. I never offered to
return to my duty. After the ship came out to sea from
Port Philip, I was ordered to duty by the captain, and I
then refused. I was at that time in confinement under
hatches • my wrists were much hurt by the handcuffs, being
too small, and the mate put on me another pair of irons.
Re-examined by Alderman Wire—l have been a sea-
man 12 years, and this is the first complaint that ever was
brought against me. This is the third year I have been in
the service of the present owners, but I have been under
different captains who were in their employment before I
signed articles under the present commander of the vessel.
Captain Godfrey, commander of the Statesman, was then
called for the defence. He said—On the 21st of January a
complaint was made against the prosecutor for quarrelhng
with the men, and I made the usual entry in the log-book
of that circumstance. I went on board and remonstrated

With him for quarrelling and usiyst strong language, and he
said that he had not done an log of the kind, but he
soon afterwards got into an altercation with • seaman of
the name of Martin, in my presence. They were quarrel-
ing as to which of them bad done the most work. I told
Ingram to be quiet, but he said he would not, and I then
sent him to his cabin. My object in sending him to his
cabin was to preserve the discipline of the ship, so indis-
pthmbly necessary to be maintained. On the following day
I asked him to do his duty, and he replied that he would
not do another hand's turn in the ship.
Alderman Wire—Was there any other person present at
the time ?
Witness—No: we were under weigh then, but not out
at sea. Ho did no duty since the 22nd of January. On
the 30th of January, in the presence of the passengers, I
celled upon him to do his duty and be refused. I had
before this ordered him below. I nerer required him to do
duty after the 30th of January. On the Bth of March I
made an entry in the logbook relating to the book I had
lost, and which was found in Ingram's possession. I spoke
to him about it, and he was insolent, but I do not recollect
now the words he used upon the occasion. He was put
into irons on the 9th of March because ho had this book
belong'ng to me, and because he wed abusive buiguar.
The book in question had been in my cabin at Port Philip.
The steward found it in the mate's possession and gave it
to me. Ingram had not been in my cabin sines I left Port
Philip till I called him in on the occasion. It is a Malay
book, a kind of dictionary. Mates are not allowed in
the captain's cabin, and it is not customary with
them to take books without asking permission. The
intrinsic value of the book might have been more than a
penny. It was worth more than that to me. It was not
damaged when it was given to me. When the mate
(Ingram) was let out of the irons he said he would do no
more work in the ship. I ordered him to be fed on bread
and water, but the seamen might have supplied him other-
wise. I think there would be 181. due to him if no deduo-
tion! were to be made.
. . _

Alderman Wire said it did not appear to him, from the
evidence gives, *at the coaduct of the complainant had
been such sajestifiei Ike esptain in refusing to pay him
the wages alleged aad proved to be due, particularly after
the harsh tresiment to which the man kad been subjected
for some eappeeed offence. It was quite evident that the
addition of the indignities described to the refusal to pay
the mate the amount claimed by hint was altogether un-
warrantable, and under such circumstances the order of
the beach obould issue for the payment of the whole de-
mand, and at the same time the captain was advised to
place iho maw he such a position as would enable him to
*Mk ether emperpmewt without delay, and by such a-
=l:llimless Ida to forego such disagreeable pro-
:a metier court as would give him more com-
plete satisfaction for the injury perpetrated.
Yr. Pelham emared the alderman that the wages of the
ofterleifteatt sieeelel be immediately paid, and that the
ether pert Oldie Woke should be also taken upon the un-
do/steadier that all prommilage should drop at once.
The emplainant mid he would willingly sign a certifi-
cate to Weffect of the peepteition of Mr. Pelham.
The NM then tenalemeed. The vessel is one of those
which a hw days ago wee nisnounoen to have arrived from
Port Philip with a large IMO nut of gold on board, the re-
sult of " the diggings.

FAILURE.—A tailors easeiTed at Dundee on Tune-
day Let. The establishment Ins that of Mr. John Bine, a
flu spinner, and them la add to be only 2a. in the pound
for liabilities ranging between 25,0001, and 30,0001. Vrt
Min

Anwrica(byErlt.reolat
pa cket)nes(byLlotted WNW
... .
arias ( %Nest Omit) 24
Ilezandria•
I Brasil 4!I

;May 28

/June t —... ..... II
Yq
tem of the re eath ~
letlittbeth t.f soon il
Itelly 11
ptli of the moat :
ittb et the worth!
India? that moult, 1
I tth of the swab I
7tbl7 the/the Ewa
tadhl7thof math I
Illea.,Red.arra
indahltth 10l mouth

(Ammo X
CallfassiAyres tZeta Quisres)ll
pe of Gold
Cerotuttbropis • .14
'Casual Asides JI
Means& Wes .....J1
calu
/Tease N
Haulers
Holland ell

Madam
Ibredsad ...... . h
.
lathe (sia &Atha:WON
Lads (via lllaminae) N
Madlteniume(via South
Dittoft laisula)
Nuito
listleirs llll

lielta• N;
Napes. N
Papal Sham. NI
Peninsula M
Peru PI
Plum* .............« N
Rest India U
West Indies (eznegt h.
muis.ana Nouns) M

L, v.P001.. •

ILlvervoul
Sot toa
I tyokontb
I/ova
Dora i
,gfluthemptaa ,
~t•outhatuvtan •
'So...thas..i to:
i IPl)Troath

Twice daily
7thif tk27thot
Tuesday & friday
Wallet*. & WV/.
17th of the arty
Twice dilly I
90th of the foretk
Sthes24th of month'

1101! of tho meth
I etheaith of eboeth I
I lad of the month
I hth of the mouth
711,17th,19th,V1h
Sauthof the mouth
I Ste 1.41,25tk0f moo,

i VU_ _.

!It:, 2,,
Jan 3
INA:
„June in
.Jt pea
.Janet

7thl7tll27tkof man
2ndkl7thof sontb
3thl3l.ll2Stl•7izaon
17th ef the mouth

Ira of tbe mostb!

W) 30

lebudiaraptun.
rSouthami ten. Tall.la
uathamptos ham 3
Imam Tarteas.
rover 30
ITaer.,tat
Landes •
.aranhaanptaa Jaya 20
Fluty h. ad I Tim* 41.
outhaffirtor June 20
llama ..... June 1
Southampton Jute 20
Iflover
:'outlast, tun June 5
Southampte.a June I
DOVILT .... IMay 2,
Dover
Dover June 2
Southat,pton. Arrlvol
tiouthamptat. June .5
Done
aSh.mapton. June 20
,Southamptoa. Jane 5

• The mails to Ilkor *maims thus maim I are caartyw by
✓iee4 picket VIA YamAllem

ARRIVED.

1 AIMA Malua-at Gravesend, Nay 24, from Ilambare
ADUJILSD-11t Gravesend, MayF; 1111114 Creinren
Noun -at Gravesend, May 24, from st. tun
Baron-at ()ravened, May 24, from Gothenburg
Caaauana -at Gravesend, May 24, from Dromark
Csessaron -at °ravened, May 33, from Metro
CMICOLIMA-63 Gravesend, 21,14 from Stralsund
Cnaransa HULSRD -at Ora May 24, from. Denmark
Dovn-at Gravesend, May 24, from Tenerife
Dsvonsannut-off Penzance, May 22, from New Tort
bravo-RI Closemiown, May 22, from B. Ayres
Limos Ilancnaam-rof Portsmouth, May 22, from-Etingarora
ELAWISTII-st Graveseed, May 33, fr0m..... Rostock
&LIDA -at Gravesend, May 34, from IMMALI
Prormarcz-at Gravesend, May IS, from -. Oldenburg
Vero-at Gravesend, May 23, from UM
Ihissma-at Gravesend, May 23, from „, Dantrie
Gammen -at Gravesend, May 23, from Wismar
Haan M.Gaw-at Gravesend, Ma 23, fr0m......................tunt0n
Hsu-at Gravesend, May 24, Denise
Hone LSD Loren-at Ormond, May 23, from roadie
Josses Furrenaa-at Plymouth, May 23, from Landes
Jostenta Maaro-at Gravesend, May 23, from ironer
lineman-at Gravesend, May 23, from Cent
Lroa-at Gravesend, May 24, from Dramas
Maur-at Gravesend May 24, from Cram
MANIA Etas-at Gravesend, May 24, from Denmark
Msaya-at Gravesend, Play 23 from ..- ..... 1/4/2tri4
MARIA MID Bern-at Gravesend, May 23, from. Memel
Maaera-at Gravesend, May 24, from Deana
Marro Ann-at Gravesend, May 24, from - ......... %Gropers
MAYT -at Gravesend, May 22, from Valsuad
Mmustarnro-at Gravesend, May 23, from ..... --.... - . Odense
Ilsonrossao'-at Gravesend, May 23, from ...... ..... Alkienburs
MANLY-33 034Tellelld, May 23. from ..... . Caen
Noarout Taa-at Gravesend, May 21, from-....-... Stettin
Orissa--at Gravesend, May 33, from -.....Demunrk
PAUNA-at Gravesend, May 24, from Snolen
PLUKIMI Barest-at Viilolollth, May 22, from (eve
Pron-o( Newhaven, May 22, tram B. tyres
1/411.1.1W-at Coirro, May 23, from Look*
Batson-at Oramoood, May 23, from Diane
rianmena-at Gres Bend, 24, from Orietswed
Batas-at Ora y 23, from - Emden
tleseroca-at Gr:= May 24, from Ge=
Berms hiss-at Gravesend, May 24, from
Baase-at Gravesend, May 23, from Cant
VICIVILIA-4t Gravesend, May m, from Jamaica
Vie:ow-at Gravesend, May 24, from Dallis
VISIAINICICPG-43 0/1111004114, May 23, from -Woke&
VICIVAT -at Ora/emend, May 23, from James
Wasnmoron-at Gravesend, May 23, from Walled
VIC11)1111-Gt Ormmend, May 24, from Desmart