The Express.
London, England, 1852-06-04 00:00:00

IRELAND.

Donuts, Jess 3.
Dublin was visited about noon yesterday with a
severe storm of thunder and hail, which was suc-
ceeded by some heavy showers of rain that have since
continued to follow each other in rather quick suc-
cession. It is probable that the thunder of yesterday
was very general, as accounts from distant parts of
the country mention the storm, and describe the hail
stones as having been enormously large. It is feared
that much damage may have been inflicted oil the
orchards and the tender crops.
No messages were conveyed yesterday either to
or from London by the submarine telegraph. It
was supposed that the working of the wire was inter-
fered with by the presence of an excessive quantity
of electric fluid in the atmosphere; but I understand
that in the course of the afternoon the line was again
tested successfully between Holyhead and Ilowth.
Captain Tyndall, ono of the government commis-
sioners appointed by the Earl of Derby, has arriv ed in
Galway, to make observations on the capabilities of
that port as a packet station.
The lion. Hely Hutchinson has addressed the
electors of Waterford on conservative principles, but
he would lead them at the some time to think that
some of his sentiments have rather a liberal tendency.
Among other things, he says he would not disturb
the Alaynooth grant.
Galway is threatened with a tory candidate, who,
it is said, will represent the influence and the Money
of the Carlton Club.

It is said that a Roman catholic gentleman of high
standing, bat who would be supported by the pro-
testant electors, will contest Mayo with one of the
present representatives, whose scat, it is supposed,
will thus be rendered very insecure.
A boat belonging to the Rev. Mr. Lynge was at-
tacked on Tuesday last by the Claddagh fishermen
in Galway Bay while engaged in trawling. The
trawl tackle was destroyed and the crew severely
beaten. The people of the Galway coast have an
insurmountable prejudice against that mode of fis'u-
ing, and it has always been found difficult to pro-
tect the boats engaged in it against their violence.

THE IRISH CHANNEL SUBMARINE TELEGRAPH
Con PA:Vt.—The arrangements in connexion with the laying
down the isulated cable between Donaghatlee and the coast
of Scotland, for the purpose of establishing a submarine
telegraphic communication between the two islands, are
already upon the very point of being commenced. The
cable, we undersbind, is already manufactured. Our spirited
townsman, Mr. Hubert Henderson, has promptly offerod the
use of a steamer and steam-tug to render any assistant, that
may be required from the 2d to the sth of June. Here then,
is a public company, established by enterprising Englishmen
--the submarine cable already manufactured and paid fur—
all the necessary contracts, &c., arranged—and now it is
to be hoped that the people of Belfast, who will so largely
participate in the immense advantages the untlert,king will
confer upon them, will duly appreciate the exertions made
for their benefit, and give the project that encouragement
and enpport it so eminently merits at their hands.— Bel-
fast News Letter.

SPORTING.
TATTERSALIIB--Tarastuy.
AACOT 6TAKTI4.
6 to I apt Lord Wilam's Lady Merlyn (t and all o 9)
6to I Captain Johnson's Allegro :t and utt •df
Hyacinth was seratehed at: 1 p.m. on Tuesday in the
Epsom week.

THE EMPERIRM NATE.
It to I went Lord 7.etland'alugeur (t 3 to 2)
3 to I offered wawa any other
Stilton was struck out on Wednesday Init.
ST. LI.GF.It
GOO to 400 laid twice apt Itaniel (ea nrie and Noortrew
DERBY.
MI to art Mr. Bore• Cinn• (t and art oft)
23 to Lord Bglinton'a Vander.leeter. It and att off )
23 to Lord John Beott's The Iteiver (t and alt ..t.
30 to Mr. Bogen... Went Auetra4 ol (t and IA o.t )
40 to Lord Cladel.'.. Count...aloe (1)
40 to Mr. llowacces Itlnt.thorpe (t.
30 to Mr. St. George., Brother to ('hantlct. er IA)
The room was thinly attended, and Matinees dull.

MANCHESTER RACES—TIIrRIIDAT.
HANDICAP STAKES Of 5 sons. each, and 50 added, for 3
yr-olds and upwards. One mile and a dis. (17 subs.)
Mr. Hargrave's bl b Oabaldieten, 3 yrs. set 315
Kr. Itelblanee Paddy Bird, 3 yra, 7st Slb
34r. R. Ilemeltine's L'inty. 4 yrs, 64 .... .... —"
TWO-YEAR-OLD STAKES of 10 roes. each, and (Si added,
the second saves his stake; colts, Bst 516; and fillies, Bst
21b ; winners 31bs extra. T.Y.C. (9 subs.)
Kr. J. °phone's b e larebton
Mr. T. Fryer's b e NfttOf
Mr. J. Daborne's Bold Davie
Te.anr-smen's Cur of 200 son. (in specie), added to a
Handicap Sweepstakes of 20 son. each, 15 ft, and 5 only if
declared; the second receives 501. out of the stakes, and the
winner pays 25 sons. towards expenses. Two miles and a
dia. (66 subs., 43 of whom declared.)
Mr. Saxon'. The Black Ii etor, 4 yrs, Sat Slb 1
Lord Waterford's Cockcrow. 4 yrs, rat Illb
Mr. D. Cooke nd Aaron Smith, 4 yra, Fat
SELLING STAKES of 6 son. each, and 50 added; 3.
olds, Bst; four, 9st 211); tire, 9st 91b; six and aged, 9st 131 b;
mares and geldings allowed 31b; winners once (of 601.), 31b,
twice, 6lb extra ; the winner to be sold for 2001. ; if entered
to be sold for 1601, allowed 41bs. ; for 1001., Blb ; and for
601., 1411,. One mile and a die. (8 subs.)
Lord Cbeeterlield'e f by Linercest oat otleralina, 6 yes (to be
sold for 304)
Mr. Aeatin's Mire Julia, 6 yrs OM I
Mr. J. Oebonses Kathleen, 3 yrs (Sq.)
HER Marzerr's PLATE of 100 gs. Three miles and a

Mr. Allardke's be fby Fancy Boy out of Pelisse, 3 yrs. Ist 21b. 1
Mr. Mum's Harbor, 3 yr., lase 2
Mr. T. Parr's Selina, 5 yrs. test
MIRILLAK HANDICAP, of 5 son. each, and 60 added
One mile. (19 cubs.)
Mr. Ltarerrssees Osbablofto, 3 yrs, 7ore 71b (W. Sbarpe
Mr. J. B. recott's 'rely, 3 yrs, 7st 710 (Wet.)
Mr. J. Osborna's Lady Agora, 3 yr., let 21b . .(o.oorrse, Jun.)
Mr. Marry'. Mary Ann, 3 yrs, Est 61b (Knott)
Yt.M Evades, 3 64 1 alb
/11.. T. Ilbspberdeon's fby Morsel dam by Itruld:er,3 yrs,
filh
WOll easy by two length*.
Mums CITP, of 2001. (in specie), given by :the Members
ethe Manchester Union Club, added to a handicap of
6 an. each for 3-yr olds and upwards ; the second to re-
*sive 201. out of the stakes. One mile and a quarter. (73
dabs.)
Mr. Oviellles Frantic, 3 yrs, Ise Alb (Charlton) 1
Mr. Assns'. Miss Jon!. ,'— Est 61b......... „....(lMseel

Ilr.iiiiiriTaii—.ll•ll4, 1;114, .... (Ly.t)

KoitiiiarTriljeT3al4—The.t ICO••••••••••-• 6(Clissh.r,)
114 Waselefs Aka" in, 71b. ........... •

ifgatn initlitritatt.

SO/ANSA CIACVITS Of Till NOG'S. NM.
NoSTUARA a SCUT.
dTeatraday Lard Mlle JaiIOW Campion sad Yr. Jodie. Aidham'
19. ogorplo lot h0L11.4 the eahols. &BMW Arise for the
erverol wealtra, anat., aM towns eisprind la, than dierau ma 104
INlSSlMlll&—eabarbig, Jab IS, st ths ONO riTatk.
cnv Sam —The mei day, at Ilte OINIINA NUN alty al Tat.
Pt as or. adurdAy, /sly 13, at Durban'.
Ammo vialatalsa. —Thartrtry. July 111, at Itarreselle-asTiad.
Warr Lab 4:ot WC or Sawcarta.—TM eras day, al UN time
ibClm•
gm SIAM. —l4edtty, Aortal I. it Ora ONO. at Cartida,
amarataser --tbaraday. Aufrott 1, at
Notnaraa Drumm as Lawcamaraa.—AtAiteiraidle d Idsoatar,
IlaNdar. Await 1.
&alums Amami or Lamedmaa.—At lAversord, Wedrardlay,
AMOK I l•

110 USE OF LORDS.—YErmiDAT.
Arrests ram •ns than Cov.o sr CIANCIST ♦ull °Mar or "seam
usicsaintu.—lnseona int tan. CitanSlLLo/1. Lao Btsoeeuaf.
Luau toaasesas, ass Lan Grarean.
Tnit Dean or ATIOLL W. TOllllll AND Ortinste.—Ten
OLINTILT ROAD CASl.—!butts:! w Trivia or TM. RR-
tIeONDINTS TO Stn.
This appeal is from ►n interineutory judgment of the first
division of the Court of Session, sustaining the title of the
respondents, Messrs. Alexander Terri's, 'dinette (solicitor)
in Aberdeen; Robert Col, writer to the signet; and
Charles Law, merchant in Perth, to carry on an action, the
object of which was to establish the mpondents' right to
UM' a public highway which lies between Blair Atholl, in
l'ertlishire, and Braemar, in the county of Aberdeen, which
in its course passes through the property of the appellant,
the Bake of Atholl. The material averments of the sum-
mons are that from time immemorial there has been

the ugh the district of country lying between the upper
part of the valley of the Dee, in Aberdeenshire, and the
valley of the Gerry, in Perthshire, a public road commu-
nicating between the village of Castletown, of Braemar,
and other places in the former valley, and the village of
Blair Atholl and other places en the latter, and forming the
only direct thoroughfare between them." The route is then
particularly described, and reference made to a map of
Perthshire, published in 1803 by Mr. Stobie, factor to the
late Duke of Atholl. and it is set forth that " the said road
has been from time immemorial, at least for forty years end
upwards, used and travelled on by the public on foot or on
horseback, and has been frequented as a drove road by
droves*, end their sheep end cattle." Further that "rt
farms the regular and only direct road from Aberdeen
Blear Atholl. and from Blair Atholl to the Valleys of the
Avon and the Spey." The summons then states that the
responolents have been in use to proceed along the said
road, and that it they were deprived of the use of it when
they have ocenion to travel to or from the Valley of the
Dee they would require to make a circuit annoy miles.
The invasion of the right of public way by the noble appel-
lant is thus set forth That the defender or his authors
have fir come years back used various means to stop up, ob•
sttuct, or obliterate the said road, and to deprive the pur-
suers and the politic of the use of the same." It then
all. feel that he had employed gamekeepers, Olin, forest
keeper', and other persons, forcibly to interrupt and to
threaten travellers lawfully passing along the said road,
and that he or his poolecessors had illegally set up gates,
fences, and other interruptions acres* the road.
la his defences the appellant denied thet the road was a
public road, sad averred that it was mule for the conveni-
ence of certain farms, which are described " and for access
to Forest Lodge, a hunting seat of the noble defender and
his predecessors," and as a prvliminsry defence he pleaded
that tt-e pursuers have not set forth, anal do not possess
a sulkiest title and interest to raise and insist in the pre-
mat action." Thus the question at issue between the par-
ties on the merit. war, whether the road is a public or
private en: ? .tad the preliminary objection of the appel-
lant was, that the respondents had no title or interest to
try that question. A record was made up by condescen-
dence and answers. The following material facts were
urged for the respondents:—That the road was anciently a
natural pass between the districts of country situated to the
south and north. That it was converted into a made or
" metalled" road in 1759, and was, along with other roads
in the district, placed under the control and management
of the Commissioners of Supply of the county of
Perth, of whom the Duke of Atholl, for the time
being, was one. Thet the commissioners had frequent
meetings oa the subject of the road* under their manage-
ment, and this road was described in the minutes of these
mertin4s, as" leading from Blair Atholl northward through
Glen 'lilt to Braemar," and it was kept in repair by statute
stoma or nice. In pursuance of an act of parliament, of
1811, for the conversion of statute labour, the commissioners
of supply. the Duke of .ttholl being the chairman, dared
the road, (under the .12th section of the set) among the
"roads of the greatest public utility and resort in the
country." For the maintenance of these roads the services of
the:district were converted into a money rate. The respondent,
Mr. Law, was assessed for and paid statute labour service
money under the said act. It was then stated that the ap-
pellant had recently obstructed travellers in the use of the
road, and in particular that he interrupted and stopped the
respondent, Mr. Cox, on the Ilth of September, 1818, when
he wee passing from the south to the north; and that he
likewise interrupted Mr. Terries, on 16th September, 1848,
when he was passing along the road from the north to the
south.
On the 15th of June the interlocutor of the Lord Ordi-
nary (Ivory), tint appealed from, was pronounced repelling
the preliminary defence and sustaining the title of the pur-
suer* to insist in the action. Against this interlocutor the
appellant presented a reclaiming note to the tint division of
the court, and their lordships on the 12th December, 1849,
uaanitiviii-ly adhered to the decision below. This was the
woad interlocutor now appealed from.
Mr. Solicitor-General and Mr. Bolt, for BM gppelhilia
submitted thot the pursuers, u mere members of thopellb,
had no right, title, or interest to pursue the ram The
Duke et Atholl is proprietor of the whole of the etre of
the valley of the Tilt through which the road is sought le
be established. Deng thus the undoubted proprietor of
the sedum. it was attempted to qualify and restrict his real
rights by the assertion of a real burden over it. Tbe pur-
suer must establish a title in the property in connexion
with which the servitude is claimed. The claim was
meads on behalf of the public, or that portion who
travel on foot sr on horseback, or who have occasion
to drive cattle. The only title set forth was that of mem-
bers of the public. One pursuer was described as an ad-
vocate residing in Atienleea, another ea a writer to the
Bisset residing in Edinburgh, and the third as a merchant
residing in Perth. They dad not Marin that they aro owners
of any land along the line of road, or Is the Moiary of any
portion of it. They lived at greet dress% en ben
they ran reach any of its tenant. they el st Veal •on 3d
to 80 mdse. The title was one anew to the toklefittpablic
of Greet Britain ; but the oespardere no seese re•
pewit the public. It wen ries isles err •et a
popularis utile which, though alubled in the Ikea km,
was usknown to the law of floodise Boa Hume in he
stork on crime says, " Oar custom his doper Mr die
Roman law, which invited every dee II I a msMsrd
the sovereignty to prosecute for amp.alleane NOY ho
endear' as injurious to the peblie.' And lore cope
" We have admitted no arises in our law ups
of aril right which can be reseed by say eft=
interested, tempt is the ono et streess riviloal of whom law Ms Meal seer sew
profitable to them to be earned ea by say of
their relations." (Erik. IV., 1.11.) la seeking to Al the
burden of a public road upon the appellant's paoperty, the
pursuers were suing fur public interest, sand WHO truly
suing a popular action. if competent to them, the power
of suing was competent cuilibet exjpopulo. Thr present
was the first case la which this principle of the law of Sent-
brad has been direguded. In all the cases in Madeleine'
of a right of public read, a special interest has been set
forth ar the basis of the title of the penmen. " len v.
Hamilton " Shaw, 149), Oswald v. Laurie "(6 Mar.
ray. 6), "Berry v. Wee" (M.Fara jar. eases, 91),
ee inches v. Forbes" Ibaw, 441. Haar V. Rogers"
(a Show, 257), " Mersa v. the l dof Marisa " (8 D.,
The sews of " Earl of Omer v. gro Town of Wig-
ton " (Mar. 16, 122), " &Mkt v. Soot," 1/0/1 (Pee. Collie),
referred to by the paten se ratline to aa opera reser.
was *mead ware weer sealosatory of is view new
presented then aped to it. TM eniy sere la whet
title with redbasse to • /polls wit was attegal to Ile
maintained by peaks bars a awe osawel sr
rarest, the Aaks to OW Mk woo
" Tar v. Earl r
of Loalsoildo " (6 Shaw, 111.
Lord Cr.igie there WM dot the mod
to be a public kirk and errhet wad. . =sr Of
OMMlWeilty " wee ma *sw a seller k
to resist ay
_dosere 1 bet tbe other
bid the peer haw a surreal titrivisirredgesadiallens
his lardsaissureired that the ember of IMpair tisgll
show a t interest, and he held Chet es Mee Ma
gervant, dumb liable to baremoved at say thesr in the ices
of a road to the parish shwa was allskr. But It was
estremely unlikely that Led Cairo word lass held that
inhabitants of Aberdeas, Perfir, and as a result
of their right of leoldegy, would baltiliMitnerat M-
eters with regimens let • red through a Ded gra and
across a ridge of_ highlred ntountaias. use win te
be hold as riaes was reeres se to the
presses ea. If seek seders as do Win
sustained, peopeless eel le snljsMstl Mau in-
tolerable Frame. If es right Si Meg each ao.
Ikea ode is sp onalle of ea reagoalty. the
has as geed a Ms as es globose. • prorkler way
ttelMssslfsatedtoa =ink with a prat raremed of
ef reara and= 'dresser le do wilt the
hefty, and or bstantid biome is the
sues* matter of tie aZ so
t. Whoa one attempt teak
mother might be ore. • series el snits 'sight beet
by en of strew, all cooseattively eadais
i faveargilifst
repairer e . but ease essellialeg re bergs sash
secosseh
is shish s%rif siliallssigffeseTsets be lkatisFileris
averred de the highway has bra illeZ/aselgssi lbs
Ms est highways may be Tared by all =NS*
of the Pesos, ate simper the edge" of set at
war with Ms sonsloy, b aalelentbe gdre se iamb, not
oily all the staleata tho prim, NA the Uhl ridge of
=reintrbissersVize..etTowaisaytthlorts aze
awes sadly In
and pare latsepties was • pereurdea of Mgr. It
was abeam of intend, aid So Mer a
lama.the It was said that the hed earn hi
tapers as to ethos, es
"Id"' Msoda ssibM lige Hsi "Me
d& =el
darnel seer sooserg uses deb seeraire. Mto es
alleged reef es Ned by Ow peer emedres, whisk
wee cast +N es MeV dent of 1111 e, the seem
WOO OM ha 11, fortke w meirgy

in.
MIDMiII given, which detail, if the fact was founded on as
*ends el • title otherwise defective, was indispeneabl ..
TINIIINAII was claimed as a horse road, but it was nowhere
that the pnesten ever travelled along it with
so enehl Soy d., so with truth, for this mountain
=MN astir its course was unfit for the use of
11. flethiethe Mid was claimed as a thine road
thlllthlth 1111thlbIlthaxiomrse,nt
of :ielsopected the
court per.
MI now appealed frost were, therefore, it was
wawa
apposition to the law and its received prin•
apies. It wet neat usleaded that the title of the respond.
eats was theiththlrdellitetive with reference to that portion
of the ecinthatheas Mild relates to the portions of road
formed eselasively by the appellee... predeonsun, for their
private use. Drives in rides connecting the Duke of
Athol''s residence at Blair with Forget Lodge, which is
situated 0 the upper portion of the valley with bridge.,
Ike. ea which gates weprateLd4.7ere: at great ex•
pear by the Duke's end were so lowed for
their private ass sad advantage. It was net said that the
portions of road claimed were aide ...tad to the public, or
that they had been used for 40 years as portions of the pub.
lie road. There was no statement of the extent of these
portion of the road, or their proses locality. The appal- 1
lent was in complete ignorance se to the precise limits or
extent of the demand meant to be embraced under this pm,
lion of the summons. The (urination of new lines of read,
avoiding inequalities of surface, the continuation of • end
on • different level, and in • different line, with a bwith a view to private enjoyment—the only previous=
being in the lower level and crossing the river by a Mdr
could not imply any necessity on the part of the ampainnt
arres
to make over these Imes of road or the bridgy loth,
or impose on him the necessity of warning the he
reference to the use of these lines. The ale the ger
suers must be sufficient to support all ands's& tithe eno-
elusions of the summons. Lastly, it we. esiallini tint
the interlocutor of the court sustaining the die elf Meow.
Buell absolutely is erroneous. even if the reepsedean weft
to be held entitled in respect of their covenantee* be alp
mined to prove their averments, with • view to imlablla
their title. The interlocutor of the Lord Or&
nary, affitined by the lords of the Ant division,
sustained the title of the pursuers to insist is
the action, while, according to the opinion of the Mete
the title must depend upon averments not proved or aides
ted, The pursuers may have made averments which, Use.
tablished, might, in the view of the court, make out a title,
but the mere averment of disputed facts could never esta-
blish a title. The matter of title fell to be separately dealt
with in the matter of proof and; the absolute and un-
conditional sustaining of the title, without any such
proof, was inconsistent with the ground on which the
opinion of the court was rested.
Mr. Bethel' and Mr. Andentholthlein is imp= ef the
judgment below, contended that the
title to sue the present action. Tbeilirialier iteaelli=
in question was an alleged right of public way.
was an action of doelerator. The respondents nallejoillilla
there is a public way through Olentilt. If dew we. •
public way, as a consequence they merely, se mothers of
the public, were entitled to use it. In seeking, therefore,
to establish this right of way, they were seeking to establish
a right, which if it exist, may be exercised and enjoyed by
themselves individually. If they have a right to go to the
ground and travel over the road, assuming it to be public,
they must have a title to ask a court of law to negative the
claims and remove the obstrustioas that prevent elide
doing so. The right here sought to be dearth
was one that may be exercised by the resposieele
as individuals, and which cannot indeed be maid
at all mikes individuals are to exercise it. The PM IPSO
not merely one depending on the abstract title of any a
the lieges'to amen • right of public road which they Olt/
themselves use. The defendants set forth that the mil to
question is important and valuable to themeaves filethethelp
ally, as the only direct thoroughfare between the gleme
where they respectively reside and other places to tibia
they have occasion to travel, and that the interroptiss ef
the use of it is a distinct hardship, requiring them to laths
a circuit of many miles. They had Choi a specific personal
interest in vindicating its use as • public road. There
were some rights which could not lie declared or enforced
without a written title in the person of the pursuer, bee
the reason of this was that the right itself can only be
proved or constituted by writing. There cannot, its general,
be a &Tiltrotor of property in laud without a written title be
the pursuer, for the right to land can only be proved or
created by • charter or coueeyance. In like manner • dim
of proper servitude must be proved by a written tido, be-
cause a servitude is a private right belonging to see pt.-
perty over another, and the party claiming it moth thew •
title to the dominant tent lent before he can impose a bur-
den on the sentient tenement. But a right of public way
was open to all the lieges as such, and required no written
title or title of property of any lentil to support it. The
title therefore to declare such • right must be in
one of the parties who have the right itself, and
who could exercise it if it were ascertained or ad-
mitted. The right and title hero must go together.
If parties have • title to use a right, they have a title to
claim it, and a title to assert it judicially by declarator
when it is denied or disputed. In the preliminary question
as to the title to me, the allegation of right was enough, and
the party must be allowed to prove his allegation. It indi-
viduals have a title to declare a right of public way because
the right extends to themselves, and may be personally
exercised by them when declared, it was impossible to
exclude that title on the ground that their oppertunities of
exercising the right are more or less frequent or easy. It
was submitted, therefore, that according to the plain law
and reason of such question the title to pursue this action of
decimator was the alleged existence of the right in dispute,
and that the respondents cannot be barred by any prelimi-
nary objection from entering on the merits of the case, and
establishing by evidence the right of way which they thus
allege, and which if it exist they were entitled to establish
and entitled to exercise. The right was a public one. It
amid not be disputed that then no be eamewhere se
other • title to ears, es the es sass saw peeeent.
Whatever be the ileadatisee et the right
_lt amid be
=all reason and esslegy if such a meld eat
I its co-relative remedy if it emu be Windy
tad unlawfully invaded and .thaseted within nines.
The public could not sue cotheetheip Sty time thigh they
can use the rued collectively, wed thus In n• oaths dicer
to represent the public is ate/
warr sertibt coon;
is neither there in Scotland treyse a pee-
sentment to the genies sad seat iadleemeat sealing
the party eletesaing ee elbow interfering with the
right of way. 17alese, this, the richt was to without
=. It mot be eepalis of bong vindiead by indi•
Inning part of the anomie of the public. In
when meld the title be oat if tot in pesos similarly
situated with lite empoisste ? One et the mown was a
citizen of Aberdeen, soda of liditheigh, eel • third of
Perth, and be had actually contributed tweeds keeping
, the reed to verde. The number might haw test
2
Itiplied ad libitum, but this would nip base eneenhared
the newel eel entailed espouse withotisroe=
samisneiNsi advantage. It was contended in
below that the sly partess entitled to see is seek as sedge
were these medal is the seighbeenbeed et, sad who were
in the Nolo* peens' of wan tbe seed. If by the
naghbeedieser the agrilea awe" the earmam which
the reed esenelly travemed, the patios was sham* un-
tamable; the the popeiedes esedre Obis earn as* de-
pesdente. Dare was • andades ef • pallid eight dory,
with • emits& rood, hang • dendesa Mensal
to
whisk the servitude is 'Mend •
oil seedned. All mem"
other this those in right to the deamesteenemeat attempt-
ing to me the servitude road mod se deed be
end they minseqaeutly we hoe as title to net=
tor ef the servitude. If there wee to be a larger aro,
where was the line to be dews? • person was not pre-
cluded from asserting • right shish is in him because
hitherto be may sot persuaally have exercised it. The
twists and dependents of the appellant IWO cossithe it
owe for their Wow that the reed isenhl be oho ap, or
tweed a • ohne reed for the assammedstics of doo-
dahs), this that it ahead be peals. Thome who hod the
right et way were rins pope paliesestided le waist that
Aga. The respendeses weld have best entitled If they
W bad the parer nod strength to room the gates and
Sao end to seat the setaisen el the appellant ;
but they was set bead to sowssitor 'oh Mem
and they were entitled to promed via jars to have
the shammies* renevel by the more powerful
an ef the has. It we sat easassay Ise the penmen to
Age that they initathelly was is die me of
the mod—it we essegh to nee the Mbe
easidished. These a• otheint slanenttslertess
doe es a • right denied by the welds' : Is it wee lik-
draft no forth in the moneen sat peek ham, sad
ether ehosmetiene bed beset en awl gemarespres, West
Memo, gilllet and ober peas aidaell h 7 the end-
ing la seder to prousgen mks by
toad. The
agleam, ems ifii=lbeen • awn en, would only have
bon wirmat to stop mending' until the attempt should
be media lase the jelessat action w.,s commenced, Mr.
Terris lie Mr. Cox did taws to proceed along the road,
end were aseselly prevented by the appellant This was a
proof of the dessesty ad pepriety of the action, if the 1
rpwe ht itself mined. The iratherities relied on by the sp-
at wen either besqlleehle or head to s his argument,
Or east givesthem to the title of the public.
" Tale v. Landesdale," . Haney v. Rogers," " Duke of
Beadles v. Adam " (6 WI and Shaw, 70), "Marquis
of Bread lbw v. Macgregor" ,7 Bell's Appeal Cases,
143). Some other erne had more resemblance to
the pretest. " Teams v. Allen " (Moe. 14,512),
" Campbell v. Campbell" (6 Brown's Illupp., 699), " Earl ,
of Oinelle v. Town of Wien," " Guild v. Bent,'! tr
Tin PABBS bat the right, but it was net the he.
lul finesrmii lisieselo lababb to the responded'
;T:slampa NW amines if **pulia bed ane erne
_ ea bawl. 1101 MOM did ma lithe elms
',ara= nairdryie cad imintriut
is Ma plink it egad so a nem that dm
were sat named in theAglS mend te be
TIN Itt
steeples web by NOW to eral doctrine
showed it lied so Weans le_ laving for
their object the mishilamende pia "Ed that it
had rehouse to gam =.7.9 Mow liPli=
the intense' dasether, se melt den
meat as. acorn to himself. The Mb d Wadded ions
hers of the public to protect their right to me s paths
highway unmolested, was illustrated by Ilfri loi pkili
BM in other cases of public right, as ,
11....../safries, Lc. " Macfarlane v.
" (4 W. and 8.. 76); " Toil thVinnen
eladre we " (Moir. 1,907). The sew oboe _ oath
ededised fes ad did see Mara the renenasert
If anis
t , these aagethe anden4,w prase iggle itealodf be le
Er ‘..015. wee en
assmolate aeridesa•
it Ila ire. as it m • toll4paltial
us
of Ibeigisitbe *dim If lbe
rail bees doily epasellene 1119 dit
denath, in Nei as atiefsksala
salmi yield lave made the ail peat a Ss

THE EXPRESS, FRIDAY

rails blearq. The acemem etwouger when the owner of
the geteamil hedine=sla formed new pieces of rood in sub.
(Asides tering portions of the old.
he upon* yes ea concluded when the hone' rose.
EQUITY vouirrs.—Yernamty.
riven roe Moo.■ or rise 1,0840.
Woman e. K .—Tom hamster PARC=
DILITZST COMPANY.
Mr. Ramsdell relater snored es the part of the plaintiff,
who sued on behalf of the London Parcels Delivery Com-
pany, for ea injunction to restrain the defendant from le.
smug eay board or placard haviag any words or device on
them in Imitation of those on the beards and pleeerds of the
plaintiffs. From the 'lslamist of the learned counsel, it
appeared that the company was establish/id in 1827, and
their object was to supply a certain and cheap end ezpedi-
tious mode of delivering parcels over the whole metropoli-
tan district. They have receiving-houses at different parts
of the town, end their business is en extensive and valuable
one. At than receiving-houses there are boards or placards
containing the words, " Receiving Hotta for the London
Parcels Delivery Company. No Charge for Hooking."
Defeedant had set up in the sane business, and he, too, bed
receiving-houses with placards and boards similar to those
of the plaintiffs, emitting the word " eoespeay," and in
some cases substituting the word "conveyance,' which
plaintiffs contended was a colourable imitation of the pla-
cards and announcements of tho plaintiffs, and they alleged
that they suffered injury from parcels being taken to the
offices of the defendant by parties who intended' to send
them by the plaintiffs ; end a number of affidavits were ad-
duced in support of this allegation.
Mr. Wilcock, on the part of the defendant, stated that
he bad carried on the business for seven years, always ex-
hibiting placards and painted boards, end announcements
similar to those now complained of, but which had
been complained of till within the last few months, and
that Mr. Rumball, of whom he purchased the business, also
exhibited placards with the words " London Parcels De-
livery," and he contended that he had, a right to exhibit
such placarda
His Honour said plaintiff was entitled to an injunction to
restrain the defendant, his servants, and agents from re-
ceiving for the purpose of conveyance, or conveying or de-
livering any parcels directed to go by the London Parcels
Delivery Company, and the plaintiff must undertake not to
receive or deliver any parcels intended to go by Kebbell's
Delivery ; the rest of the motion to stand over, with liberty
to the plaintiff to bring such action as he may be advised to
bring to try the right to the use of the board.

Moons Vies-esisscuLaa NU Gamboa Nana.
000DCH1P v. Waavuto.
This was a motion made on behalf of the plaintiff for the
production of certain documents. The documents were
admitted, by the answer of the defendant, Feargus O'Con-
nor, to be in his pootession ; that is to say, in the posses-
sion of Mr. Roberts, his solicitor, who claimed a lien upon
them for his costs.
Sir Wm. Pago Wood and Mr. Roxburgh appeared for
the plaintiff, the official manager; and Mr. Swieneton and
Mr. Bennett for the defendant.
Alter the case had been argued for a csnsiderable time,
an order was taken, by consent, directing the production of
the documents without prejudice to the right of lien, if
any, of the solicitor, Mr. Roberts.

COURT OF QUEEN'S BENCH.—YESTERDAT.
THE GRAND Jelly.
Mr. Justice Coleridge, amongst other remarks in his ad
dress to the grand jury this morning, commented forcibly
upon the absence of several gentlemen who had born sum-
moned; for instance, there were three baronets, none of
whom had replied to the summons of the court. But if
there had not been a sufficient number without them, he
would hate inflicted on them the severest penalty that be
could.
nreetweis rs Basco.—lbreoaa Lean Carreastt, Ma. Items
Cedannilla. Ma. lenses Wiesersian, AND Ma. Jeerers Ewa.
Tax OVERSEER% OF BIRKENHEAD V. THE CORMIE•
BIONIRII ov BIRKENHEAD DOCKB.—JVDOMENT.
This was an appeal from a decision of the Court of
Quarter Sessions affirming a parish rate issued by the over-
seers of the parish of Birkenhead, upon the commissioners
for the construction of the Birkenhead Docks.
Lord Campbell, in delivering judgment said, the question
in this cue was, whether the trustees of the Birkenhead
Docks, were exempted by the words of the special set from
contributing towards the relief of the poor of the pettish of
Birkenhead. There were no express words allowing an
exemption in the statute, and the court must ace if it had
been conferred by any sub.equent statute. The appellants
did not, and could nut rule, under the circumstances of
their being trustees. By the ease 7 Barnwell and Creswell,
p. 611, the principle was laid down, that if the parties
who were rated were not occupiers of house and land, the
statute of Elizabeth did not apply ; but where they were
occupiqrs of land and house, the exemption must rest on
some special enactment This principle was acted on in a
case, 1 erm Reports, p. 30, where the exemption was placed
on a clause in the local act. The decision in the Liverpool
case could not be supported by a similar reasoning ; if the
court recognised the taw, it would like to know whether
the legislature had cont. reed an exemption on the Birken-
head Docks. The 7 and 8 Vie., cap. 79, empower. d the com-
missioners to levy, muster and raise certain rates for the pur-
pose of keeping the docks in repair. But this enactment was
not intended to exempt the Birkenhead Docks from lia-
bility to contribute towards the relief of the poor ; and
there was no statement that the sum raised by the commis-
alone?* would not be sufficient for all purposes mentioned
in the act, atter payment of this charge. This case was
therefore distinguished from those which were relied on.
It was not necessary to consider the other questions that
had been raised ; but the court had now only to give
judJudgment for the respondents.
gment for the reepondents.

COURT OF COMMON PLEAS.—TESTEADAT.
ferrous as lance.—preens Cour kerma Juana, Me. lent..
Karts, are Ma. Jeff IC• CRIIIPWELL.
EDWARDS AND ANOTNIIR e. Till GRRAT WISTRIIN EalL-
wAy ComrANY.—EITRAoRDIN•RT BILL or COSTS.
This was an action to recover certain overcharges made
by the defendants against Mr. Parker, the carrier, whose
assignees the plaintiffs are. The plaintiffs' bill of costa con-
tained a charge of 1,3001. for a notice of action, and an-
other of between 6001. and 600!. for a notice to admit. The
case was brought before the court a few days ago, upon a
motion, by Mr. Joseph Brown, as counsel for the plain-
tiffs, that the Master should be at liberty to review his
taxation, one of the points being that the Master had taxed
off 1,000/. from the charge for the notice of action, and had
allowed only 3001. for it, but the court refused the rule.
Mr. Serjeant Chatinell to-day moved, on the part of the
defendants, for a similar rule, to review the taxation, upon
the Masi that, the Master, in giving 3001. for the notice
of sell" bed nude an exorbitant allowance. In fact, his
instruliega Were to move upon two points. First, that are,
nodes Of MOB at all was necessary ; and, secondly, that If
It was nealliely, that the allowance for it was too large.
Upon the lot point, however, he thought that it was am-
neentile to disingaish the present case from that of " Kent
v. the Great Western Railway Company" (3 C. 8., 714), in
Whilit deem. held that notice was necessary. But in that
1611/011 that the second point could not be made,
as no was raised before the Master as to the
quantity of the allowance. In the present case the affidavit
stated that the objection as to quantum bad been made
Wale the Mater, and it was therefore submitted that the
elianbilis granted, els that the matter might be further
issellersi.-4tale treated open the second point.
lenses IT Nut PEW 111 1111DIWZI. 11•POli Ma. 3171111 MS
TatlOrlD AID • 001111011 RAT.
LEROUX v. Baoww.
The plaintiff in this case is the eon of a retired surges..
living at Calais, and the defendant fa a gentleman of. gas.
petty, owning and cultivating land in Kent end Xmas;
The plaintiff sought to recover damages for break of
verbal eagagement made by the defendant, to maple, him
for a me, at the salary of 1001. for that time, as his area
at Clia la collecting and purchasing eggs, rabbits peep
leas, eel other articles of provides, in lorance, for the Las
des =aft
The plisletiff 's ease was that be was a young man, sew
about II years of age, and at the time the contract was en-
tered bile he resided with Ide father at Calais. In the
latter pert of Ilit9 the delesdest west to Calais on pleasure,
on two eessiese, and Minei • Ihrteight eaeh time. Whilst
there he oohs plaintiff's lather apes the pier fishing for
Wee, est es sequaiatesee eseasesseed between them, and
tibm=tiff himself wee about emeetaatly with the de-
la the wane d their empealstesse the defend-
est% elllsetkat was draws to the Wiser el ellieedoi per
videos sad thewarliag them to London, and be metered
into the speculation and agreed to employ the plaintiff as
his agent from Christmas, 1849, to Christmas, 1850, at •
salary of 1001., payable quarterly. Shortly afterwards the
defendant went to England, and although a letter or two
passed between the parties, no arrangement was made to
carry on the anticipated business, and the plaintiff did not
actually perform any work for the defendant.
The evidence given on the other side gave a very dif-
ferent version of the matter. The defendant swore that
he never employed the plaintiff at all, hut he admitted
that the propriety of entering into the provision trade
was discussed by them, and the plaintiff and his father
stated that if the defendant would invest 5001. in the Min-
oan be would be sure to realise a profit of not less than
200!. a year. He agreed to enter into the business upon
haying a guarantee as to the security of his capital, and
that the prollt would amount to 200/.1 year, but he did
not estaellee that if the profit was lea nisi the amount
await be me& up to him. He mid he would give the
plaintiff belf the plelt, but he took the plaintiff into
his ray way, the oaty proposition being that
he eZW:lllllperteeri hut the het was, that the matter
was only %Mai sf, red so anespeneet whatever was en-
tered into betimes them _

-11Yektri,tteit;wer to his lordship, gave their opinion
that the fondant bed eentraeted to employ the plaint',
but that the plaintiff bed not, in the terms of one of the
Pas=meguested to be employed, and they estimated the
ris daamp at 101.
TM OMB smempied a good part of yesterday and the whole
of torlay, ed was net concluded until six en the evening.

BILERIFFS' COURT:—YerraRDAT.
Mums Ma. W. Bammum,. Dann Unass.llemnr.
BLitIDIOM V. PAllNl.—Uti.telt OD rlolllllll.
DAMAO= 6001.
.

Tii wee a lent of inquiry to roma the dandages in la
Sian 111117 ht to recover conspessation he the .10*-=
forsumee o s_prowdes of marriage made by the defeC
to the plaintiff. The damages were laid at 6,0001., sad Ow
&fondest suffered judgment to p by default ; that is, did
net plead te the action, and thereby admitted the balsa of
MIA&
Kr. Seejeant Wilkins, in dating his client's ease to the
jury, old It would be allowed that he had had some little
expearisam la ewes of the deeeription of the 'twat, but
near datee he bad been In the profusion had he been eon-