The Express.
London, England, 1851-07-17 00:00:00

IRELAND.

DUBLIN, JOLT 16.
The tedious case of Captain Wynne against the
Marquis of Westmeath terminated yesterday, after
a trial of eight days, in the discharge. of the jury
without agreeing to a verdict. This is the third I
trial that has been had in this case, and each occu-
pied the court for eight days. In the first the jury, I
as at present, disagreed ; in the second, a verdict was
given for the plaintiff with 2,0001. damages; and
after the close of the proceedings yesterday-,
it was
rumoured in the hall that the jurors were unanimous
as to finding for the plintitf, but disagreed u to the
amount of damages, eleven being for 3001., and one
for a farthing. The plaintiff, it will be recollected,
was the late inspector of the Carrick-on-Shannon
Poor-law Union, and sought to recover damages
from the defendant for the publication of libellous li
matter charging the plaintiff with immoral conduct
in the discharge of his public duties. The details of
the case were of such a nature that they have been
excluded from all the Dublin newspape,is.
The Roman catholic electors of Limerick have
signed a requisition to the Earl of Arundel, inviting
him to stand for their borough. A meeting has been
held for the purpose, and Mr. John O'Connell has

recommended hi; constituents, in the strongest
manner, to select Lord Arundel as their repre-
sentative.

CLERICAL.

Rev. A. P. Stanley, to the canonry in Canterbury Cathe-
dral, vacant by the death of Rev. F. V. Lockwood.
Rev. R. Atthill to be minister of Middleham Collegiate
Church, Yorkshire.
Rev. J. A. Beaumont to Poughill Rectory, Devon ; value
2211. and residence; patron, Lord Chancellor.
Rev. H. B. Bevan, to Hay Curacy, Brecon.
Rev. A. G. Bleeck to Sutton-Veney Curacy, Wilts.
Rev. J. H. Cartwright, Perpetual Curate of Winter-
bourne and Dantsey, to Winterbourne-Earls Perpetual
Curacy, Wilts; value 591.: patron the Prebendary in Salis-
bury Cathedral.
Rev. J. C. Carwithen, Rector of Challacombe, to Shirwell
Deanery Rural, diocese Exeter.

VACANCIES.
Orayingham Rectory, county and diocese of Lincoln
value 4501. and residence ; patron, Sir J. C. Thorold, Bart.
Rev. W. Verelst, deceased.
• _

Minster Vica;uge, Kent; archdiocese of Canterbury ;
value 7331. and residence ; patron, Archbishop of Canter-
bury; Ker. F. S. Lockwood, deceased.

SPORTING.
STAMFORD RAC ES.-Tv MAT.

BAIILZYTHORrE STAKES of 15 sore earh, 5 ft; for 3-yr-
olds, &c. Once round and a die. Gentlemen riders. (3
subs.

-----
Mr. Itogers's Pulcherima, 5 yes, 114 51b, walked over.
Two-vein OLD Steams of 20 soy* each ; colts, Sot 7lh ;
fillies, Bst 61b. T.Y.C. (4 subs.)
Mr. Weisel's f Plata (Bartholomew) I
Mr. E IL ihulth realm (Moekeray) 2
Lord Emter's fby M. Mart* out of Toga (Norman) 3
Even on Poetess. Won ea,y by three length. Toga a
bad third.

SEKOULET STAKES of 25 soy:, each, 1.3 ft, and 6 only if
declared, with 60 added; the second to wire his stake. Once
round from the New mile starting post. (26 sub.), 19 of
whom declared.

Mr. shetto's Westow, 3 yrs, 74 1 llb (E. Sharp) 1
Lord Clifdro's Stionghow, yrs, 84 ;lb
Lord Exeter's Clow. lye.. Set Ilb ...... _(l!arlock) 3
Coptaln leorther's King Charming, Syr., Sat 21b.(11ammind) 4
HANDICAP PLAT' of 50 sons. Twice round.
Mr. Stephemon'a Brother to Willingham, 3 yro, wit 711,
(G. Mann) I
Lad Exeter's f by Belram out of Datum, 3 yon, lot 212
(W. lisrlock) 2
Mr. Swann's Fgalitd, 4 yr., 7ot (Doan) 0
3to 1 on Brother to Willingham. Won in a canter by
40 length..
STAMFORD ST. LEDER of 25 soya. each, 10 ft, and 2•i
added. Ahout one mile and a quarter. (5 sub..)
Mr. Nesille'il Tcleocope, let 41h
Lod Enclave Cone, Bst 711, (FloUnan) 2
Betting : 5t02 on Telescope. Won easy by a length.
•"--

WiDIiiBDLY.

(By Electric 7acer.rigi.l
SWEEPSTAXIII of 10 sore. each, 5 ft. and 25 added; for
3-yr old cults 8d nb, and finds 84t 41b. Once round and a
distance.

Theseus Walked over.
SWEIPSTAIRS of 15 sons. each, 5 ft, and 25 added; fur
2-yr old cults fist 71b, and fillies list 31b; winners extra.
T.Y.C. (9 subs.)
Mr. Payne'. Freedom
Mr. Watson's France
Captain Lowther nil f by Annandile out of Calypso
Two others started. Won by half a length.
GOLD Cur of 100 son. by subs. 10 sons. each, with 20
added; 3-yr olds, Get 7lb ; four, fist ; five, Bst 131 b; six,
9st 51b ; and aged, 9st 71b; mares and geldings allowed 31b.
Three times round. (11 subs.)
Mr. titephenion's Nines, 4 yrs
Lord Burghley's Phlesethon, 3 yes
Ccptaln Luwtner's King Charming, 3 yrs
Won by a length.
BETTING AT MANCHESTER—TUESDAY.
TDB NOITINGWAMALIIKE HANDICAP.
9to 3 salt llowague (t) 10 to 1 sgiC %%destine (t)
3 to I Herbert (t 12 to 1 Gander (t)
6 to 1 Coektsil (t) 13 to 1 Viscadiere tt)
to 1 Oxford Blue (t)
GOODWOOD STAYER.
to 1 agst Harpsichord 13 to I apt Empress Colt (t)
10 to 1 Presto Il2to 1 Windischgrats(t)
IS to 1 Narcissus (t)
GOODWOOD CUP.
9 to 2 opt Nancy (t) 5 to 1 apt Cariboo
7to 1 Cossack (t) Il2to 1 BaJoba (t)
Sr. LEOKR.
9to 2 apt Hernandez (t) 120 to 1 apt First Fruits (t)
2 to 1 Aphrodite 20 to 1 Prime Minister (t)
100 to 6 Begonia/tee (t) 300 to 13 The contemn. (t)

INTELLIGENCE EXTRA.—GOODWOOD, 1831.
HANDICAP FOR THE CHESTERFIELD CUP. Craven
Course.—Glauca, 5 yrs, Sat 121 b ; Landgrave, 5 yrs, Sit 121 b ;
Vatican, 6 yes, Bst 121 b ; Turnus, 5 yrs, Bst 716 • Nutshell,
4 yrs, fist 416; Strongbow, 6 yrs, Bst 21b; Windiscbgruts,
4 yes, Bat ; Little Jack, 4 yes. 7st Illb ; Backbiter, 6 yrs,
17st 91b ; Officious, 4 yrs, lit 9lb ; William the Conqueror,
4 yrs, 7st 91b; Miss Ann, 5 yrs, 7st 71b; Loadatone, 6 yrs,
7st 7lb ; Montague, 5 yrs, 7st 71b ; Woodlark, 5 yrs, 7st 41b ;
Gilliflower, 4 yes, 7st 416 ; The Heriot, 3 yrs, 7st sllb; Dul-
cet, aged, 7st 21b; Confessor, 3 yes, let 21b; Champion, 5
yes. let; Eva, 5 yrs, 6st 121 b; Humphrey, 4 Est 1016;
Cornelius, 3 yes, Est 71b; Glenhawk, 3 yrs, Est yrs,
71b ; Bar-
celona, 3 yrs, Sat 7lb ; Nautch Girl, 5 yes, Est 71b; Aristo-
crat, 4 yrs, 6st 41b ; Croupier, 3 yrs, Est ; Phlegethon, 3 yea,
6at ; Hurry Scurry, 3 yes, sst 131 b ; Pierre de Touche, 3
yrs, Sat 1016 • Faux piss, 3 yes, sst 1016; b fby Irish Bird-
catcher out Of Wadrastra, 3 yes, sst 716.
HANDICAP OP THE NURSERY STALES, of 15 son. each,
for 2-yr-olds ; one mile.—Herschel, Bst 7lb ; The Brahmin,
Bst 716 ; b e by Cothentone out of Wryneck, Bst 71b
Buniclale, Bst 7110 ; b c by Sit Hercules out of Odessa, Bst
71b; Muham, Bst 71b; Grey Tommy, Bat 71b; b f by
Lanercost out of Cytherea, fiat 41b ; Constantin, Bst 31b;
Jullien, 7st 121 b; Hambletonian, 7st 121 b; Frantic, 7st
1016; Ethelwolf, 7st 81b; Greengage, 7st 71b; b c by.
Touchstone out of Fugleman's dam, 7st 71b ; Lens, 7st 716 ;
Iresine, 7st slb ; Urbanity, 7st 31b ; Joe Miller, 7st 31b ;
Sir Charles Napier, 7st 21b ; Benita, 7st llb ; Maria, 7st;
Hirsuta, 7st; The Sphynx, Est 121 b; M. Houdin, Satl2lb ;
Senorita, fist 121 b ; Ella, Est 121 b ; Lady Blanche, Est 101 b;
Koh-i-noor, Est 1016; Plumstead, Sat 10ib; fby St. Martin
out of Toga, Bet 71b.

CRICKET.
THE NORTH V. THE SOUTH.

This match was brought to • conclusion yesterday, when
tho score stood as follows : _

Gabe sue, b Hlllyar
Gabe
Minya. I e Bam, b Medea le
Parr, b Hillyer
Mr. IL Vernon,io Madan
Mr. P. T. Pam b Hillyar
Animas, 0 11111 yo•
Cbavertco, b Hilleer SI b Wiliam

____ _
Niue, a Ilaz, 0 .
0 Wisdom 29 Wade
121ordki'ortaraaay„ 0 Hillyer
Clarke, ma oat 0 tout 4
Lb, 9 10,6 l2

Nem&

Aral, b Carla ."."';: ee
calarl r diZa, l2
Carr, • Nit" b Gerdy 35
Kr. Barra* 1 Gerdy
=rad, 0 b Orval, $
b Oral, — : ?I= b Clarke
I Psis. b 5
ler. N.= Grady
Dor. b Grady 2 a Vara, I Oaks
Waft% banal,
2111144 wart
Dm b Naga 1 ant oat I
I, 2; ab,ll S B, 3; Ib, 3 4
el 14
And so the " North " were the victors by 12 nun.

Fan AT THE lIIDOZIe
of elm Common Law Comm

orma.—ln the report
jest Wood, which coo-
- _

Was a gad deal of valuable 'aluminum, the cranninsionen
reassessed the abolition of fees in law proceedings. Fur-
ther, they impress an opinion that " fete ought not to be
imposed loss the slits ler purposes of ." It seems
that a geed deal d Weiss is transacted at the Judges'
Chambers, in &trjeante-ban. Bach chief judge has three
clerks, and each pima judge two. Much trueathiaction
hes beset cassias& es to the payment of fees at the eham-
les& The esmuslinranme aka s—" We are of opinion that
ewe disestisheisn r wen padded." It appears by the
report of the Hasa elOssesse is 1847, that to ens year
the moraines' Swam M the clerks at ehembnin and
ea *wait aimantesd . 4d. It also amen tart
in ISO the asks of the judge who stayed is town and
%s led &mhos drab, She circuit received no less than
=to de weeks. LPms sews observation the essestte,
ald "We think art the payment of Ihesegbi to
be eh/mother abolished ; that all oMmo of the east 'vibe
to be poid in like manner as the dim .11Vity
there as be no doubt that fees art to be Miami
upon the suitor for the purpose of meats"

Eab3 iintelitgence.

EQUITY COUR l'S.-YKSTF.RDAY.
_ 11,roits rule Lofto (11... c. I

DF.W C. CIARIE.7IIIPRISONMENT FOR CONTIMPT.

The motum made last Satunlay for the iliwharge of tho
defendant from a long itopri..onmeut, for disobeying an
order of the court, was at the hea-t of the paper for judg-
ment ; hut the Lord Chancellor said he wus not prepared
to diepose of it.
THB ATTORNEY-CZNBRAL V. THR BIRMINGHAM AND
ORFOND RAILWAY BOMPANT.—RIGHT OF THR PUBLIC
TO ENINALCZ AN ALT OF PAKLIAMF.NT.

This was an information filed by the Attorney-General,
at the relation of certain inhabitants of the district of
Stratferd•on•Avon, praying fur a declaration of the court
that the above company and others were bound to complete
and open for traffic a branch or diverging line front Till-
wood to Stratford, before they opened for traffic any part of
their main line from Birmingham to Rugby or Rugby to
Oxford; and also for an injunction to restrain the latter
opening. The defendants put in demurrers to the informa-
tion, and they were allowed by Vice• Chancellor Knight
Bruce. From that decision the relators appealed.
Mr. Bacon and Mr. Daniel were heard last Saturday for
the relators, and they contended that the Attorney-General
on behalf of the public, had a right to ask to enforce in this
court, :ind that the court had jurisdiction to enforce the
execution of a contract made by the defendants with the
public in the act of parliament for the construction of these
railways. They were preparing to open the main line as
a profitable undertaking and to abandon altogether the
branch line, because they considered it would not be so pro-
fitable. In obtaining the act of parliament the defendants
undertook to make the hitter line as well as the former, and
in all probability it was in consideration of making this
branch line that the legislature conceded the powers to
make the other. Any individual shareholder would be
entitled by filing a bill to obtain from the court the decla-
ration and injunction' prayed by the information, and
therefore the public aelarge, or such of the public as were
interested in the construction of this branch line, were
entitled to sonic relief.

Mr. Bethel! and Mr. Bolt now supported the Vice-
Chancellor's decision. The two branches of the prayer of
the information were inconsistent. And supposing the de-
claration asked was right, they submitted that a great
private and public injury would be done by granting tho
injunction to restrain the opening or completion of the
greater line. This was not the court to compel the doing
of an act of duty by a corporate body, as was required by the
prayer fur the declaration. The Court of queen's Bench
would, if the public or any persons had a right to call for
the doing of such act, grant a mandamus; but it was not
competent fur this court to order the doing of the act re-
quired. The interference of the Attorney-General in be-
half of the public iu this CWe was without precedent. Be-
sides, the time in the act of parliament to take the proper
proceedings to take land fur the branch railway would ex-
pire before the precepts could be served.
Mr. L. Russell, on the same side, was addressing the
court when it rose, and the further hearing was adjourned.

BICPOIII Tilt 31 or THIL 11,01.144,
DAVIS V. DAURETT.-PUIOLIITV or MORTGAGEES.

The questions in this case related to the priority of in-
cumbraucers un certain estates in Jamaica, belonging to a
family of the name of Barrett. It appeared that the estates,
ur some part of them were, in 1812, made subject to a set•
dement, on the marriage of Mr. Samuel Barrett, under
which the defendant, Samuel Goodin Barrett, the sun of
Samuel Barrett, was entitled to a charge un them for
20,0001. The estates were also subject to a charge for
6,0001., to the defendants, Clarke and Lamb, under a mod-
. ga.tc made in 1816 by Samuel Barrett; and Samuel Goodin
Barrett having become entitled to the reversion of the es-
tates under his father's will, subject to retain debts
and legacies charged by such will thereon, in 1811
entered into an arrangement with Clarke and Lamb under
which he became the purchaser of their debt fur 8,000/., for
which he gave them his bond, and it was alsu arranged
that their mortgage deed should remain in the hands of a
trustee as a collateral security fur the 8,0001. In 1/145 a
settlement was made on the marriage of Samuel Goodin
Barrett, in which he covenanted to settle his interest in the
estates for the benefit of his wife and children, but this
deed was not recorded in Jamaica according to the laws in
force in the island till 1846, and in 1842 S. G. Barrett

mortgaged his interest in the estates and in the 20,000/.
chargeu thereon to secure a debt of 7,000'. to the plaintiffs,
and the deed was immediately duly recorded in the island.
The plaintiff's, by virtue of their security, claimed a priority
over all other parties interested in the estate; but for
the defendants Clarke and Lamb it was contended
that the effect of their transaction with S. O.
Barrett was to prevent him front afterwards deal-
ing aid' the charge of 20,0001. to which he WWI entitled
under the settlement of 1812, in prejudiesi to their security
fur the 8,000/., which he agreed to give them for their
charge f0r6,00, and that the plaintiffs' debt ought therefore
to he postponed till the 8,0001. was paid. It was also urged that
when S. U. Barrett became owner of the reversion of the
estates under his father's will, the charge fur 20,0001. be-
came merged in it and extinguished. As against the par-
ties claiming under the settlement of 1835, it was contended
that the plaintiffs were entitled to priority, at their mort-
gage deed was recorded before that settlement. The pro-
perty had been originally of great value, but, like other
West India property, it hail become greatly depreciated.
Mr. Lloyd, Mr. Prior, and Mr. Mackeson were for the
plaintiffs ; Mr. It. Palmer and Mr. Burden for the de-
fendants Clarke and Lamb ; Mr. J. Bailey and Mr. Marrett
fur other parties.
The Muster of the Rolls reserved his judgment.
Banes Vics-Cii•scw.oa KINIOOT Ilst

Ex PAMIR JOHNAON. RR CROSIA-LIABILITY OF OFFICIAL

AssioNams.

Mr. Russell and Mr. ft afford supported a petition of
appeal from the decision of Mr. Commissioner Evans de-
dining to interfere with proceedings taken by the re-
spondents against the appellant, one of the official assignees
of the court, to enforce against the appellant the payment
of the costs of certain actions brought by the respondent
against the assignees of a bankrupt named Cross. Accord-
ing to the case made by the appellant, the messenger of
the Court of Bankruptcy had taken possession of certain
goods which were in the possession of the bankrupt at the
time of his bankruptcy. A petition was presented to annul
the tint, and, after certain actions had been brought fur the
purpose of trying its validity, an order was made staying all
further proceedings under it. Afterwards, in 1848, the
actions now in question were brought, one being an action
of ejectment, and the other an action of trover. In
both of these actions verdicts were given for the plaintiff,
but in the latter the amount of damages was left to be
ascertained by arbitration, and was ultimately assessed at
1,1731. The costa of the action of ejectment were taxed at
30.51. b.. ; those of the action of trover, at 2321. 165.; and
the costs of the award, at 149/. ls. 6d. The creditors'
assignee, having taken the benefit of the Insolvent Act, the
plaintiff in the action was about to enforce the payment of
the damages and costs against the official assignee. The
appeal had been heard on a former day, on which the re-
spondent did not appear ; and an order was made in favour
of the appellant, with leave for the respondent to apply for
a re-hearing, if he thought fit. tinder this reservation
the appeal now came on to be re-heard; and, in
support of the appellant's case, it was now argued that, as
an officer of the court, he was entitled to its protection
in the same we as eequestrators and receivers appointed
by the Court o, Chancery were protected by that court in
the discharge of the duties which it imposed upon them.
The 41st section of the Bankrupt Law Consolidation Act,
1849, was also referred to, and it was further insisted that
the present respondent had been so connected with the
former actions brought under the direction of the Vice-
Chancellor, as to have bound himself to submit entirely to
the jurisdiction in bankruptcy, and to preclude him from
prosecuting his present proceedings, against an officer of
the Court of Bankruptcy in a court of law. It was further
urged that it would be a very great hardship upon official
assignees if, while the bankrupt law excluded them from
any interference in the appointment of the solicitor to the
Hat, they were nevertheless left liable personally in respect
of proceedings over which they had no control.
The Vice-Chancellor said that among the continual
change. that had been made in the bankrupt laws it was
wonderful that no one had thought of introducing a simple
provision that actions should bo brought by or against the
creditors' assignees only. The public had just reason to
complain that the time of the court was taken up with such
a question as that now before it.
Mr. Craig and Mr. Reilly, for the respondent, said that
the validity of the fiat was not the point upon which the
actions turned. Tho plaintiff had recovered by title para-
mount and altogether independently of the validity or in-
vality of the fiat. The case was not like that of a receiver or
sequestrator executing duties entrusted to him, for in this
case the appellant was charged in respect of property which
did not belong to the alleged bankrupt. Moreover, the
question in those eases was one of jurisdiction only. The
Court of Chancery did not deprive a party, who had been
wronged by its officer, of redress; it only took upon itself
to assess the damage. The damage had already been ascer-
tained in the present case in such a way that the court
would probably not think it requisite to disturb it.
Mr. Russell replied.
The Vice-Chancellor said that it was not necessary to say
what he should have done with the case if it had been cer-
ftheacif
shown that if Cross bad been proved to have been well
o doeuvl
b.einesh
have
probable, ?al. a
in
de., that e
a by rho
r.
ankrupt. Fi nt
eonrti either
d different
not
been
Cross
made • bankrupt the result in either action would have
been in any respect materially different. The date then
of the evidence before the court obliged it to deal with the
ease on the supposition that the bankruptcy, or absence of
bankruptcy on the part of Mr. Cross, was an utterly im-
material ingredient. That being so. it was impossible for
the court to interfere. But his Honour said be wished the
counsel for the respondent would undertake not to issue
execution until a certain time, in order that the point might
be taken before the Lord Chancellor, es the question was
one of considerable importance.
Mr. Johnson then addressed the court in person, and
asked for time to confer with the other official assignees and
to consult the commissioner as to the expediency of carry-
ing the matter further.
Mr. Craig, for the respondent, gave the undertaking re-
quired by the court, and
His Honour said he would give every facility to enable
the appellant to obtain the declaim of the Lord Chancellor
at the earliest opportunity.

Biro's Loon ausworruiVics.CautvaLlos).
BEYROVIR V. LORD VILNON.—LiARCOIIIIT v. SRYSIOUR.—
CONTUSION OT KRAL ESTATI INTO PERSONALTY.
The first of these snits was instituted by the true
the will of William Earl Harcourt, for the pu '
ha several questions settled relating to the pro
Berl Harcourt. The second suit was instituted
three co-heireeses end next of kin of William Trevoer,
r.. -
V! 7

~.
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