The Express.
London, England, 1846-12-09 00:00:00

THE EXPRESS, WEDNESDAY EVENING, DECEMBER 9, 1846.

limited in their notices to particular subjects, or were mere
compilations of what had been published before them,
" there being," as the author in his preface truly sin " no
general treatise in the English language for the guidance of
the amateur in these pursuits." Its further states that " the
greatest difficulty he has encountered in his task has been
that of selection and arrangement, so as to produce from
materials so numerous and dissimilar a work of general refer-
' ence and practical instruction at once sufficiently copious
and accessible." We have no hesitation in saying that what-
ever might be his difficulty, he has overcome it most com-
pletely, for the work is in every respect " a work of gene-
ral reference and practical instruction at once copious
and accessible." The most orderly arrangement per-
vades the whole work, a comprehensiveness which
gives the natural history of the materials operated upon, and
a scrutinising detail of what is going on when the material
is under operation. An extensive acquaintance with en-
gineers, manufacturers, and amateurs, has enabled the au-
thor to add valuable communications to his own large
stock of knowledge. Thus the botanical account of upwards
of one hundred varieties of woods used in the arts, has
passed under the review of Dr. Itoyle, the professor of Ma-
teria Medics. in King's College, who has enriched the account
with many additions. Professor Willis, of Cambridge ; Sir
J. Robinson, and C. Babbege, Esq., amateur engineers; and
J. Naysmith and R. Prosser, manufacturing engineers; and
many others ; have contributed short but valuable papers to
this useful work, which is at once thoroughly practical, and
thoroughly philosophical. The author has described hies
method of cutting the models illustrative of Crystallography,
and which may easily be accomplished by the amateur.
And here " Professor Willis has examined the details mathe-
matically, and furnished the corrected angles that are glean."
Not the least valuable portion of the work is that relative to
*crews, a small but most important subject. The work,
taken complete, will form a complete encyclopaedia of me-
chanical manipulation.

Ut Bram.
HAYMARRET.—SUDDEN ILLNESS OF MR. FARREN.
—We are grieved to say that Mr. W. Farren, while on
the stage last evening, was seized with so severe an illness
that he was disabled from going on with his part. The
comedy of " Secrets Worth Knowing," in which he per-
formed the character of Nicholas Rue with his usual ex-
cellence, and without any apparent weakness, was followed
by a farce, produced for the first time, called " Story-telling,
or Novel Effects," in which he had the principal part. Oa
his appearance he evidently seemed fatigued with his previ-
ous efforts, but not to a degree which threatened any in-
capacity to proceed. But when he came on for the second
time, it appeared at once that he was is a state of great
suffering, and was struggling painfully to sustain his share
of the dialogue. At length he came forward, and, address-
ing the audience, said that a severe indisposition with which
he had: been seized rendered it impossible for him
to do justice to the author of the piece, which,
however, he hoped to be able to do another evening ;
and, in the meantime, he begged the audience to allow the
curtain to drop. Having said this with evident pain and
difficulty, ha sank exhausted on a chair, and the curtain fell
amid strong expressions of sympathy from the audience
We earnestly hope that th's distressing attack will not be
attended with any serious consequences. Of course it was
impossible to form any opinion of a piece thus interrupted;
but its beginning was lively, and Mrs. Humby, in in in-
triguing soubrette, was not unworthy of a comparison with
Mademoiselle Brolian.

UNIVERSITY AND CLERICAL.
Usrezasm or Los rios.—Badisfor of Medicior.—tiroand Renomi-
nation, 1846.—Evosinalion for Hasorra—Physiology and Coin-
paratioe Analonsy.—C. Elam (Scholarship and Gold Medal), Leeds
Sch. of Med.; J. C. Day (Goli Medal), London Hoop.; T. J. Start
ani T. Hawks's'', King's Coll.; J. C. Romp's, Univ. Coll. Surgery.—
C. Elam (Scholarship and Gold Medal), Leeds Sch. of Med. ; J. C.
Day (Gold Medal), London Hosp. Medicine.—C. Elam (Gold Me I al),
Leeds Sch. of Med. ; IL F. A. Goodridge, Univ. Coil.; J. C. Da., Lon-
don Hosp.; J. C. Bompas, Univ. Coll. Midicifery.—C. Elam, Leeds
Sch. of Mod. Struchiral and Physiological Butany.—J. C. Day,
London Hosp.

Toe VICA.R Or Criamss, the Rev. Sir C. Bisshopp, Bart., has re.
signed ids living at Plymouth, and ban nominated the Rev. B. A.
Greaves, Incumbent of St. George's Chapel, Stonehouse, as his
successor. The cause which has induced the rev. gentleman to va-
cate his church is said to be the serious and continued indiapositiou
of Cady Bisshopp who is compelled to reside in a southern climate.
Pacrrnmesys.—Rev. W. Boyle, to Kilmeagan C., Ireland. Rev.
W. Disrbv, to Clongish R., w. Clongiah-Killoe V., dio. Kihnore.
Rev. B. 6. Gough, to Dunboe, and to the Archdouconry of Derry.
Bev. A. Hudson, to Killashee. Rev. E. K. Luscombe, ,n a minor
canonry in the Cathedral Church of Gloucester. Rev. T. O. Moore,
to Clonbrony V., dio., Kliniore. Rev.. S. Parsons, to luvan C., dio.,
Meath.
VAcswerra.—Castlerickard R., dio. Meath ; patron, the BiolloP ; by
the death of the Rev. J. Lawlor. Drumconrath C. ;by promotion of
the Rev. S. Parsons. Durrow, P.C„ dio. Meath ; patron, Countess of
Norbury; by resignation of the Rev. P. Toler. Faughancalr, P.C. •
by the promotion of the Rev. B. B. Gough. Lelcest.r, S. Margaret,
ie. Knighton C., dio. Peterborough ; 440".• patron, Hinkel, of Peter-
borough ; by the death of the Rev. A. Irvine.

NAVAL.
POILTAVOrTO, Dsc. B.—The Neptune, 120, is to be brought forward.
She is to be commissioned by hir J. Sttrttng.—The Naiad, 42, coal
depot, will be ready in about three weeks, supplying an opportunity
of communicating with Volpe/aka and other ports on the Pacific.
The Matins, 12, Commander Tryon, is detained for disnatchee. Her
destination will be the Brazils.—The *ace and Edinburgh, steam-
block ships, have a great number of hands employed upon them, it
being the wish of the government that they should be immediately
ready for service.
Roost. MANN!: Conn.—By Ms death of Col. Braila the vacant
oolonelship will fall on Major Whylock, an old and deserving ofiloer.
There are upwards of 1,200 meu fit for the defensive regiment that
is to be formed in this dockyard.
Tux ORECIMC—Notice Is given, in last night's Ges,tte, to the
officers and company of her Majesty's sloop Grecian, W. Smyth, Esq.,
commander, that an account of the refunded expenses incurred in
prosecuting the Ilamburghese barque Lanier, seined on the 25th Feb.,
IR4I, and restored at Cuxhaven, onginally deducted from the proceeds
of the Sandadc, seized on the 12th Feb , 841, will be deposited in Cie
Registry of the High Court of Admiralty, on the Sth inst., agreeably
to Act of Parliament.—T. Stilwell and Sons, agents, 22, Arundel-

street, Birand.-- -
A Mitarroators CHEW.—We are informed that the Tyne, Captain
Glascock, now about to return to England, and be paid off, hasnotbeen
disgraced by a black list, and has nut had one seaman put in irons
during the four years the has been in commission. Nevertheless; the
strictest discipline has been maintained, to the satisfaction of the
commander, the great benefit of her Majesty's service, and the com-
fort of all the officers and crew.
PROTKCTION sus THE DOCIL.VAIDR.-7'he rumour we mentioned •
few days ago that it was the intention of the Admiralty to form the
able-bodied men of the dockyards into regiments, for the defence of
those establishments, • case of necessity, is confirmed. Orders have
been Issued to the several captains superintendents, to consult with
the superior officers of the yoga, in order to devise means most effec-
tually to carry this intention into effect.

SPORTING.
NEWMARKET CHAMPION COURSING MEETING,
TURIDAT, Dex. 6.
ALL•AORD Stamm Mr. Neah's Cloak beat Mr. Dobedes'a
Dunkirk; Mr. Miller's Mischief beat Mr. King's limb-Lel ; Mr. Fos-
ter's Highland Lassie beat Lord Stradbroke's Mane ; Mr. Fyson's
Figaro best Mr. Mare's Minus; Mr. R. Bagge's Fortune Teller beat
Captain Wyndham's Wildfire ; Mr. Miller's Magic beat Mr. Arabin's
All's Luck; Mr. Inskip's Probity beat Mr. Anstrutber's Castoff ; Mr.
Foster's Lucy Bertram beet Mr. Vipan's Vanguard; Mr. Inskip's
Jericho beat Mr. Arabin's Firefly ; Mr. Beenet's Wish-you-may-get-it
beat Mr. Nash's Swallow ; Mr. B. Smyth's Spinster beat Mr. Finch's
Brighton ; Mr. Squire's Omen beat Mr. Finch's Planet; Lord Strad-
broke's Mawworm beet Mr. I)obede's Dutchman; Mr. B. Smyth's
Silesia beat Mr. Gillett's Goldflnder ; Mr. Stradbroke's Miles brat Mr.
Inon'a Pencils; Mr. Anstruther's Former beat Mr. IL Bagge's
Theorist
Pr err Rracri.—Mr. R. Bagge's Twilight beat Mr. Mare's Bracelet;
Mr. Fysen's Farmer's Boy beat Mr. Miller's Magog; Mr. Rennet's
Whiskey beat Mr. Batchelor's Merlin ; Mr. Foster's Thorepway Lass
beat Mr. Moody's Rodney ; Mr. Dobade's Dais' beat Mr. Arabia's
Ales; Mr. Anstruther's Clementine brat Mr. hmyth's Kite; Mr.
Vipan's Vesta heat Mr. Gillett's Goody ; Mr. Buckworth's Buonapartc
beat Mr. Squire's Orange Flower.
A splendid day, fine trials, and satisfactory decisions.
Fuca-Race rost .ClOO.—Yesterday, the walking-match between
East, of London, and Powell, of Hampton (two well-known pedes-
trians), to contend over 16 miles of road. came off near the Dog and
Partridge, at Beetroot Powell took the lead, and performed nearly
/een mile in one hour, and ultimately won , he cove ring the I 6 miles
ofvs road In less than two hours and a bolt, at a fair toe and heel walk.

tats Entetttgentt.
LAW NOTICES.—nue DAT.
The Court of Chancery and Vice-Cbsncellors will sit at Lincoln's-
inn, at 10.
The Courts of Queen's Bench, Common Mess, and Exchequer, will
sit at Westminster, at 94, on Middlesex special and common jury
causes.

JUDICIAL COMMITTEE OF THE PRIVY
COUNCIL.—YEStERDAY.
Present: Lord Brougham, Lord Langdale, Mr. Baron Puke, Sir
Herbert Jenner Fust, Right Hun. Dr. Luahington, Bight lion. T.
Pembertnn Leigh.
F. H. DYKE, ESQ., HER MAJESTY'S PROCURATOR-
GENERAL, APPELLANT, O. T. WALP:RD, ESQ.,SOLI-
CMS FOR THE AFFAIRS OP HER MAJESTY'S DGCHT
OF LANCASTER, RESPONDENT.—This is a question be-
tween the Queen, as sovereign, and her Majesty in her
character of Duchess of Lancaster, whether she be en-
titled to the goods of a person dying intestate within the
county palatine, jura corona, or in right of the duchy.
The Queen's Advocate, the Solicitor-General, Mr. G.
Chilton, and Mr. Townshend, appeared for the crown; Mr.
. J. Parker, Mr. Ellis (Attorney-General), and Dr. Jenner,
for the duchy.
Lord Campbell, as Chancellor of the duchy, being about
to take his seat with counsel at the bar,
Lord Brouaham said: Being a privy councillor, you are
entitled to take your seat within the bar, as Mr. Sheridan
did.—Lord Campbell: I should be happy to do anything
that is agreeable to your lordship, but having a bias in this
case, I thought it would not become me to sit as a judge ;
therefore, according to the precedent of Lord Holt, I appear
at thebar. Your lordships may recollect there was a case tried
in the court of King's Bench, in which he was interes'ed;
and the report states that a chair was assigned to hint at the
bar ; and upon that chair he sat and instructed his counsel.
Lord Brougham : Do you claim a chair ?—Lord Campbell :
Yes, in respect of my office.
The Solieitor-General : The report says that Lord Holt
sat with his hat on. (A laugh.)
Lord Campbell: I do nut claim to be covered before your
lordships.
Lord Brougham : That is attending to both ends at once
—a chair and his hat. (Much laughter.)—Lord Campbell :
I believe I am right in point of law.
Lord Brougham: No doubt you have a right to a seat
among your counsel. I only wished to remind you what
your privilege is. Mr. Sheridan sat within the bar as a privy
councillor, not with his counsel, Mr. Charles Warren and I
being counsel against him ; and he exercised another pri-
vilege, which we should deny you if you claimed it. He got
up, as a privy councillor, and argued his own e,se ; and
abused us, the counsil, for about half an hour ; which you
probably, would omit. (A laugh.)
Lord Campbell : I hope I shall not abuse any privilege
your lord-hip may allow me. I think it more becoming to
waive my privilege as a privy. councillor, and to take my
scat at the bar, without prejudice to the right of my sue-
cessors in time to come to sit within the bar if they think fit.
Lord Brougham : Very well.

The Queen's Advocate then proceeded to address their
lordships, and was about to he followed by the Solicitor-
General, when that learned gentleman discovered that he
had left his papers at home, and their lordships, at his re-
quest, adjourned.
The ease states that Anne Rothwell Wignall, commonly
called Anne Rothwell, who died at Preston, in the county
palatine of Lancaster, on or about the 18th of December,
1840, under the age of 21 years, a spinster, and intestate,
was born illegitimate, and therefore left no heir or next of
kin. She left or was entitled to personal estate within the
county of the value of about 3,500,', which is claimed by her
Majesty, in right of her duchy of Lancaster. The rights of
her Majesty, jure Dumas, within the county palatine of
Lancaster, originated in the charter or letters patent bearing
date the 28th day of February, 1377, by which King Ed-
ward 111. created the county palatine, and granted to his
son John, Duke of Lancaster, in which is the following
clause:

That he for the whole of his life !where within the ecamty of Lan-
caster hie chancery and his writs to be ended under his seal, to be de-
puted for the office of the chancery, hie justices to hold as well pleas
of the crown as all other pleas whatsoever touching the common law
and the cognisance thereof, and all manner of execution to be made by
his writs and 'his ministers there, and all other liberties and Jura
regalia pertaining to a Cormt Palatine, as freely and entirely as the
Earl of Chester to well known to obtain within the same county of
Cheater, saving always the tenths, fifteenths, and other contributimm
and subsidies granted and hereafter to be granted to us and our heirs
by the commonalty of our realm, and the tenths and other contribu-
tsons (granted; and hereafter to be granted to us by the clergy of the
came our realm, or Imposed and to be imposed upon the same clergy
by the apostolic see, end the pardon of life and limbs in cue that any
person of the same county, or other person in the tame county, ought
for any delict to lose bin life or limb, and also the superiority and
power of correcting those things which shall have been erroneously
done there in the courts of our came eon, or If our same son or his
ministers shall have failed in doingjustice there, also in the courts of
the lame our son. _ _ _

These powers and exceptions were confirmed by another
charter dated the 16th of Feb., 1390, granted by Richard 11.,
with the assent of parliament, to the same John Duke of Lan-
caster. Both charters were set forth in the present proceed-
ings for the purpose of showing that the right of the crown,
whether by escheat or otherwise, to real or personal estate,
was not mentioned or included in the reservations therein
made in favour of the crown. Various historical facts were
quoted to prove that the duchy of Lancaster and its fran-
chises have descended to her present Majesty with the crown
of these realms, but separate therefrom, in as full and ample
a manner as the same were possessed by either of the kings of
England above mentioned. Notice of the deceased's death,
under the circumstances before stated, having been commu-
nicated to the Chancellor and Council of the duchy of Lan-
caster, her Majesty's warrant, bearing date the 28th day of
May, 1842, and countersigned by the Chancellor of the
duchy, was issued as usual in such cases, for obtaining a
grant of letters of administration of the intestate's estate to
the then solicitor for the affairs of the duchy, in order to the
collecting and receipt of the same for her Majesty's use. In
the mean time, however, under an assumption that the pro-
perty in question had fallen to her Majesty in the right of
her crown, a warrant, bearing date the 7th day of April,
1842, and countersigned by three of the Lords Commissioners
of her Majesty's Treasury, had issued for a grant of letters of
administration of the said intestate's estate to George Maule,
Esq., the solicitor fur the affairs of the Treasury, as nominee
of her Majesty, and for her use. Proceedings were accord-
incly taken, first in the Consistory Court of Chester, where,
on the 30th of November, 1811, the Chancellor of the dio-
cese, the Rev. H. Mikes, M.A. delivered a learned and
elaborate judgment in favour of the crown. From this there
was an appeal to the Chancery Court at York, which on the
21st of March, 1844, decided in favour of the duchy. From
the latter judgment the present appeal was brought.

EQUITY COURTS.
Before the Lord Chancellor.
STOCKEN v. DAWSON.—PARTNERSHIP ACCOUNT/.-111bl
was an appeal from an order of the Master of the Rolls, dis
allowing exceptions to the Master's report. John Stocken,
who had carried on the business of a brewer at Walborn-
green in partnership with his brother William, died in
1820, 'having by his will bequeathed his moiety of the brew-
ery to William (his brother and partner), Benjamin Daw-
son, and another person, in trust to apply the profits thereof
in support of the testator's son and daughter until they
should come of age, and then to divide the property, &c.,
between them, in equal shares. The will directed the testa-
tor's share in the brewery to be valued, and that William
might have the right to purchase it, on giving satisfactory
security for the payment of the price ; but, if he declined,
then the business was to be carried on as before. The
brewery was valued after the testator's death, and William,
as the ostensible purchaser, carried on the business up to
his death, in 1824. By his will he gave his son, Oliver
Stocken, his whole interest in the brewery, and appointed
him and Benjamin Dawson his executors. From that time
Oliver carried on the business for his own benefit. In 1827
the son of the testator, John, filed his bill against Oliver
Stocken and Benjamin Dawson, impeaching the alleged
valuation of the brewery to Witham, and praying for an
account of the profits since John's death. A decree was
made in that suit in 1830, and it was referred to the Master
to take the accounts, with just allowances to all parties. To
the Master's report under that decree the defendants took
exceptions, some of which were disallowed by the Master of
the Rolls ; hence this appeal.—Mr. Bethel, Mr. Rolt, and
Mr. Whitbread, were heard on a former day in support of
the appeal.—Mr. Tinney, with whom was Mr. A. Gordon,
was heard to-day in support of the order of the Master of
the )tolls.—Mr. Bethell proceeded to reply, but bad not
finished at the rising of the court at four o'clock.

Before Tioe.ChanCellor Knight Bruce.
'JAYNE o. H ow. —Rm HAY AY COMPANY.—INJUNCTTON.
Mr. Malins stated that in this cue, the facts of which ap-
rared in this paper of Saturday last, the parties had en-
tered into a compromise. lie therefore moved for leave to
dismiss his own bill with costs, which was granted.
FINCH V. SECKEU.—CONSTRUCTION or WILL.—LEGACY
TO EXECUTOR.—Mary Field by her will appointed John
Seeker and Robert Mason joint executors thereof, and gave
and bequeathed to them the sum of 1001. each, as an acknow-
ledgment of the trouble they would have in the execution of
the trusts thereof. By a codicil she revoked the appointment
of Mason, as arse of the trustees and executors of her will, and
also revoked and made void all and every the devises, be-
quests, and trusts, thereby given to and reposed in him
jointly with the said John Seeker, as the trustees and exe-
cutors of her said will, or otherwise howsoever. And in his
place the testatrix appointed James B. Bryan to be a trustee
and executor conjointly with the said Juhn Seeker ; and she
declared that all the devises, bequests, and trusts given to
and reposed in the said It. Mason, jointly with the said J.
Seeker, by her said will, should go to, devolve on, and be
vested in the said J. B. Bryan, his heirs, executors, and ad-
ministrators, in such and the same manner as if he the said J.
B. Bryan had been originally named in her said will as trustee
and executer thereof, instead of the said R. Niemen. The
question was, whether J. B. Bryan was entitled to the
legacy of 1001., which by the will hat been given to Robert
Mason
Mr. Cooper and Mr. Ball appeared for the plaintiffs, who
were devisees under the will.
Mr. Bacon, for the defendants, the executors, submitted
that the 1001. given to Mason by the will was given
purely for his trouble as executor. It was clearly the
intentioa of the testatrix, that the executors, whoever
they might be, were to have 1001. each as a remuneration
for conducting the executorship. Therefore as Mason VMS
no longer executor, and the legacy was revoked as to him,
the court would hold that it went to his substitute, Mr.

Bryan.
His Honour. The testatrix declares that the bequests
which are made to Mason jointly with Seeker, shall go to
Bryan, but she says nothing about the bequests that are
made to Mason separately. She bequeathed to her executors
the sum of 1001. each for their trouble.
Mr. Collyer and Mr. S:dney Smith having been heard on
the part of the other defendants,
His Honour, at the conclusion of the arguments, said, that
probably the gift of the 100/. to Bryan was what the testa-
trix would have willed if the point had been brought to her
attention, but that she had not willed it. That being so, he
was sorry to express his opinion to be, that Mr. Bryan was
not entitled to the legacy in questioa. It might, however,
be worth Mr. Bryan's while to make his claim for it in the
Master's office. The Master might come to E. different con-
clusion, and might induce his Honour to view the matter
differently at a future stage of the cause.

COURT OF QUEEN'S BENCH.
Non Pares.—Before Lord Denman and a Common Jury.
BERKELEY O. EAMONSON.—INKTRECTION IN TEE FINE
Attrs.—Mr. Crowder, Q. C., and Mr. Bramwell appeared
for the plaintiff in this case, who sought to recover the
amount of a promissory note for 1501. The defendant, who
was represented by Mr. Watson, Q.C., and Mr. Willmore,
pleaded that the note was obtained by fraud and covin.—
The substance of the evidence was this :—The defendant
was induced by advertisements which he had seen in the
newspapers to place his son with the plaintiff, for the purpose
of receiving instruction in painting, the plaintiff having
represented that he was the inventor of a new method of
painting, by following which a student would be enabled
to paint well in a much shorter time than by any other sys-
tem. As a voucher for the truth of this representation the
plaintiff stated that he had received as a reward for his inven-
tion two gold medals from the Edinburgh Society of Arts.
The arrangement agreed on was that the plaintiff should
receive 1501. for six months' tuition of the defendant's son,
who, at the expiration of that period, should be at liberty to
use the plaintiff's invention; that the plaintiff should
teach the youth to sketch views in the vicinity of
Exeter, where he lives ; and that he should give actual
instruction to the boy for one hour in each day. It appeared
also that the defendant had been induced to suppose that at
the end of the six months his son would be enabled to paint
saleable pictures, and himself instruct pupils so as to gain a
living, especially as the plaintiff had represented that he was
making from 1,8001. to 2,0001. per annum as an artist, and
had never communicated to any one else the invention on
which he relied. The note on which this action was brought
was given in payment of the sum of 1501., which was the
consideration for the plaintiff's agreement to teach. It
turned out that the invention was one for laying on dry
colours, over which varnish was afterwards la'd, and that
the Society at Edinburgh had rewarded this method, and
not the artistic skill of the plaintiff; that the medals were
silver, and not gold; and that but one was voted to him,
although in fact two were sent, because the plaintiff disliked
the inscription, "Teacher of drawing," on the first, and
paid for a second, with an inscr:ption that pleased him ; that
the boy was t .ught to colour, but not to draw or compote ;
and that on the whole he did not derive reasonable profit and
improvement from the instructions of the plaintiff, which hail
been occasionally interrupted. On the other hand, it was
shown that the defendant did not object to pay the promissory
note until he found the plaintiff unwilling to wait for pay-
ment, and that the discontent of the defendant and his son
with the progress made by that youth was suspiciously
coeval with an avowed inability to pay the note.--Lord
Denman having left it to the jury to say whether the evidence
did not show that misrepresentations had been made by the
plaintiff, especially concerning the medals, a verdict was
immediately returned for the defendant.