The Express.
London, England, 1847-04-27 00:00:00

CLERICAL

Ton Bilinear or Oxman hoe I7eeir making considerable additions to
the et-iscepal sesidence et Cudelooden, including dormitories for the
clergy (whom hi. lordship, it in understood, professes to entertain
with something like ancient hoapitality), end a private chapel for do-
mestic um. Um window. of this lance building are to be filled with
stained gius ; the glass for one of which has been presented by her
Majesty, sad for another by his grace the primate.
Botainnec.—Two or three meetings hare been held In Berkshire
on behalf of the .theme lately propounaed by the bishop of this diocese
far the building and repair of churches, and for the extension of
parochial education.
Pammumers.—llm. T. P. Dale, M.A., meat curate of Camden
chapel, Camberwell, to PA. Vedmt it.. Foster-lane, °Natalie, with St.
jetteeii.te,..Querne it annexed, value 7101. ; pats., Dean and Chapter
of St. Paul's ; 'awn by the death of the Rev. T. T. Wainisley, D.D.
The new incumbent In WI of the Rev. T. Dale, M.A., Canon Residen.
nary of St. Paul's and Vicar of St. Pancras. Bev. C.C. Douton, to
St. Benedict P. C.. Lincoln, who nel.; pat, Rev. J. If. B. Mountain,
Prebendary of Kelsey.

SPORTING.
TAITERSALIS.—Yeereassr.
Not s bet laid, the subscribers having left far Chester.
CHESTER RACES.

C• 11714 SUN DAT NI 4111-7-7;;: FOW;;1111, u • complete list of the
arrivals up to the present time: —Mendieant, llourton_ Mickey Free,
Camera Obacura, Freon, Mist Burn*, Abdiel, Kismet, Vanidi. Erin.
'refinish, The Stinger, Sir Martin, Jolly Beggar, Master Downes,
Dulcet, Farthing Candle, St. Lawrence, Pantiles, Morocco, Dipthong,
Mermaid, Glen sarldel, Emerald late, The lamb, Beverlac, FFrrinev
Alice, Curb Chain,Queen of Tyne, Banana, Clermont, Nawortb, Buck-
stone, Patriot, Tom Tough, Rowland, Moonlight, Miles's Boy; Bruce,
Paiglaque, and ThsOar.
Espectrd To-sorrow: —St. Leon, Sagacity, Cheapalde Bannock-
burn, lady Lurcerell, Susannah, Enchantress, Sir 'ration Sykes,
Regalia, Inheritress, Pain, Annandale, Newsourt, lady Wilda'',
Lord Sahara, (Brehm, Pal, Plaudit, Woodpecker. Clumsy, Jenny
Wien, Cherry, Entignint, Sylvan., Headman, So-Nice, Agnes, Fair
Rosamond, Pic Nie, Wolftlog, Watchdog, Inhume, Golden Bee, Spit-
heed, Elisabeth, Godfrey, Sbarston, lloolon, Osprey, Nerissa, The
Swallow Deloraine, Olarlow, Claribel, Foreclosine, Free Lance,
*Blame: Trojan, June, Brown Fly, Yellow Role, Smuggler
Mawkatocia, Congress, Arseline filly, ch e by Tory Boy out of
01s, and Tommy Moore, Arthur.
Mail of Lyme is scratched. Ilydrrab bad an accident at boas* a
hw days ago, sod was destroyed. No betting.

Eatu Entelligence.
EQUITY COURTS.
Before the Master of the hoHa.
ATTORNEY-GENERAL P. WIMBORNE SCHOOL —JEWS-
DICTION OP ECCLESIASTICAL COMMISSIONERS oval Pao-
PERM' BELONGING TO WIMBOUNI SCHOOL. APPLICABLE
TO CHURCH PURPOSES.—In this case there had been a re-
ference to the master to approve of a scheme for the appro-
priation of the funds belonging to the Wimbome grammar-
Khoo), part of which were, under the original foundation,
applicable for the cure of souls in Wimborne parish. The
ecclesiastical commissioners, who were not parties to the suit,
presented a petition for liberty to go before the master to as-
certain what portion of the funds were so applicable : end
they claimed a right to do so at the cost of the charity, under
the set 3 and 4 Vict., c. 113. This was resisted by the At-
torney. General. The petition was heard daring the sittings
before Easter ; and the Master of the Rolls now gave judg-
ment upon it. He observed, that the ecclesiastical com-
missioners bad doubtless very important political and eccle-
siastical duties to perform ; but in the present case they had
not vested in them any such trust as could be ri cognised by
this court. It was very desirable that the attorney-general
should have their assistance ; but if they granted It, they
must not burden the charity with their expenses. If they
thought tit, they might accept the offer that bad been made
to them and come in before the master, paying their own ex-
penses. If they refused such offer, the petition must be dis-
=lased, with coats.

COURT OF QUEEN'S BENCH.
WOOLltEkt V. TOBT.—LIABILITY TO PAT DIPOBITS or
ALLOTIZIA OF SHARE IN DEFUNCT UNDERTAKINGS.—
The defendant had applied to the provisional committee of
management of the Direct Exeter, Plymouth, and Devon-
port Railway Company, for shares in that undertaking.
The committee allotted forty shares to him ; but the project
failed, and was ultimately abandoned. The plaintiffs, who
composed the committee of management, then sued the de-
fendant for the deposit, which in his application he bud under-
taken to pay in the event of allotment, their object being to re-
cover his proportion of the expenses. The trial took place at
Exeter in the month of March, 1846, and a verdict was given
in favour of the plaintiffs, with damages 1051. Subsequently,
and in pursuance of leave granted, a rule nisi for a nonsuit
was obtained upon the following grounds :—First, that the
committee of management could not sue because the con-
tract had been made with them on behalf of the provisional
committee generally, which latter only was entitled to see.
Secondly, that the parties to the undertaking at the time of
the defendant's offer to take shares were not the same per-
sons as those at the time the allotment of shams was made ;
for that the defendant had offered to take shores from one
set of provisional directors, whilst the allotment took place
when there was another set of persons invested with the
management. Thirdly, that they had allotted but 36,009
shares, whereas, by the prospectus it sees stipulated that
their capital was to be raised by the issue of 40,600 shares,
and the defendant's offer was to take 50 shares out
of the 40,000 to be created. Fourthly, that in point of
fact the scheme bad been abandoned, and that without
going before parliament. Fifthly, there was a variance be-
tween the oontrect as stated, and the contract really proved.
The actual consideration was, that there should be 40,000
shares issued, and that the company should go to parliament
for their bill. This should have been alleged in the declara-
tion, and the contract set out correctly. Further, the decla-
ration set out an absolute promise to pay on December 20,
whereas the application was in these terms "That the de.
(student would accept a certain number of shares, and would
pay the deposit on them when required so to do," which
meant that he should be revered so to do within a reasona-
ble time. Sixthly, admitting that the plaintiffs bad a title to
recover anything at all, the verdict was excessive, being for
the whole deposit, 1051., whereas the plaintiffs' estimate of
damage was only to the extent of 61., namely, 3s. per share.
Seventhly, the learned judge misdirected the jury upon the
only question left to them. October 13th was the day of
application for shares the allotment did not take place till
December 16 following. Upon October 13, there had
been a resolution come to, by which the directors
were to be at liberty to absorb all the shares
themselves. On December 1, in consequence of some
alarm or panic, a resolution was passed not to incur farther
expense in the engineering department of the undertaking ;
but, on the 15th of December they allotted the shares. On
the 17th they proceeded to take the opinion of counsel as to
the liability of the allottees. The learned judge (Mr. Baron
Rolfe) had told the jury that he did not see that two months
was an unreasonable time to occupy in allotting 40,000
shares. But the question he should have submitted was,
whether, under all the circumstances of the project, it was
proper and reasonable to have allotted all the shares on the
15th of December. If, however, the direction was right,
then the facts showed that the verdict was not supported by
the evidence; and if so, there ought to be a new trial. The
rule also called on the plaintiffs to show cause why the judg-
ment should not be arrested, upon the ground that the de-
claration contained no averment that the provisional direc-
tors had allotted the 40,000 shares.
Mr Crowder, Q.C., and Mr. Greenwood now showed mute
and contended, first, that as the defendant had contracted with
the committee of management, it was not competent to him
to object that others and not they ought to sue him ; secondly,
that the allotment of 40,000 shares was no part of the con-
sideration, and that If it had been, an allotment of 36,000
shares out of 40,000 was a sufficient performance ; thirdly,
that the several questions sugted by the alleged failure of
consideration did not arise, because the liability of the de-
fendant was for a breach of contract, effected by non-per-
formance of his promise before or on the 20th of December,
and therefore unaffected by any subsequent occurrences ,•
fourthly, that the variance between the contract stated and
that proved was not material ; fifthly, that the defendant
ought not to be permitted to avail himself of the omission to
do acts which could not be done without the payment of '
funds, to the withholding of which he was a patty; sixthly,
that prima facie the damages were the sum which ought to
have been paid; seventhly, that there had been no mis-
direction in fact, because the learned judge had not pro-
nounced any opinion as to what was in kw a reasonable
time for allotting shame, and as the question was entirely
one for the jury, the verdict could not be held to be against
the evidence ; finally, they contended that judgment ought
net to be arrested, because as the allotment of 40,000 shares
was not a condition precedent of the 'defendant's duty to
perform his promise, it need not be averred.—Mr. Serpent
Kinglike and Mr. Montague Smith were heard in support
of the rule.—The court postponed its decision.

COURT OF EXCHEQUER.
Sittings In Banco.
SWIM e. 13 rm.—LIABILITY or RAILWAY CO/MIAO-
ToBB.—Thia was an action brought against the ccntractor
of the Chester and Holyhead Railway to recover compensa-
tion for damaging the plaintiff's lands by so constructing
certain embankment, that a number of drains became
choked, and several acm of oats and turnips overdooded
and rendered worthlue. At the trial, borers Mr. Justice
Colima, at the late mixes for Flintsbire, it was contended
that the company, who were rendered responaible by the
special act incorporating them, and by the other acts regu-
lating railways, should have been sued, and that the defen-
dant was entitled to a nonsuit. A verdict having been
taken for the plaintiff for 701.—Mr. Yardley moved yester-
day, by leave of the learned judge, for a rule, calling on the
plaintiff to show cause why that verdict should not be set
aside and a nonsuit entered, but, the court thought the ver-
dict ought not to be disturbed, and refused the rule.
W•KLET, M.P., r. COOKE AND HEALEY.—LIDEL.—
This was an action brought by the Coroner of Middlesex for
a libel published in The Medical Times, a weekly publics-
' non, of which the defendanm are the registered proprietors.
It appeared an action similar to the present was brought in
18 td by the plaintiff, who recovered a verdict against the
detenflanW for 1601. damages. The libel which formed the
subject of this actioa arose out of thahrial and consisted of

certain editorial articlea and comments reflecting upon Mr.
Wakley's character. The Lord Chit f Baron, before whom I
the ease was tried during the last Middlcsax tatting', left it to
the jury to say. whether the articles complaimed of did not
exceed the fair limits of criticism. The jury having
found a verdict for the plaintiff with 1761. damages.
—Mr. Cockburn, Q.C. (with whom was Mr. Lush)
moved yesterday for a rule calling on the plaintiff
to show MUNI why that verdict should not be set aside, and
a new trial had, upon the groom' of misdirection. The libel
contained an allusion to a transaction betwesn Mr. Wakley
and an insurance company ; but the terms used were such,
that it was difficult for any one oat aware of the eircum•
stances connected with that affair to comprehend. The
plaintiff did not by inuendo put a meaning upon it, nor did
he rely at the trial on this particular passage in the libellous
article, as a ground of damages. The misdirection complained
of was, that the Lord Chief Baron told the jury it was highly
improper in the defendants to refer to that which was a
matter of history, end which all understood ; and it wan
submitted that his lordship's observation had had the effect
of increasing the damages.—A rule to show cause was

COURT OF BANKRUPTCY.
Mors Mr. Commieshoer Shepherd.
Toe TitiYo, READING, AND BASINGSTOKr. RAILWAY
COMPANY.—In this case, which has been frequently before the
public, the court was called upon to give judgment with respect
to certain charges in the proof tendered by • traffic taker, and
the question raised was, as to whether he was entitled to
three guineas a-day for making up the traffic table., eic.,
and furnishing and preparing his report, it being admitted
that he was to receive that sum for taking traffic. Mr. Law-
rence, for the creditors, now referred to the case of a commis-
sioner going into the country, which was often the case, to
make a report to the Home-office (as we understood), and
there he was allowed five guineas a-day, but not whilst pre
paring the report. Whatever decision kis Honour might
give, he (Mr. Lowrance) would bow to, but he thought that
the proof ought not to be admitted for the full amount. Mr.
Commissioner Shepherd expressed his opinion that the proof
should be admitted for the full amount claimed, allowing
three guineas a-day for the traffic taking, and the time occu-
pied in preparing the report —Proof admitted for the full
amount.