The Express.
London, England, 1849-01-16 00:00:00

NAVAL

Marlon's " (2 Hare, 4611 " Easter sad Creditor Railway
Company • Boller " (It Jurist, 627), sad " Lord tr. Copper
Mimics' Company" (12 Jurist. 1,059).—Mr. Wigraaa and
Mr. Campbell, for the plaintiffs, contended that the audio
rinse cited did not govern the present caw, he they pomaded
Ltitakevand that moot ought to be b.d to &meeting of the
ers, whereas, in this case, '4 general meeting had
till retorted to, sad the object we.a to wend the &wen
from Wisp la emanated= of ttse resolution of the gown'
meeting.—The Vic•Vhamelict said that ha was not owe
whether. Independently of tl.ti recent authorities which had
helm refund to, he should •,,ot ham Wild the demount to be
sustainable. It was umr.oweary, however, to lay what he
should have dons in a diffm at mate of the authorities, ha-
mare it appeared to 'aim boonsistent with tits recent dad-
Woes to sustain th.: bill. The demurrers must be allowed ;
hut, his HOIMILP said, Ittihad rather not he asked to allow
the costs of both.—On Kr. Bacon and Mr. Speed declining
to prase thih point, the dantarras were allowed, with the
ousts et one only.

Tomixotrrn, JAW. 15.Lieasenuileation was received
=wlgey sy the Myer, hoes Leer% Meidne Wm that Sir Y. T.
Mt armed the pm ce leed et the Malesity.
WOOl.lllOll, UN. 16 —TM shimalsibli bays elm
war Miriam a the Pip tem aliathe 110111* isserly
lembed, the lemet mew am ibia le be aglid their*. Ms
Is M
arbaeng Nees the aslinsef emines et navai avetersalan,
isi be repaid by the reem—The bat sawed Nes
Ile MI be p sea seen the Ileyel Mesa ad
SO even thellalis. NI pm Wake et Nfe redl, re 'Mn eg
=lLtier ei sees the awls In sea
ilia yerceires gie semaien st Ms per Ms Ni.
drag *Meg taper heteleht Mee the Mt elm et the beans
aweweal Misesealent MK the& ether iseris Mrs --Tba
aina the Philarl. Me Ma as Ma
Ping esiewhe reply*. Tide Mars Mine Ina b is
am glee+M hs =rag MI hs Nara by new, sni to the Teen.
Ms It Mn her nrsesey le Me away may the who
of the pin* is Miables.—llha Benta, et. rat Is hi the imam
ttssia esdieselei • ame* Net. ler In Mr sesehisears. arm
bras am Ma mass new
as mew st.-v.. le she Is the Mee bra Ilse siedilar Mei
tra plesa with the view et rare Imisementelehresses
sa.e.„ Is In IN war NM Mr babes bar
beim hass est, sad she wit mks a theres*
May am her sr wad sires a MK was NM Is the Win to.
day palm is bee Mere M Olbesar. am she all be anploysi
as • terallringt, sa.siser wialt Is lase ths War I=sti
M isria.—A ware smew pardlietwe the
gl 1111 r, Ns hoe eset is the te, ag is tyre cm
them/ ilenma far Pallamalliall-11 at WI new
rekvamenwhis Imre nabs Ms, Its., gem the Wear end
tan IN me Ms gar vanowsi le the Pennant/My SI NUL
ant, the arlir, the tar ma, b rheum any inarnie sae
them

neftee Vlce-Cbsacellor Wlram.
LOILIAR O. CLANKS —Feaun ON fif AitITAL RIONT.—A
few taya befere the plaintiff's marine in 1827, the intended
wire transferred • sum of 2601. console, to which she was ea. t
titled, into the joint names of her father, broth and her-
self. After the marriage the dividends were paid to bee till
her death in 1844. The plaintiff having obtained lettere at
administration of her estate, filed his MI for a transfer of the
fund, on the ground that the transaction of 1827 had taken
place in eat" mplation of the marriage, and without the
plaintiff's privity or consent ; and that the transfer, there-
fore, was void as a fraud upon his yawl's! agile. The imr-
eiving trustees of the fund—nudely, the father and brother
of the lady, stated by their answer that at the time of invest
ing the stock, the settlor had made • parol declaration 01
trust in favaar of herself and her children ; and that the
trust had been acquiesced in by the huthAnd, who, shortly
after the marriage, had bum= aware ca tne fact of the
transfer, and of the payment of the dividends to the
wile. The ease was argued in Nock mar last.—His
Honour now delivered judgment, to the elect that no
fraud upon the marital right had, and r all the circum-
stances of the cue, been committed, and that the question,
therefore, which remained was whether a trust of the fund
had been deelark. in such a way as to admit of its execu-
tion 1 This que-ti= he would not take upon himself' to de-
cide, unless expressly desired so to do by all the parties to
the suit, but would send it to a court of law upon an issue.
The eau= was then ordered to stand over, to ascertain the
course at proceeding which the parties should elect to take

SPORTING.
TAM 6elALL'ls.—Mosromr.
CRINITZI Cur —36 .o 1 agst Cossack (t sod eft oft) ; 45
b 1 spt Omeldhos (5e to I t), 43 t.l apt Illre.'Llft (t), 45 ro rapt
Cbsadshar (t mien off ), e.l apt Irsalemem (t freely). 50 to 1
apt Bohr (t freely), 50 to I apt Peep o' Day Boy (t to 104.). tob:0
ce:=l:hiegl=ll bid). Gweldiae. Kra Taft, Fogleman,
were Is rye bees; Ocumek was abo In
rens kwerri, bet the rad: pasted, white were labia to about eel.,
were allerwsells awed Is two es three lwerters.
WITROTOLICUI HANDICAP —2O to 1 agst Lugar (t 26
10 n,13 to I apt Canes (183 to H.
PIutTiIAICIPTOII6IIIII 81“111. —2O to 1 'gat War
Eatassr.-7 to 1 art Tassel. (t and aft off ). 30 to 1 art
(t), 110 to I .pt Nuemylitrk (t freely), 50 to 1 apt ad
Dest.rrw
ashsr (t ead eft ce , 4,000 to SO apt Lidos (t). Yuan; kits
sod flemegbow were both furor, sad at the odds quota' had more
Meade this the bye* could scolnamodata

taco Fifirlltgentr.

EQUITY COU/LTS.--YESTRADAY.
_ Before the Lord Chancellor.

COURT OF QUERN% BENClL—Yzarzarlim.
Sitting Is Bamboo.

__—
TEN QUIZ?' IL THI BRING! of EXSTRIL—BAPTISMAL
REGINHILATION.—The Attorney-General moved for a writ
to bs dimmed by the court to the Archbishop of Canterbury,
catlieg upon hies to inquire into the tut h of a certain pies
upon the vetoed in the ease. This wee a quay impedit by
the erown against the Bish -p of Exeter for refusing to induct
a gentleman, tared Gorham, into a living in the diocese of
the bishop. The bishop had pleaded that he had examined
Mr. Gorham, and that he "held, maintained and Ahmed
certain unsound doe rines and opinions, contrary to the true
Christian faith ; to wit, that spiritual regenerates was not
✓iven at confirmed by the sacrament of baptism. and that
infants wennot thereby regenerate, which unsound dowries
be, the seem Mr. Gorham, did hold and album." And be
the bishop went on to allege that by reason of the mainte-
nance of these doctrines he was unfit to be inducted into the
living, and the bishop had accordingly refused to induct
him. The replication affirmed that be was not unfit, and
did not maintain unsound doctrines. It WAS a question
to be tried by lord' spiritual, and it was cueto
miry for that court to direct a writ to the pri
mate to examine the clerk, and make his return to the
mart. If the clerk accused of unsound doctrines should be
dead, the question must be tried by a jury, but if alive. it
was to be decided by the metropolitan himself. This doc-
trine was laid down in " Rolls' Abridgment," title, " Trial
by Lords Spiritual," and in 6 " Coke's Reports," 117. The
only ether question was,_ whether it should be a rule abso-
lute, or to show cause. He did not me how it could be the
letter, because it was only upon their lordships' reading the
mord that the writ was to issue. In a etemewhat analogous
ems in the Common Pleas, where the motion was fer a writ to
the recorder of Ludo*, to entity a certain custom, the
eurt granted • writ to show cause.—Lord Denman: You
=
ad the other side won't object ?—The Attorney.
did not believe they would.—Lord Delman "hosed
the Olin should wait to see whether the bishop coincided in
the motion, and therefore they should take time to consider
whether it should be a rule absolute, or to show cause. A
session having arisen as to the form of the pleadings, Mr.
Jostles Coleridge said: I don't see that the archbishop is be
deaermine upon any doetrise —The Attorney-General : He
will have to examine the clerk, and return the result —Mr.
Justice Coleridge: Suppose he maintains one doctrine before
the archbishop and another before the bishop i He may
have altered his mind since his examination before the
bishop.—The Attorney General : Certainly not, because he
Is examined upon the transcript of the examination hs
lore the bishop.—Lord Denman: I think we had better
wait two or three days to hear whether tho bishop content.
—The Attorney General : Very well, my lord ; then if we
kw linking to the contrary by Wednesday, we may cassis
der [he rule to be absolute P—Lord Denman : Tee.
Tun OTRISIRIIA OF BIRMINGHAM O THE BIHMING.
HAM New LIDRART.—CAN PUBLIC LIIRAIUMB Be AR.
CM= TO THE POOR RATE P—Mr. M. D. MB, Q C.,
showed cause against • rule obtained by Mr. Miller, calling
on the propels orsof the Birmingham new library to show
why they should not be unmet to the poor rate. The qua-
ton was whether the institution in question came within
the 6 & 7 Vic., cap. 36, which provided that inritutions
should be exempted from the poor rates, which were sup-
pottedwholiy or in part by annual voluntary contributes'
is learned friend bad contended that the Birmingham
new library was not so supported by "voluntary con-
tributions," and secondly, that at all events, even if the
institution was supported by voluntary contributions, the
balding had been rated by the °veneers, and the only mode
in which the rate could be got rid of was by an appeal to the
Quarter Sessions, which anµ al bad not been made. The
learned gentleman said the annual subscription was two
guineas, and argued that it must be mien to be
" voluntary," there being no means to enforce it, and that
the matter properly came within the jurisdiction of their
lordships.—Mr. Mellor followed on the same side.—Mr.
Miller supported the rule, and contended that "voluntary
coutrihutions " meant that they must be gratuitously given
to the institution from motives of charity arid benevolence,
no p. soul benefit being derived by the party bestowing the
gift.—The learned gentleman urged, on the authority of seve-
ral cases, that the proprietors of ill institution should have
appealed against the rate to the Court of Queerer Sessions.
Then were several institutions is Birmingham of • similar
character, and it was therefore desirable to have the question
settled; first, as to their liability to he rated at all, and
s condly, whether they must go to the Quarter Sessions or to
the Court of Queen's Bench.—The court deferred its judg
sent.
°AUGHT O. EDIALL.—CaIm. CON.-111% Hawkins moved
for a role to show cause why there should not be a new
trial in this came, which has been twiee tried, and the facts
of which are well known to the public, on the ground that
the-verdiet was sgeinst the evidence, and also that the
plaintiff had been taken by surprise by certain testimony
given on the trial, when it will be recollected a verdct was
found for the defendant —Lord Denman said be kit very
strongly on the subject of the action. The defendant's case
wee opened with great so enmity, feeling, and eloquent. by
Serj Slue, and it was stated by him that the plaintiff's wife
had been ill-treated by him: hut there was not an iota of proof
of any one thing reflecting on the cheracte r of the plaintiff.
He oleo thought that a letter which had been proAuced
showed great intimacy between the partite. He should like
to talk the matter over with his learned brothers in trder
that they might see whether, under the circumstances of the
case, they ought not to grant a new trial.

STIWART O FOI7IIIIII7—DICRIS BY CONSENT NOT AP-
PIALABLIL—To a petition of re-hearing and appeal againat
a decree pronouneed in this cause by the Vice-Como-110r of
B. gland, a preliminary objection was taken that the de-
ar• was pronounced by his Honour with the consent of all
parties; the appellant's counsel submitting to take his
Honour's opinion instead of an issue at law, which his Ho-
nour had offered in order to ascertain foes in (depute be
tertenthe parties.—Mr. J. Parker, Mr. Reit, and Mr. A
Smith were heard on Saturday in answer to the objection
and in support of their right to appeal. They e intended
generally that every decree of the interior branches of the
oh:rt arca subject to appeal to this eoutt, and that there was
nothing in this case to except it from the general rule. The
mount to take the Vict-Ciiancellor's judgment and nut take
an issue did not bind the party disaatistitd with the judg
went from appealing against it, and the coun-
sel givirg the consent never suppesid it could be taken
to have that t ffect.—The Lord Chancellor, as the cruse was
called on, and Mr. Bethell was rising to support hi,
preliminary objection, said it appeared to him that the
~ecre• .was properly drawn up embodying the thus, at of
counsel declining an tone. The Vice-Chancellor wits of
opinion that the ease could not be disposed of without the
verdict of a jury, whereupon the counsel of the partite de-
I.berately consented to his Honour taking upon himself the
duty which would fall on • jury. T. • order was that the
weasel coon nting that the-Vice-Chancelior should dispose
of the CUP, &c., his Honour decrehd, Sc. But it was now
said by the appealing party that they never intended their
consent :to bind them to that extent. But the consent
as stated in the order expressed the intim:lda, and the de- '
ere. made was the cons quince of their own act. Being
offered an issue, they declined it then, and now come to ask
is here. 8u much of the petition of appeal as applied to the
Vice.Chaneellor's decision on the matter of en issue to ajury
mow be di-missed, with theta; but the other part of the
petition of re hearing was not affected by that ; and if the
Partite desired to have a re-hearing of that part, and were of
opinion that be (the Lord Chancellor) could dispose of the
cause without the verdict of a jury, they were entitled to it,
and might go on.—The learned counsel said they would con-
eider the matter, and asked that the matter might be allowed
to stand over, to which the conned for the resposadenta
arsented.
TYa ATTONNIT-GENERAL O. WILSON AND OTHBIN
CIIALITY.—TEns was an appeal from a decree prOk °wooed
by the VieeChanedler in June last, upon a supplemental
informal° in this cause, now eighteen years in litigation—
declaring that only Littlish protestant orthodox dissenters
from the church of Eng:and, exclusive not onlh of units-
risme, but also of presbyterians of the church of 'outland,
wnwher of the kirk or of the wooden class, were entitled
to Aare in the administration or in the benefits of Lady
Howley's charity, founded by her deeds of gilt in 170 d and
1707. The srpuments are likely to meow two days more.
When concluded a report will be given.

COURT OF °AMMON PLEAt3.—TIIITHine.7.
&Map la Bum
The time of the court was taken up, until four o'clock in
the afternoon, I. bearing two motions for new trials ; but as
no determination woe coma to in either instance as to wha.
Cher cc not a rale nisi should be granted, it would be psi ma.
fare at present to saention either cam in detail. Afterwards
some short notions care heard, until the rising of the court,
but they petwented no future of public interest.

Bram VioenChanct4lor Kai& Brom.
ThTTS v. NOUVOLIC RAILWAY COMPANY.—DENVIREIL
pleintiff sued on behalf of himself and all other holders
of new 201. shares is the Norcolk Railway Company, except
even, who were defendants. According to the statement.
et tae bill there was in February, 1847 due from the seem-
piny on Neer% epee and bonds, 197.0001 , made up of yarn as
stars Accessing( due at different periods: 25.0001. io 1848;
20E 52, 001 and 0001. in 1850 ; 70,0001. in 1851; and 30,0001.
also in 1851. At a • all yearly meeting of prepri.thr., ou the
23rd et February, 1847, he report was read, proposing te
wk omen for the creation of stock to meet the lode i.ebt
of the company rit b came du, mod be that purples to
r.dos ea additional capital of 197,0001. in 201. shares, on
which a deposit of 51 we. to be r9uireel, and the remainder
was to iss ailed up at ds,ensd periods, m the mortgage debt
became payable. The needs' thersapoa resolved that an
additional capital of 197,0001. should be raised under U.
powers of the company's acts. The oempanir had entered
iota an agreement with the Eastern Counties Railway Com-
pany to lease their line to the latter comp my, which had
taken upon legal the payment of interest on the bur-
rowed capital; the deb,s sad liabilities d the former
tympany berg agar to be nil wader the direction
of a ettauairea, sided by the Balm Orrin Railway
Creamy, who were to have a lin ea the proper/ of the
Other •81111/1/1, for their &drawn. lb. bill essplared that
the diseases Mended toemall= resey raised by the Ira
shares to ode r purposes theta third by the sassiation,
and that a seer d sell hid hoes meth, whisk wes not re-
quired for their poor of the Nasiellee, mai that the tarry
raised by dm Ira tall hid set all bra wird kr thaw par.
pare. The pest vat, hit a decimal'— that ass rialleace
wee Mafia/Iva this eiwapray, sod for ea Worths restrain-
dos m saftwes pay-
ola of the ism eall. fa the thane Warr
as the thalami kw sarpsyriat tha
sad Mr the espial is the heads of the repay
otherwise artaikai to the mohair. Aromas
of the rraipla of the athiparay, or aososat of the ea sad
of lb est of the ieerat of the RebiltSsialass.
plaid tb• nesiedea. with rite pert Ma
sad tie direr on damned espearly the bill.-41=
and Nthlpoie la wren lithe demo r, ailed "Yea v.

THE EXPRESS, TUESDAY EVENING; JANUARY 18, 1849.