The Express.
London, England, 1851-05-01 00:00:00

THE EXPRESS, THURSDAY EYEAING, MAY 1, 1851.

UNIVERSITY AND CLERICAL.
Ozsoao, Amu. 30.—1 n adinireetiga base
ads atesin, balsa tlis Asa cloy Law Takthe
WWl* conferred, ris.:—Kardar Ma—
ierlrd= Maws Chaelaa N CaleSsiati
Nom Da Ingi/by, NUM ei Meggliala OLAW
Poßutor don, of lles Cap ; WM-
=bell JOGAI, 11/111111110•11 C~ I Joima 011iips Deem.
see\ ; Ker. Philip Alfred La Team, Vat=
Collarr ; Bey. William Chambers, Scholar of WIEMNOOF
0•1111111 ; (COO/ Phillips, New Inn Hall; Fro& Whih.
felor Bush, Magdalen Hall; Her. George Edmond Vol.
ter, St. Edmond Hall. Bachelor of Arts—Henry Halm
Derlabaw, and Warp William Gunning, of Brsionona
Camp.
-------

Rev. G. B. Corrie,ll767(l;et;; of Jews, College and
Vieo-Chancellor of Cambridge), to Newton rectory, Cam-
bridgeshire; value, 1,1351., and r. sidence ; patron, Bishop
Of My.
Roe. M. Harrison, to Loag Beaton curacy, Northum-
berland.

Moro and Rev. L. C. R. Irby, to Whistos rectory, with
Demos inctory, Northamptonshire ; value, 2881. ; patron,
Lord Boston.
Rev. J. Jones, to Llanarnson-yo-JUI vicarage, Denbigh-
gildrs ; valor, 282 t, and residence ; patron, Bishop of St.
Rev. J. Kirkham, to tlanbrynmair vicarage, Montgo-
meryshire ; value, 3301. and residence ; patron, Bishop of
Bt. Asaph.
Rev. J. Smith, to Rotherfield-Oreys rectory, Olforit.
attire ; value, 7141., and residence ; patrons, Trinity College,
Oxford.
_

lks J. P. Tibert, to Finstock and Ramaden curacy,
011brdshure.

Rev. N. Bayly, to St. Thomas's Chapel, Walcot, Bath;
patron, ltev. 8.11. Widdrington.
Rev. 0. Campbell, to the Evening Lectureship at St.
Mary, Redeliffe, Bristol.
Rev. IL tiriffyth (curate of Llanvain•Pnllgerynstyll), to
the Chaplaincy of Anglesey County Beaumaris.

Shefford, West, RetteryTie;Cs,7l;otase Oxford; value,
666 t., and residence; patrowi, Brascnose College, Oafunt ;
Rev. T. .tdaley, deceased.
Ken north Vicarage, liens, diocese Rochester; value,
HOC, and resident, patrnio' Dean and Chapter of St.
; kev. T. C. Rsone, deceastd.
Bridpirt Rectory, Dorset, diocese Salisbury ' • value,
1661., and residence; patron, Earl of Ilehester ; Rev. R.
Brantley, deceased.
Cattistock Rectory, Dorset; diocese Salisbury; value,
6IW. and residence; piteous, trustees of Mr. Still; Rev.
R. Rroadley, deceased.

SPORTING.
CIIESTF:It RACES.
weDmrittAY.
Shortly after the termination of the races, yesterday, the
weather ;Again changed to hail and rain, which col.bnued
aliment unceasingly until b tielml this morning: the count,
which had previously been in good order, thus became a
trifle heavy, and there eon be 110 liol/11t that the prospect of
a Wet day deterred hundred. living in distant parts of this
and the adjoining counties from taking ths ir annual trip to
the H00d,.. Fortunately, although the •ky was occasion-
ally overcast, the rain kept tiff, and the day so far has passed
with Lrilleu,t success.

If the Cup, as a betting race, was less interesting than
Waal, it does not appear to have lot much of in popularity
with the "million;" for the excursion and ordinary trains
disembarked such immense freights from the manufacturing
distriets, in addition to a considerable nuinher trim London,
that had not the arrangement. at the station been well
gmetunal and efficiently carried nut, the greatest possible
confusion must have ensued. We will not say that the
asnenibloge now collected un the count is or is not larger
than we have seen on some Cup day., but it is -`
pruli-
(inus 'I he stand I. crowded to suffivation, and there is a
fair sprinkling of fashion—that it is not en good us usual, is
fairly rot. ut, dto the wipe rior attraction of the Great Es-
hitaition in Hyde-park. The great race was run about 4
o'cllnrk; on thin iwo-moist Mr. Iliblaird prevailed upon the
authorities to abandon the plan of drawing for places and
ranks, and to allow him to adopt the usual mode of start-
ing ; and notwithstanding there we n• nn less than 28 run-
nen, he got them off with little trouble, and with only two
alight failures. Time only permits us to append a brief
Mum.

eONINTHIAN HANDICAP of . DOM each, with 20 added.
7 furhwoos.
Lord Cardrases Ally Aruedel—Groarilla, 3 yr', At 313

.
(Mirn) I
Mr. Corroes Nmapr, II mo, %lot 10:1) ..—..—. (Mr. lorilii 3
Mr. ICJ •• rlty.thrre, 3 )rr„ tri Mb. (Mr Gummi I
5t04 nu Camarillo filly, arid 11 to 4 apt Emapc. Woo
is • Cootvr. Run in I Min 39 N.C.

_ .
of the Itooore l'uotiect STALES of 15
son. earl., 10 ft, for 3.)r I Mile and a half.
Mr. area saie.rioardooan, Zolb (ltruatiy) 1
Arra. 70 Wilt
Mr. OA. I Drill 44 .b . . (M .r nu, 3
Mr. 141.. r Paddy va or 1444 3.1;
6 to 4 mot Ain, 7 1..1 apd Cuanbman, and 3to 1 apt
each e 1 tin: uthen. Won in a canter. Run in 3. min. 16
ace.

TRADZAIIRA.I6 PLATR nr 2110 10V. , added to a handicap
et 25 sot each, 15 ft, awl only 5. &c. The inroad to re-
ceive r* Ob. • Oiat of the vtakev, and the winner to pay 25
tuns. toward. e aprasivi. Winner. to carry extra. About
two tile. and a quarter. (191 vutiv.,) 111 of whoa de-
clared, IL.: - .

Mr. tOron'a Nancy, 3 yr~ 44
Mr. vusew's 14x1 (arts. yrs, Sot llb .
Ale I:ba . t .
The following were nut pLieed:—Ruschorough, Back-
biter. Vampyre, Duc-an-Durrac, Santer-le-roupe,
The Knight of Avenel, Montmue, lewww, Seaman, Hari-
cot, Irainask, Sr Robert, Ma.kletiai, Era. York-you're-
Wanted, R allgovrer. (by I i ladiator out of Sprite, Knook
Eaull, raurire, Rubins', Slurry Scurry, %Valmont, Lady
Eden Lanzion.
Ilettimi. 1 to 1 mg.' 'them., 9to l each agct Italian and
Black Doctor, 10 to 1 agst Hesse Homburg, 10 to 1
art Rusaloniugh, 12 to I each anal Nancy, Sauter-hr
Coupe, ao Backbiter, 2.1 to 1 each acrit Knock Knoll, Vaal-
, and Haricot, and' :1:1 to I awn any other. Knotk-
Eeoll away with the lead at a strung pan., followed by
)1 un tag is e anti homburg, Eva and Lady Eden twat,
tad at the of the ruck in the rear Seaman, hue-an-
Durres, and Backbiter. 'l'hey ran in thin way to the
Bridge turn, where Nancy took her place rent Almitague;
this Ming the only charge of any moment until they rearhial
the stand the strand time. Ilen. Resew Homburg and Mon-
tague headed Knonk Knoll, and ran together to the buck
of the eaurw, tlw lead being tin n Liken by Montague, at-
tended by Besse llomburg, Rue-an-Burro. Nancy, the
Black Doctor, and Backbiter. At the T.Y.I. post Ilesve
Homburg, Nancy, and the (;lark Doctor went in advance,
and ran •11111INt head and head to the endlepole. where
Nancy old.. al a slight 11-1111. This she maintained to the
anal, villain.; a line, rant run MCC by a lung neck ; half a
length between the vecimd and third, Ithecus a good fourth,
sad Backbiter fifth. Run in ten. I her.

CITY MKSIPPIt+ PL►trs of 00 Guineas, added to a
Bweepstal, • or 3 bon tea ; sato mad sad a 4143.
lAN 3Y. O• Y.O d•• Kolier, bpa iDayM) I
Ilfrlesat'• t•uprr, 3re
Mr. wd►t.'. 441•400. Ipm (Aran d) 4
Mr. b- by liellsooroe, arsa. 2 yrs (lrellr) 4
7tol on Roller. Woo 'way. Time 2 ruse. 10 sea.
(Ply E. Kt,M hY ay )
Sensual.' 1133014-3 P of A sop each, and 30 added.
Throe qt.-wt.-re of a mite. (6 Ribs.)
Mr. J. en► nor'. 133.8 r. 3 Try
Lord otralk "ore. Pc tr. 3pr
1./0333's PLAT' of 100 Cluiseas. Thrice round.
Lard Wo Abis-I,4bodAK 3 11"
Ur. lloodoriro Groord_bb. bps ... 2

yrs
1/2.1111T BST 110.
21 to 1 *got Tt.e Sao I IS to 102 ark Dueler

YORK SPRING MEETING.

The catramilintry interest elicited by the match between
the Flying Dutchman and Toltiour has induced the di-
rector...l' the Great Northern Itailway to announce •
special train from lting's-ensw nu the lint day (rucsalay,
May 13). at 7 a.m.;returning the ..tore evening, ut une fire,
the pasas.ngers haling the option of returning either on the
wood diy of the races or on the 'Chursday ; a speeiil train
will also lest, atter the races on Wednesday. and s tar
seconimudation will Ise prosialrd from all the principal
Iowa• un the line.

INTELLIGENCE EXTRA.
i.tvkitrom. JULY NIEETING.

Acclrrancits run yin Livcartiot. Cgr.—Cossack,
aged, 114 12lb; Elthiron, 5 yrs, Mt tills; Olanas, 5 yrs,
est 616; Rhesus, 5 yrs, fist ; Ittekbiter, 6 yrs, 74 10Ib ;
Wiltakb3rals. 4 yn, 7st 1016 ; 11.0atuk, 4 yrs, 7.1 101 b ;
Oilleions, 4 yrs, 7st 916; Suow.lucm, 5 yrs, Tat 71b; Cy-
Thri:yrs, 7st 716; Brother to Dough, 4 yrs, 7st ;lb;
. 5 )rs., 74 71h; Etrl of Warwick, 4 yrs, sth;
Illennotbsw, 6 yrs, 7st 21b ; Champion, 6 yrs, 7st 2111; Le-
n, 6 yrs, 7st; Swindler, 4 yrs, 7 st ; Teddin4ton,
yn, Est 1316; Chief Justice, 4 yrs, Cist 12th; Lady
34w, 3 yrs, list 121 b ; liamkerr, b yn, f t 10Th;
libarquis, 3 yrs, 6.t 1016, Crookshanks. 3 yrs, oat 1011) Mho, 4 yrs, Gst 81b; Caitlin, 5 yrs, Got 41b; Ab-
bess of Jerveaus, 4 yrs, 64 llb; cby Charles XII., darn
by Touchstone, 3 yrs, fist ; Ilippolytus, 3 yrs, 5.t 121 b ; Vi-
vandirre, 3 yrs, sst 121 b; c by Venison oat of Vera., 3 yrs,
1214.;f5t Truth, 3 yrs, sst 10lb ; f by Ilarksway, &nu b
Rust, 3 yrs, Est 1016; Colsterdale, 3 yrs, 64 71b; Jack
Lerossiai, 3 yrs, 5.4 filb; Lirtdu, 3 yrs, Est.

MIDLAND MAlLWAT.—lnlifie for the week ending
April 27, INA, 22.122 i. Os. Id. ; ditto ditto April 2S,
22.0341. 17*. dd. Arer Bata—lNio, 338,14 A Os. 4d.;
343,0721. A. NM.

SENDING lIRTATENING LETTERS TO A M \GIS-
TAATIL—At the Leeds Court. house, on Wednesday, Charles
Kirkby, F.sq., of Headiogly, a gentleman of independent
property was summoned before the sitting justices, charged
with kavinr sent threatening letters to Charles Liao-
coigne Mocks'. Esq., a justice and an alderman
of
the borough. Mr. Maclea laid three letters before the
bench, which he said were doted from Heading!), and wens
intended to defame his char,ter, and to provoke a breach
of the peace. He said he had known the defendant for
sevens' years, but had ns•eer hod say personal or other li
carrel with him, nor had he given Min any reason to
testify his conduct towards him. The let letter was dated
rd April, 1851, but none of them were road. The defen-
dant, through his solicitor, apologised to Mr. Medea, and
the justices ordered him to enter into sureties to keep the
peace towards Mr. Madre for six months, himself in the
was of 100'., and two sufficient sureties in the like sum
seek. The ;scarifies were afterwards produced, and the
deftedest left the overt.

,ab *ntelligente.
EQUITY COURTS.—YEMIDAY.
Bane Viereausenaos Ibrisin Bares.
Basixiss or TSB COOIT.

The viwaiZei6-I."isiiisior;Wlisid be sulikient
sestisne t. *soap, the whets of the day hoessreser (this
dtel, es whether Rey sasses amid b. piked es the paper ?
Mr. Inetell said there had been vane doubt sa to the
art
The Vise-Chancellor said that if he were alive and well,
be shield certainly sit. He had seen the Lord Chancellor,
end it was arranged that although his lordship would be
obliged to attend elsewhere, the other branches of the court
should sit as usual. It would be doing &service to diminish
es much es possible the crowd which there would be else-
where. The masters would, his honour believed, not sit, but
would attend the Exhibition.

Banns LessiCiameolimi (Tleranotenxiaa).
TANNER r. SIRLET.—AS TO TEE TIME OF THI COURT
BEING OCCCPIED IT NEARING EXCEPTIONS.
This ease came on upon exceptions to an answer for in-
sufficiency, and occupied the court nearly all day. It wiU
be recollected that these questions used formerly to be heard
before the Master, but under the act of last session, called
Turner's Act, it was provided that exceptions to en answer
might be at once brought before the court, with a view to
save expense to the parties; the effect, however, has been
to occupy the court Dom time to time in deciding very
lengthy and often very unimportant matters, to the exclu-
sion of cases of much greater consequence.
Mr. Martindale, Mr. Term% and Mr. Swinbournc were
counsel fur the different parties.
Lord Crauworth reserved his judgment as to several of
the points raised, but expressed his opinion that the new
arrangement for hearing exceptions was the cause of the
court being occupied fur a cousidereble time in deciding
matters which could much more properly be disposed of
over the Master's table. Ills lordship hoped, however,
that the public would be gainers by the alteration.
IN RI JULT,3's TRusTiLia. PETITION CEDER THE
WRiTniNsTßis 131FEOVISIENT ACT. —Jumpy:my OF
TIIR Cot ItT.

Mr. Bettiell and Mr. Ciliffsrd appeared in support of a
petition under the Westminster Improvement Act, which
enabled the commissioners thereby appointed to construct a

wide street from Westminster Abucy to the Vauxhall-road,
called Victoria-street, and for that purpose to purchase pro-
perty on the line of the street. It appeared that the com-
missioners under their powers had purchased several houses
in Strutton-ground, and by an agreement with the owners
the matter was to be referred to arbitration. Under this
arbitration it was decided that the sum to be paid (or the
property should be 4,52 W., and that the same was to be
paid into the Conuneteial Bank of London. The owners,
however, not having completed their title by the time
specified, the comnsis.iuners paid the money into the Dank
of England, under the Lauds Clauses Act, and upon
petition subsequently presented the money was paid into
the Commercial Bank of London in the names of two per-
sons, one representing each party in the trana"rtinn•
The petition now asked that the sum so paid out might be
ordered again to be paid into the Bank of England, on the
ground that the comruissiunen had not fulfilled their part
of the agreement, on the faith of which the money was
ordered to be paid out. A great number of affidavits had
been filed un both sides, but an objection was raised to the
jurisdiction of the court to decide the matter, which, hav-
ing proved successful, the further hearing was rendered

uunece...ary.
Mr. J. l'arker, Mr. Craig, and Mr. Randall, opposed the
petition.
"

• The Vice-Chancellor said if the parties had made a good
title in sufficient time, there would have been no necessity
for the conimi..ionent to have paid the money into court
but by a sulsaspient arrangement the amount was, with
the convent of the owners of the property, paid into the
Commercial flank of London upon µ•tition to the court.
He did not think, therefore, that he had any jurisdiction,
and the petition must be dismissed with costs.

BIM VICIA:II‘NCCIA.OII TVaxitt.
JOHNS P. AS/1:4.--CLAIM.

His Honour gave judgment in this case, which was
heard on Monday last. It appeared that in January,
INK the defendant purchased some wool* of one Sherwood,
who was the agent of the claimants, and gave him a cheque
payable to heater for ISOI., the uniccunt of the purchase
money. Sherwood inclosed the cheque in a letter to the
claimant.: general agent at Chelmsford. The letter never
came to hand, and neither the cheque nor the purchase
money had been received by the complainant. The cheque
had not been presented fur payment at the bank on
which it was drawn. Ihe claim was, under these circum-
stances, filed for payment of the ISOL, the claimants offer-
ing to indemnify the di &inlaid against any demand upon
the lost cheque. It hail been argued by Mr. Holt and Mr.
Uigg, for the claimants, that LO4 the defendant was still the
claimants' debtor for the purchase money, and the latter
were unable to proceed against hint at law by reason of the
loss of the cheque, they were entitled to the relief asked in
equity.
Mr. !telt and Mr. Elmsley, on behalf of the defendant,
said that the purchase of the wools had been made of Sher-
wood as principal and not as agent for others; that the
bice of the wool was included in an account which had
een settled between Sherwoud and the defendant; and
that the cheque for Incl. had been given upon security and
by way of loan to Sherwood. and not in respect of purchase
money for the wools.
His Honour, in delivering judgment, said the claimants
milted for a decree for payment Of the itifll. on three
grounds. First, on tlie ground that the claimants had
tutahlished that the cheque was given for the purchase
money of wools purchased by the defeudant from
their agent Sherwool, end that the cheque was proved
to have been beat ; areaway, that, whether the cheque was
given for the wools or not, the claimants bad acquired a
property in it .
.• anal thirdly, that the claimants had obtained
from the defendant a promise to give them another cheque
for the same amount. With regard to the find point, he
was of opinion that the plaintiff's evidence failed to prove
the CAA' made. As to the second point, he thought the
claim was deficient in allegation+ necessary to establish a
right to the relief asked : and us to the third point, it was
sufficient to say, that no cousiekration moving from
the claimants fur the promise had been shown.
As it might be said that the claim had been
filed by leave of the court, he had felt reluc-
tant to dismiss it at once ; and he had eonsi-
' dereu whether it could properly be put in a train for further
inquiry. Owing, however, to the imperfect state of the evi-
dence, he did not air his way. to any further proceeding
without in effect re-eainnvasong the case, and that in a
manner that would lead the parties to an expense and liti-
gation far beyond what WIOI necusary in the regular course
of prueetsling by bill. The new order. fur proceeding on
claims were not intended in his opinion to apply to cases
like the present. Ile felt satisfied that leave to tile the claim
would nut have been given, and could not have been asked
for, if the case set up by the claimants could have
been anticipated. lie was of opinion, therefore,
that the claim should be dismissed. The claimants,
had not brought forward their whole MSC, and had kept
hock material evidence which it was in their power to give,
and they could have no right therefore to complain if the
court refused them the benefit of the summary course of
proceeding under those orders. lie purpowly abstained
from pointing out the defects in the claimants' evidence,
because he thought great mischief would ensue if the defects
iu cases tried on claims were pointed out where liberty to
take further proceedings was allowed. Such a course
might lead to improper attempts to supply the &Itch'
in any future proceeding, to the course of the argument
an observation had been made as to the inconvenience of
holding parties to the strict rules of pleading in proceed-
ings on claim+. With reference to that observation, he
thought it right to say that in his opinion the orders upon
claims were nut intended at all to alter the rale of the
court requiring parties to establish their case secunilum al-
legata et probate. Ile had felt seine doubt about the
code, hut having regard to the fact that material Informa-
tion had been withheld, he should give no costs. The or-
der would be to dismiss the claim without costs and without
prejudice to any other proceeding the parties might be ad-
vised to institute.

COURT OF QUEEN'S BENCH—YESTERDAY.
Mnunis in Sam:G.—Biros' Imo Ciotti. a., Ma Jerrie. Pam.
rem, 111•. amines W1...1M. •1114 34•. J. .-flea tms.
At the sitting of the court Lord Campbell gave notice
that ou Thursday (thi. day), after the court had gone
through the bar for motions, it would take the one ease re-
maining in the old new trial paper, and then proceed with
the cases in the special paper; and un Monday nest, and
ouhicquent motion days, the court would expect counsel to
be prepared to go on with the motions tor new trials moved
this term.

TR■ QUERN (ON TI PROSECUTION or TEE Rev.
RORRIST WMISTON) r. Tut DEAN AND CHAETER Or Ru-
CHINTZ&

Mr. Justice Patteson said that the court considered the
whole cue comprised in the question of whether or out the
Bishop was visitor in this matter.
Sir Ire derick Thesiger said that on the last occasion he
had argued, that supposing the bishop was the visitor over
this school under ordinary circumstances, that the visitorial
jurisdiction was suspended by the interest which the bishop
had in this question. Ile would now proceed to show that
!the bishop was nut the visitor of the school at all under the
statutes, but that the dean and chapter were. It is not
necessary because a person is general visitor, that he should
be visitor for all purposes. In "The Queen e. the Bishop
of Ely" Term Rep. 33. i), Mr. Justice Ashurst says,
" The founder has thought lit by the statutes to invest the
bishop with a general visitorial power, but he had a right to
entrain him in certain cases if he thought proper,
and as to those objects the bishop is not visi-
tor." Then in the case of " The Attorney-
(funeral v. Middleton" (2 Vea•y, 328), Lord Ilardwicke
says that " No technical form of words is necessary fur the
appointment of a visitor. The general intention of the
statutes must be looked to, and the office may be divided
I and one set of visitors be appointed for one purpose and
another set far another purpose." So, in this ease, it
must be admitted th it the appointment of the visitor
is in very large terms, but the question is whether,
looking at the whole of the statutes, it is not clear
that the founder intended that the dean and chapter
should be the visitor of the school. The visitor is
appointed by statute 38, " De Visitations Evelcshr, which
is as follows;—" Nalium opus tat ado° pium, cmpturn, adco
prosper;: productum, ad. o fideliter cotuuminatum, quod non
[soli subraatur, ac ineuria et negligetatia subsertatur,
nulla tam sancta et firma statut's conduntur, quip
temporis diuturnitate in obliviouem et in coutemptuna
feDMIt, si non odsit continua vigilantia et pictatis solos,
quod quidcm ne in et-eh:ski none' uuquam fiat, aut esenire
possit, nos Episcopi Roifensu, qui pro tcmporc fnerint.
Yid et diligentiA freti, eundem ecclesite nostrae Cathe-
drabs Roffensis, eisitatorem conatituimus, volentea st marl-
mates, at pro Christiana Me, et udiati pietaiis solo

*GM, et {vaulter caret, et km Manta et ordination'.
atelatim a melisy=inielabitet ohmmeter • •
Cal mold= Mated Tires {lmam ern-
tedirmaa paiertMem M aelheallalma, rat farm obeli'
mama is MONO wade eestentie, at ea qui-
Immesamie elre aftlealiq -fiche, eamatedam nut
aISIBRINI MIMS MOW ellissemestibes, deeeraum,
eammiete, adores eammisee, smemae Imlnktroe isterro-
ra=ll.l.llll. gleidt tut tedmaialicetem
riMmatar, opaque ad eisitatoris oath= de
jun pelting". ilveggilatar. Qum guide= amass tam de-
cannot qualm eimmiese m elite ateledm misdate% "mad
amnia monies memo at madames ipti *pimps paean
et obedire. It meet be admitted that them words me quite
large enough to create • deaeral visitor. But them when
the 35th statute is loai.i at, "De corrigendis eneadbus,"
which is as follows: "lit in cedes's) costal morum
integritas servetur, statuimus et volumus, ut si
quis minorum canonicorum, elericorum aut aliorum
ministrorum, in levi culla deliquerit, arbitris deeani, nut
eo absentc vice deem', corrigetur. Sin gravius fuerit de-
lictum (si )ustum judicabitur) ab iisdem expellatur, is
quibus fuerit admissui. Si quis 'lntern eanmucorum, in
offenal aliqus aut crimine, wide ecclesia noses: grave
seandalum oriri posait, culpabilis inventus fuerit, is per
decanum, aut co absente vice decanum, admontatur: quad
si tenio admonitus, se non emendaverit spud episcopum
visitatorem suum accusetur, et illiva judicio corrigatur."
Now the 26th statute, after establishing the school and
appointing the number of scholars, is as follows:—" Sta.
tuimus prieterea, ut per decanum, vel eo absente, vice.
decanum et capitulum unius eligatur LatinC: et Greed
doctus, bona fume, et pia vita, docendi facultate imbutus,
qui tam viginti ills ceclesire nostne pueros, gnarls alios
quoscunque grammaticam, discentli gratin ad scholam
nostram contluentes pietate exculat, et Tanis li-
teris exornit, hie in scholl nostri obtinebit, et
Archi-Didasculus sive pracippuus informator Esto.
• • • Hos vero Infurmatores Puerorum volumus,
ut regulis et docendi ordine, quern Decanus et Capitalism
prararibendum duserint diligentcr obeceundeut." By this
statute the master is to be appointed by the dean and
chapter, and is subjected to all the rules which they may
lay down with respect to the conduct of the school. And
then by the statute "de Corrigendis Exeessibus," that class
of persons, among whom the isiastcr must be Included, are
amenable only to the person who appoints them—that
is, in this case, to the dean and chapter. And it cannot be
argued that that is only a a primary jurisdiction, and the
visitorial power established over the dean and chapter, be-
cause the same statute makes a distinction between the
minor canons and other ministers, such as the schoolmaster,
who are amen. 1,10 to the dean, and the canons, who are
amenable to the bishop.
Mr. Justice Wightman—What meaning do you give to
the words of the 344th statute " quoad mania prremissa vo-
lumes et mandamus ipsi episcopo parcrc et obedire ? "
Would not the dean and chapter be bound to obey the
bishop in any orders he gave with respect to the removal of
the schoolmaster?
Sir F. Thesiger—They would say that their jurisdiction
was Baal, and quoad this the bishop was not visitor. Then
if this was not " grave delictum," the dean and chapter
have exceeded their jurisdiction, and this court has a right
to interfere.

Lord Campbell said that ns he was absent attending to
his duties in another court on Saturday, when the greater
part of the argument took place, be should not give any
judgment.
Mr. Justice Patteson said—l had at first understood it to
he conceded that the general visitorial power given by the
statutes to the bishop would extend to this matter, unless
the facts set out in the second plea which raised the ques-
tion of interest in the bishop excluded that general power.
But I now understand that the question is raised whether
in respect to the school the bishop was visitor at all. That
question depend. upon the construction of the 3.ith and 3,lth
statutes. '1 he 3•ith does nut appear to me to appoint a visi-
tor at all, but to be simply a statute " de corrigendis execs-
sibus," an•i is to determine who is to judge with respect to
any thing done wrong in relation to the cathedral. (The
learned judge then read the statute.) By that the minor
canons and other subordinate officers are to be expelled by
the party appointing them, that is in this case by the dean
and chapter. But if the canons offend, the dean and chap-
ter may admonish them twice, and on the third iiffi nee the
matter is to b• brought before the bishop. That being the sta-
tute "de corrigendis exessibus,•' then comes the 38th, giving
general power to the visitor, and giving him power to correct
any thing done wrong by the dean and chapter, or other
person, and that includes a power to determine whether any
person has been rightl)• expelled or not, whirl) is the same
question as was raised in the "Quern r. the Dean and
Chapter of Chester," and the same argument might have
been used there as has been raised Mere—viz., that by
giving the power of expulsion of chorister, to the dean and
chapter, in the first inganre, it was intended to exempt
them from the visitorial power of the bishop. I think the
two cases are quite alike, and I du not see in what the sta-
tutes here can be distinguished from those in that case.
The question must, therefore, tome at last to what was
argued on Saturday—viz., the facts set out in the second
plea, which does not deny the general visitorial
power, but says that the dean and chapter re-
moved Mr. Whiston for publishing a pamphlet eon-
taMing strong reflections on the bishop for upholding
the proceedings of the dean and chapter with reference to
the funds of the cathedral, and strong reflections also upon
bins as Dean of Worcester. And then a number of cases
were cited to show that he could not act as sisitor. No
doubt there are strong remarks to b• found that a man
cannot be judge in his own case, particularly in "MI r. Sa-
vage ;" and other casts were cited Mg to inferior magistrates,
in which the prineiple is established, and cannot be denied,
that a man shall not he judge in his own ease, and therefore
the question becomes whether the plea establishes
such an interest as to bring the ease within
that rule. Now, it must be remarked, that the
appeintinent to the mastership con never become
vested in the bishop, and therefore hr hiss no direct interest
in creating a vacancy. It was otherwise in the ease cited of
the Bishop of Ely; and so in all the other cases• the interest
was direct. Here the removal was not the bishop's act,
neither has he any interest in the misapplication of the
funds. And even if he had, the question which he would
be culled on to decide would not be whether or not tkere
had been any such misapplication. In " Brooks r. Earl
of Rivers," the prohibition was refused because the interest
was wit clearly made out, and the court said that favour
should not be presumed in a judge. And so I think the
ease stands here ; and there must be judgment for the de-
fendants.

Tux QUEEN E. TEI LONDON AND NORTH WENTERN

RAILWAY.

In this case a rule for a mandamus had been granted,
conunandilig the London and North Western Railway to
mak: the Leeds, Dewsbury, and Manchester branch, fur
which an act of parliament had been obtained in 1816. In
1817 another act had been obtained, by which the Leeds,
Dewsbury, and Manchester Comp my was amalgamated
with the North Western Company, and all the liabilities of
the first company were to be taken by the amalgamated
company. The London and North Western made a return
to the mandamus, alleging that all the capital empowered
to be raised for the purposes of the tirst-mentioned act had
' been raked and expended, and that the time fur the com-
' pulsory purchase of land had expired. To this return there
was a demurrer.
Mr. Knowles, Q.C. (Mr. Hodges with him), in support of
the demurrer, contended that, by the passing of the act of
parliament, the promoters entered into a compact with the
public to do that which, by the act, they were empowered to
' do; and the making of the line, therefore, became one of the
liabilities of the original company which fell upon the
' amalgamated company ; that the fact of all the funds
' which were to be raised! by the original company having
been expended was no excuse, for the amalgamated
company were bound to find funds. Then if they intended
Ito rely on the expiration of the compulsory powers to pur-
chase the land, they should have shown upon the return
that they could nut obtain the lands required, except by
means of the compulsory powers of an act of parliament
And be cited " It. o. Lumberwork " (3 B. and A., 108; and
4 A. and E., 731) ; " It. r. Edgehill " (4 A. and E., 703);
" It. r. Hasten' Counties Railway," and " Reg. a Birming-
ham and Ulo'ster Railway Company" (2 Q. 8., 47).
Sir Fitzroy Kelly (Mr. Bayley with him) contra con-
tended that the court would not grant a peremptory man-
damus to the company to do that which it wan clear they
never could do. It was unreasonable to suppose that they
would be able to purchase all the land they required by
agreement, and it would be sure to happen that some per-
sons on the line would be under disabilities and be unable
to sell.

Mr. Knowles, in reply, argued that that fact—if it was
one-- should have appeared on the return.
The court took time to cousider their judgment.

COURT OF COMMON PLEAS.-YESTERDAT.
&ruses is Mum —barons Lose Camp Justscs JIIAVIA, Ms. Jur.
Met CINII./11.1.1., Mr. 11.4T1Cd IN ILLS/Jig AMU Ma. Jvsrica
1.1.r0t so.

DEWI.I O. RILET.-ACTIOR AGAINST THE CLERK OP TUE
WHITECHAPEL COUNTY COURT lOU FALSE NEWSOM-
RENT.

Li was an action fur false imprisonment, which had
been tried two days ago, before Mr. Justice Manic, when a
verdict was found fur the plaintiff, and the damages were
taken by consent at 40/. It appeared that the present
plaintiff had been ordered by the judge of the Whitechapel
County Court to pay the sum of 41. Its. 4d. debt, and Its.
odd for costs, and that if he failed to du so he was to undergo
thirty day: imprisonment. The plaintiff had not complied
with the terms of the order, and in cronaequence the judge
of the Whitechapel County Court (Mr. Serjeant Manning)
had directed the clerk to make out an order for his commit-
tal, which he accordingly did. The plaintiff was kept in
prison fur nineteen drys, at the end of which time
he was set at liberty by the order of the Court of
Common Nets on the ground that his imprison-
ment was not legal, because he had not been summoned in
the first instance before the judge of the County Court, to
show cause why he had not paid the debt and costs, as he
was directed to do by the order of the court.
Mr. NVatson, Q.C., on behalf of thu defendant, now
moved, pursuaut to leave reserved, for a rule to show
cause why a nonsuit should not be entered. The ground
upon which the learned counsel founded his application
was, that the defendant was not liable to have an action of
false imprisonment brought against him for having inucd a
warrant of commitment, in accordance with the order of
the judge of the court, of which he was the clerk. The de-
fendant was a mere ministerial officer, who was bound to
obey the directions of the judge of the County Court ;
and wits not liable for any illegal step which the judge
might direct to be taken.
The court granted a rule nisi.

BAIL COURT.—YESTERDAT.
thrum. it B• 300- 8.10.1 Mr. ANTICS 1.1111.M1X11.
Dos Dan. Wursaoos. v. Joaxsos.—Patsos BULLS.
Mr. Hell moved for judgment against the lessor of the
plaintiff, as in the case of a noasuit. lie had obtained his

NU NA, but he was under this &dimity", that the rule
eenld sot IN served, in consequence of the plaintiff having
bort omomboot to the House of Correction for the county
'of 3111411siox (Coldbath-fields) for nine months, and it
ammased that, by the regulations of the prison, no civil
poems woo allowed to be served on a prisoner under
eadenee.

111FrTinstice Coleridge said that it appeared to him to be a
mat extraordinary rule, and one which might work great
injustice. It was a question whether the court ought not to
deal with such a regulation. He would enlarge the rule,
and the learned counsel had better apply to the full court
to-morrow (this day).
THE QUEEN V. THE YORK, NEWCASTLE, AND BEnwic
ItA!I.WAY.
Sir F. Thesiger moved for a rule for a mandamus to the
defendants, calling upon them to make and complete a cer-
tain branch railway which they were required to m.tke by
their act of parliament.
Application granted.
THE QUEEN V. RICHARD MERVIN MARTIN AND OTHERS.

-ALLEGED BILL-STEALING AND CONSPIRACY.

In this case Martin was indicted, with two persons called
Nicholls and Lloyd, for stealing two promissory notes,
value 250 f. each, and one promissory note, value j.)004., with
• view to defraud Henry Fraser Dimsdale.
The defendants were further indicted for conspiring to
defraud the same person of the said promissory notes.
The defendant Martin was to-day brought up, and pleaded
not guilty to both of the indictments, upon which he was
admitted to bail, himself in SOUL, and two sureties in 24U1.
each, to take his trial at the sittings after this term.