The Express.
London, England, 1847-08-04 00:00:00

IRELAND.

Deluxe, Av.;. 2
This is a day of considerable excitement in Dublin.
Two events absorb the public mind—the nomination
of members for the city, and the arrival of Mr.
O'Connell's remains, after a long absence and many
accidents. The streets are thronged along the whole
line of the funereal route. The vessels on the river
have their colours suspended half-mast high, and the
shape on the quays exhibit half-closed windows. The
body was expected at two o'clock, the full tide bat
it had not reached until after four, and, as I write, is
being deposited in Marlborough-street Chapel until
the closing scene on Thursday. As the hearse
approached the chapel, the crush was fearful,
and thousands rushed forward through the ranks
of police and a friendly cordon, to touch the
body. This was accompanied with a loud shout el
lamentation from the multitude of women. In front
of the hearse walked the clergy of Dublin, and be-
hind the sons, relatives, and personal friends of Mr.
O'Connell. There could not have been fewer than a
quarter of a million of persons present from the die-
embarkation to the cathedral.
It is singular enough that, while the bones of the
" Liberator" should be touching the land he loved so
well, his friends, supporters, and instruments should
have been shouting in the rear of Mr. John Reynolds
at Green-street. It is not in each a spirit the remains
of this gnat man should be received. Bat there is
nothing dignified in vulgarity—nothing solemn in
irreverence. . .

The Wexford grand jury having memorialized the
government to complete the works commenced under
the Labour-rate Act, to which " the faith of the
government was pledged," Mr. Redington replies that
no such promise, express or implied, was ever made,
but adds that it is the intention of the governmen;
that the mail coach and car roads on which altera-
tions have been commenced, shall be put into a plum-
ble state in order that the communications of the

country may be interrupted for as brief a period as
possible.
The Roman catholic bishop of Galway is quite a
peculiarity inter epiacopne. He eschews the three
C's—Conciliation, Confederatiop, and Council—but
adopts a fourth " country," on a more practical scale
than the visionaries who seek for commerce without
skill or capital, and for opulence without education or
industry. The bishop looks for the revival of manu-
factures by beginning at the right end, though the
"warden' agency through which ho Fusests the
working of the machinery, is as crazy and impract: -
cable as the policy of the confederation.
The authorities arc preparing to preserve the peace
dating the elections. Orders have beers issued to
concentrate the police at certain fixed points, so that.
they might be drafted off to scenes of probable dis-
turbance. Dundalk is to share in a fair supply, as
the moral force gentlemen there are disposed to try
conclusions with the anti-repealers by other modes
than persuasion and conviction. Tipperary, Cavan,
Athlone, and other inflammable localities are to enjoy
the presence of a civil and military force.
SCOTLAND.

EDINBURGH, AuGUST 2.
The government has again issued an ecclr,iabticol
presentation, which will be disputed. The presentee
is objected to by some of the parishioners, on three
grounds; first, his delicate health, and infirm bodiiy
frame; second, as being so lame in one of his legs as
to incapacitate him from parochial duty in an efficient
manner ; and thirdly, as being indistinct in pronun-
ciation. The case will likely have iho run of the
church courts. It affords a specimen of the kind
of objections made by Scottish congregations w
pastors not of their own choosing.
PROVINCIAL.

TIM CHARTISTS AT MAP:CHUM:R. celebrated the triemult
of their champion at Nottingham by a public open-air meet-
ing on Monday evening in ta:evenson-ulnae. They pissed
an address of congratulation to the electors of Nottingham,
for their noble conduct in electing Mr. Fungus O'Connor,
the fearless champion of the people's rights, as their repre-
sentative in the II ,use of Commons." The meeting, which
was an unusually small one, was addressed by welling men,
who dilated upon the importanos of this triumph, and in the
end a resolution was carried, pledging theinvels es to use
their best exertions to return a chartist at the next election
for Manchester.
_______

AIICHX.OLOOICAL At:o.
Friday's entertainment concluded with the co mocraas iona
at the palace, and Saturday was wholly enrcesed by • ppil-
ggrr•immaaggee to Wabingham and Binham Aboty, taking Eist
Barrham Hall and the chapel at Houghton-in-the-Dale in the
way. At Wslsingham the institute was most kindle received
by the proprietor of the Priory and Wishing; Wells, James
Lee Warner, Esq., who had prepared a most handsome
champagne luncheon for the members, not unwelcome or 0:-
received. At Binham • second luncheon had been provided
by Mr. Richard England, to which a second section did
ample justice, to the intense delight of the worthy tenant of
the farm. Yesterday's employment vim completely taken
up by a visit to Burgh Castle, the en rch, at Yar-
mouth, Coaster Castle, and by • dinner in the Town-
Hall. Wherever the institute has gone the hospitality boa
been unbounded. Yesterday's excursion included three
hearty luncheons—one from Ddr. Green, the incumbent of
Burgh ; another from Mr. Everett, the tenant at Caister:
and a third from the Rev. Henry ltlackenie, the incumbent
of the fine old church of St. Henry
Yarmouth. The
ruins of Burgh were explained by the Rev. Charles Haile-
home ; the church at Yarmouth, by Professor Willis; end
lastolte's mansion at Caister, by the Marquis of Nsrthamp-
ton and Sir Richard Westmacott. The dinner, at six, in the
Town-hall, and at which 130 sat down, included the Mayor
of Yarmouth (who occupied the chair), the President of the
Institute (the Bishop of Norwich), the American minister
(Mr. Bancroft), the Marquis of Nertbeapton, Lewd Bray-
brooke. Sir J. Boileau (the =lndiana mare, of tbebarrees
acres of Burgh), Sir R.Westramett,dieneens of Westminster
and Hereford; Mr. Hallam the Menke% Mr. 111Ysra tne •
poet. Professor Willis, Mr. Elf/i Me= M
Arnold ; elected and missed of wants
candidates, and antiquaries of every elm est dleenription.
The dinner was a good: one, and the apesebes fhw in nambei
The mayor proposed ' The Queen and Reyal Family" • the
Marquis of Northuipton "The President of the Arelt;eoM.
steal Institute" ; the Bishop (the president), " The Mayer
of Yarmouth" • the Mayor " Sexes I. the Arehieological
Institute" • followed by " The proprietor of Burgh Castle,"
most adminhlyandhelineyeduzowledged by the proprietor,
Sir John rd , who concluded a short end ontuil,
speech bye the health of Mr. Start*, the
man Minter' who followed the institute threkehont the
excursion of the day with all the ardour of a 1111,, and all the
intelligence of an educated, antiquary. The speech of Mr.
Bancroft, in reply, was the speech of the evening. He felt
the importance of the meeting, he knew hie own powers, an*
a most admirable speech was the result. The dinner one,
some of the members retired to Mr. Dawson Turner* others
to Mr. C. J. Palmer's Elizabethan house upon the quay (ee
well known by Shaw's illastratioe), when toffee was served
and conversation carried on till it was time to Mart. A more
agreeable day it would be difficult to imagine. Every room
in Norwich is now full, and the meeting is generally admitted
to be the beat the institute has yet had. The museum ill-
creases in size and iceportanoe; fresh papers are read, and
new members arrive.

NAVAL
DISPOSITION OP TM! MIDITIMPOUAN SQUADRON.-44$
Malta: Ogles. lowlso Ars Sag of Metettaliral Sit Diablo Cart s.
Be;ft lsmostrat. UP& rower; Slabs ay Uri Miebrag. At
Adios: Miss IS, CUAL C. IL hearth; VoisgurriA SA 001. (3.
W. WIllia; lelsay, IS. Z. MAMA CB. Is Os Asiiirdsgs.
cumte sr : Srbe/117apt. T. Owes; Immo* aortae Ufa
• Psalms. le. Gob. Le
Cam. ciao.
18"1.06,1%. -
Patna: WWI" U, Oa Tips, is mile Am ',
Mills; Sods_ IS, Or. Slorms,ra rssltiliVella tor g
Totems*, Uri Cow sands kas Waists I;
Ardent et, lint. Iskir. At IhrrallYs : rat., Oms.
At Gibraltar: These ottZes. Lim
m Mortercrs.—At , May 20 : Mx rnis, Vice-Ad-
miral Mr W. Parker ; Tiiiiipm Ormapro, Su:ierb, Phreula, 131.:1.
dog, and Jackal.OfOwl% PSI, MD: At anther, Gladtster st..lt.
la the Douro : Palspisms at. Nautilus kr.s. At %Igo, Jui.
34 : America, 30, isOsaalisat. leg, Sze.

lato Entelikalttt.
EQUITY COURTS.

f.riC‘sWo:ll;.

BROCKLEBANIL O. THE WEITERAYIN .JVWCTION RAIL.
WAY COMPANT.-QUEIMOX Al TO TEE PEEIODWIIEN TWIN

OOMPANY'S COMPULSORY POWERS PO TACO LANDS FT.
PIRILD.-1 his was en apposition= to diesel'', an injunction
granted by the Viee-Chaneenot of Ragland, the effect of
which was to restrain the dellinkoto from taking part of the
largilaintiff's ship-yard is Whiselmeem lee the purpose of en-
ng
their railway Mew The defendants' act received
the royal assent the 4th el July, 1114. It contained& clause
to the effect that the tosstrisq droll, not exercise the corn-
=holy powers thereby glom le per'
after the expiration 01 non
the present year, the sempsey,
of traffic on their line woad melee
station in Whitehaves, served Betio
with him for the porches, ait=
offered 1,6501. for the
declined to accept. The t
course pointed out by the
ponession of land. A jury
sat to iMPSI the 'sloe of the land
the inquiry not being completed
learned to the bth, and again

M pereboas end take lands
ma. On the ath of Maack in
, !saw that the dove . •,_7...
pitelni an entimient •
.!11' -.T.,. , as
..thiscrbg,slFilz...,.•
... ---...,,).„, A
aria, which —„ ~
Ampar y thee; i. je . ,
ast to obtain, ''''''s• '73
•igyansimonedll lif.'"..-41, el iii
ad as the 3rd of XII ,i.r-Xf
e. la
d*A day. tko *it .l. -.
tees the 6th to gp • , i•T' 7
I. 0
.4

4 •

w—w•
July, when the jury gave their verdict for 2,7001. The
plaentilT then took the obji ction that the company's powers
to take the land had expired, and be filed this bill and ob-
tained an injuoction against the company's paying the said
sum into court—it effect, to restrain the cowpony from
taking posseasion of the land, because they could not fake the
possession under the act until they hod paid in the maithsee-
moneys-Iln Stuart and Mr. Matins, foe the oesegmsy,
moving to dissolve the injunction, contended that the sedge
to treat for the land, which was served on the plaintiff is
Marsh lest, established the relation of vendor and purchamie
between the parties; that the compulsory powers given
the act to purchase and take lands were then duly Pave ;
stnd id]. the subsequent proceedings to enforce these pewees
were merely consequential on that set of notice. They cited
several ewes decided by the Lord Chancellor, and also by
the common law courts, to show that that was the construc-
tion put on the like clauses in other acts of pathaeacnt, and
that from the service of the notice to treat. the eompany were
owners of the land.—Mr. Bwenston and Mr. Wray sup-
ported the Vice-Chancellor's coder, and insisted that the
eteroise of the eomputsess wers of the isM was not com-
pleted until the rem
creased by the jury as the value of the
Lod was paid; and as the jury did not give their verdict
until the Cah of July, two days after the three years had
expired, the compulsory powers were then gone; the con-
struction put on the clause by the other side would extend
the relied for completing the purcase of the lands to seven
or mere year., provided only thath the notice to treat had
been served within the three years.
The Lord Chancellor said, in the course of the argument,
that the construction of the clause in the net WAS 2 pure
question of law, and by granting the injunction this court
took on itself to decide that question. If by service of
the notice to treat, the land from that time became
the company's—which was the effect of the decisions that
werp referred to—be wished to know what became of
the land after the injunction was granted, for the effect of
the notice to treat could not be undone. The counsel for the
plaistiff did not understand that the notice to treat about
the purchase of the lands amounted to a contract to our-
cheat). If that was the effect then the company could file a
bill for specific performance. If the question seemed to the
court so doubtful that it could not dispose of it in the way
now presented, the court would probably order an action or
direct an i-sue, and retain the injunction in the mean time.
But where a doubt of the right existed the court would not
permit property to be interfered with. Here the property
fort:o44'a, the shipyard of the plaintiff was of greet
is busi Tillie end
to deprive him of it would be *great injury to hness.
The company allowed nearly three yeses to elapse before
they thought of this proposed enlargement of their station,
and the enlargement was not necessary.—Mr. Stuart,
in reply, read ssidavits to show that the part of the ship-
yard required by the company was comparatively so small
that the lots of it could not in the least injure the plaintiff,
while the development of the traffic on the railway required
an enlargement of the station for the convenience of the
public
The lined Chancellor said, that at first it seemed doubt-
ful whether it would be better to dissolve the injunction and
leave the parties to their remedy at law, than to retain the
Ljurictien and send n case to a court of law. The Vice-
geld it was the clearest case he ever saw ; but
his lordship had doubts whether the Vice-Chancellor was
not wrong. If the company was exceeding its powers under
the act, this court certainly had power, and was bound to
exercise it, to restrain them. But where there was a doubt,
it might er might not grant or refuse an injunction. The
court had to look to the inconveniences on both sides.
It appeared that the company did not take any
proceeding to get possession of this land until last March,
and their powersovere to expire in July ; and further,
it seemed they were in no hurrrto proceed after they began
by the notice, for they did not take the next step until the
middle of May. The estimates as to the valuation of the
land were oompleted the 10th of June, yet the jury was not
summoned until the 3rd of July, the last day of the three
years. As to whether the powers of the company to take the
lands were sufficiently exorcised at the service of the notice,
or at the time the verdict of the jury was given, his lordship
would not give any opinion ; but he said that if he continued
the injunction the legal question might never be disposed of.
If, en the other hand, it should turn out hereafter that the
company was not authorised to take the land under the cir-
cumstances, then they would have to make compensation to
the Plaintiff for the irjory done him. Between those diffi-
culties the beet course appeared to his lordship to be, to con-
tinue the injunction, as no corresponding injury to the com-
pany could be done by being restrained until the legal quee
ties could be disposed of. His lordship then made the usual
older for a case to bo sent for the opinion of the Court of
Common Clem, the injunction to be retained in the mean-

Before the abater of the Roth.s
LEr T. APPORTION'AF.NT OF COSTS OF
13A.L8 Of INOOSCIVIED ESTATES.—By the decree made by
consent in February 1831, a male was directed of certain
ratites in mortgage to various pettier., and the question
was mode on the heariog for farther directions as to the
mode in which the costs attending the sales were to be
paid.—Bic lordship now gave judgment on the point, and
decreed that the cots were not to come out of the whole
fund in court, but were to be apportioned so that each estate
should hear the costs attending the sale of it.

Before the Vice-Chem:Ake of ...„—....
IN 117 THE LONDON AND NORTH WESTERN RAILWAY
COMPANY, BE FART! BALES..—PETITION FOR PAYMENT
Or MONEY our OF COURT.—Mr. Haldane appeared in sup-
port of a petition for the payment out of court of a son of
2661 whie.h had been paid in by the London and North
Western Railway Company for the pnrebase of a piece of
land farming part of 30 acres, the whole of which was sub-
ject to an annuity of 10f. for the benefit of a charity.—Mr.
Bacon opposed the petition, on behalf of the company, on
the ground that the money paid into court was the only
security which the company had for the due payment of the
annuity, but stated hie willingness to accept an indemnity in
respect of such annuity.—The Vice-Chancellor thought he
had no power to make the order under the present mecum-
sauces, bat he would allow the matter to stand over until
the aforesaid indemnity should have been executed.
ATTORNET-GENrEAL r. THE EARL OF DEVON.—PRO-
7011ED SCIIENIo. TOR THE MANAOE'tENT OF TIVEnToN
Sctoot..—The partiula n of this case have already been
fully before the pubclic. It will be recollected that a re-
ference was directed to the Master to approve of a scheme
respecting the management of the Blundell school at Tiver-
ton. The Master had now approved of a scheme, by which
he proposed. that, in lieu of the ten householders who were
to be appointed under Mr. Blundell's will, the following
should be the method of selecting the managers of the set 001,
namely, the three rectors for the time being of Tidcome Pitt,
in the neighbourhood of Tiverton ; the lord of the minor ; so
many of the justices as were acting for the county as
well es the borough ; and ten persons specified by name,
clergymen, members of parliament, and others; and in
awe any one or mere of such ten persons should die, or cease
to be resident, or become incapable of acting, that the
persons constituting the remainder should hold a meeting
within eight weeks after the vacancy occurring, and three.
fourths of the remainder should appoint another person to
fill such vacancy, and in case of any difference arising, that
an application should be made to the Master of this court,
who should be at liberty to decide without requiring the
confirmation of the coon. It was also proposed that the
children of foreigners should, from time to time, be admitted
into the school by the feoffecs or trustees, with the consent
of any ten of such before-mentioned pereons. This report
was objected to on behalf of the Attorney-General, who sug-
gested that the meet simple way of replacing the persons ep.
pointed under the founder's will would be, that the
three rectors before named or their successor', should
be appointed, and also the lord of the manor, the
mayor of the town, the es-motor for the previous
year, rind the alderman end magistrates of the town.
Mr. dames Parker and Mr. Stinton appeared in support of
the Master's report, and contended that the proposals therein
contained were strictly in conformity with the suggestions of
his Bonnie at the hearing of the case, by which it appeared
that wealth wu to be the chief criterion in the choice of per-
eons to bll the place of the ten householders mentioned in
lir. Blundell's will.—Mr. Bethel] and Mr. Blunt, in oppo-
sition in the report, contended that the 'chore proposed by
the Attorney-General eras the least objectionable, since it was
founded hpon the principle of popular election, end not
entirely upon wealth.—The Vice-Chancellor said it appeared
to trim there were many objections to the scheme proposed
by the Muter; it was very complicated, and there might be
a chant* of its failing altogether. It was true that
wealth was to be taken into cor.sideratien, but
that wall to be subject to vuieue circumstances.
Although the suggestion of the Attorney-Ger.eral might not
Ferber always produce the effect desired, still it would avoid
all dispute as to the persons to be invested with the powers
given by the will, and though such persons might not at the
present moment have all the requisites necessary', still three
was a fair prospect of their acquiring them. He should
therefore refuse to confirm the Master's report.—lt was
ed that the matter should be sent tee.: to the Muter
I:;reni his report.

Defoe Vice-rhancelior Knight }tine.
keronwaY-Onstnan e. CORPOKATION OF BOSTON.—
CIL&IIITY .—The question raised in thia case was whether,
under a charter of Philip & Mary, the surplus income of
certain charity lands, after providing for the specific objects
mcntiotted particularly in the charter, ought to be devoted
to an extension of the specified charities, or might be applied
to the genera martwes ef the corperatiou. The charter was
made in the year 103, and after recitirsr that her Ma-
jetty's borough of Boston was an tincient borough,
and that eighteen ;riots, fifteen clerks, and twelve poor 1
men had been latzly maintained within the borough,
for the glory and honour of Ood, out of the issues and re-
venues of certain lards, tenements, possessions, and here-
ditaments of certain guilds and fraternities erected and
founded within the borough, and that by virtue and under
pretence of a certain act of parliament, made :n the reign of
her Majesty's late dear brother Edward VI., to the dissolu-
tion of divers charities, colleges, guilds, fraternities, free
chapels, and other thing', the said lauds, tenements, poems-
aims, and hereditaments bad come into the Lands of her
Majesty's said late brother, under pretence whereat divine
worship and the relief and support of the poor inhabitants of
the borough were withdrawn and token away, to the ex-
• treat, grief of all honest inhabitants there, the charter pro-
ceeded to withal. that her Mejebty, considering that the re-
formation of these enormities, and a provision fur divine
warship, and the maintenance of the poor, and the pious and
Roe& education of the youth of the kingdom,celongeti to
bey royal cillee, did, at the humble petition of the mayor and
of Boston
of newton, andinconsideration of the great charges
s which the said mayor aad burgesses daily sus-
and about the reparation and maintenance of the port
there, and to the end that they might the better be 1
sysoart the charges and expenses of the repairs and
of the said bridge and port, give and grant the
ribod in the charter, being part of the late pos-
se guild of the Virgin Mary, and afterwards of
of Northampton (who had been attained of
to the mayor and buramm a of Boston, to
porattoo for ever, for finding, maiataining,

and establishing for ever a free grammarachool, and a fit
initeer to educate end instruct boys in grammar, and also
for finding two priests for the celebration et divine service
in the parish church of Boston and foar poor inhabitants, to
pray for the souls of her 'Majesty and her ancestors.
And her Majesty willed and ordered that the corporation
should lay oat, expend, and convert all the Wines, rent', and
profile of the land "ad sustentationem pedagogi et sue-
Belida
.predict' npellan' et pauperism predict'
ld
elEgi neeestana predict' burgum ivelsohim capellence et
purees predict' et sustentacionem et manutenencionent
eorundent tantammedo Moyne& et coneernentla." The
whole charter was in latin, and the question turned princi-
pally on the oonstruction of the last clause and the meaning
of the abbreviations of the words in the original document.
—Mr. Swanton and Mr. Metcalfe supported the informa-
tion; Mr. Wigram, Mr. Bacon, Mr. Russell, Mr. Campbell,
Mr. Malin., Mr. Elderton, Mr. Spurrier, and Mr. J. D.
Chambers. appeared for the various defendants.—The case
was beard some days since, and the ViceCbancellor now
gave judgment. His Honour said that the question of con-
struction was one of some nicety. In support of the in-
formation, it was contended that the introduction of the
passages relating to the port and bridge might be explained
by adverting to the arcumstanoe that the charity
estates, if applied to the strictly charitable objects
of the charter, would relieve the corporation front the bur-
den of making any provision for them, and would enable
them thereby the better to maintain their bridge and port.
On the part of the corporation the last clause was particu-
larly relied upon ; and it was contended that any purpose
appeetaioing to the borough was within the words of tluA
provision. Mit Honour, however. 'Wight that the weed
" burgum" might be a natraetien dtr"bougeodual," set'
withstanding the atones 4 lbe use quid d Or weld
being so contracted ; an minion whisk stmeaffintes ereetuemi
The abbreviation, " predict'," would then mean "raide-
r= " and the scope of the charter would be confined to the
charitable purposes specified. It was sufficient to say that
this was a rational conjecture to answer the argemeeets
founded by the corporation upon another eonetruotteeei *a
rtieNe. urlin:sed"n Teudmi, gon theh
conjectureowi l without tb:esitru freshen`,
the coadmion, that the whole contents of the insinas4
exhibited an intention in favour of religions p
education, and the relief of the poor excluded=
that, therefore, the rents of the lands were 114
applicable to any other purpose. It had been cow
tended that a different construction might be decimal
from usage, and evidence had been gone into on that subject.
His Honour, however, was not satisfied by it that usage Wm
in favour of the present contention of the corporation. The
matter must approve of a scheme for the future administra-
tion of the chanties, and, in so dein „ must consider whether,
having regard to the present population and circumatances
of the borough, something beyond a mere grarnmar•tchoel
might not be &nimble. There was a dispute whether mu-
tant lands were charity lands or not. As to this, an issue
must be directed. And them most be an inquiry as to a
sum of 7,0001., which was alleged to have been charged by
the corporation upon the charity 'lutes in 1302, being part
of the expenses ot the bridge.
BAHL OP STAMFORD e. HUDDERSFIELD AND MAY-
I CHESTER RAILWAY AND CANAL COMPANT.—INJUNCTION.
—The plaintiff is a minor, and an injunction bad been oh-
, tained on his behalf ex parte to restrain the company from
sinking a shaft on a portion of his lands near the road from
Stalyeridge to Huddersfield. Mr. Rasta and Mr. Malian,
on behalf of the company, now moved to dissolve the injucc•
tion, on the ground that negotiations had taken place be-
tween the company and the agents of the plaintiff, and had
been some time in progress, and thst the bill and the affidavits
on which the injunction had been granted, kept back alto-
'tether this circumstance.—Mr. H. Prendergast, for the
plaintiff, said that these negotiations had been wholly un-
known to the town solicitor of the plaintiff at the time; they
did not. however in (set, affect the piece of land in question.
—The Vice.Chaacellor thought that the suppression of the
fact of the pendency of the negotiation was fatal to the
ex-parte injunction, although it had, no doubt, taken place
without any bad intention, sad merely from a want of
acquaintance with the practice of the court. The injunction
must be dissolved without prejudice to another application
notice.

ARCHES COURT.
THE °MCI ow THE JUDGE PROMOTED DT BURDER V.
THIS REV. ME. MATOR.—HCT MOjegy'll proctor asked the
court to decree a notice of contempt in this cue, the citation
baring been duly served end no appearance having been
given. The court granted the application.

PREROGATIVE COURT.
WINTLE AND DOWDING C. FORD.—ALLEGED FORGERY
of A CODICIL.—In this case Dr. Addams and Dr. Robinson
were heard to prove a cue of fraud end forgery of a codicil
alleged to be, and propounded as, the last testamentary
act of a Mr. Stark. The question mainly depended as to
proof of execution of the paper, and who should be con-
demn& in coets.:Mr. Ford has • in forma pauperia.—
Dr. Addams naked the court to pronounce against the codi-
cil, and for the proved will and codicils of tke deceased, and
to condemn the propounder of the codicil in costs.—T be court
asked Mr. Ford, who was present, if he bad anything to say
upon the subject.—Mr. Ford said thewild was as good a out •
ever was made, and that his brother intended him to have the
moiety. That wu all he had to say.—The court gave judgment.
The deceased Mr. P. Slack died in July, ISO, leaving •
considerable property, of wh;ch he beq,ueathed part to
charitable institutions and part to private friends. Ile made
several testamentary instruments, and the court thought the
last propounded had not been satiatutorily proved. The
capacity of the deceased was undoubted at the time the
regular will and codicils before the court were executed.
The question lay in a narrow compass. Was the paper in
dispute proved to have been executed by the deceased ?
There was nothing to induce the court to believe that the
deceased intended to leave • moiety of the large property to
the party propounding the last paper. Re would not, under
present circumstances, make any order as to costs. The
court then decreed probate to the real will and codicils of
the deceased to the executor therein named.

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