The Express.
London, England, 1849-12-17 00:00:00

SCOTLAND.

THE GLEN TILT CASE.—SCOTCH LAW JARGON.—
The following announcement of an important decision of the
&Wish bench is from an Edinburgh paper, hut conveys no
information whatever to persons not technically canv-runt
with Scotch law terms :
This case, involving the public right of way through
the valley of Glen Tilt between the village of Caatletown
of Brackens: and other places in the valley of the Dee,
and the village of Blair Atholl, &e., in the valley of the
Garry, alter frequent discussion before the Lord Or-
dinary, came before the First Division of the Court
of Session on Wednesday, in the form of a reclaiming
mote in behalf of the Duke of Atholl against the inter-
locutor pronounced by Lord Ivory on the 15th of June
last, sustaining the title of the pursuers to insist in
the action, and finding the defender liable in the ex-
pense of the preliminary discussion, and on the merits
reunite to the issue desk for preparation, with a view to trial
Indian a jury. The pursuers in the ease were Alexander
To, rie, Esq., advocate, Aberdeen ; Robert Cez, E'q , W.S.
Edinburgh; and Charles Law, Esq , merchant, Perth ; and
the concluiioas of the summons were to have it declared
that the "old road communicating between the village of
Castletown and Braemar, nod other places in the valley of
the Dee, and the village of Blair Atuoll, and other places
in the valley of the Garry, in so tar as the same passes
..hrongh the property of the defender, is a public road; and
that the pursuers and all others ate entit.ed to the free and
lawful use and enjoyment thereof, as of any other public
road;" and also prayinc to have it deel 'red that the de-
fender should immediately " remove all gates, fences, or
Aber obstructions likely to interrupt passengers either in the
said old road, or is the new pierce substituted for parts of
the same," &c. The Lord President announced the unani-
mous judgment of the court, adhering to the interlocutor of
th^ Lord Ordinary, with additional expenses.
We are obliged to yesterday's Examiner for what we hope
is a correct translation of the above :
A most important decision has been given in the Scotch
outs upon a point raised iu this case. In the first division
it the Court ol Session, on Wednesday, the decision of the
Lord Ordinary in favour of the title [to sue) of the your-
suers was unanimously sustaked. The judges, the Lora
Justice-Oeneral, Lord Jeffrey, and Lord Mackenzie, were
ma clearly in favour of the title that they declined to hear
my reply fur the pursuers atter hearing two counsel for
the duke. The pursuers in the action are parties at a
diatance from the road through Glentilt. The objection
taken by the Duke of Athol was that they had no right
to come into court unlesa they belonged to the neighbour-
hood. The effect of the finding, u the judges have put it
is the important one that every inhabitant of Scotland is
entitled to raise an action to vindicate a pubic road for
the public use.

UNIVERSITY AND CLERICAL.
CXMlinlidig, Dec. 15.—At a special congregation bonen
this day, the following degrees were conferred : B.D.—J. A
',remit. Trinity College ;W. Selwyn, St. John's C ge
B. Smyth, Jesse (Akio,. Crotiten
den, Downing College.
There will be congregations on the following days at the
ensuing Lent Term: Saturday, Jan. 26 (B.A. commence-
ment) at 10; Thursday, Jan. 31, at 11; Wednesday, Feb.
13, at 11 (Ash Wednesday) ; Wednesday, Feb. 20, at 11;
Wednesday, March 6, at 11 ; Friday, March 15 (M.A.
Inceptors) at 10 ; Friday, Much 2t (end of term) at 10.
Br. CULLERS, BunBEditm.—Three exhibitioners
will be elected on the foundation of this 'witty, on the Gth
of Ftbruuy, 1850, at New Shoreham, and candidates must
be members of the University of o:ford or Cambridge, and
must either have taken a degree, or be in the last year of re.
sidence. The /Hun of souk exhibition is 501. per annum.
and they supply a title to holy orders. Fell particulars may
be had on application to the Rev. N. Woodard, Sr. Nicolaa'
Coil ge, Shoreham, to whom must be sent the name, age,
and date ~f matriculation of each eandidate, together with a
certificate of good corduct, from the head of his college or
hall, on or before January 27th. The electors are the Arch-
deacon of Cnich,ster, the Archdeacon of Lewes, the Provost
of St. Nicolas' College, and the head muter of the New
Soorehant Grammer-school.
Courts CHRISTI COLLEo3.—TheEistbridge Scholar.
ship at this college has been appropriated to Mr. Robert
John Ilium, and Mr. Edward Gordon has bees appointed
to one of the scholarships founded by Sir Nicholas Bacon.
CONSECRATION.—The Bishop of Clientr consecrated, on
Wednesday, the New Church of Saint Peter, Leighton, cum
Mioshull 'Vernon, in the township of Minahull Vernon, in
the parish of Middlewich, in the county of Cheater. The
original church of St. Peter, Leighton, although consecrated
but a few years since having become dilapidated, was some
time sauce taken down and the church just consecrated was
erected on a more economical site. It is a handsome and
substantial structure, built of atone, and containing seats for
216 persons, which, with the a:caption of two pews are free.
It has a cemetery attached and a parsonage house is in the
course of erection. The land was given by Eiward Loyd,
Re., of Manchester, banker, and the church has been built
by the did of subsoriptioas and of grants from church build-
ing societies, inclading one from her Majesty's com-
missioners.
PetePhituvit.—Rev. W. Clarke, to Firbank P.C.. West-
moreland, dio. Ches , value 831.: patron, Vicar of Kirkby-
Lonsdale, vacant by resignation of Rtv. T. Andrew, the late
nt
Vac:stem—The chancel!orship of the diocese of Bangor,
by the death of the Worshipful Hugh Wynne Jones. The
Appointment, which is of considerable value, is in the gift of
toe Bishop of Bangor.

NAVAL.
Powturorrit, Dec. 18.—The Argus, st..aloop, designed
hy John Fincham, E.q., master shipwright of this dockyard,
to carry engines of 350 horse-power, was launched this
morning. She was laid down soon after the Arrogant was
launch d, having been about eighteen months building. Her
dimension. are:--Length between perpendiculsn, 190 feet;
length of keel for tonnage, 168 feet 4 inches ; breadth, ex.
teem., 33 feet ; breadth, moulded, 32 feet 4 inches ; depth of
hold, 20 feet 11 inches; burden in tons, 975. Tne keel
of the Royal Sovereign (120) is to be laid down on the clip of
the Argus. Her timbers have been some time out out and are
tolerably seasoned. She is to be builtby task ;120 shipwrights,
hesides labourers, are to be employed to oomplete her frame by
the end of the financial year. Toe sum allowed for the purpose
is 2,5072. to put in frame, dub to anntling, &e. She will
be commenced on Monday.—The Furious, steamer, is now
building on the third covered slip. She is of greater tonnage
than the Argue, and will be launched in about three months,
when the Marlborough will be laid down on her vacant slip.
There will be then, on three contiguous covered slips, the
three large 120 gun ships—the Prince of Wales, the Royal
Sovereign, and the Marlborough. They are all to be of one
lesion and size, on the improved lines of the Queen, 110,
with saneioued alterations therefrom by Sir B. W. Walker.
There will be some difference in their dimensions and thee"
of the Queen ; this latter vessel being—length between per-
pendiculars, 204.21 ; keel for tonnage, 166.54 ; breadth ex-
treme, 60 ; depth hold, 23 9 ; and burden in tons, 3,104 ;
whereas the dimensions of the three new ships will be—
le meth between perpendicular.,2lo ; keel for tonnage,
hreadth, same as Queen; depth of hold, 241 ; and burden
in tons, 3,186 61-94.
WOOLWICH, Dec. 15.—Investigator, Arctic discovery
ship, was docked yesterday to be coppered and prepared for
sea with all expedition. The f Mowing offizers have been
appointed to the Enterprise:—Geo. A. Phayre and John T.
Barnard, lieutenants; Francis Snead, secoud master ; Edw.
Withehea.l, clerk in charge. The only orders at present re-
ceived are to get the vessels ready immellately, but no time
has been named for their departure, and it is questionable
whether they will leave England before the spring of 1850.
i The mere question of their departure rests urn the receipt
of advice* from the Plover, and as this is a matter of saw
uncertainty, it is idle to speculate on the plan that is likely
o be pursued with regard to the departure and course of this
vessel,. lithe Plover has received may intelligence of Sit
JAn Franklin, we may receive inhellineuce, rid Charm,
at an earlier day than we anticipate. In the meantime every
eftzt is being used here to get the vessels ready for sea
mcdiately. Desperate, st. sloop, was unlocked yesterday,
having been coppered. Hermes, st:v., is ordered to be
brauatit forwara for commission. Nankin, 60-gun frigate,
which was announced to be launched early is January, will
nor, it is now stated, be launched till the latter end of Feb-
ruary. Terrible, et. frigate, Capt. Hope, is still entering
men, and will be ready to leave Woolwich in a few days.
—Ships, &c., in Harbour: Fisgard, 42, Capt. II Austen,
; Terrible, if. frigate, Capt. Hope ; Black Eagle, st.
yacht, Master Commanding S. B. Cook ; Lightning, st..y.,
Master Commanding J. Petley ; Monkey, at. tog, Second
Master W. Brian; Sampson, Advice, Jasper, Grappler,
Minx, and Ariel at. Dock : Enterprise, Capt. R. Col-
tinsels, C.B. ; Investigator, and Retribution, at. frigate.—ln
the Basin : De. perste, Vulcan, Alecto, Hermes, Rocket,
Inflexible at.-vessels.

MILITARY.
MILITARY AND NAVAL COLONISTS.
The following important memorandum and letter on this
sial,ject have just been pablishcd, for the information of the
army and navy :
.• MEMOIL11.:131:31 —HORSII GrAILDS, Nov. 2t.—The
Commander-in-Chiet publishes, for the information of the
cfficers of the army, the annelid copy of a letter and enclo-
sure from the colonial department, communicating the
terms and conditions fixed by the Seeretary of State for the