The Express.
London, England, 1851-11-04 00:00:00

IRELAND.

DCBt.tS, Masai:lr Evesiso.
In the Court of Queen's Bench this day the case
of the pruprietor of the 'Pg.'', newspaper rersma Sir
William Sonar, ille came Dm
Sir %Vas. Somerville, the Chief Secretary of Ire- I
land, moved that the bill of particulars furnished in I
this ease by the plaintiff, Mr. James Birch, the pro-
prietor of the frond newspaper, be amended, by
setting out a full and accurate statement, which
would unable the defendant to know for what
the action was brought. Sir W. Somerville
bad made an affidavit, in which he stated that the
bill of particulars furnished with the declaration did
not 'freed him the necessary information to prepare
his defence, and that it was necessary that he should
have it fur that purpose.
Messrs. Whiteside, Q.C., and M'Donagh, Q.C.,
opposed the motion. on grounds of irregularity and
upon the merits. The plaintiff had made affidavit,
in which he stated that the action was one for work
and labour, and was brought to recover the sum of
6,31011. from the defendant foe services rendered
to him as chit, f secretary, 6,0001. for writing and
publishing articles in support of government for
two years and a half, and :1001. for newspapers
forwarded to various parties by the defendant's
direct' during that period. The affidavit of Mr.
Birch further stated that Sir W. Somerville well
knew what the nature of the action was, and coun-
sel contended that, under the new rules, it was
incumbent on the defendant to hare sworn that he
did nut know the nature of the demands to entitle
him to an amended bill of particulars. It was also
relied on that the copy of the affidavit of the defen-
dant fungi:dud to the plaintiff was not in compliance
with the act of parliament. as it did not appear by
the jam! to have been sworn.
Mr. Perrin having shortly replied for the de-
fendant,
The Chief Justice said the motion should be re
fused upon the technical points raised against it, but
they would not give costs,
as it was evident that the
hill of particulars furnished was an illusory docu-
ment, nand:and to mislead—it was, in fact, a misno-
mer to call it a hill of particulars.
A second edition of the Leinster E.rpresB of this
morning contains the following particulars of
another murder in the Queen's Count T. Between 6
and 7 o'clock on Saturday evening, Edward Horan,
a stonemason and fanner, accompanied by a number
of men, entered the lawn of John Flynn, of
Brittle near Nlonntnielliuk, and commenced level-

ling an outhouse to which he had (et up an
imaginary ehtim, though it is two years since he
had Men di,pos.sessed of it. Flynn came out to
resist the work of donslition, when the party turned
on him in u fer,s•ious manner, and beat lam with
atlas and pitchforks to such a deem: as to leave him
unable to stund. Flynn's wife was also beaten se-
verely, and ravelled two stalks of a pitchfork. The
party having levelled the out house kft the scene of
outrage. Flynn lingered in great agony until 12
o'clock yesterday, when he died.

SPORTING.

TATIERSALL'S.--MoNDAY.

Owing to the mother of accounts to be settled for
Newmark. t, tit•• kilecom Autumn Handicap tittnieted little
notice until Lite in the ere it, when a few transactions
were beiriked, kart and Stafford being mot in favour;
Don l'inirto WA% barked in the early part of the afternoon at
6to 1, Inv needed necr the finish to 6 to 1, layer.. The
fellowinj were the oluot.ition. at On How of the mom:

11111011 Ai ruff MANDICAP,
9 to I .c.l Mr. N. L I /are. 6.11.4 0..99 S w I)
- N.. 11.141,e.6%.• lb 0 1.01/0
tu 1 -- Mr. Pato... ,t .Itsnl
lb Itt 1 - Ur. 1. ....I.ber.O. Alp t)
10 to 1 C.pt.4o 11.0.1.ittlt• two.'" (1)
If It. 1 wt.'s 1141:411.194 (I)

tottititY.
Z. Is I sipt I Qui Z tlmtd'a Ottlitur (t)
100 t. 13 I oreJltio.olvo bee'. litt.pexe (t)
....LS Ili
.1 Mr. 24, II taltre.Wirn.lol47,

10;11; Ipetl Y bon'. klub-m.ln
Ito, to Mr. J. Artoo4'eLittle II iffy t)
IWO to Per J. ley'r ithelvotoibe ,t)

Womrr.tey war hae1.....1 lor thew or four hundred pounds
at WU') to 311, 1400 to :to, and !•i to I.

Sru Jouspit 11.1 w y hAs announced hie iutentinn to retire
from the turf, :ma to ...end all hi. horses to Totten:ill's, to
be odd ui,lrout rt,erve on Monthly week the brood mares
will nut be put up until the sprie.4.

EPSOM AUTUMN mEETixG.

V Nl4lllr, 7 Wecocr,-..

The fo:lou in., are arrival. up to the preeent time

1 l'i,lOAV --Handsome Due, De
ceitful, stiae, Ill...nice, Fallon Deer, 11 reoce, Olc,e
rult, I..rry-hirl, cult by TOM 11,V.110 out of Euolll'4ll.'B
dam, filly by Leicre at out of l'y therm, The Monk, Lady
Blanche, Dorothef, colt by Faugh-iellallagli out of Delia,
a. by 141,er...t0ne out of Leila, Kate, by Epirus uut of
Joanna, f. by lthisnelll4lll by the Saddler, Sauter-la-Coupe,
Alp, Arhyranth,,, Flyaway, Stafford, Bri-
tannia, befits, Dun !'.•k°, Ingratitude, Simplicity, Reple-
tion, Q 141.11,111, Alfilante Wharton, Wee Mickey, Teta-
crater, c. by Charles XII. dam by Touehatone, laiundry-
maid, Snuffers, Arlene, Shropshire Witch, Manifold,
Nauteh Narciram, thy, Miss Wool-
gar, Hampton, llcra.hel, Sabra, and Brawn.
nu: STletri.triivsE, AS fir KOLE RAClL—BritiNh
Yeomen, Milford, Maria Day, Spring Buck, Muria Monk,
Imre.% *1 he Briar, Saari niter, Guinan., Jack Able, lAnk-
boy, tt lathy, Sir Forest Lad, Auctioneer, Lod-
dinatout, Docility. Belmont, Michael Brunton, Gimcrack,
and Torpne.
dome I,en :we 'Kneeled.

DAILY WEATHER TABLE•

Turnnkv, Nov. 4, MIL
each of the following plum at
wonting. The shame an

nalithwuad. et I Mut* et Weather.

EAtn fnteiiigence..

EQUITY cotinrs.—YESTERDAT.
LUSIaI
THS ATTOKNET-IiSHLSAL V. THS CORPOHATION OP

. ......
Their lordships Lasing been swans in before the Lord
Chancellor, took their teats in the court formerly occupied
by the Vice. Chancellor of England. Mr. Stuart, Q.C.
(with whom was Mr. Drooksbank), proceeded to open the
present appeal motion against an injunction granted by
the late Vice-Chancellor of England, in May, 1848,
whereby the corporation of Norwich were restrained
from solLiting, at the cipeliNe of the borough
fund, • bill in parliament to enable them to im-
prove the navigation of the river which flows through the
city of Yarmouth. The injunction, it appeared, had been
granted on the ground that such an application of the
borough fund was not authorised either by the Municipal
Corporation Act ur by • certain local act (2 and 3 Vic. c.
63), by which the application of the borough fund WAS re-
gulated.
The learned counsel had only partially opened the cam
at the rising of the court.

1111.11.12 tee Lean then Cll4 NCR inane Ever. Ann.
Yesterday being the first day of Michaelmas term, the
supreme courts in Westminster.hall were opened, with the
exotomary th.plav of the remnant of judicial pageantry,
which has Pllrvis4:rl the innovations of time.
The Lord Chaneollor took his seat at half-past one, Lord
Cranworth and Sir J. Knight Bruce, the newly-appointed
Lords Justices of the new equity tribunal, his Honour Sir
George Turner, the Vice-Chancellor, and the two new
judges of the Vice-Chancery Courts, Sir lt. Kinder,ley and
Sir J. l'arker, being on the right and left. Ills lordship
having shaken hand. with end congratulated the newjudges
on their appointment these learned personages repined to
their respective courts.
Another ceremonial then followed in the introduction of
the gentlemen who have since last term received silk gowns.
Mr. Willeock, Mr. Nrillinore, Mr. Slade, Mr. Mellor, Mr.
Phillimore, Mr. l'ushley, Mr. Warren, Mr. Bramwell, Mr.
Atherton, Mr. Hugh Hill, and Mr. Hargreare having ap-
peared in lull bar costume, the Lord Chancellor, addressing
them severally, intimated that the Queen had been pleased
to honour them by appointing them of her Majesty's
counsel. The learned gentlemen were then called within
the bar, nod having made their obeisance to the Lord Chan-
cellor, they departed to go through the same ceremonial in
the other courts.
His lordship proceeded to hear one or two routine motions.
Is the matter of the winding-up of the National Land Com-
pany, Mr. Roxburgh applied to have the proceedings trans-
ferred from the coart of Vire-Chancellor Knight Bruce to
the court of Vice-Chancellor Turner, which was granted by
his lordship.
ZALCP.T.% T. VINENT.—IXJV.VCTION. .

Mr. Loyd resumed the argument in these appeal motions,
partly heard, but had only made a very short progress with
his argument, when his lordship intimated that his duties
called him elsewhere, and the court ruse soon alter two
o'clock.

F{/.Tarpei! 51,nrv.i! or TN% ROLIA.

-----
The Master of the (tolls took has sent on the bench shortly
before two o'clock. _

The only husniesii on the paper for the day consisted of
motions. Of these sever4l were postponed till the uvzt ►eat
day, the rest were motions of course.
BI:SINISY or Tilt CCIVRT.

His Honour stated that he .601141tarc;elaitns with ordi-
nary tames so they appeared on the paper, or, at all (Teats,
on Satiardas. The el.iitus would be taken in their turn,
and a curtam number of claims would be placed uu the pa-
per, to be heard after the short causes and petition* on
Saturday*. _

Bn nrs Vir.aimgerLuA
BrAltiLOW r, ONFoteD. WustrATEIL, AND WOLVille

111AMPWS RAILWAY CONTPANY.

The Solicitor-General (Mr. Shapter with him) moved fur
an injunction to rests-tin the defendants from taking pos.
session of certain portions of laud required by them, and
mentioned in a 11.,tiCC which had been served on the plain-
tiffs on the 2ith ilea., and in the schedule to the defeuz-
auee of a bend which had tweu tendered to the plaintiffs on
the 14th of August, or from committing any waste, or from
taking any step. towards the emnpulsory purchase of the
same. Notice of the motion had been given in the vaca-
tion, and it was arranged to argue the case on the first day
of term. It appeared by the affidavits that the plaintiffs
were the occupiers of a manufactory of iron anti tin plate
aituate at Horsley fields, Wolverhampton, and that the
Oxford, Worcester, and Wulverhanipton kailway Devia-
tion Act, under which the notice was given, received the
royal assent upon the I Ith August, 1848, and ineorpurated
the provisions of the Lands Clauses Consolidation Act,
which limits the time fur the compulsory purchase of lands
to three years from the passing of the special act, and in
the present case the time would, therefore, expire on the
14th August, 18 /I. On the 25th June, ISil, the company
served the plaintiff, with notice that they required to pur-
chase, fur the purpose of the railway, certain portions of
land marked No. 161 un the deposited plan; and they also
served on the same day a second notice, stating that they
' required a piece of land marked 161 (a). This was a road
which passed within the manufactory, and over which
another permn, of the name of Craig, hada right of way.
The plaintiffs immediately servcd a counter notice, to the
effect that they were nut compelled to sell .a part of the
manufactory, and that they claimed to sell the whole, and
that the price of the whale was 00,000/., exclusive of com-
pensation to Craig fur the right of way. The company
dis-
puted their liability to partici* the whole, and some nego-
tiations took place betweeu the solicitors of the parties
without any result ; and on the 14th of August the com-
pany tendered to the plaintiffs a bond, with two sureties in
the amount of 5001. each, the defeat:ince reciting that the
portions staksl in the schedule were required for the pur-
poses of the railway • that the price had been fixed by sur-
veyors at 1501., and 3001. fur cu.npensation for injury ; and
that they had paid the amount of 300/. into the Bank of
England. This bond was returned on the 3rd of September,
accompanied by a letter from the plaintiffs to the defendants'
solicitor, iu answer to which the latter wrote elating that the
case did nut come within the provisions of the 92nd section
of the Lauds Clauses Consolidation Art, which made it
compulsory on a mummy to take the whole of a manufac-
tory if the owners were not willing to sell a part i because
certain classes had been inserted in the special act which
estopped the plaiutiffs from raising that question. The
plaiutiffs, un the other hand, alleged that those clauses had
!wen inserted without tiny euneurrence by them, and were,
in feet, intended only to protect the interests of Mr. Craig.
The company also contended that the portion, which they
sought to purchase were not a part of the manufactory
within the meaning of the clause, because they had been
built since the j.111.111g of the statute, anti also that they
were nut essential parts of the manufactory. Three points
were now made on behalf of the plaintiffs in favour of
granting the iejuuttion—first, that the time far compulsory
purchase had expired before the legal title of the company
was completed ; eccoudly, that even if the legal title was
completed, this court would restruiu the company from
taking 1/1044384011 when the object of the act could not be
carried out ; and, thirdly, that the portions required were
parts of the manufactory.
Tha arguments were out concluded when the court rose.

Rums Voes-Cormtcruoa Ma MORRO At
Corxra r. o.tituArr.—LrArs TO FILE A Srscut.

CLAIM.

This was an application for leave to file • special claim by
an equitable mortgagee, to have a legal mortgage executed,
and for a receiver and foreclosure.
Mr. Waller, who appeared in support of the application,
said the clerk of re:eras and writs bad refused to receive
this claim without special leave being obtained.
'Cho Vice-l'hancellor said he considered it • very proper
ease for a claim.

D,rtlY VICIL,CMINCRLWIt
Hi, Honour took his seat in one of the committee-rooms
of the llouse ,if Commons, which had been fitted up as the
court for this day.
kle,isrs. Ingham, Wilknore, Slade, Phillitnore, Mellor,
Warren, l'ashley, Dr-unwell, Atherton, 11. Hill, Hargrave,
end Ileadlam, haring been appointed Queen's Counsel,
were called within the him.

TIIE ATfI.I/YKT•QENEIIAL T. CROFTS.

This cause came before the Vice-Chancellor Knight Bruce
on the Sth of June last. The question then was as to the
application of a ligary of 1,0001. bequeathed for the pur-
pose of purcha,iiig communion plate fur the parish church
of Frampton-on-severe ; of 500. for the purchase of a da-
mask cloth fur the communion table ; and 5001. for a rail-
ing_in tha churchyard.
Mr. Hallett now moved that the cause might come on,
upon the consideration of a scheme, on Wednesday neat.
The court gave have accordingly.
The other motions were not of any general interest, and
the watt wee at halt-put two o'clock.

COURT OF QUEEN'S BENCH.—YrnEsnAy.
5.•11..-1/111011 Li frusta, JIMICII I.IIT.

Jeanne iiioiroux.
This being the first day of Michaelmas Term, the learned
judges of the common law courts breakfasted us usual with
the Lori Chancellor, and subsequently went in procession
with the equity judges to Westminster Hell, where they
arrived about two o'clock.

tat raa's Covoszt.
The following gentlemen, members of the Chancery her,
having been appointed Queen's Counsel, appeared iu court,
sad were called upon by the Lord Chief Baron in the usual
lona to take their seats within the bar : Messrs. J. Camp-
bell, Chandless, Elmsky, Willcock, Coulson, W. T. S.
Daniel, J. Billy, Glasse, Craig, one J. Anderson.
The undermentioned members of the common law bar
having been clevati d to the rank of Queen's Counsel also
took their seats within the bar:—Messrs. Ingham,
WQ-
Me*, Slade, J. G. l'hillimore, Warren, Mellor, Pashley,
Bramwell, Atherton, Hugh Hill, Hargreste, and Ilea-
laa.

CRIMINAL INFORMATION AGAINST THE CARLISLE
JOVBRAL," POll AN ALLIGID LIBEL ON THE EARL OP
LONSDALB.

1 H; F. itiesiger moved for • rule to show cause why a
criminal iadeneation should not be filed against James
Steel, the plater and sole proprietor of the Carlisle Jew,
wal, he • HMI published in that newspaper, of the 15th of
Amos* kat, ea the Earl of Lousdale. His noble client
WE Mad various public situations in this country, and like
ohm pis 4ie men had been the subject of severe animadver-
aka in the newspapers. He had, however, never attempted
la an way to ristrain the liberty of the press, consideringit desirable that the conduct of public men should be strictly
etereareed; and he would have disregarded the low and
111111401111 abuse contained in the libel complained of, if
it had aft attacked his integrity in the high situation which
ba Mad of lord-lieutenant of the county in whisk ha
:Wad, charging him, as it did, with the abase

ab• asisolsi fit live, and with eor-
rvialse sho "so MUM the administration of I
jostite. The esaasies wide bid been fastened upon for
ea serialises invalidism ea Lend Lonedele hardly seemed
equal to the serious eentegoesera which had resulted from
it. It arose nut of circumstances connected with the work-
house of the Whitehaven union. The guardians of the.
poor were the tenants of the workhouse; which was situated
In Preston Quarter, and which belonged to Lord Lonadale,
whir father, about 20 years ago, had converted it to its
rt purpose. Additions were subsequently made to it
e present lord, and a rent of 85'. per annum was re-
served, and paid by the guardians to his client, which was
about 5 per cent. on the original and additional outlay.
The subject of altering and - enlarging or rebuilding the
workhouse had engaged the attention of the guardians of
the poor as early as the end of the year 1849, and a commit-
tee was appointed on the sebjeet, who were instructed to
negotiate with Lord Lansdale for the purchase of the work-
house at Preston Quarter. Ilia lordship, acting under the
advice of his agent, asked for 30 years purchase upon the
rent of B.U. per annum, and 4001. per acre for any addi-
tional quantity of land which might be required.
It was immaterial to the present question whe-
ther this was an exorbitant price or not ; suf-
fice it to say that, acting under the same advice,
his lordship had purchased property adjoining the Preston
Quart, r ttorkhoase at • higher rate. The guardians,
however, on the 21at of November, 15.50, unanimously re-
solved that Lord Lonsdale's proposition should not be ac-
cepted, and be, believing from that time that it was entirely
given up, thought no more about it. On the llth of March
in the present year, however, he received a letter from a
Mr. Fox, who represented himself as the chairman of the
committee of the board of guardians, requesting again to
know what sum his lordship would take for the property ;
when his lordship, wishing to meet the views of the guar-
dians, asked a less price than he had dour before. They
however declined the offer ; and proposed, by a resolution
on the Ist of May, 1851, purchasing some property a little
distant from Whitehaven, called Wood End Estate, for the
purpose of erecting a new workhouse. The important date
was the 21st of November, 1850 ; and he would now turn
from the circumstances connected with the purchase to ano-
ther matter, which appeared at first sight to have no con-
nexion whatever with the subject, but which
would be found to have an important bearing upon the
libellous publication of which Lord Leetsdale complained.
On the 12th of December, 1850, his lordship received a
letter from a Mr. Senhouse, • highly respectable magis-
trate in the neighbourhood of Whitehaven, stating that
siuce the Rev. Mr. Featherstone had quitted Muryport, he
(Mr. Senhouse) had not been stile regularly to hold the
petty cessions, in consequence of their being no second ma-
gistrate, and suggesting the name of a gentleman to be
placed on the commission of the peace. Lord Lansdale re-
plied on the 15th of the same month, approving of the sug-
gestion, and stating that as there seemed to be a paucity of
magistrates in the county, he should be obliged by the sug-
gestion
of some other names, the more especially as it was
not usual to open the commission of the pence for a single
name. Ills lordship also stated that he should write to
other parts of the county to ascertain the number of magis-
trates, with a view to increase the judicial strength of the
county, if necessary. The result was that many names
were suggested to him, 30 of which he forwarded to the
Lord Chancellor, upon which • new commission of the
peace was issued, containing their names. And he might here
say that, with the exception of one gentleman, who, when
a former commission was opened, had complained of the
omission of his name, Lord Lonsehde had not intimated to
any ene of them his lordship's intention to recommend his
name to the Lord Chancellor. Ile had acted on the advice
which he had received, and upon the character and respec-
tability of the gentlemen who had been selected. fhe
learned counsel then read some affidavits showing the ne-
cessity of the appointment of additional magistrates, espe-
cially at Whiteliaven, and went on to say that Lord Lone-
dale caused to be Inserted in the commiasPen of the peace
the names of twelve permins within that district, but only
six qualified, two of whom had previously been elected
guardians of the poor; and Lord Lansdale learnt some
time after tho appointment of those gentlemen to the office
of magistrates that who a they hail qualified they became
ex officio guardian; of the poor. Ilia lordship, in his affi-
davit, stared that he was nut aware of this fact until some
time alter the nomination of those gentlemen to the ma-
eistraey. The rateable property in the district was
99,0001., of which his lordship povesseil one sixth port.
lie had, therefore, a deep interest in the due administra-
tion of the poor rate ; and having ascertained
that a qualified magistrate became an cx officio
guardian, he insisted upon the exercise of such
right. It would be difficult for anything but the
most perverse and malignant ingenuity to discover any con-
nexion between the purchase of the property at Preston
Quarter by the guardians of the poor, and the selection of
gentlemen to be magistrates of the county ; but that inge-
nuity existed in the mind of the writer of the article in
question, who clearly and distinctly attributed to Lord
Lonsdale the selection of the magistrates because he knew
they were to be ex officio guardians, and that they were
chosen with the understanding that they were to do his
bidding. Disregarding utterly the scurrilous abuse in the
libel complained of, Lord Lousdale felt that it was due to
himself—to the public—and he had almost said, to hie sove-
reign. whose delegated authority he held, to come forward
and vindicate his character. The learned counsel here read
the article complained of, the substance of which was that
Lord Lonedale had selected these gentlemen for the magis-
tracy became ho knew they would be ex officio guardians,
and because he knew they would be ready to do his bidding
as to the purchase of the workhouse,
The learned counsel was proceeding with the article
when he was stopped by
Lord Campbell, who said that enough had been shown to
entitle bins to a rule. Such au offence imputed to a lord-
lieutenant was of a very grave character.
Rule granted.

BAIL COURT.—YesTERDAT.
Prrn!o. tt.,co.r-it.....x N. Jr•TICK Lit..

' Ilia lordship presidia in this court durinit the present
term, and took his seat upon the bench shortly tefore two
o'clock. After some unimportant motions had been die-
posed of the court adjourned.

COURT OF COMMON PLEAS.—YESTERDAY.
Btrnaus IN NAN(lL—liklura. Caw JCIITICL MIL Jtartcs
*tura, Ma. JUIII ICS: %V ILLSISSaI, Lisa Ma. httstK TALI'S:LAW.
Their lordships took their seats upon the bench shortly
before two, and at once went " through the bar," but, as no
motions were made, the only business transacted was the
admission of the following gentlemen. who had been ap-
pointed Queen's Counsel, to seats in front of the bar, via.,
Mr. Campbell, Mr. Chundless, Mr. Elmsley, Mr Willcock,
Mr. Colson, Mr. Daniel, Mr. Bayley, Mr. Glass, Mr. Craig,
and Mr. Anderson.