The Express.
London, England, 1849-01-29 00:00:00

UNIVERSITY AND CLERICAL.

--•-
C•YANIDOM, JAN. 27.—8 A. ExAYINATION♦ 1849.—The
following list was batted last malty, after the but train LA left for
London :

QUESTIONINTS NOT CANDIDATES FOR 110NOUR1.
Tooth Clare; or, firt Clad of Ord,,ory UMW.
Beet, Trio. Lester, Christ's. Motet, Kaman.
itlayds, Trin. Lovelock, Job. Smethurst, Trio.
Campbell, Corp. Lush, Corp. Stuart, Joh.
Collins, Christ% Millar, Christ's. Tottalibam, Trio.
Crane, Queen' lion. L. Neville, Magd. Valentine. Job.
Deere, Trio. Parsons, Joh. Walker, T., Joh.
Ford, Queens' Pearaon, Queens' Ward, Trio.
Gilbert, Brum. Phillips, Christ's. Wavon, Trill.
I In. IL C. Herbert, Job.Piuborn, Joh. Hawn, Juh.
11 mabley, Trim. its Trin. White, C., Joh.
Kirk, Job. Read,
Fifa Class; or, tiecond Voss of Ordinary Drolly.
Aubertin, Joh. Helyar, Job. Barium, I.:cohort.
Ayrea, Joh. Hewett, Trin. Sealy, Pet.
Bartlett, Batman. Host, Jolt. itherwen, Trio.
Borekhardt, Pet. Hutton, Joh. Simpson, Trio.
Charlton, Queens'. Jones, A Joh. Smith, W. L., Thu.
Cholmondeley, Via. bones, W. T., Queens'. Taylor, Corp.
Copper, Job. King, Emmen. Thomas, Call,.
Crowther, Joh. Loag, Trio. Walker, J., Trin.
Franks, Trio. Hann, Pet. Whaley, Cltris'a.
Freetb, Christ's. Mortkek, Calms. WlVde, Trin.
Gilhaaks, Clare. Noyes, Trio. Willoughby, Trio.
Gill, Emmen. Packer, Cath. Woodhouse, Cants.
haddock, Clore. Rodgers, Clare. Wrill, bra.
Hall, Job.
Sixth Class; or, Third Class of Ordiasry &ref..
Ansley, Cahta. Gurney, Perob. Prenderpir , Queen'.
Barton, Joh. Harris, Christ's. Ram, Job.
Blunt, Clare. Heartley, club. Blond, Clare.
Bunnell, Cetus. Hodgkins's, l'et. Roswell, Job.
Byam. Min. Jargon, Trin. geltrbi, Joh.
Dale, The. Law, W.' Shaw. Trim. H.
Eaten, C. 0., Trio. Lewthwalte, Trim. Smart, Trio.
Gay, Maid. Machin, Eaten. Taylor, h., Trin.
Gibson, Joh. Meggiaon, Job. Turner, Monti.
Gilbert, Cath. Moore, TIM. Vivian, Trio.
Gill, Corp. Outhwaile, Corp. Weeton, Joh.
Glossop, Trin. Plailpot, Cahn. WhiAler, Kmm.
&Tenth Class; or, Finsra Class of Ordinary lleyr.e.
Barber, Trio. Comber, Jr.. llulber, Yet.
Barehard, Trio. Cotton, Trio. Jones 11. W., Trio.
livrdaleY. Queens'. Dent, Sid. Ignaives. Trio.
Barium, Pant., Douglas, Job. Howell, Trio.
Bentley, Cath. Evans, Trio. Morgan, Jae.
Blathwayt, Tan. Gulls, Joh. Pulley, Corp.
BOWER, Corp. Gurney, Joh. Smith, Clare.
Butcher, Kid. Ilardeastle, Down. Smith, C., Trin.
Coleman, Corp. llockin. Joh.
• Swire, Emm.

___,, .
AOILOTANT.
Bickerstetb, Trim. Oassio, Chest's. Pan, TYID.
Ellerton, Trin. Ilehn, Christ's. Stephan, Trin.
Pennies, Christ's. Pam ter, John's.

NAVAL

---
POWroiNoCTff, , JAN. 28.—Salmtandar, Jae/tall, Rattler
and Growler, sta., under roam of Driver, et.-el., promoted year:
day emerge, from this port fur Davenport.
DoCsraelke.—Mr. T. Waterman, jean pram wed to be
Senior Draughtsman. la to have a eatery of 3501. per annum, vies
Wilson, who had loot, per annum; Mr. J. Chaff promoted te be
Seceed Deaughtamen, at 250/. per annum, vice Waterman, wtorie
aviary was 3191. ; Mr. W. Ilerldge promoted to be Third Drtughts.
man, at 1701. per annum, vice Oral: and Mr. IL LIMO ea, from
Sheerness dockyard, has bets established as Fourth Dratethueum, at
1501. per annum. By these promotions a reduct on hoe b•en mails
in Werke of the draughtsman in the surveyor'. dipartwo nt of
3301. per annum.
DEVONPORT, JAN. V.—Adventure, store etc:), Muster
Coat. Willington, salted yesterday for Deptford.—ltnprewn Aft% 104, is
, nearly ready to motive bee craw, and as the San Joie( will fie pail of
on the 31st, It in probable the crew will turn over an the fo:lowi
day.—Nautilus, 10, tender to Impregnable, ia stripping to make good
some defects.
WOOLWICH, JAN. 28.—The Vulcan, an iron st..fr.
1,747 tons, built by Mr. Mare, of Blackwell, wan ennehro et high
water yesterday from the yard of the builder, on Bow Creek. A ter
am ours@ of spatators witnessed the launch. She was towed to that
engineer's. Her enema are of ttel.horee power, and are to be fitted
by Sir J. Bennie end Co. His will be propelled by the screw, and is to
carry 14 guns—via., slain deck eight 32-pounders of 56 cwt., 9 het
6 inches, on slides and earrieges ; upper dick, two 63-poucdere at
95 cwt., 10 feet, on pivot slides, end carriages, and fear IlLinch gmat
of 65 cwt., 9 feet, on slides and carriages. Next to the Simeon) she is
the largest ecreenerepelled steamer in the British navy, excluding the
steam suardealpa, which are only fitted with auxiliary steam pewee.
—Niger, et..doop, has been ordered to take her monition board, and
to be roads completely ready for sea, previous to being rent round to
DevonporL—Bmillisit, staloop. is fitting In the basin, but will not be
ready to leave this port till the latter end of Feb. or the beginning of
March.--Janus, et.-v., having been pronounced peady for nerrice, Will
lea 00111016‘40Ded Is a few days by Lieut... Com. PowelL—Sampnoo, st.e
sloop Is ordered to be taken under the shears and to have her engines
and bides overhatiled.—Flrebrand, st..eloop, has been taken out of
dock, haven anderyone extesere repairs In her hull.
81111111(1188, JAN. 26.—n. Bittern, Com. T. El ,pe, from
the comet of Alden has come into harbour; she has hem unuttered.
and will be paid off bern—The Dido, Capt. J. B. Mazw.ll, h.s this
day come Into harbour trom the Little Nore, where eke dischirged
her powder and shells. She has this day been mustered by the cap..
superintendent, and will bepsid off ben.
MIUMINA. JAN. 6.—Extraet of a letter dated on board the
Frolic, Jan. 6 We are now here with the Gladiator, anxious
waiting for this Sicilian affair to be eroded. The ItAleroplion
at Palermo; Sir W. Parker still at Naples. We had a nasty gala
here on the evening of the 26th uIL ; three Yemen atiAly and seem
or eight ashore. Not • nice time of year to be knocking out in.^

MILITARY.
Poaremount, JAW. 27.—The 18th comp. of SappPre and.
Miners have arrived in this garriso9,and are quartered in the Ord-
mance Barracks, Mill Dam.—Two additional comirmies ol
thisatillery will, it Ls expected, be shortly added to the form in gard-

MEDICAL
APOTHECARIES' HALL.—Namee of gentlemen who puma
their examination in the oncesc and praetioe of medicine, and re-
ceived certilmetes to practise, sday last : —J. Wilson ; W. M.
Thomism, Lamboth-walk.

SPORTING.

BETTING AT MAWiiiffiffit.—Paretr.
Cinema CUP.-600 to 20 apt Inheritrrre (t), 800 to 20
apt The Tartar (t), 1,000 to 20 eget *Mute (1), 1,000 to 13 eget las if
hot (t), 1,000 to Si agst Deerstalker and Swallow (t).
Deanx.--600 to 20 apt Btroagbow (t), 2,000 to 30 spa
Abbot et Mom (t).
birraOrciLlTAX HANDiCAr.-200 to 26 ant Canezok (t).
Nothing else basked, bat mental offers et the Load= prices.

lab; Enttiltants.
EQUITY COURTS.—Sgvultlokt.
Before the Lord CRSIK•Bar.
PRTNCI ALBERT O. STRANOIL—INJIINCTION •0•114 NT TRB
PEBLIC•TION OE • DZSCRIPTIVR C•T•LOREIL
This motion to dissolve an injunction granted, and after-
wards continued by Vice•Chaneellor Knight Bruce, was
opened on Fridatt and the arguments were continued on
Saturday. The 'unction was granted on the 20th of Oct.,
upon the original ill of his Royal Bighnese, supported by
four affidavits =ads by himself, the lion. Mr. Anson, and
a Mr, White. The tern= of that injunction were stated
in the report, in this journal, last Saturday ; it was in
substance to restrein the defendant, Mr. Strange, who is a
bookseller and pstAisher, from exhibiting to the public, as he
PITA a collection of etchings (63 or 64 in all). purporting
to • the Works of the Queen and of the Priam
andobta icalleclegey thein
dthefeendanbill t, to have
pubS&iing a descriptive catalogue of the same, ,The bill was
afterwards amended by making a Dlr. .1 udv a piety Ofen44Bol
ft
tobrema
troaiurren
hpuntitiofrailay

4

r ~•
'I ..::.

ail Wiseskg silmithise bin tbnlin SIM Whet that the
SHOP bad beenfeepepsdy peened by lke homes liii-
ittwho wee kthe emplegniwat glib. Ihrewm, apriatado
er' , empieyed by her WM. wed the Prime to plat
elf espiee alba stakes, cezpiethertniede iken thew
The bill, ea amended, Mated the see saw to
Bk. Brews and retorts* but seep eit Semis they
Were always kr pt inthe private pieleithell eilherikkety auk.
rime. Bevo l cerefof ears tithe angterekwa were given
w th TM
gel=selilli:ar pi" riot in ki her
elNen:well Eli amt
he Ire is eha
eed:ithill to
Demeabet, and a motion we made me his behalf ea the 13th
ith that math se Absolve se meek of the taisetlen as re-
Selma Mat frees peblishing the descriptive catikpas. lii
thlawatie le kw likkete's and the Prises's whim he rah-
mist. Ile the ether pirts cf the Injunction. The Vow
Cheesier staged the motion, and continued the injunction
in its kg NOM ae dust pealed. His Hcsour's elaborate
judges& we reported in the Esproao of the 17th bath
Th. sweet 'sties teen spiel hem that jadgwent, and is
coedited he the partial theri~sa of the pest injunction,
that is, the restraint en the *SW's el the descriptive
maelogne. The mods we math ea behalf of the defendant
Strew only.
Mr. J. Russell, Mr. Bolt, Ms. Watemt, and Mr. Sidney
Smith have been heard in support et the motion. TX. a
arguments, which occupied the inert a great part of Fri-
day and all Saturday, wets I. the hallowing effect,
They had no sympathy with the defendant privately;
but, although it bah. ted hiss as • good sad loyal sulejeet,
and as a matter of feeling and respectful consideration to-
wards the illustrious pith:wages ea the other side, to do that
which he had already expressed himself prepared to do—
namely, to yield every deference to the wishes and to act la
eactedanee with the desires of those exalted persons—yet,
when the question was enesidered as a point of strict legal
right, it beams v. ry different, especially when he wee
chased In the bill with baviag obtained the subject matter
of his publications " sarreptitiowly." It was alleged on the
ism of the bill that wrath etchings hid bees made by the
r.., the plaintiff, and certain etchings by her Maim,.
Now, the catalogue set forth Welder that had been mace by
both the plaintiff and by her Majesty. But in those etchings
which had been executed by her Majesty the plaintiff had
no interest, even admitting, fee t sake, kis
interest in those actually made done by, him-
self. The right of common property did not apply to this
ewe, and the plain'iff win banal, hoth by the common
kw and the spew provides of the 3 & 4 Vie. e. 2, the
seetleasent es the Fithee's marriage with her Majesty, from
interest in Sees etetmge executed by her Majesty. Yet
the *junction against the deendant extended to these etch-
ings, and thatches to matters in • great part of which the
Prime had no interest to sustain an injuneticer. Supper
fag the plaintiff entitled it the injunctioa as regarded the
etchiacs made by kii.melf, he could not be entitled to it in
reelect of those which were not his work. The whole pro.
°ladies notwithstanding the allegations to the contrary,
clearly showed that the defendant Widnes been influenced by
the desire ha give pain ; fir in the eitalorue there ran
throusthwa a strain of high 'nifty, which, if it was even
teemed in bad Ste, and offewith to the feelings and refined
taste of the illustrious personage., as doubtless it might be,
yetahowed the Wankel to be actuated by feelings my dif-
ferent hem a t sae to give pain. It appared that her Ma.
jam sad Prince Albert gave copier of the mgraviage to
private Mends, and that, to prevent publicity,
the impremies except oft a certain occasion, had been
struck of at a private printing press ; and the complaint
egoist the ddendant was, that he had improperly obleimed
*yield Inkithtity plaintiff alleging that they were milim
leaded for , and that as pence bad • sight to Immo
anything Mom. That was the qvailisia--voliffsme a
penes hooky a knowledge I. his owe obi _swells
Gouda works of art dam by maths, penes, me to be re-
strained from isiaa that knowledge ? Seale of these etchings
it appeared, were from Meisel drawings, sod others be.
old atewavtap. They were placed in the apartments of her
Majesty in the Castle, and several copies were given away to
friends se i'hotat any contract or restraint against publicides,
The viatica was, whether the plaintiff was entitled, either
ea the grease of property es of eastract, to restrain the Is.
*dart Mot embodying and publishing a dewriptims et
these weeks. TM wee was put lAthe court below ea
the pound of enuredelivered from manuscript notes and
taken by a short hand writer, and published without
the sweat of the lecturer, se in " Abernethy v. Hatchic-
sea" (3 Law Jamul), or was 'pat co tie footing of the
pediments ciphers letters without mason of the writer, as
Is " Gee v. Poloshad." But the mead bore no analogy
to those ones ; the jubilation to strata publication is
bode mem was eapreisly stated to be ma the pound of pro
plate in the Masser and in the writer of the letters. Ad
in all cases thejurfedietwe is founded on poverty or apes
breach ef contract, or of coaddeme. These grounds do net
exist is the presind cots, but the isjaastisa against publies-
don is put ea the grouse ells Wag very stared to the
feelings of her Majesty sad the Prime, which einicstaly re
air from the praises beeped *pea them hi the
Bet is " Gee e. Pritchard" (2 Reseetes 413), Indi=
Mateo meet distinetly that m injunction to remain skim
don as palatal to este feeling camel be waintained. Tbe
bill did not wake • arse of property ia the etchings, ace $
sem of breach of contract or of ecalldwee in any es.
Ia the must below, Mr. fierjeaat Telfeard, on behalf el
Priam Albert, weed the eras es the d of an Livadra
of hie royal hlghasses primay, std maintained that ming
was essential to the idea awe had of rack property as that of
the *Whims. It was Miceli to mainland how the psi
seilw
mho invaded, or the enjoyment lessesed, by ths mere
codas et • list of certain stchimp said to bio is a
piece. Nothiag was taken from the pielatiff,• wee
gives I. the defendant ; the *Stiff me net the pram by
the taking, the defendant wee not timber by what Its gel.
It we like lighting one's torch by the Week of seedier ; the
latter lost nothing by it. In Abernethy's caw, an Wane-
don was applied he to restrain the publication of kb lectures,
and the pasties was rats d es to the projierty to whisk a
man could lay claim In words spoken. The right to each
property was suocesefally disputed in that instance, and the
injunction was refused. The plaintiff then amended hi, bill,
and made an entirely new ease ; and alleged that
the lectures were paid for ; that so person was admitted
to hear them, unless he had paid • nelacription,
and that there was an impl•ed ceetrect, that the pe MOS who
heard them were to mike no publication of them. That
altered the case, fa it altered the question of property, and
the injunction was then granted. The ewe proceeded on
the paned of there being an abstraction of the property Tax '
sensed by Mr. Abernethy in his Pawed—that there was an
abstraehoa of the plait, itself by the publication ef that
which Mr. Abernethy might afterwards publish himself ;
but thee it was • case widely different hem that now under
sonsideratien. It might ai readily be send that the painter
or the artht, who She ices his subjects a es the works of a
novelist or poet, and represents some of the scenes of the
novel or mom, was depriving the author of his propel ty, as
to contend that the defendant bad taken any of the pro-
p! rty of the plaintiff by the publicat on of the catalope.
The artist introduced figures which recall° I the scenes of the
author, and awoke the lame state of mind and the game '
feelings pr elitted •by the perusal of the beck ; but did any
one vesture to mart that he took any property from the
author that the Court of Chaecery would prote. t ? Falling
back on the well-known practice of the court, they main-
tained
that if there bad been any violation of pr perty the
court would not interfere until the plaintiff had established
his legal right. Before the injunction was granted the
plaintiff ought to make out hi, title to the property which he
claimed. The defendaat, in his answer, positively denied
that he knew Judge bed obtained the etch cgs improperly.
He said he thought that Judge had bought them from a per
ma named Middleton, and that he believed Middletat was
entitled to sell them. He (Strange) never saw moss than
cos of the etchings, and that he returned to Judge. The
way is which the stabilise were obtained formed a gustiest
totally different frees that of the publication of a list of the
articles so taken. In the ewe beim Lord Ilion, of "Aber-
nethy .. HaSren," it
_wee eirdoretiy Lid down by that
Isentedjadge that, dtheepitheernat reetrained the defend-
st fres priating the lodates, it amid sot restsaia him
from readiag them to his private friends. The present bi-
llionths west far beyond my over before granted by the
most liammriag sad roversosiag, as all palms mast, ths
Prime sad Us Majestay;:zitrvoted they were sot is
slightest that t la
uthergiag upon 41C from
a must set Se depart,depart,re even fa
their ease, tram the estaillikad of somas
of equity la the eternine of the as to
granting iajuastims. The props mow to the mastics
in this case was lie answer ghee els mmtmeles "liream-
other agithhaties susses hiss Almelo maid. ' ass
was mai *kids Ile *Wisdom on Mem woad of praparty
la the pidadt or boss* of matmest or of samilsoss is the
dminedsott. TM dellinieet we saabiskto publish a iota-
byte from the knewbrigps whisk he had ithed of certain
death& mid to beim to Ile plintiff, and it was mid that a
debt of pmgnoW 4 the Oft. is which the knowledge of
Ile NIE~ slat West by prelleility give an exclusive
right ta data= of each cotalagas ; sad it was *sp-
ree&
ms _b' of any sunset, then were
commissars yenta give Ms owner the emissive alight
Is Ibs kametrios of them shah& impress • seldom's
had sa ealsadve oalleillan sad be should think
is to admit the publis Nglifiw pistons ea portholes
days, awe the ass laimatly ; the whim= fa whom*,
=arimes=draldeasteirmat a mascin em=
wordy of bolo dassolited, or it IMiell:ims suck
tioa. The owner of the palatimp hod • propsotydalidZ
mares upon Which the pistares were painted, lad be
had a sight to the particular fonts delimited oa the suns%
and he might restrain a person from roprossatiag the sale
je tif seek picture la that malodor tank boa be amid
have ao sight maludnly to the kamoisdas of whit M. pie.
be. represented. Any peas who had seam theme forms
aught embody them is male, ce nil& dominos them Is
poetry ore soy ether way, aNtsoo_lto
_amid hawse right
be gee the him In that fora which bilateed Is the Pferlistor
of Ms awn Tbea, wain If Ike wars of pleuras did not
Moak to Mew Aim, hat if lb smourla la his ab-
souse sbestladmit alsomeon into the limn still that would
sot altar the ere. Thee adikt hes tZiedgeermithhth b 7
limit Onagor far whisk than is • Twisty smiles at law
uffia,llie =iwoolairiebod sibe ./ th, pi,
lamented frma dmornft
them la way way . ha Owned it. bus if a
*loth had heft skim, sad kiag aware
et the tartnebliasi a view of ait,Patho kw emir
sot Om= the kaowledgo he had smoked.
Th= amid be the last puma ta
Azmpady kr them who wished to latoule monsalial:
et NV re% tortisalaly them Nab' he tbe wak
amps{ Mat Os *We was but On ass at Os
•
wag-1W the sepias of the we;
bad been ha.
=strolomol. and OM the dieleadams haw the wow ia
we. _b 1. 1101 tha mon mild net man&
Ws lam mobs that knowledge whisk had bola
Imam awl aimatriemissa. This mutt would not ref
stresktios al knowledge t so mart and no law Mull deprive
a maa dewy Imombilas Ite_bad segulanlimbeeuthealls Mull
wan bow le lo tam oillimod to ame that Ifira
1119 deftiefimi ail alionvalse Win mkt ail h.

leng to him ; be was 'sly nig On knowledge he had •
right to; he had used that knowledge by desseibiag the
e in • way medlar to Massif. No man
setritve a popery in the ideas and in the
keowled; • of anefsbeg. It was certelely placing counsel in
• very &Saab position to argue that this injunction night
net to be contionnli tibia I had been expressly desisted by
the plaintiff tint ebb pnhilenden of the catalogs* would be
samentely offimeive to him mid bar Meijoggy i 'menthols's.
it was their duty to ccateni thee die kw dig not arvlteeise
tbe wart in restrablog Ito pollisation The dabadant bad
Meted in his answer that oboe be beard that the coarse be I
wee paueoing would be waive, he had hnotedistely den/e-
-mbed to give up all Wait eppealag the plaintiff 'a wishes ;
bat his objesa in waft at re win was to clear his dare-
log from the impention if Meng
_warreptitiouslv obtained
doe seellige. The first whisk the plaintiff's counsel
hod esontadeider was sheave peperty ; but it the
only allegation segardien ale vales of the property was, appearedthat
if the plaintiff hodi Maud( wished to publish such • cata-
loi gue and Pee tits posse& to • charity, it was possible
that amb poll might lave been obtained, mot that the
defendant eivernjastillsel is infringing the plaintire rights;
bet the chief pound of the Vice-Chaneellses judgment
was the Wades of privacy. That was no pound for ergo-
mint. Suppose a person, living opposite to • gentleman
who bad • Mae onacetkin of pistons sad books, should, by
means of an opeennlass or telescope, from his own window,
be able to asentsda the subjects of the pistons and the names
of the books, what was there to prevent his publishing a
desaiption of three ? Or, suppose a person. on going into a
ahoy, should hear another ay-tooter giving orders for differ-
ent articles to be made for him, what was there to prevent
tee person in whose hearing the orders were given from
making use of the knowledge he had thus acquired, and pub-
liaising it ? Again, it was well known that a gentleman who
had been formerly very much distinguished for his love of
privacy—Mr. Beekfo-d—hasi built up a tower of • peculiar
construction. What was thereto have prevented any man from
erecting another building on adjoining bad, and_ placing a otio-
sity in it so as to overlook all that wad in Mr. Beckford's
tower. If an injunction were granted in a case like the pre-
sent it would open the door for all sorts of persons to cow
before the court upon • supposed notion that their privacy
was invaded, and the court would have to inquire into the
degree of injury that had been inflicted upon their feelings.
The law would not give an action for what was purely inju-
Tina to the (Whey of any man, unless it could be oho en
that some serious damage had been cowed to him.
Among the cases cited, besides those before 'stationed,
were "Yount e. Wynyard " (2 Jacob and Webster, 394),
and " Tipping v. Clark " (not reported), cited and stated by
Mr. Bolt. " Murray v. Illiston," and " Miller v. Ta3lor "
(4 Burrows) cited -by Mr. Smith ; and " Spottiewoode e.
Clark " (2 Phillips), and " Dietrichsen tr. Cabburn," in the
was volume, both decisions of the Lord Chancellor, cited
sad read by Mr. Warren.
To a question put by the Lord Chasoellor at the sloes of
the argumeats for the position, it was stated by the counsel
as both sides that the suit of her Majesty, by information of
" The Atterney-Oeneral o. Strange," was in the same posi-
tion with the urine'. suit. Both snits were against the
maw defendants, and the Waned= was granted in each in
the same tams. Tito present motion was to dissolve par.
Bally (as before stand) the injunction in the Prince's suit,
and oat the decides of would d pond the injunction in
the suit on behalf et her Majesty. The saw difficulty ap-
plied to both el the confusion of property, if property was the
pound of the iajunePow as the Prince's propertyin the
etchings must be distinguished from her Majesty's, as he
could not have any interest in her, nor any
adjourn
mety in com-
mon with her.—The farther hearing was
The bollsitee-General, Mr. &damt '..... ' and Mr.
W. M. James, are yet to be heard on behalf of Prises
Albert, in support ci the injunction.

Beene tie Master if the Rolla
Sanonanne O. COCKIRMOUTM AND WORKINGTON RAIL-
WAY Costranv.—Mantato OF CONTRKLENT ROADS IT
RAILWAY COMPANY.
Kamm Tuner sad Melina were heard for the defendants I
in this um. The company agreed, is March, 1548, to take '
• portion of a done of the pin:stiff 'a, caged Borland, through
which the railway ream; and it was inserted in his agree- I
meat that the company were to make all such nods, Way*,
and slips for emus as might be neasenry. It appeared that I
the river Dement bounded the close on the north, and the
railway cut off the river which had been mud for watering
tattle and a portion of the dose from the homestead of the I
farm. The graand was of an undulating and difficult cha.
meter, and Ow emaliany made a level awing averthe rail-
way, on the wend& of the close, and creep for cattle near It.
The gradients to the level crossing were 1 in 14, and those of
the descent into the mem moth more. And to get at the
erasing end creep it was neatmary to pees over • piece of the
land bought by the company. The plaintiff insisted that
the level weer was, frees the nature of the ground,
peculiarly deergemws. and that the weep for cattle was
extremely lametvenient, the descent into it being ton steep,
and it also Wag liable to be flooded, and be insisted that
the defendants ought to make • bridge serous the railway at
the miens wd of his close ka • plan when it was allea•G
there had hest a highway, se at all events over another put
of the lcM whim!" be painted eat es more convenient for a
Ter the tlehmlents it was contended that the
cons°"ltti no W oad= to interfere at all, u the 'Ands
Classes OseeslfislieaAd* had provided a special tribes's'
before Imam sii the passe in peaty melons to determine
Tendons d senvenlest samsenshimiene; that tht words of
igesemesa as Is asklrg eseigkicti; were mere s-
▪ and merely provided fer these which the company
wine Wind to do ander the set. It was also urged on the
matte that the level wowing was a convenient um-
aushation, the gradients to it bang one in 14,
whams if a bridge were made as required by the
the freeing§ would be mach steeper, and
ti isroli be necessary to erect • mound on the plaintiff's
had, and that the creep was sufficient conveniently. The com-
pany bad offered to give the plaintiff 1001. to dispense with
the bridge, bat he required 2501. The company had also
offered to refer the matter to arbitration, but this the plain-
tiff declined, and he instituted this suit to compel a specific
performance of the contract. There was a great deal of
evidence on both sides of a conflicting character.—Mr.
&Nigel), in his reply for the plaintiff, contended that the de-
fendants bad, by their answer, submitted to the jurisdiction
of the court, and ha combated the arguments of the defen-
dants on the ether points.
The Muter of the Rolla, in giving judgment, slid he was
of opinion that there was such an agreement between th
parties u the court had jurisdiction to perform. The difficulty
was as to how it was to be performed. There were great
difficulties arising from the nature of the ground. It appeared
from the evidence that if • bridge were made as
r, glared by the plaintiff, the descent would be much more
rapid than it was to the level crowing made by the defend-
ants, and a mound must be erected on the plaintiff's land.
No doubt a level crossing was always more or ins dangerous.
But he thought that if there were such a communication
made se to enable the plaintiff to communicate wit' the two
portions of his land through land which he had a right to
enjoy, he should not be justified in saying that there must
be a direct communication by a bridge. He thought a suf-
ficient communication had not yet been made. The way to
the level erosdng was through land not belonging to the
plaintiff. Another difficulty was as to the descent to the
cattle creep. It was mach steeper than that to the level
crossing, and the evidence showed that it was extremely in-
convenient and dangerous. If the defendants would agree
to make • gradual descent to the cattle creep with the same
gradients as that to the level crossing, and give the plaintiff
• right of road through the piece of ground belonging to
them, he should not be inclined to make any further order.
Some persons might be appointed by count to see these
things properly done. Mr. Turner said the company bad no
objection to these terms, and the ease stood over for the
parties to confer about the matter.

ITCIDI.Y.

improper and nab person, and how could its duties be per-
formed ?
Lord DOOSOUL—Then yea admit the right of Sir Healy
Campbell to wokt to ink office ?
Sir F. gir.—No, I de not, my lee& The
lied sever bees kr the peutheautary to appoint hie deputy";
sad even if lee had each a right, the judge eaglet to ban
some eestrol over the appoiatneent, be order that height
determine upon the knees of the
_rut, selested be the
pautusuagg. The warts sitting in Westminster Hall had
power to revoke the appointment of *ay =fit person
who might be selected to 1L say office in them. In 1786 ft
Mr. John Dorrington bad been made ant ressembrancer of
the Court of Ilmehequer, bat being an ineffisient perm to
disabuse the duties seasested therewith, the sport informed
him he must find a proper deputy. There was alto a ere
of a Mr. Thomas Vintner, wise sought to obtain the office of
chief protheortary in the Court of Common Pins, but the
judges refused to maim this appoimenent, on account Of
hs inefficiency. This power of the judges even applied to
MHO where parties bad been appointed to offices by the
crown. It was, therefote, evident that the judges of the
superior courts could inquire into the fitness of a moon to
fill an atipoiatment in an inferior one. In the present in-
stance ifwas clear 11r. Hewlitt was a party perfectly gull-
fled to fill the office, as he had for 16 years performed its
duties for his father. With regard to Mr. Bellamy, when
he appeared before Mr. Brent, be said he was not prepared
to enter upon the aloe; he said, at the same time, he was
not aware another party had been appointed, and he did
not wish to contest the matter.
Mr. Justice Coleridge —Your affidavits suggest two con-
trary things: the first, that Mr. Brent himself had the
power to appoint, mad then that the ground on which he re-
fused to admit Mr. Bellamy was his unfitness, and not that
the power to appoint did not lie in Sir Henry Campbell.
Sir F. Thesiger.—What we say is, that Sir Henry Camp-
bell cannot judge as to the Stores of a party
Lord Denman. If your affidavits do no: deny the power
of a prothonotary to appoint a deputy, the court Waif assume
it unless you can show to the contrary.
Sir F. Thesiger said his affidavits did not deny in direct
terms the right of the prothonotary to sprint his deputy,
but he coot acted that the Jody, of the court had the right of
determining who should be chosen to fill the office in qua-
tion. The power new asserted by Sir H. Campbell had
never been exercised by a prothonotary ; sad the charter did
net give him mermen that power. Upon these grounds be
submittal that the rale ought to be discharged.
Mr. Knowles, who was with Sir F. Thesiger, contended
that the court could not interfere in the present ease, because
the offs was already filled by Mr. Hewlitt; and a mandamus
could not be granted unless there was some circumstance
connected with the election which rendered it void. Mr.
Hewlitt ought to have been made a party to the present rule,
as he was the individual affected by it; and until that was
done, he submitted that the rule for the mandamus could
net be made abeelate. This ofEce was not • freehold one,
and Iblealeas sot • matter foe a mandamus ; for Sir Henry
Campbell istettedal that he had the power to appoint a per.
mu to fill it, and remove him at his pleasure. This latter
het was clearly shown by his having delivered a deed to Mr.
Hewlitt, conoillieg his appointment. The office was similar
be its tenure to that of a town or vestry clerk, from which a
party might be removed at pleasure. For thus reasons he
submitted that the rule should be discharged.
Mr. Conic, on the same side, urged that Sir H. Campbell
had not stated In his affidavi- that he war • lient.-general
in the army ; and that although he had held this appoint-
= nt for 37 years, he had never attempted to perform any
of the duties it involved. Could the court say that a lieut.-
general, who had been honoured by his sovereign with the
command of a regiment, was a fit r non to exercise a con-
•rol in appointing an important officer in a court of justice?
He considered it an abuse that • military man should hold
the office of prothonotary at all.
The Attorney Ostend, in supportof the rule, said, that
no doubt the abases which had been alluded to as existing in
the Pekoe Court would be fit subjects for inquiring into else-
where, bat the question now before the wart was whether
Sir H. Campbell bad the right to appoint a deputy or not.
The office of prothonotary was a freehold office, bat that ol
deputy was not. Mr. Knowles had stated that Mr. Hew-
litt ought to have been made • party to this rale, but it
was laid down in the ease of the .• King V. Ward," 2,
Strange, that • deputy to an office could not apply for • ass,
damns.
Lord Denman here interrupted the Attorney General, and
said, We do not see how it is possilde in this nee to withhold
the writ. The role, therefore, for the mandamus, must be
made absolute.—Bala absolute.

BAIL COURT.-BATuaDaT.
&three fa ihneo.—Before Mr. Justice Erie.
Tea Quaate e. Ditoust.—Toulten CHOLline. Cans.
Mr. Ballantine informed the court that, in a motion he
bad made on Wednesday hat, the depositions taken before
the coroner had net yet keen returned; he therefore begged
his lordship would allow him to defer moving the case until
later in the day. It was the coroner's duty to have returned
the depositions before this time; perhaps his lordship would
permit him to move on a copy of the notes—Mr. Justice
Brie inquired if there had b en a warrant !med.—Mr. Bal.
lands* said there bad, and Mr. Droned, then being present,
was liable to be taken. The coroner had received notice on
Thursday, and this was Saturday morning, and there was no
good reason why the depositions should not be returned
before that time.—Mr. Judos Erle gave the learned counsel
permission to move at a later period of the day.
manwiemee with this permirion, Mr. Ballantine, pre-
view he *arising of the court, stated that an order of the
weft had been drawn up for a certiorari to be served upon
114, Wakley,the coroner for the county of Middlesex.—His
=said practkally the depositions had not yet been
—Mr. Hammitt' allowed they had not, and, in
answer to a remark made by the learned judge, said Uwee
were many Twang why the case should not be heard on
Monday at chamber,. The order which had been served on
Mr. Wakley had been to return the depositions peremptorily
to the court on Saturday morning, and he then bad in his
hand an affidavit made by Mr. Drouet's attorney of the ser-
vice of that order upon the clerk of Mr. Wakley,
and he believed that that gentleman was on the
premises at the time ; that he directed the attention
of the clerk to the day mentioned in the order
and that the clerk said it was all right, and the depositions
should be in court at the required time ; but he (Mr. Bal-
Latino) on entering the court that morning found that no
return had been made of the depositi.As. Upon this, a mes-
senger hid been despatched, who since swore that he called
on Mr. Wakley at half-past 11 o'clock that morning, and
told him that the judge then presiding in the Bail Court
was there waiting for the depositions taken by hint at the
inquest held on the body of Sarah Jahnson. To this Mr.
Wakley replied that as Mr. Drouet wee not in custody, he
(Mr. Wakley) should for the present decline to return the
depositions to the court, and that he was then taking legal
advice upon the subject. Any coo would have imagined that
c n a question of the kind, connected with the discharge of his
own duty, he himself would have been a competeat legal
authority on the subject ; or if he th:,ught it requisite to
have further legal assistance, he would in the meantime have
instructed some learned gentleman to appear en his be-
half in court. He (Mr. Ballantine) would not say
more on that subject, but would call the attention of the
court to the course he had advised his client to follow in
order to avoid, if possible,his being taken into custody on •
charge for which he, the learned counsel, had no hesitation
in evolving he felt convinced he should prove to the satis-
faction of his lordship there was not a shadow of foundation
upon the depositions.
Mr. Justice Erie, having consulted with the Master of the
court, said he was unwilling to entertain the idea that any
public officer would wilfully disobey a writ legally issued
from that court. If, however, there was any proof of such
a fact, it would then become the imperative duty of the court
to enforce its own powers. He was not willing to believe
that any nehnefusal had been made, but would rather con-
sider that there must have been some misunderstanding ;
under such circumstances, he thought it would believer that
the matter should be allowed to stand over until Monday,
and he took it for granted on that day he should have the
depositions required before him. In the meantime, he would
consider that they were not fully pre; ared, or that there was
some reason for the delay in producing them. The de-
fendant's bail might be in attendance ea Monday, so that
the whole matter might be coneluded at once.

COURT OP QURRNII
@Mimi la Brass.
THE Quw v. Bang.—To PALA= CooaT.—M•x-

In this time the Attorney.deneral had obtained a rale
calling on Brent Brent, Esq., the fudge of the Palace Court,
to show cause why a writ of mandamus should not lame, di-
reetiog him to admit a Mr. Charles Hallam to the aka of
depty prothonotary of that court, fa with the ap-
pointment whisk he meshed from Sir H. F. Campbell, the
proth on otary.
Sir F. Thesiger now showed nose against the rule, and
said that in the year 1792 the present prothonotary, Sir H.
F. Campbell, had been appointed to his ogles, and had
always performed the duties by deputy. About two years
previously to that, a Mr. Cnitaky had bees chosen deputy.
prothonotary by the steward or judge of the
court. The duties of the office were most import-
ant, and he (Sir F. Thaler) had the affidavits of
the attorneys prootieing is the ?thee Court, stating that it
was nzeiteary that the deputy prothonotary should be well
acquainted with the rules end peoseediarte of the wart. 81r
H. F. Campbell, in his affidavit, upon which he had applkd
for the present rale, did not smart any right to appoint a
' deputy prothonotary. but aleissed the power of revoking the
appointment of Mr. Jahn Hewlitt, the present de uty. Mr.
Cratchley, who had been appointed deputy in
1790, continued to perform the duties of that elm dews to
1812, but, ea the 17th of February, he woe remoread Seca
the aloe by the jades of the court for misommheit Upon
Mr. Crutehley's removal, Mr. John Howl*, the rather of
the present deputy prothonotary, was appeleted be his stead,
and held the office down to the bined his death,
is 1848 ; but his son had whim= the duties
of deputy prothonotary for his Mbar hst upwards
of the last aleteen years. Thie obinandanos had
induced Mr. Brent, the judge et the siert, to WM: the
present Mr. Howl= as bis Mewls rum= Wow he me-
eidsn d that that pietism= ash be s lit mad sompeasat
pram to &whams the ado of the ease. When Mr.
Crutchley was 'summed by the Jody, of the Palms Court, Sir
H. F. Campbell did not is my we isheirre as to who
should fill the measay ; sad be was t now, for the
arse a dam te i apples his dimity. He
(Sir ate, losu rUbf hi*
would sew cal the ellsellis of the court
to what pmmei when hr. Bellew premseel Wendt before
thole* el So emit Se be heel= hes hh am Upon
that =miss hr. Brost mid be led = doubt that Mr. Bel-
=was • pletteeeseor Wei mhmamlm but that, ea ma-'
ishk-he hued thee he wee set•
*poem Is AU the
Mho el derOmehiliwiehry, bolog voesqueleted with the
poadles of the Ned.
Led Diumow-11s the Judge dams the right et deed•
lag upon the those od the party to be eppeleted ologaty-
peelhooddy
101.2bedger.— Jut way kr& Ow oasis wok is
whoa patties did the** mead with repot to Me odes
sew sedge the d Id duet ? liihrd he had
NNW N, Ma aim It the
Mar were esivest, is tie umber deli ast
pp boestner. be WI dely to AO wee ?
wee his elles
omsstudy tokistsoW ? the so right
to led& m the easpetiso et ea who •
maithis id the ispeis ey
tumat so, this Sir H.was F.
Veseplidi of mobil his foams, er lay sem squally

COIIRT OF COMMON PLILLS.-BAroiDAT.
Sittings fa EWA.
HOAR/ O. DICESON.--BTAXIXO PROCEEDING ox • SECOXI
ACTION Brrwsis_ WM Pismo.
. . . . .

This wa.ieieetioi joymisaosW,;hTinit in formai
?superb spinet the defendant, seeretary of the Royal Naval
Benevolent Acidity, for *twig slanderous words ooneuning
her. It appeared that • action for slender between
the same parties came on far trial at Kingston arises, when
the plaintiff's counsel, finding the court end jury against
him, elected to be eons lied. The defendant's coats on that
occasion, amounting to 4061. 10s.' had n been paid by
the plaintiff, but had been paid to the defendant
by the society. It was ailapd by the plaintiff
that the present action was for other and
different slander than that for which the former action was
t.rought, but it appeared that the slander now complained of
tern/lam merlons to the former acien. A rule was ob-
on a former day calling upon the plaintiff to show
cause why the present action should not be stayed until the
costs of Mat former one were paid. Mr. Carter arm showed
canoe against the rule. and contecded that the oasts of that
action having been paid by the Rlyal Naval Benevolent
Society, the defendant bad no eLitei in respect of them ups
the plaint ff. Moreover, that inasmuch as the causes of ao•
lion were not identical the court would not interfere ; f.r in
this declaration there were five new counts for slander not
included in the former declaration. There bad yet
been no trial on the merits, and the present was
not a vexations proceeding, but sprang from a bona
fide desire of the plaintiff to vindicate bee character.
Without calling upon Mr. Serjesat ekes, who appeared in
supprt of the risk the court were of opinion that** rule
ought to be made ehmlate. The payment of the defendant's
ma by the Royal Naval Besevot Society did not in the
Sot exonerate the plaintiff ; she was still liable to be takes ,
is execution ha ties With respect to the alapties of the
semi of eel art boinletZhstallo. *0 urn= en-
raised into themeless, they ware the
sans, having relbesase to the same averode% egg that sa
gins& wisdoms why_ the abiders new rniald of were
set Waist the ham series. Although there had
bees as vodka of the *Oa the foram ease, yet it was ob.
viczat=tire among bed withdraws it huehuetheir
ao
_oak beams ell abeam of ems= was hopeless
It was set la be Mae that the ashadast alambl be agate
harrowed Wes there was *bad lie substeatial mew cause
of Naos, the seafrary of rebid' sneered to be aids out.—
Bale absolute easediagly.
Row o. DICILINSON.
Is this cass, whisk was ea Wiwi of the one satire as the
above, sad by the same*bait agidnel the defendant, a
memberi of the equities et the Royal mg Naval Reuevolaut
Society, • rule for a Sailer rupees was also made absolute
up= presissly singer pomade.

THE EXPRESS, MONDAY EVENING, JANUARY 29, 1849.

COURT OP ERCREQUER.—Bar

In Banco.
lIARYNY v. DARINII=9).—CNAPLAINII IN ORDINARY
TO Tits Qtrilit. ArtaINTITLIID TO PRIVILIOR TROY
ARUM'S.
Mr. Beldeley showed cause spinet • rule obtained by Mr.
Lush during the early pert of this term, calling ea the plain-
tiff to show cause why the defendant should not bed's:huge&
from the custody of the s'eriff of Devonahlre,, upon the
ground that he was privileged from arrest, as a priest in or-
dinary of the Chapel Royal. After Mr. Wane was arrested,
at the plait tiff's snit, applieations at chambers were made
for his discharge, but Mr. Baron Rolfe, who was one of the
learned judges before whom they were made, dismissed the
eneurtons with cote,_ upon the pound that the affidavits
were insufficient. This rule was granted upon amended
tiffidavits, which stated that the defendant was. in the reign
kith, late King Willem IV., in the year 1833, appointee
and sworn in as one of the priests in ordinary of the Chapel
Royal, at a stipulated annual salary ; that he had been so
sworn in obedience to the Bishop of London's warrant ; that
be had afterwards officiated as dean at the Queen's
marriage, that be was liable to be called on, and wee bound
to attend in his official capacity at certain stated periods ;
t bat his name appeared In the books of the Lord Steward of
the Royal Household as such priest in ordinary, and that he
continued to receive his salary up to the present time. Italie
.ppetr.d that the Bishop of London in reply to an applica-
tion wade to his lordship to ascertain whether the reverend
defendant had been re-appointed on the accession of her pre-
sent Majesty, wrote a letter stating that it was not usual to
re.appuint a priest in ordinary of the Chapel Royal on the '
demise of the crown, as the original appointment was
deemed sufficient until formally revoked or cancelled. It
was now submitted that the rule ought to be discharged on
the grounds that the affidavits upon which it was moved
were inconsistent with those used at chambers, and that
they did not disclose sufficient evidence' o' the defendant's
appointment as priest in ordinary of the Chapel R.yal, or
that it was such an office as enti led him to
privilege from arrest for debt. It was further
argued that the appointment should have beer.
renewed on the accession ce Queen Victoria ; that the de-
fendant was bound to make out his case to the satisfaction of
the court, and as there was no evidence cf the fact of his re
appointment, it must be assumed he had not been re-ap-
pewee!. The defendant swore that he had eillciated as
d. ten at the Queen's marriage, but that might have b,en as
deputy, or temporary representative of the bishop. t tier,
was nothing to prove that he held the office in question from
her present Majesty, except the bishop's letter, from which it
should be inferred that he had not been re-appointed. This
case was, therefore, distiagnishsble from" Dr. Dibdin's" (Ist
Cr., Wes. & Rot, p. 82), in which it was sworn that the
defendant was actually a chaplain in ordinary to the Qll.lllll.
Here the only statement positively made was, that Mr.
Diking had been appointed during the late king's reigu.
There was nothing whatever to show that such appoint-
ments need not be renewed during each successive
monarch's reign, or that the holds et of them were, in
the absence of such reappointments, entitled to such
privileges as that untended for by this defendaat.—
The court, without calling upon Mr. Lush to support his
rule, were of opinion that the defendant's appointment as
one of her Mejesty's servants had been established, and that
he was therefore entitled to the privilege for which he en-
tended. His exemption from arrest, so long as he continued
a servant to the crown, was not for his benefit, but lest the
monarch should at any time be deprive' of his services. The
present case was much stronger than that of Dr. Dibdin.
Here there was a positive undeniable statement of the els
fenlant's appointment in 1833, while in Dr. Dibdin's there
was simply sufficient reasonable evidence of his appointment
or re appointment to the office he held. The defendant was
therefore entitled to be dieeharged, lioth in justice to himself
and in conformity with the settled decisions on the subject.—
The rule for the defendant's discharge was made absolute.