The Express.
London, England, 1848-06-12 00:00:00

NAVAL.

i,

TIN (I.

PORTSMOUTH, Jcse. 11.—The Amphion, st.-fr is to be
re-fitted ice sea manedistely.—The Howe, 120, h A received on board
a large quantity of shells for coaveyanee to the Meditemuisan, and
will mut either to-night or to-morrow morning.—lhe Prone, 16, at
thin port, was v.rorobsiont il by Coro. N. Ciunittart, and has nearly
completed her complement of men.—The Helena, It, was also mm-
non-amid by Com. G. W. Smith.—TheCaradoc, at. mail pckt, arrived
here on Friday evening from Woolwach, and left this morning fur
Lai er poot—The Siren IC, Com. CMl:oner. and the Wanderer, i G, Coto.
Montreeor, ere ordered home from the meat ef Africa to be paid off.—
lhe Pi Wee ot Wales, 110, has been commenced thin week. Her keel
is laid, and her dimensions are—length, 201 feet ; keel for tonnage,
15111.1110.; breadth estrerne, 59ft. 2 in. ; depth in bold, 23f1
!dzi. ;
&adieu in tone, 3,b33.—The Argus, ith-sloop, upon the paddle sys-
tem, with 300 horse power of engioe, has also been commenced thin
week by the mater shipwright of this yard upon his own linen
. lier
dirosamons are—length, 190 ft. ; keel for tonnage, ICAft. 4111.;
moulted,extreme., at ft. ; breadth, for tonnage, 2311. loin. ; breadto,
oulded a2ft. Ce. ; depth in bold, 20R. Ilan.; bonbon, 930 urns.—
The Fur.oan, another at.-sloop by Mr. Fincharo, la kb* laid down
since Monday. She is 400 borne power (paddles, and- of the follow-
ing dimenstons--length, MAR. ; keel, Ha tonnage, 181f1. ;In.;
breadth, ezveme, 26fr.fim. ; breadth, for tonnage, 36ft. ; breadth,
moulded, 13R 4M.; depth in hold, 220.. loin. ; burthen, 1,288 ton..
The Earl of Auckland, accompanied by Lord John Russell
and some members of the thalid of Admiralty, intend visiting the
Fleet at Spithead on Tuesday (to-morrow).
The Admiralty have granted the tuag officers' good service
permit's, vacant by the death of Adm. Sir W. Witham, G.C.8., unto
tier C. Eels'', K.C.B..lAdmiral of the Wbite. It is understood that Near.
Adm. Iteysold. will Nat.:eel to the command of the Cape station, and
that the Southampton, 50, will shortly be commissioned to bear his
ON.
We (Hampshire Telegraph) are authorised in announcing
that Limit. Francis IlAguilsr, who made such a gallant sod nucoesafol
defence against the Itrasanth *lavers' attack at Bahia, wall be pro-
moted to the rank of commander an soon as he has served his two
years' probation. Ilis seniority in August, 1847.
DETONPORT, J usse 10.—BrIleros.hoo, 78, Capt. Baynes,
'th lad night—Pilot, 12, was commissioned
M. Lyons ; and the Tweed, IN, yesterday,
_.. The former is to have a complement of 130,
-Armada, 77, in to be fitted as a hospital chip, and
Portsmouth by the party engaged in fitting the
-, for the same port.—Canopus, 81, Eagle, 60,
be repaired.
J.—Firebrand, et..fr. Capt. J. Hope,
yesterday evening from, Portsmouth, and
to the ntrram. The work of stripping her
completed, though no time has yet been fixed for her
'tie lion. Capt. Milne, one of the Lords of the Admi-
',N., the secretary to the Board of Admiralty
, nurveyor of the navy, arrived here t 0..&
• object of the visit has been kept strictlyjg
md to have relation to some entendre r on.
oolsequent upon the recommendations of the select
• Chads, of the Stye, is stated to be rapidly re.
re.; he received on Monday last.
10 —APPOINTMENTB.—Surgeon: T.
Inseam—acting Assiatent-Surgeons : W. Richardson
Hibernia ; li.Cartsr, to Prince Regent ; C.

7,4; nu irni,nran, enrlllb ; Erembe, Sat Iltb ; ntbortork, Sot 101 b;
Slug Bet 101 b; Itelter St niter, Bet Bib; Inn Lycll a, ent Sib; Armin,
Bet _ - -

W. at)) 'lntelligence.
EQUITY COURTS.
Before the etes.Chancellor of England.
310110/1e V. Rllll4O/4.—Poway OP SALE.—This was •
suit for the specific performance of an agreement for the pur-
chase of an estate in Yorkshire, formerly the property of the
late Sir C. Morgan. By an indenture of June 2R, 1814,
the estate was settled to such uses u Sir C. Morgan
should appoint, and subject to this power to the use of Sir
Charles for life, with remainder to the use of Charles Octa.
vius Morgan (a younger son of Sir Charles) for life, and re-
mainder to the sons of Mr. Morgan successively in tail, and
remainder over. After the lite (states there were the usual
limitations to two trustees, named Swinnerton and Salisbury,
to preserve contingent remainders; and the limitations were
hollowed by pewers of sale and exchange given to Mew'.
Swinnerton and Salisbury, with the consent of Sir Cherie.
during his life, and of Mr. Morgan after fit Charles's death,
and a pewee for Sir Charles during his life rand for Mr.
Morgan a fter Sir Charles's death to appoint new
trustees. By an indenture of July 1, 1819, Sir
Charles Morgan, in exercise of his general power
of appointment, limited the estates to the name uses as were
declared by the former deed, except that the names of Lord
Rodney and Mr. Manion were to be considered as substi-
tuted tor those of Messrs. Swinnerton and Salisbury. Be
another indenture, of Feb. '24, 1830, after reciting that Sir
Charles was desirous of relinquishing his life estate, Sir
Charles appointed the estates to the use of Mr. Morgan fur
life, with remainder to Lord Rodney and Mr. Milman upon
trust, to preserve contingent use., and after the death of Mr
Morgan to the uses and subject to the powers, provisoes,
declarations, and age, ements which were expressed in the
deed of 1814, " ulterior" to the limitations therein for the
respective lives of Sir Charles Morgan and Mr. Morgan. Sir
Charles Morgan had died, having executed, after 1830, a
deed purporting to appoint new trustees. These trustees had
put up the estate s for ale, and the de fend sat had bee n declared
the purchaser for 3,0502 lie had been advised, however, that it
was doubtful whether under the above instruments the power
of sale still existed.—Mr. Bethell and Mr. Glasse, for the plain.
tiff, contended that, by the word " ulterior," all the powers
of the deed of 1814 were given to the trustees of the deed of
1830.—Mr. James Parker nd Mr. Be (Ira, for the de-
fendant, objected that the word " ultetior" meant " ulte-
rior" in point of limitation, and did not include the powers
of sale or appointing new trustees which were appendant to
the uglier limitations in the deed of 1814, which were not
incorporated iii but were overreached by the deed of 1830.
They also contended, if " ulterior" denoted position in the
deed, still the effect of the words of reference would be to
restore Messrs. Swinnerton and Salisbury u donees of the
powers of sale ; and the power of appiinting new trustees
would not authorise Sir Charles, after his lite estate was de-
stroyed, to replace these donees of a mere power.—The Vice-
Chancellor said the word " ulterior" must mean all the limita-
tions of the deed of 11114 except tha: to S,r Charles and those
repeated in the deed of 1830. and that the intention was
obviously to retain the powers. His honour thought the
title perfectly good, and must decree • specific performance
with CPO, unless some other arrangement as to costs
were made.

BAIL COURT.
Sittings In Banal, before Mr. Jonuce Col. ridge.
Ex PARTE Bl,4lOl`.—TH n COUNTY COI RTS.—Sir F.
Thesiger moved for a writ of qua warranto to be directed to
a gentleman of the name of Edey, calling upon him to show
by what authority he exercised the office of clerk to the
County Court for the Staffordshire Potteries District. By
the 34th section of the 9th and 10th of Victoria. cap. 9.i, it
was enacted that the person who had filled the office of clerk
or high bailiff to the local courts which had been established
by the 4th and 6:h of Victoria should continue to till the
same situation in the courts which were to be formed by the
New County Courts Act. The intentions of the lee islature,
however, hid in many cases been trooper d because the words
of the act of parliament referred to the local courts as being
in existence at the very time when the county (owlets com-
menced, and said that all persons who were clerks and high
bailiffs of the one should be continued on to the other. Now
the local courts hod ceased to exist a day before the new
county courts opened, and hence there were no local courts
in being at the time when the functions of the new courts
commenced, and in c,nsequence of that the real intention 01
the 34th clause had been rendered nugatory. In the pnsent
case, the father of the piny on whose behalf he applied, had
beets most active in forming the local court for the Stafford.
shire Potteries District, and had filled the office of clerk up
to the year 1845, when, through illness, he had been obliged
to appoint his son, Mr. Frederislt Bithop, as his deputy,
which, under the act of parliament, he was enabled to do.
Mr. F. Bishop instead of being continued on as clerk to the
new county courts had been disnirsed and Mr. Edey put in
his place.—Mr. Justice Colt ridge : Take a rule.
EX
BANG-NOTES.—EIAMINAI lON or BAIL —ln this case an
application was made to admit the prisoner, who was a pub-
lican, carrying on business in the Blacistriammad, to hail,
on a charge of having in his posaession two bank-notes,
alleged to hare been stolen from a clerk of Messrs. Master
man.—Mr. Justice Wightman, on hearing the applicatior.,
decided that he would admit the prisoner to bail, this amount
to be, himself in 2,000/. and four sureties in 5001. each. The
prisoner was now brought up on a writ of habeas corpus,
and Mr. BaUantine said he was prepared with the requisite
bail ; but, as the parties were opposed, he should be under
the necessity of examinine them. The first party call, d was
Mr. Kerschner, who stated that he lived at 2, Devidge-ters
race, and had no doubt tha. he was worth 5001.—Cross-
examined: by Mr. Bodkin : his property consisted of plate,
pictures, and household furniture, and he paid 484 per
annum for his house. Wu the present lessee of the Surrey
Theatre ; had been ao since last Easter, and paid a rent of
47/. 59. a week on account of the theatre to Sir John West ;
paid it every Thursday, and the present week's rent was
paid. The value of hi. furniture was about 4001., and was
all paid for. He owed about 601. The next
party called and examined was Lewis Allen, who
said he was a cigar manufacturer and nailer in sponges.
Ile resided at 106, Houndsdi.ch. Was worth quite 600/.
Croes.examined by Mr. Bodkin The rent of his house wan
551. There were nine rooms, and he let out seven. Five
months ago the City police searched his house for some stolen
plate, but did not find any. He had on his premises about
4001. worth of cigars an I 1401. worth of sponge,. His
debts amounted to about 151.—The third party called and
examined by Mr. Ballantine was Mr. Robert Perry, who
said he was the landlord of the Cutlers' Arms, Cutlers'-
street, Houndsditch, and that he was worth 600/. On croft-
examination he stated that the value of his lease was 3.101.,
but it was mortgaged for 2801. ; he had 90/. in a building
,ociety; his furniture and stock were worth 4001, and he had
also plate and jewellery to the amount of 501. He owed
301. to his brewer and 361. to his distiller.—ln answer to a
question from his lordship, Mr. Perry 'turd that he could
not withdraw the 901. from the building society, as they had
advanced him 900/ to build a house and held a mortgage
upon it.—Mr. Justice Coleridge aid he was not satisfied
with Mr. l'erry as one of the sureties, and the prisoner must,
therefore, be remanded.

COURT OF EXCHEQUER.
hitting fn Banco.—New Trial Paper.
CONNOP V. CHALLIS.-81illilPF.—Al:THORITT OP AT-
TOILNIIT TO TALE SECURITY PROM J u DUUESIT DENTON.—
Mr. E. James and Mr. Burehell showed cause •gai net •
rule to enter a verdict (or the plaintiff for such sum as the
court ,hould think lit under the following circumst►nces :
The plaintiff having recovered a judgment for 501. against
debtor, the latter was arrested by the defendant. On applicat
to the attorney of the plaintiff an offer was maple to pay '2Ol.
down and to give • warrant of attorney, payable at a future
time, for the botany,. At first the attorney said that his
el sot would not accept such term•, but ultimately he, as it
appears, of his own accord and without the authority of his
client, authorised the sheriff to accede to the offer, and
thereupon the debtor was allowed to go at large. After this
the present action was brought against the sheriff for an
escape, it being contended that the sheriff was liable to
make good the whole debt, as the attorney had, as such,
no authority to authorise the discharge of the debtor
except on the payment of the whole debt. At
the trial the Chief Baron thought that at all
events the plaintiff could not be entitled to recover
more than 301.; and he lelt it to the jury to say whether, in
the absence of all proof of repudiation on his part, except the
rct of bringing this action, the plaintiff must not be taken to
have known and assented to the arrangement entered into
by his attorney.—The jury found a verdict for the defendant,
and a rule having been obtained in the terms above-men-
tilnesl, it was now contended for the sheriff that the attorney,
' as such, had authority and riscretion to make the best terms
be could for his client, and that the sheriff was not liable to
any extent under the circumstances ; or, if at all, that the
sum actually paid to the attorney of the plaintiff was equal
to payment to the plaintiff himself.—Mr. Martin and Mr.
Huggins were not fully beard on the other side, far the court
MIN of opinion that the rule ought to be made absolute to
enter a verdict for 301., it being clear that the p 1 iintiff must
be bound by the sum actually received by his attorney,
though he was not bound by the arrangement as to the se-
curity, which was clearly an excess of the power of an at•
torney.—Rule absolute accordingly.

INSOLVENT DEBTORS' COURT.
Beforc the Chief C.Triamioncr..

TN RE OEO EOl Rosa.—"THE HEIR-AT-LAW SOCIETY."
—This case, which has occupied the attention of the court
for six distinct days, wai concluded on Saturday. After a very
able Lino lengthened address from Mr. Bargood, the counsel
for the opposition, who entered very minutely into every
particular of the cue—al•eady from time to time given in
the Express—the insolvent was called upon for hie de-
fence, and gave a general denial to everything urged against
him, and stated his opinion that " Davies was already sorry
for the part he had been induced to take in this affair."--
The learned Commissioner, in giving his judgment, said
This cue has occupied the attet,tion of the court more
frequently than any case that has come under my
notice for, I regret to say, the thirty years I have presided
hire. I thought it right to let the parties who opposed give
every species of evidence thatcould elucidate their cues, and
at the same time I have extended every indulgence to the
insolvent, in order that nothing sought to be established on
the one side should operate in a manner detrimental to his
interest for want of explanation on the other. The ques-
tion toque to consider is whether this men's description of him-
self is earnest. Lie has described himself as a "civil engineer,
and, afterwards, manager of the Heir at-Law Society." I
am of opinion that that is a false description, that he is not
merely the manager of this society, but that he is in truth
and in fact the society itself; that through him passed
all the money, and that by him must the deposal
of that money be accounted for. That being to, I cannot
entertain this application ; and, without entering at all into
the merits of the cue, I have no hesitation in refusing this
man his final order. If he applies to me again he must pre-
sent to the court a statement, verified by his oath, of what

VE,ONFORT, UNE
arrived trout Portsmouth last night.—Pilor, 11, wan coramiesioned
I
• this morning by Com. It. M. Lyons ; and the Tweed, IN, yesterday,
by Ckem. Lord Y. Rowell. The homer is to have a complement of 139,
and the latter 'VS.—Armada, jv to be sited u a hospital chip, awl
whit he navigated to Portsmouth by the party engaged in fitting the
Colossus, 80, at Pembroke. for the wane port.—eutopus, 81, Eagle, 60,
and Stag, 44, are ordered to he repaired.
WooLWtcß, Jeers 10.—Firebrand, et..fr. Capt. J. Hope,
arriemi here at a Lite hour yesterday evening horn Portsmouth, and
proceeded to her moorings in the stream. The work of stripping her
1s ulread nculy completed,
arutlnne,time one ofh I yet tedns o"fYhderoArdmheirßcintg paid oß.—'lhe lion. -
ralty ; IL G. Ward, Fig., the secretary to the Board 01 Admiralty ;
and sir Raldwr Walker, surveyor of the navy, arrived here t 0..&
on an Uncial void, The object of the visit has been kept strictly:l
sate, but it in understood to bare relation to some extensive r ac-
tions in the yard consequent upon the recommendations of the select
committee. —Capt. 0. Chic* of the Styx. is stated to be rapidly re-
covering from the injuries he received on Monday lost.
ADMIRALTY, JUNZ 10 —APPOINTMENTS.—SUIWKiII : T.
Illownerville, to Ilecats.—Acting Awdstant-Hurgeons W. Richardaon
mid W. B. Bartle, to lliternia ; D.Cartm, to Prince Regent ; C.
Spread, to Maim liaspitaL
SPORTING:.
GOODWOOD CI.:P IWZIO MTS.—The Hero, 101 It ; Footstool,
Int Nib ; SR Arthur, Oat 7th ; Chanticleer, set 41b; Van Tromp, tint Jlb ;
Comedy get gib; War Eagle, Oat lib ; Veinpyre, gat lib; Peep u'llay
Boy, Set fib; Sir Tattoo sykes, bet 131 h; Jonathan Wild, fist 13Ib ;
Yirgarab, eat 1210; Rowena, set 121 b; Red Hart, set 10%; halo,
gst 10%; Planet, Net 10lb ; thorned, Bst 71b; Saddle, Net slb ; Projectile,
get Mb; Best of Three, net 31b; Sutkl, 7st 12lb; Puny (b 01, Ist 81b;
Prat% Tat 7th ; The Spaniard, 711t41b ; Os:deals (Motu to Ilydrangta),