The Express.
London, England, 1848-06-30 00:00:00

THE EXPRESS, FRIDAY EVENING, JUNE 30, 1848.

NAVAL.

AT/MIREITY, JUNI: 241.—N1Ti14•118 LICIIITS TO PRE.
TENT COLLIGML—The Commission( ra for executing the office of Lonl
iJigh Admiral have fieu.,l a antler directing that lights shall be elbl-
bitea by
on atosin-vesseos between sunset and sunrise, M 10:hdescription and to such tateelndtee mentioned—Mot is to
sty
W:
URTI moms Vision.-1. Bright White light at the foremast heed.
2. Green light on the starboard aide. 9. Red light on the port side.
West. AT ANCIIOI4.—A common bright light.
The toliowing conditions tobe observed, viz.: 1. The rnsiatheiolliglit
to be viable at a diebince of st least 3 miles in a clear dark night, mot
the lantern to be an coaatrneted at to show • uniform and onhroken
light over an are of the horizon of 20 potato of the earnpars„ viz., from
rlght atm.l to two points abort lbw boon on each aide of the chip. 2.
The coloured aide lights to be visible at a ell dance of at least 2 miles
in a clear dark night, and the lanterns to be so constructed 11. An allow
a uniform and unbroken light over an arc of the horizon of 10 point.
of the Pommies, viz., from right ahead to two points abaft the beam
on their respective advs. It. The sale lights to be moreover fitted
with inboard screen, ot at least 3 feet long, to prevent them from
Wing seen 1101.1 e the bow. The amens to be placed in a fore and aft
line with the loser edge of the aide lights. 4. The lantern used when
at anchor to be so oonstructed as to :Mow a good light all round the
horizon. It Is underatoi.tl to be the intention of the lords of the Ad-
miralty to Isar regulations in accordance with the foregoing an-
notinocatent, anal to have them published in the London Go..vtte, so
that they may bo in force from the 21st day of July next. Diagrams
Illuarative of the al.nve plan, and instructions 9. Wtile propel MAC
of fitting the lights will be furnished by the Admiralty to partiee ap-
plying fur them.
Juror 29. PROMOTIONS. —C. F. Robinson, to
be Nub:nail; 0. A. Nicholls, to be surgeon.
:A. T. Mann, to Redwing 11. tiemnl, to be chief officer
of Coast Guard.—Mast, : J. lkhini, to Haan.--Clerks' A.aistants :
Cowley, to 9.94.99.01.; 11. P. &Mt, to tixoellcat.—Naval Cadet:
IL Hand, to How&
H•LP.I.AY LIEUTSNANTS.—Itis stated that the Admiralty
have oniered a cireu'ar to be rent to the lieutenants of the navy oa
half-pay, with a view of asccrtoining the etfectives and tion-etfectives
among them, and their 11.91..t190 willingness or unwilliognews to
servo when cultist upon. Da tins tequiate data being that, obtained
etfactivc and non-cflective late of the lieutenants will be prepared.

SI'ORTINti.
TArrkit:4ALL's-TI” RBP.I!T.

JULY STAKMI (NEWMARKET).-6 to 4 on Flying
Dutobnum.
00ouwoon STAXIIB.-9 to 1 agt Crozier, 10 to 1 agst
Diplomatist, 13 to legal Remerubrunce (t), 14 to I aims Chat, 15 to I
ugst The Tartar, It to I apt. Gaiety, 20 to 1 apt Reflection (t freely),
21.1 to 1 aget Chanticleer (1), 20 to I aget Ikloraine, 25 to I ugst Mill-
wood (1). 25 to 1 apt !armlet (t), 30 to 1 oast watchdog (t).
Remembrance, Gaiety, Tartar, Lluinticlecr, etion, and Iw,,
or three outsidere, were the only home really lacked. At MC time
4 I to I was betted apinet Reflection; but juat beforo the MOM woo
closed 2' to I woe taken in hundieda. Gaiety and The Tartar left off
at a serious decline on the prices at which they were Locked.
LIVERPOOL Cur.-10 to 1 agst Cawrouch (t), 100 to 1
aget Executor (1), 20 to I sgat Vampyre, 20 to 1 apt Montpcmicr, 25
to I apt Lightning.
finouwoon Cup.-2 to 1 apt The hero (1), 4to 1 aget
Van Tromp (t), S to 1 apt Coemick
Sr. LEOKR.-6 to 4 agst !surplice, 3 to 1 eget Springy
duck (I to 25 I.), ti to 1 anat. Justice to Ireland. Justice to Ireland,
although he won his race at the 13irragli in • canter, le,a nut in much
reque.t, nothing under 7 to I would hare been taken.
Drunv.-25 to 1 eget Honeycomb (t and aft off,, 25 to 1
Elthinin, 30 to I apt Borneo (I), 33 to 1 aget cult out of AM e I law-
horn'. darn (t), 33 to I apt liriel (1), 33 to I apt Saucy Dick, 50 to
I apt Thu Jester (t and aft off).
CAILLISLE RACKS.
TILURADAY.-13V ELECTRIC TELEGRAPIL
CA Itl I E RACES.- -Wsustsose.
CLARET STAKES of 10 aura each, p.p., with 40 added.
Once round and a distance. Ten cubs.
Mr. bleiklam's Otterburn, NAL 31b 1
Mr. Arrowsmith's ge by Robin Cray. out at Trastartsn's dam,
Bat
Mr. J. Merry's Avails, Wt. 71b 3
EDRIVIIDI STAMM.
Inglewood . (Cartwright) I
Glitter (Wintei Ingham) I
1 MAIVILN PLATZ.

Mr. Rein, gr gelding by Thom. .... (Bumby) 1
Mr. Robervon's I nation
CUMBERLAND PLATE of 2001., added to a list.dicap of
25 mva each; IS ft, and 5 only if declared; the second to MATO his
stake; twice round and a die. (40 subs, 14 of aLin doelared.)
Mr. S. L. Pox's Meaux
Mr. %Coma Quadruped
Mr. Henderson nd Lstly Hilda 3
Mr. Jewirou'r Itairthorpe
CUBICAL:II JUNE MEETING.
TUBSDAY.—SCUHILY SYALBB,OI.6 wee. each, and 25 added.
Anglesey post. (It subs.)
Lord 'd aterfcrd's eh f by Irish Birilesteber, out of Min
Charm (Doyle) I
Mr. Butemen's Schamyl 2
8w EnI•STAKES of 15 sort. each, 5 tt, and 50 added. 11 mile
OR Peel course. (11 rubs.)
Widtr's Crary Lad (Foley) I
Lord Waterford's fby Touchstone, out of Fcrdita •.. ... 2
Won by two lengths.
CUURAI3II DERBY, 01 Buys. each; oolta, Sst 71b; fillies,
!at Mb, Mc. It mile. (10 sub..)
Duke 01 Berl Bud's Jui•tice to Ireland
Mr. Irolit's King of Kildare
Mr. Whaley's Marcischino.
KIRWAN STA BEN. of 50 lOTA. each, la ft. Post.on...he-fi,t.
(It cow, h of whom paid 5 sirs. each.)
Mr. Watts's Blunder ..........
Mr. M. Blake'r Bailinafad
WEDNESDAT.—BV EtEcriue TELEGItAI.II.
Lisa MAJBIiTY'2I PLATE of 100 guineas.
Postillion
aclerhe
Brother to Rat-trap
CUag..44111 MOOR BWSIIMTAILRI

(Wynne) I

(Foley) !,

The King of h.klare
The lisirter
De Vete

ab) Entelltgence.

HOUSE OF LORDS.

.._.. 1

•

Present The Lordtiarseellor, Lord Campbell, and other Peers.
Purrs v. Purrs.—LIMITATIONIS OE CHATTEL PItoPERTT.
—V ESTINO.—This appeal, against a decree of Sir E. Sugden
when Lord Chancellor of Ireland, was opened by Mr.
Napier,Q.C.,on Tuesday. The ease was this: John l'otla,beiag
seised in lee of real estates in Ireland, and also possessed of
chattels real, andel' two-thirds of the establishment in Dublin
for printing and publishing the newspaper called Acitissekre
News Letter, and of the profits thereof, under the will of his
brother, James Potts, who died in 179 d, and also by virtue
of recoveries suffered in 1797, and being also possessed of
leaseholds for years of his own acquiring, made his will in
1799, re-published it in 1810, and thereby devised to trustees
therein named all the real estates which had come to
him under his said brother's will to the use of James
David Putts, second son of his brother William, for life, re-
mainder to his first and other sons in tail male, remainder to
John Tromp, rant l'otts, the eldest son of his sei 1 brother
William, for life, remainder to his first and other sons in
tail male, remainder to William Potts, third son of his said
brother William, for life, remainder to his first and other
sons in tail male, with other remainders not necessary to
mention. All these limitations were io strict settlement.
The will then went on to bequeath to the same trustees all
the estates held by the testator under the will of hie said
brother, together with all his right end interest in the pub-
lishing and printing of Sounders's News Letter, and also
such estates fur years as be was posse.sed of say his own so
quiriog, upon trust to permit the said James David Potts,
second son of his brother William, to receive the
profits thereof for his life, and after his death
to permit " each and every of the several other
persons aforesaid to whom an estate for life in the said
real and freehold estates of my brother, James Potts, is here-
in before limited successively, and as each of them shall
become seised of said real and freehold estates under the
aforesaid limitations thereof, to take and receive the rents,
issues, and profits thereof for his and their natural life and
lives respectively, and from the decease of the last of the said
last me te tioued tenants for li,e as shall become seised in manner
aforesaid, or if none of them shall so become seised, then
from and alter the decease of the said J. D. Putts, &c., upon
trust to assign the said terms for years and the right of pub-
lishing Naunders's News Letter to such person as shall be.
come seised et the said real and freehold estates under any of
the limitations aforesaid. ' Tee testator died in 1811, leaving
J. D. Potts and the other person► in whom estates for life
were given on the real estates. J. D. Potts entered into
possession of these estates on the testator's death, and also
took the rents and pr-tits of the leases for years, and of the
newspaper. Ile alone of the three brothers had issue—James
Potts, jun., John Henry, sod William, jun., all born in the
lifetime of the testator. John Henry died in 1835, leaving a
eon, John Henry Potts, and a daughter. The question in
the cause and appeal was, whether, upon the death of J. D.
Potts, in November, 1844, the appellant, his thee sole sur-
viving son, as legatee under the will of the first son, who had
predeceased, or his grandson, John Henry Potts, the re-
spondent, was entitled to the said terms for years
and the profits of the said newspaper. Upon a
bill filed by the latter, in 1845, the decree now complained of
was pronounced in April, 1840, in favour of the plaintiff.—
Mr. Napier and Mr. Andrews contended for the appellant,
William l'otts, that James, the eldest son of J. D. Potts,
and first tenant in tail, under the said will, of the real estates,
took an absolute interest in the leasehold estates and news•
paper property, and the appellant, as hi. executor and
tee, became entitled to the same.—Mr. Bethell and Mr.
ausland, contra, on behalf of J. Henry Potts, submitted
that the decree was right as giving effect to the clearly ex•
pressed intention of the testator.
The Lord Chancellor observed that all that could be
urged for the appellant had been urged by his counsel to
Impeach the decree, but that was too sound to be impeached.
If the testator's intention was in doubt and net clearly ex-
pressed, then the rules applicable in such cases would have
effect ; but here the intention was too clear to admit of any
doubt, and there was no rule against giving effect to that in.
tention.
Lord Campbell expressed his
was affirmed with costs.
O'CONNELL V. MANBFIELD.—This writ of error Wait opened
by Mr. Watson. It arose out of an action tor libel brought
by Mr. Richard O'Connell, a bat rister in Dublin, against the
publisher of the Dublin Evening Malt. There was a verdict for
the defendant, and on the judgment on that verdict error
was brought, on the ground tact town councillors were chal.
lenged by the defendant and excluded from the jury. The
further hearing was adjourned.

and the deerce

Greene, Mr. Hallett, Mr. Palmer, Mr. De Gez, Mr. F.
White, Mr. Selwyn, and Mr. Ma, keson, appeared bur the
.corral defendants. They referred to " South v. Le yci @ter"
(3 Mylne & Craig), 459, and other authorities. The Vice-
Chancellor held that interest was not demandable, and that,
even if it could have been demanded, the course of the pro-
ceedings had precluded the claim.

COURT OP QUEEN'S BENCH.
it to Pans.—Before Mr. Justice Wight:nen and u goesial Jury.
DRAYBON AND ANOTHER V. CLARK/Wt.—LIABILITY OP
A RAILWAY DIRECTOR.— MT. Crowder, Q.C., mod Mr.
H. HA were counsel for the plaintiffs, and Sir F.
Thesiger and Mr. Ogle conducted the ease on th. part of the
defendant. This was an action against the chairman of the
managing committee of the Direct London, Chichester,
Portsmouth, and Direct Portsmouth and Chatham Railway
Company, to recover the sum of 3,8751 , the balance of an
account due to the plaintiffs for work done for the company
as engineers. It appeared that the scheme was registered
in the month of September, 1845. but was abandoned in the
following November, es the allotted did not pay up their
deposits. The defendant had taken • very active part
in the affairs of the company. In suppr•rt of the
cse of the pia ntiffs several witnesses were called,
who proved that they hail been employed by the
plaintiffs to survey, and also to take the levels on the
line in question, and that Messrs. Drayton acted in every
respect as the authorised engineers to the company. Alter
the plaintiffs had proved their case, it was agreed that if the
jury should determine that the defendant was liable, the
amount should be settled out of court.—Sir F. Thesiger then
addressed the jury for the defendant, and said that he should
be able to prove that the line in question had been promoted
by th• plaintiffs them elves, and that all the engineering had
been done before any managing committee was appointed.
As early as the month of July, 1815, the scheme had been
first started by the plaintiffs, and was called, " Drayson's
line," and on the Bth of Sept., 1845, the line was registered in
the names of R. Chapman,'Esq., J. Scales, Evq., and F. Dray-
son and H. E. Drayson, engineers. On the 24th of September
Messrs. Pootifex and Moginie were named as the solicitors
to the company, and the plaintiffs appointed the committee,
who selected them as engineers. The p'aintiffs had given a
letter indemnifying the members of the managing com-
mittee.—To prove the defendant's case many witnesses were
called, i•cluiling Mr. Moginie, the solicitor to the company,
and several members of the managing committee, who stated
that the plaintiffs had agreed to hold the managing com-
mittee exempt from all the el/tenses connected with the en-
gineering.—A letter dated Nov. 25, 1845, was then put in
and read. It was signed by the plaintiffs, and by it they
agreed to hold the managing committee harmless from all
liability, ann acknowletheil that trey had received 1,4001.
from the committee, which they spoke of as a loan.—Mr.
Justice Wightman, in summing up, said the question for the
jury was whether the plaintiff's agreed to do the work in
question on the responsibility of the managing committee or
on the probability of the scheme succeeding.—The jury im-
mediately returned a verdict for the defendant.

COURT OF COMMON PLEAS.
Nt•t Palm—Belpre Lord Chief Justice %laic, and a Special Jury.
ROUND o. Ora.—Rionr CUTfllili Tim ling.—The
plaintiff in this action was formerly a member of parliament
for Mahlon, in Essex, and lately a candidate for the repre-
sentation of the University of Oxford. Ile came into
possession some time ago of some property in Acton, adjoin-
mg which there lies some land held by the defendant, who Is
a leather-dresser. It appeared that on the boundary between
the two some trees grew, the right of cutting which the
defendant obtained from the previous possessors of Mr.
Round's property, but which right he never carried into
execution until the plaintiff came into possession. The
plaintiff disputed his right, and brought the present action to
recover 101., the alleged value of the timber that was cut.—
The ease occupied the court for four hours and a halt, and
the jury returned a verdict for the plaintiff-40e. damages.