The Express.
London, England, 1851-02-26 00:00:00

IRELAND.

Dials'., Fsa..—.
At 12 o'clock to-dar the Roman catholic prelates
ms-emblell at the presbytery. in Nlarlboreugh-atrect,
under the presialencv of l'riniate Cullen, for the pur-
pose of considering the course to be taken in relation
to the new penal enactment." Twenty-one out of
twenty-eight bishops were present.
The Freeman gives the following resume
of the bishops &liberations:
Mont pert et unanimity of sentiment prevailed. After
slitting i, delihe ration for hours, their lordship. sorriest to
the draft of rent-.inthecumt nts which will he brought be-
fore them In a ma, perfect eilitme to-mortar. the docu-
mints ref. reed to, when published, as they will he pre-
sently, will olitfuw rem-olatain and impart the at-
mint rentlelenec to the catholic people of Ireland, who
will see in the union and promise of their bishops the
strongest pledge• for the united and courageous action
of the people in thin erisit, when nligious liberty must be
fork Red or else won for r ter. The doeumenta will coneast
of an adeln to the tiocen. another to the Kornai: catholic%
of In lane', and a petition to parliament.
The Lord Lieutenant and the Countess of Claren-
don, according to a long-established custom, attended,
lust night. the unmanl limey ball held in support of
the Sick and Indigent itoomkeepers' Society. Not-
withstanding the runitairs that his Excellency had
alnadv arrived in London, there seems no probabi-
lity of him departure from Dublin for a couple of days
longer, as no postponement of the levee, which takes
plait. to-morrow, lout vet been announced.
It was stated early yesterday that so many as
fourteen of the Irish Roman catholic bishops had
already arrived in town for the purpose of attending
the meeting of their body this day relative to the
}:eeleakistical Titles Hill, and several others were ex-
pietist in town by the trains last night and this
morning. The prelates will assemble at 12 &dock,
at the reYbyter7 uttnehed to the metrnpcntan cha-
pel, and tin' meeting is expected to be n very full
one. A great deal of importance is attached to it,
and if the new ministry persevere in the obnoxious
memoir, these deliberations of the combined Roman
catholic lin hates will add not a little to the strength
of the agitation thioughout Ireland. In the mean-
time the Roman catholic, an• resolved nut to relax
their efforts. and their termination is strengthened
by tho convietion tluit it is the attitude assumed by
1,1(1 which has, after all, briken (town the late
solniiiii-tnition. The Feccoses of this morning says:
strtwe'e• protreeteil • oatiet may whir in-
tervene lakeee we ran repel the pre sent assaults and confirm
the ndiciou. lilsirtii% won in V.S. But this we know, that
with is opt. , ;wit -t., and palates, unit. tl aie tray now will
le is tour r.nqut t maw, and the gnat midcrity of our Irish
prottattint hn the, n improvises, and, who rested, aidiwa
tie our stricrale, there elm be hut OH, 111,1Wit:n;t
\ietury. 't he tormidithle nervy tow in taking -Lupe in Ire-
land already hvgit.. to Is- understood in lanithin.
The subject of the vieen,yralty was ngatin ands r the
consider:llton of the eorporalmo yestirduy, on the
arepsi,as at a meld..,, to place upon the minutes the
Lett r received from the Marquis of Lontkintlerry
reply to a vide of thuds from that lowly. The laird
Mop.? unmanned that Sir (surge Grey had, under
the' present circumstances, been unable tuns any day
fir the metautation of their whin,. to the (tutee,
but that 1w 'the Lord 3layor) had risolved to leave
hie loradott immediately rot the purpose of unertain•
hug when the t artiest possibleoppotimiity of waiting
on her Maio sty teli;:ht be (Italian Ills lordship ac-
cordingly kfl yasterchly situ-noon, snit his forieui
us assisted at the fancy hell to receive the Lord-
Lieutenant thene with suitable honours,
(hi Ow question of the Vieeroyalty abolition, the
Roil of loot night Nuys :
tvi hate nia-in to know that PPM,III., are in preen,.
towards loingint; Ski. important tiu• .tits boar, the no.
lire fleetel juries afemet to fa- [bal./lad Ihrouphunt
tie ...wary at the approaching with • lits to their
either; in the- deyeetatio., of a stc;i w iojurious ttied
11 in mead ream kable that the New Franchise Act
has neede but very little change in many of the Irish
nanditoetwito, the value of property having been as.
far dimiuisl d that the imialler qualiticution is just
as gnat a limit:aim' as the huger taw previously
hod doers.
'llw following reply has layers ivisl to the ad-
ds s to thy. tang . It, adopted tit the Great Protestant
NI :sting 011 the Seth ultimo:
Whitt-hail, belt. 11, Itnil.•-Sir,—l have had the honour
to I-y teams. the Quern the Atllln n. of the -trots of
tralran, to. the suhiset .r talb,ll by the Pope
a !Cowan catholic hi- nuclei in this tountry.
Aad 1 ant to intorm you that thin whin -* itt3, rant itovely
nceised by her kelaieeity. I um, y..ur .44.6, at aervant,
ti . linen. -t 'hark% Stinks, I sultlin.
The Limeriek rArtutiele, an authority upon mili-
tary nutters.. Posy,.:
lu• Royal Iltimitab kilintialens, is at last doomed ;
she the r mob a the nintraliadian ;Jolley or suppression of
test nts in Irelawl. it oinks. little (IA naive.
tot -a W. j 11.4 u thr SVC,. tart'-at-War
not to ohnit, after the tint booth< r pardon. r
w itton it. wall., and tio appointment at salmis-ion of old
oftii..r., although there are several s maw Ira to he tilled up,
This is triiir in keepioi; with the rvid lie: given by the
eretary -at-War helot, the whet nontailtee lilt the army
real oriletatirgi esproditure, wherries hr stated that (lawn
@eight op M. costumed, r. an institution so identified with
nuttry, and knout. aby Shade. I Lit
it would be
wojeot to tlov wrnin••• rloor it. though it turther appeared
I' y Ilia evident, that the re a,. a itt oily id. per
liwnel in fat we of the kanugaham, tom
that of 0%1% a, and that tow b • r 11-s 111111 wen founded
al,. by Charkis 11.. awl the land her its erection,
4...• W 4 re t ontribsitrd Inca thy- I re-h soldiers' ptty, at the
it ry period.

Tut l'slam-Srentr.v6vmhe.--We have beard h
rost..l durin. tk Lot wevi. ttu.t Sir Thous. S. 'teat-
ir w...iss is About to visiiin the 3,10 V.• s .40,, in ron•nliitlici• Af
the serial riltardio.l the I..niirliV
Crat irs to Iry vdrit by Lord thlll,llAlV.—lialaray
444 wary. _

Tit L IttiitsTu 'ant litanevllor has sp-
Kuouel M. tiainir. of Li..kiercoi-hou•e (Lit-
t:4o.o, a nitigii.truoi• of th. riai,a) of fii.vrarr. rui this it.
I. 011.11 of Ql.• Mu tat lluu. tli. Earl of lioauuglinurre,
liestimarit of tht• minty.

MINH 1.1.411katt:.t.--.1. deputation from the late
ry tn. eting, heir! its Dal • , o, • Iron the Lord
I.iimtenatit, be ot, at half-mot on: o'clock on
We olneolin hot, and ith lii Exeelleney for
111.11.,.k ..t no hour. '1 lw potation milineat. 4 a memo-
rial, anil alio the revoliniiite, wire. d to at the wrotinit, and
CA Excellency ...MI that he +mild consirkr the ruhjects
ferrell to in the memorial and emulation,. and give a
f a .n.*.? in a few Glop,.

;vim I.Kik•Es4 tor mating of
tio Fla% Improsvuttitt No-evir's l'o,umitt• ikl-
fal, on the 19th instant, Mr. Niveu, of
hots, torrino-n% of limn. and muslin
bleuelo3l loy a 11. w 41111 itoeuli.ir prow..., of his own
itiventios, the agent, eniolov.
and other volatile *The hleuch aiNrear..l very good,
sod the texture of the Mirka unimpaired in otrtugth.—
.Voribiri.

As 13itThrolt.—At the Bandon sessions on Wai-
n.--.lay. Michael Sallitan was bulieted fur forging several
order; for the delivery of mash,. with inteot to defraud
Anilnis Lamb, Eaq., el KilrolenLan Aldwv. The
prix quo., who way a carpenter, had been oeva.iontaly rm-
pitry,do u•, the Lot two p.a.., by Mr. Lunt., when be
w eit to !London, and there a-- waeil th, character of a
pn aeher of the gnaw' ; bat, before entering tot the Liln.urs
of hi. tai..ion, he forged Ilr. Lamh's name to a uurulnr of
• Men. to ditferent itarties toe goods of errious descriptions.
Iledel-reent.thle Wreulft, of Bandon. Living g t infotmation
of Seeltiven's whereabouts. pnweeileil to London, and there
d the pious et nth :nun while he was t %pounding the
truth. it the gospel to a numerous and highly-. dined con-
gemation. The forgeries haring been clearly proved against
him, he was nineties,' to ten year.. transportation. 'lbis is
the same Sullivan who, on the Ilth of January last, sue-
(veiled in getting a rum of money from Alderman Gib!". at
tlw 31%nsionsboutte, London. to heip hint to rrlcase his tools,
be n presenting that hr hail Men thri,un from Ireland by
persecution bentusee he had abjured the errors of popery,
and that the privets of Minion lead burned his Bible. —Cork
Array'

COAL DVTIP4 or LONDON AND WESTMINSTER.—
The hill to amend the pn sent arts of tarliament n.lating to
the vend tit Wien" aerial* in London and Westminster,
and et thins parts of the adjacent mintiest, and to ullow a
drawback may Final. conveyed beyond a certain limit, and
lob lus pawl the ihiuntithe in standing order., pro-
vide. that a I Vrtititttt. of the quality and quantity of sell-
hollte coal- is to he given and registered at the oval marker"
on the arrival of every ship. and there ht to be a penalty of
tow, ru ra.e.ons oi.po-ing the weighing of cools. Hallway
tympanic. on• to it allowed the duty on 400 tons of teak
wed by Vll6ll, within twenty miles of the London district,
and the ^. I% to lit' a otr.volark.per ton on ....thorue coal taken
beyond thirty nibs of the General l'opt-otticv. by shit'',
easel, or inland navigation. Monthly returns arc to be
ranks to the nod market committee.
A MANfelt-]U )110,t4 NED.—About nine o'clock
Yesterday morning, us Sergeant Hobert., 'M M, was Pouring 1
ihrenth a h.: place, midst! Jamaica-level, in Itotherhithe.
be observed the busty of a man immersed in • ditch con-
taining water and mud. about two feet deep. The deceased
was lying on hi. face. with his right hand extending down-
ward.. in a straight direction. as if in the act of cadantyour-
lag to nose himself whoa falling in. He appears to have
bon about 29 year. of age, fresh complexion. and dark
hair. dressod in a blue cloth cap, with peak, and corduroy
jacket, vest, and 'roue rt, striped neckerchief, and bad on
two odd oho,. IM hi. le con was found a portion of a
letter. atidn......1 It. Toro. r, Mr. pink', 69. Fetter-lane,
London." and In it front Sll,, p-malrlaa•t-awl. Biceotcr, 11th
of February. 'fl. which has not been yet
Identified, was taken to the litinchouse, Rotherhithe, where
it awaits a coroner'. intittc*t.

Rain intelligence.

HOUSE OF LORDS -YESTERDAY.
FunPl: In Loa. Ciummum.., Lama Lao:Nal. AND 'AID
Wa•mt mtv.

ELL( OCR T. MATPe—WILL OF 1785.—RISSIDUART Es-
TATIM.-13 THIL EIECV7OII. OIL Nast OF KIN INTITI.111) ?
This wasan appeal from a decree of the late Lord Chancellor
(Lord ('ottenhsat) reversing a decree of the late Vice-Chan-
cellor of England, on the condruetion of the will of a Mr.
Pare, who was a barrister in the island of Barbadoes. By
his will made there in 1785 he gave "his real and personal
estate to Edward Elleock, of 1e...-hadoce, his er.eutore, admi-
nistrators, and assiems, for the uses, intents, and purposes fol-
lowing ." that 1., out of the rents, profits, ate., to pay to his
wife TIN. a year for her life, and in trust to permit her to
have the use-of his slaves. household furniture, &c., and to
receive the interest of a debt due to the testator from a Mr.
Prettejohn. &e. lie appointed the said Edward Elleock
executor of his will. The testator afterward., returned to
England, and died there in 1789, without issue, leaving the
said will unaltered. Elko& proved the will in Ilarbedoes,
and posseseecl himself of the testator's estate lend effects
there, ricrept the debt doe from l'rettejohn, which was
about 4,.'suni., and was chargnl on real estate in Barbadres.
It was found in the course of the cause that there was a
emulsifiable residue of the testator's personal estate after
answering the payments and purposes mentioned in his will.
The widow of the testator and the executor and all the par-
ties named in the will are dead, and a question an,se whe-
ther the residuary estate was given to the executor by the
wont. of the will for his own benefit, or he was trustee
thereof fur testator's next of kin. The Lill was filed in 1437
by Eliza 7.lapp (the respondent), who is the personal
represent:tete of the next of kin and of the U.-suitor's
widow, eg..inst Margaret Ellcork (the appellant), who
is the le renal representative of the executor, and
the bill charged that the surplus of the testator's
estate after l.ayment of debts and of the legacies in the will
mentioned, was not given tee the executor beneficially, hut
was wholly unilimenisl of and belonged to the next of kin
' of the testator according to the statute of distributions, end
the bill prayed accordingly. The appellant, in her answer
to the bill, submitted that no part of the testator's estate
belonged to his next of kin, for that he eve the whole of
his property to E. Lame*, not generally in trust, but sub-
' jevt to such trusts only as were specifically tapes:v.4d in the
will, and that his intention was that the executor, to whom
he gave no legacy, should. after satisfying the rims sssd
trusts, take fur his own use rind benefit so much of the
estate as was not t spresely given to others. And so the
Viee-Chancellor derided; but the late Lord Chancellor took
a different tiew of the words of the will, and derided that
Elleork, the executer, was a trustee of ;the residuary per
estate of the testator for his widow and next of kin,
and that the reepundent, we their repreeentative, respec-
tively was entitled to their respective shares therein.
Mr. Bethell and Mr. Sandy., for the appellant, observed'
that the will having been made in 17145, the recent act 11
Geo. IV., e. 40, had no hearing on the question: and they
contended that executor, pmt btu, to that act were entitled
for their own use to any residues of their testators' personal
estates not disposed of by their a units• it appeared to
have been the intention of the testature to exclude the
from ell such beneficial interest, as, for instance, giving
them legaeies, and they insisted that then, was no express
or implied int. ntion in the w ill of this testator t.. exclude
tillernik from ittiiing the residue b eclieiapv. They cited,
among other row., i.Clarke" (15 Vest y, 409, and
03 appeal, 18 Vet. 211) ; " Beaker r. tinnier" (1. Brown,
C. C., 329) ; " Biebsq. of Elton,. v. Young' (2 is Levy, jtus.
91); " Pratt r.telisdden" (14 Vecey,l93); "Robinson v.'lay-
ler (2 Brown (.. C. 5,49); " Itstoell v.,Clowee (2('ollier fitte) ;
st Southheus. r. Bate" (2 Veiny and IL 396) ; " Wuollett C.
Ilarris" (3 klaidelock, 4.2).
Mr. J. Stuart and Ru5..,11 supported the decree
of Lord Cottenhain, contrasting it with the deeisitni of the
Vice Chancellor, and distinguishing the eases that were
cited on the othor side (nun the pre,nt ease.
Their arguments were nut concluded at four o'clock,
when the further hearing was adjourned to Friday.

EQUITY COUIITB.—YETERDAY.
BOOM run MANILA ay
ATTOILNZT-GENEIttL V. DALTOM.—IIAILE'S
LANISETII.
This ease was spoken to as to the form of the donee.
TIo• principal question disealsed war Iwther the deems.
should contain a special din cline, that the district ;arum-
t% nts and e humbwardi nit, who were partio to the suit,
should he at liberty to lay bt fore- the master a claim to have
in the adainnistratton of the int sone of the eluirity.
'the Master of the !tolls refused to ;ft% . any special din c-
timi on the point, leaving it to the mast, r to admit Of rejeet
such claim as Iw might think proper.
BAINIIRMIOR r. BBDOEI.V.V.—DISTUTED
Mr. Walpole moved, in thin ease, ton behalf of the de-
knoLints, Mr. and 4r.. Williams, to ditcharJe an order
itualt in Mandl, WO, by consent of the plalatilf and the
do feutlant Ua whemby it we'. ordered that the
ia deli for a net tvir t:hould stand over, and that the plain-
tiff should bring hi, action to try the validity of the will
of Mr. Thomas IL.Mbrienitt, dated the 19th June, ISIS.
The question in the cause depend, it on the validity or
invalidity of this will, and at the trial at the List Stafford-
shire Arises a verdict was found (or the plaintiff, sa I-
ting aside the will. A new trial had been applied for
and granted. .111,1 in support of the present applieatioi,
which was made no belialf of math tuteremted under the
will of IRIS, it was said that these partite were not bound
by the order of March, 1200, as it was made in their ab-
sence. And that au equity wan shown in their an-
swer, which precluded the plaintiff from disputing the
will of ISIS. All,ll, further, that if the plaintiff proceeded
to a new trial, and obtained a verdict, and got Judgment.
mad I,ok pet-eels-Mu under it, it would Inc prejudicial to the
Mr. 'turner and Mr. E. Webster opposed the ap-

oirntion. _ _
Th.. Master of the Roll-, made an order restraining the
plaint iu case h • should obtain u verdict and get judgment,
from *Adult PO.. "14.11 without have of the court obtained
on nutie.: to the mood applicants.

:*OURT OF COMMON PLEAS.-YESTERDAY.
tinitws AT Nl.kl ran. if to.ws.- &PURI Coin knits
A5O • rnaut. Jew'.

Tots WVT lIAINUOM RULICAT CONIVANT r. THE
loosuom AND Nllll7ll WINTIIIIN RAILWAY CingrANT.—
Al.l.Vitli/ Baumis or . . _ . .

Is was an action in covenant, founded upon a deed
dated 11th of Minh, 11446, by which the plaintiffs demist d
their line to the defendant. fie the term of '.140 year. 'l'lie
cosistruttion of the West London Railway had OM INO,OOO/.,
arid it was agreed that the dell ndants htiould pity 60,00 W.
in roomy, and thy also covenanted by the deed in quo s-
timi to pay to the plaintiffs one-fourth of the gross sum
which should be reesised hr the North Western Company
in respect of pansengers, panda, and other things; and lone-
haft or the net profits tel train rates and tolls paid by
perrtilLs who Yilit their .1,411 Lttvuotives. It was also stipu-
latd thud the defendants should charge 50 per cent. more
for pc 51mgers on the plaintiff.' how than they charged on
their main line. The defendants also covenanted that they
would, at their own expanse, during the t. rut of the least.,
&tinnily work and repair the said railway and works
demised, and indemnify the plaintitl'+ against all eluar,rea
and losses for want of repair, or for not working. 'the
detintlatits, it appeanal, had never run a passen-
ger train at all upon the line, and had only carried
.goods to a email amount, in eunicquenee of wilit•lo the
presant action had lieu benight. Ihe plaintiffs contended
th it the defendants were humid by the lease to work the
line, awl that they were liable to pay damages to the plain-
tiff. if they failed to do to. The amount of damages claimed
was 35,000/. The North Western and (ircat Western were
the first two railways projected to the north-west of Loudon,
and it was originally contemplated that there should be only
one terminus for the two lines. In the year 1630 the plain-
titts. olgainsd their act, oil it was declared that their line
almuld join the North We.tern at Willesden, and form a
jun lion httween the North Western and the Kensington
t'amd. Subrequently the Great Western Company obtained
an act to enable them to make their terminus at Padding-
ton. and as they were to cross the plaintiffs' line on a laid,
it mix agreed in 1837 that the Great Western Company
.Maid wait the emir W.. tire of the plaintiff.' trains in passing
the point of intersection. In 1844 the pbaintitle lime was
completed, and it forta..l a junction betwee n the Thames
by meare+ cattle Kensington Canal and the Great Western
and North Wexern lints. The plaintiffs' line was mainly
intended to take passengers and gootls from the west end
of London to the two great lines intimated, and it
was .apt thatfts.rreat profit would be the result. No
made
arrangement was eas to the times of working their
train., and the result was that passengers going by the
plaintiff.' line were kept waiting before they could go on by
the defendants' line. The plaintiff,' line was opined in
June, 1841, and after having been worked for about six
months, it was es ident that it could not be efficiently carried
on, except in connexion with one or both of the great lines.
Negotiations wore accordingly intend into, and it was
age, d that the plaintiffs should lease their line to the de-
fentlautA as before mentioned. Sulmquentiv au act was
obtained by the Great Western and North Western com-
panies to carry the plaintiff.' line across the Great Western
by a bridge, andestend it newts the Thames so as to join the
South West.. rn. The plaintiffs, however, have not received
anything by virtue of their contract, except the 60,0001. ;
and having male frequent complaints and remonstrances,
the defendants, by a letter dated Jan. '2O, 1849, said that if
the plaintiffs thought the line could be profitably worked
they might try to work it. The sit elaration seve-
ral twitchy% and it was admitted on the pleadings that the
plaintiffs were entitled to 404/. 14.. in n.t.pcet of goods
traffic for finis. years and a half, and 3241. lls. on account
of rent; but the principal question was whether by
the lease the defendants were boand to run passenger
tr dna. It was contended for the plaintiffs that the
defendants should hare advertised the line and base
run trains at such times as to afford reasonable accommoda-
tion to the public. The damages were estimated in the
following way ..—The North-\t estern had 470 miles of lime
and received upwards of 2,000,000!. a year, making their
receipts to be '2,3501. per vane. Taking the extent of the
West London line, a fourth part of this sum, for four and a
half years, a euld amount to 33,000/.
Mr. Serjeant Byles, Mr. James, Q.C., and Mr. Espinasse
appeared for the plaintiffs . • and Sir Thesiger. Mr. Ser-
joint Channel!, and Mr. Bovill were for the defendants.
N%-itnessos were called to show the population and re-
sources of the neighbourhood through which the line
Nord, with a view of proving that it might have been
worked profitably.
Sir F. Theaiger then addreued the jury for the de-
fendants, contending that it was impossible to run passenger
and goods trains, in eometiut nee of the West London ILA!.
way being only a single line, the gradients being too steep,
and there bring peat danger and difficulty in crossing the

lINIMINft..._