The Express.
London, England, 1851-04-26 00:00:00

IRELAND.

MUSIC'.

,
OARI/EN.-LNO OPERATIONS FOR TIIE I -- - -
• ENSUING WEEK. I DCnt.ll, Arno. 'II.
;From Ow rice ortePea elto 0.44.1
PLANT taltraltTnEta T . ' It is iMpOstahle to riverbed( the lesson which the
Stash;.— The increased amount of heat and mois- Cork election has just taught, where we find a
talc iu this, strue,ursa, aided by longer day+ and
powerful sunlight, is of course inducing • developmtaittskore
: in the very midst of all this pretended excitement, a
new growth, rail it is the province of the gardener to .
cert that this should be Mm &nested as to make each - man who attempt the idea of following the rules
ciituallitant approsinzate as rival' .
.... poseible to a pellet which it ised to c
lay down for the Irish re-
spiclsea. To this end they shoulo be carefully and coo- tr:sentatives. an who cannot be persuaded that the
stautiy watched, as every piece uf meant ur raisminetet; •
.lesinstical 'titles llill, in its present shape, is so
meat, however trilling in itself teetleiti a Prr:t.,l' very bad a thing as it is represented to be. The
degree to deft at the uhket in view.. . ay .
t 1 au gene- rule. Ls I tt 1 ,
.11• 'Mt ei Ible • but it is necessary to urge Cork Reporter, a Roman catholic and liberal organ,
throe: thing, upon every cultivator of
.plants, these nee has the following reflections on this subject :
ohse Tian, reflection, and echoes—istlopensable at
~tall The tmoppaseil return of Mr. Ser.jtant Murphy, yeeter-
day as representative of Cork, in lieu of Mr. Fagan, is a
tine-, but at no .e'S"i rore iii,t than atpeent. I -
ntisinr that the plants nave oeen carefully pelted in tem'ewhat strange practical commentary on the policy to
suitable sails, the nt xt point is situation, the tem- which certain very patriotic people attach such has
p rat..n• of which should be in proportion to that „amaze at the present time. A determined effort
of the lor.ditio, to which the plants are indigenous. e-
wes made, by some of our lellow-citioens, to corn-
Ile ery tenets oat the advantage of •Aerate hottwn .1 Mr. Fagan to " march through Coventry " with
in,
heat, as the earth is invariably some degrees warmer
ld
, Mr. John Iteynos and his hand, and to merge
than el.. atinoephere • practice Pr'ry" this, and Pros" also his personal convictions in the "organist hypocrisy of
that an elftsa of heat is se injurious to the roots WS too the tope the " Irish vote." That any of the intelligent catholies of
Anfel. 4.." kw every plant is indieirenuiblet and i.• i. ire- Cork, twice& meant when tacitly assenting to the Towle-
posolde, if the plants are at all crowded, to mike handsome , non that was pet-Tweet at the meeting, respecting the Eerie-
lips einwits of them, however well they may be attended to siaetical Title,' Bill—to call on their respecteil member to
in other respects. :tiler souring lie tartest !eel"' vote against the government on every question, we from
amoata of light, as much heat and moisture may "c SUP' the outset denied, as we well knew we were warranted in
lied a the plants will bear without pr during weak
loth-
P '' ' doing. But the object of the resolution wall, we have every
spindling growths ; taking this et the criterion, any in"" I reason to believe, to impress on the mind of Mr. Fagan—
/ideal plant which seems to require a warmer, or cooler, a known, as he was, to to sensitively anxious to conform to
ablli4t F. or deter eiteetien. °end.' be lee"nunedated ac- . the wishes of his constituents—that the self-same men whn
conlitialy. Plants of a ehruboy habit will require, he- •• returned him to parliament required his coneurrene: in the
aide, the general direction of the ehoots, the occesional so-calltel Irish policy, their wish being expriessal by the
xtoppiag of any young growths which are unduly taking unanimous neve of a public meeting, presided over by the
the 1....1 ; and climbers on trellises will require daily at- - chief magi-trite. To such an expression of opinion it was
%ration to, prevent th,•ir Oviaing about the wieess I presumed that Mr. Paean would at once how, and echo the
aml re at hint the top of the trellis before the bottom is , eentimente of the electors, instead of voting in accordance
prpt o.ilj furnished. On the other hand, it is not a fem. ' with his own. One half of the surmise was correct ; but
plait to ktep the tt•ntler yeung growths tied in to their • the other proved erroneous. The honourable gentleman
extreme pietas, all the pearlier hal the effect of '1.4'1 did accept the reodution in the sense in which the
plire4 them, ,rid I preys-siting their pretreat ; and the plants, parties referred to meant he Mould—and not that in which
especially of delicate spr ei.... loon acquire a stunted ap- , the common acute of the meeting adopted it. But he did
pearenee. We prefer allowing the deeds of strong-growing I not reunify himself, by Viking it as his rule of parliamen-
kite!. to keep from 12 to IS relive in edvance of the tied-in t tare. &satinet. lk del what any one really knowing his
rtion, taking care, however, to prevent entanglowient . character might have anticipated, viz., gave up a trust
War hag. wale, and other insert., which tornient stove which lie could not fulfil on the conditions attached to it.
plain-, inen,se will. frightful rapidity at this et,0011; and Ile resigned hi. seat in parliament. If hi+ constituents did
It is toll soary to wake great exertions to keep them eye, not think his mode of voting satisfactory, they could elect
in elirek. (,feat care is necessary' in watering newly potted., mime more enitable person in his stead. Well, the period
plant-, to prevent the fresh iii, frier beciuuinit "'bleu of the clui•tion is now over, and Mr. Serjeant Murphy is
and en,o d. Whey any plant is observed to he in this teak', „„e‘, ini„,i, me.. fir cork. Ills predecessor did not take
it sleml.l le. shake's oat, repotted in sweet soil, and 1111orit the coustiou•ney by surprise. Ile gave them ample notice
earefelir watenel for the future. But, if this openttien is that he would nut vote .tentinet his C./Millions on any ques-
to he of any service, it must he performed without delay, tion, and that, us voting with his convictions did not seem
as the roots of plants are speedily injured end destroyedto please them, they should get another representative. All
if dhow. it to rs•maiii in contact with unwholewine sell. the world knew that Serji•ant Murphy would not take
Thentargias Clitoriase and other climbing tender the veti..t e.ge
which Mr. Fagan refund. So that, if
anneals, should he trensferred at once from •1-inch pots it was wome
to put the latter out, it must clearly
to thine iu which they are Wended to dower, in order te, get right .i,
t put the former in. In its way,
that they may at once he furnished with a suitable this is an illwaration of the " Irish vote."
trellis. 'I he soil for Thunbergias can scarcely he v. 1 believe the nunnery ease in the west of Ireland,
rich. Itommes of the annual kind* should ocentonally be
whitli I mentioned in a recent letter, has been settled
9 gyred, t.• induce the formation of laterels, and to equalise
the •••rength lathe plant.. Abundance of light is necessary without the intervention of the Queen's Bench. It
to erevoit weak long-jointed shouts, null when their growth appears that an opinion of counsel, which was sent
is nearly completed, and the plants login to produce flower down. etimplt•tely satisfied the parties in the convent,
bud., tie amount of air should be' ennitlerehly increneed, in that the•re was no lbw' in further opposition to the
onl, r too pope, tie in for the rooter atitootatere of the eon-
wishes of the gentleman who wished to have his
beft-lttory. lloOrno:, bare and 1. fielledie are excellently
•arlapt...l file th.• autumn det•oretion if the conervetory ; for daughter returned to him, and that the young lady
this rumen,: they should he putted in 10 or 12 inch pots, is. in consequence, at present residing with her
grown in stove heat till the end of May, and then removed father.
to cooler quarters. The plants will Hower more freely if they .110. Northrrn 117uy, in a long article on the Great
are kept 11.1 their pow than they will if planted in the soil ; ~,,,, ~ .
tt , .
1,. Whion, says •.--
tout tie-re is an advantage in setting the pot, on the surface
of the ere and allowitig the 'tient• to root through, as they Ireland has, hitherto, hail little intercourse with the
- are thereby enabled to guard thomelves against any :leeks kingdoms of the world, and her name is best known
dentddrought, and the nutriment they derive by the same for the sorrows and eute•ringe with which it has been
steins centributes to maintain is healthy appetrann, to a too omen coupled. For her, too, dins the Industrial
later period without intirkring with the prolusion of their Exhibitimi date the emntr.encement of a new era. An
throw• opportunity is given her of ewing that she can
owls(' lotraltTalt:NT. achieve a reputation' by other attributes than her pro-
!, Viventre.•--lii the earlier houeot, use the utmost dile welted wn•tchednese. She can
She prove the chanfge thatd
pee.- to keel. down insects, especially the rid spider; this ha, taken plan: within her. can orwar
Intl ntion, will la, partieularly nquired in 1 s where the to show the etranger that she too may enter into the world's
'rip new of fruit render, it noses:wry to maintein a drier competition. She em make known her rtsuourete undev,•-
atitto-ple re. Whs•re proper care has hewn taken to keep timid, her energies hitherto unawakenca —the skill and
!the. wetly in cheat, little difficulty will be reperit•need ; geniis', perseverance and application, that do yet exist
but if thi. is, or has Iwocii, neglected, the gardener will amongst her people. Ti, the manufacturers and traders of
Igen,' a eh„,,,,. of „„.;„4, ti,,. 1,,,,, ripen ae Mph a, the other climes we Irishmen may lx• able to prove that arts
fruit. :to I, td• MUM', he lOWA expo only a limited quantity and inatittfactuns exist in tour country—that our artisan.;
old-berated sal. for the heat tit of the future crop. Apply. •re es clever as their fellows in other lands, and that the
tug a wash of eultiltur to the hoot water pities OF to the Our- Philo of the foreigner may with profit frequent our shore..
fee of the flues, is the casio st and quiekeet method of Belfeet'e rising greatie•ss will not let utireprewitted, and
distroyine thew inmate. elt.lone.—lii determining the unary triumphant evidences will be given of the enterprise
untidier of fruit to he materiel un teich plant, exercise as oink,. North. l'oroteet antontest this island'. pneltietione
'mach ewe... a. yen would in regulating a crop of grebes; our linen.. and damasks Will halt u high place, and teetify
`the Insole-1- tun ilium 01 .iAes and perfection of flavour, de- to the world our proficiency iu ttUote.. ill which nun menu-
dee lon the plates being iii•itlwr user-stimulated our 051.1.• Lecturers e.Ol proudly challenge competition.
cropped; the latter fault shouted le carelully avoided, io by The same journal, referring to (lie present emigra-
it not only arc the fruits of the first crop tuferier, but the ti on on Bum Ireland, says :
chaine rid aWe I crop is randerell hopeless. Admit air
freely during ware motel • e and maintain a moist atm*. The number, who fly front the land are hourly on the
.phere by awau, of evaporating pan+, and by 'sprinkling the increase. A few year. since the country was congratulate.'
paths unit soil with water. Strawberries.-- Continue ,on the estent to which emigration was going on. It was
res forward eurneeimi, of this useful fruit, and by fume '„ woken of as a thing to rejoice at, that number, of idle
gating oe syringing thetrey aphids.s on the leaves and , workmen, who could get no employment at home, relieved
fruit Or those which un• in prognee ; the. demands j the market by going to seek subsistence elsewhere. But,
particular attention, us these little pests suck the juiee uut the eliarecter of t'e emigration which is now going on, if'
sedge fruit 'chile in its emote state, whirl' of course epee, •., the accounts ilk the Irish journal, be corrt•et, ie by no means
it• app. :triune, and presents its swelling. With proper 1, a sUltioet for rejoiviow. We nod of Crolkoli of iteltistriotie,
tentont strawberries ehoUlal UMW be ulitaintel as giant AS active farmete, who thug up their lands, and, with email ca-
at ;my seJseou; awl .very 111,1111, which Will Colltrilnite to j loitoil, in their pIOW4-•••• , Wait our Rhone, for a distant clime.
la,
rode., fie, e ellelevoured fruit should he put in loraelice. !I tole eltip.carries uhf it. Mindrol and forty paoeuitet,,—
;Placing the plants mar the glue., where they FAO have a 'another an two hundred—another it. three hundred,
fr. e , inatletiou Of air, but at the came tittle Ile Ittllinlell Mill soon. Within three days, last week, us Illatly as 410
reelistst etell currents, is very imported. 'ltic small emigrants left the poet of Limerick alone, and hundreds
'weakly le•rrio. should he thinned out, leaving from tee to neon• are flying from Cork, Dublin, Waterford, Wexford,
ten of the t promising upon each I.llllt. ('p to the and other puts. All those people are earrying consith•r- '
Jim.. when the fruit begin, to change colour, utanure water auto sums of money away with them. llow much more
'may Is• avian,' with ,elventage once a week, but alter II valuable four the eountry would it le', if such incii were I
that it swede le• entirely withheld, and even clear water ovitplooved, and their money infested, in the cultisation of
*lambi he given more neslerately. The Ha•our of the 1 the ...41, with .lut. ...corny for the enjoyment of the fruits
fruit very ,melt tleps•iels upon careful attention to thew • ~f their latentr. It is a ntelineholy thing to think that'
points. whilst all Mica. class-are righting themselves, and gnu-,
itOVirll ft t ttlot.e .5510 SUM' ittlilltlE.S. dually advancing to a credit' of pi-tem-my the country
• iThe evergn ens which were it in the Mower boils lieSer before enjoyed, this one important section of the
during the wino r ehostilsl bole Is- rtenesed to the reason, , community- the occupiers of the roil - should still leel
ge01.,. in order that the ground laay be prs•parel for its clucked in the road of self-improvement, by misehievous
mourner teettionte. The Wits which "LAC 111.10 tilled with anomalies, whose iujurtous working the legislature itsif
ens' nee, or , tie r winter and spring dowering bull*, are 15.., acknowitelgtel•
gent ralle peeler, .1 for this parlous- by taking up the bulbs The London correspondent of the e'reetwoi liar
about this 1411 • ; O. It a pewter, however, is nee obi..-
.t' 101 l , toll los tof the fokige not Swing suffieientie cheered the drooping hopes of Irish landed iiroprie-
"ripen, d ; :111.1 i's, it if the hullo are left in the g 1 until tons by assuring them that schemes are on foot. and
props•rly metered, and then taken up, the Nosier. Sr.' not are approved ttf by certain great capitalists in Eng- .
oc.tt) si how or set sanely( es When heft 11111.1isturhed. Esser/ • land, fur advaticiti moue) on the security of hinits •
sgeeetton nwy he n•moved, and much tannries..ty which base r • - •
jk1,,,e1 through the purilving ordeal of,
Edson pr, sewed, be laying • few int-ht.* el' fresh
Mel 4.11 tilt' he as ifor the summer flowers, with- the F.iieunibered I.:states ( oinnussion. Ile mentions '
out slisturbittg the bull.. When this operation is the 10110Willl2 plan which hast Ill•t•II suggested fiur the
being in rierusoll. the leave, of the crocus's should formation of land companies:
be 164 teeethit in knots, that tin 7 me/ hate I It eropme to cable joint stock companies (having first •
time to maitre thenewlits, without interfering n ith I one a a cert.fin amount of capital) to Purchase. lauds from
tie it surceseore. In removing the letter in minium, time ei„„iiti.„iaiit re i„ f,,,, and then to borrow an amount,
the v should be drawn out of the ground, in order to pre-
, 1.,. I el,u,iel,,,tt,.•.lltalf the port-haw' money at .1 per mut., such oust-
s. ,t tojury to the Will. beneath; at the same • ~ , no •r an. obligation to auti-sell such bade to
bon oil the eloring topolreeting should In remere.l, sultivant ' rOolvilendt imi; sr
to IVA, all.At 2or :I inch, • trOnt the onalOhive. By this tile- • . third."( fanners
i ~,
11• I'S 111 quantities of not less than 1:f Litre",
remainingura 1.. .y
ttitut be paid by the fanner
these gorgeous ItliOst s of dosser. are displayed, both sun-' in cash, and tie'.
tim r and %Otter, Is ithout the pyrite of Otte se,isoll intiaLr- ~,,,t„, „,secinit'a Periudt 2t4tr°-yearst4r. AhtYtht ter•xrrptirdatimito'nutlif
tread-
la with those of another. II this period the fanner would year.
the absolute owner. A
lerrelltrli t;.% MIEN.
Thow who htiVe sown their leeks Oa a frame (uctstraing to trusteeship, consisting of two penams tin behalf of the com-
pany, and two waster in Chancery on behalf of tl • f • '
fornwr directions), with the ' station of tratoplauting. I would have the management and protection of t"lic4Thprlkrti"t;
should now int the ground resents for them. To towhee t '
the, eetelWitt vegetable in petit-silent it should be grown as • °arise front the lends mail nenplteely released from the
. , original loot affet•ting them ; the compauy to be under a'
Loge and as quiekly as puesible, as the tl. tsour is therebe further oblieation to provith• comfortable
tendered much nattier. As the leek is fetid of nimsture, its ' :ittoltiproper Swelling-housis for labourers, it.i ca. eclramoisodpahLiloint
roots base an, al tcuttiney dawnvrard+. dens Mg tit. i ought that tour claw,. Would be benefited—the Eng-
'tourist vet pro, 'pally II In low the reach of the es,
himrt ' l'' II capitalist, the company, the independent fanner, and ,
sun"( so ttttt oer. •rike ground for this crop should be dug le ~r ' tr, iataa.,,, The first would reeves, a Well-recured five
Al inehe• Wep, awl the UI4IIUTV Laid into the bottom of the
andpa-reetit. for his money, the soutul about nine per cent.,
tree+, which . ttttt 1,1 he previously loommed up with athird would have what may be regarded ar • fair
fore. Of the 'dottiest we sill aprils in a future hi
"um l'• ' n•ntthattill perpetuity of tenure ; and the last would be
Atter this time it is lett, rto sow lettuce when it is ' placed on the tooting of a civilised being.
renseitt. The drills should be ellaWlll 11l or 12 inches apart , itessumes that a joint stock company could at present rea-
The above plan
awl e few seed, droppeal in at intervals of 8 Maws; these
that
purchase land at a rate of from 12 to 11 years, and
peeps, as wen as they ire Eerie up, should be
l„%uuttet,...d
tutu Ii
Lets
it could quite as readily seinen the- same land in small
one plant. It it bete. rto avoid transidantitg
testa: a rite vet' from 20 to '-'2 years. It, however, resumes
Runnier, no the tap nee is liable to get broken in the'
fanner would be perfectly willing to pay 6 per cent.
opeottion. and the plants have to doped for their support fur tectethire, of his purchase money until discharged.
on the surfece sole which for this crop is too much espNort
to the timing influeure of sun and wind. The plants are t
thus rearm! deficient of that crispnes and emeriti, nee
whi,h is as itodivalwablc in this salmi, and are much enure
liable to ran to reel. In het summers, transplanting a ill
smly suceeed in such grouml us that of a Loudon market
gardeuer, where the soil is very rich and moist.
Hanna,* tattle Oahtlots.
Wall trios on which the fruit is set, Afoul,' have their
emeing of spruce or yew branches gradually tit tttttt ed •
particularly where the latter is Used, as the leaves •
three melt longer then they do upon the sinu eeru. continue
ms I
menet tie dire... Ming of peachee and n ta ', by I
musing the Ga.-right and back buds nowue butr'utis re.'
,4„,enuroftb:
Vaal arrangeraent for ten tar re f • h longer.""
the
the bluessoms are fairly set, advantage t'ruisTultil, After
tine morning to leash the treesrt
with' the tng.:''unT
removing decayed bl s.
double purpuee of
Mg the green Hy.
acre% kflueinstiorturygrUrnth
i:het.t.rel 'lllitth:ttbilickus:
of wood; but if ththeY
sums, thin out some of last year's shoots, wherever there. is
de
Shoots only, and in cutting
a superabundance of them; taking ca
them, to leave the lowest bud
re to remove side
out each to produce a new shoot. In this manner, young
wood may be obtained in parts of the tree which would be
otherwise baron. Let Particular attention be peid to
head-picking, and destroying caterpillars.
3Lk1.1)0,1 CeneeTT et O'er, APRIL '22.—(Before W.
Outdo., Esq., Judge.)—Maldon election expenses.—Slush
interest was excited by an action which it was undentuod
would coma on fur trial, brought by Mr. Dick against Mr.
Waddington, In connexion with the expenses of the last
election. It will be recollected that verdicts have been re-
covered against, Mr. Dick in several eases by persons in
Malden for refreshments, banners, and other matters sup- •---=---
plied at the election; for these, it seem, Mr. Dick con- ANcrnant BOILIIt EZPLOSION.—On Tuesday last
alined Mr. Waddington jointly liable, and accordingly !an explomion took
_place
broeght an action against him for half the sums and ball and Suaderland Mauch hailer, Sear:. NAgine °D ad" Thubminea
the mu of the saint amounting to 161. 15e. 3d. When' distance of 70 yards fee: which
A' anode- Iwil.-
etameda
the event oust, however, ft wee stated that the matter had ; Farrow, was seventy esaMed,milmissaLiiis la—, ~,,' - iiisciiiiiii
bees settled, sad the seas wee struck oat. •

FESTIVAL OF TILE THREE CHOIRS.
The usual preparations are being made for the
holding of the triennial festival of the three choirs of
!Worcester, Hereford, and Gloucester, in the summer, at
1 Worcester. The full complement of stewards has been se-
cured, and a guarantee fund is being raised. The festival
lbw, been definitively fixed to be held atWoreesterCathearal
and the College Hall on the 26th, 27th, 28th, and 29th of
August. Mr. Dove, organist, of Worcester Cathedral, is
appointed conductor, and he has already made some of the
engagements, including Herr Formes and Madame Castel-
, lan. A desire is expressed to secure the services of Jenny
Lind, if possible.

UNIVERSITY AND CLERICAL
o:croup, APRIL 25.—This morning, Mr. Charles
D'Urban Morris, 8.A., of Lincoln College, and Mr. Henry'
Parker, 8.A., Scholar of University College, were elected
Fellows of Oriel College. The fellowships are open to
members of the university who have taken the degree
of Bachelor of Arts. There were upwards of twenty
candidates.
CONSECRATION OF A NEW CHURCH AT CIIORLET-
-The Bishop of Manchester consecrated the new church'!
of St. Peter, Chorley, yesterday. The church has been
built by subscription, and is consecrated as a chapel-of-ease
to the parish-church; hut it is intended to be constituted
1 hereafter a perpetual curacy. Richard Bashall, Esq., of
Walton-Ic-dale, presented the ground fur the site, together
with that for the church-yard, the area of which is 3,000
square yards.

PREFIRAMENTA:

Rev. G. Butt (Vicar of Chesterfield), to be a surrogate,
diocese Lichfield.
11ev. 0. W. Corker, to All Saints Curacy, Maidstone.
'ter. J. C. Flood, to Itolywood Perpetual Curacy, dio-
cese Down ; patron, Rev. J. Davis.
Itcy. W. B. Galloway, to St. Mark Perpetual Curacy, St.
Pancras, Middlesex.
Rev. J. F. Macmichael, to the Head-mastership of Queen
Marys Grammar School, Ripon.
Rev. T. Sedger, to Rutland Perpetual Curacy, Lanca-
shire; value, 1,01. ; patron, Perpetual Curacy of Colton.
Rev. H. T. 'Thomson, to Crewkcnte Curacy, Somerset.
Rev. C. Worthy, to All Hallows Goldsmith Rectory,
Exeter; value, 1301.; patrons, Dean and Chapter of Exeter.
Rev. George Stone, to Thurgarton Rectory, Norfolk ;
value, 206!. ; patron, Trinity College, Cambridge.
Hew. Alexander Martell, to Caldecott Rectory, Norfolk,
on the presentation of her most gracious Majesty the
Queen.

VACVNCIES.
Chaplaincy to Statfonl,hire County Gaol : Rev. T. Sedger,
promoted.
notepthip ; Burton-upon-Trent Grammar School Bead-
maiterghip ; patrons, Trusters; Rev. J. F. !tlaciniclutel,

SPORTING.

NEW3IAIIKET FIRST SPRINO IIEETING.
BETTING ON THURSDAY NIURT.
CHESTYR CCP.
7to apt Mr. Trreida Ithent.
10 to Mr. Mansan's ituaeborough
10 to Keot‘a lot (t)
t Mr. Mi (Manes The Italian
12 to Mr. NIA.M.II The Mack Doctor
23 to Lord Ealiniatcet'a Kulight a Avenel
30 to Mr.
D CareleoEADY.
Eva.
4 to Str J. Hawlet'. Ted.lintrion
13 tl apt Mr. Ilattord'is The Prime 31iniater
7 to la.r.i eidleld's Hernandez
13 to Mr. tl.b...deatueis Mountain Deer
17 to Mr. Ite,:w nes lin,.
20 to Lad I,4ltatoes Hewitt. Dundee (t)
30 to Mr. Ganaten ecru..
OAKS.

7 to 2 are Sri. Ifituireiriihrnclite
The following bets were laid in the course of the week
DERBY, MS32.
4000 to Al art Itruthrr to 11i rn auks
Sroo to et fink' of the Mist
:500 to 30 Augur
2000 to 30 Wing maul
3000 to 100 Pvpprrntiot
3000 to 45 Amino,*
500. to 75 trine +e colt
MOO to 13 The Old Lie!.
Mr. Oobaldestou has refused on offer of 7,000 guineas for
the Mountain Deer and his bets.

Fuths.v.
SWEEPSTAKES of 10 sots each; for 2 yr-olds, Gst
and 3 yr., flat 7th; mares and geldings allowed 311 w. The
winner to be sold for 30 MM., if demanded, First
half of Ab.M.
Mr. DeMotnere's Guy %meeting, 3 yrs (nwthslomew) I
Mr. IL t'oner's Eirebott, t to.
Lord liateinnien b f by M. gramma out of Ptitrae, 1 yre
(0. Mann) 3
Betting : 7 to 4 on Guy Mannering, who won in a canter
by Mur tenths ; the winner claimed. Run in .32 secs.
NEWMAKKKT STAKES of 50 ism each, h ft; fur 3 yr-old
cults. tist 71b ; fillies, list 21b; the second to savo his
stake. DN.
Plll Etta is Milan (Vorenan)
Mr 3. 11 Corley'. The Contactor Mason) 2
Mr. lieson'e Ateltraanan . (My) 3
lMeo Chtiletes ....... ..... (Roblawc) 4
Mr. W am. anie !impale
lake $4 Ihrtinownl'• non Whitman) 0
Betting to 4on Confessor, 4to 1 art Midas, and 10
to 1 agst any other. Midas, The Confessor, and Abilem
haman, laid together to the cords, where the latter gave way,
lwaten ; a severe race ensued between the two favourites,
who had made all the running and WM never quite
11'idtascaught,
1,
winning by a neck, Abderrhamaat a bad third. Run
in 1 min. .ill min.
j M A.F.—Mr. Barnes's Sotterloy,o yrs, get 101 h,
received :Al sots. forfeit from !ike of Bedford s Bordeaux,
4 yrs, list GM

eI:ItitAGII APRIL MEETING, APRIL 23.
The visitors to the Short Gras." who left Dublin
yesterday in anticipation of enjoying good sport were most
miserably disappointed; a walk over by Chatterbox for the
Wellingtons being the only event of the day. The attend-
ance was thin.
WELLINGT,IN SLAKES, 30 soya., h R. Three-year-old
course.
I Mr. Watts' b e Clutterbos, 4 yrs NA (IWey) Walked seeL
Arita 24.

Ilia M AJESTOI ;Wilii-gs. for horses, &c. ; 3syx
old", ist lib ; four, Ost 4lb ; five, (Joot 1316; six and agul,
lust 4lb ; mares and geldings allowed 316. Red Post.
b Tom Ito de *law r, out ol Lynn, 3 yrs(l, wsnas) I
Mr. Solon's ab h lgueber, 6 ,r 4 • (paws n) I
The following also started but won not placed.—Mr.
Irwin's b c Thunderbolt, 3 yrs (Lynch) ; Mr. Slierlock's
b c Risloolph, late Duke of Ws Walston, 3 yrs (E Keegan);
Mr. Wyntiv*% b v Remunerator, 4 yrs (owner),
Betting: 7 to 4 ion The MunLotis, and 0 to 2 agst Blucher.
Blucher made strong running to the chains, where Tho
Marquis joined him, bud the bust of it utter a slight struggle,
and finally won very easily by tour or five lengths; Remu-
nerator a Lad third, the others beaten a long way.
A SW ELV,TAIIi EN of 10.ovs each, h tt, with 211 added from
the Trainers' Fund; one mile and a distance, on the Peel
Course.
Lord 7'aterPrlliw eb f,kbov4kb.upsthoi-dust, by The
Star nt 7st Ilb
(Millwri 2
(13,w'

Mr. gain's be e k bot, st . ...............
Mr Cisneey's b f Kin le.thv-wily. I' lb .....
The following alao started, but were not placed : Mr. Ir-
win's gr f by Tearaway, out of Iron-mould, tat 211, (Lynch);
Mr. Ilarribun's eh c by Magpie, 6.4 71b (litagato, jun.).
Betting:-2 to 1 agst wior and Kick-up-the-dust, and
4 to I ugst Kindle-the-wisp. Kindle-the-wrap, with Whitt
and trim-mould, laid up, made the running to near the bank,
where Kick-up-the-dust reached the front; Iron-mould and
Kindle-the-wisp were beaten at the Lord Lieutenant's gate,
and Kick-up-the-dust,takiug the lead from Whitt, woo very
easily by n a length.
SELLINII STAKES, u Sweepstakes of 5 DOTS each, with 25
added, for all age.; three-) r-olds. Cot 41b; four, bat 4th;
five, bat 131 b ; six and aged, Out 511, ; all horses starting Stu
subject to be sold fur 200 slAti, if entered to he mild for
1301., allowed 'alb ; 100, 91b ; 50, 1 ilh. The winner to be
sold by auction after the race ; one mile and a quarter on
I the l'eel Course.
Mr. Marphy's clue Io ris Philippe, by Maybey, 4 yrs (100 am)
Yap* I
Lord Wa•crford's eh c Marquis of Cambia, 3 yea (100 toes)
Doyle I
Mr. J. b ganef Baron. 3 yrs (30 soy.) 3

—•-• , ,
The following also started but were not placed : Mr.
Williams's b e Conveyor, 4 yrs (60 sues) E. Keegan ; Mr.
T. Kennedy's eh m l'eg the Rake, 6 yrs (60 sous) Harrison,
jun.; Mr. Irwin's ch g Pin Nino, 4 yrs (.50 toss) Lynch.
Betting sto 2 Not Louis Philippe. The larquis of
Carrabaa, getting much the best of the start, made strong
running to inside the chains., when Louis 1%114/pc got to
him, and, after a eery severe and exciting race, won by a
short neck- Ile was afterwards put to auction, but there
was no offer beyond his stipulated price.

MILITARY.
(From Irttalitbee Unu/le.)
WAKAWIIt:e., Aram 2i.
.

kd age- et Drag. 011.4ZCII;;;Z:l41701:14:i. from the 6th F.,
to \gavot...um., vim ..,•!t rA. app to the :tat Y.
12tb I.r. Drage.—Laeut. C Ceatut, to be eapt., by pur , eke Wattabell,
also rem ; Corset R. H. El hay. to be heut. by par., aka Curtis.
1610 U. Ung..—Lleet. W. T. I.)bre•oe. to be rapt, by per.. vise
Renew. who Tel&
t;th Lt. Mora -Lieu. W. Mosel% to be apt. by par., eke 15..,
lobo rata; (bract J. U. Tooa.sa, to he lieut., by pain Wee

kb Nev. 0( W. P. T. Iyry, from Os AWL to be
rodet.wop. vire Allen, *pp• to the Srd Gds.
Ittb 14.—Cept. W. (300 Awn E.-p. soar., to be espt.. time Mel,
app. would. ; L eat. item, IT to be cot., by per., eke
Dawns, who row ; DN. 11% IL N. Alethrtee to be lieut., ti per.,
nor liestmereley.
17th K. N. Ceeitoot to be lira., by pow., 'dee Nemo, trio
retw; FIN. Z. A. iharatert, treat the J3ed P., to be wia"

ORPIIAN WOREING Scituot.—The annual report
of this institutima,preseeted to the general court of governors
on the 2.3 th inst., states that at the commencement of the'
year 1850 there were but 197 children on the establishment.
In conseqeence of the distress occasioned by cholera an
=ire election for 26 children was ordered. At the ordinary
election 40 were admitted, and one other upon the presen-
tation of her Majesty, making altogether 61 as the admis-
sions of the year. Only 29 left the establishment during
that period, so that the actual increase was 32. There are
now in the schools 220 thildren, and with those to be ad-
mitted upon election this year the number will be 240, the
total number which the building was originally intended to
accommodate. The daily average number on the school
for 1850 was 217, and the average cost 21/. 4s. le.
In 1849 it was 231. Ids., the, showing by an in-
creased number and the reduction in the price of
food, &c., a diminution of cost per head of 21. fn. 10}d.
The cash tatement shows that the ordinary receipts of the
mot year have exceeded the ordinary expenses by 511. Is.
'lle health of the children continues satisfactory, and their
conduct good. The committee have found it needful, in
coaselnence or the greater number of boys in the school,
to engage the services of a second assistant master. The
Sub-Committee on Education report that " both the bays'
and girls' school see in good order, the discipline be
well soutained by. • system equally firm and kind. Mush
care is taken to give the children a sound and useful educe-
tics, Inibreelar scriptural knowledge and instruction, as
well as mite\ ti inthonteden Ekely to be of we to
them elms they leave the school.

Cradeck.
tad IC—Aslet.-Ssre. J. tieveress, 11. D , from the 3rd Dray. Gds,
to be esie.evert, see J. Asdivers. lLf., cot
s: t! Y.—Lbest. IL thew to be e/pc, by purer ere Fleet, who rota ;
let G. Y. SOWS to be tout., by err., vice Munro.
F.—ht. I A. Di LIMIllt to be lava. *shoot per., Goo Row/
deo.; Gest. Cubs T. A. 61:1.1.01FIA from the /loyal MU. Cot., to be
es.„ Woe Debeer.
1/11 F. —Civet T. C. Lessee be be rapt, by par.. ties Coates, wbo
rote.; lot S. A. Kiss to be beet., le, pa., see Dunbar.
Ilneveree loan.—l. TWYy {rot, to be eicst.serg. ti the loners,
'he Ivey, app. to Ph F.
Nat*.— pt. W. Ossness, of the 14th F., to be siejor In thearow.
lilllllollllllllloll.—The Chrisloe sues of Unit. Lars., of the 16th
sR .Thestss Casey."—lfth asst. of F.: The swoulitteiret of It
G. Minna, pest., to be sea, by pee., vice opowieb, Prow it
Sated IS the &mote of the lab Apni. 1161, bag hire amiss%

THE EXPRESS, SATURDAY EVENING, APRIL 26; lB5l.

BEM. tan MART.R Or TU. Roue.

ATTORNEY-GLNERAL r•. l'lcK mut su.— IN ILE MARSITAI.L.S

CHAKITY.

This was an application to the court for a reference to
the Master respecting the charity called Marshall's charity,
originally established for the benefit of the parish of St.
Saviour, Southwark, in the county of Surrey, and respect-
ing the application of the surplus accumulated funds of the
charity. The original objects contemplated by the founder,
John Marshall, were educational and I.ll4ol.l:o,liCiti ; that is,
the support and maintenance of a scholar at either %Juicer-
sity who should have been horn in Southwark or Stamford
and educated at St. Saviour's School. Southwark ; and the I
erect* of a church, to be called Christ Church, in the
parish of St. Saviour, and the support of the clergyman
thereof. These objects have oth been fully carried out, an
act of parliament having been obtained for buying ground
fur the church and for a churchyard, and there is a large
accumulated surplus of 7,0100/. now remaining undispused
of, the estates producing upwards of 4,000!. a year. An
information having been tiled at the relation of certain
parishioners of St. Saviour's fur the settlement of a scheme,
and a reference to the Master for that purpose, and to ob-
tain the authority of the court to go to parliament for an act
to carry out the scheme, which proposed to increase church
uccommislation and other matters cyptis, the petition now
came before the court, and it was sought to have special
directions given to the Master to whom the reference
should hue maile, and that the reference should not be
merely in the usual general terms.
Mr. Itoupell and Mr. Morris for the relators; Mr. It.
Palmer and Mr. Prendergast for the trustees of the charity ;
Mr. C. Palmer fior the churchwardens of St. Saviour's pa-
rish : and Mr. Ilehberden fur the parish of Christchurch, a
section of St. Saviour's parish.
'l'h, Master of the Rolls would not, in directing a refe-
rents., give /111 V special directions, which hut thought ulna,
'[hue Master would settle the art of parliament (if
he should think one necessary) proposed to be obtained,
and if the parties were dissatisfied they might apply to the
court. Ile would also take into consideration the future
appointment of new trustees and the other matters. The
; Attorney-General, the relators, and trustees of the charity
would have their expenses of attending Istfore the Master,
but he was not disposal to make any corder as to the (-tots
of the other parties, who however might apply .to the Mas-
i ter for leave to attend, and if be should think tit to allow
them to do so, their costs would be fur the consideration of
the court afterwards.

COURT OF QUEEN'S BENCII—YEsunnAL
BCCONO• IN BANCO. lemur. l ONO CANINIALL, Aa. JCOICK BAT-
TV.ON, Ma. Jtvner WitiONNAN, AND Mi. P.r cr VAL,
The court was occupied the whole of the day in hearing
the arguments in CAW% in the special. paper. UMW of which
involved any matter of sufficient interest to justify a report.
....

BUSIN or TIIE COURT'
Lord Campbell said that an application had been maol)
to the court to allow the eases of " Corbett r. Masser," and
"Glover r. The North Stalfordshire Hallway CoMpany,"
which stood with the special paper on Tuesday nut, to
stand over for the present, which the court had acceded to,
and he mentioned the matter thus publiely in order that
gentlemen engaged in eases lower down in the list might be
prepared to Irving them on.
Mr. Crowder, Q.C., said he wished to make a similar
application with respect to "Gibson r. Vernon," under the
impression that if granted the court would not be troubled
with the case at all.—firanteel.

BAIL COUltT.—YrwrrathAr.
PITTI7•O4 IS ILLSINS H lakk 11k. JULTICK emsrmar.
THE QUEEN- r. THE NORTH WESTERN RAILWAY CO*

PAN V.-MANDANICK.

Mr. Phipson, on heb tlf of the local hoard of health
of the borough of I.aneaster, moved for a rule calling on
the North Western Railway Company to show cause why a
mandamus should not issue directed to them, requiring
them to construct a bridge over Parbadoes-street,
lan-
caster, in accordance with the provisions of their act of
• parliament : and atm that they should build another bridge
over the same street instead of crossing that street on a
keel. The defendants had built one bridge, but it was nut
in arcordanee with the directions of the act.
Rule grunted.
Env (a, Er,/ T. GAIIItrTT AND OTHERS.
Mr. Ballantine moved that the prisoners should be
brinight up to plead to certain indictments which hail torn
preterred against them by the Commissioner of Cost .
l'he prisoners being in court pleaded nu follows: riarrett
pleaded guilty to two indictments charging him with steal
ing a quantity of pepper, in the year DM, the property of
the London bock Company ; Stealford awl Pool plead.,
nit guilty tip a similar indictment ; John Johnson pleaded
guilty to an indictment charging him with stealing entree,
in Itsls, also the property of the London Dock Company ;
James Clarke pleaded not guilty to an indictment charging
hint with stealing two bags of coffee, in 1&30, also the pro-
perty of the 1.1111110111 lhale Company.
Mr. Ballantine was instructed to state that if the defen-
dants who had pleadisl not guilty could produce any bail
whatever his clients would 114: 811Xi011. it should be received.

Bayous Almanac-mum Kahan Barb.
BENSI:KAN C. NEUENIIA4.-IA7INFACTION.
Mr. Jas. Parker and Mr. Iletherington were for the plain-
tiffs in this cause, in which the principal question was,
whether a debt owing front a testator in respect of
an estate, of which he was one of the trustees, was satisfied
by a legacy given by hint to the trustees. The debt was in
respect of a transfix of 2,Maff., New Three-and-a-Half per
Cents., and the legacy was a le-quest of 6,0004 of the same
stock.
Mr. Bacon and Mr. Teach, fur some defendants, sup-
ported the arguments used for the plaintiffs, and contended
that the legacy was given in addition to the debt.
Mr. Swanton and Mr. StcVrati were for the executors;
and Mr. Goaxlevc, Mr. Renshaw, and Mr. Rogers, for other 'I
defendants.
The Viee-Chancellor said that, according to the rules of
law, the presumption was in favour of a lemwy being in
satisfaction of a debt due from the testator, and he looked
in vain for anything in the present ca-c to displace the pre-
sumption. Ife must then-fore bold that as bt tween the
I parties interested under the settlement and the will, the
legacy must be taken to be satisfaction of the debt.

Mr. Justice Coleridge said It any of such defendant,:
could product" too sureties in 21t/. each to-morrow day)
thi y would he set at liberty. With ri f•reuce to the' defen-
dants, who had pleaded guilty, he would look over the de-
positions to-day, and pass sentence to-morrow.

COURT OF COMMON PLEAS.—YE,qmenay.

Su-too,. IR 144c0. -11. vomit Loau t Mkt' ltllllCl6 Jvkvta., MX.
Jr•IIICK Jt,TICX ANL. JI,T,CX TM,
rosl u.
. . . . . .

I he court wa occupied thin morning in hearing the caws
set down tor argument in the demurrer paper, none of
which, however, were of any public iuterext. the court
rose about one o'clock.
SIM., AT Not Yawn WIDDLIASX.—Bart
A.l. • 1.014 W. Jetty.
BININESII OF TIIIE COUNT.

Ma. JI:+1101 M*VLX

DiPOIR LORD'

(Wm, CRILIKILSAR).

.....--- . .
IN RE TIIE INDEPENDENT AsseltANCX COMPANY, Ex
rum! HOLT.—WINDINII-UP ACT.—CONTIIIHUTDIty.
Mr. liethell and Mr. Roxburgh moved, on behalf of the
official manager of the above company, that the decision of '
the Ma .ter charged with the winding-up of the Independent !
Assurance Company, whereby the uame of itol.ert Holt had
been excluded from the list of contributories, might be re-
versed, and that the name of the said Itulort Bolt might be
included in the mid list as a contributory for 1341 shares. It I
' appeared that the above eonipanv was registered in October,
1 1148, The managing director of the company was William I
1 Holt, and the managing committee allotted to this gentle-
man 300 shares in the company. Mr. Robert Holt, whossas
the brother of Wm. Holt, then agreed to take 150 of the 1
shares allotted to his brother, and to become a party 1
to the subscribers' deed of agreement. This arrangement
was effected, and Robert Ilolt accordingly executed the
deed in respect of 150 shares, and the company was com-
pletely registered. At a meeting of the directors audit.- ,
quently held, it was resolved that the allotment of shares I
to William Holt should be rescinded, and it was stated
that this was done out of no unfriendly feeling to him, but
because the directors considered that Lis salary as manag-
ing director ought not to he paid by means of shares. In '
consequence of this resolution, Mr. by
Holt handed over i
to the directors the scrip certifieates which he had received. 1
When the matter came before the Master, it was contended'
for Mr. Robert Hdlt that he was only a trustee for his
i brother, in respect of the 150 shares; that he could hare
derived nu benefit from them, and that he ought
not to be made responsible for any liabilities in-
' oared thereby. The Master considered it a hard
i case, and struck out the name of Mr. Robert Molt
from the list of contributories. It was now submitted that
the Master's decision was wrong. Mr. Robert llolt, by
lsigning the subscriber; deed. had undertaken all the na-
bilitics which that act incurred. If he had not signed the
deed the complete registration of the company could not''
hero been effected, and the question now was, not between
I
him and the directors, but between him and the other
shareholders who were represented by the official manager.
The directors might have rescinded tbe original allotment
to William Ilolt, but no verbal arrangement of that sort
could effort the actual execution of the subscribers' deed by
Ihis brother.
Mr. Cairns, who appeared for Robert Holt, contended
that the Master was right in his decision. The 300 shares
were allotted to William Molt by way of payment for his
services, but as he was the person who covenanted with the
shareholders in the deed of agreement he could not sign the
deed in respectof his allotment, consequently 150 of the shares
were awarded to hie brother, who was a mere trustee for
him. The certificates fur these shares were afterwards
given back to the directors, in pursuance of their resolution
rescinding the allotment, and it would be very hard to make
Mr. Robert Holt liable for these shares. It was also con-
tended that as the shareholders were only liable for the
amount of snares actsatly held by them, and as Mr. Robert
Reit weer bad held my of the Maim, that fact would AD-
MITS him from say liability.

The IM of causes fur this (the first) sitting in term con-
tain, thirty eases, one being a remanrt, and three of the
WIES ere marked for trial by special juries.
DUE ULM. ILA LE ANn 0711E14E C. 0 A ININ.—EJ EETEENT

lab) Bitelliaence• thi„ We. it was cLur that whaWVer might have .
been the untele "this[ it was an unfortunate nutter, and i utin-:y
- Lord Cranworth staid he had no doubt whatever upon presentation the 2s. nit. was of back, and a statement
re:l.m for Mr. R. Holt executing the deed, it was too late owing to the impnep r answer given by the railway eh r's at
nal into Birkenhead " There- ,no antheenty from also el,
EQUITY COCUTS.—YrsTERDAV. I now to speculate amen that matter. He had tta
d from • our itt their employ, to effect the In • 1...,
MUM% Till LOAD CllsNcia3.o.l. 1 tl ey had nothing whatever to do with it.
siele•md that all wen
Is Or BEI.uvEl. WILKS'S CIIAMTY.—CoMUTITIoN SE-, Th,y naturally eon
.. ,
.. . • e•ntering upon mot am t
IF • I Ishi e did A rule to hhOW CLaisv V'-i4 grnt:A.
TwFUN TIIE ROT JOYCE, AND TIIE lioX (W.F. undertaking with common auoilitus. 1. ore .1,
nn agreement with pelmets quite apart from the direetora. ants, or roin any
The arguments in this appeal, against an onler o , . BAT W.T311,181,—8.84..8 MA. UAW.. ALIPAAOS AN, t
o doubt Hun furs
mu... . je.„
I. what they thonght best ; they
cone.
tthheinkdirethcattorrmytehainntg
tloik:
,171tiel was
.intendeyl.
eft
Vice-Chaneellor of England, were brought to a
elusion. The case was this :—Mr. Wilks, formerly a bene- consideredsired that they
tarnwt.: :lc. , tine nght in allotting tht•altares BXLInly r. COTCIIIND.—ASBXELT.
ition in thn • ,
fiend clergyman au ; n , t for an assault, to which the defendant pleaded nut kJeuely.
• Gloucestershire, founded an endowment
they had done wrong and rescinded tlie a
or charity, for the education of three young gentlemen for thought h , ohm. n , This was an action to recover competes . , ia,
instance NS ilium Holt, and Om afterwards
',non • and his platen was r. .•, M M. Chambers and Mr. Ilannen were for the plaisoill;
the church. They were to lw the sons of persons residing but that did not affect t c 11l . . ~ t
n.
to
the awl .
..
Mr nerjebut Wilkins and NU. Lush for the 114.6ml:tat.
of three sperified eon sties in Gloucester- that Mr. Robert Holt was liable, :is a contrthu. 3
h_
in one or other
shire, in a respectable condition, but whose means might company, in respect of the WO shares for which ho ad The plaintiff is a fanner, near Twithenhant ; the ,I,
• fendant a Cattle-dealer ; and on the Nth of August they
not lie sufficient to give their sons the necewary education. ', cxecutea the bu s senbers• deed. were returning fain Brampton-hush niir, in Oltiirdslaire ;
The charity had been lost sight of, perhaps abused, for a . .r.
a lin MAYOR, ALDME4 EN, AND BERG FUSES OT and it wets in a carriage at the Farringelon Station of the
lung limn, but was set right by the charity commis
'i"ner.' PRESTON r. Tut EAST LANCAsitlitll ItAtt.WAY COM-
Great Western Railway that the assault mew natal:Mast
in ISN. On a recent vacancy the father or brother of a! r.t..y. r
A —ANA:Mt:VON TO ItEsTIMIN A RAILWAV Ctrl[- of was committed, under the circumstance. stated in tai-
led named Joyce applied to one of the trustees recommend-1
raNY FROM TAKING LAND UNTIL TIIOY HAD PAID thrice.
ing him, and lie was elected by the trustees. Au applies- • FUR IT. 1 Benjamin Benn, farmer, at Ilanwell (a man of Herculean
tion had been made by the parents or relatives of a lad I Mr. Bethel' and Mr. Kinglake moved for an injunction "
stature and proportions), deposed that he was in the r..:1-
named Gale, before the election of Joyce, but the trustees Ito restrain the defendants, their agents, and workmen
way carriage with the plaintiff, when the defendant rune
replied that the vacancy was filled. I. pan inquiry by the from occupying, or in any manner using or interfering •
in and began "jawing." The defendant said " I have ad
relatives of Gale, it was found that Joyce WAS born in I
I with, a piece of land useel its garden ground, adjoining
the i you now, yint ; I'll give it to yon. You can't gel
Cork where his parents resided; but his father having a I town of Preston ; and from keeping, or allowing to re-
away here ;" and then struck the plaintitlon the fordo at,
sister married in Gloucestershire, he used to spend his va- 1 main thereon, any part of the masses of earth and soil llt was a hard blow. The defendant then struck his a
cations from whad with her. The lad Gale was duly qua- I w
thrown upon such land by the railway company. 1
second time on the side of the nose. Tln he plaintiff oeer
lifted. .k petition was prewatcd to the court in the course •
st ax stated in support of the motion that at the time the 4
Vice-Chancellor made an order for a . - spoke
it word. Ile is of a rather weak constitution, seal
of last year, and the
defendants applied for the net of parliament to enable them
This appeal against that under was argued' I met with some injury, having been thrown off his nag about
new election.
to construct their railway thenneh the town of P"thn' I three weeks previously.
by Mr. Matins, Mr. It. Palmer, and Mr. Harriman, for the they were opposed by the plaintiffs on the ground that the
appellant ; and by Mr. Bethel'. and Mr. Sehomberg in sup. railway in paewing along cot embankment over some garden In cross-exe • ahem he said he did not bear the elefon-
dant say to the plaintiff that the latter had challenged him
port of the Vice-Chancellor's order. ground called Wyaes•s garelest. belonging to the plaintiffs,
The Lord Chancellor said he would give judgment onto light, or that he could thrash hint in three rounds. There
would cause a gnat Amount of damage both in severing
Monday next. the ground, and also in presenting the public from enjoy- was no challenge to fight given in his presence. The plain-
Tuusrat r. TERNTR.—QUEsTION Or PIIEFEUENCIS ; , tiff's eye was " bureged up " a little, and two or three days
mg me garden as a place of promenade. The opposit•
OF IsvtsTsuF.VT IN MIS FENDS TO A PUItEUAsE OF utter " it looked a little blue like."
to the bill was unsuccessful, but a clause was eventually .e
act ley which it was provid“l that the lute plaintiff". father was called, and spoke us to the
LANDS. intradueol into th
ate Ilea amount of injury received. The eye was swollen wheat his
This also was an appeal from an order of the l
cumpany should phut, and keep planted in an ornamental
Chancellor. The parties to the cause an two brothers son arrived home, and in the taunting it wee' discoloured.
manner, so far as the stability of the works would permit,
and threw sisters, one of whom hi it married lady, and en- h did not appear as lithe blow was a very severe e.
the embankment, mil should use and apply all the spare
titles' in equal shares to an interest in the sum of 40,41001., Mr. Serjeant Wilkins, after a very huntonms contnt,n-
soil or rubleish which might not be requind Mr the works
which is vested In, guverninent stock ; and four, the two tary on the eviele'nee, submitted that this Was hart h' a ...ass
of the railway for sloping or tailing out the
brothers and twa unmarried sisters applied for an order toeven Mr a County Court, and that (hi very sandleat toils
said embankment ; and that the mayor. aldermen, and would satisfy the• justice of the ease.
vest the whole sum in the puremese ',fan estate called l'ye- hargisses or Preston should have power to lav out naive-
well, in Hampshire. The application was umesed by the Mr. Banat Alderson lett it to the jury to say what would
nient walks roil promenades mem and :dung the embank-
sister (Lady Sandy's), and the Viee'elhalleellor re- !mad, and on high siiks thereof, to lie lewd by the public, •
be sufficient damage, under the circumstances.
fused it. under and subject to the regulations from time to time of 'he jury found air the plaintiff- -Dantagese, dl.
Mr. C. P. Cooper, with whom was Mr. Turner, was h eard Several other eaAeS Were disllo.4l of, none of theta
the said mayor, edele'ruten, and burgesses. of Preston. Some
In aupport of the appeal. preaenting the slightest feature of public interest.
time age the tulles tompany bad pun'llassal front the
Mr. 'toff and Mr. Prior for Lady Satulya, and Mr. Hardy plaintiffs a piece • f this garden ground for the purpose of
fur the trustees supported the Vice-Chancellor's order. the embankment, ;vaunting to II roods anal 3i penises,
The Lent Chancellor said that in cases like this, where lint they hind lately extended the slope of theirembankment
the interests of so Many meinhers of a family were con- over a further portion of thu garden which they had nut
emits', various citeuntstinees mu-t he allude,' M. There punhased. It was now contended that they were bound
were considerable difficulties to be dealt within this case and to pay for all the land which they uecupied by the entbank-
-110 facilities are' afforded by the family to get over them. meat, and that the injunction ought to be granted.
The property in the purchase' of which it is sought to vest Mr. 'telt and Mr. Bird °n sal the motion, on the ground
this fond, now produces about 1,34141/. a year ; it is said it that the aiming of the smhankment Was fur the benefit of
may produce I,nlNlt. a year. Liely Sandys says she is de- the plaintiff's, and not of the railway company—that the
pendent on the certain payment of her share of the funds. clause in their act was introduced expressly tor the eon-
, She knows the exact sum she has to receive; she knows the lenience of the plaintiffs. The Company were bound to lay
day on which it is certainly payable to her ; she is data ill the soil and rubbish Dot Wanted in the construe-
thenbire intenseted, and has a right to see that her tion of the railway omen this garden ground, and they were
income, certain and th finite as it is now, is not to be bound to plant it out as an ornamental pleasure ground.
Taught into jeopardy or doubt. An increase in the It therefore could never lave been intended. that they should
anima of her income—a mere probable increase—may he pay for the land ; mew li el they, in fact, any power to do
of lew value to her than tlw certainty of her presebt in- so as the comp.:ore powers of the act had expired. The
come. Ills lawdship eontrasttal the advantages of the pn:- company were not taking any laud away front the plaintiffs,
',eat state of the investment with what its state would be if
nor were they doing ;Inv ilainute, hut on the nintrary, they
the money were inn.ted in the purchase of the estate., mid were covering the land and improving it by planting trees
saying that he did not see any probability of increase' in the upon the embankment.
nuts of the estate he could not feel justified in the present The Vice-Chancellor said his opinion was that the legia-
state ~f the jarring interests of the tenuity to direct the in-
W
did are never could have intended so absurd a thing its that
vestment of the fund in the purchase. The property cuut hn,,j4;,,,ery fine Asada be drawn upon the eanhankment
not, in fact, appear to him, from what was stated :It the WIT, to mark out which was the plaintiffs' and which the defen-
to be of such value or so promising as to induce him to dant,' sham. He thought there was n4l doubt but that the
(lima an investment. Looking at the Rattan, of the pro- railway company wa, bound to puniness' and pay for any
party, and at the state of the Emily, he could nut anticipate teortion of the ganlen which they covered with their tan-
such advantage from the poopostal investment us to warrant teinkment. The only question was whether it was a fit sub-
him in onlering it. He thought Lady Sanilvs had a right ject fur an injttnetion. It was not fur him to enter into the
to oppose it, and he dismissed thu apptal with costs. views which the plaintiff's might entertain upon this subject:
perhaps they thought that the railway company would not
uremia not pay for the land, and they wore certainly justi-
fied in saying shit the laud should not be taken until it was
paid for. Cutler thew sire stances he should giant the
injunction ascoriliug to the terms of the motion.

JUDGES CIIAMBERS.-

NtISTERDAV.

It.wous Nlt. Jt.ri. 1:4.1.101.4N.
THE LATE 3ILLAMIEOI.I,* l'AsE tot* SituoTECU BY A

CLERGYMAN.

In roast•quenrc of the coninceo jury having returned a
cirdict of inamslanAtcr against the Rev. Joriepli Smith,
the perpetual curate of Walton, Cumberland, Mr shooting
Mr. Wlllhun Armstrong, on the night of Wedneolay. the
Dith inst., the particulars of which aple•ared in this jourical
yesterday, Mr. G. Adams, of the firm of I'llacknett and
Adams, of Lincsilreo-itin-Held', applied to the learned
judge tar a writ of certiorari directed to William Curric k,
Esq., uric of the 'mintier: for Cumberland, requiring him
to reliant the depositions taken at the inquisition held
before hint on the body of Armstrong, and the
verdict of the jury th. rem', and to admit Mr. Smith to
hail. In supplirt of the application, Mr. Adamo produced
certificates front the coroner and lir. Graham to prove that
the Rev. Mr. Smith was in such a state of mind that it
would In• very dangerous to n•movc him from hi 4
and that he was quite incapable of tiled and rational :men-
tion lu ally subject requiring thought.
judge then order et the writ to issue, and a cope or
the summon. to be served 1111411/ the next of kin of Mr.
Arut-troag• - . .

To-day Mr. Adam+ applied to Mr. Justice Coleridge to
fix the amount of bail. Ile Mated that the volieitor tier the
next tit khi (Mr. John lleu, of Newcastle) had convented
that bail thould be taken. Ile was not, however, vna-
hl.d to produce the depositions, as they had not been re-
turned.

The judge--I am unable to alftlrd you any relief, unless
I have the depositions before me.
Mr. Adams—There leas been a consent given by the .11i-
citor for the neat of kin. Mr. Smith is in a very dangerous
state, and it is very desirous that he should at owe
mated to hail.
Judge-1 have no juriulietion until the depositions are
before me, and I e: t make an order.
The parties then retired.

cossisToity COI' ItT—YEsittutty.

ID DIKE Ilr. I,4IINOTIN.
LLEWELLYN r. I.i.rwELLYN.—Divoncr.

This was a rouse of theatres. brought by Mr. I.lewtllyn
against his wile on the ground of adultery. There be, as
uu cletence, the Mete were not entered into.
The learned Judea. pronounced for the divorce.
K,..,,' ANii OrilEits r. THE 1111 l NEM; OF Sr
%VILLE...DEN, IN SPECIAL, AND ALL OTHER,. IN
tiENEIttl..--ItP;IIT To A PEW.
This sat a eau.. or hush-was of citing the parishioners:anal
linhabitant, of the parish of St. Mary, Willesden, in the
diocese of Louden, to show:eanse why a license or faculty for
the purpose of repairing and repewing the parish church,
and the channel of the said church, should not issue under
the real off this court according to certain plans awl Spel
now remaining in the registry of the court, ;ra-
mmed by the Rev. Henry dOllll K napp, the s icar, and
Richard Seaton Wright and John Bch- ttttt re, clotreltwar-
duns. The Rev. Dr. Knapp having shoe the institu-
tion of the suit, the Rev. Robert William Burtuit, who had
itts• bleu appointed vicar, nov; appeared as ere of the
promattere.
Dr. Twiiis appeared for Mr. Joseph Nicoll, who had
brought in a petition to the eti'et that about the year isl 9
be became mind and possessed of a certain mansion hole ,
called Neasalson-lionee, intim- parish aforesaid, ant that he
bud ever IdlOst OreOpitli .tICII 11011. e, and enjoyed the us- of
a certain pew in the church as appurtenant thereto, and
which pew stood separate and apart from the other
pews. That the said nutission was formerly the
property of Sir William Roberta, Knight mad Pa-
ronet, and that rho ut the year 1713 the same cattle from
the heirs and assigns of that party auto the posse-ion of the
uneestote tor the said Joseph Nicoll, and that hi- ancestont
or their less', or under-temilits hall ever Nita, "ITU..
pied it and eme.tatitly used the ROMP low' as airmen:mt.
thereto during the time of their attembutee at divine
vice. 'that the pew had been, beyond memory, reputed
and ramifies's! by the parishioners to hO annexes to the
said house, 11110 that it was in and pmsitiusly to the vine
15,42 enjoyed and used by Edmund Roberts Es q., of MO
th M-
in, who dirt.' in that war That Eclimitel Roberts was
the ,nester of Sir %Valiant Roberts, awl that on a tu
mental tablet dedicated to the memory ccf the mid Edmond
Roberts lie was daserilusl as of Ni while hereditary
armorial bearings of the !AMC party were worked or engraved
Olt it, and also carted on the said pcw, and hall been
curved cc: engraved on a part of the :aid inamican
house until within the last teat yearrs. It then went on to
allege the orcupation of the pc w in question by the a-el:ce-
rise families down to the ores-tat time ; that the said Joseph
Nicoll had shwa: lie first became the owner and ate-copier at
Mender-house, amused the pew to hi' repaired at his own
cost, :rod LLIIOUt the year 18A), and also in 1810.
and that on the oceasion of the other pews le ing TO.
arranged it was left undisturbed ; mat lie hail kept a lock
on the dam, nod an 1,111t0114101 had been put up in the peer
on the death of his uncle without any payment to the vicar
or churehwardens ; that it was not of height to intercept
the view of the pulpit and was mat 1110(V than sufficient
ace to afficral anotammlation to all the itimatcs of the ho
l
in question ; that he had offend to renovate it, and to to
with the vicar and churchwardens on the object that
had in view, subject only to the condition that at
alters • should be made in the sire or situutialt
of the pew, but they had tic dined, and lie, thervforik
prayed that if a Metalty issued he might not be molested'
The learned advocate contended the evidence before ty
court was sufficient to substantiate Mr. NieulVe claim. T
fuet of oceupatian, he submitted, might he held to Ie
mitred on the other side, while in support of Mr. Nicol
statement various affidavits low! been given in by penes.
who carried Kok the eccapation of the pew tai the year
1800, and that it was always reputed to belong to Neaslo•
House; also that it had liken repuinal at the expose of Mr.
Nieoll, out at the time the rest of the pews were n-pair.
in 1523, it WO., OrtIOTOII to be h-R untoucheal. With regard
to the ere of Pitman and Bridger, which laid down the
rule that prescriptive right must he clearly proved, he eub-
mated the uniform and exclusive poncession of u particular
messuage was sufficient evidence to establish a prescriptive
title, and that evidence having been produced, the learned
advocate contended Mr. Nicoll had satisfied all the elle
mimics of the law, and wits entitled to have his prayer.
Dr. Addams appeared fur the vicar and churchwarden;
and in upswing het case olwerved that by the proposed re•
pewing of the church, instead of there being only 3.32 Isew
of which -RI were free, as ut present, there would he 427, of
which 137 would be free ; and this was not to be dont •
-
the expense of the parish, the repairing of the body of the
churelt twine paid for by voluntary subscription, and the
chancel by a grant front the deau and chapter of St. Paul's.
All consents bad been obtained--the whole mutter was ripe
for conclusion ; and it was only necessary there should be •
faculty regularly taken out. Plain the application for melt
faculty no person appeared to resist it, with the single es,
ception of Mr. Nicoll, whose opposition, if comet...tun
would totally destroy the arrangement of the proposal
alteration, and perhaps prevent this very laudable scheme
COURT OF EXCHEQUER —YESTERDAY. ! from being carried Init. The learned advocate commute-4
SITTIMOI IN BANCO. I Mr. Nicoll ought to have proceeded by plea and proof;
Boa V. THE BIRKENHEAD, LANCASHIRE, AND CHESHIRE instead of by act un petition. No reparation hail Islam
JusitTluN RAILWAY COMPANY.—ASSAELy. I pleaded us having been done by the preseut proprietor, and,'
Mr. Welsby moved, pursuant to leave reserved, to enter h those whose estate he had; Mr. Nicoll having merely
diet
netonswasuitagor.ifnusrtaevnideewncetrianiutpow: talnteacgrlunndfotrhaatnth,Lvueri-tlippoktalci...d.tuhoef ria,i-pacaidratindaonoen baye-thoimsen
°Zupti.ourtauded thisbp
farnoy.suc issuing.w ay asl
ft ofoi induce
litigation
that and fable imprisotuneut, tried before Mr. Justice Nitrate at I voluntary affidavits, did not discharge Mr. Nicoll from the
theth lastplain assizestiffwithforsoChtes,anteri,,Lgstert aTvheerdidccetllasatiroenturcntiedargfedor uponto prevent
te
facultyhimi°
that the defendants meaulted the plaintiff, dragged him out ' could be- avoided by reasonable aecummodation, the church-
of a railway carriage, and placed him in custody in a pollee wardens would be ready to afford it.
station. It appeared that the plaintiff took a ticket in an Dr. Twins having replied,
excursion train flans Liverpool to Chester and back, and at The learned Judge mid this Was an application to the
Birkenhead he asked the clerk whether he could return by court in the ordinary form, by means a citing the pa-
any tram. The clerk said he might, and that the latest rishioners and others interested, to Mow cause why a fa-
train would be half-past seven o'clock, by which be could culty should not be granted. With respect to the awl-
return. Having gone by this train, when the plaintiff visability of granting the application, it appeared that the
arrived at the Chester station, which was a joint station, plan which had been approved of by the Idaho t rho.the ticket collector demanded 2s. 6d. more, saying that the direcem, and by the inhabitants in general, extended to the
plaintiff ought to have returned by an earlier train. The taxing down the pews, repairing the church, and afford',
plaintiff refused to pay, and thereupon he was conducted large additional accommodation to the parishioners. 'Chew,
into a room, where he saw the superintendent of the Claes- were reasons exceedingly strong in the mindf the Court
ter and Holyhead line, who directed a policeman to take in favour of granting the faculty, and a • would ° harp e no°u he-I
him into custody, where he was detained until he paid the citation in doing no con • • ccorang it to be for the general
2a. 6d., but too late to return that night. On further re- benefit of the • panshi opera, if it were a matter left entirely

Volt IIIInA4 It OF CoVENANT.
This was an action of ejectment brought to recover pos-
session of the premise, No. 14, Fitzroy-market, in conse-
quence of breach of covenant to repair and insure. The
property in question, until recently, formed part of Lord
Southampton's estate, and in the year 1794 it was devised
by Seymour Conway and the then lord Southampton to
to Edmund Warne at a ground-rent oftW. 6s. a year. This
lease contained the usual covenants to repair and to insure,
and there was a power of rt-entry upon default. The
lessor of the plaintiff claimed title under a conveyance of
the premises to him by Charles 4:age Fitzroy, the Itev.Wm.
Smith, and bard Southampton, dated the 7th it March,
18:50, and to fie the defendant it was shown that he had':
been in possession fur several years, and that he had uc-
knowledged the title of Lord Southampton by paying rent.
Mr. hk.j. Shire and Mr. Hudson appeared fur the plain-
tiffs, and Mr. Prentice was counsel fur the defendant.
Witnesses were called On both sides to speak to the state
of the premises, and for the plaintiffs the evidence was that'
they were very much out of repair, but on the part of the
! defendant a witness stated that they were in as good repair
las houses of that kind usually were.
Mr. Prentice also objected that the legal estate in the
property was not proved to he vested in the lessor of the
plaintiff.
His lordship, however, declined to stop the case, and
ultimately the jury found a verdict fur the plaintiff.