The Express.
London, England, 1851-05-05 00:00:00

IRELAND.

Dent set, Max 3.
At a privy council held this week in the Castle of
Dublin, the proclamation under the Crime and Out-
rage Act was revoked for the county of Kerry, and
for twenty-four baronies in the county of Cork.
The verdict of 3001. damages against the Rev. Mr.
M'Gaver, for libelling an agent named Morrow, at
a meeting held last year in Longford, was set aside,
yesterday, in the Court of COUI2IIOII Pleas, and a
' ware de noro granted.
It is rumoured that the lion. Sidney Herbert and
Lord Naas have turned their eyes towards the con-
stituency of Dublin, in anticipation of the general
election, and already the note of alarm has been
raised on the subject by some watchful enemies of
"centralisation." Mr. Long and Mr. J. M. Cant-
well have published u correspondence which passed
bet wtsm themselves, in which the vote of Mr. Sidney
Herbert on the viet•regal question is held up, with
the motto of Delco& est Eblana," to meet the
hon. gentleman's pretensions in this quarter.
The merchants of Deified say they are resolved to
return one of their own body to represent them at
the next election ; and have, it is said, selected Mr.
Mulholland for that purpose.
The Tablet of this day publishes the following
further extract from the letter supposed to have been
written by Lord Clarendon to the Earl of Shrews-
bury. The passage refers to the prulisesor of the
Queen's College at Cork, whose work on Christian
civilisation produced such commotion among the ene-
mies of the colleges last year.
If it be said that M. de Vericour was a declared infidel
and socialist, and that he had printed a work to promote
such doctrines, I believe that he is as much of Loth as l on
myself. lie is an old and valued friend of M. ti uizot's, from
whom he has the most ample testimonials, and to whom
his work on Christian civilisation is dedicated. The book
appeared last vacation, and its object, as expressed its the
preface, was " to show that the study and contemplations of
the developments of society in the successive phases of his-
I tory, created a faith in the progressive nature of humanity
and its gradual advancement toward: that perfection to
which mankind might attain under the genial influence of
Christianity." In the body of the work there were pas-
sages which met with the disapproval of several members
of the college. The prillsee had the date "Queen's Col-
. lege," and M. de Vericour being entitled Profi,sor, with-
out its being lidded that he was only Professor of Modern
Languages, it was believed that the public might imagine
that he was Professor of history, and that his work was the
text-book of the students of the college. Ile was therefore
suspended, and on hearing this he returned in haste from
the rUfttiIIVIII, full of horror ut the idea that any act what-
, ever of his could have been considered as contrary to Chris-
tianity. Ile proved that his work was composed long bethro
his nomination as prolessur—showed his sorrow tio having
broken any of the rules of the college—promised that he
would change the title, and also the date, Queen's Col-
lege," to the preface, thus entirely removing the suspicion
of his having in any way recommended the work to the use
of his student:, and, lastly, resigned the office of dean of
faculty which he held. Thus the mutter ended; the council
was contented with the reparation mule, mid the govern-
ment was not called upon to express its sentiments the
occasion. Nevertheless, Dr. Cullen himself wrote to the
Pope that de Verieour was
book, in order to propitiate the Synod of nudes, and was
afterwards restored because its derision was contrary to the
colleges. 1)r. Cullen knew perfectly well that u professor
could not be dismissed or nominated except by the Queen,
and yet he presumed to affirm that her Majesty was party
to an act which no government could venture, and an gen-
tleman would choose to recommend. Such, then is tho
sort of information which the Pope receives from ireland,
and on which he confides.

A shocking, and it is to be feared, a successful
attempt at murder, VMS perpetrated yesterday morn-
ing, at a plare about three miles front Dundalk, on
the road to Crossmaglen. The victim was a Mr.
Samuel Coulter, a nvectable farmer.

THE liltlTlsH !Unity M.—This morning the Mu-
ii,um was re-opened to the public, and will continue to
be neeetelible to visitor* on Mondur, Wetlntwbir, grad
l'riday,,, from 10 till 7 o'clock throughout the summer. In
addition to the now Awyrian gallery, a portion of the library
was to-day thrown open for the fir,t time to re,itora.

liitAtos CommirrEE.—The committee
have come to the following division :—" That Henry Thoby
l'rinsep, Esq., not being qualified according to the pro-
visions of the act, is not duly elected to serve in this present
parliament for the borough of Harwich.

FEMALE EDUCATION IN THE EAsT.—On Friday o,
public meeting of the friend* of this society was held in the
Music Hail, Store-street, Itiessell-equare, m supp et of the
objects of the society, and which was attended by as man,
as the hall would contain. Thomas Fowell Buxton, Esq.,
who presided, said that they were met that evening to ad-
vocate the claims of a society who were working in a quiet
manner, but whose labours were ;calculated to !induce at a
future time incalculable effects, and the udvantages of
which, though they could not at present be eetimatril,would
affect the future generations of the East. The females of
the East were cut off from every means of education, except
that which the society afforded. The income of the society
was stated to be but 2,0001. a year, and they hail 44 or 44
stations at which their labours were carried on, and where•
large blessing had accomplished the labour, of the society
during the 14 years of its existence. The meeting was sub-
seimently addressed by the Rev. T. Nolan, Dr. Adamson
(of the Cape), I'. B. Power, Archdeacon Bell, and Dr.
Cummiug.
INTONING Or PRAYERS IN CHURCHES. Some
differences which have taken place between certain of the
parishioners of St. Nicholas and St. Leonard, Bristol, in re-
gard to a practice introduced by the rector, the Rev. 0. N.
Burrow, vie., the intoning of the prayers in the parish
church, have had the effect of calling forth the opinion of
the Right Rev. the Lord Bishop of tiloucester and Bristol
ea the matter. 'f he disputant parishioners addressed his
lordship upon the subject, inviting his advice and counsel
as diocesan • and the bishop, after oonsidering the points in
dispute, has addressed a letter to the minister and church-
wardens recommending that in future the practice of in-
toning shall be discontinued. His lordship add he hail no
hesitation in advising that the prayers shall be simply read,
for he must confess to being himself conscious of inure de-
votional effects from supplications offered up in the natural
mode of utterance than from the same supplications when
accompanied by musical art. Ile is quite aware that there
are many devout persons who differ from him in this view,
but in a cathedral city, where the musical services of the church
are daily performed, see* persons have abundant opportu.
nity of following their predilections. Ile believe, that the
great majority of worshippers think, in regard to this matter,
as he thinks, and prefer the practice of hunple and effective
I reading. A very important question to be considered also
was, that an intoned service could never be gratifying to
the hearers, unless it was well performed. Now, although
Mr. Burrow had a happy talent for chanting, the gift was
not oomrnon, nor even general, and might be in no degree
by his successor. Simple reading of the service
rellthip recommends as the safest course, because, al-
though portions of a congregation might object to intoning,
simple devout reading of the prayers could give offence
'o no one.
STOCK or COITON.—A meetin of the Liverpool
ro Cotton Broken' Association `Was held on Friday, on this
subject, when, after some discussion, it was resolved that
the experiment should lie tried of taking stock three tint•••
ar instead of once. Cotton brokers and merchants hay;
Varsefore, been requested forthwith to forward to the mere-
Ivey returns of their respective stocks on the first day of
tale month.—Manchester Guardian.
Silt JOIIN SOAVE'S MUSEUM, LINCOLN'S-INN-
Flacos.—We are glad to be able to state that, with a view
to the accommodation of foreigners and persons tom the
provinces visiting London during the Industrial Exhibition,
the trustees have resolved to keep this mnseum open four
days in the week during the months of May, June, July,
August, and September ;* namely Mondays, Tuesdays
Thursdays, and Fridays. Foreigners will be admitud w
the,
museum is open, on producing • card to be the •
ioveral embemile.—The Builder.
• • ,
t 11

to no one.

UNIVERSITY AND CI.ERICAL.
etlfßittnGE,M.siv3.—TlieVice-Cliancellorlutarcceie-
ed the following conimunication from the Provost and Scholui
Of King's College, with the Corporate and Comnion•Stal of
that Society 'Shed :---" Whereto the Undergraduate Fel-
lows of King's College in the University of Cambridge
have in the exercise of an ancient and acknowledged pr.-
vilege been accustomed to claim and receive the dirty of
bachelor in arts in the senatc•housc of the said university
without having passed any of the previous examinations
required from the undergraduates of other colleges:—We
the provost and scholars of King's College aforesaid having
taken into our consideration the objections that naturally
attach to any such diversity of discipline and being at the
lame time desirous of establishing a more perfect Astern
of equality and unity of interest with the said Univer-
sity do, by these presents duly scaled with our
corporate and common seal, voluntarily surrender
and relinquish for ourselves and our summers for
ever all such peculiar privilege and dolmas is herein before
mentioned. And we do hereby relinquish all right and
title whatsoever to be exempt from the ordinary examina-
tions of the university aforesaid tan the part of all such scholars
as shall be admitted into this our college after the date of
these present.. Trashiest always, and it is hereby distinctly
understood and declared, that nothing hereinbefore con-
Wriest shall be considered, deemed, or taken in any way to
surreader, waive, compromise, or invalidate the composi-
tion touting between the university aforesaid and King's
College aforesaid, approved by our royal founder King
Henry VI., in the year of our Lord 1447, and thereby
bearing equal validity with any anti all the statutes of this
cur college. In testimony whereof we have hereby affixed
r tar corporate and common seal confirmatory of this our act
this Ist day of May, in the year of our Lord 1831."
ComiEcßATioss.—ThellishopofChesterconsecruted
Lot week the new church of St. Peter in Evertnn, in the
parish of Walton-on-the-hill, Liverpool, which has been for
some time open for divine service under license. The church
contains sittings for about 1,400 perions, more than one half
of which are entirely free. The cost of its erection has been
defrayed by subscriptions, aided by a grant from the Dim
CM. an Church Building Society, and it has been endowed
under the Patronage Acts. The bishop consecrated on
Thursda May I, the new cemetery or burial ground for
the parish of Liverpool, containing upwards of 27 acres,
situate at Walton-on-the-hill. but which, by the Church
Commissioners, under the provisions of the Church Build-
ing Act, has been made part of the parish of Liverpool for
the purpose.

Rev. J. Downing to the curacy of Ilindley, Wigan.
Rev. F. M. Adam•. to I.: ffeulme curacy, I)cvon.
ltee. It. Barton (It. of St. George, Dublin), to the pre-
centonliip of Christ Church Cathedral, Dublin ; patron, the
Lord-Litutemint of Ireland.
Rev. It. F. Crougliton, to chaplaincy of Newmarket
Unions
He.. T. Davidson, to St. Stephen's rectory, Ipewich,
Suffolk, value 8:11., and residence ; patron, trustees of lice.
C. Sirneori.
Rev. 1. Durrant, to St. Michael-on-Wpm curacy, Lanca-
shire.
lice. C. S. Lawrence, to Cothvbitnn perpetual curacy,
Somerset, value ; patron, vicar of Kingston.
Rev. 11. LOMA., to St. Luke's perpetual curacy, Sheep-
sear, lAtIlbl; patron, the vicar of Leeds.
T. NOW, to inasterlip of Swansea Grammar School.
Iles. S. 11. Stewart, to St. Mary's curacy, l'restun, Lan-
cashire._

.....
Itev. W. W. Talbot, to St. Luke's curacy, Cheetham-hill,
l4lonebeatrr. . .

....---....
Roy. J. 1/sasun, to St. Peter-at-Arches rectory,
%slue and residt net ' • patron, Bishop ut Lincoln.
Rev. J. 1). Grenside, to Dtinisinittun vicar.ige, Lincoln-
111111M. value 1.J.9 ; !Mom, Rev. .1. Wilson.
Rev. .1. Slacker, to Mahon runty, Yorkshire.
Rev. W. Iterrett, to S.iisitlitiry, Olouce,teribire, die.
Gloucester and Bristol; value 4141. ; vacant by death of
Rev. J. T. Jones ; patron. J. Roberts West, log ,of Alscut
l'ark.

—•
Its,. 11. Brooks, to Am•tno curacy, Mc of Wight.

Strickland, Bristol vicarage, Somerset, dioeeve Bath and
Wilts, value 1611., and nvidence ; patron, T. Dania, Esq.
Hew. N. ltudiliwk, deceased.
Westbury vicarage, with I'riddy curacy, Somerset,
diorive Itith and Wells, value 251/., and residence ; patron,
id BLitt, and Wells; ltev. N. Haddock, deceased.
King.tar,upon-llull, Holy Trinity curacy, county and
arehrlawew: of York ; T. Dykes and F. S. Barg; re-
signed.
Chaplaincy of Surrey County awil, Wandsworth, stipend
%N., mid n.,d, new ; election July 1.
l'aßrtt t. At. RACY.— Bcakridge perpetual curacy,
Staffordshire, di.ice-e Lichfield, value 200/., and residence ;
patron, Lord Ibitherton : 11ev. E. Hale, dereawd.
Huslanol perpetual curacy, Lancashire:, value .501., by re-
signation of 'ter. H. J. Baines ; patron, incumbent of
Cottoa.

SPORTING.
THE NEWMARKET SECOND SPRING
mEETixG.

The following 1.1 an outline of the present and pro-
pow4 entrortinrosts for the t nsolot: otertiog. The hunts
raiakami • an alrraily at Newmarket.
'lre

Furry Sutra; 3-yrobi.,lhl 216; four, Pat ; fire, 3.4 711);
ail and aged, 84 12-16; the winner to be sold for' 00 sues.
T.N.M.

h'irrr Sors, fur 3-yr olds ; colts, Sit 7lb ; fillies, Bit 416.
R.M.

11ANDIVAP Awtr.r.raiLEa of 10 an each, for 3-yr olds
and upwank.
. - _

liwiv.rsrAxes of 10 soy. each; 3-yr (Ails, ist 41b ; four,
Nat 7111; the winner to be sold for 60 *ors. T.Y.C.
Sway rant KEA of 10 ours each ; 2-yr olds, fist 121 b ; three,
1111,;lit Nlli,. and geldings allowed 31b; the winner to be
soul for 100 moss. First half of
MATCH, .i 0; fit 71h each; Y.C.—•Duke of Bedford's
Santiago aget •Mr. l'ayne's Glendale.
W ISDN LODAY.
HANDICAP PLATE Of 50 soya, for 3.yr ohls and upwards.
New I.Y.C.
Jollt ET l'Len NATI of 150 soya.; four.year.olds,
21b; tire, Hat 311,; six and aged, Bit ; for horses the
property of members of the Jockey Club. B.C.
SWKILSOITAILON of 10 *on. rnch, old.; colts,
est 716; Allies, est 416; the winner to be sold fur 100 soca.
T.Y.C.

• ACCarrANCIIII rot THa SetFOLIL STAll64.—Vatican,
6 yrr, Bst Sib; •St. itosalia, 6 yrs, Bst 21b; Herbert, yea,
Bst lib; Sauter-la-Coupe, 5 yrs, list lib; Swordidayer, 6 yrs,
7st 71b; Pio Nouo, 1 yrs, ist ; tHadiole 4 yrs, ~t; Ariusto,
3 yrs, Gst lOst ; Ainineh, 3 yn, bib; Cornelius (late
liftmen), 3 yrs, 64 11b; •King ('harming, 3 yrs, sst 131 b;
•Artis on, 3 yrs. si,t 71h *Cane, 3 yrs, sst 71b ; •Fortuna,
3 yrs, .;.t on,.
bk c by Prince Carmine—Mb. Julia Bennett,
3 yrs, :nt 4111 ch e by John u' Vaunt, dam by The Saddler,
3 yn, 6st 41b; •Dalcelows, 3 yrs, sst 21b; •Abderrlmman,
3 yrs, Let 21b.
CRAM 1.14:4 STAErA of :10 son. each, h R; colts, flat 71b ;
All and geldingsdkit ; the winner of the 2,000 Guinea, or
of the 1,006 Guineas Stakes, 7111 extra. From the It.M.
starting put to the Duke's Stand. (6 subs.) cby Pleni-
potcutiary out of Amnia, • Santiago, Crotchet, Bargeman
(paid), Ariadnc (paid).
SWFIii•STAILEA of 40 ions. each, for 4-yr-old, ; colts, Bst
101 b; Set 51h; winners of the Derby, Oaks, or Don-
caster St. Leger, Port, or Claret Stakes, 61b; of any two of
those stakes, 10Ib extra ; maiden horses which have never
receils sins. fur running second, allowed 511 i (winners
of snatch,* only cousidend maiden horses). The last three
mils of B.C. (3 subs.) •Lord lixeter's Nutshell, Mr.
Mildew, Duke of Drolfunt's John o'Oruat (paid).

THOaeUAT.

owor PLATS of SO mars. fur 3-yrs-olds and upwards.

lIANDICAP SWEEPSTAKE] of 20 Mrs. each, and only 5 ft
if dedured by 10 o'clock thr evening brfuro running, to go
to the oorond ; fur 3.yr old* and upu T.Y.C.
liwnnrarAnn. of 10 ours. each, fur ; colt, Bst
71b; tithes, not 11b; the winner to be told for 40 tors.;
D.M.

Sweeeterames ot 10 %yrs. each ; ist 7lb ; four,
Sot bib; bre awl upwards, Jet; the mutter to be sold fur
200 sure ;
ems; AAAAA of 10 ways. each; 2.yr-olds, Est 12th;
three, tsst 1211.; tallies and geldsugs allowed Jib; the win-
• Der to be sold fee SO son. ; first half of Ab. M.

tiwar.rutAa Ls of 10 son. each, with 30 added fur 2.yr-
olds ; colts, Mt ; tilli.a, 80 41b; the winner of a stake
value NO including the winner's own stakes, 6lb
extra; T.Y.c.; 13 subs. • Mr. F. Clarke's b f Sabra;
• Lord t'lifden's b fby Bay Middleton out of 11. It. H. ;
• Mr. Etwell's br a by Veumon—Passion ; • Lord Eueter's
fby M. Martin—Toga ; • Mr. Gurney's b e by St. Francis
dam by Jerry; Sir J. llawky'se by Alann—Haitoe ; •111 r.
Morn.'. cob f by Heiman d by Sireingle; • Mr.
Mare's Sister to 'lsamu's; • Col. Peel s b e by Venison
—Queen Anne; • Col. Peel's ch c by Orlando--Ilalibran ;
• Lord W. Poulai' b e by V. Prima, out of Y. Bamboo's
dam; Mr. St. thvrge's et, f Safety ; • Mr. Stepbeneon's
be f Mouton Left; • Mr. Watiou's France; • Mr. WU-
b f La Tentpcsta.
Tee Divart.—Lightfoot was scratched for this event es
Friday lest

CRICKET.
OPENINO AT LORD'S.
The anniversary dinner of this clot, was celebrated at
firillon's ltotd, Albssassle-street, on Thursday, when Lord
• Charles Worth took the chair, in the absence of the noble
president, Lord Gummy • and thirty-dve noble lords and
gentlemenwere ungedgagnily elected, a number far exceed-
• lag any that have bee& elegeed at the anniversary meeting
lines the foundation antis club, now nearly 70 yews since.
AERANOSKIINTS FOR THE WEEK.
Two DAL
At Lord'..—The An ay.' Ones e. Mein fleatteme• i eel
risme sorllnrd hefts td free the players of Leff Ctieued wed the
when= club.).
Ithe YMYw Ibt arm the Peeptettle dart eadoe thle h the Ira
eppemete 411 Ilhistette SIMS at tant ese r newly ea the
si Load ..ng M eotetied to Is, there les he as Olt.
•
01 tie 'retie... Om the nosh wilt
• TherringiAl 111•1/1.11. Pent 4.:. Ilyeniftotta
Ombeceighea Deg. Ou. ININse. tort, re
gbe nomee.-411eh. Its o. n; Aeu ;G. Sew%
Iy.=• R. Sem. lei.; O. litet Aq.• Vens.nsetiM.... Me. num%
me Them% meneneu, team lognee,-ead

Trtlesima
At Lt..—T. Mon mai vials sum&
Waft—TM alma millk , tat aullsioll.
tivintar.
At fL Im.-1161 nous d an I.o•l%Tesiirlme de @Lbw
' tem. MEW Om" lbw Or •1111 be MIMI On dr kligefte

•
• •• . •
t• • ••••i U.; .0a Li. hfuza.l4rq

AU Ettattt&-11. Felix, Ey, A. Bra. DR., Boa, Clarity, airy.,
Day, Mactigell. Par, risk, sad Wkalks.
I. Lon, edeleich, Areal... Neck, Mole& Co kern.
Nguyen, Eking, Hutt. :11.b. 1117 ow, Ilichardro. Sheyerel, Mccer.c,
Smythe, Oka odor, Weldca, W. Waldeck, It. Nal ck, Wl.a , tlpb,
alto 'I tWvycla.
I.IIIDAY.
At Bt. leer&—Tb• above Nadel. &valour&

14•31:1i4AT.

At I. Ireb—lhe abed etalcbtoutiotied.
Is sailities le these matches every club in the relied Merlon
rill seiesbis es their defective ilue Sere her practise.

I ZINOARI T. PIICENIX-PARK (IRELAND) CLUB.
The first day of this contest was as beautiful as could have
been desired, and crowds of spectators formed a ring around
the game. Amongst the visitors were all the female rank
and fashion of Dublin and the vicinity. The ground was
also honoured with the presence of his Royal Highness the
Duke of Cambridge and his excellency the lord lieutenant.
The play exhihitol on each side was of a high class, but it
will be tuund that the gipsies gained the day by 129 runs.
The final score stood thus:

I Zzuumu.
C. O. Eater, Esq., b Lambert
C. Evan., bp., 0 I.ooooert 0 t Ull OM 23
S. W lutrber4, Coq., run out
C. Mona, Ifaq., k Odium 2O • Woke, 0 Kamm 1
U. Vet DOC, Laq., mot oat 44 net mit 7
U. W. ErLourr 8 q., to Wham 1 0 lambert 3l
llon. 8. B. Vigaer, 0 Oldham
R. Km Eaq., to Mdmae
lloe. C. rutiquaby. 0 Oldbam lt b Laut,ert . 1
E.TaraT, Brq., b 1111...
T. 11. Fiulvr, Eq., 0 bottom 3 111.4 out 0
0,3; 10,4; w, 44 3l 03; lb. 4; m. 13

133
Planc-tiaa

H. Wilmot, Esq., b Parker-- 2 b 1411 owes
G. Mainsan, L-q , b rater 3 • Whitehead, b Hoe. Y.
roesueby 7
R. Cooke, Esq , b Followes I e Fdlowes, b Verno• ... 0
Posses Elmhurst, b leJowes
J. 34. CAMIs roe, Ess., b fisher .. 13 b Felkress
Oareate Ilsalusm, e Ember, b Yd.
'owe 3 a What/Awed, b Erste, ...
W. nultors, Esq.. b Artier
G. Messmer, Leg , b Eollowes I not out
E. Ale •a, L-q., nut out
J. Lambert, 3aq., run oat 3 b Fellows*
C. Okloom. 33sq , b Porker 1 absent
1.1, 4; sr. 9

I Zingari won 1;): 129 runs.

gab) intelitgence.

EQUITY COUILIS.-SAivaDAT..

Bwnw• Lou Cam...as (Vlo.CleasS7l4.o).

Till SHILEWORERY AND BIRMINGHAM RAILWAY CoM-
FAXY V. Ouitr AND OTIIERS.—POWYJA Ur TH. CulAtT Tu
RISTILAIN THE haws ov Paoxus..

This sale •2010 out of the quarrels between the directors
seed shareholders of the above railway. It appeared from the
statentents in the bill that the directors had issued a notice
for a general meeting of the shareholders on the Bth of the
present mouth, for the purpose of setting aside the resolu-
tions paased at the last general meeting, specially convened
fur the purpose of preventing the directors from pursuing
• line of conduct adverse to the opinions of the ma-
jority of the shareholders. It was alleged that the
directors had given the shortest possible notice fur hold-
ing the ensuing meeting, and had prevented the share-
holders from having access to the address hooks, and that
they, by means of the information only accessible to them-
, selves, had issued circulars and obtained prinks to uphold
their own particular views. A motion was now made on
behalf of certain of the proprietors for an injunction to
restrain the defendants, William Ormsby Gore, Robert
Ilenry Clive, and others of the directors from prosecuting
a bill now before parliament ; from preventing the coin.
'suttee appointed at the last extraordinary general meet-
ing of the shareholders from having access to and taking
copies of and extracts from the books and documents of the
company, in pursuance of a resolution passel at such
meeting; front doing any act in opposition to the resolu-
tions then mead ; and from using at the meeting convened
tier the Nth ut this month the proxies obtained in the name
of W. Ormsby Gore and Robert 11. Clive, or any other of
the defendants, and from preventing the shareholders from
having access to the shareholders address book.
The Solicitor-General and Mr. l'rior appeared in sup-

port of the motion.
Mr. Stuart and Mr. Hardy, for the defendants, opposed
the hearing 01 the motion until they should have had time
to answer the athdavits un the other side.

This objection having been overruled, on the allegation
that the decision of the case was urgent, the facts were
gone into at some length iu support of the motion.
Lord Cmuwerth, without calling upon the defendants,
said there was oily one point which could be con-
sidered pressing ; that was as to the issue of
proxies. Upon this subject he was of opinion
that he had no jurisdiction whatever to inter-
fere. The act of parliament prescribed in what
manlier the votes of shareholders were to be given. This
was nut an application to restrain the holding of the meet-
ing, and if the meeting was to be held he could not inter-
fere with the manner in which the act regulated the voting.
Ile should therefore refuse that portion of the motion. The
rest of the motion was not of such pressing importance as to
induce him to hear it before the deliudants had had time to
tile their attid.ivits in opposition. It mitia, therefore, stand
over until Tuesday neat.

COURT OF QUEEN'S BENCH-SATURDAY.

Niaaams 13A,ca.-141onue Ya JVITICK PATTIMIN, NIL JtsTICII

an Me. Jt VMS LIME.
Ttir. Wm..... 'I'LL...

This ease arose upon a writ of certiorari, by which a rate or
" wallscot," made by the trustees in whom the property of the
corporation of Quevnlairough, in the county of Kent, was by
act of parliament vested, upon the defs octant, as the owner of
certain " lei-who'd*" or right of pasturage for sheep over a
common belonging to the corporation. The rate was made
for the reparation and support of a certain sea-wall, and the
sub tantial of jection to it was that the trustees had au
jurisdiction to make it.
Mr. Bolin and Mr. Couch now appeared in support of the
rate, and contended that Queenborough was an ancient
borough, and was now regulated by a charter of the second
year of Charles 1., by which power was given to the corpo-
ration to make rules and regulations for the preservation,
government, letting, and management of the lauds and
tenements belonging to them, among which was the
soil and ground of the common in question.
The crown, by the common law, has cut upon it the duty
el protecting the shores and boundaries of the whole king-
dem, and is empowered for that purpose to tax all whose
property would be injured by the want of such protection;
Ai Is laid down in " The Isle of Ely case " (10 Coke's
Rep.,141). The issuing of commissions of sewers was a well-
known right of the crown at common law, and is so recog-
nised in ti Henry VI., e. 4., and by the form of commission
given in that statute, all persons having rights of common
of pasture which are benefited by the reparations done and
defences made,' are to be taxed. This being the power in
the crown, it was granted by the charter referred to to the
corporation of Quevnborough, who, fur the last 120 years,

have, in accordance with bye-lawsmade under the poweni
in that charter, levied these rates, for the purpose of pm-
haling the lands over which these " leaves ' , or sheep feed-
ings run. The first of these bye laws now in existence was
made in 1728. In " Callus on Sewers," p. 120, among
other reasons why • man may be taxed in sup-
port of sea defences is included, " per usum rei,"
which he explains to be in respect of the ad-
vantage he gets by it; and at page 137 he says,
thew persons who have common of pasture in great fens
and wastes may or charged. If the right depended on
usage alone, where shown to have existed for 120 years, the
meet would uphold it. This, therefore, being the right of
empundion, it was, by 8 & 9 Vic., cap. 144 (local and
peseeel) tnuisterreil to the trustees by whom this rate was
made. That act recited that the borough of Queenborough
had considerable property, and among it certain oyster
hew; that they bad contracted heavy debts, and by reason
of their emliarnissi.sl state were unable to stock these beds,
so that they were become quite unprofitable. It then
transfers all the property to the trustee,, giving them ample
powers for the msuagetuent grit as they should think best.
The 23rd section repeals all the bye-laws of the corporation.
Under this art, therefore, the trustee. bad all the powers
which the corporation had fur the management of the pro-
perty, and among those powers that of making rates for
the preservation of it, otherwise the whole might be swept
aw;g: Justice Vightman—Da you contend that, independ-
ently of the bye-laws, the corporation could have made
these rates ?

Mr. Bovril—Certainly; they could make them by usage.
Mr. Justice Wightman—ls there any es idenee of any rate
made prior to the bye-law of 1728 ?
Mr. Bovill—No such rate has been found. Then pay-
ment of this rate being refused the trustees sued the defen-
dant for Win the County Court, and there an absolute
judgment upon the meaning of this act was given in favour
of the rate.
Mr. Peacock, Q.C., contra, contended that the trustees
had no power to melee this rate, they were themselves
quite r arch rateable as the defendant, and at all events
din rad not rate others and exclude themselves. The
corporation bail granted out 31 of these leases" to holders
in fee, awl %themselves held the soil subject to these rights,
and reted also the right to the surplus pasturage, which
had always been considerable. These rights passed to the
trustees, who were, therefore, quite so much rateable as the
defendant, and if the rate had been made by commissioners
of sewers would have been equally rated. It is not dis-
puted that the crown might issue a commission of sewers,
who would have a right to make a rate on the owners of
the common.

Mr. Just:oe Panacea mid be thought the rule must be
made Omagh: to quash the rate. He could not deubt that
the eight to tax thew "lemeholden" was referable to the
bye-Laws alone. It was admitted that there was no commis-
stun of sewers, and therefore the rate was not made under
the statutes of sewers. There could be ao power to rate the
leseeholders by the core oration sie owners of the soil, unless
that power was reserved in the original grants, which did
aft sers, to be the case. Whether any rates were made
earlier tiles 17Z3, at which titi:e there was a bye-law passed,
did oat eppeez, but subeequen: to that date the rates ap-
paired in have been regularly lode, till the corporation,
Wog be peat 4411. calties, the statute referpd to WY peeped.
4,41& lowa tkot the Meiji sCope or that act woe the ;
elt the oyster-beds - . there were other powers
ea te pass everything :which the corpo-
ratists 14 lot it could not be said that the words
95 tir $1.0109 " JA,e got traitors were Pe ma-
alb tee '
pose se they shillala *think lit " *4a in-
tended to mow lbw looteoy existing rights and inteilesto-
The Norge= Eat• tea et lir sat woreprosoraidtofor
of
lee it
debts woes poll tieeeiso, property wee to sity'fit—Vlitr

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