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

eraarsag, ell men as tair • imet 91 wits. His lord
sidapidoni to die or Nees RErdbittlo," (1 Ham
p. M). duos at villa a mit a *glair/me
is lambus et Ina gram* WAIL_ M.
wathadas. the ‘7ll.oll.m's
lamed ea diMMINAL

o. liosno.—Tam Passim
Moths Canaan
was In ILLNOI/111‘1L—RESOIAL Or MI
Ithourna.—Thie am mopedßer hem a dean
ElsesChaneelke Kai& m, apes es
I=the f
ameAtterneesemegel se dm Moths fif
sad w the Pa..Alms-
lathe Mims era Oben,en(
piss Om* II might be desired
Mat the thumb mai ossimmil to It, din* Is St.
Poter's gam" Ifigsfithath musk% to be tad is frosthimigy
with Meer Wesim 'faith imentoil Is OM esi Oat Moths
genies ink to to be sisingssd by sublets, is MI
emisimusiss Ida the sthhiltholl thrush et leatigmlosi
liss dm Meath* IMlumn—liseizjede
messiod hem Nat
bo soginined Ism as mini Mer
rsismis,"—Vitbst Wawa traMosedwasered is
the moil Assisi ISP owl be wo
sissisth tau =Wig tits"—Te lie= kr say other
essamthes with and ammth
Mho dim et tbev=d glass* of Sestlead, W a
is fall oromathisa therewith, as. It apposes&
Om the strimmuni is Me islgnistin that, ia
Mw beim Ibis so thumb i Mmacbgeter ia ma.
smith with Ss egiablithal ding* at Seethed, •
sonlarM Ssoldlimos reidisi ens, Wadies many of the
Ht
owl sf the tigessasth istegimind • aim*
Swim is osansiga with the miablidied Heal Seethed,
mall Se thee diginsonles pesinsesi them aleeediet to the
dim of tbst dank With ibms view they peothemed a nit-
=pro el Lai in St. PlieWeatmage, sat Minn •
wee that. The pardmis awl the balding we", pill
for seed maguey sellected as strayleen Soma degas wen
emsomisdi Is *open 1831 sal 1111th mad_ by tht lathe Mires
asksf4. ammo Oar thigh tbst the les' the pumthiped,
maille ass& both, " the sesithip mod mme& of Clod
goomfisi to Ms thee god mgeouste_ii‘ shards Seotlend,
gob worthip gad moths lohliego by s nimbler is full
semthemisa with the esistaisied dim* of lismind ;" sad
sees atherwerde the dishadeat, Mr. Mimeo) linthiese of a
eomch presbytery, IMO deems minister of the dank in
conformity with the ymethisms of Use mid deed% andmeth
sued to give gamed milishellfeel 06 ths mss- min
ISA stow the enemies In the Smash thank- wigs be &-
tiered Irma the pulpit that his sympathise wen with the ee-
seders, who them formed the hoe chunk of Seetheth."
The eengremstiga mho wee divided, seam ad-
hering to *ha old thumb, tome adopting the new. A
deed was executed by WIN el the parties to the former
the purpose adapting the Muds to the altered
Dior of the majoilty of the congregation and of the
minister. erenom took place betimes them and the
nemalsers whole adhered to the bet foundatke, and some lin•
gallon followed even before the filing of this information.
The Vice-Chaseellor on the hearing of the cease decreed
that the church and the buildings minezed thereto were
bound by the traits el the deeds of 1832, sod that, wording
to these trusts, divine worship la the church ought to be con •
darted by a 'sinister in full communion with*, established
church of Scotland, sad, therefore, that Mr. Munro having
mead to be sash a mit liter, ought net to be snowed to cen-
time to °Gelato is the church. An injusetioa wee there-
{tire homed to remain him and the trustees from using or
thesis' the *assess to be used for any other purpose than
divine terries amceding to the established church of Soot-
lands—The Lord CL eis..ellor now giving his judgment on
the appeal, referred to the statement ia the intonnatini
setting forth the trusts of the deeds of 1832, and
mid that the mound points appeared to ham been carefully
considered by the Vire•Clianceller, with whom he agred. in
the conclusion to which he came. There was no occasion
ton much into the question (lithe jurielicties of the court,
which was a inimical poiat made in the ernment, as the
rules governing the interferon . of the court on fuss which
were nut disputed were well undoeutood. Two questions had
' been raised us the IsfLet of the treat deeds—Ant, whether
the property eomprieed la them wee duly subjected to the
trusts ; and secondly, whether Mr. Munro, had become dis-
qualified to ovations the thane, of the search under the
provisions of the deeds ? The first qnsties certainly involved
peisciples of great important; bat he was of opinion that
then was no difficulty in applying thew to the facts as de
elated by the deeds sad admitted. the Lordship stated the
farts of the raising of the money (1,8002.) anaosig subscribers,
and building the church, and the conveyances in 1832, and
again in 1844, to the new trustees, who then
became affected with the trusts of the deeds of 1832.
lie was clearly of opinion that the decree is dialog with
the rights of those who clainsed under the deeds of 1832, as
against those claiming adversely nadir the deed of 1844, was
quite correct, and founded as the established inks of equity.
Row far the trans of the deed of 1832 affected Mr. Mean",
and er nether he acted in violation of them, formed the seat
question. Bet that appeared to hiss to bees tree from doubt
as the first. The deed was itself env in its terms on that
point : the minister of the church was to be in full comma
nice with the established church of Scotland. It wee quite
immaterial to that question to esseider what wee the con-
duct of some of the con • who seceded, or whether
the majority or minority bad bean the seceding parties.
Those who were interested is maintaining the trusts
of the deeds of 1832, had a right to insist that
the then Established Church of Sootlend should
be their model, and this court was bound to enforce the per
of the trials of thaw deeds. Mr. Munro admitted,
or certainly did not negative, the charge that he dissented
from the church as it was governed in 1832, and he followed
the course of conwienti-us peewee who proved their eine.-
' city by the sacrifice of their inseams. This court had only
to deal with the rights of property in such molten. He
agreed with the Via-Chimes or that Mr. Munro ought to
In remised ; sad he affirmed the decree in all parts, except
the declaratioa that it was nut to affect say mutt that may be
founded oar a title to the property prior to 1832. That part
was unnecessary. That variation in the d. cree was not to
affect the question of coats, and the appeal must be dismiseed
with costs.

Won the Master of the Rolla.
TULL V. MOIKLY.--ALTELATIONS IN
LniczaTEY-
euraast.—lrr. Roundel! Palmer moved, on behalf of the
defendant Edward Ifflothay, to dissolve an injunction ob-
tained by the plaintiff, Charles Augustus Talk, to restrain
the defendant from building upon and making certain altera-
tions in the pleasure greund in the centre of he icester.square,
and cutting down the .bruhe and trees crewing there. It
appeared that in lOUS the plaintiff wee absolutely entitled to
the piers of pleasure ground in question, and also to numer•
OUR houses is the new . And be mild the pleasure-ground
to Charles Wins, wbs ecisenanted for himaelf, hie heirs,
executors, administrators, snd assigns with the plaintiff, his
heirs, end assigns that be (the said Charles Elms, his heirs
and assigns) would at all times for ever thereafter, at his
own costs and charges, keep and maintain the said piece of
ground and the railing round the same in its then form and
in sufficient and proper repair as a square garden and plea.
sure-ground In an open st ste, uncovered with any buildings,
in neat and ornamental order, and would not, take down or
deface the (nu. strian statue in the centre of the garden, and
that it should be lawful for the inhabitants ot Leicester-
square, tenants of the plaintiff eed his father, their heirs and
assigns, and the plaintiff and his lather, their heirs
and assigns, on panne% of a reasonable rent for
the same, to have keys, and the privilege of admission
therewith in.() the garden. The piece of pleasure-ground
subsequently became the property of the defendant under a
title di rived from Elsa, and he had lately commenced opt-
Mine for building thereon. The object of the suit wan to
prevent his from doilig this. The defendant in opposition
to the injunction contended that he was not bound by the
cam mut, as it did not at law run witk the land. Mesas.
Turner and Shehhearn' for the plaintiff, contended that the
covenant did run with the Lind, and even if it did not. that
I the defendant became the proprietor of the property with
fall Lotion of it, and was therefore bound by it in equity.—
The case was we einseindinl.

COURT 01" QUERN'S. DENCH.—Yamannar.
dialer la 511103.
Tea QUINN V THR WILL laraormatir Coo-
MISSIONSILL—MANDANICB.—This case MN OR for argu-
ment upon a demurrer to a return mac by the defeadante
to a mandamus granted by this court, commanding them to
issue their warrant to the sheriff tollllllloll a coompootatec-
ury to area the value of certain property belonging to a
3111 r. Fowell, who bad bees served with a nodes by the com-
missioners that his premises would be required by them in
tinning out certain contemplated improvements. The re-
turn to the writ of DalldeMlVl stated, in substance, that the
commissionen had nu funds, and did not know how to pro-
cure the means of satist)ing Mr. Fowell's demand.—Mr.
Fribley, la support cf the demurrer, now contended that the
return was in milkier& The fact of having served • notice
on Mr. Powell, stating that they should require his property,
sada them parties to a contract which they were bound in
law to falft—Mr. Kennedy. on the other side, contended
that ea then were no funds it would he of no woe to let the
mdmibuss go.—Lord Denman ; The object is to sacertain the
ammeil, so that, whenever you have the moans of mica,
yyweo may know what you limo to pay. The mandamus,
iiesulmu, most go.
PLUM V. ALVTOX.--CLSRICAL FBlll.—This was an action
to recover 301., being two-thirds of 461., alleged to have
bees received as tees by the defendant, as minister of St.
Bethnal-green, and came before the court upon a
demurrer. It appeard that the plaintiff, who is the rector of
Ik. Matthew's, Ilethmalicreen, was entitled to two-thirds of
all the bee received by *a defendant, who, during the life-
time of the rector, was to pay two-thirds of the fees arising
from marriages, christenings, and the chunking of women,
in Mu &MUM, to the rector of the parish, who had bet n
dueled by the scholar, of Bruenue College, Oxford, time
I patrons of the living. In coriequenc• of the *tent of the
I perieh, it was found ern*-ary to erect four district
churches, of which St. Fhilap's was one. The
of the living had since leased into the hear 711
Bishop of London, and notwithstanding the plaintiff, Mr.
King, had become the rector el Woodchurch in Chester,
where he now resides, the bishop had allowed him *eon.
tinue to hold the rectmy of St. Matthew's, Bethnal-green.
The plaintiff, alleging that the ,lefer.daut had received 461.
fey fees, brought his action to recover the two thirds to whkh
he claimed to be entitled. The di fendant pleaded that he
had not useiluid the amount of fees claimed, inasmuch es be
had ratan,' to lake free for baptisms and *unhinge because
e the petty of the inhabitants, and the ationsmet et
the ha might deter them from having sari tootesslie psi
termed ; and he had also i"et up, as moth,r pm! or
fence, that the cit.'', ff was no: entitled to the be by view
of his son-residence Mr. Hill, in support of the deouner,
contended that the r. tor of St. Matthew's was bound to re-
side in the parish, •if being now resident at Chaster, ma
sot entitled to rug,. the fee.—Me. Watson, Q.C., oft the
ether side, ',listed t..st the plaiatiff a right to claim**
fur, and that the d. *dant, as the arin.;ster of St. Philip's,
was boned to take lees for all christenin,tt and
u
sod pay two-thirds to the plaintiff.—The court:eretast
*skit that the plaintiff wee entitled to the amount claimed.
hut that there wee nothing to show that the dolleadant was
hosed to Mee the ire for the rector.