The Express.
London, England, 1851-01-27 00:00:00

SPORTING.

C mayn't C nP.—The following horses have been scratched:
Doubt, Dough, Snowstorm, Chief Justice, liasersion, 04
Claret, Mark Tapley, Abbesa of Jerrie. um, Post Tempore,
Vele:, Alonzo, Lough laws, Dippogriff, (Meantime,
Sweep, Indian Chief, remnant., and hlmocassi.

REPEAL OF TIIE WINDOW TAX.—On Saturday a
numerous meeting of the parishioners of S!. Merin-in the-
Fields was held in the Vestry Room, for the purpose of co-
operating with other parishes in she movement for °lnitiates
an immediate repeal of the window tax. It volution. were
carried condemning the impost, and the house tax, by lab&
His undentpod the Chancellor of the Exchequer proposal
to indemnify himself, was also deprecated.
THE REMOVAL OF TILE MARBLE ARCH TO CUM-
BEICIAND.OATIS ti rows another property on the hands of
the Woods and Forests. To the long pending question
about the arch succeeds the question—what is to be done
with the old gates, which it 1, most improperly to replace?
Those gates were erected at the expense of thr late Mr.
Henry Philip Hope u substitutes for the inconvenient,
unsightly, and dangerous gate which formerly stood on the
soot. It would be very ungracious to his memory not to set
them up again in some other public place, as well as a lose
to the park itself. Furniture of their order of excellence
does sot occur at every opening of London ; and it is only
because the parties who have removed the marble arch to so
unsuitable a locality have the disposal of these gltes, that we
think it necessary to throw out the suggestion that some-
! thing better should be done with Mr. Ho, e's present to the
nation than aching it as old metal.— A thenaurn.

Tuß ROYAL MARINES.—Dating the fancy dress
ball, held in connexion with the Royal Western Yacht
Club, Lieutenant HuteLinson is reported to have made some
observation to Captain Britton to the effect that his wife wait
" flirting," that Captain Britton 'milted the nee of such a
word in reference to his wife, and tbat the consequence
war an altercation and a kicking down the assenstily.room
stairs. The consequence has been a court of inquiry, and
the placing of Lieutenant Hutchinten under &rust, and a
Court martial is to be held to try the lieutenant.
TEE OFFICE OP QUARTER. MASTER.-LIENERAL.--.
Various rep4rts are in circulation as to this appointment, but
we are enabled to state that it I. not yet decided whether a
- - to the late Sir J. W. Gordon will be appointed

CARDINAL WISEMAN'S ANCESTORS.—The Falkirk
herald says:—" Oar readers may, perhaps, be astonished
to learn that this celebrated cardinal, according to current
report, is a regular descendant of the Wisemana, cheese
dealers, &c., in the town of S:rathaven. It is generay
reported in the middle ward of Lanarstshire—with what
truth we know not—that one of the Wisemans adventured
as far as Cork, about the middle of the last century, to try
his fortune in 'viand ; that the said Mr. Wiseman took up
• cheese and a provision store in Cork ; that, by a subse-
quent marriage, he became entangled with a Roman
Catholic wife; and that the mother, thinking she was
ruling the fate of the boy, sent him to Spain, whence we
have received Cardinal Wiseman. There can be no doubt
but that Wiseman is nearly a local name, and that it is
peculiar to Strathaven. blimp of the name are yet clime
dealers there."

PROPOSED RAILWAY ACROSS ULVERSTON SANDS.
—On Wednesday last Mr. Ball, Commissioner from the
Lords of the Admiralty, held a public court in the Atheoteum
Room at Viverston, fur the purpose of hearing the advocate,
for, and all who had any objeotions to, the above under-
, taking. It was anticipated toot strong opposition would
' have been offrred by those interested in the shipping at
Oreenodd, and the meeting was numerously attended by
nearly all the gentry and trading firms in the district
Previous to opening the court, arrangements were entered
into respecting the navigation to Oreenodd satisfactory to
all pubis, and they all cordially concurred in recommend-
ing and supporting the proposed scheme; so there is no
doubt it will be carried into effect, and amusingly develop
the mineral resources of Furness.

-
THE SAILORS' STRIKE IN THE NORTH. —On
Friday there was • determined attack made on the
shipping offices in North Shields, which at one time,
it was thought, would be attended with serious results.
About the time for opening the offices' mob of from two to
three hundred seamen assembled in front of them, in the
New Qsay, and noon some foreign-going captains fetching
their crews to sign articles both masters and men were
attacked, and handled in a rough manner by the mob. The
men were pitched into the middle of the rivet, and told if
they did not leave they would be thrown into the Tyne. The
masters and men escaped in the best manner they multi.
and the office had to be barricaded again.t the mob
outside. the evening fifty special constable. were sworn
is, but down to this, Saturday evening, all has re-
mained quiet. The shipping offices in Sunderland
and South Shields seem quite deserted; and there
are foreign going vessels, lying in both Tyne and Wear,
which cannot get to sea. A long memorial to the Board of
Trade, relating to the shipping offices, hu received the
signatures of above two thousand seamen belonging WON
Wear, and one thousand seamen belonging to the Tine. A
number of shipowners and shipmasters have also signed it.
The fees paid to the shipping offices, in engaging and clearing
ships' crew. in the foreign trade, are likely to operate vary
prejudicially to the carrying out of the Mercantile Marine
Act in the north. A very extensive trade is carried on by
the Tyne and Weu with France, Hamburg, and the Baltic.
The men, for moss of these voyages, are paid a voyage and a
half, according to the London scale ; a shilling for sigiffing,
and a shilling for being discharged, with the muster-roll
money, which each seaman has to pay, is considered • severe
tax urinals small earnings of the me • I • • • t the
shipping offices are at • stand still. • a s N
which have been lying IJaded,lhavcts.l.2: 7h **Ca
there Lftfit,
ere is not mach chance of •ogreigs
demands of the men for an, zrek
Saturday • company of warmers
mooting the Beohato ram, who arviltO I 'lltgisirflfs• •
r
. - Orj

"rid 4ASA:4

gain *nUULltttnct•

UM' COURT!.-BarazDaT.

--UMW WI Le CIUPCSILOI6
istirestoosle. Bstinestesh—JCIIIIDICTIOW.—PRACTICI
P.w OIDII/.
tide MN ea opsilweeles was wade to way the tittlltiOn
IRIS inks of the nowr d *s Sate. for the apoietateat
p.. 4114 es annalW I i mutt teem Ma
Meruit MI 1111011101, tilt by theses orders .t die swat
iho wrangles es& to be mob st the 11111 a. the court
wig& mode the ardor. _ The slows to Um objection wee,
eat Wen the sew widen diepeal emit bed the pule-
-IJ.'l t• stay the eziestios of the eta the appeal wee
hard, sad the sew olden estesdisti the
wart below, did set tabs It flea tbe appeal amt.
The Lord Cbaoaelloe said tbe beet way ape rid of tbo
eantroverse, would be to beer as appeal iordiwith.
And Weeder was soosediesly surd he the bora..

germs escsileasslasms
r•a111111031 O. MAIIIITIT.—A PaVilla PLLINTIFT.
The plaietiff (who seed la fume palseorit) Hplid i•
perms to Mt Honour to have her solicitor (Mr. icemen's*,
the •iliciter to the suitors' lend) reinted, sad m kale
IWOOW easigned to has Ia has at Mr. lirtherlitree,
her persist counsel.
Mr. lietheringtoe said that Mr. Jahnstone readily amok'
to Um eeplice•soo.
The Vioe-Chassallar—Can yogi. Mr. 11:thering•oe, also
submit to the separation ?
Mr. Metherii.gtna said he was willing toe:miles* &advise
the lady, or to retire, es eM thought
The Vice-Chmeriloe said that is acceding to the spplica-
ties he should he doing the plaintiff an injury, in depriviag
Mt of the able a...wanes of which sin had now the
adves.age, but that (said his Moamar) is what ws are all of
es doiag every day, niekieg mesething 'which is to our own
stnadenitsge. He Meow told the lady to loth. around her,
sad select ths counsel +hens she wlehoi to have twinned to
her. and same meetings% sidle at the evident difficulty
which she felt in choosing among the multitude of learned
gentlemen who throne the Wert en a petition day. At last
Ilmoisr said," Who will ueditetake the lady's case ? Mr.
AttoralyAleseml, will you underMke it ?"
The Auersepasonal said he should be happy to look
into the papas, awl give her his advice. Mr. C. H Roupell
also offered biennia's.
TW Vica•Cliaseerec congratulated the plaintiff on her
gold foetene, sad told Mr that when she had occasion to
emselt Mr comml, it was the jesting to whom she
art Rol.

Berms Loan Caesareans (Tmeenideareaaa.,
Sta Outwear WaneTlM v TWO DOVTN Bennett
Ka I ailra TCo . . 116 a UNCTION.
Ills Lordship gave kyle/sent upon this motion, the object
of which wee to obtain as lejuoction restraining the com-
pose from keeping poster 10 of a piece of lead, being about
a coaster of en acre, infamies part of the plaintiff 'a estate,
at Bottle Abbey, which they had recently entered upon for
the purpose of constructing thereon a part of their branch
Hai to Tunbridge and Hastinge. The bill also baked that they
might be rintrained from using or interfering with tuck
piece of lend, and from committing write or .pod thereat.
From the statements in the bill, which were throughout
verified by the plainoff aflidevit, it appeared that epos
the .1 .1k of the plaietiX 'a father, the late Sir 0 %they
Webster, Bert., in BM, the plaintiff became seised of the
land in question, and that be had notiourd so mind from
that time to the pretest. Tee act under which the cow
party were cotstrecting their branch line wee passed and
rented the royal most M 1646. In compulsory powers
expired in Jane, 11119. Beton that time the company had
served notice at Bettie Abbey of their intention to take various
pieces of land, about 60 acne la all, being pert of the plain-
tiff's land, but nut including therein the lend with regard to
which the preen% motion wee made. The plaintiff being at
that tome on foreign new the so en ney caned thine
pieces of land to be valued by a surveyor, &c , following the
directions of the Linde Claw s Consolidation As', sea, 86.
The plaintiff on hie return hone objected to the valuation
as too low, but the o weeny, three', paid the armed
valve into the bank and proceeded under the powers of their
eat to take po.etesion of the land so valued. The pleineiff
We offered to smart 2 Vint hey, ad the maenad value as the
price of the lead; sod upon the refusal of the company to
accept mob offer, he named arbitrators to assess the vale.
of the land, end gave notice to the company to
• name an arlsiarstor on Rehr aide pursuant to the
statute. The affidavit ii the plaintiff stated that the piece of
lead, the sulject of the motion, was not comprised is the
notice left at Battle Abbey, but that, nevertheleat, the coos-
posy is the 13 h of December Inv, without any license or
sonnet on the part of the plaintiff, or on his behalf, wrong.
folly entered upon aud took poseeesion of such piece of land
for the purposes of their railwey, and that they had done no
without offering to mike any compensation thereof; that
the plaintiff, being at that time absent in attendance
by authority upon diotinguished fortiori' at Ports-
mouth, wee not informed of the company's proceed,
ince till the 16 h of December, but that as soon as be
had been informen thereof he tiled the present bill.
The bill pray. dan injunction and other relief. The motion
man made in the first instance on the 26th December, but
we" ordered to stand ov, r.ttist the defendants might have
time to answer the plaintiff's affidavits. Upon its being re-
peated a few days back,
Ilde. Medias sod Mr. Schonberg asked far an Injunction,
es the ground that the piece of land in question was not
included in the notice served at Battle Abbey, and the com-
pulsory powers given to the company by their act had now
expired. The defendant' had cleanly no right to take the
Mr. Bothell and Mr. J. Daily, for the defendants, son-
tended thee the piece of land in °motion had formed pert
of the glebe of the deanery of Battle, end it had Men pur-
chased by the defendants from the dean as the owner.
lite Lordship, in delivering juices's% said he woe of
opinion that net can Lad been made by the plaintiff fer emy
port of the relief prayed. It appeared that the eompesy
claimed this piece ot land, sot from the plaintiff wider the
pow. re of their act, but adversely, and by title M
ether peruse. to the perharaestery *we of the rail.
way the land wee described es the land of the dean
of Battle. The company, by the it affidavit is answer to the
plaintiff's bell, set up this ease. Finding parties in the *au .o.
ties el the land, and believing at to be itie land of the dean,
they weed him with /Mite and purchased of him as owner.
The compan), intents, were claiming not under, but
ageism the plaiateff ; the title set up being unrier persons
clainior adversely to the plaintiff. There appeared to be
no aethority for nyieg that in such • can the court would
Morten against • railway company any more than against •
private ihdividual. Ms asses is which the nun bad
interfered by injunction with the proceedings of railway
companies, were clean in which the party ethane relief MO
the whom the company were seeking to dispossess ender the
powers of their ac.. In such ems* the court had held comps-
sin strictly to *now that they were complying with the
conditions ender which their powers were gives to them by
their act—" Brucklebank v Wbitebaveii J abettors Railway
Company" (IS Simooe's Reports, 632), " Barker v. the
North Staffordshire Railway Company" (2 De Gee and
Swan's Reports, 6.5), and other cases. Is all those cases
and in many others which might be cited the court had pro-
ceeded on the ground that, where companies are
proceeding under the powers of an act of pare
Lament, to take the property of another, the owner
km a right to say • 1 shall not suffer you to
✓otted in your works till l am satisfied that you have strictly
onsplied with MI the aesditioes of your act." The present
Mine, Isearevire, was one in which the company were not
enemies under their act against Sir teciltre y, and in which Sir
Godfrey himself did not allege that the pine of lend in
question homed any past of the sehject in dispute between
him and the company. The cue, therefore, wee sot within
the principl al the authorities referred to. By greet-
ing en imuiction in • case like the pretest the
gems might be doing incelculable mischief. 11, alter
the coot pony had treated with, end purchased the land of,
perum supposed to be the rightful owners; and were about
cosnineucing the construation of their lime, it were ors to
a third persoo at the lest moment to stop their proceedings
upon a mere allegation of title is himself, the result might
be that the law would be made instrumental of doing greet
iniury and at giving an improper advantage to a third piety
by oompelline the company to come to terms with him. Upon
the face el the bill there was nothing to show that an action
of ejectment, or an action for damages would sot afford
to the elitist& all the relief he could be entitled
to. The plaintiff merely said that he was entitled
to land, which the company thought they wen entitled to,
and that the company were proceeding to eceert their claim.
The question was simply one of adverse title, upon which he
wand observe that the evidence adduced by the doles :ants
was at lest eqoevaleut with that adduced by the plaintiff.
That being ,so, sod the coati any having purchased of an
adverse owner, be could not grant the relief asked merely on
the emend that the plaintiff impeached the title of such owner.
It that were done, and the comp any were to arrange the
matter with the Omuta!, there would be nothing to prevent
any third person from proceeding the very neat day to file
another bill, slowing plausible lemons fur title, and asking
that the works might he stopped. HI. opinion was that
be weld not grant the relief asked without going beyond
what was warranted either by mathoril or principle. The
notion muse tinning be thinned with nets.