The Express.
London, England, 1849-11-20 00:00:00

SPORTING.

Causes Pleat, that asset had co Killed, though w thost
assigning its tenons, that power had been proierly *incised ;
sad the Nag A. thee brought back open an applicatios for
a case to be taken is a &If Nat court of law, on the ground
that the vas as of the court of lawr its derision, were N.
weary as n guide to the judgement of the court. Ms lloaosr,
after referring at length to the authori,i. a bearing open the
assailer, ebeerred that, without hawing the groaais epos
whisk gbh asset el law had wirtilled, le aeold set take it
spas labsealf to mobil their awihe. A,sothor cogs
sight, therefore, be takes for the °gigot of the Court of

Ethherter.
Arvoathit-0111111112. e. LAWlL—Cnraireant.l Bantam.
The question in this owe rebated to a 'wriest emitaieed
Is the will of &testatrix, named Asa Buyeß, belithall.
Midellalth. who died Is 1835. The testatrix had directed
lee aseentelfe to pay into the bank of Mamma Drummond
sad Oa. if Cheviot mesa, a slaw yearly sea of 1001. fa the
sole use sad hew et " elegy of the ministers and members of
the shwas mew (awing apes the eyestalks' &arises pat
forward adgbally by the ate Edw. Irving, whoa's, be perm-
camel is ereisired or in pay. sty for peasching or npOoldiog
Um. d•eeebee, or that half the mu may be eopropriated
for the bsaellt of the chetah founded by the late Edward
lab* la Nownwspetreet." The testatrix died is 1846, and
tha ezegetrix of the will, after paying the debts and ether
lesadalb kawasind and appropriated a sam of 3,338 i. M.
eseenb payment of the frailty. The present lace-
madame's, Set at the Matisse/if minialresei4to be founded
on the alosighe originally brought forward by the late Ed-
ward kyles it the peipese of Attie's( the deolandies
the wart that** gi tof the annuity was • valid charlatan
baud, and for a scheme for the future admisisteelba
thereof. By the decree made at the haring of the seta
July, 1848, it was, arampt other thing., referred le the
Mesta to inquire aid state to the court what wen the Ala-
Was referred to la the will se " the apostelial beldam
forward algisally by the late Edward Irving," era
leirmat there e'en or was say and what persona or
peewit an oaths the dessriptisa outlined is the
will of " the whiatera and member of the abeam
now forming apes the apostolial doctrines breasbe
forward arisiselly by the late Edward Irving who are per-
ethated.thseed sr in poverty, for upholdeeg the mid Asa
Wager al what was the church drenbed is the will as the
" dive* isaatled by the late Edward Irvin in, Newman-
street r The Master, by his report, fond that Edward
Irving was formerly • taiskter of a church is Regastpaare,
is 1111111Madelt with the eherth of S massed ; that be 1812 he
sunned Mhe sash =Water, and his connexion was dissolved
by the melee math church, bet that he esatiaaed theiesierth
es lave the pastoral care over the majority of the assess
theretofore acaununicaate, who withdrew therefrom upon
the election of the mad Edwaal Irvieg 'end be-
came under him a 'operate consrvgatioa or red
gioes vaulty, which had ever eines andaued,
and still continued to exist, and that there were at the date
of the report divers congregations and ministers belengiag to
such religious society, established in London and elsewls.re
in Great Britain and Inland, all of whisk held mad
head certain lawful doctrines and baste, called a cal,
which were taught and permanently brought forward by
Edward Irving during his life; that the doctrines referred
to in the will of the testatrix as the apostolical doctrines
were these of the permanence of the gifts of the apostle'
prophets, evangelists, and pastors in the &lurch, the
doa-
trlaee of the right of the chunk to the antinomies of the
m rseulous powers and gifts of the Holy Ghost gives en the
day of Pentecost, and the doctrine of the necessity of the
premises of the fourfold ministry (including that of the
apostles), and of these powers and gilts in the church for the
purpose .1 preparing sod perfectfar the church for the
second advent of the Lord Jesus Christ—all such doctrine* we re
taught and insisted on by the said Biward Irving, and were
founded upon the doctrine of the true humanity se well
as divinity of the Lull, Jesus Christ; that since the emus-
Goa of Edward Irving how the established church of Scot-
land
numerous chetahs', la ell 35, had been fluaded in
England, the worship and discipline of each churches being
conducted by ministers known by the name of apostle.,
assisted by other ministers, tented prophets, evangelism, and
parer", and that the total number of commudeantecof • ach
churches was, at the dote of the report, netless thsmc4,ooo.
persons, and that the number of Walston of snob thatches
was 270 ; that many of the ministers red members of web
churches were previously member. dottier Wigwam depend-
latices, many having been diessadagmialeterseadeshoolmas-
tore, and engaged In trades andemplo, meats, bat that Is con-
sequences of forsaking such ceilings they had fallen into great
poverty and ailliction, and wars dependent priseipahy upon
the peetudery support or their richer brethren ; that E.
Heath, one of the relators, was the minister of Newman.
street Chapel, and that the testatrix attended there ; that
there were other places of worship belonging to this eougre.
Ration in Bish.pega• e Southwark, Chelsea, Islington,
Paddingtoe, end Westminster; and that from 1835 to the
present time the chief ministers of the seven churches Is
London had the management of funds arising from a tenth
part of payments voluntarily made by the members of the
eingregations of the several churches, the payments being
foe tithe of the clear incomes of the members of the emigre-
galas, and from other rums given on behalf of
peer ministers or members, the foods Ming kept
at the beak of Moors. Drummond' in the names
of the seven ministers; and that the thmies aris-
ing from the tenth part of the tithe of the said several
churches or congregations, from 1837 to 1843, amounted to
21,0171. 6s. 6d. ; and the monies arising from the said sums,
originally given voluntarily by the several churches or eon-1
palates', fat fM p or ministers or members, from 1837 le
1848, snouted to 30,T291. 7s. 61., making • total of
51,2461 13s. 6d.; but that, notwithstanding the miebten
had been east& adequately to relieve all the cases of dis
tress arising anon the manias's and members.
The Solicitor-General, Mr. Roundel' Palmer, and Mr.
Toiler, ited that this was a Charitable bequest, which the
court weiM abathister.
Mr. Xmas sad Mr. W. J. Bail', for the residuary
legatee unite the will, insisted that it was merely bonevo
lean to individuals, and not a charity ; and that if it
should be considered • charity it was void for uncertainty.
The 13Jlielter•Cienteral in reply.
Judgment reamed.

TATTERSALL'S-MONDAY.
LIVERPOOL STEEPLE CHASE.
6to 1 apt KAMM of Owyme (t 7to 1)
6to I Vale Hope (do)
Ito 1 Proceed (do)
CME2TER CUP.
I to 1 apt 'dad flowth'e Peep.e.day.Doy (t)
60 to 1 Lord CbesterSeltPe Ludy Evelio ~t)
1.000 to 13 Mr. Parry Idle Boy (t)
1,000 to IS Mr. Holmes Liemattoso (t)
2,000 ee 43 Mr. S. Otmwele 17.mith6ma (t)
1,000 to 1 Mr. N010,..e Blaster (t)
1,000 to 1 Mr. Pedley's Chatterer (t)
1„000 to 1 Mr. Merry's Mies Ada lt.)
The odd returned sun P.ep-o'.eiay-Boy, Ludy Erebn,
Konaingto , and Idle Bay were takes to upwards of 1001.
each ; the thus bets were in small semis.
DEEM
Ito met Kent s fet (t)
11 to Mr. W. Elver& so Rellsetrelsa (t freely)
It to —D. of Rielmemes Mile Celle"l7 to lleld to 301.
114 to Lord EgltittoetilMW of Amu( (t)
IS to Mr. MMillam's Eho Min (4)
10 a Mr. 1. StotesCrpme
22 to Mr. Nigro Ilimmheort
23 to LordAhMeoallehto
23 se Lord Akio% MOWS,
30 to Mr. WilEmemo's Veldper (t M SOL)
Mto Mr. Gratidok's The Mew tt bode)
Sea DIM et Redked's Joh o' Greet (t)
-1,000 a3O Mr I. Pipes Meehan (t)
=DI fiery sad Pit,t;rd (t)
broke was harked tor ',vend hundred pounds ; The
= iniallt of Avenel and the Ital. far about 2001 feet, aid
the Nigger for Mi. or 4001.—tke odds taken shoat each
bang tire sine that tee hive quoted.

lain Entelflignue.

COURT OF QUEEN'S BENCH.—Yzarzamty.
Ta■ QUZZIN O. WALLRIL-111D1CTIMIT POI( FALSI
_ _ . Parmicass
..

In. this case the defeWant,;;Failtor, had been indicted
for obtainieg certain scrip certificates of shares of the Hull
and Lincoln Railway Company by false pretences, tad laud
been found guilty at the trial before Lard Denman. He
was indicted jointly with one Paul, his managing clerk, who
had been acquitted. It appeared that the prosecutor, a
person of the name of Clemeate, had obtained the loan of
several s.:nts of est.ney on the deposit gibe scrip in question
from Walker. Clemente brought an notion to mover the
earmat of deposits paid by him on the shares, and it became
necessary to produce the scrip at the trial. He alleged that
Walker sad Paul falsely represented that the nosey had
been advanced by a third person, in whose poesemion the
scrip was, and who would not produce it unless the sum of
1101. fur interest due on the loan was• paid,rad en
the morning of the trial they obtained Ogee N& from
Clement, before the scrip wee prebend. It fps eon-
tended that the will was not in the lei& +lie third
person but of Walker himself. A Mr. Adamy the mere- '
Wry of the company, who was m.goisant of a gnat deal
relating to the transaction between Clemente and Walker,
was not called at the trial. n .
Mr. Bodkin now moved the judgment of the ormeton the
defendant.

Mr. Berjeant Wilkins, on the part of the deisadant,
moved for a rule to show cause why there should not be a
new trial. He moved upon affidavits which went to slew
that Walker had advanced the mammy for a client otitis, and
that the refusal to produce the scrip until the sass for which
the bills were given was paid was the act of his silent and
not his own ; sad a/se on the ground that Paul would have
beta an isitant intact for the defendant, and that be bad
been included in the indktment for the pupae of shutting
est his evidence.

la answer to apFeation from the court why Atkinson,
who could have an ad a good deal of the real /tato of the
GeV, was not calla at the trial, and welch were relied on
is the affidavits n0w....

Mr. flerjeant Wahine replied that he only appeared
at the trial for Paul, who was aequitted, but Mr. Banantine,
who then appeared fir Walker, thought that as ewe of the
wituestes did not give such evidence as was expected the
evidence of Atkisson imams so trifling ss to be of as use to
his cheat.

Jdr.J Utica Coleridge said that the court would consult Loyd
Denman before giving their decision. He could not how-
ever, help adding that the administration of criminal junco
could never be safely curial on if a party appeared at a
trial rept. seated by a counsel who did not thiok it advisable
to call an important whims, and then insieuettd =otter
counsel to move for a new trial, Ma application luting founded
upon affidavits which Panted principally on the ',Mtn°, of
that minims. . .
Mr. Elerjeant Wilkins hoped that his knish* did not
mean to imply that his conduct was oensarable.
Mr. Justice Coleridge—Certainly pct.

BAIL COURT YESTERDAY.
BERM MI. Jkrltt PAT. MON.
HARRISON O. NNWTOX.- OBTAINING DISCIILION FP
CCBTUDY IN EXICUTION NY ALLIGED MUI/LZIPAZIEN
VON. _ _

--111;. Rogers moved for a rule °tiling on Agustin Newton,
the defendant, to show cause why' a discharge of lath July
last should not be reminded, and why another I xteution
should not be issued. sad why the defendant should not pay
the sum of 1041., being the amount of the levy, en the
rebuild that the discharge had been obtaintd by fraud and
miarepreeenta.ion. The ease was tried in Ray, 1848, • ver-
dict was found for the plaintiff, judgment signed, and on
10th July the defendant was taken in execution. Oa 16 h
of that month the plaintiff wort to the house of the thiriff 's '
dime when the defendant (a barrister) wee coeflaed, and
had an interview with him, in which the defendant mated
that he bad been improperly arrested, and that he would be
discharged the neat day upon appiiestion to the court , a the
ground of privilege. The plaintiffreteed him for payment,
sod the defendant said that it the vleintlff ais4ld tire
a document which be (defends& ) had brie% up, he
would pay part et the 'whey on dm a- at awn-
ing, and the remainder by instalments. The plaintiff
cemented on an samrame thathis do**, se witakieet preju-
dice him,-and signed the paper In qcestinnierettanoing to
the lock-up house tha a. xt day to receive the money promicag'
he found that the attendant tree out of remedy; beetegiseen
discharged hamediataly wider the documemrelbleli he bad
been induced to egn. It arm bow contended that the defen-
dant wee guilty of a false representation, and thereby gainedl
a discharge from the debt, and tae e •uft would deal with the
matter ie the I X.reiee of its equitable jurislictien as had
been dime le the can of " Baker c.,flidsway" (Bllieghaaa,
41.)
Rim 144dah4eebl that the !Winds. esiounticl to a rule
to set elide a Satiftifie hoe this debt. It appeared that the
arrest wee wransfel, end the dehmdent might have )ees di&-
sharsed oa a quake of drags by applibmiki f. the

EQITITY COURTS.-YESTRILDAT.
boom Timesamcnika Wm.'s._ _

VIIICIDIS v. TIM 511;17CW.07.801:701;111D
• DCII ATP/STATION OP PUDLIOXIION OP • WILL.
Mis Honour delivered hi. judgment I. this ease, Use rime-
tian in which will whether the will of Mrs. Ireland, wife of
Dr Ireland, the lets Dean of Westminster, was or not a
valid execoios of a power given to her by her marriage set-
tlement. By the terse of the power tt e will was reetakad
to be signed sad published is the presume of two witnesses.
The will was attested by two witnesses, bat the stssatudea
Muses imported only that the will was siped sad mad is
Sharman* without nfertiag to the ism el Imbibed's.
The Question me imbi" the power was duly essedieed by
the la, the requisite of publication sot belay soaped is tie
etlestatios doom Aes e having bees est to lib Omit of

rp:r
IR EXPRESS, TUESDAY ETEAING

court. Beek a discharge, however, would sot operate as a
diecherse from the ebbe. Tee role would be greased, bat le
was doubtful whether Ike latter part of it Gould be eurtaised.