The Express.
London, England, 1848-05-15 00:00:00

THE EXPRESS, MONDAY EVENING, MAY 15, 1848.

house, and a few fish on the ground," is quite a miracle of
art. Common trifles of the kind wore never a/ poetised be•
fore, and yet such finish, such Dutch delineation, and such
colonel! It sold for 43.51. 15s. The leave Ostade was a
" Halt at a Country Inn" (numbered in Smith's catalogue
as 66), and characterised by the softest colours and chlaro-
• e
scam: it sold for 1,000 guineas. A Rut edael, " A Forest
Scene," realised 700 guineasi aK. du Jaolordiguineu;n (No. 11D4),
640 guinea; a Ilobberna (No. 116),
llooghe (certainly inferior to the Peel apecimens), 610
guinea; • William Van de Velde (No. 118), s'o Kamm ;
a W. Mieris, "A 'Traveller seated on a i...nk, with
a knapsack by hie side," 470 guinea; an " A Flower-
piece" by Van Ituysum, 400 guineas. The best ilip Wou-
vermin', No. 106, was sold for 380 guineas, and Item-
brandt's portrait of his mother, a head in an oval, was
knocked down to Mr. Eastlake for 100 Waves. Let us
hope that the Rembrandt was purchased for the National
Oallery (though Mr. Eastlake is ao longer keeper); it was
one of the but pictures in the collection; and certainly, con-
sidering its excellence, the cheapest. This sale, wo should
add, is another remarkable instance of the judicious invest-
ment which men may make of their money in purchasing
only good pictures. In these days, when money is extremely
scarce and people are shy of lending, you hove only to pro-
duce a single good picture (with its genealogy) and
there are plenty of people who will find the money
to buy it at a large and—as romo would add (though
not ourselves)—at an eatravagard. price. All the good
pictures by old masters are a•ois catalogued and
known, and men who waste their money in speculative
Titian, deserve to get what they are cure to acquire
tures of no kind of merit, which the artist, Ow dealer, end
the real connoisseur, at a gluier, condemn. The Marquis
of Hertford, we are glad to think, is spending some of his
enormous wealth in purchasing pictures which carry the
mark of the master upon them, and have withal that gene-
alogy without which even Sir Robert thordon's recently-eo:d
portrait, attributed to Raphael, and worthy of Raphael,
though doubtful if from his hand, must always sink in value
and importaaca.
- -- •

UNIVEICSITY AND CLERICAL.
PORIO, MAY 13. PAKTEN COLLIOS —There will be
an election to two erbolarships at Fleur Coilegron Friddy, June 9;
one own to ell hire
above the ago oilo, and RIM (i member" of
the univereit, ) liwee not exceeded two pia. front their matrivula-
lion ; the otter limited to preemie, burn or educated In the c.tioly
of
Devon. Candidate. are required to call on the rector with the re-
..-

quiwte certificates.
?decree 0.13.c..e.--Thrre will he en eked°a of three pewtmeeitert
et Melton Colima...it Er Way, June 23. Candidate...on 1i44.a4 .1 lu eull
on the warden on Monday, June 19, with testimonials of good conduct
and certificates of ntim. In the elecUon to one peannatterthip
preference wilt be given to attsdronrota In mathemance. No
di-
date. will be admitted under 17 or abuse 19 years of ago.
CANlHRllifin.—Tlte BURNEY l'HlLli.—The annual price
(being the interett of 3,5470 f. ItedueedThree per Cent. obiek) Oven by
Mtive.l. C. Burney in accorthinve with the with of her brother, the late
Mr. Kaohurd horny, MA, of Chritt't Geneve, for the bet; Pinglith
• tawny on wine moral and nietaph)tical tubject, on the ratetenee,
nature, and attributes of God, or on the truth and evidence of the
Christian religion lois been awarded to Granville Hamilton iurboo,
WA., of Llowning.Gollette. Subjev't, "'fbrl.oudrtanuf

CoNvocartoN of the lii.hope and clergy will re-
cusientble un Wednenlay neat, the 17th inst., at II o'clock. the min,
loamy at the chapter bows., and the lower house in the rhoprl ut iii •
weiit end of St. Caere Cathedral. The (initial buainew being gone
thrungh the convention will adJourii, tin before, to, the Jertisicm
Chamber. Due notice will be street of the day appointed by her Ma.
jetty for receiving the addrew.
TOR NEW litaaor or GLAHOOW.—The Rev. E 1.1•
Ramary. Demi of Edinburgh. hr been appointed Malmo of Glioutow
and Galloway, in room of the Lde Dr. Mooed. )111. ILlinaayolthiattal
before the Queen at Mayn't l'alnir un ocoodon of her Maratv 'a tint
visit to Scotland. A large church it to be erected for the new ',Whip
In the weatern suburbe of
I'aRTERNKNTA.—Itev. E. Gillett, to Trinity C., Ely,
Cumbridgrubir,- T lithhina, to Folke C, ItaaH, din. Soho.
bury.-Rev. R. Donlon, V. gif Onfordahlie, to thy desncry
rural of Islip, dio. Oxford ; -Re v. It. Harding, to (tare It,
Sonierwt, rho. H. and W. ; put., ev. .G. lllll,
I'. C. of St. John's R
T, W
to be u uurroote I ur the
din. of N'twaster. -Rev. W. llogarth, to atfield C. C.; co.
and meiotic York ; 1391.; put. thy H
Counter of
Coventry; Rev. r. run, doe. Rev. J. Mulholland, to be prin-
cipal of the collegiate achoul. Windaor, din. Nova nem I -
Rev. W. V. Taylor, ta Tranmere C., co. and dio. Cheraw, and to be
chaplain to the Marquia of Sligo. 14-v. ti. R. Turner, to West Alvinap
ton, Amid. C, Devon, dim Rimer._. Rev. C. Wardroprr, to Earriley
Tyaa P.C., Yorkshire, tie. Ripon; loot. ; pit., the Karl of Dart-
mouth ; vice Rev. -I. Minute'', prom.-Rev.J. W Ise, to Newer. 611 m,
chaplaincy, din. Cotombo, Ceylon.
VACk.NetEu —Leicester, St. Mary C., din. Peterborough ;
soffnm WIIIIIOI rows, Ramehridee ; Rev. J. Wine, prom.
-- Shin hwaite C., Vorkahire, dio. Ripon; Rev. C. Wanlroprr, pnan.
Whitchurch V., Devoe, dio. Flirter ; 1951., with residencet pats, the
reprisyntutives of the Lite incumbent, Rev. I'. Sleeman. -11cni
blionerribip of Weatern Grammar School, Itromptort ; -Le um-
Moon c., a ouster ler the Modern Department 1231.

NAVAL.
W POUVINI OU T H.—TWO MiiiLhiplittll of the rowerfol,Bl,Port%
mo&h, nor been dealt with &wording to Admiralty deem lon tins
If 14. k. tine has been ill...mined the service, Anil the other the sh:p.
They arr both highly anstorrstie; one is • nephew of sir C. Ada.,
late of the .ttlmiralty, and the other a near relatite of • pree.• -The
following acting nodes posed for luntersivits at the Naval College, on
; Mr. C. W. Hope, J. W. Pike, C. L. Wad'lllose, U. W. ',-
Lloyd, A. Neale, IL W. Corneek, K. labour, 11. U. ll.ckky. C. 011.
boas, J. K. Simone, T. Andrews, K. 11. Horton, pod.
The
following persons piweed at the Nand College, nn Wednesday, kW
oonaminnons to the marine corps : W. l'. Burton, E. 0. Peame,
N. H. Why, and (J. Le Hardy 'Milton.
ADMIRALTY. ii•V 13. A PPOINeId UNTS.—Lieut.
and
Can. J. U. Bathurst, to It or/rim-Midshipmen : A. ltowen, to
Powerful ; W. 11. Goddard, to Sharpshooter. Alastee'n.V.als. : J. E.
Knight, to Ocean. —P&Ontertorl.--.oata-Surgron J. C. Walsh to
surgeon.

MILITARY.
The 82nd dep6t from Broca° marched into I)cvonport, in
two ,tiviatons. on S. turilay.—Tbe )I,ld-touters of the rlet are
expected to leave on the 15th fur Lane...hoe.

upentthe carriage in March, and it was clear therefore that
at„iliat time Mee J.nclen agreed to buy it, and it was only
alter tint lady had absconded and gone to l'ars that the
plaintiff fell hack upon the original agreement for hiring it,
and now declared it to he his own property. This action
was not brought until alter the defendant had hail possession
of the carriage for three years and when Miss Jordan was
dead. When the plaintiff sent to the defendant to return
the chariot he refused, and the parties then welit before
Mr. Trail, the magistrate, who decided thi.t it did not
matter whose carriage it was, as the law compelled
innkeepers to take in carriages and horses, and therefore
defendant had a right to keep such things for his bill. An
innkeeper had a public duty forced upon him; he was bound
to accommodate travellers, and deal with any person who
came to his house. In support of this view of the law the
learned counsel cited a CUP from 2nd Lord Raymond's.
Reports, and "Johnson v. Hill" (3 Btarkic). Three wit-
ni saes were called, who proved the facts above-stated ; and
Mr. Whately having replied, Mr. Justice Coleridge said it
was clear that an innkeeper hail a lien on the goods of his
guest. Did that, however, mean goods that actually be-
longed to the guest, or property what he brought with him ?
Ile thought bath ; hut still, if the innkeeper knew that the
property did not belong to his guest, that would alter the
matter. There were two (lineations for the jury—first, did
they believe the carriage wan Miss Jordan's own property ;
and secondly, was the defendant aware of that fact ?—The
jury found that Miss Jordan merely hired the carriage, but
that the defendant did not know it, which wan virtually a
verdict for the defendaut. Leave for the plaintiff to move
wee reserved.

Sittings to Ilanco.
THIS QUKV.,I r. FoNTAINP. MohEAU.—Pfttt.irrty.—This
Was an indictment for perjury, in an affidavit made by the
defendant for the purpose of holding a person of the name of
Kncontre to bail for debt. On the trial an award which had
been made between the parties was put in evidence, in order
to prove that 11., debt was doe, and that the affidavit of the
defendant was therefore &lee. The award was received in
evidence, and the defendant convicted. Subsequently i i ule
was granted fur a new trial, on the ground that the award
was not legal evidence. The case was afterwards argued,
when the court took time to consider its judgment.—Lord
Denman now stated that the court were of opinion the award
ought not to have been received in evidence ; it only ex-
revsed the opinion of the arbitrator on facts which were
brought before him, and it did not follow but that there
might be other facts of which he was irrairant ; tho award,
therefore, did not prove that perjury had been committed,
and the rule fora new trial must be made aban!ute.
Astialtsior e. Ittivreropt.—DiVisioN or LAW EXPRNAEN
argoNti sat/Mist, DEEKNOANTIC—In this WC writs of wire
faciaa had been Wined against eight persons as members of a
banking company, anti they hail employed the plaintiff,
who was an attorney, to defend the action. To save elp• nse
the plaintiff &stained a rile for consolidating the action% so
that only one should be trim 0. A rase in which api root of
the name of Lund was the defendant was accordingly tried,
when a verdict was found for the plaintiff. The plaintiff in
thu present cisseafterwurds sued the defendant (Boynton),
whose name was third on the list, (or costs, but was non-
suited : and the question now at issue was, whether each of
the eight defendants was liable for the whole expense of the
eight causes, or only for the coats m his own Indivi dual ac-
tion, and it the lattor, then the defendant Lund must hear
the whole tsperise of his action, w;•ich was tried, and the
seven other parties would only have to pay the costs up to
the time when the cons ablation rule was obtained.—Mr.
Knowles, Q.C., and Mr. towline, showed cause against the
rule for a new trial, which was supported by Mr. Martin and
Mr. Itowe.—The Court deferred its judgment.

COURT OF EXCHEQUER.
sittings in bunco.
This court sat on Saturday, pursuant to notice, and pro-
ceeded with the special case paper, in which the following
case alone was heard :
Toes ue.r. V. Meows( —This was a special case arising out
of a claim for tithes of the parish of Howell, of which the
d.fendant wan the rector, the plaintiff being a landowner;
and the questions 'ought to be raised fur the opinion of the
court turned on the proper construction of Lord Tent. rilen's
Act for shortening the time of prescription for claims of
modus deeimandi, 2 & 3 IV. IV., e. 100, which enacts that
where • payment has been made in lieu of tithes for Sid
years, that shall be conclusive of the title to exemption from
tithe, unless it appear that such payments have been made by
consent expressed fur that purpcse, by deed, or writing. This
being the provision of the statute, it appeared that for upward+
of 60 years the defendant and his predecessors had received
the sum of liOl. from the plaintiff and hi! predecessors, in
lieu of tithes of this parish, and that that payment had
arisen under a decree in in a suit between the then
patron and potion, whereby an exchange of the vlche land,
hail been made for other laud., and the RUM of WO. paid to
the 11.1n,011 in Ii u of tithes, and of the claim of the pa von to
certain right. of common.—ln this state of things, Mr.
Wales, for the pinata", coots wird that the claim to tithes
was barred by the statute, that the payments had been
proved during the period required by the statute, and that
they were obligatory on both parties, and did not arise deceit
any consent by deed or writing 'twenty made for that pur-
pole.—Mr. Whitchurst, on the other hand, contended that
the payments were made by virtue of • ilerrie of the Court
of Chancery, which must have proceeded from some agree-
ment in writing, such as was required by the statute,
to take the ease out of its operation ; and if no
such agreement could be inferred to exist, he argued
that the bill, 'newer, and decree themselves constituted such
a consent in writing. If so, then the payments were not
made adversely, and as of right, but by arrangement. Ile
further contended that the facts showed the, the payments
had been made in lieu not only of tithe., but as a compenea-
tiOn fur the claim to common ; end that being so, though the
receipts all went to show that the payments were made in
lieu of tithes only, the case was taken out of the statute, and
the right of the defendant to tithes in full wan not taken
away.—Mr. Wines replied; and, at the conclusion of the
case, the court intimated that they would take time to con-
sider the points.—Judgment deferred.
youth Pee s.—Before Sir E. Pllock, C. 14., and a Common JurT.
(JAYLAItti e. Mounts AN ANOTHER.—AsSAeLT.—.ChiII
was en action to recov.r compensation in denim s fur an
assault committed under these circumetancee: On the
of July hot the defendants., Messrs. John and Robert
Morrie, were driving a dog-cart through Chiewell.street,
Barbican ; on arriving at a certain point their progress was
interrupted by one or two waggons and a private chaise, ia
which the plaintiff was. He was reeked to move on to al.
low the defendants' vehicle to pass, but he refused to do so,
whereupon his horse was whipped to make hint move, and
the defendants went their way. Immediately after-
wards the plaintiff rushed forward and treated the
defendants' hone an roughly that it reared and
plunged violently. The plaintiff was frequently re-
quested to let go the herne end on his pert mptorily
refusing to do so, until he had first obtained the defendants'
address, Mr. Robert Morris struck Into. An address was
ultimately given, but there was some miesppreheneion
os
to its correctness. It was admitted that the defendant,
Robert Morris, had committed the assault, hut as to the
other defendant it appilired that he was at Newmarket on
the day the affair t:ok place. It was contended that the
plaintiff had himself committed the first assault by laying
hold violently of the defendants.' horse, which wan a young
and very epirited animal.—The jury returned • verdict for
the plaintiff, damages WI.
The sittings at Nisi Prius will continue until Friday next.

ARCHES COURT.
Before Kir It. 1. Font.
WINICWOILTII V. WINKWORTII. ADVI.TERT.—In this
cue the wife sought for situation from the husband on ac-
count of adultrry. The parties were married in 1830, and
the act of adultery was proved by the husband cohabiting
with a female named Pepper, otherwise Mrs. Windham, in
various places, by whom he had two children. The husband
pleaded his own case ; an I read a variety of letters from his
wifo to prove that up to the day of separatiol ho had been
on the most aflectionate terms with her; and arpued that
the court could not pronounce for the separation, the wife
having condoned, elm having been aware of the illicit con-
nexion. Dr. Ad•lams contended that although the wife bad
been aware of her husband having committed acts of a•lultery,
yet she was ignorant that the court would grant her rrlief
until she consulted with her professional adviser, from which
time she refused to cohabit with him.—The court admitted
the:plea of the wife, and granted the divorce.

POLICE.-81TUIDAY.

MARLBOROUGH-STREET.— RoIIBETtY OF J wash-
teny.—G. Metetqfc, town traveller and clerk to Mr. W.
Charman,manufactuting jeweller, was re-examined, charged
with having robbed his employer.—Mr. W. Charman said, I
live at No. 63, Berwick-street. Tho prisoner has been for
about 18 or 20 months in my service as town traveller and
clerk. About a mouth ago I missed a gold snuff box from
the countinc•house, and mentioned it to the prisoner, who
said : " I have lilt it with Mr. Storey, of Regent street ; it is
entered in sty hook." About a fortnight since I naked the
prisoner if I e had obtained an answer from Mr. Storey re-
specting the hex. He said Mr. Storey had sent that hex and
another into the country. I had observed that another gold
box had been entered in the approbation book to Mr. Storey. I
Finding tram Mr.Storey that he had never received the boxes,
I spoke to the prisoner, who confessed having pawned them ;
he was then given in custody. At the station house the offi-
cers found 44 duplicates on him, nearly all of which relate to
property belonging to me. The officers also found on the pri-
soner three diamond pins, seven gold seals, two gold keys,
six rings, a gold locket, nine gold buttons, and other articles
of the value of 401„ my property. The prisoner said he
hoped I would have mercy on his wife and himself. Since
the prisoner has been in custody I have been examining my
stock, so d miss property of the value of between 4001. and
5001.—W. Jones, assistant to W. 13artram, pawnbroker, pro-
duced various articles identified by Mr. Charman, and de-
clared to have been for the most part pledged by the pri-
soner.—O. Jabers, shopman to Mr. Stevens, pawnbroker,
produced two diamond ear-rings and about a dozen diamond
rings and other articles pledged by the prisoner.—Two other
pawobroker's assistants produced. property pledged by the
prisoner.—Other articles were found at the prisoner's resi-
dence.—Tbe prisoner declined making any defence, and was
fully committed for trial.—The prisoner was ordered to be
brought up on Saturday next, on a charge of having robbed
a former employer to a large amount.
MARYLIZBONR.—EXTENeIiIi RAILWAY ROBBRIIIIIB.
—C. Athol! and Anne Williams were finally examined
charged with stealing property at railway stations. At the
previous examinatioe, the prisoners were committed on three
cues proved agaiust them, and were remanded for other
eases to be brought against them.—Mr. Justine attended to
prosecute on the part of the Great Westernßailway Company.
and Mr. Cook to follow up a cue on the part of the Raskot:
Counties Railway Company.—Thomu Batson, Esq or Xy-
naston-house, near Roes, Herefordshire, stated thal on the
23rd of December last he came up by the elpeces train front
Gloucester to Lend 11114 on arrivg,g at the Paddington