The Express.
London, England, 1848-08-15 00:00:00

SHIPPING.

MAILS AkßlVlD.—Duldin, 2 ; Waterford, 1 ; Danaghs-
dee, 1; Guernsey, eke , 1; French, 1; Flanders, 1.
Lt.voure, August 15.—Wind thisday at noon, N.N.W.,
ligh breeze and dull cloudy weather.
PORTSMOUTH, August 14.—The John, from Stockholm to
New York, put in here to-day, very leaky, and will Le

ir wetted.
SWANSEA. August 14.—The Undine, from Wh'tehaven
I to Cardiff, struck on the tail of the Nash Sands this morning,
when she made so much water that she was obliged to make
tor this place, but sack immediate'y she came inside.
LIVERPOOL. August 14 —S.E Arrived. 13th: Salon
Prince. New Orleans. Bail 'd : Andrew Poster, New York.
14th, Mary 11.nnah, A'.ric.• Eu, Colombo: Fame, Rio
Janeiro; Cora Linn. and Albania, New York; Waldron,
Boston; Triumph, Ratites.
Anettrirrwrrit. August 12.—Sailed: Grace, Quebec.
SWANSEA. August 14 —E. S. E. Arrived :
Prince Edward's Island.
CARDIFF, August 11.—Sailed: Kata4kin, New York.
12th : B. C. Bailey, New Y.•rk : Ralph, Singapore.
TOBLLI:AY, August 13.—Sailed: Seat' eer, Newfoltid-
land, atter repairing
SRIDPORT, August 13.—Arrived : Hannah, Quebec.
OFF SEAPORD.—Arrived, 13th : Katherine Jackson, Bal-
timore, for Rotterdam.
YARMOUTH, August 13.—The Elon, from Bremen to
Liverpool, put into this harbour to-day, with loss of sails,
and leaky, and must discharge to repair.
CORK.—Sailed, 12th : Pallas, St. John's, N.B.
DONEGAL—Arrived. 11th: Ann, Quebec.
NEWPORT.— Sailed, 15th : Lara, Newfoundland.
Orr FALMOUTH.—Arrived,loth: Angeligue, Guadeloupe,
for Dunkirk.
FOWEY, August 13.—Arrived: Jane Lawden, Quebec.
EXMOUTH. August 12.—Sailed: Defender, Quebec; Spe-
culator, Restigouehe.
TORBAY, August 13.—Sailed: Ceres, Batavia; British
Empire, Ceylor.
EYE, August 14.—N.E , strong, to S.W., moderate.—
Arrived, 7th: Prince Edward, Quebec. Bth: Elizabeth
Antonio, Amsterdam, for Batavia. 11th: Eliza Bell, St.
Domingo, for Antwerp; Baring Brothers!, Matanzu, fa.
Cronstadt. 13th : Carl Johan, Bahia, for tiddewalla. 14th:
Ada, New York, for Hamburg.

A cabinet council was held yesterday afternoon, at
the Foreign-office. The ministers present were Lord J. Rus-
sell, the Lord Cbaocellor, the Marquis of Lansdowne, the Earl
of Minto, Sir George Grey, Viscount Palmerston, Earl
Grev, the Chancellor of the Exchequer, the Earl of Auck-
land, the Right Hon. H. Labouchere, Lord Campbell, the
Marquis of Cl nricarde, and Viscount Morpeth. The council
sat two hours and a half.
The Chancellor of the Exchequer returned to town
yesterday from the Latimer.

DUKE OP ATHOLL r. GORDON.--RIGHT OF WAT
villtin(in GLEN TlLT.—This case came before the Lord
Wintry (Cuninghame) on Friday, in the shape of an ap
plication for interdict, at the instance of the Duke of Atholl,
to prohibit Mr. Gordon, farmer in Aberdeen, from using the
road through Glen Tilt as • drove road. Counsel baring
been heard, Lord Cuninghame said whether the allegations
of the respondent hero claiming the road in question eba
public chase road, were sufficient to entitle him to an iater ins
interdict, and to deprive the defender of the power of exclu.l-
- parties who had not had a continuous recent possession
of the said road, was just the point in dispute; and he
was inclined very strangly to think that it was rather
to he inferred from the statement of parties, that the pub:ic
had no recent coatinuous possession of the mad in question.
The respondent, however, came forward and asserted his
right to the actual and immediate use of the road ; but at
present he (Lord Cuninghame) doubted whether there were
graunds enough for supporting such a claim ; end upon this
point it was veer important to observe that this claim was
made by the respondent, not as for his own apeciflc benefit,
but for the whole public; so that if interdict were to be re-
fused :to the defender, the effect necessarily must be that
every farmer in the extensive district to which the respondent
belonged would come forward and appropriate the tune
right in regard to the road as that obtained by the
respondent himself. It was extremely doubtful whether
this would be • fair dispenantion of justice, when the
very question as to the existence of the road as a public
right of way was in dependence in another place. He
(Lord Cuninghame) thought that it was probably
not undeserving of consideration in this case, whether the
defender should not have the use of this property while the
other suit was pending; if he wax deprived of this right,
which lie said belonged to him, good and well; but it would
swareely be just to subject him to this damage in the rams-
time, when the merits of the case were to be matter of proof.
The nature of the damage which would he sustained by the
~efender would be such as to subject hint to great loss ; for
it occurred to him (Lord Cuniiigham .) that if the deer wrre
once driven from the spot, it would be exceedingly difficult
to get them to frequent it again ; and, thertl'ore, looking at
the nature of the use to which this property had been turned,
he would not he inclined to involve the defender in so much
damage as would be entailed upon him till it was found, by
a proper judgment in the original case, that the respondents
were entitled to the right which they claimed.