The Express.
London, England, 1850-06-07 00:00:00

THE EXPRESS, FRIDAY EVENING, JUNE 7, 1850.

=uitfor two motharies sad s half, but their ream= for
i were meat fallaitious. The minims at memo of '
the most dietingsished authorities that had ever set ea the
lima in this gauntry, were likewise overrated by the de-
cision et these two courts, and he (lir F. Rely) Mt it
due to himself, to the bar, sad to his right rev. Meat, as
well as to the thousands of peruse who went interared
is the questions inveived, say_ that they had vest
had the justice dose to them to whisk they Wove sodded.
He therefore sew came to nth it at Orr MOW, beads,
sad be would deiell the Ws la as sus is mother in it
wee ter hint. The loomed pentium Iles reeepits.
Ws[lM elossmOonees, already well Mime sMlw te the
peessolselen el the Rev. Mr. Gorham, Ms sumthstion
the Bhthp of Easter, the judgmeat in favour et the
Whop Is the Arles Court, sad the appeal to the
Privy Osauli, whir rushed h the round of
the jedommt of OM Court of Aires. He them
sabuiletet rat the Opel in this matter Whiff ono is whisk
the crane was islooseted, lay hem the Court of Arehes, sot
MVW hada Committee of kit Majesty's Prim Cessdl,
but M the Upper Hem* Conmeatien. Her Medesty
the
midi bad se *hafts hi it. It was admitted Is the
Quoin% Wash ad Ormes Pleas that pechlbitiesu might
Mee ass shot the iodinate of the Privy Council, se that
A Wield as. be usestrary to trouble this court with that part
Of the sew The quoins was whether, in • ems of
Oths nature, the Wee, adto the statutes is Ante-
Imp her crethil or to the:6BU=
lea Of Ossonsaties, sad rat halved the
innvidadre It waser ehige a serer Is whisk the errs WS6es
Tbek l smee mar that the par
W dews to tie mid
maybedle of the vets fif SwF
TI el instituting ele
egrets Orem tre essatty
toil spirituel metre le the leer eilkseo. Rot whys the
osaloweereiss had edema whisk isesimied i the terra.
• rd ram Hasty VIII. wee Wrens of belasidire la sed
from its wits Clatbstiae, he err raid tos
some armless Is wlaw mad rat err of Wogs
lW to the prim of ee ems cf perremat eve
reed to. The Sr of rem was the 24th
6.12, by which it was emparly related that ties wse
the bid, the church ; lad res re statute that
is three *urn alarm of ass, cemprisiag
We Wen be takee Mears VIM. ha ic=tt
divers from Cat Mela sad his whirs wide Are
appeals sherd Ile net to the Cart of Rome, nor
Meg i``a potentate or power wherever, bat to the court
Of the eloYiaaooa, or the court of the bier% mad hem these
lelbiers imp :dal, to the court, do asehhiebsp, whose
=wee to he teal. That was, briar la reties
Me subject oily, bat by the 9 A reties of elds set
Is ens overfly enacted that is ell mitten eireshing the
mown Ole piped sheath lie to the Upper Reese of Convoca-
tion—en the by the Ant stunts an came tes==
sa :
bjest ease appealable from the court et the
to the blimp sad se ea, bat in mansn erashing the crown
the appeals lay to the Home et Careesedea. Mina same
W 25th Homy VIII, e. 19, We *Wee et whir was to extend
the pooriess of the Iris astute hem eke three classes of
tree ready provided, far to all spirited mess whatsoever.
By the first statute the appeal is matters is which the
crown was interested was confined to the three classes of
cites specially runtime& and In these it should, when
the crown was intimated, be to the Upper House of Convo-
cation. Then came the second statute, which extended the
provisions of the first in express terms, and, without any ex-
ception or qualification whatsoever, gave the power of
appeal to the Upper House of Convocation in all
mem spirituel. By the 3rd section of the 25th Henry VIII.,
Me appeals to the Upper House of Convocation, provided
for in the former statute in the three classes of eases said
matrimonial, tetamentary, and tithe at It
which the crown was comerned—were missend to " all
spiritual cues whatsoever," and without say qualificatioe
say sort. That section, therefore comprised and operated
es all cases in which the crown wan interested as well as
those in which the subject alone was concerned, sad indeed
there was no dispute that the section included all spiritual
eases whatsoever, whether touching the crown sr not, and
that it extended the provisions of the first statute to every
description of spiritual case, whether matrimonial, testa-
mentary, or relating to tithes. The two courts to which al -
plication had been made introduced a qualification in reading
the section, and held that, although the second statute ex-
tended the provisions of the first, it did not mean what it
distinctly stated. He would next refer to the various cola-
mentaton upcn this subject from the time of Sir El% ard
Coke, who hoed almost when the statutes were passed, down
to our own tunes, and, unless the opinions of all those
harped and distinguished men were to be heated es a
nullity, the construction which should be put on the
25th Henry VIII., c. 19, was that it extended the mode of
appeal provided by the previous statute in three particular
Wanes of cuss to *very spiritual cue, and to all meters re-
lating to them, es well in those touching the crown as the
subject ; and that was the only reasonable construction to be
put on those statutes. After commenting upon the fifth and
intermediate unions to the ninth, the learned counsel read
extracts from Coke's "Institutes;' confirmatory of his
views. There was a specifio and positive enactment that
is all spiritual matters touching the crown as well as the
subject, the arpeal should be to the upper House of
Convocation. Tau first statute was before the eyes of the
klature of the day when the second was passed. The
Math section urn not repealed, yet the Courts of Queen's
Bench and Common Neu held that it wu. It was in vain
that the opinions of Cube, Comps, Viner, Blackstone, sod
Chitty were referred to for the purpose of showing the con-
struction put upon the statutes. They were all overruled
by those two courts.
Mr. Baron Alderson—lt seems to me it was very proper
to consider the question whether the ninth section referred
to the king personally, or to the king as king.
Bir F. Kelly was very much obliged to his lordship for
having made the suggestion, but he was prepared to consider
that questioo. For the present it might be more convenient
M substitute the word "crown " for king.
Fir. Baron Alderson—By the 7th section the archbishop
mobil become the final judge in his own can, which would
be suet absurd.
Sir F. Kelly was' not all interested in the eonstructies
that might be put on that seethe except so far as it might be GUILDHALL.
consinird as repealing the 9th section. ACCIDSNT on Tat Daaav Dar. Jo/ix Smith appeared
Mr. Baron Alderson had interrupted the learned counsel on his recognizance., to answer the charge of having caused
only because h. thought it right to call attention to what the death of Todd, the vitamin at the Farrabnion.street
was pasting In the mind of this court. It would be most cabstand, on the Derby day. The prisoner was discharged
read that in such matters as the present the archbishop upon the verdict of the Unrest being reported, and Sir Peter
wood be the final judge. Laurie directed 2/. to be given to the widow of the deceased
111 k P. Holly said there was no escaping that construction waterman from the poor-box, the death of the husband
M ik• set• having coma officially under the eogaizance of the ma-
lls. Baron Alderson.—Then it would be an absurdity. &writes.
Sir F. Kelly. —lt looked like an absurdity for BOW-STREET.
thy ous to be judge IS his own case, but the Row AT Sr. MASTIN's HALL.—Josiah John SirTilSOS
text brim gave an appeal from the archbishop was charged by Mr. Robert Seely, bookseller, of 54, Pelee's-
* the Court of Arches. The 4th section gave the power to street, with creating a disturbance at the meeting held yea-
=a from the archbishop to the Court of Delegates, in ear- terday for improving the condition of the labouring closets,
cmes. The object of both statutes was that there of which Lord John Russell was chairman.
should be no manner of appeal to the court of Rome, It appeared from the statement of the complainant that
whether in matters touching the crown or the subject. After the business of the meeting, in accordance with the teems of
commenting at length upon the various sections of both the advertisement, was conducted exclusively by the mem-
statute', the learned gentleman said it a rule to Allow came bees, and after the first resolution was moved, sone persons
COURT OF EXCHEQUER--YEartaDAT. wars granted, he should, with conadence, chullenste hi. at the end of the hall caused a disturbance notwithstanding
amass in Marco. adversaries to point out upon what principle of the repeated resonstrances of tee motile chairman, and Lord
THB GORHAM CASE, law or policy, or upon what rule of vinsteuetion, Ashley ; and the prisoner being the meat active, he found it
II TARTS ma Bleach or Exam it could be said that the three dames touching the crown necessary to give him in charge, some of his 'amounts
rpeci ally provided for Jodie first statute did not come within being "No physical force," which were repeatedly uttered
It lining ►bee• Muni that an application, similar to that the provisions of the second statue, and were not subject to with such violence as to prevent the chairman being heard,
retiontly mule is the Queen's Bench and Common Pima, in appeal to the Upper Home of Convocation whether they and several ladies in alarm were taken into an anti-room in
dee arbisted re of " Gorham v. the Bishop of Exeter," interested the crown or the subject. The question, after a fainting condition, being compelled to leave the hall from
we rest to be submitted for the consideration of this court. all, was very simple. ilappose an act of parliament was the uproar caused by the pris.naer and his friends, with
pared directing all will aces to be tried in the Queen's whom he evidently was this messieg, team crowded long before 10 o'clock by a if they oosonned the subject only, bat Thit prisoner denied hairni:gezuthic"uubiter an. ything but macs-
number of clerical gentlemen (amongst whom wa, is the Exchequer If they concerned the king, able conduct, however excited he might have been, for which
the right rev. menu himself, who occupied a seat would sot that mean that all such actions touching he complained of being locked in • all as a felon, and coo-
ls the jury bes)Dr. Addams, the vainest chillas,and others, Wu king should be brought in the Court of Exchequer ? The eluded by requesting that Lord John Russell, as the chair.
eposeeotip bokagteg to all ass.. Tho karma berm present eau was just as simple. The statute in gouda mantehould be called to give es and that the further
was unambiguous in faterms, and the comminution which Marilig should be adjourned for that purpose.
having sat at 20 minutes before 11 o'clock,
was now suggested had prevailed for pomades, according to George Reynolds, a publisher, stated that an individual,
Sir Fitzroy Kelly, Q.C. (with whom were Mr. Martha the °pianos of the most eminent and learned men. It woo oho= he lthoentood to he Lord liaraowhYi laid hold of him.
Q.C., and Mr. Baddeley said he was instructed to apply to held by thus two courts that the 9th section of the first and after shaking him violently, drove him aside, merely
their lordships for • rule to show cams why a welt of prold- statute ralnand the 3d section off the raid, sad that that because he attempted to move an amendment, several pse-
ud...hook' not be boned to easeogish ex prohibit Sir Her- *Mon was atrengthened by the 4th section. Now, sons selling out to winless by num to persevere in doing so.
here Jessie Fast, judge of the Arehea Coon, and the Arch- aisullial that the 9th "'Ake wee not "Peeled' The prisoner instanced a case is which a person had been
the construction of the 3rd section was perfectly mildly excluded nom • teetotal meeting held at liaclusty,
Wasp of Collief bury, Of either of tam, hose requiring sae clear. By bum
rp -.ration it with the provisions and being given into eutody, brought an action, and ob-
Nem el Exeter to return the personas' of the of the 245 k Henry VIII., a. 12, the object was et no tuned a verdict in his favour. Hie own conduct' through
Revered Outgo Corselius Gorham to the vicarage of appeal whatever should be had to ROMP, bat was provided life bad bees respectable, and his crime on this °cession
Demised-spas in the county of Devon, and hem otherwise that I. mallets spiritual Swabia. tbo King the appeal WU "PI that of rafisit oat " physical fore.."
-.a.... be to the Upper Home of Convocation, and in Mr. y said he had no vindictive feeling to indulge, his
armies isle West a sonata order made by her Majesty metenes tosehlog the at to the courts mentioned. By object being to remove what was evidently a great an-
is this ease Ives the report el the Nadal mounittee of the atb suds. the appeal woo glom from the Court of the wpm,.
bet Majesty'. Privy Council on the 28th of Mara last. It Anthballop to the Court Deleptee. Now nothing meld The prisoner demanded that Mr. Seel would make an
wee „messsuperfluous shit is suseberpfulf Ws duty. be be chewer thew if the tun had wended to repeal the apology for iSjOry.illiSOWS ups him, or he would adopt
Weald iSieffl the .set that h. had already Rod. the .mm 9th a°Bll°.°lths24llt Wall, ,a‘ 19, Ur, would have other Peuuthwalloousrsal
done so hew= Isom ia the statute passed the very year Mr. Hum' end that the complainant had a just
oPPllsolloa io lb° Cis"' Clu"s'a Bes°ll ead Oalla" after. Donkey abloom's agm an. Ir the 9th seed rich d the
0,1 Its tte put an en to disturbance, by taking the steps YMis, end Skit the Wised judges, both these err bed cos spouted, the list sat tok csidsmi wee petrel recta. he We being a clew right to erode persona from the
reseed tbe less
without =.a. oestitlems enable, ad tke abewallig or mirk, suggeasd by Mr. hall. mad It would be pr ad:7g: Amide If be wee justified
enbadtted M them le ha argued, boa upset the SIMS Mona weld he nest. Boallog boll acts of par- in jOMEM pricier in
derma= of disk spires. as le Ike of ears dement averse sad re Wed siren el Ike second set as mr. °Moo" to "Pa" hit= II ash • Nara
sets of perlisesselk rd the espreed prise leader these. heseperseed is the raider ef the eat, would simplify WOOS 00 upset every a rating in any la die Conn of Or em Plea •• lengthier med laboured the mars sad esable moths to gists a fair and reasonable Pat et _die frodw; salads
PriociPle. he
japers hid bees Ward, bat be* erne seasstred le essetrides sad Or to every word of Tall am epos
whim own • reps to lbw ears, shAsiegh lie rider bee Metre. It was dierelere submitted that the Ma- lissa7 sold he walla ono 100 !Impair l° hololl
prelim matudas wee, rote reeler Oro Maw were their= M the Queen's Rasa mid Common Pleas were amble to Pimp on his sot to take himself ha Week ea* lb* Wass was et is as A arsebledly so doehitel and easatidamory, end the queers at Mese was tbe tom or SA, end two maths ,to answer the charge
We Is We or, tsar the err is be Ward. The ear importance, that an opportunity ought to be afforded et the eiesione-
reed= regerer deperal ors the asememera of two to dross it. The not statute rebated to was the let of Mr. Reynolds, who berme ass of the s reties, P-
asse of pedbares %obis' he 'heal* fad his daty to eaLi Illesheth, e. 1, under which all the provisions is the two Sled to We warship for • summer against uLord Haar-
tke of el their hietalta He alsald, however, say MO of Henry VIII were now in fora. It that rowby for an emelt.
es
am
moo vow
the
gemitions
bad
ell.
dissuaiss,
low the dna at Ham ad Edward the of Queen Mr. Henry said he would Mafia his written informatics
at the tar, et if eidiar the owes to lug came to the tacos. upon oath for such a purpose, which at such • late hour
Is
had boss already mato bat Mr. Bar= Platt—Too masa the Roman catholic quoin t could not be accomplished.
dos quakes afar womousas sad de- (A laugh.) The applicant was
_perfectly satisfied, and premlood
aided dot the ettbellita wraiadhosk Is should Sir F. Kelly.-1/ss,• certainly. Is the reign of Q IllutaLlk° next day. HT worship would amide le Olw*
t=ave mistrusesd his gem and the better Mary both die acts of Henry VIII. lied ceased to be in force; with a" "moor &root
sdomentof his loaned
osuabesele99llt uotelledalloolos of Doctors' bat after her death they were revived and riiimeseed by the WORSHIFETRIBT.
err Tema law bar Ist of Elizabeth, a. 1. There wag another opportunity for Aracrous °arr.—Sarah Smith wee pissed se lb.
ripe bo But alN
though llafrressidolow salioshlillbsemelheirbinalaedie- the legislature to repeal the 9th of then* Henry bar for final a' acs, charged with having yeas**
VIII., e. 12, but it wu never repealed, and was sow in es used maliciously thrown a quality of ohm weer Gap.
Ara but la tones of re meat io the full totes es it seer weft It was not an rierght either., for Asst, • wine porter, In g•
youth lama Pacessaa who MAIM haw Cr Wee alarm the
when certain alterether were anode by re NOM of /Eliza- aml Charles Amok Ids son, • youth 17 yrs
loold_..lT my "-a Jug"— lad. TIT.. how dorms hits fight tell. the, wire made k tare, end Vasa was way freaks aired era tkem miens peresed of
ilellgeMber .Yet
pre:timmerbiedie.nhisdialaposeasiabad.rs est= The rest the
14b "Idle. have bmi "Isdhl=
The
Peeteetee' °alms at th. hr.
as lbth wititult a daft uler4lBl. meaptioattteohlot seethes itheteeneealatkval ofseoloath""eurettemigail ere tiSlatiVabert" we
111:85.011.111"614.1.14
bus
read
"az
by
At'
He bad neer to ampler awn es ap
tie tatlirs' lavelviUr gaud." kmt hal"llaue "beak, " "abloom of eallimittr. Ike disibirespireaswa. "el beadegee,"". =itioth.washilliarriew; foritheeethohleatis walwas,akhgAll
sad aas deepest Warne M laswoodo mad ens dies- the leered lodges ad the Queers Boa or Comm nos goon the jOISSOS Helfild, moused sag
sands of her Marty% sal.ele Mg Isis bead sad disposed ha Maim sorgisoo mom pan ripsded, hr way mud he
&bum eigtit ran
wish the
wines,.
bee
is WSW
el ease malty P1e11".8.1.6 41.4 fritirta ell.“4::::111181rain IM'''..opr..=&44l the greatest and toss of losr drushansies and general hod engem, was
of sems three or tsar who la Ile sae mid inset
hawk the nil' was oompelled to sponse hoes her about tlx
Tam slam Be.
Irishman
the
dishisman y seasessigmeiwhaterat.
sod harofiek
ibikeeeatbareedllaal.
epos tharttoota•midial" bye* arralikymarte.
mete dusimmiaanui th. vier twain 9 sad 10 *Week ea the alike of Toothy, the elm of
prommis vitt solithaer• was a* to dial with or, eve rstortid la support of his 4th may. I hoed a Lad Meek at the etre dew, risk
oserlder. The Wert a Qum% 'lf& tom p. SU, tide '`Ocaresadca," Intl- I mat te epeee
thiaTLTPakd son wed
eat," ks coy sub end Vas that loperatod
eausaatator had lived at a time7rlieal hay b00d,611.1 ehe
riser aha desee:ledby
a lOW
/ustles it tke Pesos Plots headed the Main of .rumors aloe ham has aware of the amid dm. ahlasti" luir=reNsibitabedliml had
runwamY. nem nth` `sit had as whisk led to the eseeleasat of the two eitholeavuubleuaalUsrelimy tiquusurruelehaibuay keeliNor
smsp
Ins" messieserdscuslmod* be
iglitalwaseakaillsite thetas/the* tTil:i; "Pllikelde" "44114- bird:lll4W dkehailiClLVTlThuaseghillerligsM at me, sad
" Addimme. •
ONION Isarlehla Caleb, $ rakes Mown* sib pi. nalbsor sal a ow, kiwis umuNil
uss
sou
elk

:ntentgenct.

mall.' of ths Mug," If. P. ;F fed. iliabstme, 66 sad 67 I
3rd. Lord Dyer, 273; Woodimea's Lecture.; Ayllirs
Pampa, title "Appeals,' 66, sail may ober mho&
Ms, slams that Ia thew elsbor the law was
cuss
that is cu la w *a Wag himself woe a party,
in any ecclesiastical appeals did set lie to the Hiss
himself Mash mead be aboard, bat to the Upp.r House of
CemesMiss. TIM pospeelaisa had bola WE dews la ex-
preas tems. sad Wiwi Teas: 'Mesas W way depurate
law II km MI ism to lilt; pet the qualms wen
.et 111661#16 wry re dbmilli lemr. whoa raised wider
She mem el each misint seaway. The Court. el
Oases lima bad sot la /*Mks the rule eves ragweed
So the salheilly relied es la rapport of the applies-
/W. Mt au* Wm& 11. Nadal that the NI
masa two Mt am fa Mos. It meld Is slot
import to suppose ths lamed judges of that wort Mil
ast __hail the ',Mollies to whisk disk Mesas MI
be.. diesetedc bat the reams mimed Me tisk Melia
wen am at all satiefashey. It ma Naiad la Ohs Que.'s
Mash Oat in (lesion am, is the taiga of Ildward VI.,
the SW swam maid ham bee. awed ea if ft was thou is
km. TM Dam view era him of that use is We Om-
ass Phsa, bat it bused oat that that woe a Molly &Seam
was Asa the merit, sad It was the wily woo wrathy of
a feather's weight against the sadmitiss relied
szets7port elgthe If it MA Ma sifted and
ea
Z
apes es Mr rail to Mowssass it would
bo dim& Weft w Mama sat lobs. It was
ail mist ths Natal= of VIII. at all. Goodman
itad, ft appeared bee.appsiated by the Xing to the deanery
of NIA sad Wails, sad, a he bid at the same time socep.tad
saw sadasholleal Mingo. a emphist was made against
his Oat ha had ithisged it eashilealial laws by seining
Ohm Ikatoaso if iligehatlia wasoprommed
leM. aid to that lidlbm Wm WM so appeal, but
apW was est valor the SIMMS of lawny VIII. There
was as bewelMsial asissinha Masi by drose of We Hine's
Mem IWO, by mid& the Siam MBath sad Wells
was Mlle mime the esauelakla to YON late the matter,
sad SIMMS, of Mpideadea was presswased. The Mg
tam
already w
lied motherpines to the Mowry, sa Geed.
app= 1.6.4 thepo Name, as d
to the wart of Isle
Ohs dth sestlea, Nas 11111-
=d. bat
tato to astli osamildea appointed try the Was M
Islas laveselple Se matter. The sea.
Wass was maimed by Limed VI., sad whoa Ma
Rama subs& Mary sun is tot Memo she
sought to imam Cheissa, sad apse his piths sp-
pdMl awilise •OnikieliOL Abe &misted samisin 1
@humanities. sad he (Air F. Kelly) wes alet ears whether 1
Wen was ail am alas la the reiga of ilisabeth Is try We
amass whether Sealisaa had boss properly ileweived er
mw; but was assedideetag the whole et the Organism's's la
theft
toMs awe. II alsorartiglay Mar that was wholly laapplies.
bio
Mr. lam Allis'—Did appeals saw go to Rose after
ths
idert ? Ms of Hem VIII. is eases where the crown was

EQUITY COURT& Y _IITIRDAT.
lamas Tice-Caiuscsatos linear Saws
SALIIOII V. CI:TPA—SOLICITOR AND CUIXT.
Mr. lashes aad Mr. Craig appeared fur the tratiaff, who,
kg.. bill, aracht to set elide a ale to the de t, Jobe
his eiese of a larm I. Boaz. The bob sad
II ta kmillsiouly fun the jedgmost.
ICITioe-MmeeeMor sue judgmeet so follows:—Is 1846,
the plalatiff, this Is the flat year of his age, sad hie two
brothers who was of rip, were esiz.d In fee of loaded pro.
party th Briss.‘2o to as mate, which, wider their
asides wm inemese said the plaintiff's majo-
rity. Mr. Ilahmes had boom hod a farmer, sad was at
the time (thumb • miser), is mospaties, es his owe
await, of part of the , olVek was called
Belmon's and whisk is LIIIPP7ou est of the Mont salt.
The defendant, Jobs Cum was a seighbootriag Wormy of
dasidisable fortune, oilseed/6 sad esperlasee, in whose ser-
dee owe of the plaintire brothers wesl=l, we bed lived,
ere bailiff. A portion of Mr. Cutts' ad-
joked a detached of Salem's lane. "Zi.rtibetio
was outplayed by tratldritee brothers to pmt their_mopeity
up
be solo by settles. He useedlogly kmbsebei as ass
poseer, prepared or settled the publish"' and auktiosa,
Seed nustiosod in them
the toes
of thempuma' ~was
to. It woo plain cm the tam of that le
W veader'o *stoney. They contained so latimatios of
the minority. The audios took plus : all the lots were
mkt, aad the esles km ben, I nadentaad, all completed
assoot so to the let oeselethwel Bilmoa's farm, for which
me Ise thwe were several Whin, iseleding Kr. Cutts,
who attesded aid was a hider speedy is penes. Be was
the lost, and was dedered the bed bidder sad per-
dur. Tr• asetissoor dyed tie wad, or some
doesaunt. Oso of the ossaidoss required as ha-
Modiste deposit of 10 pa mat M the purchase mosey,
bat this as to the lot la quatios woe sot attended to. The
purchase (of which the Saladf was immediate)y, that is,
in 1845, aware), hoe war bees completed. Mr. Cutts,
who was a purchaser ea hie owe Gellennt, obtained pooleadcm,
partly by kimaeU sad partly by a mat, sad has ever since
hoes is -The prism at *high it woe bucked
down to ItiritoftBeeth as sin-sevenths in value, was very
Yak, If serials. more. according to my calculation on the
milieu" Wean me. The auction took plate in June, and
the plaintiff set hulas Maisel kis majority till November
bilowiag, them was sot, of emu, 'see I. thou soy us-
Mat betues the parties, calm by mesas of the plagatife
malopeost moil mattes (If say). But the plaintiff, la the
Inarrtral between the cad of 11145 and the Slice of the bill
ils 1848, reseived teem Mr. Oates at widow times send name
• little exemeliss 2001 (fermis. together men this eme-
lt.* ra the plaistifo Aare of the perdue, room of the
let), ma acoreat rapresoly of that SRAM sad otherwise ex-
hibited impute of acquiesommte la du sale. I was
me this ground, sad am of opinion that the bill
was filed too late, and might to be disatiosed—
mustially as there seemed and swig to me nothior to pre-
seat the plaintiff from recovering the pissessies of his share
of the farm in ejectment or from defending himself at law
agaiset us action upon the contract. The most, perhaps the
msly, material question is as to the costs. It hoe been ably,
use 'with cessioerable force and pl ,usibility argued, that the
Weediest ought to have his costa, especially as it was con-
tended end, perhaps, correctly, that the bill codeine 's-
ounded and some wievly worse statements, and imputes
fraud to an extent and in a manner which (if there was in
say sense fraud) the evidence does not sustain. Certainly
the complexion of some, atllet, of the allegations of the
bill—the thick and heavy volume and the fearful bulk, to
whisk b such allegations and otherwise the evidence has
bees swollen—the number of *sues which, without necessity,
at with doubtful necessity, the plaintiff has raised sad has
set wholly or partially suceeded in justifying—the circum-
stance that the plated, wished aad his brothers certainly
wished to sell the feria and do probably intend to sell it. The
'moodiness of the differ's." in pries which may be expected
to be obtained from the resale of the farm—the difficulty
or isepoesibility wider which (as Mr. James Parker well
did), the nature of the charges plsce a professional
mm as to comprossidog the snit :—and the questionable im-
portance, the very doubtful utility to the plaintiff (even had I
ausieuence not lieu established) of beaming a plaintiff in
equity at all—all these consideration, aotwitbstsnding the
des of Mon'esquien v. Sandy. (a decision by no less eminent
• puma than L ird Eldon) make the present a strong in-
itiate, if Mr. Cutts is sot to have his costa. Neverthe:we I
tkiak it right to refuse them to kiss, and not merely on the
authority of Montesquieu v. Saudis. If an screw in the
*vestry, of standing experience and lathiest", will set such
an example to the younger members of his profession, and
exhibit ouch a spectacle to the worlu, as buying. property
which he is employed to sell—of 89 dealing (tope •=aly in the
ease of client, who is a youth, in the position of a small
farmer) to say nothing of putting up an infant's landerkestate
foe sale by auction, and that without apprising the public of
the fact of his minority ;—such an attorney must not
be overpowered with surprise or expect to meet
as exuberance of sympathy if he shall find
his motives aad conduct harshly convened and roughly
described. His proceedings, bewever, I agree, cannot jus-
tly
oppressive litigation, and above all cannot excuse untrue
assertion. But in casts of this nature there is a public as
well as a private interest to be considered. Mr. Cutts is a
member of an impor ant profeinion, pieties him not merely
in the position of a private man. Sciety has conferred pri-
vileges upon him. To that society he owes as example he
owes duties, he must acknowledge obligations, shied a
merely private person does not; and although disapproving
of much that I see before me on the part of the plaintiff, and
doubting very much whether the suit has not originated less
on the pleionflls spontaneous views than in the suggestions
of another person, who might, with equal credit to himself,
have been lees communicative, and recollected more tam
folly what is thought of him who betrays confidence
even by those for whom it is betrayed I *amides
it to be due to this great probesion aad the
public interests as wall as the Ovate rights of the two pre-
"est litigants, to say that a member of the legal body who
has acted ea Mr. Cutts admits himself to have done, shall
not be indemnified by his client to, the expenses even of such
a litigation as this. Let the bill be dismissed without costs ;
and let it not be understood that I have intimated any
opinion what I might have done with this cause had it
been commented two years earlier, or hal Mr. Cutts ob-
tained a convoyaate from the plaintiff.

-lirF. Holly tentolondad not, most certainly.
Mr. Boron Alden's—Then these statutes applied only in
ones in which appeals lay to the court of Rome ?
Sir F. Kelly assented, and said that appeals from daisies.
order oomatiesioss inch as he had refined to, were not
carried to Rome. The tionsmission tented by Edward VI.
was under his authority, as supreme head of the church.
Under all the einumstancos, it wee nibuitted that justice,
wee fairly meted out by miming to gnat a rule to show
usu. It should have been granted, not because the appli-
cant was a bishop, for the humblest man in the land felt ea
interest in the question, and had a right, at all events, to
have it diamond and ully determined. Cittamentieg upon
the judgment of Lard Chief Jude@ Wilde, the learned
counsel said he war 'pony he mild not then
speak of it with the respect to which the judges
albs Court of Common Pleas were entitled, but he would
chitin*, any learned friend of his who miicht appear to
show cause against the rule If granted to prove that a dif-
ferent construction from that which he contended for scald
be put upon the two statutes be had adverted to, and upon
which the whole question turned.
The Lord Chiet Baron asked whether during the period
of 300 years referred to there had been any appeal under
these statutes to the Upper House of Convocation. It
should be shown either that no such case existed, or that
then VIM some misapprehension on the subject for upwards
of 300 years.
Sir F. Kelly said there were only Ave cases on the subject
from 1533 down to the present time.
The Lord Chief Baron—'Tie strange that there should
never have been a question on the subject.
Sir F. Kelly mid there was no trace of say.
The Lord Chief Baron said be had asked the question
merely because it was made the subject of comment in the
Court of Common Pleas, and thicking that sines then some
treat light might have been thrown on the subject. -
Sir F. Kelly said the cases he had referred to, except
Goodman's, which he hoped he had disposed of, oceanic!
is this ostler. The first in 1677, second in 1696, third in
1695, fourth in 1697, and the fifth in 1792. These were toe
only ecclesiastical appeals in which the King was concerned,
and the appeals had been made to the delegates or to the
Upper House of Convocation. There was no true
of any other similar case for a period of 144
years after those acts of parliament were pared.
There was no question the induction of the Rev.
Mr. Gorham, as toe presentee of the crown, was a
matter is which the Queen was concerned. After referring
to the case of " Hilton s. Lord Grenville," and further CM•
routing upon the judgment of Sir Thomas Wilde. the
lensed counsel concluded his motion, which occupied five
hours and Sy, minutes by calling on the court to grant the
rule, and enable the right rev. applicant to have the ques-
tion finally determined.
The court under the circumstances considered it necessary
to take time to consider.
Judgment was i.ccordingly deferred.

rite New; mune&
The Tico-Chaseellor said that he had received s commu-
nication from the Master of the Rolls, proposing that, in
cases of claims filed under the new orders, the causes Mould
be net down on the registrar being sainfi•ci that the RUE-
nom had been served and that the time for showing cause
bad expired, and should be heard as short cause, subject to
being removed into the general came list it it appeared when
they came on that they were not proper to be short
maws. His !Imola said his should adopt this proposed
swam of practise.