The Express.
London, England, 1850-05-28 00:00:00

Ike. wit fa being or ensulag," :and It Is added, " Se* the
cast Itself " Inch Is the only passage to be found, and it
will be observed that the author has never at all referred to
the statute upon which the question solely depended, I.
25tk Hoary VIII. He utentioas the 24th Henry VIII. In-
set/irately by stating that the appeal to the Convocation
must be made in fifteen days, bat remarks are co. deed
' to the appeal to the Convocation In do causes mentioned in
the statutes of the 94th Henry VIII , of which causes this is
not one. If all sonsideratioas of the 25th Henry VIII. are
excluded, of ~se no doubt exists in regard to the cause,
mentioned in the 94th Henry. The principal authorities
presented to the noun upon the application for this role
hare now been referred to, and upon • deliberate review of
them no one refers to or is founded upon any judicial deal-
sion or dictum, nor do they appear to be the result of an
examlnatio t of the effect or construction of the two ma
eerie' statutes in connection; 'but, as before stated, some
of them morel, give the thecae; of each of the statutes, and
others state the effect of a provision is one of the 'tattles a
though it was the result of the provisions of both. They
cannot therefore properly have any effect in coatrolling a
construction which appears to us to be warranted
by the language of the suture of the 25th Henry VIII., and
to be supported by and consonant with a course of construc-
tion and practice beginning in the reign of Queen Elisabeth
(a comparatively recant period after the eats of parliament in
question came into operation), and continued in 1812, that
traria, having occurred before several judge, of great emi.
nenee, and being unopposed by a single instance consistent
with the opposite coustruction or a single judicial dictum,
and it does not appear that any book of practice or forms
relating to appeals contain any form or direction applicable
to the prosecution of an appeal uglier these statutes to the
convocation. In determining upon the present application
nit have attentively considered the circumstances under
which it comes bettors us. The litigant parties have con-
curred in prosecuting the appeal to the Judicial Committee,
and altar • decision has been come to en objection is fsr the
first time made upon the ground of want of jurisdiction in
the tribunal. The rase was elaborately moved before the
Court of Queen's Bench, that court has pronounced a de-
liberate judgment upon the construction of the statutes, and
the applicant has since exercised his undoubted tight of
making a similar application to this court, and when so doing
the learned counsel who made dol. motion brought before us
all the authorities that there is any reason to suppose have
any bearing upon the subject, and the Court of Queen's
Bench having stated that there were several instances of ap-
peals to the delegates, founded upon the construction adopted
by that court, nothing was presented to us during the argu-
ments in support of the epplicati in tending to create any
doubt of the accuracy of that statement, although we cannot
bat suppose that due investigation was made as to the
fact of such butanes having oeturred, and of their appli-
cability to the ease; we have informed ourselves of the
particulars of those eases as before detailed, and, further,
no appeal bag been discovered to have been made
to the convocation. Under these circumstances we have
every reason to conclude that further discussion wi I
not tereish additional informstion or light upon the subject;
and passing by any other got stion to which the application
might be subject, and founiliog our decision simply on the
construction of these particular ancient statutes as supported
by the usage in the only instances of appeals in matters
touching the crown known to have occurred since they
passed, we think that it would not be consistent with the duo
discharge of our duty, but would only tend to prolong an
%reins litigation, to grant any rule. The late appeal in the
else of the duchy of Lancaster has not been enumerated
among the instances of app:ale conformable to the cocatrut-
tion of the statutes adopted by the court, Decade it has
occurred tons that if the question was, in which of two
rights the crown was intitlid to the gut:jet...matter of the
subject, the litigation may not have been ca that contentious
character which would render the east an authority in sup-
port of the jurisdiction to which appeal Was then made.
The judinsent of the court, thereon., is, that there be so
Tula in this ewe—Earle refused.

COURT OF BANKRUPTCY.-YESTELDAY.
RESIONATION OF Ma. Comtism: ma SILEPMEILD.

For months put there have beeaTUl;3U; of the resign *-
Con, actual or cont.implred, of this leaned Commissioner,
some of which have prematurely found their way into the
public prints. We are now enabled to state, on authority,
that the resignation of Mr. Commissioner Shepherd has been
made, and accepted by the Lord Chanc.llor. Pursuant to
the provisions of the new act, the veclncy will not be filled
up; and the number of courts and cvnmieviouers will be
reduced to five. The only site, &flop., in the mode of con.
ducting the business of the 'outs, consequent on this resig-
na•ion, will be the followirg : —The eases already opened as
befcre Mr. COMMig.I4,IIII. Saeyberd will be disposed of by
the other five comm's•ionen aceur !tog to the plan laid down
some months ago, and announced at the tame in the Ex-
press, whereby the 01/111 were referred to the other
courts, according hi the letters of the alphabet.
Tilers will, cf course, be no futth.r petitions ballotted to this
court; and Mr. Graham, the eureivio; official mitring), will
be transferred either to the court el Mr. Commissioner

Gou:burn or to that of Mr. Camenissioner Foablanque. 'l7
Cooper, who has hithero acted so tim &anger in Mr. Coin-
' :Maslow Shepherd's court, has been appointed to the same
office in the court of Mr. C r Evans, where a
vacancy had occurred by the death cf Mr. Atkinson. Mr.
Winslow, the reaistrar, it is thought, will be transferred to
Mr. Commissioner Goulburts's court in the irmnt of Mr.
Campbell, the present registrar in that court, being appointed
chief registrar; that offi:e beir z now vacant, and no provi-
si m being made for iv extinc.ion. These latter app int
menta resting with the Lord Chanc.ller, cannot, of course,
be minis for some time.