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

£aU inttliteenct.

COMA' OF tv

BENCIL-YrnIIRDAT.

lemma In Ilasok.

Tel Quay t% itis finis JOKKISMO*IIIS.
lewd Campbell delivered Judgment= this awe, whisk bad
bees argued Woes Mr. Justice Ede aad himself. The
peatices was whether the ammiseimaste ha bound, pre-
vi a* to giving their award for Um esmametation ef tithe
is sae al the parithes is York, to deterinia• • qeeetises
harem the vicar and fuses, ,ae to whisk was estitled to
tithes of Until= potatoes, and agiammit is the pariah,
whilst the proceedisiis for commutation were is progrese,
as to whether the tithes were dee, aid, U so, to
whom. The
tenuaksimmers deeded the former tteestioe, t declined to
degrease the latter. They bad airaft a deb award mark,
la which nay estimated toe rent sharps is respect of the'
tithes. at a distinct aunt and proposed to state that the
recta's lessee wee the party is poratedoe, and, therefore,
entitled to the rat there, leaving du vicar, skald he he
so advised. to litigate th questioe of gt with the
rector. It was contended am the part of the vicar that
the eammimioaers were band, unuer the 6 & 7 Wm. IV.,
C. il, a. ti. to determine the point before g= ahsir
award. There wee in tte statute no express d
pliable to suck a ease, and the section referred to dt
not apply, am there was no suit reeding at the time erken
the Set wee had, see any question raised se to
exemption modes or composition. The view was
00aflaed to showing that there existed a differame,wherehy
O. making of the award might be =canted. tam-
missioners contended that the was not such a dilemma,
sad that they were only Wend be decide a questions nada
to the liability to the rat charge ; the diaereses between
the vicar and rector not brine such I. to hinder them from
Waking their award. Had the award beat soselseive of the
fact, that the right to the tithe was in the rector, the court
would hate °moldered than bound to decide the gustiest.
Bat as the law stood the title to the tithe remained
as before limo the tithes were held to be due,
and that the rector's losses was in possession of
them, and du statement is the used that the
redoes lessee was in possession, neither affected the title,
nor would be wneusive es to the right. There was
notice gist the right wee is dispute, and the party claiming
might try tte question. Teets would be no difficulty
bare, ea there was a separate • .ard as to their particular
tithes. The whole langusga of the statute showing that it
yea the intention of it. mamas that the commissioners
should diddle disputes between the landowner and tithe
sweet, Itaviag d spates as to the title to the ti hie to be die.
posed of by the ordinary tribunals The dispute in this
ease did not birder tbe commoacieers from making their
award. and judgment stud therefore be for the dela/lents.
Tax Civics e. yes DILION MID CH•PTIBIL or CHISTiII
Lord Camel,. U also delivered johns= in this ease. The
importance of the question involved in the ease lied imetheed
the court to take time to consider ; and after 'mustily re-
ferring to the authorities cited on the argument, it was dis-
posed to adhere to the otinion which it had then Jed.
elated, as to the safLiency of the return to the =endues.
It was alleged in the madames that lane Joseph
Heaphrys had been admitted a chorister, lay clerk, and
=hire man in the cathedral of Chester—that he had since
!..famed the duties of his cffice—that that office
war a freehold, and entitled the incumbent to a
a= for the comity, and that the dean and chapter had
without &initiate ease removed him from it. The man
dues then commanded the demo and chapter to restore
Haniphiye to the (Mew, of which he had been deprived.
• return to the mandamus bad ham put in, in which return
were INK out the founds•ion by Henry VIII., the letters pa-
lest by which the office was crested, aced the atatutes by
which the geestioa was to be 'overlad. By the statutes the
power of expelling ay officer was °aimed upon the dean
and diver. A vi-iter was named, sad care wee taken
that, whether celled upon or not by the den
cad chspter, the bithop, who was appointed Mater,
should visit the shank the in three years. The bishop was
authorised to exercise eery p wee appertaining to the oda
of visitor, soungst which was the power to iatertogate the
dean as to any minds. ham or cameo, and to cornet the
FM* seconding to their character and extent. The retsn
the,. set forth that the choristers were appointed and regu-
lated eider the statutes; thst, at the time of Hasphrys'
removal, Dr. Sumner was Shiba of Chester, and
Waite/ of the dada ; and that, if Hamphry's
had any proud of couriaint, he might have ap.
to the visitor, which be had omitted to do.
ite:lttdis return there was a demurrer, sad, In support of the
tkemerrer. it was contended that the cut should bring by
ma..daist. the q•evtion of removal under the soguisseee of
• Mort of law, aithough the as hairy of the Miter was not
&skid. The best objection wade to the return was that
there had been se ass- tion by the dun and chapter, and
that after emotion the visitor bad so jurisdiction. But it
airtaialy would be rather singular if the visitor bed ne
power to inquire whether his subordinates had
prop. rly exercised their 'lathed, under the statutes.
Appleteed'• ease weave authority to show that emotion did
met deprive the visit ref jurisdiction, and that so long as his
bad clue continued this court could not interfere. It was
au urea that is this an the visitor's powers of Tisdale*
arm l.mited, and that his jurisdiction had not been shown.
But the court delight that there was no around for this
objection, being at *vision that the bishop was ap-
vomited epees= Miter, to see that the statutes were
enforced, and to exercise all the powers of a
Visitor, which powers were well known to the law.
Oas of three powers was to restore a party, a applicetioe,
to as other of width he had been waeldelly deprived. It
was no hawser, that the return should state the offence
for which the removal had been made. Should there be a
case in which the visitor bad no jurisdiction, it woad be fur
the party interested to brine it before the court. Nor was
there arythieg in the distinction endeavoured to be drawn
between sprites' and eleemosynary foundations, when
a ar dal visitor was appointed by the Crown.
It arm said that the =flee was a freehold
sae; but Hamptrys, when he accepted it, took it
subject to the condition of any difference respeciag its
retention bei.ig a matter to be jaded of by the visitor and
not by a court of law. It was lastly urged that he was not
booed to spul to the visitor, although it was competent for
him to do so. Bat Applefora's case was decisive to the eon.
Vary of this. The judgment of the court must therefore be
foe the defendants.

Judgment for the defeadunto.
COURT OF EXCHEQUER--YzanneDAy.
stremos IX 3*ecO.
CArIPIDIERZ r Lox° AND AIIOTIMIL—ALLZOID
LitiLL --Tua “MoILNINO PPM"

This was an action to recover compensation in damages '
from the registered prapricors of the Morning Post, for an
alleged libel published in that journal on the APIs of
Febretry lass. The detrndant pleaded not guilty, and also
a plea of justification, which was specially demurred to.
Mr. Pearson now appeared to support the demurrer.
Amongst otbm, the causes of demurrer assigned were that
the plea t'. id not set out the facts and et urges relied on with
aufflcisnt certain,. Toe libel consisted of a long
eyrie% from a pamphlet published at Parie by one
Adolphe Chesil, aid ex estively circulated in that '
city. The plaintiff was • Frenchman, and formerly
prefect of police in the Irscsh metropolis. The
libel complained of charged him with being habitually
diesolute, and associating with swindlers and other bad
characters • that, baring been mainly instrumental in
bringing about the French revolution in 11548, he had been
able to collect a large Slim of money in aid of the distressed
PON., wad that he had appropriated it to hie owe nee.
That he had also procured large sums of money by nego-
tiating Bills of Exchange, which were dishonoured on
arriving at maturity. There were various other charms of
• political Trun,. occupying altogether more than • column
of the Morning Post. Toe objections to the plea
were that it did not disclose the names of the
had characters with whom it alleged the plaintiff had
been in the habit of associating, and it did not particularly
describe the various other acts with which he was charged so
as to enable It:in to rebut the statements made in the plea.
The plaietiff's only object was to eradicate his character, as
he was now resident in E tgland, and about to miablialt him-
melt here ean merchant.

The Lord Chief Baron said an application might have been
made by the plaintid at chambers fur a ball of particulars.
The pies as it stood was sufficient, end evidently sontained
matter enough to guide the plaintiff in his answer to it.
Mr. Atherton supported the rale. His client was not
only ready but desirows to join issue on the plea which was
intended to be Minable. Ti. position of the parties and the
nature of the alleged libel werspecaliar, but the defendant
thought he had given the plaintiff quitasufficieut Information
to enable ►im to defend ins charaettr. The defendant was
anxious to go to trial on the issue raised by the justiticauon.
The Lop! Chief Baron said if the plaintiff's only desire
was to vindicate his character he had much better make
some arrangement to have the muse tried as soon as possible
Mr. Pearson said his client most left the automation of
having appropriated the monies collected for the ',lief of
the Pelee to his own as., also the charges of haring moo-
Mated with swindlers and obtaining money under false
preforms. Thom were wet serioas charges, and eslem-
lated alit only to hold hie character up to ridicule, but to
damage it considerably. He was, therefore, anxious to altar

The Lord Chief Baron said there was so rule in pleading
better understood thee Met of " certainty." The court
would sot distincui‘h the charges which were alleged to be
et • political 'Attue froze the.* which were not; but 0 there
was • libel, it must be aniseed distinctly sad particu-
larly.
Mr. Pearson disclaimed any wish to rely upon tbe pare
Seekstaalitiee of special pleading. Here the thugs' jumbled
mete sot only seriou, but of • large character, and se&
Wiest instances 011 f then ought to have been set out on the
Len of the plea Itself, so that the plaintiff might be enabled
Ss disprove that.
The apart animated their opinion that the plea ought to
tie Ilfseatled, but if the learned mussel for the defendant
tlteuskt he could support it es it stood, he sight peeled
with his argument
Mr. Atherton preferred emending the plea. If his learned
Mead scald state the shames os which information was re.
gaited, •U that the deteadaat was in poseession of should be
supplied as soon as possible.
After mese further dieturros, liberty to mend the plea
was vested. Tie Tense Is be snaked is Middlesex.

CAUSSIDIIII/ V. L&WSOII.—ALLIORD
Tea " Tams."
This woe • similar beim by the seneteeplaiatilf realest the
Team is addition to tie libel seer shed of la the last
sass, these ears some essraseats Mes
published
la shot teasel, orbleit were oleo roiled ea es • ground of
sesbeasa:iszle swim SIM ludas Wesasideratios of the
seat al demurer te the plea, as is dis OM abort
MPS

)Ira Poise* 44, euggeslse that the sane direetbre
shoed be Om is bee were similar.
The deisedsig 'Mel be =IL reek owl Uwe wield
M mask Whim lb.. is 4. sr, asi is Mold M Sbo

sittings shoe the potent gam, as the vomit met is Mid-
brised.therefore, the court would slump We
en Lynam
Mr Sarum Platt—Both then trims were titled two
newspapers for the 0111110 idontkal libel. If the plaintiff's
only object we. to vindicate his &waiter, yenta net
one se ion sulks ? Why mot premed against the noses
Mr. Peeves said the libel emplaned at im the Mks
*saint the Tines mem larger, and sullied additional
matter.
Is mee sit
s. insposi list No &thalami &mid
hare liberty te nand In On, awl &al the name should
be etaagon to Serrey.—mot sesseandtr.
• Plus AZ Ovarran..-11mman Ilm UMW Para MIS •

Limes Cheneso
Youths v. Warros•—• " Roalialla4teWir CAM
Tine was as sedan in ee name gempeasatiel ffie
damage dose to a hone od pkaseem, amegb the elaga
negligence of the defendant, who *Mad cot guilty, sold
that it injury was sustained, it was throwsk the eareltmems
of the I sink& themselves. Mr. II Chambers and
Mr. Davison were for the plantain ; the deiniamt mendeseed
kis owe ease.
The Weeps to • elms of actions popularly termed in
the omens maning-down sawn. The foots lay in a small
compass, the ease baths Ia no way remarkable, except for the
man than eedinary miasmal= d the evidences pro and eon
(the emend amaeteristle, by lb. bye, of evidence in this
elms or eases), and for south little exhibitions of okaraster
whisk afforded cosaiderable essusesueet, sad relieved the
&glass of a very dry ewes list. The plaintiffs an tredes-
mmesaying on bosses is Totesshaaaeoartresd as candle
masses end the °we're of the injured hone and vehicle.
Os the la ef April last, Mr. Clement Morgan, sccompa-
nieff by amass, while driving alone the Knightsbridge read,
Zrthe site of the Climes collection, was run into by
efendant's horse and cart. Mr. Morgan and the is..
IMO throws out, and the horse ran off in the dinetlon of
Pi cadilly, where it was stopped, after doing some damage to
BO itinerant organist and other Injuries, Including 161.
worth to itself and 61. to the phut-ea. It appeared from
the statement of the case that the present defendant had
brought an anion in the county court against the Messrs
Morgan, foe injuriei which the horse and cart had received
from the accident in question. The latter, however, obtained
• decision in their favour.
The principal witness br the plaintiffs, the coachman to
Mr. Leaky the comedic, and a nice study in broad
moody, who was Oriole,/ his mistress to Mira at the time
She aseident, spoke fleet se to his own experience is
asselseladp, describing hisseelf as having bees • twenty-
Ave yews upon the stalest" and with respect to the de-
feadast, whom be characterised as " a cow-headed vaga-
bond, deposed most positively to the fact that the dellendent
was drivin" on the wrong side of the road, whisk, according
to the wall-known paradox, is the right side of the way.
This and the other witnesees, who also positively attributed
the accident to the defendant being on the wrong side of the
rood, stated the plaintiffs' speed at the rate of about eight
miles an hour. The description of the position of Mr. Nor-
ma and his am on the rood when throwa oat was eorrobora
live of this view of the ease. It was also alleged that the
defendant was intoxicated at the time, and in proof it was
stated that the police refused to entertain a charge preferred
by him age net ldr. Morgan for that reason.
On the other hand, the defendant called several witnesses,
who as positively asserted that be was driving on the sight,
i. to. the proper side of the way, and that the plaintiff was
himself on the wrong side.
A young man who witnessed the accident said the plain-
tiff was driving at from 12 to 16 mike an hour. If he had
kept in the rai k of the t' busses" the accident could not
ken occurred, but as he was endeavouring to get ahead of
them he come in collision with the defendant. He could not
toll who fell out first, for he could not say who was master
and who groom, as they were both dressed alike. (Laughter.)
Cress-examined by Mr. Chamben—What are you?
Witness—l keep stables foe my meter.
Counsel—What is be ?
Witnese—A matleman.
Conasel—You keep stables for a gentleman! Pray what
is he?

iiiitaws— He's a Modependent gentleman.
Compel—Whore ?
Witates—Why wot has that got to do with this here
business k

Counsel—Ob. yeti must tell ne.
Witsees-1 did not come here to tell you about my mu•
tee's biologist. I don't 'oppose when Igo home at night that
111 Gad that any body has dose my business for me. Well,
thee, he lives at lisightsbeWire.
Counsel—What does he keep in his etab:e ?
Witame—Why a oh.
Counsel—Oh, the independent gentleman who keeps a
stable at Sniehtsbridge is a cabman . (Laughter) And
what, may I AA, were you doing when this happened ?
Witnets—l was a enjoying of myself.
Counsel—How ?
_ _ .

iiiinless----114lOrd, am I bound to annrin the question ?
The learned judge—Oh, I see no harm in it.
Wan, as—Well taut, if you most know every thing, I
was smok.i.g my pipe and takinz • pot o' porter, and I
think it was a very proper and binnomat way for • poor
man to enjoy himelf. (Laughter.)
The next witness, who appeared in the undress auroras
of the rah's', from his deportment and great loquacity under
arose examination, afforded much merriment, and might
have taken part as one of the original dramatis penottr in
the old I•ree of " H. Lit* Below Stain."

M►. Chashers—What are you ?
Witaess—Pad groom to Lard Newport.
Mr. Chambers—What is a pad grocro ?
Wanes (with great surprise at the want of stable know-
ledgel—Why, it you knowed anything of elms, a pad
groom's to take the oases to the country sad to help to take
etre of the eases in stables.

Mr. Chambers—Oh, I see you are a stable helper to Lord
Newpuet.
Witness—l ass now pad groom to the Earl of Bradford.
Mr. Chambers—When do you live?
Witness (with dignitri—ln Beigrave•rquarc. (Laughter.)
Mr. Chambers—And may I take the liberty to ask what
you revive for your services, and how you are paid ?
Witness—Certainly not. (Laughter) What business has
anybody what I get? I receive my salary by the week.
(Laughter.)
Mr. Chambers—Hew long have you been in my Lord
Bradford's envier ?

With. es—A we. or a fortnight. (With great nonchalence)
I wu in N•wport's at the time. (Roars of laughter, in
which the mutt and har joined heartily.)
Mr. Chambers—When Joe were be'nre the county court,
did ion say that you were in Lord Newport's service ?
Witness—Oh, must certainly not; I would not tell them
anything about it, and I don't mean to tell you either. Bun-
nese is 'minus, my Lord (Laughter.)
Mr. Chambers—You sre

what's the use of asking ? I ham what I
ham. ( Laughter. )
Mr. Cnambers—l want to know what you were with Lord
Newport ?
Witness—Perhaps I was his master. (Liusibter.)
Mr. Chambers—Did Newport discharge you f—Or perhaps
you discharged Newport ?
Witness—Tnat is not a proper qurstiln to ark me. What
ham it to do with the accident ? (Doggedly.) That is all
you shall know about me.
To the remaining personal queries of the learned counsel
the witness answered not, and he retired from the box with
string masks of disgust impressed on his couutenanee. A
female, who was in the cart for two hews prior to the mei-
' dent, delivering clothes which had come from a laundress,
stated that she had not nu the defendant drinking during
that time; and another witness was called to give " tonne-
I ?onions.'" evidence to rebut the allegation of intoxication.
Re described the defendant, when excited by anything, a.
in the habit of hollering and a throwing of his arms ab
most vehemently, as if iatuaticated."
Mr. Chambers replied by a very humouring comment on
the whole evidence, and the learned Judge having summed
up with his wonted dioramas and impartiality,
The jury returned a verdict for the plaintiff—damages
201 , at the same time recommending that the plaintiff,
should deal leniently wit► respect to the damages, as the de.
leudant was a poor man.
Mr. Chambers, on the part of the plaintiffs, intimated that
the recommendation should be attended to. At the tame
time, sad as the ease was now over, he begged to state that the
plaintiff. had offered to abandon these ptoceedings if the de-
fendant would acknowledge that he was in the wrong, and
make an apology, but he refund to do so.

Um,. on the oppllcsdas of the assiasem or of a emdttor,"
and vecrodly, because it wee isommitteut with the old and
reenenised maniples that a debtor should be la meratioa et
die salt of two piteous for the same debt, which the bank.
rapt would be if imprisomed by the assignee, me trustees for
all the creditors, and sp•is by use of the ere-
dime for yams such wires' were trustees. The
lammed commissionst had carefully ossoliwood both these
*bowies% sad was of *slow - Own woo so
weight Is abbot el them. With mows oil obs ins ewe.
dos, the wart waif *ale thel loSo wwwakog dm
date was that Om sort minitolissEued so Alibi, op.
plied for it. Awl 11011111116•00, ellisol sf
enactomat bobs puldshesent gibe .padlasuus atagg
have intended that all who Mould ass it 116=lieiat
mudeltsisat should NO tithe, W* thatithe,MOM
for so mil could arim from the rawasabb ea;
valley. If the mart Were to Said it would lay
Hear *lPes to fraudulent devices, *molt the guilty
might mem& ,Assiiinies, under the mob lw which they
were now elected, night he in (sagas with slaskrupt, and
is amok cues thoy would imasedistoly sok teethe certificate
to provost othem from obtaining it, then West Inn not to
um it, sad tits the eads of public justice yawls delisted.
It wosid be a most clsogorous iaterprotatlas *I Ye new law
to axposs lit° sash evasion,. Oa the other head, so mil-
thief could arias from the Sons of a :loathes sera tlestes,•
for all maid lead to but one imprisonment, did that would
cease when the court was of opinion It should cask A
&woad osrtilicata to the ladividual creditor man, tlaorofore,
be pasted.