The Sun.
London, England, 1849-01-15 00:00:00

ATTORNEY•GENERAL V. WILSON.

This case came before the Court upon appeal from
the decision of the Vice-Chancellor of England. Our
readers will dont), less recollect that some time since the
case was argued for a great many days before the Court
below, and the question involved in it is, what class of
Dissenters should have the preference is the management
of a charity established some centuries ago by Lady
Hewley. It having been decided in the case
of the " Attorney-General v. Shore," that the
Unitarians were not entitled to have the management
of:the charity; the English orthodox Dissenters, consist-
ing of the Independents, the Congregationalists, and the
Baptists, claimed to be entitled, while the defendants,
the members of the Scotch Presbyterian Church, asserted
that they were the only parties who ought to have the
control of the charity. His Honour the Vice-Chan-
cellor of England decided in favour of the English or-
thodox Dissenters, and from that judgmentthe present
appeal was brought.
The arguments appear likely to occupy some consider-
able time.

ROLLS' COURT.-(THIS DAY.)

CORRAGIO V. LEE.

The further arguments in this petition were resumed
this morning. The case came before the Court on a
petition praying that the solicitor having the conduct of
this cause should cease to conduct it, and another be
appointed; also that the present receiver of the estate be
discharged. The petitioner is entitled to an annuity
arising out of the property which is the subject of the
cause " Sims v. Lee," and the petition was founded
upon an allegation that the property, consisting of two
farms, Tuberry Lodge Farm and the Warren Farm,
situated in Berkshire, were underlet at rents much be-
neath their value, and that Tuberry Lodge itself was
and had always been a handsome manorial seat
until the present receiver let it to a country gen-
tleman (Mr. Morris), who keeps therein a pack of
fox- honnds, stowing away meal and corn in the
dining-room, and allowing the dogs to run through the
apartment and offices, whereby great injury has been
done to these estates, which are held of the Fellows and
Scholars of Magdalen Hall, at the University of Ox-
ford, for a term of twenty years, renewable from time
to time, on payment of a small fine, upon these condi-
tions—that the several houses and buildings shall be
kept in good repair, the timber remain ualopped, and
that the premises shall not be underlet without the ex-
press permission of the Fellows and Scholars of Mag-
dalen Hall. The petition stated that these three condi-
tions had all been violated, and that the Bursar of the
College had in consequence threatened to vacate the
lease, and to turn the lessees out of the premises. The
petition further stated that the Bursar was about to take
a survey, on the part of the College, of both farms, with
a view to evict the lessees for breaches of covenant; and
that, if such eviction took effect, the petitioner would
lose the security for the payment of the annuity of 801.
during life.
The arguments were proceeding when our reporter left.

VICE-CHANCERY.-(THIS DAY.)

(Before the VICE-CHANCELLOR Of ENGLAND.)

Very little business, and that of a totally unimportant
character, was done in this court to-day, in consequence
of the absence of Mr. Bethel', who was engaged in the
Lord Chancellor's Court.

(Before the Vice• Chancellor KNIGHT BRUCE.)

iiis IloNoun having disposed of the bankrupi and
cause petitions in his paper, proceeded to hear the
arguments in

YETTS V. THE NORFOLK RAILWAY COMPANY.

This case came before his Honour upon motion and
demurrer, and the short facts of the case may be thus
stated :—The plaintiff was a shareholder of the Norfolk
Railway Company, and had refused to pay the third call
advertised, on the ground that the money was not required,
and that if it was obtained it would be used contrary to
the direct wishes of the great body of the shareholders.
The plaintiff filed his bill to prevent the directors from
taking proceedings for the enforcement of the payment of
the call or the forfeiture of his shares. To this bill the
defendant demurred.

The arguments appear likely to occupy some consider-
able time.

(Before the Vice-Chancellor WIGRAM)
LOADER v. CLA.RIi• -JUDGMENT.

His HONOUR gave judgment in this case to-day, di-
recting an issue to try whether at the time of the transfer
of the stock mentioned in the cause to the defendants,
the father and brother-in-law of the plaintiff; there was
a trust declared in favour of the children of the marriage,
in consideration of which the transfer of the stock was
made.

CHANT V. BROWN.
The further arguments in this part-heard cause occu-
pied the Court the remainder of the morning.

QUEEN'S BENCH.-(THIS DAY.)

THE QUEEN V. THE BISHOP OF EXETER.
The ATTORNEY-GENERAL moved this morning for a
writ to be directed by this Court to the Archbishop of
Canterbury, to inquire into the truth of certain matters
wherein issues had been joined. The case had been
brought against the Bishop of Exeter for refusing to
institute and induct the Rev. Mr. Gorham in a living
within the diocese of Exeter. The declaration was in
the usual form, and th© Bishop pleaded that he had exa-
mined Mr. Gorham, and found that he held, maintained,
and affirmed certain unsound doctrines and opinions con-
trary to the true Christian faith, viz., that spiritual re-
generation is not given or conferred by the sacrament of
baptism, and that infants are not, therefore, regenerated
by the performance of that ceremony; and the plea went
on to say that he considered him unfit to hold the living,
and therefore refused to induct him into it. The replica.
tion alleged that he was not unfit, and that he did not
hold unsound doctrines, and he (the Attorney-General)

apprehended that the issue between the parties was one
which could only be tried under the spiritual law, and
in one of the spiritual courts. The Attorney-General
referred to several authorities to show that the question
could only be settled by the law spiritual, and that al-
though the Bishop of the diocese was the judge of the
matter, it had b. en laid down that inasmuch as his
proceedings were not put upon record, the cause might
be referred to the Metropolitan Archbishop. The only
other matter for the decision of the Court was whether
the rule in this case should be absolute, or whether it
should be a rule to show cause. The writ would issue
to the Archbishop of Canterbury for the purpose of try-
ing, under the law spiritual, the matter in dispute—
whether the clerk holds sound or unsound doctrines.
Mr. Justice WlGBTMAN—Generally, are the parti-
cular doctrines mentioned?
The ATTORNEY-GENERAL--The plea states that he
holds unsound doctrines, to wit, the two doctrines I have
mentioned. If your Lordships wish to determine the
doctrines, we will demur to the plea, but the Bishop has
not demurred to the replication.—(Laughter.) The
Archbishop will have to examine the clerk, and will have
to report npon his general fitness by reason of his hold-
ing sound or unsound doctrines.
Mr. Justice COLERIDGE—Then, supposing the clerk
held one doctrine before the Archbishop, and another be-
fore the Bishop ?
Lord DENMAN—The meaning is that be did hold them
at a cert-iin time.
Mr. Justice PATTESON—The question to be deter-
mined is the exact point upon baptismal regeneration.
Lord DENNAN—We will wait and see whether the
Bishop consents to the writ going to the Archbishop, be-
fore consenting to the motion.

BAIL COURT.-(THIS DAY.)
The second nisi prius sittings in term commenced this
day, but no case of public interest came before the Court
up to the hour of our going to press.

MIDDLESEX SESSIONS.
(THIS DAY.)
The January adjourned Quarter Sessions were held
this day at the Court-house, Clerkenwell-green. The
Court was occupied the whole morning in hearing ap-
peals, chiefly relating to the settlement and removal of
paupers.
The appeal of the Hammersmith Bridge Company
against the poor-rate of Hammersmith, that of the Vaux-
hall Bridge Company against the poor-rates of St. Mar-
garet's and St. John's, Westminster; and also that of
the Windsor, Stifles, and South-Western Company
against the pour-rates of the four parishes of Staines,
Feltham, Ashford, and Twickenham, were postponed to
the next Quarter Sessions.

CABINET ARRANGEMENTS.
FROM THE MORNING PAPERS OF THIS DAY.

TlMES.—The,Ministertal arrangements consequent
upon the death of Lord Auckland are now completed
and Sir Francis Thornhill Baring, has accepted the office
of First Lord of the Admiralty. By this appointment
the Crown and the country recover the services of an
experienced Minister,—of a man perfectly conversant
with the details of public business, and peculiarly fitted
by his experience in a financial office, under a former
Government, to promote all such reductions in the ex-
penditure of the navy as are consistent with the efficiency
of that most important branch of the service. The nego-
tiations which have ended in this appointment have been
somewhat protracted by a laudable attempt on the part
of Lord John Russell to strengthen his Administration
by offering the department of the Admiralty to Sir
James Graham. The offer was made in a spirit of
frankness and good feeling, with a sincere desire to
bury in oblivion all past differences which may have
interrupted the harmony of men now holding the same
opinions, and which are prejudicial to the permanent
interests of the country. On the part of Sir James
Graham the offer was received with a perfect acknow-
ledgment of the public motives which had suggested the
proposal, although after some consideration he declined
to accept it. Had that offer been accepted it would
naturally have led to some further modifications of the
Cabinet, with a view to extend the basis of the Govern-
ment; but under the existing circumstances we believe
no further changes are likely to occur. It has been the
custom to throw a veil, which history itself has not
always removed, over those abortive combinations which
usually precede any important change in the distri-
bution of public offices ; but, in the present in-
stance, the transaction between the Government
and Sir James Graham is so creditable to both
parties, that we rejoice it has transpired. It is a
renewal on the part of Lord John Russell of those
liberal dispositions towards his former opponents which
led him to offer places in his Cabinet to Lord Lincoln
and Mr. Sidney Herbert on the formation of the Go-
vernment, and which subsequently conferred upon Lord
Dalhousie the most magnificent appointment which can
be held by a subject of any Crown. We record the fact
with the more pleasure, inasmuch as it rebuts the charge
of domestic influence and family connexion sometimes
urged to excess against the Whig Government. It is
the misfortune of the Whigs, as well as their strength
and their glory, that long adherence to the same
political traditions has gradually welded their leading
houses into near family connexion ; but Lord
John Russell has not neglected any opportu •
nity which has been afforded him, to show
that, in choosing his colleagues, he looked be-
yond his relations. We feel the more called uponlto
make this observation, inasmuch as we were led to
protest with—what has turned out to have been—inane-
cessary promptitude against the return of Lord Minto to
the Admiralty. No such appointment was contem-
plated by the Government, and Lord Minto himself at once
declared not only that he put forward no claim what-
ever to the office which he had formerly filled at the
Admiralty, but that he held his present office of the
Privy Seal entirely at the disposal of the Prime Mi-
nister, if it could be the means of facilitating the pro-
jected arrangements with the remnant of the moderate
Conservative party. We mention these circumstances
not because they are of any great weight or importance
in themselves, but because they convey correct impres-
sions of the share taken by several eminent persons in
these arrangements which are creditable to themselves
and to the country.
HERALD.—The new Cabinet appointment has at
length been decided upon. The Right Hon. Francis
Thornhill Baring, M.P. for the borough of Portsmouth,
and who held the office of Chancellor of the Exchequer
in the late Lord Melbourne's Administration, is to be
the new First Lord of the Admiralty. We announced
on Saturday that there was some foundation for believing
that the Earl of Clarendon would succeed to the vacant
post. It would appear that difficulties have arisen, which
the transfer of the Earl of Clarendon from Ireland to
the Admiralty would have increased rather than have
removed, and that it has therefore been resolved, with
the Right Hon. Gentleman's assent, to introduce Mr.
Baring into the Ministry. In the House of Commons the
Board of Admiralty is held to be sufficiently represented,
but it being absolutely necessary that one of the Lords
should be in a position to answer for the department in
the Upper House, there is little doubt that a peerage
will accompany this appointment.
POST.—Amongst the club rumours which; are pre-
valent, by no means the least probable is the following:—
Sir James Graham is said to have been sent for by Lord
John Russell and to have been offered the Colonial
Office. Lord Grey to go to the Admiralty, and Lord
Lincoln, with Mr. Cardwell, to receive important ap-
pointments. The motive of this arrangement is alleged
to have been the fear which the Ministry entertain of an
attack, too powerful for their parliamentary strength,
against their present colonial policy, in the ensuing ses-
sion of Parliament. The conditions, however, which,
according to the statement, were exacted by Sir James
Graham, could not be agreed to by the Prime Minister,
and the proposal accordingly fell to the ground.

IRELAND.
MR. DUFFY'S TRIAL.

DUBLIN, JAN. 13.--At Green-street to-day, the
case of Gavan Duffy was renewed. Messrs. Napier,
Q.C., and Butt, Q.C., have concluded their ;argu-
ments, and the Attorney-General has just risen to
reply to them.
DUBLIN, SUNDAY EVENING.—At the conclusion of
the Learned Attorney- General's address, the Court,
after some consideration, fixed on Thursday next for
the delivery of their judgment, the state of business
in the Queen's Bench rendering it impossible for them
to appoint an earlier day.
There have been further incendiary fires in Down.
The conflagrations have been effected by gun-cotton;
none of the incendiaries have been yet arrested.
In a poor-rate appeal case which came before the
Assistant Barrister for Cavan at the Bailieborough
Sessions, his Worship decided that the rate was il-
legally struck.
It is thought that this important decision will affect
every union in Ireland.
The stormy weather has again set in here, and the
arrivals of the London mails are much retarded.

A proclamation was issued last night, calling in all
arms in the possession of persons unauthorised in the
disturbed baronies before the 18th of January, under
penalty of imprisonment with hard labour for two
years.

SPORTING INTELLIGENCE.
STOURTON STEEPLE CHASE.
The following are the official acceptances for this race:—
The Doctor, Wolverhampton, Prince George, Vic-
tim, Knight of Gwynne, Marengo, La Sylphide, Peter
Simple, and Khondooz.
HOOTON PARK STEEPLE CHASE.
Fanny Ellsler, Lincoln, Dicky Misfortune, Carlow,
The Witch, Equinox, Rover, Pantaloon, and Royston
Gower.

DRURY-LANE THEATRE. -- M. Dejean has, in a
very handsome manner, invited the boys of the Green-
wich Hospital schools, 800 in number, to a juvenile
fete, to be given on Wednesday morning next at this
house, and has provided a bill of fare of the most at-
tractive character for his youthful visitors. The invita-
tion has, with the permission of the authorities of the
schools, been accepted ; and the railway company have
kindly undertaken to furnish gratuitously a train to
convey the boys to and from London on that day. The
entertainment (an announcement of which appears in
another column) will be something beyond the common
run, and such as the admirers of horsemanship, &c., will
find much to their taste. Upwards of 800 boys will sing
the choruses of the National Anthem, and perform seve-
ral pieces specially arranged for the occasion.

A. paragraph appears in another part of our paper,
elyied from the United Service Gazette, announcing that
Cavutin Binstead, RN., is likely to be appointed Har-
bour Mister for London, which statement is totally
untrue.

Jan.

Aberdeen .. ......

Amiens and Boulogne ...............
Belfast and Ballymena ••• • • •••• •• ••
Birkenhead, Lancashire, and Cheshire
Ca1ed0nian............. .... ..

Chester and Holyhead • • .... • • ..
Cockermouth and Workington.... • ...
Dublin and Drogheda.. •• • • .••• • • • ..
Dublin and Kingstown • • • • • • • • • •
Dundee, Perth, and Aberdeen • • • • - • • •
East Anglian.... .. .. ........ .. .. ....

Edinburgh and Glasgow . •• • ••••• • ..
Edinburgh and Northern • • • • • • •• • • • .
Eastern Counties and North Eastern..
East Lancashire ............ • • • • •• • •
Eastern Union • • • ... .. • • • • .. • • • • • • • •

Glasgow, Kilmarnock, and Ayr • • • • • •
Glasgow and Greeneck .. ....... - ....

Great Southern and Western • • • • • • ..
Great Western, &e• . • • • • ............

Kendal and Windermere • .... • • • • • .
Lancashire and Yorkshire.. • .........
Lancaster and Car1i51e..............
Liverpool, Crosby, and Southport....
Londonderry and Enniskillen........
London and North Western, &c.
London and Blackwall .. • . . • ....
London and Brighton
London and South Western . ........
Manchester, Sheffield, and Lincolnshire
Maryport and Carlisle ..............
Midland, Bristol, and Birmingham....
Midland Great Western (Irish) ......
Monklands ...... ................

Newcastle and Car1i51a...........
North British ...................
Paris and Rouen . ...............
Rouen and Havre
Scottish Central .................

1,080

Shrewsbury and Chester • ...........
South Eastern and Branches
South Dev0n........ . ..............

706
3,798
1,046

Taff Vale • • • • • • • • • •

Dec. 30
Jan. 7

Ulster . .. ..

Waterford and Limerick..........
Whitehaven Junction ............
Wishaw and Coltness ............
York and Newcastle . ...........
York and North Midland ........

654
1,005

678
3,401
1,938
11,478
1,928
1,011
2,417

889
2,888
15,170

118
10,415
1,638

130
34,600

510
6,616
7,439
2,485

18,311

1,001

2,481
4,490
1,767

604,T

460
3,410

747
11,980

968
1,045
2,135

972
1,573
14,501
95
8,841
1,040

129
33,864

897
1;z83
7,465
1,250

684
5,994
6,120
1,966

17,261
747

2,003
16,205
12,261

11,138
6,702

576
3,056

1,487
644

:155

I 9,564
6,442

THE ARMY AND NAVY.
(From the United Service Gazette.)
HARBOUR-MASTER OF THE PORT OF LONDON.—
Commander John Fisher (1814) has retired from his ap-
pointment of Harbour-master of the Port of London,
after 30 years' service. We have heard of numerous
candidates for the vacant appointment, which is in the
gift of the Lord Mayor; but we believe it very probable
that Commander Binstead, R.N., who was, till lately,
the active and zealous Superintendent of the Manchester
and Leeds Railway, and is an officer of great experience,
will have the vacancy.
THE TROOPS IN NOVA SCOTIA.—We are sorry to
find, from our correspondent at Halifax, that desertion
to an alarming extent is taking place from the regiments
at that station. The men leave with their arms and am-
munition, and although every means have been adopted
by the military authorities to arrest the offenders they
have hitherto escaped capture.
WOOLWICH GARRISON. In consequence of the
crowded state of the barracks of the Royal Sappers and
Miners at this place—the number being considerably
more than the arrangement of the building is calculated
to hold—it is in contemplation to send a number of the
men to Chatham, as a temporary measure, early in the
ensuing week.
REDUCTIONS IN THE ROYAL NAVAL HOSPITAL,
STONEHOUSE.—Inspector of Hospitals Robert Arm-
strong, M.P., the head of the Medical Department at
the Royal Naval Hospital, Stonehouse, has been placed
on half-pay; and Mr. Dalton, senior clerk at that esta-
blishment, has been removed, and has been recom-
mended for superannuation. The salary of the one is
6001., and the other 1501 per annum. The Deputy-
Inspector, Dr. Evans, has been ordered to do Dr. Arm-
strong's duty, and the Surgeon and Medical Storekeeper,
Dr. A. S. Allen (1838), has been appointed pro tPnt. to
do Dr. Evans's duty. The silly quarrel between Dr.
Armstrong and Mr. Dalton has effected this reduction
in the Department, which was some time since proposed
to be made.
TROOPS FOR INDIA.—The following ships
to those reported last week, have arrivendd
a7toth and 83d
conveyance of the 64th to Bombay, a
c
Regiments to Bengal, Tll,
'Cionrkadfdorittiohne
'John and
Castle, Diana,
d Poonah.
ROYAL MARINES IN IRELAND.
Nno official
I announce-
rom relan ,
Inept has yet been made of eidthebrutthewreeccaanl or movement
of the Battalion f ,
from information upon which we can rely, that ity
may be

expected in England soon after the question of the writ
of error has been decided. _

SMOKE CONSUMING APPARATUS.—Mr. Haig, who,
for more than a year past, has had the Ariel, old steam-
vessel, at Woolwich, appropriated to his service for try-
ing experiments with his marine smoke-consuming appa-
ratus, has suspended his operations.
THE PORTSMOUTH SEAMEN AND MARINES' ORPHAN
Schools.—The Portsmouth authorities have received
instructions from the Admiralty to transfer the slice of
Admiralty ground granted as a site for the erection of
the new schoolq, to the committee of the institution.