The Sun.
London, England, 1841-11-27 00:00:00

UNIVERSITY INTELLIGENCE.

CAMBRIDGE, Nov. 27.—The Rev. Jemson Davies,
M.A., formerly of Clare Hall, has been presented to the
Vicarage of St. Nicholas, Leicester, void by the death
of the Rev. Richard Davies ; patron, the Lord Chan-
cellor. Value 851.

The Rev. AVoodthorpe Collett, M.A., of Catharine
Hall, and Master of the Grammar School, Woodbridge,
has been selected by the Council of King's College,
London, to the office of Principal of King's College
School, at Nassau, New Providence, Bahamas.

On Wednesday last, the Rev. Henry Churchman
Long, 8.A., formerly of Christ's College, was licensed
to the perpetual curacy of Dunston, Norfolk ; patron,
Robert Kellett Long, Esq., of Dunston Hall. Value, 301.

The Hon. and kev. Philip Yorke Savile, M.A., of
Trinity College, son of the Earl of Mexborough, has
been presented by the Chancellor of the Duchy of Lan-
caster, to the Rectory.of Methley, Yorkshire, void by the
death of the Hon. and Rev. A. H. Cathcart

The Rev. R. S. Dobson, M.A., of St. John's College,
has been appointed Chaplain to the Braintree Union.
The Rev. Alexander Paton, M.A., of Queen's Col-
lege, in this University, has been appointed to the incum-
bency of Trinity Church, Louth, Lincolnshire ; pa-
trons, the Trustees.

HER MAJESTY.—We are rejoiced to state that
the Queen is in so satisfactory a state of convalesence
that her Majesty has signified her intention of quitting
Buckingham Palace, for Windsor Castle, on Wednesday,
the 15th of December ; and orders • have been given to
the Household to make all necessary preparations, and
be in readiness for the removal of the Court on that day,
or as near the same as shall be the wish of her Majesty.
The Prince and Princess continue in excellent health.
The christening of the Duke of Cornwall will take place
shortly after the arrival of the Court at Windsor.

DERBYSHIRE DIAMONDS.—Perhaps it may
not be ,generally known that the Peak of Derbyshire
produces what are termed Derbyshire diamonds. They
are small detached and perfect crystals of colourless
quartz, of an hexagonical prism terminated by pyramids,
and others of a lighter colour. They are often found at
Bakewell, Brassington-common, Buxton, Castleton, and
Darley-dale. They are greatly inquired after, and
much used by the lapidaries of Birmingham, Derby,
&c.—Derby Chronicle.
THE LINES ON THE DEATH OF SIR JOHN
MOORE.—A fragment of a letter addressed to Mr. Tay-
lor, bearing the post mark of ISeprember 6, 1816, and
written by the late Rev. Charles Wolfe, has been found,
Containing a complete copy of the lines on the death of
Sir John Moore, and a sentence stating that his (Mr.
Taylor's) praise of the stanzas first written had led him
to complete the poem. This document will henceforth
remove all doubt on the subject of the authorship of
these beautiful lines.

' ACCIDENT ON THE GREAT WESTERN
RAILWAY.—We are informed that an accident occurred
yesterday to the up mail train, by which one of the
carriages was overturned, and the line stopped for seve-
ral hours. We have not received any particulars of the
accident, but we understand no lives were lost. The
Bath and Bristol letters and papers were not delivered
in consequence till some hours after the usual time.
Government has appointed Sir Edmund Walker
Head, Bart., one of the Assistant Commissioners, to be
the new Poor-law Commissioner, though the actual sign
manual is not yet obtained by him.
THE NEW COURTS AT LINCOLN'S INN.—
Vice-Chancellors Bruce and Wigram, attended by some
of the leading Benchers of Lincoln's Inn, and by Mr.
Hardwick, the architect, yesterday inspected the new
Equity Courts in Lincoln's Inn, and expressed them-
selves highly satisfied with their arrangement, and with
the rapidity with which they have been erected.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, Nor. 26.

DOE DEM.---WYATT V. THE ST. HELEN'S RAILWAY

COMPANY.

This was an action upon a mortgage deed for the
sum of 40,0001, brought by the lessor of the plaintiff
against the St. Helen's and Runcorn Gap Railway Com-
pany, tried before Mr. Justice Wightman, at the last
Lancashire Assizes, and on which a verdict was had for
the plaintiff, with liberty to enter a nonsuit or to arrest
judgment if the Court should be of opinion that the action
was not maintainable.

Mr. BUSBY now appeared on behalf of the lessor of
the plaintiff to show cause why the rule should r.ot be
set aside. The rule had been obtained on the ground
that the mortgagee was not entitled to recover possession
of the land of the Railway Company, and was not en-
titled under the mortgagee to maintain the action. The
case was one of very great importance, for although the
sum of money secured by the mortgage was only
70,0001.—(A laugh)—the form of that mortgage
was the one adopted by all the Railway Com-
panies, and in deciding the present case their
Lordships would decide whether the mortgagees
of all the railways in the country, comprehend-
ing a vast amount of property, could maintain actions
for ejectment, or whether they were to recover the pos-
session of the land of the railway in some other way.
The Act under which the Company was incorporated
was entitled the 11th Geo. IV., chap. 61, and by it they
were empowered to raise a sum of 120,000/., and to bor-
row a further sum of 30,000/. ' By another Act, the 4th
William IV., chap. 3, they were authorized to raise a
further sum of 40,0001. upon loan, with power to mort-
gage the land of the Company, for which purpose the two
questions which would arise would be, first, whether
under the terms of the Act of Parliament they were au-
thorized to demise the lands they possessed, and if the
Court should he of opinion that they had the power to
demise them, then the second question would be, whether,
by the form of deed, they had so demised it. By the
Act the Company were empowered, for the purpose of
raising the money on loan, to pledge the credit of the
Company, and to assign and charge all the property of
the Company, And the rates and tolls arising therefrom,
or any part thereof, as a security for the money so ad-
vanced, and by another, sect., the 59th, they were au-
thorized to sell any land which was not required for the
purposes of the railway. Now, he submitted, that on
the construction of these two clauses the Company were
empowered by the Legislature to demise any portion of
the land or real estate of which they were possessed. The
form of deed to be used in these cases was set out in the
Act, and was as follows :—" We assign the said under-
taking, and all the estate, right, title, and interest, in the
same ;" and it was clear that that included the legal
estate of the Company in the land. The Learned Coun-
sel having referred to the authorities bearing on the sub-
ject, concluded by submitting that the rule for a non-suit
must be set aside, and a verdict entered for the plaintiff.
The COURT, without hearing the other side, were una-
nimously of opinion that the words given in the form of
the deed were not sufficient to warrant the construction
given them by the Learned Counsel. They could not
find that the Act of Parliament gave any power to the
Company to demise their land, and they must be guided
by the words of the Act in determining the rights of par-
ties. The parties, however, advancing money upon loan to
these Companies were bound to take care that they had
good security for the money. Now the words of the Act
were, " We demise the said undertaking ;" but if it was
intended to include land, that might have been very easily
done. What was meant by the word " undertaking" he
really could not understand. He could not find in them
any thing which did so improbable and so exceedingly
inconvenient a thing to the public, and to the known inte-
rests confided to the proprietors of railways as to deprive
them of the means of carrying on these undertakings by
totally parting with their property in the land, by which
they were enabled to carry them on for the convenience of
the public. On these grounds they were of opinion
that the rule for the nonsuit must be made absolute.

WATERS V. THE EARL OF THANET.
This was an action upon two bills of exchange, one for
6581. and the other for 465/., with interest, amounting in
the whole to 3,1301. The bills were drawn by the de-
fendant in the year 1802, accepted by one Richard Wil-
son, and endorsed to the plaintiff. On the trial before
Lord Denman an agreement was put in, drawn up in
February, 1803, to the effect, that " on condition
of Edward Waters (the plaintiff) having agreed
not to proceed against me for the recovery of
the amount of two bills of exchange (specifying them),
I do hereby debar myself from the future plea
of the Statute of Limitations ; and I hereby promise to
Pay them separately and conjointly, with the full amount
of legal interest, whenever my circumstances enable me
to do so." That agreement was signed by the defendant.
There was a plea denying the letter being in the de-
fendant's handwriting, and setting up the Statute of Li-
mitations. The Jury found a verdict for the plaintiff for
the amount claimed, and a rule for a roasuit was subse-
quently obtained by the late Attorney-General-
The SOLICITOR-GENERAL now appeared to show cause
against the rule. It had been urged very strongly at the
trial that the agreement was not in the handwriting of
the noble defendant, but it was clear that the noble de-
fendant must have forgotten that he had entered into
such an agreement, because the handwriting was clearly
proved. It was shown that in 1832 the defendant
succeeded to the title of the Earl of Thanet, and was
then of ability to pay, but Mr. Waters, who
was out of the country, was not aware of it
till 1837, the defendant having sent no notice to him,