The Sun.
London, England, 1848-11-22 00:00:00

MALTA.

Accounts have been received from Malta of the
12th. The epidemic which had of late proved so
fatal to the soldiers has nearly ceased. The Ameri-
cans have given up Spezzia as a naval station, and
return to their former waters at Mahon.

CHANCERY.-(THIS DAY.)
The Lord Chancellor heard appeals to-day in his
court, the Old Hall, Lincoln's Inn.

ROWLAND V. MORGAN.
The arguments in this case were opened yesterday,
and resumed this morning. The case came before his
Lordship upon a petition► of appeal from the judgment of
the Vice Chancellor Wigram, pronounced some time
since. The question in the case related to the construc-
tion which ought to be put upon a will and codicil made
by the late Earl of Abergavenny. The testator, by one
of the clauses in his will, gave to his son John, then Lord
Nevill, and to his heirs, Earls of Abergavenny, certain
plate, jewels, &c., to be held as heir-looms, and by a
codicil he gave other articles of value, to be held
upon similar terms. The question raised before
the Vice-Chancellor Wigram was, whether John,
then Lord Nevill, took an absolute interest
in the property thus bequeathed or only one for life.
The Vice-Chancellor Wigram, after most elaborate
arguments, and taking time to consider the question,
decided in favour of John's taking an absolute interest
in the whole of the property bequeathed by the will and
codicil, and from that judgment the present Earl of
Abecravenny appealed,
Mr. Bethell, Mr. Leigh, and Mr. Goodevo were
heard yesterday for the noble appellant, and
The SOLICITOR-GENERAL (with whom are Mr.
Walker, Mr. Humphries, and Mr. Roundel' Palmer)
proceeded to argue the case this morning in support of
the judgment of the court below.

Thu arguments occupied the whole morning.

ROLLS' COURT.—(THIS DAY.)
The further arguments in the part-heard cause of
Kirkman v. Booth, in which the bill was filed for an
account of the effects of the testator in the cause, Mr.
Joseph Kirkman, the late extensive brewer in Broad-
street, St. Giles's, occupied his Lordship the Master of the
Rolls the whole morning.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE •CHANCELLOIL of ENGLAND.)
His Honour, after disposing of the case of Blagrove v.
Hancock, heard causes, but nothing of interest occurred.
The Vice-Chancellor Wigram did not sit to-day, and
his Honour the Vice-Chancellor Knight Bruce was oc-
cupied the whole day with motions and bankrupt peti-
tions, totally devoid of interest.

•
BAIL COURT.—(THIS DAY.)
THE MAYORALTY OF CARLISLE.—QUEEN 11. DICKSON.
Mr. KNOWLES moved for an information in the nature
of a quo warranto, calling upon George Dickson, Esq., to
show by what right he had held the office of Mayor of
the borough of Carlisle. Ho made the motion under
these circumstances. The gentleman in question was
elected from the town council of the borough of
Carlisle; but at the time of his election he had ceased to
be a councillor, by being disqualified from being a bur-
gess, under the provisions of the Municipal Corporation
Act. The Court was aware that that Act provided that
the mayors of corporate boroughs should be elected from
the aldermen or councillors, or persons qualified to be
councillors. That provision was contained in the 49th
section, while the 28th section showed who were quali-
fied and who were disqualified from being aldermen or
councillors. In the present case the affidavit stated that
at the time, Mr. Dickson was chosen mayor, he had
become disqualified to be a councillor. In point of
fact, he had ceased to be a councillor, and, there•
fore, his election as mayor was invalid. Now
the 28th section of the Municipal Corporation Act pro-
vided that no person in holy orders, or a person being
the officiating minister of a dissenting congregation
should be entitled to be elected a councillor or alderman,
nor should any person be elected or be a councillor or
alderman who should not be entitled to be on the
burgess list. The Court would observe that the lair
guage of that provision was peculiar. The words well:
—" Not entitled to be elected or to be a councillor''
showing that the objection went, not merely to the elec•
tion, but absolutely disqualified a person from being
councillor. Such being the law, he would now proceed
to state the facts of the case. On the sth of Sept. las;
the overseers of Carlisle mado out the burgess roll for
the ensuing year, with the name of Mr. Dickson omitted.
Had it been improperly omitted it was the duty of Mr-
Dickson, under the 17th section of the Act, to give no-
tice. to the town clerk in writing, claiming to be place"
on the burgess roll, and then, when the mayor for the
time being, came to revise the lists, he would allow or
disallow the claim. Mr. Dickson, however, made no
such claim, and the lists were revised and published with-
out his name. It was quite clear, therefore, that he
had been improperly elected mayor, as he was not upon
the burgess roll. The words of the Act, "to be entitled
to be on the burgess roll," did not mean a money or
property qualification, but that the burgess at the time
the roll was made out was in a position to have his name
placed on the list. By the 7th of William IV. and the
Ist of Victbria, however, it was provided that it should
be lawful for any person whose claim should have been
rejected by the mayor, to apply to the Queen's Bench
for a mandamus to force the mayor to place his name en
the list, and if the Court were satisfied of his title, they
had the power to make an order accordingly; but that
provision only applied to a party whose claim had been
rejected, and whose name had been expunged from the
list. In this instance no such claim had been made, and
he apprehended that at this moment Mr. Dickson Wee
not entitled to be on the burgess list, because there Wee
no mode by which he could be put there; and not being
on the burgess list, he was not qualified to fill the °fano
of councillor, alderman, or mayor.
Mr. Justice PATTESON wished to know whether there
had been any decision on the words " to be entitled to
be on the list."

Mr. KNOWLES said the question was discussed in the
case of the Queen and Harvey, but not in this shape•
There Mr. Harvey was elected an alderman in Noveir
ber, 1841, but, inasmuch as his name was not in the
burgess lists for 1840 and 1841, although he was enti•
tied to be, his election was considered bad. That case
was important, in so far as it showed that being on the
list, and not the qualification to be there, gave the title
to be elected.

•
Mr. Justice PATTESON—Then you say that the flier°
omission of his name disqualified Mr. Dickson from being
elected to the office of mayor?
Mr. KNOWLES said he apprehended it did, while
neglecting to make a claim deprived him of any reined!
to be put,ppon the roll.
Mr. thistice PATTESON granted a rule to show cause.

SECONDARIES'—(THIS DAY.)
(Before Mr. Secondary Haw Es.)
GARDINER V. WILSON.
plain
THE " SPREAD " AFTER THE " MILL."—The
in this action is fa licensed victualler, in Long-lat
Smithfield, and defendant is a brother " bung "in te`f
vicinity. The action was brought to recover the sum
71. 17s. 6d., for meat, drink, &c., &c., supplied to (le'
fendant. The defendant pleaded that he was not 20'
debted.
Mr. DUNCAN appeared for the plaintiff, and stated
the facts, from which it appeared, that in August'„
1847, the defendant and several of his friends had bee!
down to see a pugilistic exhibition at Woking Co/11030h
between H. Waller and Heseltine, and on their reter/
borne, they went, to plaintiff's house, where defendne'
ordered dinnerlor himself and friends, twelve altoge;
ther. Defendant afterwards said, that if plaintiff would
send to his house next day he would pay him;
h;bued&:01;
though repeated application had been made, be
paid.
Henry Barnash was called and said, that he was an
08
artist, in Goodge-street, Tottenham-court-road. -1--"; 0
attended the fight " professionally;" by " professionally
he meant as second to Walker, who was backed by de.
fendant. He was not in the habit of " painting" fael
with his fists.—(Laughter.) He dined at plaintiff's, at 3
they had several bottles of wine, but he could not tell
,
how many, as they did not keep much of an accent"
towards the latter part of the time. They went in st
six in the evening and staid till five in the mornieg'
"smoking, drinking, singing, and chaffing." The WI
was brought in on a board, and defendant said it was °,O
right. Witness afterwards heard defendant say
plaintiff's son, he (defendant) was almost ashametl,4
see him, as he had not called to settle the score, t"
wo
John
do so.
Gardiner was called, and proved the order leior
ing been given by defendant, and the promise by
pay ; and Wm. Gardiner proved that defendant rale.'
to allow any one to pay a share.
,be
Mr. HuGuEs said the defence was the illegality el
demand.
;glfs
The SECONDARY said the fight and the betting le
lji
be illegal, but the eating and drinking was pole '
legal, unless the dinner was part of a bet.
NW
Mr. HuGans addressed the jury, but did not call
tot
nesses, and the jury gave a verdict for the full ate°
claimed.

1,
DEATH OF GENERAL M‘DouALL.—The melan— 41
duty is assigned us of announcing the death of Gene,lo
0,
C. 8., who expired at Stranraer, on Weditit
day last, Nov. 15, at five o'clock A.M., and who has
behind him a character not to be surpassed for pr°,o
benevolence, and generosity of heart, and Cbris"
energy and zeal.— Wigtonshire Free Press.
U'
MARRIAGIE IN HIGH LITE.--Yesterday theAt
riage of the Hon. 'Wm. F. Cowper, M.P. for I.lertfor;(
one of the Lords of the Admiralty, second sollw
Viscountess Palmerston, and Miss Georgiana 11;01
macho, daughter of the late Vice-Admiral John
.Bie'..cfo
Delap Toilet/Jackie and Lady Elizabeth Tolletnachey
solemnised at St. Peter's Church, Eaton-square. A"hled
anguished circle of the relatives and friends assein"

at the church to witness theceremony------- COa
•
LIEUTENANT MUNRO.—We are authorised to .
tradict the report of Lieutenant Munro's having bee
e
appointed to the 7th Ilussars,_and are requested
that the appointment bestowed on him is that of Pa."
Master at Sligo. pp
THE MURDER AT CARDIFF.—•APPREHENSI"'"- tor
THE MIIRDERER.—John Coggers, the Irish excaTB
Ivho stabbed an unfortunate Welshman named Lesusi;jed,
Monday week last, at Cardiff, • has been apprehell she
and committed to Cardiff Gaol to take his trial for
murder.