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.)
e I 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 construe- •
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, to e 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, alter 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
Abegavenny appealed,
Mr. Bethel], Mr. Leigh, and Mr. Goodeve were
heard yesterday for the noble appellant, and
The SOLICITOR- GENERAL (with whom are Mr. •
Walker, Mr. Humphries, and Mr. Roundell Palmer)
proceeded to argue the case this morning in support of
the judgment of the court below.
A The arguments occupied the whole morning. •
na
• 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 CHANCELLOR Of ENGLAND.)
His Honour, after disposing of the case of Blagrove v.
Hancock, heard causes, but nothing of interest oocurred.
'rho Vice-Chancellor Wigram did not ait 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 v. DICKSON. •
Mr. lisrosvLEs movie' 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. He made the motion under
these circumstances. The gentleman is 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 'T
the aldermen or councillors, or persons qualified to be :1,
councillors. That provision was contained in the 49th
section, while the 28th section showed who were quell-
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 lan-
guage of that provision was peculiar. The words were ;
—" Not entitled to be elected or to be a councillor,"
showing that the objection went, not merely to the dec.. 7.
Lion, but absolutely disqualified a person from being a
councillor. Such being the law, he would now proceed '
to state the facts of the case. On the sth of Sept. last :1 „.
the overseers of Carlisle made 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 placed
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 If
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 Victoria, however, it was provided that it shuuld
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 on
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
.0
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 was -"7t
not entitled to be on the burgess list, because there was .
no mode by which he could be put there; and not being
on the burgess list, he was not qualified to fill the office
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 &memo'
her, 1841, but, inasmuch as his name was not in the burgess lists for 1840 and 1841, although he was end
-
tied to be, his election was considered bad. That ease-
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 mere
omission of his name disqualified Mr. Dickson from being
elected to the office of mayor?
Mr. KNOWLES said he apprehended it did, while his
neglecting to make a claim deprived him of any remedy
to be put upon the roll.
Mr. Justice PATTESON granted a rule to show cause.

SECONDARIES'.—(THIS DAY.)
(Before Mr. Secondary HAWES.)
GARDINER V. WILSON.
THE " SPREAD " AFTER THE " MILL."—The plaintiff
in this action is la licensed victualler, in Long-lane,
Smithfield, and defendant is a brother " bung "in the
vicinity. The action was brought to recover the sum of
71. 17s. 6d., for meat, drink, &c., &c.; supplied to de-
fendant. The defendant pleaded that he was not in-
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 been
down to see a pugilistic exhibition at Woking Common,
between H. Walker and Heseltine, and on their return
home, they went to plaintiff's house, where defendant
ordered dinner for himself and friends, twelve altoge-
ther. Defendant afterwards said, that if plaintiff would
send to his house next day he would pay him; but 40
though repeated application had been made, he had not
paid.

Henry Barnash was called and said, that he was an
artist, in Goodge-street, Tottenham-court-road. •He
attended the fight " professionally;" by "professiohally"
he meant as second to Walker, who was backed by de-
fendant. He was not in the habit of "painting" faces
with his fists.—(Laughter.) He dined at plaintiff's, and
they had several bottles of wine, but he could not tell
how many, as they did not keep much of an account
towards the latter part of the time. They went in at
six in the evening and staid till five in the morning,
"smoking, drinking, singing, and chaffing." The score
was brought in on a board, and defendant said it was all'
right. Witness afterwards heard defendant say to.
plaintiff's son, he (defendant) was almost ashamed to
see him, as he had not called to settle the score, but
would do so.
John Gardiner was called, and proved the order hay-
ing been given by defendant, and the promise by him to
pay ; and Wm. Gardiner proved that defendant refused
to allow any one to pay a share.
Mr. HUGHES said the defence was the illegality of the
demand.
The SECONDARY said the fight and the betting Might
be illegal, but the eating and drinking was perfectly
legal, unless the dinner was part of a bet.
Mr. HUGHES addressed the jury, but did not call wit-
nesses, and the jury gave a verdict for the full amount
claimed.

DEATH OF GENERAL IVHDOUALL.—Tbe melancholy
duty is assigned us of announcing the death of General
M'Douall, C. 8., who expired at Stranraer, on Wednes-
day last, Nov. 15, at five o'clock was., and wbo has left
behind him a character not to be surpassed for probity,
benevolence, and generosity of heart, and Christian
energy and zeal.— Wigtonshire Free Press.
MARRIAUE IN HIGII LlFE.—Yesterday the mar-
riage of the Hon. Win. F. Cowper, M.P. for Hertford,
one of the Lords of the Admiral;y, second son of
Viscountess Palmerston, and Miss Georgiana
Tolle-
mache, daughter of the late Vice-Admiral John Richard
Delap Tollemache and Lady Elizabeth Tollemache, was
solemnised at St. Peter's Church, Eaton-square. A dis-
tinguished circle of the relatives and friends assembled
at the church to witness the ceremony.
LIEUTENANT MUNRO.--We are authorised to con-
tradict the report of Lieutenant Munro's having been
appointed to the 7th Ilussars,.and are requested to state
that the appointment bestowed on him is that of Barrack
Master at Sligo.
LIE _MURDER AT CARDIFF.--APPRERENBION OP
THE MURDERER.—John Loggers, the Irish excavator
who stabbed an unfortunate Welshman named Lewis, on
Monday week lust, at Cardiff, ha's been apprehended,
and committed to Cardiff Gaol to take his trial for the
murder.