The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-02-03 00:00:00

read, inquiry at very

ess was doing, at late

AT OXFORD

n Sunday morning, it became the turn of Dr. Pusey,
to of Christ Church, Oxford, to preach before the
ersity of Oxford. for the first time Aim,

tour, the doors of the Cathedral
besieged with hundreds anxious to hear Dr. Pusey,
and on being opened every available place for hearing
within the building was immediately filled. The Vice
Chancellor, attended by thirteen of the heads of houses
and both the proctot F. having, with some difficulty, made
their way through the dense crowd, took their seats about
half-past ten o'clock, and Dr. Posey having ascended the
pulpit, and made the bidding prayer, took the 20th chapter
of St John, and the 21st to the 23rd verse for his text.

t an ear

ision to

y for h

4ns. I n the
con t roversia

sermon he had

but there were

rticular mention was

d rather to have c

God alone can forgive sins
ess by conveying his forgiver

When in-the

arrived at

,bserved 'the comm

but would
5s through

rds— of his text he said:—
i,hosoever's sins ye remit are

ravers of the Cl

lo neglected i

oared him most, those who
In the
)ri and absolution pre-

ine word, and join in praise
absolution the (

ich if she

SECOND EDITI'

Standard-office, Half-past Ten t. do:

LATER FROM AMERICA

By the packet-ship Yorkshire, Captain Bailey, which
arrived in the river this morning, we have received New
York papers to the 17th ultimo, being four days later than

previous

advices

In Congress oh the 12th ultimo, on the motion of Mr.
Allen, the joint resolution for giving the twelve months
notice to Great Britain of the dissolution of the treaty of

joint occupation of the Oreg, n territory was taken up,
when Mr. Allen moved that the resolution be postponed
to the 27th ultimo. Mr. W.stcott argued for a longer
postponement, and moved the substitution of the 10th of
February. Mr. Calhoun said he should vote for the
longest time, and the 10th of February was fixed on after
a short debate, by a majority of 32 to 18.
On the motion of Mr. liannegan, his resolutions de-

precatory of a compromi,e on the line were also post-
poned to the same day. Of course the postponement of
the debate has been variously interpreted. Some think

it a favourable sympt

ponement of the wt

another Congress

on, indicating the complete post-
ole business to another year, and

According to the Washington Union,
ice is looked upon as a peaceful ma-

•ely empowering the President either to continue

refused

Paper

LAW INTELLIGENCE.

BAIL COURT—FRIDAY
(Sittings in Banco )

THE QUEEN' V. THE LORD BISHOP OF CHESTER

The Solicitor-general moved for a rule toshewe;use
why a mandamus should not issue directed to the Lord
Bishop of Chester, commanding him to restore t:) a Mr.
Travis, two pews and sittings in the parish church of
Blackley. It appeared that the ancestors of Mr. Travis
had resided in the parish for several centuries, and as far
back as the oldest documents could testify his family had
been in possession of two pews and also a family vault
situated immediately underneath the said pews; about
four or five years ago, in cons-quence of the extensive de-
cay of the church, arising from its great age, it was pulled
down and a new one built in its place. Toe new church
was raised partly by subscription, and partly by the aid of
the church commissioners. A commi.,sion was subse-
quently appointed by the Lord Bishop, composed of three
clergymen, for the purpose of ascertaining the claims of
all persons to pews and sittings, and to make such awards
as they considered proper. Mr. Travis accordingly pre-
ferred his claim in the usual form, but nothing then
transpired that co'ild lead him to suppose that his claim
would be disallowed. To his great surprise the Lord
Bishop, after receiving the report, had declined to recog-
nise his claim.

Mr. Justice Williams enquired as to whether he had
another remedy?

.
The Solicitcr-general replied in the negative. If the
claimant had proceeded in the Ecclesiastical Court, the
objection would be urged that the right was one at com-
mon law, and should be therefore brought before another
court. The present course was, therefore, the only one
left to him to take.—Application granted.

COOK V. WETHERELL, CLERK.—The defendant in this
case has obtained a rule for a new trial.
On Tuesday. a conditional order for a criminal infor-
mation, was granted by the judges of the Irish Queen's
Bench, against the proprietor of the Belfast Vindicator
for a libel on the Rev Francis Jervis.
A case which involves the question, whether the naval
hero, Lord H oratio Nelson, had the right of alienating
the estates at Bronte, given him on the 10th of October,
1779, by the King of the Two Sicilies, is now before the
Rolls Court. The suit is instituted in order to effect a
division of the property among the surviving relatives.
THE NEW IRISH CROWN SOLICITORS.—The Home
Circuit has been divided amongst Messrs. Julian, Seed,
and Elliott, each taking two counties, with a salary of
£5OO, and £2OO a-year for office allowances. Mr. Seed
leaves a vacancy in the crown solicitorship for Limerick
county, which, it is said, is to be given to Mr. George
Fleetwood.
In the Queen's Bench, on Friday, Mr. Cooper, agent
to Sir W. M Stanley, was sentenced to pay a fine of £lO
and to enter into recognizances to keep the peac.3 for
twelve months, for a libel upon the Rev. Joshua King,
of Woodchurch, published in the Liverpool Chronicle.
The particulars were given in our columns when the trial
took:place, and the defendant was found guilty.
In the Court of Exchequer, on Thursday, arguments
were heard against making the rule absolute for a new
trial in the action of Newton v. Grand Junction Railway
Company, for an alleged infringement of a patent, The
action was tried in Liverpool, and a verdict given for the
plaintiff for £lOOO. The court was of opinion -hat there

had been no misdirection by the judge (Cresswell) ;_ but

on the question of excessive damages, the court hoped the
parties might be able to come to some arrangement; when
it was agreed that the verdict should be for £2OO, which
the plaintiff originally agreed to take, with some addi-
tional costs

In the Court of Queen's Bench on Thursday, two per-
sons named Chapman and Sarno, were sentenced to one
year's imprisonment each, for being guilty of illegally
contracting to sA, through the medium of the patronace
Chapman had from Gen. Robertson, an East India Di-
rector, a chaplaincy to the company in India. The cir-
cumstances were these :—The East India Directors seeing
advertisements in the papers relative to the sale of a chap-
laincy in India, they instituted inquiries which resulted in
the complete exposure of a most shameful and illegal
fraud. Chapman's brother had been tutor to the sons of
General Robertson, who was an East India Director, and
Chapman entered holy orders, and was promised by the
general a chaplaincy in India, which he advertised to
transfer to another person for a sum of money. Sarno was
the agent in the transaction.

UNFORTUNATE BAN KRUPTCY.—In the London Bank-
ruptcy Court, on Friday, the case of Sir John Ross,
the well-known voyager to the cola,. regions, was heard.
His debts and liabilities are estimated at about £lO,OOO,
an f his assets at about £6OO. It appeared that Sir John
had lost £3OOO by the failure of Mr. Webster, the publish-
er of his expedition in 1834, and a further sum of £lOOO,
being the amount of debts incurred in fitting out the expe-
dition. _lle had received 13 wounjs, for which he received
a sum of .£l5O a-year ; £3OO per annum being his half-pay
as captain in the navy, and £5OO a-year as consul-general
for the court of Sweden. A proof was tendered upon the
part of the trustees under a marriage settlement for
£4200, which money it was alleged had been impro-
perly advanced to the bdnkrupt as far back as the year
1835. The learned Commissioner would not allow the
proof to be admitted, but let it stand as a claim.
Another proof was tendered upon a bill for £5O in
which case a judgment had been signed, after the issuing
of this fiat (the 17th of the present month), and upon
which bill Sir John had only £lO. The case was ad-
journed.
Solicitor Getvral for

WITNESSES EXPENSES.—In the Bail Court, on Wed-
nesday, Mr. Martin, on the part of Mr. Hill, of this town,
applied for a rule calling upon the judge presiding over a
certain court in Liverpool, (the Court of Requests, we be-
lieve,) to show cause why a prohibition should not be
issued. In this case an action was commenced by Mr.
Scott against Mr. Hill for the recovery of the sum of
£2 15s. Bd., £2 2s. of which was charged as a fe

for at-

tendance at a trial in a case that came before Mr. Cromp-
ton, and the balance was for costs. It was decided over
and over again by the judges of the superior courts that
no action could ever be brought for the recovery of fees
for the attendance of witnesses in a court of 14w, and this
question had been expressly settled by the Court of Queen's
Bench. In the present case the judge proceeded to make
an order for the payment of this money in defiance of this
decision, in consequence of which he was now instructed
to make he present application. Mr. Justice Williams
said that if this rule were to be granted, there would be

no reason why a similar rule should not be granted in
every case where there is an error in law. Application

RAILWAY SCRIF.—Lord Chief Baron Pol:ock, Mr.
Baron Alderson, and Mr. Baron Platt, have given an im-
portant decision in a question affecting the sale of railway
shares. They have decided that the act known as the
" Joint Stock Companies Act" does not apply to railways.
This judgment is a most important decision in the exist-
ing position of railway speculation, and one which has
been looked for with much anxiety both by repudiators
and anti-renudiators. Like most modern acts of parlia-
ment, the Joint Stock Companies Act (7 and 8 Vic., c.
110) delivers itself with so much ambiguity, or at least
with so much complexity, that it is quite professional for
gentlemen of the law to consider the intention of the le-

gislature and the effect of the act as doubtful, until a de-
cision of the iudees has settled any doubt he aff.,rtiinn a

precedent. It might also be asserted of our legislatu're,
that Acts of Parliament arc like cheques signed in blank,
of which the judges afterwards fix the value by filling in

scrip or shares in any railway company, commenced since
the Ist November, 1841, and provisionally registered, is
legal ; and that the 26th section of the act, which prohi-
bits the transfer of shares in companies until complete
registration has been obtained; does not apply to railway
companies, which cannot prosecute their projects without
an art of parliament. What may be the immediate com-
mercial effect of this decision, we c innot pretend to say ;
doubtless many who have been -lying on the legality of
repudiation will be startled. i'•;• the moral effect, we
trust, will be salutary. it place, tie law on the side of
good faith; it declares that me., hall not with impunity
run off their agreements, when they find it inconvenient
to abide by them.
VOTE NIANUFACTUEING.—In the Court of Common
Pleas, on Thursday, Lord Chief Justice Tindal delivered
judgment in the case Alexander a. Surman. He said this
was an appeal from the decision of the revising barrister
for the county of York ; and the question raised was
whether a conveyance was void under the 3d. section of
7 and 8, Wm. 111., c. 25, such conveyance being made
for the purpose of multiplying votes; but being a bona
fide conveyance, accompanied with a real transfer, and
without a secret trust or any stipulation as to the exercise
of the elective franchise. The statute 7th and Bth Wm.
111., c. 25, even it it stood singly, was not capable of being
applied to any other than a conveyance of fictitious nature,
which had nothing more than parchment and a seal, the
parties to it having agreed that no actual interest should
pass. Thee existed no restriction in law to a man's buy-
ing freeholds to the amount of 405., although the express
object was to acquire the right to vote, provided the con-
veyance were in other respects bona fide. But if the con-
veyance, however, were in form only, and never intended
to have any real effect, it was then always held to be void.
whatever the secret trust might be. The statute of 7th
and Bth Wm. 111, natnes only conveyances, and makes no
reference to contracts for the sale of land, and that went
to show that a bona fide conveyance was not intended to
he avoided on the ground. n -ely of the motive of the par-
ties. The 10th Anne, c. 23, both in its title and recital,
drew a clear distinction between fraudulent and real con-
veyances for the purr• aof giving the right to vote, and
when the first sectio . was looked at it afforded a confir-
matory exposition .1 7 and 8 Wm, 111., c. 25, taken in
the sense which the court had put upon it. On the whole
case the court were of opinion that a conveyance bona fide
made, where money and possession passed, and there was
no secret reservation, was not avoided by reason of the
existence of a motive by the parties to multiply votes, and
as the revising barrister had brought the case under that
distinction his decision was clearly right.

THE C .URT 4- FASHIONABLE WORLD.

Lord and Lady Ashley and W. E. Gladstone, Esq. and
lady had the hon)ur of dining with her Majesty on Friday.
The youthful Earl of Stamford and Warrington has
been entertaining a select party with the sports of the
field at Dunham Massey, Cheshire. His lordship and
friends shot, in one day, 3000 head of game on the pre-
serves. _

It is said that a marriage is on the tapis between the
Viscount Castlereagh, son of the Marquess of London-
derry, and the Vi: countess Powerseourt ; but, as the
lovely widow has been already reported to be on the eve of
granting her hand to two other suitors, this last rumour
may be as unfounded as the previous ones.
()n Monday, two young Australian boys, with Mr.
Eyre, the Australian traveller, who brought them to this
country, were introduced to the Queen and Prince Albert,
at Buckingham Palace, by the Right Hon. W. E. Glad-
stone. Her Majesty received her Australian subjects very
graciously, and seemed much pleased with their general
appearance and manners.