The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-06-14 00:00:00

RAILWAY TRAFFIC RETURNS

(From the Railway Magazine of Saturday, June 11.)
The following calculation of the last weekly returns of 39
railways, 1271 miles in length, given in our present number,
will, we believe, be of interest :—Number of passengers on
23 railways, 284,454 ; consequently, the total for the week
must be about 400,000. The receipts for passengers on 38
railways, £63,633 13s. 7d. ; ditto for goods on 33 railways,
£16,598 3s. 9d. ; total, £80,231 17s. 4d. This is an average
of £63 per mile per week. The traffic, therefore, is certainly
at the rate of more than three millions a year, and carrying
fifteen millions of passengers.
_ , - •

passen-
gers.

Passed.]
'per day.l

iCor. wk.,Per mile
pat yearl per wk.

NAME

Burney.
" Although I feel confident this matter will be thoroughly
investigated, I cannot refrain from making the following
observation with respect to the theoretic route, as laid down
in the prospectus of the company in the book sent out to
Barbadoes about two years ago, a copy of which I showed to
to Lieutenant Hamilton of the R. N., formerly stipendiary
magistrate, now residing at Barbadoes. '
" This fficer said he could not understand why Turks
Island had been selected, and that it would be the destruc-
tion of some of the vessels of this steam company • that he
had had frequent opportunities of seeing that island, and
that, from the uncertain direction and strength of the cur-
rents and the rocky coast, he did not feel comfortable whilst
in that neighbourhood, although in a handy ship of war, and
a highly disciplined crew.
" My next remark is, that the company might now have
the most beneficial advice and opinion on every matter, by
reference from Commodore Byng and Captain Paget, R.N.,
who witnessed from the beginning to the end the practical
work of the Medina.
" When this vessel settled down and got firmly embedded
across the reef which runs at right angles with her keel, and
which could be perceived by the whole frame of the heavy
steam machinery being forced up about seven or eight inches,
the mercy of PROVIDENCE was clearly shown; and that
there was a prospect of the loss of life being very trifling in
comparison to what would have been the result had she
lain in an oblique position on the said reef or parallel to it,
in which case she might have been capsized by the heaving
of the sea; and as heavy articles of every description were
loose about the deck, amongst the rest 229 iron jars of quick-
silver, each weighing from 90 to 1001bs, and to have been
disembarked at the first, owing to their great value, as well
as chains, spars, &c., almost all loose, the cabin doors
broken open, and opening and shuttinc, with the greatest
violence every time the sea struck her, hadt' she capsized, 179
persons (150 men, 15 women, and 14 children) would in all
probability have been drowned or crushed to death, the wa-
ter being deep on all sides of the reef. A message was de-
livered in my presence to Captain Burney by Lieut. Davis,
admiralty agent of the Tweed, that Lieut. Keatley, R.N.,
on leave of absence from the Tweed, begged to offer his ser-
vices to do all that lay in his power on board the Medina,
which were gladly accepted, and were very efficient.
" On my reaching the Larne schooner I learned that the
passengers for Jamaica were ordered to the Tweed, those for
England to the schooner Larne.
" I am happy to say his Excellency the Earl of Elgin,
with his lady and Lady Charlotte Bruce, were ultimately re-
moved to the Tweed, they having embarked from the Me-
dina and reached the schooner Larne with nothing but his
lordship's despatches.
" The detachment of the 2nd 'West India regiment, sta-
tioned at Turk's Island, under the command of Lieutenant
Rowell, were most active and useful, as will be seen by the
official letter marked E. herewith sent, addressed to me by
the admiralty agent, now on board here, in charge of her
Majesty's mails, the original of which I have handed over
to the officer commanding the left wing at Nassau.
" The passengers, who are to go to England, of the Me-
dina, when wrecked, are—Robert Dick, Esq., of the Island
of Trinidad, with his family ; Monsieur Rennay, a resident
of St. Thomas's, but a native of Bourdeaux ; a Mr. Har-
risoultz, a Polish gentleman, lately from La Guayara : these
gentlemen are ready to express their entire satisfaction at
the ample attendance and obliging conduct of all the autho-
rities on board the Medina and Larne, which must be grati-
fying to any person interested in the welfare of this establish-
ment, so desirable to be entertained uninterrupted, not only
by the colonies of Great Britain but by those of the States.—
have the honour to be, sir, your most obedient humble
servant, "T. FALLS, Lieut.-Col.
Deputy Adj.-Gen. in the Leeward and Windward Islands.
" May 29."

VICE-CHANCELLORS' COURTS, FRIDAY, JUNE 10

(Before Sir L. SHADAVELL.)
ATTORNEY-GENERAL V. GLADSTONE.
This case came again before the Court to-day by arrange-
ment. The information is filed at the relation of several
Roman Catholic priests residing in and near London, to ob-
tain the benefit of a bequest contained in the will of the late
Mr. Blundell of a sum of £l,OOO to be applied for the use of
Roman Catholic priests in and near London, at the discre-
tion of the Rev. Mr. Robinson, a Roman Catholic priest, at
Liverpool, who was dead at the date of the testator's decease.
Mr. Bethell, who appeared with Mr. Campbell in support
of the information, expressed his astonishment that any ques-
Lion should he now raised upon the construction of the lan.

guage and the charitable character of the bequest by the Rev.
Dr. Walsh, who had in express terms by his answer admitted
that it was a charitable legacy, and as it had been already
carried over by an order of the Court to an account to be en-
titled " The Roman Catholic Pries6', in and near London,
Legacy Account." The learned counsel directed the atten-

tion of the Court to a Roman Catholic periodical, in;l-11Cii,
it was understood, Dr. Walsh was represented as filling the
office of Vicar-Apostolic of some portion of the Roman
Catholic Church, and said it was difficult to understand what
kind of mental reservation was exercised by the right rev.
gentleman who sustained this high dignity in the Romish
church, when he first admitted solemnly and deliberately by
his answer, that the gift was a charity for the benefit of his
clerical brethren, and afterwards set up a claim to the fund
for his own personal benefit as residuary legatee. The ad-
mission, however, it was contended, precluded him from
taking the objection now at the bar to a reference to the
Master to approve of a scheme ; and the Court having
directed, in the suit for the administration of the testator's
estate. with Dr. Walsh's concurrence, that a fund should be
set apart for the purpose of the charity, would not now suffer
the opinion it had given upon the charitable nature of the

bequest to be disturbed. the learned counsel nevertheless
submitted, that if the question of the bequest being a charity
were still open, the Court could entertain no doubt that the
. _

gift was charitable, inasmuch as it was not a gift to the par-
ticular persons, but for the benefit of the office they sus-
tained, and that since the Roman Catholic Emancipation
Act, there was nothing legally to deprive a Roman Catholic
priest of the benefits of a bequest for the purpose of the
church on the ground of a superstitious use, but that the
same law which was applied to a dissenting minister before
the statute was applicable to a Roman Catholic now.
Mr. Purvis and Mr. Bagshawe appeared for Dr. Walsh,
and repelled the insinuation that any motives of personal
benefit had induced him now to ask the opinion of the court
upon the construction of the bequest ; and that it was uni-
versally known that if the court should determine the gift
to be void, and it fell into the residue, Dr. Walsh would not
apply it to his own use, but appropriate it to the best of his
judgment according to the intention of the testator. It was,
in fact, nothing but a desire to carry out those objects with
as little expense as possible that induced him to submit the
question to the judgment of the court. The publication
which had been shown to the court would convey an idea of
the number of persons of various descriptions and classes
that might set up claims to the benefits of the fund. There
were Roman Catholic priests officiating and not officiating in
and near London. The expression "in and near " might

mean anything or nothing; it might be held by some to in-
clude Westminster and Southwark, by others, to extend to
the limits of the post, by others to be confined to one county,
and by others to embrace several; and it was therefore at
once to have the judgment of the court on the matter, and
prevent an endless controversy, that the present course had
been taken. Dr. Walsh was not precluded from raising the
question by anything that had taken place. The information
was filed, and had the sanction of the Attorney-General,
long before the fund was carried over in the other suit, and
it was a matter of arrangement and understanding with all
parties that the opinion of the court should be taken upon
the question which was to be raised by the information. Dr.
Walsh, therefore, had merely admitted the case stated on the
information, and not upon his oath; and it was for the court
to determine whether the gift was void for uncertainty, or
whether it was intended for the benefit of Roman Catholic
priests living at the death of the testator, and whether they
must be resident and officiating in and near London, or whe-
ther the legacy bad not altogether become lapsed by reason
of Mr. Robinson having predeceased the testator.
The Vice-Chancellor said, looking at the language of the
will, he was of opinion the legacy was given for the benefit of
persons who either now or at any time hereafter might happen
to bear the character of Roman Catholic priests in and near
London, No objection arose with regard to the indefinite
nature of the words "in and :near London," because if it
were determined that what was given was clearly a charity,
the court would solve the difficulty with regard to its appli-
cation by directing a scheme to be approved by the master.
The language of the will was, " I give and bequeath out of
my personal estate the following legacies :—To the Right
Rev. Dr. Walsh, of Wolverhampton, the sum of £5OOO, to
be by him applied for the purposes of Oscott College, Staf-
fordshire ; to the Rev. T. Robinson, of Seel-street, Liver-
pool, 41000, to be applied for the use of Downside College,
in Sornersetshire. To the said Thomas Robinson, the fur-
ther sum of LlOOO, to be by him applied to the use of Old
Hall-green College, in Hertfordshire." The expression uni-
formly made use of in each of these bequests (except the first)
was " to be applied to the use " of the Roman Catholic esta-
blishments mentioned ; and the very term " college " con-
templated After these four bequests fol-
lowedthequestion arose—" To the said
further sum of £l5OOO, to be by him
Twi
Thomas
athat
s Robinson au n eo nn d
whichrt
hbel e thing.
applied for the use of Roman Catholic priests in and near
London, at his absolute discretion." The same language is
here used as had just before been employed with respect to
the legacies given to the colleges, and there was nothing at all
in the words " for the use of the Roman Catholic
Priests " which showed more an intention to confine the
benefit of the bequest to those Roman Catholic priests who
might happen to be living at the testator's death, or the
death of Mr. Robinson, than to those Roman Catholic priests
who might come into esse after the death of the testator, and
before the death of Mr. Robinson, or at any time after the
death of both ; knowing, moreover, as much as they all did
of the Roman Catholic church, it might be supposed of her,
as well as of the Protestant church, that as long as the world
endured, there would be Roman Catholics in every place,
and the words of the testator, in his honour's opinion, must,
therefore, be construed as applying to Roman Catholic priests
in and near London as a party, and not to any particular
persons.
The next gift in the will was to a Roman Catholic
chapel. So that the legacy M question was preceded by be-
quests for purposes that must endure, and succeeded by one
of the same nature. And in a subsequent part of the will,
where the testator meant to give a personal legacy, he made
use of entirely different langtlao. Therefore, as the testator,
when he intended to give a benefit personally, had distinctly
marked it out, and included the present legacy among a num-
ber of bequests for the benefit of what was
the matterendurable, his
honour, on the best consideration he could give
benefit of
was of opinion the £15,000 was a legacy for the
persons who now, or hereafter, might happen to fill the
near London;
character of Roman Catholic priests in and
and that the matter must be referred to the master to settle
a scheme for the administration of the charity accordingly.
[lt was mentioned in court on Saturday that an important
change had taken place in the aspect of the cause, by the
, birth of a second son to Cardinal Weld.]

Rev. Walter Gee, 8.D., formerly Fellow and Tutor of
Sidney Sussex College, Cambridge, has been appointed, by
the Bishop of Exeter, to the Archdeaconry of East Corn-
wall.
Rev. George Allen Proctor, to the curacy of Castlecomer.
Rev. John Reed, curate of Downpatrick, to the rectory of
Ballee, vacant by the death of the Rev. William Bond.
Rev. William Archer Butler, M.A., Rector of Clondevod-
dock, to the Living of Raymochy, vacant by the promotion
of the Rev. J. B. Chapman, M.A.
Rev. Fairfax Franklin, M.A., formerly Fellow of Clare
Hall, Cambridge, and Perpetual Curate of New Buckenham,
Norfolk, to the Rectory of West Newton, in that county,
vacant by the promotion of the Rev. William Holmes.
Rev. H. R. Slade, LL.B., formerly of St. Peter's Col-
lege, Cambridge, Perpetual Curate of Kenley, Salop, has
been appointed by the Earl of Clarendon one of his Lord-
ship's Domestic Chaplains.
Rev. Thomas M`Neece, Fellow of Trinity College, Dub-
lin, has been presented, by the Provost, Fellows, and Scho-
lars of that Foundation, to the Rectory and Vicarage of
Arboe, vacant by the promotion of the Rev. Dr. O'Brien to
the See of Ossory.

CAMBRIDGE, JUNE 11.
At a Congregation held this day, the following degrees
were conferred :

The Venerable Archdeacon Thorp, M.A., Fellow and Tu.
tor, Trinity College.
Rev. James Dalziel Simpson, M.A., Fellow, Sidney Sus,
sex College. _ _ .

_
M.A.
Rev. Alfred Tolver Paget, Caius College.
Charles Thomas Osborne, Sidney Sussex College.
B.M.
Robert Palk Carew, Downing College.
William Balderston, St. John's College. .
Francis Henry Laing, Queen's College.
Henry Lee Warner, St. John's College.
BARN ABY LECTURERS.
The following wele this day elected :
Mr. Ansted, Mathematics; Mr. Eddleson. Philosophy
Mr. Birkett, Rhetoric; Mr. Buston, Logic.
KING'S COLLEGE.
On Wednesday last, the Bth instant, William Talman wa
elected a Foundation Fellow of this society.
SIR W. BROWNE'S MEDAL.

The prize for Sir W. Browne's Latin ode, in imitation of
Horace, subject, " Navis Ornata atque Armata in Aquam
deducitor," was yesterday adjudged to Henry James Sumner
Maine, Scholar of Pembroke College. Mr. Maine, as re-
cently:announced, also obtained the Chancellor's and the
Camden medals.