The Express. — London, England, 1867-06-14 00:00:00

MILPPIN HROTHEltS.—Frtablished A. n.lBlO. ham; were in fact duly published. If either question had been decided in the negative, it must have been admitted that the marriage was bad. But in that case there was a third question to be pro pounded, which is familiar in the history of our own marriage law, in the distinction between void and voidable marriages. It was argued that as the Milan marriage had not been impugned in the lifetime of both parties, it could not be chal lenged after the death of one. But, as it hap pened, this point did not occupy the Judges' attention. Two of them, Barons BRAMWELL and Po:orr, were of opinion that the Milan marriage must be held unimpeachable. They conceived that it was incredible that all the parties, including the two Roman Catholic priests, should have made a blunder in the matter of due publication of banns. And they considered that the Austrian legal witnesses established the proposition that in law the Roman Catholic chaplain was the proper priest even of a Protestant officer. But the LORD CHIEF BARON and Baron MARTIN were both of opinion that the banns had not been duly published, and thus that the marriage was void, although they differed on the question of the com petency of the chaplain. Thus the equal division of the court leaves the whole question open either to be carried to appeal or to be tried again in some different form. It is pleasant to note that in this family dis pute, in which so many delicate questions of honour as well as so much property are involved, there has been the most entire good feeling dis played on both sides. Nor certainly can its ulti mate issue, be it what it may, tarnish the per sonal honour of either claimant. As to the mode of trial, which has resulted in so un satisfactory a conclusion, Baron MARTIN by en tered a characteristic protest. He insists that the matter should not have been withdrawn from the consideration of a jury, which he thinks by giv ing no reasons gives always satisfaction. But it may be recalled to his recollection that sometimes even juries fail to come to agreement, and that they give as little satisfaction as judges when they are discharged without returning a verdict. And certainly on such difficult points as those involved in this case, when the questions of fact are chiefly questions of foreign law, and the evidence is not oral, but has been taken by commission and re duced to writing, it would seem that trained lawyers form a safer and better tribunal than could be found in the puzzled punderings of merchants, tradesmen, or farmers. CUIZSTB of SILVRRPLATE for theCOLONIRB. CUTLERY and SILVER PLATE for 1171121181111% ---- MAPPLN BROTHERS, LONDON-BRIDGE. hiLPPIN BROTHERS, 222, REGENT graxer. BREAKFAST.-EPPBI3 COCOA. B it()WN and Pt)LSON'S COILN FLOUR fur CHILDREN'S DIET. To obtain eq.., pr..flt by Iho •i!e e.ther kind+ arc sometimes offered 'nue ei of BRIMS and COLSON'S. —John Ile ion,' ••John Polein," ei signed by the makers on each vu.. et . Ehe eVinTSO• TO CORRMPoN Advertisements Intended for "The Esprosi," London Evesing Paper, must be at the Office. 10 , Bouverie-street, by Two o'clock on the day of publication. DRURY LANIL nits Evanrao, TTIAT itAsafAL Moon. Rouse and Ni Mlle ; %leadsmn All. yno and Thornpc..n. —To conclude with E uuwv.r. A•lnten,. Villiers, Intuit, Reuse. Eitejames, Jc Warier; Mesdames Robertson tt Le Thirty. HAYMARKET. Tan Reirxrna, PEVELTIoN. Mr. Kendal and Miss Burke. —A WILD Goias& M *Ahern, Buck**le, Hone, Kneen, Gordon. Re.; kloidann, Kmkv . Chippendale ' Dalton, Wright, rte.—Anil DRAY AS A POST. Mr. Compton, de. FTRAND, TEEN EVISNIV4I, NEIORIVItitm. Megan Tanelle, Belford, and Murray; alLa Harland. —PVGMALIGN ; UK,TIII SrAI UK PAIR. Messrs. Th..rne. Ewes, ke. ; Mesdames Swanborangh, Raynham. liarlaud, Juluutune, and Ilult.—And THE LITTLE SAVAGE. 017 R CONTEMPORARIES. (THIS DAY.) THE EXPRESS, FRIDAY EVENING, JUNE 14, 1867. and that entailed upon his widow and offspring the doubtful status which baffles the judgment of our own bench. Since the question seems to be insoluble by legal methods, the Telegraph suggests that the only plan is to fall back upon the rough, practical plea of holding the right to lic with the party in possession. As incontestable proof has not been furnis' hed that the first marriage was valid, we must accept the second as good, and regard the present baronet as the. lawful heir. To the Standard the weight of the reasoning seems to be all on the defendant's side ; and the Star thinks with ltaron l'igott that most people would gladly see the on of the deceased baronet acknowledged as the lawful possessor of his father's title. ROLFORN. Tim TII CIA ICE M EFTS OAT. Mr. Vollnlin; Mend-unto Leona awl I' MAunokr.— Tom ANTIPODE.; Megan. K. Ganlen, V, II U. like, Make, It. Thorne. mid H. Emery; Allenthnuen Ellen Terry, IlAyanouLl, and C. brawlers. BRITANNIA. TRyq ETtßogn, TOE MARRIAOR CRRTIFWATE : OR, A MoTil F. %Irk 8 Line e llildrl.rod land Yrinoside. the reit...AA — Excelsior" hunger.—Concluding with AULD !WE IN ITTOIT WATER AT LONDON BRIDGE. nos DAT —Wonting. Oh. Ow..— Afternoon, Oh. 23rn. TlA•MORhoW—![orning, Oh. 47 Afternoon, IL um LONDON, FRIDAY, JUNE 14. ONE of the most curiously difficult questions of marriage which has ever perplexed our courts occupied ten days in argument before the Court of Exchequer last term, and was disposed of without being decidodyesterday. It arose out of no difficulty of interpretation of the English Mar riage Act, nor out of any complication as to clan destine marriage in Scotland, or mixed marriages in Ireland, such as have sometimes confused our judges. In this instance the ruling law was that of Lombardy, the ceremonial was that of the Roman Catholic Church, and the dispute turned mainly on the question whether tho rules of the Austrian military service overrode those of the civil code, and whether a Protestant could be held to have, in the chaplain of his regiment, an official director of his soul. On these points hung the descent of an English baronetcy and large estates. General MARCVE SLADE, the claimant, insisted that his late brother, the undoubted owner of both title and land, had not been duly married, because his wife had been previously duly married to an Aus bian officer under the proper rules of the church, the law, and the army. Sir ALFRED SLADE (to concede to the defendant the title at present in dispute) denied that his mother had been guilty of bigamy, and argued that her first marriage was no marriage at all. The case came by mutual agreement before the Court of Exchequer without the inter vention of a jury; and so nice and critical were the arguments, that the Court was equally divided, and thus no judgment was pronounced. Consequently the son, whose legitimacy was impeached, being in possession by virtue of the presumption arising from the English marriage of his mother, is, for at least the present, continued in his position, rather by the failure to impeach is title than by its intrinsic goodness. The facts out of which this singular question arose were simple enough. In 1825 Mias MOBTYN, an English lady, whose beauty excited some sensa tion in Milan, where she was residing for a season with her mother, was married to Von KOIRBER, an Austrian lieutenant of Engineers. There was some clerical difficulty in effecting the nuptials, fur the lady was a Catholic, the gentleman a Pro testant, and the law of Lombardy forbids mixed marriages unless the dispensation of the Fora has been obtained. The priest of the parish, therefore, refused to officiate, but the military position of the bridegroom supplied what all parties deemed at the time a valid resource, for he applied to the Austrian chaplain of the forces —Feld Superior Naor—to perform the cere mony, and the military clergyman felt himself not hampered by the local Lombard law, and, regard ing himself as the proper priest of an officer, even though Protestant, made no difficulty in cele brating a rite to which the general law of Austria presented no objection. But in order to make even this proceeding justifiable it was essential that there should have been previous publication of banns in the parish in which the lady had resided for six weeks. It was alleged that they were only published in the parish of Sta. Babyla, in which she had not resided for the full period required, and that they ought also to have been published in the parish of herprevious residence. This ground of impeaching the validity of the cere mony rested mainly on the evidence of the lady herself. But, on the other hand, it appeared that the pariah priest of Sta. Babyla had furnished to Feld Superior Naoy a certificate that no impedi ment existed to the union, and it was argued that this almost necessarily implied that there had been due publication of the banns in his church. At all events the ceremony was performed, and the parties lived together for six months as husband and wife. But Von ICOERBER proved a bad hus band, and quarrels soon led to a separation, on the terms of an annuity being paid to him during his life. At this stage the late Sir F. SLADE appeared on the scene, and, taking the lady's part, the separation from Von Kosaasa was naturally followed by a union with the Eng lish baronet. But the proceeding, which both parties desired to make legal, was unfortunately left subject to serious doubts. No process was instituted in Austria to declare the marriage void. The annuity, for which it was the consideration, continued to be regularly paid to Von KOERBER. It is said that the rite of marriage between Sir FREDERICK and Lady SLADE was many times per formed, in the hope that prior to some one or other of the occasions Von KOERBER might have died, and so all doubt be removed. But he did not die till 1853, and the eldest son of the Eng lish nuptials was born in 1834. Hence there was no choice bet to bring the original validity of the Milan ceremony before the English courts for their decision. It will be seen from this summary that the points for decision were mainly two. Tho first was, whether Feld Superior NAGY, the Roman Catholic chaplain of the forces, was in the sense of Austrian law the curator animas of • Pro testant officer, so as to be entitled to perform the marriage ceremony between him and a Catholic, The second was, whether the THE NEW REDIATEIBUTION SCHEME. If we admit the justice of the principles upon which the government have proceeded, the Times thinks we cannot quarrel with the manner in which these princi ples have been carried out. The suggestion that the Uni versity of Durham should be coupled with that of London, which would be as reasonable as to join together Maynooth and a free kirk college, is as amazing as it must be short lived; but, with an exception or two, no serious objection can be taken to the government plan on the ground that the boroughs chosen have been improperly °elected. It is the propriety of the principles followed which seems doubtful to the Times. The whole force of the enfran chisement of boroughs is directed to the aim of subtracting the influence of towns from county constituencies, while the claims of such places as Manchester and Liverpool, Leeds and Birmingham, Bradford and Bristol, to additional members are neglected. The Chancellor of the Exchequer acknowledged he was not sanguine enough to hope that the redistribution clauses would escape criticism, or even "some imputations made in the freedom of parliamentary criticism." The meaning of this is apparent. An elaborate exposition of the ereat industries carried on in the counties to be subdivided, of their agricultural, mineral, and manu facturing wealth, cannot conceal or alter the well known character of county representation, and must simply call attention to that view of the pro posed changes which Mr. Disraeli is most anxious should not become the subject of minute discussion. The Times proceeds to urge that the government would act wisely in encouraging Mr. L►ing's amendment conferring additional representation on six or seven of the largest cities, so that it may be prepared to introduce the cumulative vote, any opposition to which on the part of the conservative government appears to our contempo rary inexplicable except by " a suggestion of infatuation." This second scheme, the Daily News says, may afford the basis for legislation, but the chances are exceedingly slight that the proposals will be accepted without consi derable modifications. The disproportion which Mr. Dis raeli introduces between the county and borough represen tation deserves close and critical examination ; but in the case of most of the arrangements criticism may advan tageously be postponed until the details which will give effect to them are before the public. On the way in which the lines of separation are drawn within the counties which Mr. Disraeli proposes to divide the fairness of his proposal will In a great measure depend. The suggestion thrown out casu►lly and dubiously by the Chancellor of the Exchequer as to the expediency of group ing the University of London and the University of Dur ham is not likely to be accepted by the House of Commons, and will not, we trust, be repeated. The two universities are founded on diametrically opposite principles—the one being an ecclesiastical and the other an entirely secular in stitution. Mr. Disraeli makes no provision fur the seven additional members which he is pledged to assign to Scot land. He alleged last night that these must not be ob tained at the cost of the representation of England, but that is not involved in the matter. The disfranchisement or grouping of the smallest of our petty boroughs suggests the source on which not onlySootland, but the great towns of England—such as Birmingham, Leeds, Manchester, Liverpool, and others—must draw for that additional re presentation which is their duo. The Herald says the new scheme is a very good one, and that the impression which it made upon the house—a sin gularly thin one—appeared very favourable. The Standard thinks the adoption of the plan • matter of certainty, but it condemns the proposal to associate the University of Durham with that of London. To combine them in one constituency is to produce an utterly unnatural and incongruous combination—a sort of political Barnum's mermaid—which cannot possibly act a. • living whole. But this blot of the scheme the Standard says evidently did not originate with the ministry. The Tdegraph desires to suspend judgment on the main propositions until the schedules are produced ; bearing in mind that it is just possible for converted tones to neutral ise the effect of a popular suffrage by a curious plan of redistribution. The Star complains of the immense addition to the parliamentary power of the counties. The house is bound nos to pass so small a measure of redistribution along with with so extensive a measure of enfranchisement. There is danger in it : danger of unpopularity, of discontent, of con tinued agitation. Mr. Cardwell', speech of but night had the true ring in it, and the Star hopes it ill the signal for a short, sharp, and victorious onslaught on the small borough interest which the government are determined to protect. THE SLAM BARONETCY CARE In the opinion of the Times it is by no means clear that if the above case were to be decided by considerations of policy, instead of by rules of law, the defendant would be the gainer. The property and title at stake were not acquired by Sir Frederick himself, but descended to him from his father, consequent upon the death and failure of issue of two elder brothers. This makes a great differ ence, nor can we forget that it was his fault, and his alone, that his son was not earlier appri'od of facts which so nearly concerned his future prospects. It need hardly be added that upon him rests the entire responsibility of this family contest. When a bwrister thinks proper to marry a lady whom ho knows to have gone through a marriage ceremony with another man stPl living, he knows perfectly well the risk which he runs of bastardising his children. It was in Mr. Slade's power, if he regarded the Milan marriage as invalid, to apply for a declaration of its invalidity from the Austrian oourts. He failed to do so, THE VISIT OF THE BELGIAN VOLUNTEER-1. The Daily News adds to the remark that international courtesies are at all times among the strongest bonds of peace and goodwill, that there are especial reasons to draw closer the amity between British and Belgians. They have always been our allies. They have fought by our side from Blenheim to Waterloo. Though it is plain that whatever is to be done by the nation must be done in the metropolis, which for the ozcasion represents it, not the less should the other parts of the king dom contribute to make the metropolitan welcome as brilliant as our resources enable us. Government does its part, and shows its sympathy by furnish ing vessels to bring our guests to our shores. But it can not contribute to the funds, and all the grace would be taken from our hospitality if parliament were to be asked for a grant from the publics purse. Private liberality must furnish the committee which has taken the matter in hand with the means of worthily maintaining our credit and re deeming our pledges. There can be no local jealousies when the entertainments, though necessarily confined to London, are given in the name of the nation. And that it is really the nation which gives the welcome will be best demonstrated by every locality sending its contribution. The committee has sot itself • difficult task, for the management of such matters is beyond the usual sphere of British administrative capacity. But they will have all our sympathies, and every allowance will be made for shortcomings, if only it is made clear that, whatever our deeds, our desire is to give a frank and warm welcome to as many as we can induce to honour us with their presence. RESTRICTION OF THE HOURS OF LABOUR. THE GOVERNMENT SCHEME. The important bill before parliament, introduced by Mr. Walpole, Lord John Manners, and Sir John l'akington, which treats directly of the hours of work, is at present before a select committee. In it the govern ment propose that no child under the age of 8 years shall be employed in any "handicraft" whatever throughout the United Kingdom, " handicraft " being understood to mean " any manual labour exercised by way of trade or for purposes of gain in, or incidental to, the making any article or part of an article, or in, or incidental to, the altering, repairing, or ornamenting any article." No child under 13 shall be employed on any one day in any handicraft except for a period of not more than 61 hours, and such employment shall take place between the hours of Gin the morning and Bat night. No young man under the ago of 18, and no woman, shall be employed in any handicraft during any period of 24 hours for more than 12 hours, with intervening periods for taking meals and rest, amounting in the whole to not less than one hour ►nd a half, and, with certain exceptions in the ease of male young persons, such employment shall take place only between the hours of 6 in the morning and 9 at night. No child, young person, or woman, is to be employed in any handicraft after 2 o'clock on Saturday afternoon. The penalties are tines on the occupier of the workshop, or on the parent of, or the person deriving any direct benefit from the labour of, or having the control of, the child, young person, or woman employed. Officers of local authority will have the power to examine workshops, &c., on com plaints being made as to their defective sanitary con dition. The bill also contains a provision enforcing the employment of a fan or other mechanical means for the prevention of the inhalation of dust by work men in processes of grinding. The act, it is pro posed, shall come into operation on the Ist of January, 1868. In letter-press printing, and in any workshop in which the mechanical power is water, and in any workshop or class of workshops with respect to which one of her Majesty's principal secretaries of state certifies by license under his hand that it has been proved to his satisfaction that, by reason of the nature of the business, it is necessary to carry on the name throughout the night, it shall be lawful to employ male young persons during the night, " subject to the same intervals of rest which may be allowed during the day, and subject to this provision, that no male young person employed during the night shall be employed during either the preceding or succeeding day, and that no male young person shall be employed for more than six nights in any fortnight." Camitrr CovNclL.—There will bo a cabinet council to-morrow afternoon at 4 o'clock, at the First Lord of the 'Treasury's official residence, in Downing-street. the Court. BALMORAL, Jinni 12. The Queen drove out yesterday morning, accom pftnied by Princess Christian ; and in the afternoon her Majesty went out, accompanied by Prince Leopold, and attended by the Duchess Dowager of Athole and Miss MacGregor. Prince and Princess Christian went out Princess Louise and Princess Beatrice went out driving. The Duke of Richmond had the honour of dining with the Queen and royal family. The Prince of Wales rode out yesterday, attended by Lieutenant-Colonel Keppol. In the evening the Prince of Wales and Prince Lonis of Hesse dined with the Earl and Countess of Wilton at their residence in Grosvenor-square. A committee of her Majesty's Most Honourable Privy Council sat yesterday at the Privy Council office, Whitehall, on the subject of the cattle plague. The Lords present were Lord Robert Montagu and the Right Hon. C. B. Adderley. A REVIEW BY THE QUEEN. We are pleased to announce that on Saturday last H.R.H. the Duke of Cambridge received commands from her Majesty to make ►rrangements for a grand re view of regular troops in Hyde-park on the sth or 6th of July neat. With this view some regiments will be brought up from Aldershot, artillery from Woolwich and else where ; and the total number of men is likely to reach ten thousand of all arms. Her Majesty has signified her in tention of being present in person. THE Counv AT BALMORAL.—On Monday evening her Majesty drove through Braemar to the Falls of Conic multie &c. The weather was bright and warm. -- Her Majesty has (we learn from the Court Circu tar) appointed Saturday, the 29th inst. for inaugurating the Albert Orphan Asylum, Collinswood-eourt, Bagshot, Surrey, and also for laying the found►tion atone of a dining hall and chapeL Last evening his Royal Highness the Prince of Wales, accompanied by Prince Louis of Hesse, honoured the Earl and Countess of Wilton by their company at dinner at their residence in Grosvenor-square. Among the guests at the banquet were him Serene Hit/linen Prince of Teck, the Prince and Princess Edward of Sase-Weimar, the Duke and Duchess of Manchester, the Marquis of Hartington, M.P., and a large circle, covers being laid for 20. Later in the evening about 200 guests assembled at the evening party given by the countess. The Duchess of Cambridge, the Grand Duchess of Mecklenberg Strelitz, Lord avd Lady Lovel and, suite, honoured the performances at the Adelphi theatre last evening with their presence. The marriage of the Hon. Alan Egerton, second sen of Lord Egerton of Tattoo, to Miss Watson Taylor, eldest daughter of Mr. and Lady Charlotte Watson Taylor, was solemnised yesterday at St. George's Church, Hanover square, by the Bishop of Salisbury. The Sixteenth Annual Conference between the Council of the Society of Arts end t' ,e Representetires of the Institutions in Union end Local Bo►rds will be held on Wednesday next, the 19th June, at 12 o'clock, noon. The Right Hon. Henry Austin Buse, M.P. will preside. LATEST INTELLIGENCE. (REGTER'S TELEGRAMS.) VISIT OF THE VICEROY OF EGYPT TO PARIS. KESSINA, Ran 14. The Viceroy of Egypt, and MM.Putrey and Les sops arrived here yesterday at 11 a.m., and left at 2 p m. for Toulon. ITALY. FLORENCE, Joxs 13. In to-day's sitting of the Chamber of Deputies the debate on the Public Works Budget was con cluded ; 800,000 lire were voted for the continua tion of the works on the Savona Railway. AMERICA. Off ATLANTIC TELEGRAPH.) NEW YORK. JUNE 13. The steamers Cimbria and 111ississippi arrived here to-day, and the Peruvian at Boston. LAW INTELLIGENCE. (THIS DAY.) EQUITY COURT. Metre Viee-Chaaaellor Sir W. Page Wood.) BOVILL r. CRATE. In this great patent casewhich was argued on every cause day of the sittings of the court, from the 49th of April to the 30th of May, his honour gave judgment this morning. The plaintiff, Mr. George Clinton Bovill, of 24, Duke street, Westminster, engineer, claims to be the inventor of improvements in the manufacture of wheat and other grain into meal and flour, for which a patent was granted to him in the year 1549. Before 1.846 he had de voted much attention to this subject, and in that year he patented an invention, which he had purchased for 10,000/. of Mr. liouglcaux, of Leghorn, for improving the grinding of corn by introducing a blast of air through the eye, or central aperture, of the millstone. The defect of this process was that the dust blown out between the stones by the process of ventilation, pervaded the mill and became injurious to the health of the workmen. Mr. Bovill accordingly devised some further alterations, which are embodied in his patent of 1849. According to the specification as finally altered, this in vention consists of :-1. An arrangement for ventilating the grinding surfaces of the millstones, and the introduc tion of air through the top stone (when fixed), either by blowing or exhaustion. 2. In exhausting the air from the cases of the millstones, oombined with the application of a, blast to the grinding surfaces. 3. In separating the stive or dust of the Hour from the air, when ex• haustion or bleat is employed, to facilitate grinding, and preventing the dust and waste in the mill. The first part of the invention consists in introducing air pipes into the top millstone ; and this principle is claimed by Mr. ltovill only when worked in combination with • fixed upper stone. In carrying out the second part of the invention, when working millstones with a blast of air, Mr. Bovill introduces • pipe to the millstone cue from • fan or other exhausting machine, so as to carry off all the warm dusty air blown through between the donee to a chamber, by which the dust n the mill is avoided, and grinding improved. This part of the invention re lates only to sucking away the plenum of dusty air forced through the stones, and not to employing • sufficient exhausting power to induce • current of air between the stones without • blast (this having been before practised). The third part of the invention con sists in straining the stive, or lux which is surcharged with fine dour, through suitable porous fabrics, which retain the flour and allow the air to pass through. This is accom plished by exhausting the air from the millstone case by means of • fan or other exhausting machinery, and blow ing the stive so exhausted into a chamber, having its aides and top formed of one or more thicknesses of suit ab le porous fabrics, so as to allow the air to pass out deprived of the dour. The advantages alleged to be attained by this process over the old system are, that the flour is produced of better quality having greater life or strength, and in larger quantities ; that it is delivered at an average of 20 deg. less temperature ; that the necessity is avoided of sacking the undressed grist, and keeping it for several day. until it becomes cool enough for dressing ; that the millstones grind four times u much without requiring redressing; and that the mill is free from dust, and in • state of cleanliness much more conducive to the health and com fort of the workmen. In 1852 the advantages of the in vention were considered by the government to be so great that the Admiralty, after a prolonged opposition from their own officials agreed to purchase Mr. Bovill's machi nery erected at Deptford, on trial, and to take from him a license or royalty of rid. per quarter for wheat ground by this process. In 1863 Mr. Bovill obtained an extension of the patent for five years from the sth of June, 1854, the application for the extension having been unsuccess fully opposed by a combination of millers. Meanwhile and since he has been engaged in no less than eighteen actions and suits against alleged in. (ringers, and in one of these, originally tried in 1856 •rainst Messrs. Keyworth and Seeley, millers, of Lincoln. the validity of the patent was established by the Court of Queen's Bench. The present defendant, Mr. Augustus Crate, is • miller at Dean Gate mills, Winchester ; and this bill was filed in July, isez. stating that the plaintiff had recently discovered that hie patent was being infringed by the defendant in various ways —one, by using an ex haust for carrying off the dusty air, being the exhaust of the plenum mentioned in the patent of 1859, or only colourably differing therefrom. The other , by using • stive room or porous chamber similar to that described in the plaintiff's patent, or only eolourably dif fering therefrom. The bill prayed for an injunction and account in the usual manner. The defendant's case was that the patent was invalid, the invention not having been new in 1849, nor the plaintiff's the first invention ; also that the specification wee imperfect because it did not sufficiently describe bow the exhaust of the plenum was effected, nor what was the speed of the machinery used for effecting the exhaust. As to the alleged infringe ment the defendant's process is as follows :—The upper millstone is the running stone, and the lower one is fixed. The eye of the stones is left open, and at first a piece of Licking was tacked on to the hoop of the mill, which dropped on the running stone and thereby the stive and dusty air were drawn into a wo oden chamber at the top the mill by • fan. Afterward. for this sacking a wooden frame or chamber was substituted. No artificial blast is used in the mill. As to the stive-room, the de fendant said that never uses • room in any way similar to that described by the plaintiffs, and that never, except for the month during which he used: the sacking above men tioned, has he used any porous substance for filtering the air through. The defen da nt admitted that he was one of an association of millers residing at Manchester and the neighbourhood, who had agreed to defray his costa of de fending this suit. . . . The;nain argument for the defence as to infringement was, that what the plaintiff claimed was a combination of an exhaust of the plenum, together with the artificial blast ; and that as the defendant used no artificial blast, there could be no infringement on his part. To this the plaintiff replied that hie patent was for a combination of the exhaust of the plenum, together with the blast which must be always present, whether produced artificially by a machine, or simply generated by the rotary motion of the millstone. A vast amount of evidence was adduced in order to establish cases of user of the invention prior to 1849, but on all these, except the cases of two mills at Isle worth and Houghton, his honour called for no reply. His honour also thought that the French patents of MM. Danny, Valcod, Cartier, and Cabanas, which were relied upon, had no reference to the case, no sufficient proof having been adduced that they had ever been put to any profitable use. Amongst other facts relied upon by the plaintiff was this, that the proprietors of two of tho largest mills where Mr. Moral's invention was said to have been anticipated, had lately taken a licence from him, and in one instance had paid as large an amount as 3,300/. for the licence. Mr. Grove, Q.C., Mr. Driece, Q.C., Mr. Aston, Mr. J. C. Mathew, and Mr. Frederic Harrison appeared for the plaintiff. Sir R. Palmer, Q.C., Mr. Edward James, Q.C., Mr. Little, Q.C., Mr. Watkin Williams, and Mr. W. N. Law son were for the defendant. The Vies-Chancellor, after alluding to the long contro versy to which the patent had given rise, said he attributed the greatest possible Importance to the decision in " Ifovill r. Keyworth," especially as to one part of the patent. What had now to be considered was the difficulties that had arisen in carrying out Mr. Bovill's original desi;,-n ; and the question was whether or not in the original process any inconvenience was produced by the blast created by the unassisted natural motion of the stones in blowing out dust, or " stive," as it had been called. Mr. Bovill's statement was that a millstone was a natural blowing machine, and that in every mill there must be a blowing out of dust arising from the motion of the stones, and that the temperature of the air in the millstone case was heightened from the same cause. These statements had been disputed, but several of the defendant's witnesses had deposed to the use for many years past of canvas screens to cover the millstone-box, and to carry off the Aire or dust, and had admitted that there was a pressure of air in the interior of the screens, causing them to belly ont,together with manifestations of heat and moisture. This had moreover been admitted by the defendant himself. As to the specification, his Honour was of opinion that the first part of the claim must be considered a separate inven tion, whilst the second and third might be treated as a combination. The decision of the case rested upon this second part of the invention, and it must be obaerved that the plaintiff entered into no description until he came to the passage which described the sucking away of the ple num of dusty air. Much of th e contention had turned upon the words " in working millstones with a blast of air," and the defendant had contended that " blast " necessarily meant an artificial blast. Now, when the three modes are considered, the working with the natural now of sir, the working with a pipe, and the working with a fan—the nee of the word " blast " must be held to distinguish an arti. field from a natural process. It had been said that Mr. Bovill's statement was a disclaimer, and not a claim, but that was not the decision in " Bovill v. Keywortb." If a " plenum," that is to say, a pressure of air, be produced within the millstone case, and, by means of the process described, that plenum, or pressure, be exactly removed by sucking it away, his Honour must consider that this removal of a " plenum," when it accompanied the use of an artificial, instead of a natural, blast, amounted to a positive claim ; and that all the disclaimer came to was this—that Mr. Bovill claimed this invention of removing the " plenum " only with reference to a blast of air forced through the stones. Now, " Bovilly. Keyworth" was a decision in favour of the patent, and thus far showed that no successful case was there raised in argument against the novelty of any part of the patent. But it also decided this—that there was something described which was callable of being patented ; and that that something was sufficiently described in the specification. So far, therefore, the present suit was governed by authority ; and His Honour must observe that after the plaintiff's invention in 1848 the flood of patents both foreign and English had suddenly ceased, and the right thing seemed to have been bit upon. The objection that Me, Bovill had simply claimed the lame thing as he claimed some years ago his Honour thought was unfounded; and he had not heard Mr. Grove in reply on another objection—namely, that the plaintiff had not been sufficiently explicit in describing the "suitable" porous fabrics by which he arrested the " stirs." It was no part of Mr. Bovill's pat e nt t o describe the best mode of boll . flour. With regard to the great question in the cause—that of the novelty of the patent— I the defendant had not disputed the novelty, if the plaintiff confined himself to a combination of blast and exhaust, and did not claim e x h aus t alone as a new and materi a l , part of his invention. Now as to the use of the exhaust, his Honour had heard evidence as to the practice in no lees than 13 different pleads, as to two alone of which—Houghton and Isleworth, had he thought it necessary to hear a reply. His Honour discussed these two cases, and came to the conclusion that an inspection of the models, together with a minute examination of the evidence, rebutted the first ' impression, which was, that Mr. Bovill's invention had been anticipated in these two mills. The circumstance that in only two instances had any doubt (in his Honour's opinion) been successfully raised, coupled with the acknow- ' lodged usefulness of the plaintiff's process, was strongly in 1 favour of the novelty. Had this discovery been known and open to the whole world, it was incredible that it 1 should not have been used by millers generally, and more 1 particularly by tho se , w h o , lik e some o f t h e w i tnesses in this case, were constantly on the look-out for improve meats. In commenting upon this part of the ease his Honour observed that he considered the testimony of some of the witnesses with reference to mills at Drypool, to be utterly unworthy of credit. Having gone through I the evidence with respect to those eleven other mills, his Honour observed that to try again all that set of facts when there was nothing material in dispute would in his opinion be an idle proem. Then came the question of the foreign patents. One observation applied to them all—namely, that it was not sufficient to show that the actual invention was included in a former specification, unless it was described in that specification in such a way as that it could be worked. It was characteristic of great discoveries both in science and art, that a great many minds being simultaneously directed to the same subject, some one mind more ingenious than the rest hit upon the happy invention. But no invention of • kind that could be immediately carried out in practice was to be found in the French pa tents. That disposed of the whole question of novelty. Then as to the pert of the case that turned upon the in fringement, his Honour could come to no other conclusion than the defendant had infringed the plaintiff's patent ; I and the result will be an injuncti on mus t follow as prayed, with a decree for inquiry as to damages, for an account, and that the defendant do pay the oasts of the suit, act cording to the 43rd section of the Patent Law Amendmen- Act, 1852. 1 COURT OF QUEEN'S BENCH. Sitting, in Banco.—(Before the Lord Chief Justice and Justices Mellor and Shee.) OLIVER V. O'NZIL (CLERK). Mr. Harrington moved on behalf of Samuel Oliver for a rule calling upon two of the justices of Bedford shire to show cause why they should not hear and decide a charge of assault preferred by Oliver against the Reverend Mr. O'Neil, incumbent of Luton. Ile moved on affidavits, made by Oliver and his attorney, which stated that it had been the practice from all time in the parish of Luton for the churchwardens to collect the alms of the parishioners dar ing Divine service and present them at the communion table, and after the service of going into the vestry and twisting the minister in counting the money, and ascer taining if it was correct. On the Sunday in question Mr. Oliver, who was the churchwarden, performed his duty in the ordinary way, and after the ser vice went into the vestry to assist in counting the money, but he no sooner got in than he was several times seized by the Rev. Mr. O'Neil, who attempted to forcibly eject him, at the same time calling him " a vagabond," " a low-bred scoundrel," " a low fellow not worth talking to." The justices heard the evidence, when for the first time the defendant set up a claim to the exclusive right and possession of the vestry, and contended that the jus tires could not hear the case. No doubt the vicar, in the case of a stranger or a servant of the church, might on his refusing to leave the vestry turn him out, but there was no pretence for saying that an incumbent had exclusive possession of the church as against the churchwarden, who had the right to be present in the vestry. The jus tices had refused to decide upon the merits of the case so as to raise the point of law for this court. Rule granted. BAIL COURT. Sitting. in Banco.—(Before Justicesilickburn and Lush.) IN 1/E CUTTS. Mr. Coleridge, Q.C., said this was • rule calling upon Mr. Cutts, solicitor and town clerk of Chesterfield, to answer the matter of an affidavit. The learned counsel said he had not had time to read the affidavits which Mr. Cutts had filed in answer, and as Le (Mr. Coleridge) could not be here to-morrow, he asked that the cane might not be taken before Monday. Mr. D. Seymour, Q.C., said Mr. Cutts was most anxious to have the matter investigated, and his character cleared from the imputation that had been east upon him. Mr. Justice Blackburn said it was usual and very desir able that • case of this kind should be heard and deter mined if possible the same term. It was equally fair and reasonable that the opposite party should have an opportunity of reading and considering the affidavit. Under the circumstances the court would accede to Mr. Coleridge's application, and not take the case before Monday. COURT OF COMMON PLEAS. Sittings in Buena —thefore Lord Chief Justice Bovill and Justices Keating and Smith.) PROCEEDINGS ACAI(BT RAILWAY SHAIIEHOLDCRS. In the comae of the present term a great many applica tions have been made to render railway shareholders per sonally responsible for the debts due from their companies. The course of proceeding is this. A creditor recovers judg ment against a railway company, and, finding no property of the company upon which execution can be levied, application is then made to the court for leave to issue a writ of scire facies against the property of individual share holders. In some instances upwards of 20 shareholders have been simultaneously proceeded against, and there has been necessarily a separate rule and a separate course of proceeding in each individual case ; and of course the costs of such promedings have been ruinous. This morn ing a number of such cases were mentioned to the court, and rules were made absolute for the issue of the writs. The Lord Chief Justice said that it was high time that application was made to parliament to provide a better way than the present for arranging the affairs of insolvent companies ; and in his opinion if shareholders would act together there would be no difficulty in arranging some mode of equitably adjuxting such matters, indeed of the present ruinously expensive course of proceeding. COURT OF DIVORCE AND MATRIMONIAL CAUSES. (Before the Judge Ordinary.) FORD W. FORD. This part heard case was resumed, and the remarkable fact wall elicited, that up to time of trial the parties had actually been living together in the same house, and habitually dining at the same table. Under these circumstances Dr. Spinks contended that the husband'. petition for a judicial separation on the ground of cruelty could not be sustained. ;twain( when oar report left] COURT OF BANKRUPTCY. (Before Mr. Commissioner Hoiroyd.) IN RS . MARCHANT. The bankrupt wea described as a journeyman die tinker, of Peckham. He applied for his discharge from d e bt s o f 144 W., nearly the whole of which consisted of debts and costa incurred in the Divorce Court in a suit which had been promoted against the bankrupt by his wife. Mr. Dubois opposed for the wife, who was a creditor for a small amount for alimony. Ultimately an adjournment we. ordered, to give the bankrupt the opportunity of making an arrangement with his creditors. ItE WAX SPIZOICI. The bankrupt Was; and cap manufacturer, of Camomile-street. He sought his discharge from debts of 7971., giving up assets of 701. lir. Downing opposed for the assignee, who charged the bankrupt with having vexatiously defended an action brought against him by the assignee. His Honour, being of opinion that the charge was wen founded, suspended the order of discharge for 12 months. !Before Mr. Commissioner Gou!burn., IN RE H. A. SINNONDS. . . The bankrupt ••as;ll7hOresal;l;;Crxid cap manufac turer and warehouseman, late in partnership with Frede rick Goodyear and Co., of Old Change, whose failure re cently created some excitement in the C.ty. The case has been been brought into this court through the bankrupt having executed • deed of assignment. This was the sitting for examination and discharge. The accounts disclose large liabilities. The bankrupt owes to unsecured creditors, 6,7561. ; to these holding ', equ i ty, 16,300/. ; liabi li ties on notes di scoun t e d , 1 9,600/. ; ditto qi ' account of the joint estate of Goodyear and Co., 532,110. By property held as security, M,420 1. ; dividend receivable from Heming's estate, 1,090/.; property given up. 4.001. Mr. Phelps appeared fur the assignee' and said th at i t would be necessary to have separ a t e sad joint accounts also cash and deficiency amounts. Hr. Graham, the official agaignee, stated that h e b ud written to the bankrupt, pointing out the debris's:ars in the accounts, and requesting his attendance, but he had never looked near his office. Mr. Howard, who represented the bankrupt, said th a t he had been suffering from illness. An adjournment was ordered till the 29th of July. lii 86 ALICR RAY ()ILIA. The bankrupt was a schoolmistress, at Bishops WA. them, Hants. Debts, 1,0201. ; no assets. This was the sitting fur examimition and discharge; bat the solicitor for the assignees not being prene,,t, Honour directed an adjournment and disallowed solicitor's costs. The same order was made in the rase of T. Jordan, builder, of Redhill, whose debts were only 3241. Afterwards both gentlemen appeared. Mr. Widter. of Portsmouth, alleged as the cause of his absence an ac cident on the South Western Railway. Mr. Jones, of New Inn, pleaded the well km.sc l gifh. culties of the " streets of London," owing to a hi,h ba transit from New Inn to Etasinghall-street, had be.% ay., ably varied by the route of Brook-street, liolhom, sad Smithfield-market. (Laughter.) His Honour acknowledged the cogency of both the pleas, and rescinded the orders which he bad made as to the payment of costa. LAW COURTS' COMPENSATION COURT. (Before H. Scott Turner, Es' q., High Bailiff of Weetininskr, and a Special Jury.) TUXFORD v. THE ROYAL CoMmuavioNEßA or TREED/ Lai COORTB.—HEAVY COMPERmATIoN CLAIM BY A BEEP. PAPER PROPRIETOR. This case, which has been pending some time, sad which created more than ordinary interest, was WM. nienced this morning, and for which three days b a ,, ) been set apart for the hearing. Mr. Tusfonl is the pro. praetor of the Mark-lane Express and some sporting pubg. cations, at 246, Strand, near Temple-bar. The claim was between 30.0001. and 46,0001. Mr. Lloyd and Mr. S.ulood appeared for Mr. Taxlonl Mr. Hawkins, Q.C., Mr. Day, and Mr. McMahon were foe the Royal Commissioners. The Jury went to view the property, and Mr. Lloyd pro. ceede Ito open the case on the part of Mr. Taxford. No other premises could be obtained for his business. yb e claim was a large one, but the losses would be consider- able. Mr. Tuziord was the first witness called and examined by Mr. Sargood. The case will occupy three days if not more. CENTRAL CRIMINAL COURT. (THIS DAY.) (Before the Recorder.) THE TAILORS' STRIKI—CHARGL OF INTISIDATI.IN. William Jelly and John Hall, two respectabtelooking men, surrendered to take their trial for misdemeanour, is having unlawfully conspired together and with other per. sons to intimidate and prevent a person named Margaret Rattenbury from working at her trade as a taibaress. Serjeant Ba'Undue, Mr. Sleigh, and Mr. F. H. Lewis conducted the prosecution ; Mr. Keane, Q.C., and Mr. Ribton appeared for the defendants. Serjeant Ballantine, in opening the ease, mid that although this charge arose out of the strike at present going on among the operative tailors, they had nothing to do with the question in dispute between the master tailors and their men, but the only point to be decided wis whether the prisoners had been guilty of intimidation and endeavouring to prevent the person named in the indict. went from continuing at her employment. Mrs. Rattenbury was then emunined, and the proved that she was employed by Mr. Bowater, a tailor, in Hanover-street, and earned 15e. a week, and supported her husband, who was in the last stage of consumption, and her family by her labour. On the 21st May the defendants came to her house and remonstrated with her for working for Mr. Bowater, and offered to give her 15s. a week, and subsequently 11., if she would refuse to do so. She declined, and various threats were made use of, and she was so alarmed that she war afraid to go out at night by herself. Several other men also applied to her and wished her to give up her work, and she was told that she would be marked if she persisted in going on with her work. In cross-examination Mrs. Rattenbury said that Hall en one occasion told her that if she was molested by anyone she must complain to the committee, and they would im mediately interfere. He also argued with her, and said that if the journeymen lost this strike they would, se she herself had been, be dependent upon charity, and that if the masters succeeded they would be sure to throw her overboard. The Recorder, at the close of the case for the prosecu• tion, said he was of opinion that there was no case against Hall, but the cue must go to the jury against thc ether defendant. After hearing Mr. Keene the jury retired, and they cams back with a verdict of Not Guilty as regards Hall, and convicting daisy of intimidation. (Before Mr. Justice Willem) _ CHARGC OP MANSLAUsaITIII... Margaret Crowley, 47, surrendered to take litt trial oa an imlictment charging her with feloniously Idling and slaying Cornelius Crowley. Mr. ilouston appeared for the prosecution, and stated that the prisoner was charged with the manslaughter of her husband, who it appeared had long been suffering from consumption. They lived together in Baldwin's. gardens, Gray's-inn-lane, and it seemed that ou the 21st May a man named Sullivan called to see the deceased, when a quarrel ensued between Sullivan and the prisoner, who at last got possession of a poker with which she aimed • blow at Sullivan, which unhappily, however, -truck her husband, the effect being is knock out one of his eyes. The husband . was immediately taken to the hospital, where, after lingering a few days, he died, the proximate cause of death being in the opinion of the surgeon the pre-existing disease of phthisis, accelerated by the blow. The learned counsel stated that in justice to the pri soner he must mention that the evidence would show that prior to the prisoner using the poker she had been set upon and very much dittoed, so much so that she was bleeding from the head sn.l face, and farther it was proper he should state that on the inquiry before the coroner the jury had returned a verdict of "excusable homicide." Mr. Justice Wiles said he bad looked over the depo sitions, and he must say that the learned counsel bad Hpaned the facts of the case with equal candour and truth. e (Mr. Justice Wilke) was of moo that there could not be any hops of obtaining • conviction, but if the jail wished to go into the details the ens. should go on. The jury conferred for • few seconds, .nod said they were satisfied, and returned a verdict of X.! By direction of the court the prior ne r wan at once dia. charged. THZ POLICE COURTS. (THIS DAY.) BOW-STREET. THZ LATZ TALL or UOUNIES IN Mr. 11nm:m, inspector of the F,:tsi•su of police, traduced the Rev. T. G. Littlecott e sitting turf** trate, Mr. Flowers, for the purpose et ni.sing au /POI"' tion under the following cireumetann, . Mr. Brannan said theta number of :•. • .1- persons, hiehtd . ' ing about fourteen families and al had been rendered homeless and 1. pr,,,,1 of what little furniture and effects they had beet. : .....eased of by the recent fall of the two houses in 'I .I,ent'sdane, where they had been lodging. Some sort . • • umorary shelter had been found for them by homer • ,•m, by kind per mmmisaicotinmom% if th m e m co o m viu m f iss m i m one: e . • th m e mnd bu ed t!ain ne : which have lately been cleared wit!, • tins to their de. si law courts. This, however, was , temporary expe dient, and they must as soon a. p•,- • provide th of em selves with some other dwelling pl ,• The difficultY doing an was aggravated by the wart r,:rniture. The Rev. T. G. Littlecott said it .rolvoed to g et u l subscriptions, chiefly in the parish ueighbourhood o Sc. Clement Danes, and several gent:e. ,,, ~,,f local staudmg were willing to subscribe. The objc.-t • the present inter view was to ask the magistrate to h. , 'hr list Mr. Flowers, after some considerat consented to gi.• a sum of td. from the poor-box. WORSITIP-STREI , r. ATTEMPTED 8U1C11 , 1:. A** Dryer, 50 years of age, was enar.led with attempfe ing to commit suicide in the river Frederick Askers, • young boatman on that river , sai d — About half-past 12 o'clock yeatenlav naming I saw this old lady take a run right into the wat, r and strike out like a man swimming. I got a boat and a. nt after her, but she would not be saved. I held out t'.•• .Lolls, as I have to others before, and in that way a." ' them, but ne she would not catch hold of them, so wa, to get : bee to shore with a boat-hook, and then she bloomed me up for it. Mr. Newton—What did she *y? Askers--Wliy, that if 164,1 lei 1.. r alone she should have been comfortable as a biddy teat time. I toes know what she had been doing. 1 a r body was black and blue all over; and sho said that tried to choke herself two days before. Defendant would not assign any re • • to the magistrate for the attempt, and the police a 1.,. .1 that she had not I A