The Express.
London, England, 1862-11-25 00:00:00

THE EXPRESS, TUESDAY EVENING,

7

14a, Bd. ; proceeds of a collection by- the BIM. W. WOO,
St. George's-in-the Fast. 59/. 31. hd. ; collected in St.
Botolph, Bishopegate, &W. 6s. Bd. ; weebmen In the
locomotive carriage department, South Eastern Railway,
501. ; St. Helen's parish, Bishopegate, 70i. ; premeds of an
amateur uncut given by the oaken of the 7th Rifles
Depot Battalion, Winchester, 534.75. 9d. ; collected at St.
Ann's, Stamford-hill, 951. lls. 2.i.
Sr. GROROE'S-IN•THE-EAST.--011 Sunday last
collections were made at Christ Church, Watney-street, St.
George's, East, one of the poorest parishes in London, when
the sum of 422. Bs. 3d. (including 21. 7s. Id., the subscrip-
tions of the children belonging to the Christ Church schools)
was raised. The amount given comprised 830 coins, showing
the deep sympathy of a large congregation of poor for those
more distressed than themselves. The money has been
handed over to the Lord Mayor by the incumbent, the Rev.
George H. H. Gill.
STAFFORD. -A county meeting of the inhabi-
tants of Staffordshire was held yesterday at the Shire Hall,
Stafford; the High Sheriff in the chair. The chairman
briefly moved a resolution, expressing sympathy with the
distressed operatives, and this was seconded by the Hon.
Colonel Littleton, who expressed the regret of his father,
Lord Methadon, at not being able to be present. The Earl
of Rarrowby moved the appointment of a county commit-
tee, and the Right Hon. C. B. Adderley, M.P., seconded the
resolution. The Earl of Lichfield moved a resolution, to the
effect that the money and clothing should be forwarded to
the Central Relief Committee at Manchester. He said it
was a matter of regret that there should have been formed
two great committee', as the funds would have bees better
dispensed by one only. Several other noblemen sad gen-
tlemen afterwards addressed the meeting. Two thousand
five hundred pounds were subscribed in the room, of which
Mr. Smith Child gave 1001., Mr. Wood 1001., Mr. Bristow
1251., Lord and Lady Shrewsbury 2401., and Lord Bather-
ton 2001.
SOUTHAMPTON.-Four boxes have been affixed
outside the Southampton Town-ball to receive subscriptions
for the relief of the distressed in the North.
THE PROVIDENT SOCIETY'S COOKING KITCHEN.-
Daring the week ending on Friday, dinner was provided
daily for 145 girl/ attending the Sewing School in Garden-
lane, Lower King-street, which has been opened by the
District Provident Society. A detailed statement of the bill
of fare for each day may be of service to others who
contemplate establishing similar institutions. On Mon-
day, 152 pints of potato hash were made, the expenses
of which were as follow score of potatoes, at Mid.,
7s. Bd. ; 121 b meal, at 6d., Os. ; lib. onions, led. ;
dripping, 3d. ; pepper and salt, led. ; total, Ifs. Id. On
Tuesday, 132 pints of coffee were made :-21b. coffee, at
ls. 2d., 2s. 4d. ; 4 quarts milk, at 3d., ls. ; 711 b. sugar, at
40., 2s. ; total, 63. lid. Breed (which was given
every day) and a slice of bacon to each girl, completed
Tuesdays dinner. The bacon used for the purpose was
18ilbs., at 4id., Os. 110. On Wednesday, 191 pints of
soup were made. The water in which the bacon for the
Tuesday's dinner had been boiled was used far the
SOWN and in addition the following :-38 quarts of eras,
at 4d., 12s. Bd. ; bones, 6d. ; Ilb. meal, 2d. ; 1 onions,
1 ; pepper, salt, and mint, 3d. ; total, 13s. 844.
Thursday's dinner was the same as Monday's, bet cost
21. more for another pound of onions, and an additional
pennyworth of pepper and salt. On Friday, 123 pints of
rice milk were made ; 141ba. rice, at 144., L. 5.
41}(1.; 12 quarts
milk, at 3d., 3s. ; 34th. auger, at 414.. Is. 3 . : total, Is.
91d. The bread used during the week, and given with each
dinner, was 1541 b. at lid., 19s. 3d. The total expenditure
of the week was 3/. 19e. lid., and the receipts from the
girls' pennies amounted to 21. 15e. Id. Besides the food
consumed by the girls, the following was given away, the
cost of which is included in the foregoing : 30 pints of
potato hash, l=pints of coffee, 60 pints of soup, and 13 pints
of rice milk. If these had been paid for, 9s. Id. would have
been added to the receipts, making the actual cost of the
kitchen for the week (irrespective of cooking utensils, &c.),
14s. 1144.-Manchester Guardian.
ACTION OF THE POOR LAW BOARD.-We
learn that the Poor Law Board have issued orders autho-
rising the guardians of two of the Lancashire unions, those
of Preston and Blackburn, to borrow money under the pro-
visions of the Union Relief Aid Act, 1862. The order in
each cue recites that the guardians had found that the
aggregate expenditure in and about the relief of the poor of
vrole union, for the quarter ending at Michaelmas last,
exceeded the rate of three shillings in the pound per scum
on the annual rateable value of the property comprised
within the union by the sum of 2- ; that the guardians
had resolved that an application should be made to
the Poor Law Board for power to enable them to borrow
the amount of such excess ; and that the Poor Law
Board had made due inquiry into the circumstances of the
union, and found that the total amount of such exams was
the sum of 2-. Then the board, by the order, give au-
thority to the guardians to borrow the amount, and to
charge the common fund of the union with its repayment in
the manner provided by the act. The order to the Preston
Union is dated the 10th November. and authorises the
borrowing of 3,8901. Os. lid.; and the order to the Black-
burn Union is dated the 21st November, and authorises the
borrowing of 2,8201. The Union Relief Aid Act has thus
been found to supply a ready and inexpensive means for
boards of guardians in the distressed cotton districts to
borrow all the money that they may expend in and about
the relief of the poor in excess of 3s. in the pound.

EQUITY COURTS.—Nov. 24.
(Before the Matter of the Rolla.)
TAN OUTDO V. DIOBT.
The plaintiff, a natural born French subject, who is
domiciled in France, filed • bill in this case, praying that
the settlement hereinafter mentioned might be declared
void. The bill also prayed if the settlement should be held
to be valid that the trusts of it might be carried into execu-
tion under the direction of the court.
The facts clearly appear in his Honour's judgment, which
was delivered to-day.
Hie Honour said this was a suit to obtain payment of a
sum of 7491. odd, belonging to the wife of the plaintiff at the
time of her marriage, and which was the subject of an
instrument then executed. The question was whether that
instrument had any validity or power as regarded that
sum, and if not, then whether by reason of any engagement
on the faith of which the marriage took place, the plaintiff is
bound to give the same effect to the provisions of the
settlement as if it had been originally valid and
effectual. The marriage took place on 11th August,
1856, in France, between the plaintiff and his
present wife, who was then residing in that country.
It was a French marriage, and entered into with • view to a
permanent residence and domicile in France, which has,
since then, taken effect. The settlement had no legal opera-
tion in France, and the evidence is unquestionable that by
reason of non-compliance with the requirements of the
French code that document would be utterly disregarded in
a French court ; that, however, did not dispose of the apes-
tion. It was the law of this country that if a foreigner
and an Englishwoman made an express contract pre-
vious to marriage, and on the faith of that contract
the marriage took place, and if the contract related to the
regulation of property within the jurisdiction of this court,
and subject to the laws of England, in such • case the
court will administer the law on the subject as if the
whole matter were to be ruled by English law. The first
question, therefore, now to be considered was, which is
the forum contractile. Is it • French or an English contract.
Whichever it be, the law of the country governs the con-
tract. By this was not meant the mere place where the
contract was made, because undoubtedly Englishmen
abroad may, and daily do, enter into English
contracts to be governed by the law of England,
and foreigners have made contracts to be regu-
lated by the laws of their own country. Supposing,
for illustration's sake, an English man and woman, under
no disability to contract a marriage inthiscountry, intending
to change their domicile and permanently to reside in
France, and do reside there, and that for such purpose they
make in writing a contract before marriage to the effect
that all the property of the wife shall be vested in trustees,
to be held by them in conformity with French law, and to
be subject to the law of France. The document (the con-
tract), it was to be assumed, would have no validity as a
marriage contract between French persona, yet in after-
wards administering the property comprised in it for the
husband, wife, or children of the mamrge, the court would
follow the rules of French law on the su and so it was
to be apprehended that the } rem& tribunals
would give effect to the same instrument, not
as possessing any legal validity in Fusin, want
ing, as it would be, in the proper formalities ;
but by the exercise of a species, of comity of nations effect
would be given to the contract, the object of which was to
alter the forum contractile; by reason of the provisions con-
tained in the instrument itself. 'ln the case supposed the
marriage would be English and according to English law ;
but the contract, though English, would really be that the
matter should be governed by French law, • contract not
illegal itself. In like manner, the settlement in the present
case was not a valid French contract, but it might be
binding on all parties to it as a contract entered into for
value, relating to and affecting property in England,
if the effect of it be that the subject matter
of it se between the husband and wife were to be
regulated by English law. It was to be regretted, however,
his Honour said, that the opinion of • French jurist had
not been taken upon this view of the question. His Honour
then stated the provisions of the settlement, by which
certain personal property to which the wife of the plaintiff
was entitled under • will, was assigned, in consideration of
marriage and with the consent of the plaintiff, to trustees
upon trust for the wife for life, after her decease for the
husband for life, and after the decease of the
survivor for the children of the marriage. This
settlement, the day after it was executed, was found
to be invalid as not being made before a notary public, and
duly registered in the French form. The parties declined
to postpone their marriage in order to the preparation of •
more formal instrumeut, and were married on llth August,
1856, having first declared, as they were bound to do, that
no contract had been made by them. There was no fraud
in this, and the real state of things was explained to the
mayor, the notary public, and the trustee, who was pre-
sent. But that declaration only meant that they had entered
into no contract according to French law. His
Honour then put the case of persons about to
be married in France, and possessing property both in France
and England. They may, in pursuance of stipulation to
that effect, execute an k.nglish settlement of the English
property, and a French settlement of the French property.
Both documents would be available in their respective coun-
tries, although of no validity per se out of it, unless by; the
exercise of that comity of nations before spoken of. His
Honour then examined the circumstances under which the
settlement was made, and added that the con-
tention of the plaintiff as to the validity of the
instrument could not prevaiL He entered into a
solemn engagement, on the faith of which the marriage
took place, and the property became vested in the trustees,
and but for which settlement its destination might have
been different. Could the plaintiff now dispute it, or say
he wee not bound by it! It was said it had no validity in
France, still it might have been made valid there by the
adoption of the proper forms previously to the
marriage. But assuming it not to be valid in
France, his Honour thought the evidence established the
conclusion that the contract was that the property
should be subject to English law, and the plaintiff,
who wash consenting party, could not now come and say be
was not bound by the contract because it was invalid in
France. The trustees would have been liable to a suit by
the children if they had parted with the money suit
by
plaintiff.
His Honour then added that the costa of the trustees
should be paid out of the fund, otherwise they must be
paid by the plaintiff.
Mr. Everett, Mr. Pole, and Mr. F. Webb appeared in
use.

COURT OF COMMON PLEAS.—Nov. 24.
Sittings in Basca.—(Before Lord Chief Juatice Ede, and
Justices Williams, Bytes, and: Keating.)
CAWTHOIIIII V. CORDEREY.-VIRBAL AGRIEILMENTS.
This was an action to recover damage* for the dismissal
of the plaintiff from his employment of book-keeper before
the expiration of the period for which he had been engaged ;
and the trial took place before Mr. Justice Willes a few
days ago, when the verdict was for the plaintiff for 60f.
Mr. Huddlestoo now moved for a nile for anew trial, stating
thatthe contract was entered into on Sunday, the 23rd March,
and the contract was to employ for a year from Lady day.
Another circumstance was that 20/. was paid on account on
Monday, the 24th. and the jury found that this was a
ratification of the contract. The point submitted to the
court was that the contract was one which could not be
performed within the twelvemonth, and that, therefore, it
was void under the 4th section of the Statute of Frauds,
because it was not in writing.
The court after some discussion granted a rule.

COURT OF BANKILLIFTOY.—Nov. 24.
COSTS ON PETITIONS.-NEW ORDER OP COURT.
By a recent order of court, it is directed that all traders
presenting their own petitions shall, in case their debts are
above 300/., deposit 5/. with the official assignee, and 5/. with
the messenger, as security for the necesaary expenses of the
court ; in cases where the debts are below 300/., the
deposits to be 51. and 31. reapectively. This is only a
variation from the ordinary practice so far as regards the
deposit with the official avaignee. The order is at present
confined to the court of Mr. Commissioner liolroyd, but is
expected to be confirmed by the other commissioners.
(Before Mr. Commissioner Goulburn.)
IN RE WICILENDEN AN) MANSELL.
This matter, involving some questions arising out of ■
deed of armament, has been several times before his
Honour, and an order was made on which notice of appeal
was given.
Mr. Lovell now moved to vary the terms of the order, on
the ground that be had not been heard on the merit. of the

question.
After bearing Mr. Lawrence on the other side,
His Honour said the case had been very fully argued be.
fore biro, both on the question of jurisdiction and on the
merits. The learned coursed bad been beard in eaten** for
the better part of an hour, and now he complained that the
affidavits, which contained much irrelevant matter, were
not read at length. This was wholly unneoeseary, and
I would have occupied the court two days. It was rot done
in any court of equity. The motion was most extraordinary,
to oak to vary au order which was actually under appeal.
The only object appeared to be to swell thecoetaon each side,
there being a food of 9001. to which the unfortunate credi-
tors were entitled, but would probably never get. The
motion was unprecedented, irregular, and unnecessary, and
must he dismissed with costs.
IN BEATIVINNON.
The bankrupts were builders, of Northampton. This
was tbe sitting for examination and diasharge. Unsecured
debts, 1,4621. ; assets returned at 3004 ; secured debts,
8,1001. The accounts were prepared by Messrs. Paul and
Turner.
their examination ; the order of
The bankrupt,' passed
discharge was adjourned.

CRTETEL PALLOR. -- ONE SHILLING
MONDAY, NOVEMBER 24.—Admiegions ea payment, 307;
lino by season tickets, 573 ; total, 960.
Da. DE JONOH'S LIGHT BROWN COD Isllf KZ OEL.—
in case* of general debility the restorative powers of this Oil
bare been remarkably manifested, and It has boas resorted to
with the most beneficial effects atter the whets range of ordinary
tomes had bass In rain ezbasetod. Dr. QM, writes Where
the powers of We are low, it affords noorialunant to the body
when no other can be borne, and furnishes the frame with tat is
•troly wonderful manner.- Sold only In coyeaded bottles,
ne, ea.. sa, sd., and Ss., by Dr. de Jonah's agenu, Garr, /lab
lard, and 00., 77, Strand, London, and chennsts.--(Advertine-
mandj