The Express.
London, England, 1863-07-15 00:00:00

LONDON, WEDNESDAY EVENING, JULY 15, 1863.

GOLD REVIVER, le. 61 per bottle ; Electro-
plating Meer, Is. Bstabllshed more than 20 years, for
rendering old gilt frames, and woru.od plated articles. new. by
a single application.—FOE S3lllll, 281, Strand, W.C. ; Deane,
London-bridge; Barclay. Farringdonatreet ; Appleby, Sotto
B.anor; Kennedy, Pantheon Cleaver, 63, Ozionl-ttreet Minn.
Hampton, B.W. ; Jackman, 9, Westland-row, Dahlia.

PAGE'S BRICK, Tile, and Pipe MACHINES,
for hand, hone. or steam power, are the meet simple and
efficient ertant.—Full rbarticulars and prices ObiliDed of she
makers, K Page end Co., Laurence Newton-place, Laurenice
Pountney-Mll, Canocewtreet, KC.. where Way Wog be men in
operation daily.

LADIES' NEW SEASIDE SUITS, in all the
Ne. and most useful Materials, from Us. Sd.. complete.
BAKER and CRISP, REMOVED fruit 11l to US, Regent-
street, nearly opposite Conduit-street.

MOIRES ANTIQUES.—SEWALL and Co.
have the largest seleetloaotMOTßlSl A NTICCES le white,
sag Mt the new COlOllll. at 41 pilaw the drum
COMPTON HOUBM Frith street, Soho. W.

OINTLIMSYS DRESS.
GENTLEMEN are invited to inspect the NEW
STOCK cd WALKING sod OVERCOATS, kept for In-
spection or ask, at HAMILTON sad KI Arrows, TeWn. 101.
opposite tzeter•leelL

RIMIKELI3 PKIIFITMS FOUNTAIN, aa wed
..ILW in the Primate of Wake bridal bomb* at Windsor Castle,
is now extensively patronised by the w.bility and gentry for the
draerielprocn, be&rootn, 'upper table, Se. Price from Al tee.
Also Lent on litre fur Bassara and Parties.—Sold by all the
trade.—RIMMEL. perfumer by appointment to her Royal
Rillasow the Primate at Wale.. 96, Strand, sad lA, GoadhilL

GREY HAIR-CLEVELAND* WAIINIIT'
POMADE will ohmage grey hair to the original colour,
darken red or light hair, prevent its falling off, and greatly im-
prove its appearance. Price la. (id., Ys, 64., and 3s. 6d. ; • sample
1...z.,p04 04 stamps—DePOt. kn. Gower street, Bedfordkquare
and all chemists mad perfumers. Cautlon.—Thera are
worthless tmltatioas of ads article, therefore oak for "Cleveland's
Walnut Pomade latabilkhod 1815.

rro LADIES.—ROWLANDS' KALYDOR, an
1 Oriental Botanical Preparation for Improving and Beauti-
fying the Complexion and Skis. The radiant bloom it Imparts
to the cheek, and the softness and delicacy which it induces of
the hands and arms, Its capability of soothing irritation and re-
moving all redness, tan, pimples, spots, freckle', diseoloratione,
and other cutaneous visitations, render It indapenaatile to every
toilet. It obviates all the effects of climate on the skin, whether
with reference to cold and Inclemency, or Intense solar hest.
Price 4a. 6.1. and its. 6d. per hottle.—Pold at 20. If tton.garden •
and by chemists and perfumers. Ask for "Rowlands Kalydor,"
and beware of spurious and pernicious articles under the rum
of " gAixdon"

THE QUARTERLY REVIEW, Ne.PCXXVIL,
will be published on SATURDAY nett.

COUTENTS ;
1. Nubia.
2. Natural liktory of the Bible.
3. Glacial Theories.
4. Our Colonial System.
6. Washingtoe Irving.
6 Modern tiptritualusm.
7. The Nile—African Discoveries.
IL Booted Trees and Flowers.
9. goose u It Is.
John Murray. Albemarie-street

Now ready at all the Übrezies. crown tlm, price vs.,
BEAUTIES of TROPICAL SCENERY, anal
other TROPICAL FORKS. With Notes, Historical and
Explanatory. By the Author of " The Nuptials of Barcelona"
• This work contains many beauties."—Morning Post.
"A volume of word.p•ctures "—Observer.
"Ills descriptions make the reader's mouth water for the luxu-
ries and charms of both sea and laud in those parts"—Era

"London":

Now read, aro. 108 pages, vice Is.,
THE CHRISTIANS in TURKEY. By the
Her. W. DIMON, Author of "Beryl* and the
Boehm," Be.
London : Bell and 061dr, 180. lleetatreet.

TELEGRAPHIC INTELLIGENCE.

Caturra's vaissiaams.)
THE POLISH INSURRECTION.
CR it,OW, Joir 14.
A sanguinary engagement took place upon the
7th instant at Nowawies, in the district of Kasai.
The insurgent leader Wawer had desperate con-
flicts with the Russians at Sapockiny, in the district
Augustowo, upon the sth and 7th inst.
An engagement occurred on the Bth at Ws.lewice.
A numerous band of insurgents is collecting near
Dubno, in Volhynia.
The Russians have arrested many landowners in
the kingdom of Poland. They have also hung M.
Gaczowski at Kielce, and M. Wianiewski at Radom,
with seven others.

An order has been issued prohibiting persons
from travelling from one village to another without
a passport.

BERLIN, JOLT 14.
The Ost Deutsche Zeitung of yesterday publishes
the following dated Wiles, July 9 :
"General afouravieff issued a decree on the 7th
inst., ordering that all moneys taken by the in-
surg•enta from the state or commercial treasuries
shall be refunded within ten days by the Polish
land proprietors in each district.
" Forced sales will take place on the estates of
those who refuse to comply with this order."

THE CAPTURED ITALIAN BRIGANDS.
PARIS, JOLT 14.

The Constitutionnel of this evening contains an
article, signed by M. Boniface, upon the recent
arrests of brigands on board the packet Aunis, at
Genoa. The writer says :—" The Genoese police
boarded the packet and arrested the accused before
any intervention on the part of the French Consul,
who was not even informed of their intention. We
await fuller details in order to know to what point
the respect due to the French flag has been com-
promised, and what measures of reparation will be
offered bythe Italian government"

CALCUTTA, CHINA, _ AND AUSTRALIAN

errs.

The following telegram has been received at Mr.
Renter's office from the Peninsular and Oriental
Steam Navigation Company :
" MARSEILLES, JOLT 14.

"The Enxine, with the above mails, reselladbi ar-
senics at 2 p.m. this day. The mails leave for
London at 5 p.m."

LAW INTELLIGENCE.

EQUITY COURTS.—JLLY 14.
Wore Vim-Chancellor Sir J. Stuart.)
LAVOIGNA2 V. WHITS—THY COUNT/DA DLLL& UT& V. LOUD

nnENOM
The pert-beard arguments In these mumps were concluded ,1
this afternoon. .It will be remembered that the object of
both suits is to administer the trusts of • deed of settle-
ment, dated the 30th August, 1852, whereby Lord Vernon
covenanted with the trustee' of it that be would during
his life pay 1,0001. per smitten to them, for the Counter
della Seta for her life, for her separate use, with • restraint,
oa anticipation, in case of her marriage ; and that after her
death they should pay 2001. out of the 1,0001. annually to
sock of his four daughters by the countess, and the residue
to himself. The • deed also provided that on the death of
Lord Vernon the daughters should become entitled
to a sum of '20,0001., as therein mentioned. Lord
Verson first betimes aoquainted with the countess, a
Fressob lady of the name of Lavoignat. in Italy.
is 1812 when she was 19 years of age, and the result of
that intense) was the births of four daughters. In 1852,
Lord Vemoe separated from her, and made the settlement
already montioried. In 1853 the countess marned her
meant husband, the Count dells Seta. In 1838 one of
the daughters died. The surviving daughters, however,
continued to live with their mother, and travelled with her,
going, among other places, to Cairo. There, however, it
appeared that they fled from her house, and ultimately
took refuge, or were provided by the trustees of the settle-
ment with a house, at an educational institute at Turin,
where they now are. Lord Vernon. having inquired into
the circumstances under which his children bad left their
mother's house, came to the conclusion that there were such
save charges of misconduct made against her, that, if
true; she was so baser a fit person to have the
care and custody of the children ; and he accordingly di-
rected the :mates@ to withhold any further payment of the
annuity to her and to see to the institution of the first above-
named canes, in order to make the children wards of court.
That having been dorm the countess's advisers forthwith
filed the b in the second suit, on her behalf and elm on
that of the children, to carry out, as already remarked, the
trusts of the settlement. It appeared that the countess was
at one time herself desirous of relinquishing the custody of
the children. The next step taken in the suit was a motion
on behalf of the countess for en injunction to restrain the
trustees and Lord Vernon from parting with any of the
trust funds in their hands except in accordance with the
terms of the deed ; but an undertaking wee given by them
to abide by it. A summons was then taken
out in chambers as to the guardianship of the
children and for other purposes, and an order
wee made whereby the rum of - 4001. per annum was
directed to be paid to the countess until further order. One
of the daughters having been suddenly taken ill of &typhoid
fever, the countess bad gone to Turin to see them, Imes for
that purpose having on the 9th July been given, subject to
the approval of the young ladies' medical men and their own
wishes on the matter, but the countess sou not to be
allowed to interfere with their care or custody. The
countess, on arriving at Turin, was refused admittance to
her invalid daughter, and a motion was now therefore made
on her behalf for an order to secure to her the unrestricted
access to her children, and as she was dissatisfied with the
small amount of 4001. per annum ordered to be paid to her,
for au increase of that sum to 7001. per annum. There was
I also • cross motion oo behalf of the infants, co-plaintiffs io
the countess's suit, to strike their names out of it (their
interests being opposed to those of the countess, and two
suits for the same object being irregular), and that the
next fried therein might pay the costs of that suit, and
consequent thereon. The causes were originally heard in
private, with the consent of counsel for all parties, and on
the application of the counsel on behalf of the infanta.
Lord Vernon had paid the annuity punctually, until the
above-mentioned direction given by him to the trustees in
respect to it. It was stated by his counsel, in the course
of the arguments, that Lord Vernon desired on his own
account full publicity ; but that he had commented
to have the MUMS beard In private, to avoid disclosures in
coonexion with the countess's conduct, which might other-
wise be prejudicial to the infants—the eldest of whom was
about 20 years of age, sad the youngest 15. Frequeotly,
during the course of the arguments, the court adverted to
its practice of hearing family Amiss, when the interest of
infants was involved, in private.
Mr. Melina, Q.C., and Mr. Henry Stevens appeared in
support of the countess's motion ; Mr. Bacon, for
Lord Vernon ; Mr. Greene, Q.C., for the infants ; Mr.
George lake Unwell for the trustee. of the deed.
The Vice-Chancellor said there are severed questions now
to be disposed of by the court in this case. One relates to
an application on the part of Mr. Greene's clients that the
names of the latest plaintiffs in the countess's snit may be
struck oat tberetroni, or otherwise that all further pro.
reeding. in that suit may be stayed ; and that Mr. J.
Staunton, tbs. next friend of the infants in that I
suit, may pay all the costs of it, and consequent
thereon. The second the alternative branch of
that application, is, I think, wholly uonemesary,
because, after hearing Mr. Matins, who has most
ably argued *case of this kind—and snob parts of the evidence
as I have thought fit and proper to hear on them motions—l
amof opinion theta most unfortunate mistakehas been made
in filing the counteas's bill, in which the infant children
are made co-plaintiffs with her. Os the 23rd June the
infants were, and had previously bees, made wards of this
court, in a suit properly instituted, sod in which all that
was necessary to enable this court to do everything that was
right and proper, and fur the benefit of the countess and
the children, bad been completely provided for. I have en-
deavoured to see if anything could be found in that suit,
which on a fair conaiderstion of it would lead any one to
suppose that muse could be obtained for the intents
by auother ; but I have failed to discover anything
of the sort. I took occasion to observe in the Goatee of the
argument—and I now repeat the same thing—that the care
and custody of infanta is one of the most importeot duties
entrusted to this court; the powers conferred upon the
court for its jurialictionlin that respect are very great, and
the duties of all concerned io such saes—of the next friend,
of the solicitor, and of the counsel of the infante, who but
for the assistance of the court so invoked would be help-
less—are very grave indeed, and impose upon all par-
ties the most serious responsibility. In this case
I can come to no other than one coocluaion—that
the bill filed on behalf of the counties and her
children was improperly filed. The mistake is a very un-
fortunate one, for it necessarily involves the next friend in
considerable expense. I thought, at the hearing in private,
that everything that had been done was done calmly and
deliberately, and all questions there put in a proper train
fur final settlement and adjustment ; but Mr. Malin& io the
arguments now urged before rue, has endeavoured to show
that the matter was finally disposed of. I wish it had been.
Is truth the only order that was then made was, that •
centre° sum of money should be paid to the countess. As
matters stand at this moment I must decide these motions
as upon • case of adverse litigation, and looking at
it iu that view I think the case is this: through
some mistake or other, the next friend of the
infant ou the countess's suit has improperly filed • hill on
their behalf, and the expenses of his having so done must
be paid by him. The order therefore on that part of the
case which I must now make is this ; that the names of
the infant co-plaintiffs in the countess's bill must be struck
out therefrom, and the next friend in it must pay the costs
of that motion. That, however, when done still leaves •
bill upon the file, of so strange a character, and is so anom-
alous • condition, placing another equally helpless litigant
in such • painful situation—l mean, of comae, the coun-
tess, a lady who fully deserves all the kind
consideration of this court—that I again seriously
request her counsel, as I have again and again
requested them, to consider whether, incapacitated as the
lady is, from the fact of coverture, to sue otherwise than
by • next friend—whether the interests of the lady will
not be really and truly best consulted by now taking her
bill off the file altogether. I see uo reason why any ques-
tion relating to her, or any claim en her behalf, cannot be
made io the former suit as well as in bees. The fullest
consideration of the court is due to her, suing here as a fo-
reigner, • married woman, and I cannot help saying under
some sort of mistake and misapprehension. I have no power
to order the bill to be taken off the file ; buts part of the
arrangement come to at the bearing in private wee, that all
the charges and countercharges, and the threatened investi-
gation, should be abandoned, 1 have &gals requested the
attention of the lady's counsel to this point. I think if all
the affidavits which have been filed were to be taken off the
file it would be the best and wisest course for the lady.
Still, if she insists on prosecuting her suit, and her deems ,
think it proper, she has a full right to abide by their geld.
alma. AU that I would suggest is • calm sod ,
sionate consideration by her and them of her true interests;
but there, so far es 1 and my duties are concerned, the mat.
ter must rest. The next question that I have to dispose of
is that part of the case which seeks to restrain Lord
Vernon and the trustees from applying the trust funds
in their hands, or which may come to their
hands, otherwise than in accordance with the terms of the I
deed. After what has been mid on behalf of Lord Verson
and the *oaken, as to the payment in full of the ausaity
iu advance, and his desire to carry out the trusts of the
deed, I think I may mender that question disposed of.
She appears tom. to have received all she is at present en-
titled to. Then with respect to Mr. Malice's motion to in-
crease the allowance of 4001. to 7001. per annum, I think I
have no power to make such an order. The deed under
which the countess claims, contains certain trusts, by virtue
of which the right to the money settled thereby is vested
absolutely in the trustees' of the deed. It is their
duty to perform the trusts of it ; three trusts are
very plain, and among them is see to pay to
the counters 1,0001. • year, on the condition of
her maintainlim and educating her children to the satis-
faction of the tender. Part of bee own case, as shown by
bee own letters, is that she is no longer maietaintag them ;
and lookiaa the wort meat, at the discretion vested by the
deed in this trostees—lookiog at the way is which that
discretion has been exercised by them—and upon every kind
sad humane consideration of the duties performed by the
trustees—l think the court ammot interfere in the matter.