The Express.
London, England, 1862-03-13 00:00:00

THE EXPRESS, THURSDAY EVENING, MARCH 13, 1862.

tato intdligna.

EQUITY COURTS.—Musa 12.
• (Before the Lords Justices of AppeeL)
LONACT-12 %INDIUM.
Yr. Bases, Q.O. proceeding with his argsmest ea behalf
of tbe regpondents is this cue, went at great length into the
afikluits which. had beim tiled for and giant the <ritual ap-
plication for an *sky—arguing therdrom that all bad been
done which was newsgary for testing the accuracy of the
facts within the knowledge of the petitioners for the in-
quiry, and of the evidence adduced by them in support of
the inquiry—had been done before the order for an inquisi-
tion was made, and was known to and acted upon by the
court when they directed the ioquiry. The learned counsel
(with whom was Mr. Bidwell) bad not concluded hie
address at the rising of the court, but is to resume it to-
I =wow (this day).
(Before

Sir R. T. Hindersley.)
LORD LOYAT V. MR DUCHIES OF LIED&
This cue came on on further consideration, and several
questions arose. Ose was as to whether upon the words,
and to defray all Was, parliamentary, parochial, and
otherwise, affecting the am* hereditaments, or any of
them," in the will of the late Duke of Leeds, the property
sod income tax was to be paid by the trustees or by the
clueing; who is tenant for life of Horuby Castle and
pounds.
The Vice-Chancellor laid the question depended on the
words "affecting the same hereditamente." It wu said
that such tax did not affect the hereditamenta, and
that it wu not a tax charged on the lands but on the
occupier. There was no other tax except the land
tax, which wu made a charge on the land. He thought
the income tax affected the land as much es the window
tax, or any other tar which a person bad to pay by reason
of his occupancy of the house, affected the house ;
and he was of opinion therefore that the trustees must pay
the property and income tax, as wall as the other taxes.
Another question which was raised was whether the
surplus rents were to accumulate to pay off mortgages, and
bin Honour held that they were to be accumulated for
that purpose, at lout during the life of the pelmet duchess.
Mr. Baily and Mr. Renahaw appeared for the trustees ;
Mr. Olasse and Mr. Kasslake for the duchess ; Mr. Ampblett
sad Mr. E. F. Beath for the presest duke.

0017 RT OF PROBATE AND DIVORCE.
11Aaca 12.
(Before the Judge Ordinary.)
NUIDLOCIO9B V. DURNOINDUI AND lILLCOCIL
(Continued from yesterday's Express.)

Mr. Francis Clowea —I am • medical man at Statham, arid
am engaged to be married to • shier of Mrs, Burroughs. I
am also • seoood cousin of Mr. Saco& I have. been the
sole medical attendant of Mr. West's family for the last
two years. I did not attend Miss West at Christmas, 1860.
I did not attend her from Much 186% till April, 1861.
Cross-examined—l remember Mrs. Burroughs leaving bar
husband, and I was with Mr. Burroughs on the more day, in
compsa) with Mr. White. We had • dry pips, bat we Lad
no drink. I will swear that. I was with Mn. Demand'
• day or two before she left. She had seat me • note
desiring me to call. I advised her to go away, bat I ain't
remember what I said. I certainly could not have treated
her as an innocent person. I was very confused while I was
will her. I don't remember whether I mid anything to
her about being reconciled to bar husband. Between
March, 1860, and April, 1861, I was in attendance on other
members of the West family. I attended the family in
May, July, October, and November, 1880. There is also
one bottle of medicine for the son In December.
M2ll. LOU/111 West, wife of the whales John Merriman
West—l remember my husband and son gung
to Holkham. Mr. Burroughs came at eight or Mlf-
put, and be left at one. We played whist all
the evening. I never left my daughter with him
for more than Ma minutes when I went to order the supper
tray. I certainly did not go into the kitchen to sit with
Jane Gibbous, the servant. I did not stay in the kitchen
for half an hour or an hour. While I was in the kitchen
she did not go into the drawing room. She followed ms
there with the tray.
Cross-esaminsd—l did not go to bed at all that night ;
but my daughter did at two o'clock, and she got up at six.
I never said anything to Mr. Burroughs about discontinuing
his visite. I saw no reams why I should if Mrs. Burroughs
did not object to them. I did not give Mr. Waite§ • good
character with Jane Gibbons. He merely asked me if she
could milk, and I mid I did not know. I said she was a
tolerable housemaid, but she had a very bad temper, and
wee a very great story teller. I will swear that I did not
my she was honest and steady. I had previously given her
• character in writing for another place which she did
not obtain. I never leave my daughter long with a gentle-
man alone. Mrs. Burroughs told me that she was very
sorry her mother should have written to my husband such
• letter as she had done about Mr. Burroughs—that it was
very unnecessary—that if aho had known of it she would
not have allowed it to come, and that she hoped I would
think no more of it.
By Dr. Phillimore—Mr. Burroughs was present all the