The Express.
London, England, 1852-12-01 00:00:00

THE EXPRESS, WEDNESDAY EVENING. DECEMBER 1, 1852.

that with the fora with them on board they could
have taken the town with ewe, but had deferred any
operations until the arrival of General Godwin, who
hail not up to latest dates reached. The garrison was
estimated at about a thousand nom, and the defences
were looked on as contemptible. The Admiral and
others were of opinion that Ara should immediately be
I advanced on, and bad offend in a fortnight to transport
10100 men thither, but this does not seem to be the
policy laid down by ur fur the General, as the force
is. it is believed, for the present to remain at l'rorue.
The King is reported to he a lover of cock-fighting.
and to leave ilit•111/1 of state elitirely to his ministers.
The lit Bengal Fwiilien had landed at Rangoon on
the 3th and 6th ; the officers of the corps had been
entertained on landing by Colonel Duke and those of
the Madras Fusiliers; the regiment had taken up the
quartets just vacated by the pith Royal Irish. Matters
were not in very good order at Rangoon apparently,
for soma of our people had been made prisoners by
parties of Burmeoe within sigh,. of the city; and
the supplies, formerly so abundant, had in sonic
!Lesson: been stopped. The General in command,
Brigadier Steele, Cll., had been, it was said, posi-
tively forbidden to assume the offensive, and the con-
sequence was that large bodies of the enemy known
to have congregated at Pegu and Shan Soong re-
mained unmolested, while small parties from these
pieces kept constantly prowling around Rangoon to
seise on our stragglers and prevent provisions being
carried in from the country. It was expected that
' the Governor-General would shortly again visit
Rangoon, where a house was being prepared for his
r. cept ion ; General Godwin was to return from l'rome
to meet his Lordship. For the above items we arc
indebted to the correspondent of the Calcutta Morn-
ing Chronicle.

Zbe Court.

OSBORNE, Nov. 30.
Iler Majesty and Prince Albert, accompanied by
the Priem.. Charlotte of Belgium and the whole of the
Itoyal Family. arrived at Osborne at 2 o'clock yesterday
aftirnaoa, Irate Windsor Castle.

A deputation from the B h and Foreign Anti-Slavery
Society, consisting of George W aliens Alexander, George
Stacey, Robert Foster, Joseph Cirper, Thomas Bina*, and
5. 11. Fisher, had an interview with Sir John Pekington
yeaterday, at the Colonial-uflice, oo the subject of the recent
legislation in Jamaica r.dative to captured African..
Lieut.-o~Tel Berea d'Omphal, A D.C. to the King of
the Netherlands, deputed by his sovereign to attend the
fuotral of the late Duke of Wellington, had an interview
with the Earl of Derby yesterday, at his official residence in
Downing-a reef, to take leave.
A deputation on the subject of the char?, !applied for by
the Lendon_. Liverpool, and North American Steam Screw
Company, had en interview with the Right lion. J. W.
Henley yesterday, at the Huard of Trade. The deputation
consisted of—From the Merchaets' House of Glasgow : Mr.
James Hannan (Lord Dean of Guild), Mr. James
!lodger, Mr. Thomas Richardson, Mr. George Gilles-
pie, and Mr. Thomas Buchauan.—From the Cham-
ber of Commute of Glasgow : Mr. Hugh Cogan
(Chairman), Mr. John G. Kinnear (Secretary), Sir
.lames Anderson, _ M.P., Mr. William Brown, and Mr.
George Binna.—From the Underwriters' Association of
Glasgow : Mr. William Being (Chairman) and Mr. Peter
Clouston.—Frum the Shipowuers' Aweciation tar Glasgow:
Mr. Allan Oilmour.—From the Chamber of Commerce of
Grreunck : Mr. Robert Steele and Mr. Thomas 0. Hunter.
—From Port Glasgow: Mr. David Gilchristson.—From
Sunderland: Mr. Blair. Atid from London : Mr.
PiPealmout.—The deputation was eccomoanied by the
followiug members of parliament: Mr. John Macgregor
(Glasgow), Mr. George Macariney, Mr. Alexander Ramie,
Me. Kenneth Macaulay, Mr. Charles Handley, Lord (Jude-
rich, Mr. Turner, Mr. George Dances, Mr. Seymour, Mr.
Witham Lockhart, Mr. Davison, Mr. Cairns, Mr. Charles
...lowau, and Mr. James Clay.
Mr. Bouverie had an interview with the Right lion. J.
W. Henley yesterday, and presented a memorial from the
Provost and Magistrates of Dentarton, praying that no
charter of incoreoratisa absaid be granted le shipping
companies.
The Hon. J. Howe, ham Canada, hael=o dus
interview with Sir John Prhisetoa at the e
Mr. Charles Turner had ea batarrists with Kr. Secretary
Walpole yesterday M the Eammillsa.
Despatches were meshed at the Celamiskik• yesterday
from the Governor-Osumi et Canada.
The Judicial Committee of her Majesty's Most Hon.
Privy Council sat yesterday in the Council-chamber. The
Lords present were: Lord Cranworth, the Lord• Justice
Knight Bruce, the ledge of the Admiralty Court, Sir J.
Patteson and Sir Edward Ryan. Judgment was given in
• the !appeal from the Admiralty Court of St. Helena, "liar-
neon v. The Qama."—The Levin Lank.

General Wemyss, whose decease was prematurely
announced by a Windsor correspondent on Sundsy evening
last, died early yesterday morning at Windsor. The death
of this gallant officer arose—not from finals, as erroneousiy
stated, but from malignant spongy tumour.

(191011 LAST NIGHT'S OLTZTTR).

FORINON-OVEICS, Nov. 29.—Tbe Queen has been
pleased to approve of Mr. Ricardo Cooper as Consul at Purt
Philip for bee Mejesty the Queen of Portugal sad the
Alparves. also bees *meal se mean. of Mr. James
Duncan Tbampamt is Clemal at dm Owe et Good Hope for
his Majesty the /Mg of the
Dowaneo-situnT, Nov. .—The Queen has been
pleased to appoint William Y Rdye, Esq.. to be Resident
Magistrate of Fort Peddle, is the settlement of the Cape of
Good Rope.
NEW DEPUTY LIEUTENANTS.
NOWT)! RIDING or YOWNIZA.
Arthur Stevens, Req.
CAANAZTOMBIIII3.
Sir Thomas /inking. Ban., sad Thomas Edward Ma-
lys Lloyd Konya, Beg.

COURT OF ALDERMEN.

The Lord Mayor, upon taking the chair for the
first time in the Court of Aldermen, expressed a et niblent
espeetation that be ebould, receive the able sesistanoe of Lis
brother raegisteutes during his yes: of ogle., which he
trusted would proceed from the tentenoneement to the hu-
miliation satisfeetorily to theft end to the rest of his fellow-
citizens. (Chien.)

TOTR OP TO TOR LATI LORD MATO'S.
Alderman TROMPPUR row to move "That the thaalut of
Mit. court be presented to the Right Hoo. W. Hunter, late
lord mayor of this city, for the manner In which he sus-
tained the high Ake of chief magistrate, for the punc-
tuality of his atteationee in this court and the impartiality
with which he presided over its deliberations, for the
hospitality which he uniformly maintained at the
Mansion Rouse, for the liberality he eviaced to-
wards the unmerous charitable institutions of this
_

city, for the readiness of access M invariably
afforded and the amenity ho manifested to all
classes of his fellow-citizens, and especially for his coot•
Maus behaviour to every member of this court." To that
resolution he was sure he should receive the unanimous

approbation of the court, every member of which had ob-
served with what anxious care the late Lord Mayor had
',rearmed all the duties of his high station, and with what
fidelity and impartiality its business had been discharged.
(Cheers.) The language in which the opinion of the court
was proposed to be conveyed was simple and plain, in
accordance with the character of the man whose conduct it

TRAFALGAR LIFE
Yesterday the second annual general meeting of
the shareholders in this company was held at the offices in
Pall-mall, Mr. Bnitairtonita in the chair. Then was a
large attendance of proprietors present on the amnion.
Mr. BATLItI read the following report, which was re-
*geed with cheers:
"The directors feel they have just cause to congratulate
the shareholders and assurers at this their second annual
general meeting, on the solid success that continues to attend
the operations and progress of the institution. They have to ,
announce a very large increase to the income—the formation
and consolidation of many very valuable agencies in various
parts of the country—end the continually increasing confi-
dence of the public in its principles and management.
" In order to illustrate practically and forcibly the fore-
going statements, the directors beg to submit the following
abstract of the bushier transacted during the Lint two
years :
Policies Completed.—Comparimin of the ant with the
seconl year's hu4ness. let year—From 24tb November,
1860, to 24th November, 1851, number of policits issued
325. Amount assured, 95,7831. Producing in annual
premiums 3,0921. 15s. 94. 2n4 year—From 24th November,
1861, to 24th November, 1852, number of policies 667.
Amount assured, 196,8631. Producing in annual premiums,
11,3811. Is. 7d. Excess of second year's operations over first:
number of policies 242; amount assured, 101,0801.; pro-
ducing in annual premiums 8,2881. 55. 10d.
By this it is @hewn that new premiums amounting to
43811. Is. 7d. have been added during the last twelve-
months to the former income of the association ; the total
ef which is now in this, the second year of its existence,
9,4731. 17s. 4d., arising from 892 policies, assuring 292,461.
• cireumstancie in itself so encouraging, that the directors
abstain from making any comment upon it.
"In reference to their numerous agents, the directors
are gratified in being enabled to report how deeply they are
Indebted for the very great seal and ability, with which the
principles and objects of the assaciation have been by them
sinsrted and defended, in opposition to the vigorous and
mime attacks levelled at the reputation of young life war-
mss ecespaaies rally, by those of older data. Indeed,
to . their *ty and indefatigable exertions may, in
a great weave, be attributed the present enviable and un-
precedented petition of the association.
" The &ream orreim eats this subject without express-
ing their cotyledon% that bynames of experienced and ener-
getic *gents sleets, aided by public advocacy, can the opera-
tion el •life M•l6raseit institution be materially and per-
maaratly extorted and maintained. They have on all
esmeless endeavoared to cultivate the very best feeling and
orellissai of those acting on their behalf; and, notwith-
standing the insidious attempts of some of the older insti-
batkes to destroy their faith in the • Trafalgar,' and pros
them into their own service, they are not aware that to this
date any each attempts have been sisessesful ; but, on the
contrary,;the meet satisfactory feeling continues to distin-
guish their correspondence, which Is better and more sub
/Malay illustrated by tbe large ammat of business fur-
nished through their exertions.
ze "In order to make known the • and capabilities
of the arsociation, and to affoed s opportunities of
bemening families with their ty and answity,
meters have hew Mid and delivered in mime
parte of Beglead, aseemponied with the best regal, 1 sod
the directors foal immeshes emmeilly celled um op on.
press their high Approval etaineteen delivered by lin
Smith, lisqo of Llierpeet. a pelisse& of great l
batty and influence, to • anneerms sad attentive auditoryil
in the inppoorrtut town of Ithellisid.
" The directors ware earthed at their last annual meeting
to simonises to the simeimMemr, that the whole number of
the shares,
`namely, fill,llo6,_represesting the entire capital
of 260,0001. width ROAM remains unleashed, but is
at all times available kr the purposes el the sisociation,
should semi= require) had been subscribed for in the
short period of aorta seethe by a retest extensive and influ-
ential proprietary; sad the sealidenea entertained by the
ahareitelden and public geserally wM be best understood
Ortheme* the fart that the therm are apt now to be obtained,
a• a hthe peemieth.
" Menswear elpelishe loped by shah, is six, assuring,'
la the the., thesumth three hundred pounds;
whisk was, dednekil from the premiums remind,
leaves • Imp is knew of the amoderies.
.4 The &mem,
_thlk • view to plass before the meeting
dm aseseat limetelei width alike smosides, ham bed •
halethersheet pespared, sir wk. the transeethal ken the
24th el Jeae,-111111, to the !lit of hoe, 1862; and also a
si one. extaradimg Item the 25th of Juno, 1882,
ts=sal
el limitember leek both of whisk, having bees
duly waled sad appreed, art new parthod as part of
thth' semi
"The Mande= sosensiothi • dividend. after the rate of
3 Par "mt. pee Ithalths, Mhe paid en the paid-up capital,
and whisk they wpm Midi he made payable es and after
the lith of Dow•kgr mg
"L osaknefty milt Me
i= el the deed of mule-
immt. two dirmlsee mike eglirtisa. The directors so
midge an Mr. thump lligniii rind Mr. Robert
WA who, bag oftelith, air thstheivis for rvertiosties.
and are sesimenothisil by the board theirdingly.
" The ankles who mike an Mr. Themes Cos, ad
Mr. Alfred C. T. TheytZnassein suginth
re the
seneeeended II" Ike beard for re
"The &seem mkt with paean mibleelfra lo Se
formation al the unity Firs Immo Meddle% •
=w amnbines the inisomie, jammer, OW
NapoailrMiss at ths three kinked lite giant
mad& am a 84••••••11.4." Tratillr: nod ' Wal=
theft alum already possmakar la the_ aggregate a
Inthey imposed el mem then ha thethand ponces, the
yam and isertab4 of when OIMt Is make nooses
gm% any en teari 111 111111111 they may medially encode.
mime be_ apparent*, every Ins. The directors ef the Ter.
Near Lih Ammo Amosiation an gratified to lute that
Edeffects have already seemed from this cannexion ; for,
the Unity undertaking • skate of the eagnetilturr,
two dime ham carded ea nadir we reel, the
thyme* of rest, tames, and ether theidental eutm=hro
divided between thus. Further the -
r... 1.813 the Unity hied shied vastly ee the smergies and
alikithey al the several ameartes, by stinsubling them into
saw imemele el ustakees mad advartegoe—ascassarily

Tsahsr. the mean thmesallems tho j
la reviewing thetThe este, gamest sad future,
of the essedatimp.ola oiliest t impeetaat and massi-
f** hionaes, elleagik sad sta ility, whisk it tutquestim-
ably posseeme sad matmeads is its namersus and substan-
' nth repliefter—he effoodados dee aisle sad progress of
the aner and waluahlo miasiplas whisk guide and distin-
guish Iq teonsaellem I and in a perfect reliance upon the
determination of sem one, however connected with it,
whetheras shesteddees, manes, agents, or medical
re/ em, M esalldbate to mad WIWI its imperishable stee-
-1 tubas emd seam t—the dimentees entertain a oonlldenos,
in which an nonstettars, that the Trafalgar is destined not
only to ream molt and adviMew to its sbareholden and
assures, but la due time to esahelmenmable benefits upon
the oommaaity at liege."
The amenate showed that the netipts up to the 24th of
Jose summated to 33,41111. St., and that there was a
halms at the banking, ease deducting all capon's, of
2,11191. 16e. 114. The llfispremium amounted to
Cala 13s. 84.; the paikaa 'ghat to 4,001. 19s. ; and
the is 't amount to AMU. The ameaat of loans ad-
veamd 20,0291. 19s. The sappiemestal balanco-sheet,
Irma the Seth June 1152, he the 38th of September,
showed receipts to the amnia of 18,1421. Ils. 104., and a
balance of 6,0961.45. 101., ease deducting expenses. The
life premiums in this period ametaated ,to 2,2671. lls. 11d.,
and the loam advanced to WM lb. 2d.
The CHAISX•X moved tie edaptisa of the report.
Captain Demure sesemied the mdse.
Several goadomea having upshot in its support.
The repeat meads pet mid unmintously adopted.
Mr. Tinton thus proposed the re-election of Mr.
Bermingham sad Ide. Garland so directors, and the best
reesiameadatioe they amid have wee to be found in the re-
sults which had bate accomplished by the directors.
The Rev. Mr. HINDS seconded the motion, which was
ammeinteesly adopted.
Ilr. O. 0. Hawn proposed, and Mr. Beat, of Sheffield,
seconded, the n-election of the auditors.
The motion was adopted.
A vote of thanks to the chairman terminated the bal-
. nes of the day.

MOW le nit the Celan if Clumisa Oimil what sisal of Rail) interiteente•
imam dry wield he rediews Se eestribase for the scamp
,I=ehttrof4 the great MOM dr gorergeast bad is view. HOUSE OF rbiIiIIi—YVATERDAY.
Amts.-Barons vim Lome enema...ix, vise MADAMS Of 00111110.
ern &MET he was delighted at the tepees- net, LOBE Talmo, Loan BaLBAII. Alla Loma le mseso.
lima the Leer intention with respect to the im- GIRL/ V. Galan, OTHERWISE DICILIINSON.—POWER or
THE SCOTCH COURTS TO OAAXT A Dimities " • VtscuLo
•.• MERSA ET
=llialittardlaletralaakatikilly would occuris inth the latter.
tcteurn; diet aatitroaackoflicns'-im
Ilnkiel, end he particularly apprehended the abuse of
Pilwriumoistr" AFTER • SEPARATION
• Kuno " Has Blurt OBANTID BY THE ECCLEOIASTICAL
patrooage. (Hear.) lie believed the City would give a Cousin At ENGLAND.
large sum if they were given secutity against that descrip- This was a care which came up on appeal from the
non of abuse, but certainly not without an effective Scotch courts against their decision that a separation "
guarantee. He hoped and believed that a great deal mons.% et thoro, granted by the Ecclesiastical Courts in
more than the 100,0001. the minister contemplated England, was a bar to an action f,r a divorce " a vinculo
raising would pour in to raise a monument to the metrinsonii "in Scotland. The facts and argument. were
illustrious man whose loss they deplored. lie was delighted reported in the Express of Tuesday, 23rd Nor.
to find that such • monument es would serve generations The Lord Chancellor now delivered judgment, and said that
was contemplated. Our Saviour had said to his disciples, the case was one in which a person who was a Scottbman,
"Feed ray lambs," in consigning to them the care of the and domiciled in Scotland, had married an English lady,
population that needed their instruction. The monument
puesemod of considerable property in England. The par-
proposed to be raised to Wellington spoke the same gracious ties went to live in Scotland, and there was oo difficulty in
language. (Chaos.) Nothing, he was sure, would afford
establishing the domicile of the husband. Atter living
more heartfelt pleasure to the spirit of the departed warrior some time together, and having tour children, the wife
than the hope that lie should be commemorated by the
establishment of an asylum dedicated to the service of the separated herself from her husband. At the marriage the
property was settled on the wife, and there was also a
children of the soldier. (Chees.) settlement of 1,2001. a year on the husband out of the pro-
Alderman Wiesom said the letter was admirabiy adapted I petty of the wife, which amount d to about 3,0001. a year.
to excite the feeling of admiration which was so universally In consequence Of his wife having separated from him, the
prays'eat. husband instituted a suit in the Arches Court for a restitution
Alderman Wray said the monument to which the letter of conjugal rig ate; and the wife, in answer to that suit, set up
drew their attentive far exceeded the statue of marble a defence of adultery and cruelty. According to the eel-
which hail been recently coutemplated. He should much
peeler the elevation of • Wellington Asylum upon a hill to deuce in the Scotch courts (and the house was now sitting
as a Scotch court, and whenever there was a conflict be-
the most perfect statue that could be raised ; and he trusted
that the children of the common soldier would come in fur Ewan the Scotch and English law they were bound to ad-
here to the former), the wife established in fact but one
a share of the benefits of the extensive institution which defence, that of adultery. Formerly, in such casts, a cross
would be raised over the grave of their glorious country- suit by the wife was necessary in the Ecclesiastical courts,
man. (Cheers.) if she wished to have a divorce a menses et thoro : but that
, Alderman Moux said he quite agreed with those who had long since been considered unnecessary ; and a wife
advocated the erection of an asylum im commemoration of might rest on adultery or cruelty fur her defence, and pray
the Duke ef Wellington, but he could not sec why statues
should nut rise through the country in his huuour. (Cheers.) hearing
the same time for • separation ":imens',e et thoro" at the
hearing of the cause. 1 here was no cage in which • wife
It would be with great regret indeed that lie would finld had not rested on her defence and then prayed for a senate-
upon so great an occasion that an opportunity of adding.. tion, and is could not be otherwise, for the fact being that
dignity to the fine arts should be neglected. (Chem.) Ile this defence WM the consequence of the conduct of the hue-
was confident that the City of London would have a statue band, the wife had a right to a separation, and could not by
in its Guildhall calculated to excite the admiration of the any other means escape from him. If you looked at the
world. (Cheers.) rights which a husband possessed, end yet maintained that
Alderman WIRE said he did not mean to exclude a
statue, but he certainly preferred the " munumentum seri: there could be no such decree for separation, how defence-
less a woman must be. Before he went further with the
perenuius." (Cheers.) ease, he would draw attention to the question of the juris-
The letters were then ordered to be entered on the diction of the courts in Scotland. It was said, that although
in this case the wife was a Scotch spouse, she was equally
an English spouse ; but having married • Scetchman, she
followed the domicile of her hush. and ; and there could be
no doubt that she was a Scotch spouse. It wee also said,
that the suit in England got rid of the husband's
on which he (the Lord Chancellor) gave ho opinion ; yet as
the husband was domiciled in Scotland, and carried his
wife to that country, she had a right to go to the Scottish
courts, and there could be no doubt as to these courts having
jurisdiction. There were two pleas in this case, one assert-
ing that the Scottish courts had no jurisdiction, which was
repelled by the Lord Ordinary, and his decision was con-
firmed by the Inner House, and against that judgment
there had been no appeal. This, it was said, was an over-
sight, and that as a great part of the argument mast rest
on that point, it was hoped that an appeal would be allowed
on that Interlocutor; and be (the Lord Chancellor) had said
that if it was such a slip as justice required to be amended,
he might give liberty to amend the appeal in that respect.
But it was clear that the parties had been well advised not
to appeal against that interlocutor, as the point of jurisdic-
tion had been so clearly established in the case of War-
render v. Warrender" in that house, that any attempt to
touch that question would have been hopeless. There was
a material difference between the law of England and that
of Scotland with regard to divorce. By the law of Scot-
land, • person could obtain either a divorce " it mend et
thoro" in the courts there, or a divorce " • vinculo matri-
monii" by the same means. But that was not so it
England, for in order to get a divorce "a vinculo motel-
monii" it was necessary to obtain an act of parliament, and
yet that very relief could not in general be obtained unless
a husband had obtained a separation " 3 meth et thoro"
in the Ecclesiastical Court before he came to par-
liament. The first step in loosening the knot
was considered to assist in finally untying it.
In the courts in Scotland no such primary remedy
was necessary, because it was in the power of •
person to dissolve the marriage altogether, and it did not
matter whether the proceedings to obtain such • divorce
were the first or the second step taken. Although, g Uy
speaking, in. England a women could not obtain • divorce
as • man could, yet in Scotland she had:in that respect just
the same rights. The point now before their lordships,
however, depended on the second plea, namely, " that the
pursuer (the wife) having instituted a suit in the English
ecclesiestieal courts, had obtained a sentence of moaration
f a meow et thore,'and therefore she was barred from raising
an action in the Scotch courts for a divorce ' • vinculo matri-
monii.' " Now he (the Lord Chancellor) said that that was
a false allegation, for she had not instituted a suit, and
although her defence as • wile by the forms of the court
amounted to a counter-process, and as she had to prove her
ease, she became es it were an actor in the suit, still that
would not justify a plea that she " instituted a suit." Her
defence was not only against her husband's immediate de-
mand for a restitution of conjugal righ:s, but was intended
to apply to all future times; she intended to defend herself
tot merely by dismissing his suit for the restitution of con-
jugal rights, but to guard herself against his having them
restored to hiss for al future time, unless the partial
to be reconciled. It wee true, therefore, that
=l
as so far an actor • but when one man struck
nether,
_and the party struck knocked the other down,
Ant would only be an act of defence, and it was
necessary for to assume the aggressive, although he did not
begin the attack. He did not think, therefore, that it
could be said that there was an " institution of a suit" by
the wife. Another reason why the wife should be allowed
to take such a line of &fence was, that she thereby obtained
a permanent alimony, although in the present case, the
wife being a lady of fortune, that question was not raised.
It had been objected, partly on the jilea, and also in the
papers on the argument, that even if there had been no
proceedings by the wife in the Arches Court, still she could
not have sued for a divorce is the Scottish courts, and the
eases of " liacarthy v. De Caiz," and" Kaolin case," were
✓elied on ; but he (the Lord Chancellor) thought those
ewes were clearly distinguishable from the present case,
sad did not apply. It was said that to hold this right in
the wife would lead to a conflict between the laws of Eng-
lead and Scotland; hut, even if that were so, the hones
had no power le deside against the law ef Scotland be-
nne it differed des that of England, for Scotland had
es great a right is have • decision founded on her law in
that house es linglaar had. He should, therefore, OM=
that the jadaffetssa was_ perfect, and the next question
was, whether the wife had het her right to go to the courts
in Borland in of the relief she bad obtained
tar the easels la liytas 1 To supped t that propositios
the are ea Alba t. OM*" was relied on, bat that case
ie went the regal of Inventing flagrant abuses of the
oof sirldeetanidnerhatirY "pennTISI bast iltinergas nevi=
Ira tree that meth gee Ilse law of Scotland, which were
irregular by the law of Sagbmd, and which wen son-
traded to avers art law,. wee admitted in England. It
was also said that the was here should have goes to the
diellith entre esecurrently with the snit against her in
and that that would have had the effect of stepping
the snit in the eldsrestisd courts. That, however, wield
bare predate' a mast of jurisdiction at once, and he did
set see fiat the WM ward have been to stop the snit in
the latertlerral. It had been laid down by ems of the
liserh O WORM of St the cause, that by the
lest or don, the wife wee act precluded from taking
the ewer. In that he agreed, and there was no
he the allarery, and therefore he said that it was
the law glades& that • pima might obtain a separation
" raid *them" and after &et maintain a snit for a
dives "s rim& Seeldrealf." That brought them to
the tiessffisa of maw between the Soiree of proceeding
is the Begtids and death& laws. A ease had been put
where there were two remedies under the English law for
a breast eta contract to purebese an estate,-an action for
dearageej and • bill to compel specific performance
mad it was Griped that no one ever adopted
both naserkee, ad
dsat they Were inconsistent with each
ether; bat there wee sedft to greyest • person who had
lied a Mil he a spoils WNIA/RAPI from going so law and
resaverisi damage', aar were the two remedies inconsistent,
sad Obey Gould both be resorted to. Let it then be cond.
and how the matter steed with regard to the laws of Eng-
ine& and Scotland. It we. clear that the lady in this case
11•4 • right to have resorted to the Scottish courts, and ob-
liged. • divorce " • vinculo instrimoaii " in the lest in-
dorse, and it was equally clear that she had a right to have
goes to the Scottish courts and obtained • separation
It mend et there" in the first instance, and afterwards
have sued for • divorce " • vineulo matrimonli," and that
not for subsequent crimes, but for the very same en account
of which she obtained the separation " a mend et Omni."
If the wife could de that by the law of Scotland which the
heals was bound to admit, could the husband by electing
he sem to the English courts and ask fori • restitution of
=ahetwway the we.
ereof the' vt;i'fuelunelherattllett3lttitiet
law ? Ile was of opinion that it could not. What was the
effect of the act. of the wife in England ? She was dragged
into the courts there ; she was compelled to go there; and
if in her defence it was open to her as a matter
of right to demand that the separation which
had 'beady taken place should he made perpetual,
sea 610 asserted that because she bad taken the only
dehmeelliat was open to her, namely, cruelty and adultery,
and on Wont of which she was, by the practice of the
court, entitled to relief; could it he said be asserted that
she was therefore estopped from seeking to obtain the
higher remedy to which she would unquestionably have
been entitled if that suit bad not been instituted ? By up-
holding the decision that she would not, they put the law
of England and Scotland on the same footing, with only
this difference, that in England it was necessary to have an
act of parliament for a divorce " a vinculo matrimonii;"
while the Scottish courts could of themselves decree such a
divorce. In England, so far from making it an objection to
a man's asking for a divorce that he had already obtained
a separation "a manse et thoro," he was not entitled to the
higher remedy, unless he had obtained such • esparatioa.
If a wife, therefore, obtained the relief of a separation " •
mend et thoro," and then resorted to the Scottish courts
and obtained • divorce "• einettio matrimonii," did not
the parties stand on exactly the muse footing, end then
ought to be no difference in the remedy. He should there-
fore recommend that the decision of the court below be
affirmed. A point had been made in the argument that the
record had not been properly closed in the court below, and
that the case ought to be remitted ; but it did not appear to
him that that objection was maintainable, for the plea woe
in bar to the action, and his impression was that the cue
did not ooze within the act of parliament.

Lord Tenni, Etter earreseing as opinion thet the ro-
ma sire allegati.at of the wife to defending the twit for
not.tutios 01 eirojugol rights mode it, is feet, a new Suit, of
which eh, wee the ttligittator, and silo that the record was
sot properly elosti in the (out below, ni verthelese coo-
elitred is the ventral sureties with tho Lord Chancellor,
sod

The judtweat althea court below was &Sneed, sad t►e
netdossioed, but without eows coo either side.
s r. lemmas —ComrsastoN or KRAL P

INTO PINFONALTT CMDit A DUD OF 81ITTLIINIIINT.

-----
This was a case in which the question arose 'shadier •
Awe of the property of 34r. Robert Ferree, of Olasgow,
which was left by h.in to his son, Mr. William Perri., who
lad disposed of it by his will, was ossverted into pomposity
by the operation of 4 deed of arranensent catered iato by
the so-legatees of Ferree or remained real rotate, in
whit Is case it would have passed be the Scotch 1.. w to
Peter Ferris, the heir•at.law of William, notwithstanding
his will. The um w.is reported in the E.zpreis of Mon-
day last.
The LoedChasechor sow said that he bad stated en the
termer Jay the gr..unds for his opinion, that there bad been
as absolute conversion of the property ia question, but he
bed reserved the question as to whether the rests of • pot-
ties of the prop rte could be considered to be also per-
musky before the period of the calumnies of the whole
prupetty had suave& He hail looked wdh care lido the in-
stirsnieers, and hi thought it wee clear that until the time
of the eenu nos aerie. d the rents dui sot partake of the
mature of personsliy. The interlocutor of the court below
must skeleton be &abided with this variation, that there
was se absolute iseaversies of the rents of that part of
the property said the time of the entire coaverssuo.
main. 'lure \sabres in the interval an actual is:e, and if
so, the converakin smile Jute from the period of that tale.
jedgment of the court below was therefore 'Messed.

COURT OP QUEEN'S BENCII.-YErniumi.
11.4 n NI•1 rot, - Lau Csairssu. uP • 01111116191

Jray.

Tall (attire r. DlLlDMll•N.—Acpcursai.
his east. shack was appointed to be tried by a special
kap, mamism ibis mensing, Mr. fiecjeaat Wilkins apprar-
latter die thatariant. No ems appeared on the past of du
• , and Maas the oaten of the charge did mot
rims Saw May estarred by twos of the special
jeep purl sot hoist memaxed to the recent, but ultimately
a iummems jury was empaans lied.
Lea Campbell this. addressisa the jury, explained that
rs presecutor not appearing, their verdict mast be an
Magni: tel.
Venial of acquittal accordingly.