The Express.
London, England, 1864-06-11 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUERN'S BENCH.
)gs in Banco.—(Bolore Lord Mat Judie, Cockburn
and J lion Blackburn and Show)
FEATHER O. TRI QOl2/I.—PRPITION OP RIGHT.
. .

e solintor-Geoeral (with whom were Q.C.
dr. West) said in this case, which was • peaks of
the Queen had demurred to the declaration, and it had
arranged that ea issue was joined Mr. Ellollllllll
la show cause in the fist instance that the de-
e, be argued before the lanai of fact were tried. The
,on of right was for the infriogernent of • patent, sad
is, Anus of the crown were of opinion that they
t to raise the question whether the crown could be sued
he infringement of • patent. A question similar to
argued in the Court of Common Pleas in the ease
Tobyn v. the Queen," and in en elaborate judgment
:curt held that the crown could not be sued for
.4ince that the learned Attorney-General had thought
ht totake the opinion of thine:owl. A similar earns Guns
this court, "Clare v. the Queen:but the lateAttorney-
nil, though he had some doubts about the point, did
think it necessary to take it. The ism* of
in the ordinary course were likely to be
before the demurrer could be and
fore the Crown thought it would be meek better
I parties that the law should be settled first, when,
event of its being in favour of the crown, the ea-
of a lengthened tnal would be avoided.
Jas. Browne said in this case the suppliant coca-
NI that the Admiralty had infringed his potion in the
ruction of the Enterprise. The effect of arguing the
oar now would be to delay the hearing of thefts, till
term. Unless some strong rearms were given for it,
red the court would not do an injustice, which would
wench of Magna Chute.
Justice Blackburn—lf postponing a case for a term
breach of Magna Charts, I am afraid the court has
tiit many times.

J. Broline said the practice was to try the image of
,rat and then the demurrer, because a case could not
cell into error until the issues of facts were decided.
.nttially it was arraoged, as the case if put down for
DOW could not come on these sittings but must be
.oed till the Michaelmas term, that it should be at
ntered, which would place it high on the lit for the
Ames after-term sittings, and in the meantime the de-
r would come oo in due course to be argued first.
rule for inspecting documents, models, kn., was =-
till next term.

COURT OF COMMON PLEAS.
:ngs in Banco.—(Before Lord Chief Justice Ed* and
Jastion Willey, end Bylee.)
MUM= OF TOO COURT.
Lord Chief Justice this morning announced that the
would sit in bunco on the 17th, 18th, 22nd, 23rd, 24th,
.th of June, for hearing moms then pending ; and on
h July to give judgment.

r. JOirS.LICLOTHEVG VOLUIITMB cos • COIOIIIBION.
ass was before the court • fortnight ago, when it
ated that the defendant, as attorney, had given an
taking to clothe twenty volunteers upon the under-
= that be should receive • captain's com-
n in the South Middlesex, but it tiolniz
so that far as the name of the corps was concerned.
,rood counsel wee in error in what he said, for it
le Southern division of the 40th Middlesex or Lou-
.ntrals. It wan also stated that the defendant did
his commission, though the contrary was stated when
fitter wee mentioned before. The action was foneded
.be undertaking, and Mr. Justice Keating had made
er for security for costa upon the ground that Mr.
. the tailor, and not Mr. Kicks, wee the real plaintiff
cause. Subsequently the first order was rescinded
the ground that the summer's upon which it was
.t 1 was served upon • gentleman who had ceased to be
ev for the plaintiff, and not upon the plaintiff
him-
The question now wan, whether • rule should be made
to to act under the second order of Mr. Justice
q. rescinding hie previous order for security freest..
Joyce showed cause, and said that the defendant
tt only to clothe the men but to drill them ; end that
an, at the time the arrangement was made, no ca-
m way of getting • volunteer c00:1113•111011. He also
dad Mr. Justice Keating was right is point of pew
rescinding his first order, and that the facie likewise
ted this decision, because there was aa affidavit that
irks was the real and not the nominal plaintiff.
Murray supported the rule.
court, after some diacussioo, discharged the rule with
but =greeted that the defendant could apply to Mr.
Keating if he thought fit.
discharged.

CRT OF PROBATE AND DIVORCE.
were the Judge Ordinary.)
SCHOLLAR V. OCHOLLAIL
Prides= and Mr. Coles for the petitioner.
wile' were married at Bristol in 1854, the 'sauce-
*presenting himself to be • gentleman with 5001.
z. He was, however, only • tailor. He re-
nth the petitioner for eight co ten weeks at Weetos-
Mare, after which be went away, ander pretax* that
going to find a home He did not, however, return
, nor did he contribute to the maintenance of her or
child of which abs bad been confined. He had also

Court aospended ite decree in order to allow a pati-
o be presented for an allowance in the nature ci

NIZSON O. DIMON.
Spinks for the petitioner, the wife of a bestseller at
igham. The wardens was is Jas., 185 P, and the
lived together till October, 1861. He had consorted
roatitutes and big misconduct bad seriously affected
slth of the petitioner.
roe nisi with nods.

COURT OF BANKRUPTCY.
(Ben Mr. Registrar Rocha )
above learned reed:en waa espied daring the
mg in disposing of priest* eittian and tine reeetaap.

U NULL!. —TTLIGRAPHT 111 BANUOPTCY. -
I wee the Ara sitting for the appointment of •
,nkrupt, James Beojamin Newell, was desert as of
irtreet, Knightsbridge, smith and ironmonger. He
tad the he& is the telegraphic wins, and attributed
o to Imes in homier., smut of capital, and
rand sod premed by several creditors. Messrs. Wild
caber, of Ireamooger-lane, appeared as &gleams to
titian.

debt. aro about 1.6001. ; units uncertain, although
aokrupi is Russia* enough to Wine he will be
d to pay creditors io full.
Joseph G. Heylia. of Upper Thamsewtreet, canister-
srk, was abases trade assignee. The next sitting was
`or the 11th of July, sad an allowance of 31. per wish,
meat of the creditors, awarded the bankrupt.

RE FREIMAN.- THR TOIIII TRADE
was an examination meeting of the bankrupt, who
flooded to • great extent frost the West Indies. He
ascribed u a "timber enerebent."

ere. Wild sad Berber Zr7eolirit7ore to thirprerordirds.
ebte are 70,0001., against mete 8.0004 no aoroante
Ping filed, ea idioms:seat as ordered.