The Express.
London, England, 1862-02-01 00:00:00

THE HARTLXY COLLIERY CATASTROPHE.

A meetiog of the committee charged with the
Coe of the sulecriptions to the unfortunate
se wen by the Hartley calamity took place ou Thursday.
step were taken for temporarily alleviating the distress of
the bereaved, and it was resolved that for the ensuing six
weeks each widow should receive 6a. per week, with 2s. Gd.
for 411K41 boy under 12, and • similar amount for each girl
valor 14 years of age. The executive were also empowered
to deal with any claims is respect of cruet arising from the
eseidest which may come under their notice, and the names
d emend gentlemen were added to the committee. To the
=
. 1 for help cheering responses continue to be re-
but not yet has the amount accumulated to the
daassakas which it ia hoped it may soon attain. Owing to
the pressure of work which has devolved upon them, the
committee have been uoable to ascertain, with sufficient
accuracy, the total sum contributed, but it was stated that
upwards of 11,000/. bad been paid over to the treasurer.
At a special meeting of the Tyaernouth board el guardians,
In whose union the scene of the late diameter is situated, the
painful subject was introduced. The chairman, Yr.
Heater, moved that, in the event of such • course
being sanctioned by the Poor-law Commissioners,
the board should subscribe 200/. to the fund being
raised for the relief of the poor widows and orphans, and
the proposition was unanimously adopted. Mr. Hurst,
poor-law inspector, who was in attendance, expressed his
hearty concurrence is the resolution, and was convinced
Must the commissioners would throw so obstacle in the
. .

way of its axecutio•. Io the adjoining county of Durham
the cause has likewise beeu earnestly taken up, the exam-
ple of Suoderland having extended to the minor towns of
Stockton and Darliugton ; and • gratifying feature in the
ammo has been the readiness with which working men, of all
occupations, have come forward with their helping hoods.—
Ileurostic Chronicle.

OPINING Or SIM VALLIIT RAILWAY.—
The &morn Valley Hallway, an entirely law line, extending
Leta Hartiebury to Shrowebtuy. • distance of over forty
Wks, Irve opened yesterday for publie traffic, after a long
delay sad inany.postponementa, and the °maim tas been I
sae of peas rejouung throughout the entire district
CILTITLL PALACZ.
.7 —Ova !MULLING DAY.
FROM; Jar. 31.—Adwations oa payment, 1,887 ; ditto
by tea Halts* 1.1113 ; total vitiates, 3,070,
[Advertisement.] kionoway's Pala. —Saved
teem Dmigetak a.-71bit rod serious Menem which ea. Meld
samlibett Int imeaUset theemelves NNW*/ sigma 'Tls
110 tame sad sublimee the Owl fiserieree action. Hollo-
ware Pi oil Wire I w*l *h. yds, at Mbar drawback.
Thew weiLkneera sae wine nolft opproolthool Pt ram the
eNIGINGIMG tram all delealtlen. Mai all impalement. to the
mem' settee et myr on^ Ong miss ...we owl
Wto t4sts_ Ng**
sal oh. ottor Ye Wed
whole volntibod. euesliesjpet
piety mad to WM Ong.
osi Weft to am wle otott ; are
Ihe nom d eseeliedlesel WM% est ihe
imaihollorNOlS Of ealaildla

tato intelltgaut.

EQUITY COORTB.—JAY. 31.
(Before the Muter of the Rolle.)
DAMS' CAM—PHI BASK OP DIMON.

This was a 'notion for an injunction to restrain a de
in the above-mentioned conitorn from pomading to
writ of inquiry in an action brought by her against the com-
pany, and in which judgment bad been allowed to go by
default. _ . _

ii;. ielwyri and Mr. Roxburgh appeared on behalf of the
official manager iu gamut of the motion ; which was op-
posed by Mr. Ogle and Mr. Godfrey at great length.
HiA Honour, in giving judgment, said this was simply a
question of seven days, end the tune of the court had been
occupied in • discussion which could lead to nothing until
the position of the plaintiff, Mm. Davis., in relation to the
company had been decided. Either that lady was • contri-
butory or she was not ; if she were not she would
be at liberty to go on with her action, but
if she were • contributory, though she might
also be •ereditor, different equities would arise. At present
she is on the list of contributories, though whether properly
or not mold only be determined after the argument upon
that very question which, said his honour, I have given
every poseille facility for hearing by fixing three several
days for lt, and which now stands for Friday next. When
that question is settled, the plaintiff's position will be de-
termined, but it could not herein(' before the judge at com-
mon law. Then no question as to the validity of the wind-
ing-up order could now be raised, as that order could only
be reached by a rehearing or appeal. His honour then
stated that by sec. 73 of the set et 1848„ after the appoint-
ment of the official manager, no creditor, except so far as
the court might permit, bad power to proceed at law
against either the official manager or the com-
pany. The expense of all them proceedings must
fall eventually on the contributories, who were sometimes
thereby converted from receivers into payers. His tumour
added, he was most anxious to lave emplane to parties in-
terested, and in this cue the code, which would probably
amount to 50E, might have been saved, as every possible
facility wasgives to creditors, and he was strongly of opinion
that tie assets available for them could be as promptly and
amp. realised by the official manager as through the
medium d the Court of Bmakruptey. The motion must,
therefore, stand over till Thirsday week, and in the interim
so pressmanps were to be fakes in the action. Liberty was
peen to Mrs. Dario to laßmet tie books of the company
end make Wrests therefrom ; which, however, his honour
said, was no mere than the sauce practice in his chambers.
The court will cienswes• the sittiop after term on
friday, Feb. 7, whim the 'legation of the liability of the
depositors in the Bank of Deposit to be made contributories
will be argued at length.

Mr W. P. Wood.)
DAVIS?. DAVIS.
This case came on upon a petition and aces pada,
having reference to the future brines' up of a ward of the
court in regard to his religion@ faith. The ward is a boy
twelve years of age, whose father lived cuddled ausember of
the catholic church. By the father's will, which was made
in December bat, he appointed his brother, a catholic
priest, with two of his cousins, also priests, teeter
summary guardians of his children, and he directed that
they should be educated a the catholic faith. The ward
was the only child of the testator's sewed manage, which
was contracted with a lady not a catholic, who Weeded
sometimes the episcopalitri and sometimes the
places of worship. The ward, during caret
life, was sent to catholic schools, but ran away
from them from dislike, as was said, to catholic forms and
practices of religion. The father subsequently had him
educated at home by a catholic governess, and required him
to attend at a catholic place of worship, to which he was
accustomed to go in his mother's company. The testator
died in November last, and the ppsesesat suit was instituted
to administer his estate, sad iatally made the infant a
ward dthis court. The child had since his father's
death manifested re to the catholic faith,
the that he should be
broughbatt up n'tr'esoordance with his father's expressed
wishes. The mother. at the oositcrezy, desired that the
ebild's prolestaat sympathise should be studied and aided.
Beldame imagoes into to show ell thee& fads on each side,
and to show that the child was precocious, and had a strong
desire to be a protestant. As to this latter point the
evidence was of comes amilicting.
Mr. Gifford, Xr. B. B. Rogers. Mr. Pfgatk Sir H. Carus,
Yr. W. IL James, sod ML W. H. G. Diephawe were in
the awe.
The Vies-Cbaseellor (after having an interview in private
with the And) said that a very strong case must he shown
is order to OViliMaill the express desireof the father astothe
child's There were eases when guardians
having Vi:diritiguty and allowed a child to fall late
another the court, rather than shake the child's faith
to the upsetting of all belief whatever, had allowed theme!.
to go en. Howe, before deciding the ease he
bed seen the ward, to determine bow far the
child's views had become settled. The child was
sensitive one, not so muelsou the affidavits stated, and was
intelligent, though not so well informed as many children
were at his sage. He seemed also to have a affectionate
regard for his father's memory, laws to his fatbWe death
he had bear brought up in a strict course of eatiolie Wish-
log, and the question wee, had that bees unsealed by what
had ahem takes place. Nothing had since marred to dis-
place or spat this teaching, nor did the child appear en un-
settled in his religious views as the affidavits would stake
out. As remade the faith selected, the court had so rule
beyond the preservation of the mend Teatime which
existed between parent and child, and the wansidentions
due to the highest morality. No form of Christonity was
iricousieleat with either of these. The corsobssion to which
he had cisme was that the father's isjunctions met be fol-
lowed out, Hawk witbthe mucks which the ears demanded.
The pried* et the ease was proper for disonerlon in open
wart, bit the details were same it to be settled is private,
and his beam rapested to be attended in his own room
by** mother sad geirdbas of the Want.

(Before

COURT OF WIENS BENCH.—JAN. 31.
Ratings to &moo in Hilag Tan.—(liefore Lord Chief
J natio, Oookburn, and Junkier Wightman, Crompton,
and Mellor.)
Warr o. MILD.
This war an indictment for an obstruction to a footpath at
Findley, upon which the jury found a verdict of guilty.
Mr. D. Keane, on the part of the prosecution, moved for
the judgment of the court.
Mr. Lush, who appeared for the defendant, mid that the
obstruction had been removed, sad there was now left •
clear footpath 12 foot in width.
Mr. IL Chambers, who wan leading counsel fir the pro-
secutors, said the affidavits denied that a sufficient part el
the obstruction bad been removed.
The Court then gave judgment, in/Doting a floe of le.
upon the defendant.
FIAT P. TOM'.

Miss Fray applied to the court for a rule calling upon Mr.
'Foul's, who had formerly been her attorney, to show muse
why he should not fiiroi her with a oopy of an affidavit
which she made ia an action tried some years sgo, in which
she was plaintiff.
The Lord Chief Justice—Rave you not got all your papers
from Yr. Verdes?
Miss Fray—No ; and they are improperly kept from ma
The Lord Chief Justice—We cannot make Mr. Poulos
'apply you with a oopy of the affidavit, bat we will order
him to Ala the affidavit, which will answer your p
You may have good reason to say that tb• 'Alava oiturirtt
bs Led, so that you may have an opportunity of seinog it.
This application, however, ought to have been made at
chambers, but as you an here we entertain it, but cause
must be shown at eharatises.
Rule nisi.

BAIL COTTB,T.—JAN. 31.
Sittings in Banco.—)Brian Yr. Justice Blackburn.)
1N U ULM.
The applicant was an articled clerk, whose term of clerk-
ship was for fire years from the 3181 January, 1857, and the
question was on which day the term of Berme expired
be .
The 31st January, it will recollected, is tbe last de), of
term, and attorneys are usually admitted and MOM in
during term.
Mr. Jostler. Blackburn said some little &Acuity had
orison in deciding on what day the articles of clerkship ex-
pired. Upon consideration he wee of opinion that the appli.
cant's term of clerkship weeld not expire before 12 o'clock
se-night (the 31st January). Yr. Ellie could not, therefore,
sties: then that he had served the full period of five years,
but must wait till to-morrow (this day), which would be the
first day of the vacation. Under the 23rd sad 24th Vic.,
a. 127, e. 12, he had power to admit in vacation, and if the
applicant would attend at chambers, he (the learned judge)
would swear him in.