The Express.
London, England, 1863-01-22 00:00:00

COURT FOR DIVORCE AND MATRIMONIAL

CAUSE;

(Bet ore the Judge Ordinary, Mr. Judie' Williams, and
Mr. Bares Bramwell)
CHICHESTNR v. Mott i FALSELY CALLING SMELT
CHICHI:NMI). —IMPORTANT csnerros.

Dr. Spinka and Mr. H. Williams appeared for the peti-
tioner, who rained on demurrer a question of considerable
importance as to the constructiona of the ante under which
the court is held. The Queen's Advocate and Dr. Middle-
ton ware counsel for the respoodect.
The respondent was originally a Miss Lucy Virginia Elisa-
beth Oliver. She was married at the English embassy at
Paris to Mr. William Mare, her Majesty's consul at New
Orleans ; and on the Ist of July, 1859, • decree was pro-
nounced for a divorce on the ground of adultery committed
by her with the Hon. George Augustus Hamilton Chiches-
ter. On the 9th of the month following ade facto mar-
riage between the respondents in the suit was had ; and Mr.
Chichester now petitioned the court for a decla-
ration of nullity onjhthe ground that is August, 1859,
Mrs. More was incapable of contracting a lawful mar-
riage, her former husband being still living, and the three
mouths allowed by the act for an appeal to the House of
Lords not having expired. The respondent demurred to
this petition on the ground that from the date of the decree
she became and was for all purposes a team sole, and was
capable of contracting marriage.
The Queen's Advocate, in a long end able speech, con-
tended that the words of the act were directory and pro-
hibitory, but did not operate to nullify the marriage. He
relied chiefly in support of his argument on Catherall v.
Sweetmeat " (1 Robinson, 309).
Sir C. Cresswell—Suppose the respondent had been in-
dicted for bigamy, would a conviction be good?
Sir R. Phillintore-1 would rather not discuss that ques-
tion ' • but it is dear there hes as least been no felonious
intent.

Sir C. Cromwell—Take another case. Suppose s child
bad been born of the de facto marriage, pending an appeal
to the House of Lords, would it be legitimate or illegiti-
mate?

Sir R Phillimere—lt would be legitiraate if the appeal
were diwniseed.

Sir C. Creswell —But if not !
Sir B. Phillimore—ln that case I must admit that it
would be illegitimate ab
Sir C. Creswell—When would its illegitimacy corn-
mews ?(A laugh.) You know an estate might have de-
volved upon it in the interval.
Sir R. Phillimore —I may refer the court to the old law
relating to void and voidable marriages. These were formerly
marriages which would be null if impeached, but which it
the parties, or either of than, died before that wee dose,
oeald not afterward., be called in <patio°. It is, therefore,
no novelty to contend that the illegitimacy of a child may
for a time remain is abeyance.
Sir C. Creswell observed that the hardship of the old
distinction between void and voidable marriages bad lately
been much discussed in the House of Lords. In the cue
of Fenton v. Livingstone their lordships seemed to hold
that a marriage with a deceased wife's inter, even though
it might not be impeachable after the death of one or
both of the parties, woe nevertheless illegal, all the same.
Sir R. Phillimore would admit that the expression
" readable " was scarcely accurate, bat the gesetioe was a
kgomacity after all—for there were aadoabtedly airbag,
marriage' which were good, alms they were impeached ;
so that the legitimacy of the cawing of meek unions might
really be said to be in abeyance. He trusted that the court
would consider there wee enough to satisfy the language of
tie act, aad would bold the Raffia, good.
Dr. Widdlabn followed oa the suns side.
ulietri. urged that " Wherein v. ilweetman"
had so real heariag on the question. It merely referred to
a gird= of the forms and carealeales to be observed in
time imismikiestios oi smarriege ; whereas this mos was Gu-
iltily ate prima impresionis, no such marriage as this
Ins ving bees peaulle before the Divorce Act.
Mr. Justice Willisina—You argue that the act alone
empoween meek maniages to be roads, and imposes Be own
taitexe.

Dr. Scion—Precisely so. The marriage is the treaties
of this act sod ma only be discussed upon the teems of the
statute. I contend that the plane words of the act render it
clear that until the period allowed for au angel bad
expaied the lagelatere did not intend to give parsons leave
to entree a seemed marriage.
Mr. Williams was also beard spirt the demurrer.
Be C. Cromwell mid the court did eel affect to have any
difficulty about the ease, bat in coneagesece of its very
grave importance, they would reduce their judgment to
writing.

COURT OF BANKRUPTCY.
(Before Mr. 00111inisicew Fans.)
II LB J. GRIMM
The bankrupt was • esenehent of the Poultry. This
was the Ratting is, ezandhatios. The &moon* pre-
pared by Kw Ford, sad Co., show liabilities
much will amount of ces uin this
court. bigi:Kl %
uninewred debts are 38.7391. ; ditto
Neared. 13,0801. ; liabilities oa bills, 1,9631. The meets
are stated at 292/. in good debts sad 1021. to 001Mligninente ;
srix held by creditors, 9,9371. ; leaving • deficiency of
F. J. Reed for the meanness, and Yr. C. E. Lewis
fee the bankrupt, speed that the bankrupt should pane,
sad that the sitting for discharge should be adjourned.

(Before Mr.

Goulbarn.)

IN LI WALLIZ. —LONG I.IIPRISONMENT.
Ths lisalaupt was described as a
for
of Orson-
wish-rind. This was tabs sitting for examination and dis-
charge—deb* 41101.
Mr. Aldridge stated that the bankrupt had been impri-
soned eight years, for esetarept of the Court of Chancery,
by part ri debt and meta.
The paomuo Why wore you in prison eight years?
Bankrupt—Liscanes I had no means of releasing myself.
Commissionar—At whose snit?
Bankrupt—At the snit of George Patrick and others for •
breach of treat, for money which had received on account
of the plaintiffs.
His Honour granted the order of discharge.

IN EH WRIGHT.
The bankrupt Ira. a milkman, of the Harrow.road. This
eras the sitting for examination and discharge. Debt. of
triAialg !!"°!1."

.ITr."Aldriii;appeered for the cilltial soignee.
The trakrapt, in • stated that be had carried
ea business in the Ha row•roed for 18 years. Had oely
been owes insolvent, In 1861 be lost 14 cows is two months
by the long disease.
Order granted.

111 WILLIAM
I"Tine tankful,: 14..thar surd= d B.arpondesloor.
.4.!sar hie
boat 3001. The anoonata were prepartirty imam.
Paul and Turner.

41r.Cniciateroppmed for the amignese. The bankrupt
had Neu indicted, along with a clerk named Sahib, for •
conspiracy, but had been acquitted. The grave charge
against bun was that being a factor, selling foe others, and
bound to render them true amounts, he had rendered false
and fictitious accounts.
The Commissioner—How do you bring that wader the
159th section ?

Mr. Linklater said that he was clearly chargeable with
contracting debts without probable means of payment, and
lookingc at the groin nature of the cue, the court would
s y exercise its power of sentencing to imprisonment.
Hie Honour said that the power of impending the order
of dim/tares sad that of imprisoning were put in the set in
the alternative, so as to render it doubtful whether the
court could do both. But it would be very inconsistent to
sentence a bankrupt to imprisonment and at the same time
grant him his order of discharge.
Mr. Linklater proceeded to examine the bankrupt ; but,
after a very few questions had been put,
The bankrupt said, se the ease had assumed so serious a
form, be should wish to have the seeistance of counsel, and
would therefore ask far as ediciarameet.
The Commissioner—l think you had better. In the
crown court the Judges have the power of assigning
counsel to an seemed party, and I should be glad to do the
name if I scald, bat I have sot the power.
Yr. Linklater was vary glad that the bankrupt had
corm to that determination, though it was some imam,.
Meets to hie climate to have the sitting postponed.

THE POLICE COURTS.
(THIS DAY.)

CLERNEHRELL.
JCVINILL TZAIMISS or IVOIVIO.
Jaw/ Norge*, 17, a wail& =Wag at No. 4, /Imlay-
Ow, Cliarles-stresi, Hastpetesi-resd, awl Edward Baines.
15, of 12, Little Firook.eirost, Reseat'a-park, as errand bor.
wars &sawed before Nr. Barker with loitering in the Easton-
road with latent to commit a felony.
The prisoners lad sight were wise with a peg of boys
between ths yes of and Moss entering several shops
by Polic•-cooatalde Math, 343 $, as satire plain cloths
akar. He raw them attempt to sisal several articles, sod
on each occasion the were directed is their opiestioos by
the two prisoners He missed slight of theca for sense
Wastes, ad theft saw then is a asrias stare dealers