The Express.
London, England, 1855-11-19 00:00:00

• • 1 4.
DUBLIN. Nov. 17.
The Musk is the tenant right party about the
ebeim of floralmildie to the late Mr. Loose is Meath
- Wham hese made up; Mr. MlEvey, the can-
didate whit bielhe of Bishop Cantwell sad
16_ am=rt.fie catholic any. having
gag ii• -abliNiss to the Wet losses by
asillekieg adaissies into that body.
Mr. the 'big candidate, carries es his
• mow ertonzieriaill have the sapped of the
from Mk it swift, k and tee not of
h• anew win Ms sad Mr. Wltvey, es
it brestilhely the other emedidstes. Mr. Farrell and
r will go to the poll. As no cosewvatles
• to maks his appearance, the interest 4
party will, so doubt, be thrown into the lieu
11,. llandyth.
The Nation publishes a long statement is vindisis•
ties of the Beam catholic priests at Legato's from
the Marge of bible-burning. It states that daring
the week's Biagio°, or "retreat," which the Ramer
twist fathers preached there, they called repeatedly
ea the lower classes of their congregatiou to bring is
all the immoral and infidel publiestions which might
be is their possessioes, and all the controversial tracta.
sr other works, which had bees distributed moo,
them by protestant missionaries. Oreat qsantitise of
pablicatiose were accordingly taken to the ehapsl, sod
stalls a heap is they...try room,and ameag them were
several bibles, altheagb it isexpremly Mated that the
preachers did not section the protestant bible is their
ernsoes. The statement goes on to say that the
bibles were °irefully separated from the other Make,
sad that the sacristan or clerk was directed to barn
the latter, with a special injunction that the bibles
Mould not be included. these being kept by the Re-
ds:apiarists themselves. The clerk, it is added, is
prepared to verify this statement on oath; and be
says that a woman having cast a book into the firs,,
be took it oat for the purpose of ascertaining that it
was not a bible, and saw that it was, in fact, a sow&
And, finally, it is asserted, that if any copy of the
bible were mining the books actually burned, it must
bare boss without the knowledge either of the Be-
stempteriste or of the clerk whose business it was to
Garry oat their orders. Such is the version of the
lair given by the Boma catholic..
The Cork distillers again raised the prim of whiskey
yesterday. The price is now lle. 3d. to lis. 4d. per
Oleo.
The reported murder of a in wed Clark, near
Moats, bee been contradicted by a heal paper.

COURT OF QUERN'S BENCH, DUBLIN,Nor. 18.
11111101T•NT JCDOMIXT.-11•T A CLIROYMAX MASAN
111110111.1?
The mart pie lodgment this day in the iota/mem ease
of " Buis% v. Desnalse," which anted on the very amel
vanes of whether a clergyman at the established aura
sea validly perform the marriageeatemony for farms
issevios which it will be seen was in this nonage dada
is the aisseative. The case ante before the wort on •
special verdict, fluting that tics plaintiff, Albert S. Banish,
broseht as eleohnent on the title agsinst the de feudist, his
anat. VS M01..1 an extensive property in the comity of
Cork, the defendant denylog the plaintiff's legitimacy, and
staining, therefore, to be the heir at law. Judge Crimp-
les, who delivered the unanimous lodgment of the court,
add the facts set forth is the racial verdict were these :
The late Dr. John Senna Beentish wu in his Widen ,
seised of coasiderable estates in fee simple, and died on the I
16th of December, 1862. Re haci several eon,, mod the
oldest was the Rev. Shovel Swarm Bensish, the defendant
Wog the nest brother of the latter. The Rev. S. S. Besmish
woe aafy ordained • elergymaa of the netted churches of
Reglad and Ireland, and it appeared that on the 27th of
Nenember, 1831, being then in holy orders, he went to the
hempen hese Ly one, is the city of Cork, and there performed
a aroma, of marriage between 'dwelt end leabetla Preen.
The spacial verdict described the maser in whieb the cone- ,
may took place, amid the gement form of solemniseden was
that est out in the Book el CAMIIIOa Prayer of the Untied
Churches of Rimiest and Intend, Mr. Banish then de-
Ulm that he wilt the said Isabella Primer te be hi
wedded wife, she whim him te be her wedded baba& i
the Maim ring was then plaid apes twor ingia and
the UM, pronounced. After the coremay, It woe elated
MOMS marriage was consummated between the parties.
Re demean was peanut at the performance of the ma-
mmy eager the Rev. &soil Sway.. Beassia bimseif,
sot was any one present as • witness ; hot it was added is
the special entitle; that tbe performance of the carman was
sem by Catherine Coffey, who, whitest the privity of die
parties to the mintage, withered it from an adjoins' yard,
hat did net hear wise passed. It woo farther stated that
babeila Truer was a usher of the shwa of leglied.
It farther appeared that the Rev. thinnal 8 warn Beamish,
who thus celebrated this marriage, died is on April 8,
1864, mad the plaintiff, who is now • minor, Hoary Albert
Bennia, sea ais eldest son. With respect to the faastbere
man be an doubt, Mr they wore the stataiaeats of both
sedge open the record. If the plantiff was the legitimate
sand the Rev. flamed Souris Banish be was entitled, as
gandees a Dr. penned', if not, then the defendant
maantYadms the almond eon of Dr. Demolish. The Ant
tesestim M he oissiat red was, had there heen at the core•
may la quails wends of present contract, by which the
B. 8. 8. lissatish and Isabella Fraser enraged to become
Ihnebesil ad wife; secondly, had there been a marries'
Mei lay reformed according to the form prescribed by
the Saha Common Prayer ; thirdly, was the marriage so
ademninell assammeard between the carries; lisarthly,
who one ths effort of the mania's °economy, there being
se ether elemy maa arm at: and lastly, whether, although
Owe wee so witness renalaely prewar, the facto stated in
rofonses to Catherine Coffey eonatituted ben a witness. It
mimosa to all the mensben of the court who board the
ease argued that a valid, although an irregular and clan-
donne giarnege. bed been solemeised upon the day and
year stated in the special verdict. It was quite
taanammary for him (Jades Contra) to ge into
• oseekkration of the man law, it had hoes so
fully incased in the merge of the arguments; 'wither
was it necessary to go into any review of the anaernie
ores %pea the *ulna antecedent te the "Qua v. Kills,"
reported im 10th Clarke and Finally, mad denied is the
House of Lords. la that ease the unsalmilli again elt
the English judges was delivered by that mien Mg.
Chief Janke Tyne'; sad he stated that by the law of
Zoolsed, at the time of the rasing of the Marriage Act,
• marriage coremosy, by resent words and costract, was
not valid online in the presence sad with the interra•
ties of • minister in holy orders. The Hesse of Lords
adopted that opinion, Baron Perko °hostels', in the ease
of " Cathereood v. Carson," 13 Mee. and Wills., 264,
that the Jordan were bound to obey this derbies. It
could not detract (yin the authority of the 0 Celan v
Mills" that tip a the great question the law lords were
equally dtvided, for judgment was given for the deiect
diet seeing sacs the established roles of the Rouse of
Peers. Negatvely the "Queen v. Mills" decided that a
entract of sairrier, however solemn, was net valid with-
out the interventin of • minister is holy orders • sad
affirmatively it established that where the two elomeats
racurred, a contract of marriage in the present tease,
and the intervention of a minister in orders, then the mar-
ring was valid. The dissenting law lords thought that
the marriage was complete without any religions egremooy,
lava( prombly is view the Scottish law—for one of their
lordships had been born in Soodad sad another Minted In
the some country. It was =Wrest in the ease sew before
the mart that there was a whims intention on the tort of
the Rev. 8 8. Bennett and Isabella Fraser to take each
ether as husband end wife, and to perform all the dudes of
that relatiouskip ; ad in order to Glints the sanction of
religion. • sent/lay was performed by a minister of the
eineidt. It seemed to him (Jodie Cressona), after an
-sallailife perusal of the jai anent give* by the law lords,
Mat May would have deemed the marriage in the present
are to be a valid one, gad that AO pillrlitnilitr form of rear.
gime ceremony use required if there was a »Drew
ceseimay which the parties who were married felt te be a
11114111111Sy iseekieg • religious obligation. The argument et
deissdant's eoeaael wee that the minnow who performed
the commeny append here to be the bridegroom himself.
and that sae of the Inactions et the minister was to he mho
• witages of what bad taken rue. No doubt, it wee very
important that he aboold be • winless ; but was the JET:i-
mage cemetery that be Gould net *eters dispense with
the advantage resulting fr tan this apogees of testimony ? It
led sloe bogie shred that the ceremony prescribed in the
Beek of CoiNatoll Prayer 00111 d 110 t be is terms aged spew
meek as °cilantro as the marriage of a insister by himself,
sail se doubt it wend buss necessity to change pert
of the leagues to make it gettable to soak a. amain.
Dot is answer to this it wu urged that the dice of •
minister wee a religious °Mee sad although he might be •
Masan to the mermay, sad • most harm= one, that
wee net his g.riseary duty ; that although It might be very
!spriest to have a parses legally competent to onset the
eraineetiess, he woe there fa the Ant lastest" for Qs
gnat rupees of performing • Milting ceremony. As to
the fens prescribed in the Wok of Common Prayer, there
Ina a literal departure from it when the minister addressed
himself on the occasion of menhir, of the literameat
If the Lord's flapper, arid he was authorised by the rubric
M wake sea a change in the weeds; aid he
ag might d, that although the rude cep?ilerha aptisa, add,
which was to he performed by • rareiner is
minis, yet its performance by • layout did net avoid the
ast, sad it was permissible for • Myna to interpose is easel
of emearsay. la strictly regular marriuret they attended,
ha Mar Manes did not avoid the airtime. An lneguir
awl damilestim manage wen sot, tbelet. re, void ; hot the
eitegyiem who 'miasmal emit wee ablest to esensiesdeal
maingo. Raving MIMI M the feet. le "Haase v.
Rebeas," kis Wahl. ail that a slang appeal had hen
made by lie defendant% Mead upon the dagger of ass
is-1-g dadesiese menimhzAsoed the egiegmeesese ta
nein Irma atobliaing omit a . He agreed that sa
memnielea elingysa (ad ask were happily very few)
tla own has purses, .dint an 1•10•10110
Ming front ha piens. ; het gosh au 'Galatea
efate4=easte.
and The argumeet gesetilated en Meal is
net gm the sena, teyak well bound le
Cli=what the km actually wee. The ups
media should be fee the plalatlffilailftal
•