The Express.
London, England, 1852-11-05 00:00:00

LITERATURE.

RAW inttlitgence.

rot E remits, or Me Magna* of .tforlats
By JUstrit MwiELLY, 8.0 L. J. W. Parker.
Whether there will ever be a palitical science or
not tune will show. At present there is so lamenta-
ble a want of fixed principles of such a science that
a student is generally recommended to construct
something of a system himself out of a certain set of
systems, each of which is distinguished for its total
• that truth is contained in any other. Mathis.
vel and Montesquieu, Durke and Bentham, Glad-
setae and Comte, are all said to he "very good read-
ing" for the young politiciau. After having
gone through this treatment of laxatives and
tams, his mind is supposed to ho in a fit state to
digest whatever comes before it in the way of expe-
rience,. Out of a chaos of negatives, ho is expected
to construct a 4ortl substantial positive. Out of the
bones of dead combatants, he is to arrange with a
profound knowledge of political anatoiay, a goodly
skeleton, clothe it with pro. er covering, and breathe
into it the breath of life. Thu result of this, as may-
be expected, is, that the creations Wielded to arc
generally a kind of Frankenstein monsters, which
society hunts down as lair game, the creators of which
retire from the domain of politics, leaving it to their
successors to create new monsters for fresh sport.
Mr. 3lueeley has no idea of founding a system ; he
WI el) proposes to take the. last thirty. years, during
which be rays thtt England has experienced a silent
resolution garter esen in the changes that it has
thAted than that which has taken place in France ;
and submitting the history of this period to con-
sideration and analysis, extract by this precede
some priuciples that may serve to explain the
pest and enlighten the future. The prevent moment
seems to himadmirablv adapted for suchen investi-
gallan. The old-las!:.i.ned distinction of whigs and
writs, which aid very well to diatingni.h the parties
wha shafted the cards and played for that
greatest of all stakes, the nation, has vanished.
The parties in question " cut in and in" so often,
that uo ono could di-tinguish between friends and
adversaries. And even when the whole mass was
tir-t melted down. and then became crystallised
again, under the operations of the great chemist Peel,
into two new forms, reformers and conservatives, the
change was not hurting. The thunderbolt of the
corn laws split them up also. Then we sew conser-
vatives co-operating with their leader to aid the
ret riners. whilst many of the reform party turned
conservatives. Even the Anti-Corn Law League and
its opponent the Protectionist .'alliance can scarcely
be said to hare a bodily existence. Other parties
have suffered similarly—
For good ur fur evil we know not herr—but thy church
by the Emancipation Act and the repeal of the Test and
t'orporation A, ts—thc law by the Small Debts and nume-
rous other Aso—tbe m mufacturing iateri.t by l the in
• rues ii.• Import linty Acts—the shippirg interest by
the reconstruction of the Navigation Laws—and tiro colonies
by the repeal of the duties on foreign produce—have all
been ha reality, or in their own opinion, severely affected.
And it is precisely in this general crash of the parieular
inn re.ts til the sviral great branches of the community,
and in all the bitterness occasioned thereby, that
the great interest of all may be best inquired
into. It is precisely at this moment of the
confusion of all political distinction, and amongst,
this universal &spinal what is considered political apostacy
—amidst this scepticism in political faith—that the minds of
men are best disposed for inquiry into the real truths of the
question—for scorching, whether in the history of the
events of the Las thirty yam, some principles of political
wisdom may not be avian,: that may reinsure and reunite
the frith, and, to some extent, the °Milieu of alt. Science
shout be well ible to do this. She his explained the laws
by which inanimate bodies are governed—she has taught
bow the worlds above are moved in order and regularity—
and it is, perhaps, that she has not given to it that attention
that It demands, that she hu not pieced on more definite
preemie the laws by which animate beings, mankind,
nations, are Lest ruled. Dot it is tame thin she lilt her
study et the past and the prohable, fur the world that moves
and jives around her.
There may be great reason to question the sound-
ness of the analogy between the laws which govern
inanimate matter and those which govern the moral
and political movements of animate beings. In the
ere case the elements of the object of inquiry are ex-
traneous to ourselves, governed by laws which have
nothing to du with those which influence our minds.
In the other case, the objects of inquiry arc laws
which are actually swaying the mind of the uncon-
scious observer, and determining his own judgment.
It is impossible that any one who understands the
tenses which underlie political changes should himself
—mentally at least— be unaffected by them. The
very principles upon which he incoming to a decision
are those by which his judgment will be guided.
All that we can expect, therefore, from a po.itical
philosopher is, that he will make his analysis as
pertett as he can, by omitting mut: of the facts within
his reach—that ho will never consciously allow his
prejudices to run away with his judgment, or per-
mit his hopes or fears to induce him to stifle the
truth.

EQUITY COURTB.—YErreatity.
11•10110 TIM Law; Juman w Arr...MAXWELL r.

This was an appeal from the itsdgenent of the Master of
the Bells upon a special ease submitted for the opinion of
the court, under the following eirennastanen: In the yen
IS2I, Peter Ccoottable Mention, a itentlituanionisented with
Scotland, but residentaad domiciled in Yorkshire, and hay-
ing both real and personal estate in England, and real es-
tate, consisting of certain hentahlo neuritis', in Soutlead,
male his will in the English form, and executed and at-
tested so as to lane teal estate in Ragland. By that will he,
by virtue of every right, power and authority enabling him
is that behalf, gave, derived, and bequeathed unto and to the
ase of certain trustees named in the will, all his real estate
whatsoever and wheresoever and whether in possession or re-
version, upon trust for his wife for life, with remainder for
the ben. tit of all :his children. The testator died on the
day of the date of the will ; and es the will, for the want of
the tormalitin preeeribed by the Scotch law for the passing
real estate, was inoperate to pan the heritable securities in
Scot land, theso dcwe nJed up.ai the testator's eldest son ea his
heir, accenting to the Scotch law. The object of the special
cans was to take the °Ont.-al ..f the court upon the question
whether the eldest son au bound to diet between
the real Want In Scotland to which he had suc-
ceeded by ;.leq.ent, and the benefit given him by the
will, or whether he was entitled to both the benefit
under the will and the real estates descended. The Mas-
ter of the Rolls, upon the heating of the special case in
May last, had come to the conclusion that the case was
covered by au.liwity, and that the heir was nut put to hie
election. . . .

......
Mr.- Andervin and Mr. Fleming, for the plaintiffs, some
of the younger children of the testator, contended that the
heir ought to he put to his election. lie was bound, if he
took under the will, nit to oppose the carrying out of the
intention expressed In the will, which clearly was that aU
the testator's property, both real and personal, whether in
Knglwid, Scotland, or elsewhere, should he made subject
to its trusts. lf, therefore, he insisted upon taking the
Scotch realty by decant, he coned not be allowed to take
any pin in the bem tit of the will.
Mr. Roundell Palmer and Mr. Bagshawe, for the belt-at-
law, argued that it was • principle of construction, that
when • testator in his will spoke and ili• posed of property,
he was to ho understood as meaning such property only as
the will should be operative to pees.
Mr. Anderson replied.
Lord Justice Knight Bruce said that the principle and
i role of construction which tho English law applied, if
not to all instruments, it least to testamentary in-
struments, wee, that the mere generality or uni-
serial:Ey of the terms of the gift was not suffi-
cient to demonstrate or create • ground of inference
that it was meant to extend to property incapable of passing
by the instrument. If, indeed, the testator had maantiosed
the particular proper/lathe cam would not ham been the
assame that Asefore amt. $s If be had malionfil
Scotland in terms, or had not balmy real Neste ether they
real (gate in Scotland, thee ma& bays been a seed ground
for putting the heir to his election. The stetter, however,
standing as it did, the court was bawd to hold that the will I
did not exhibit as isteatisa te give se afoot any property
which it was sot iii= be pm. la aiming to that con-
elusion, he suspected awe be boleti what the tes-
tator himself would lave of ho could have'
been heard otherwise tea his will. Severalautho-
cities had been referred to be the wane of the dissuasion by
his lordship himseif, maybe/I also been cited at the bar,
1 end • great number of ethers might also he mentioned.
This, however, 'primed to him to be superfluous, but he
might be excused foe reading a few words from the
judgment of Chief Justice Tindal in the case of " Doe
v. Ludlow" (7 Bing.). Thais words were the following:
" I agree in adhering to the necessity of gineral rules in
the construction of wills and other instruments. It is ex-
pedient that such rules should be held 'mend, because th,y
withdraw the decision from the individual judge, and pre-
vent dins from pursuing his own views of each particular
case; and there is lege mconvenience in the hardship that
may sometimes be occasioned by • strict adherence to the
rule than in the confusion which must follow oa derartir:z
from it."

Lord Justice Lord Cranworth raid he concurred in the
correctness of the conclusion to which his learned brother
had arrived. Ito to .k the general rule to be that uncle
words prima facie imported only what win capable of being
operated upon by the will. Nile re it was evident on the face of
the instrument that it was intended to intend beyond that
limit, as where other property was mentioned in espreas
terms as in many of the cans cited, that would be • grouod
of distinction. There was, however, netting of the sort
here, end the court would therefore be doing what was not
werrantabie if it relied yea swojestere, however probable,
as to the testator's intestinal's • pima for departing from
the general rule in the asslnslise of this will.

ben= m Num" or TEX Row,
BRIDGE 0.
.BRIDGE.

--.-„-.
The Muter of the Rolls gave judgment in this case. The
bill was Sled by a son of the testator' praying for an account
of his estate and tfects, against the trustees of his will, and
for paying to him his share of the residue. The defendant.,
the trustees of the will, said that plaintiff was no longer en•
titled to such account or payment, as his interest under the
will had beenosigned by him by a deed of the 9th April,
1847, by which the same was vested in trustees. The roc
tem raised was as to the operation of this deed. On the
27th Deceinher, 1833, the testator made his will, by which
the plaintiff became entitled to one-fifth of
two hewn in Dean-swat, Soho, and to on
of the residue of the real and personal estate, a
portion of which consisted of certain shares, of which the
plaintiff now clamed 300 shares in the General Hieing As-
aviation, 20 shares in the Regent's Canal, 30 Colombian
Bonds, and one-fifth of the remaining portion of the residue
which was admitted by the plaintiff and defendants at the
time of the execution of the deed to have been 12,9641 3
per cent. Consols, a cash balance in a bank vi 4761., and also
of an estate in Dereetshire for life. The trusts of the will
were to apply the interest of the pinintiffs share to the
plaintiff's benefit tilt he mu 26 years of age, when he was
to ho put in possession. Pbentiff's lather died in
1834, and plaintiff attained the age of 21 on the
10th of Neeeraher, 1846. After he became 21, a
settlement of accounts took place, and the amount of his
share under his father's will was ascertained, and if
the matter had stood here, no question of accounts
existing between the parties plaintiff-would have been en-
titled to have the shares and his share of the residue trans-
ferred to him, bat en the 9th of April, 1847, plaintiff exe-
cuted a deed *hereby be assigned all his interest under his
father's will to himself and two other persons in trust for
himself for life, and after his death in trust for hie children,
or, if there were no children, to be distributed among his
next of kin. Plaintiff alleged that this deed was voluntery
and void, and the defendants submitted the question wise-
thee the deed wee not operative as to the whole of the pro-
perty, or at least as to such parts of it as had been actually
transferred to the trustees of the indenture. The principle
in these ease, was laid down by Lord Eldon in Ellison v.
El Mon" (12 Vesey). in which it was held that if a volun-
teer had completes► the transfer of stock to the trustees, the
court would enforce the execution of the trash; but nulees it
was completely transferred the court would not enforce the
trusts. All the subsequent eases had proceeded upon this
principle, though there was considerable diversity among
them. Now, the 300 mining shares were transferred on
the 4th of May, 1847, by the executors of the will to the
trustees of the deed. The Regent's Canal shares had also
been transferred to the trustees under the deed. The Co•
lombitn Bonds, according to the evidence, were held by the
Colombian government to belong to the holders of tin m,
and no trawler of these bonds had been made, nor of the
sash balance at the bankers, nor of the Three per Cents.,
which stiil remainei in the names of the executors
under the will. He was of opinion that se Mr as regards d
the mining and the canal shares, the relation of trustee and
eestui que trust took place, and that the plaintiff and his
co-trustees held those shares under the trusts of the inden•
tore of the 9ta of April, 1847, which they were bound to
carry into effect; but that so far as regarded the Colombian
Bonds, the 12.964.1. Canard., and the cash balance at the
bankers, no such trust had been created, and that the
plaintiff was entitled to have the same transferred and paid
to him. With regard to the real estate, he we, of opinion
that the legal estate did not pass under the deed of the 911
of April, 1847.

The author cousiders the two great principles of
political action in modern times to be the principle
of reform and the principle of conservatism. On the
former he discourses thus, in a manner which must
be perfectly distracting t tory cars—

What is this desire, th.s perpetual envies for improve-
ment What is the theory—the principle of reform ?
When Heaven made anon it gave him a re'igioue ard
mural iCONI to make him good; and then to make him
great it gave him a vague, indefinite, unsatiable leaping
for the beautiful. the excellent, tot perfection ; and that
this might not be wasting and eelt.consuming. 'leaven
gave his a creative power whereby to satisfy itself. It is
other than the moral sense of right and wrong—though
that, terbium, has its origin is it. The function of that is
is set as a damper in sunsuit* and modulating the human
frame when touched by the bold hand of pamion, instinct,
ambition, or iniellect This is limit an instinct, • desire,
a craving of the mind fur food, like that of the body. Like
that, too, its longing is accompanied with • pleasing pain,
and the gratification with pleasure ; or rather like those
more delicate instincts of the sex implanted within us as
the " one simple principle by which the world was to be
peopled, to this ',memo for perfection, this ideal fur which
man was ever to be craving, but never to realise, wee give,.
him, that the world might be covered with humanity as
well as with man. 'lbis was the means by which all that
higher destiny which awaited him was to be worked out,
and it has beta."
We would not wish for a better justification, if it
were needed, of the efforts which we, and all who
work with us, arc making to do something better
with the world than our predecessors. Giving them
all duo merit for the work they achieved, it is never-
theless impussiblo to deny that they have left us
much more to do than we shall ever aooomplish. If,
however, we struggle with all our might to finish
this task, we need not blush, when we leave still
much fur our descendants to perform.
To the principle of conservatism the author gives
its due merit; and in showing the effects of these
two principles generally on the events of the last
thirty years. he has displayed great knowlt dgc of
the facts slid much pohtieal acumen. On the
subjects of public opinion, legislative science, the
functions of a legb•letor—whum ho represents—
what wane he represents—there are admirable
remarks. On the whole, we may assert that there
tut few modern works in which recent political phe-
nomena are discussed in a spirit more enlightened,
impartial, or philosophic, than in this volume by
Mr. Moseley.

gavots TIMCIIMPTTLION goroessurv.
WILTON r. 1111.L.—Naw CHANCiIT PLACTICI.
ST %MPS NOT TIT P/AZPAlltg.

Larrt.—Tni LAM °ALFA.— Every day brings
fresh intelligeste of the melanehnly result of the late gales.
Os Friday, Cho brig Frederick, of Wolgast, and the
schooner Carolina, of Stralaund, put in here (or repairs,
having us Tut ly ni4ht, whin off the Dogger Dank, be-
elike venting oh. r damage, had their bulwarks and boots
washed away. Four men belonging to the first, and one
to the last. r T.ssal were washed overboard sad perished.
On the following day, the brig eerie, of Malmoe, also
arrived for repair, baying, on Wednesday morning, when
sear the May Whthuis.i., suff.rill severely, and had WA I
Ober crew washed overland and drowned. The crews of
geas rat ship which have arrived here front the Baltic de-
merit* the storm as one of the greatest they have cape-
Tient...it fir many years. Several ?encl. were seen to go
down, while others were wrecked and in a helpless ear.-
&lion. Timber, boats, and wreck of every deseriptios,
were seen floating here and there. It is estimated that
during the late plea upwards of one hundred souls perish( d
in the neighbourhood of At. retenbarg and on the passage
to this coast.—:•Corswere.

This was a motion oa behalf of the defeadaat that all
pros edings in the suit sight be stayed until the seat friend
et the plaintiff should have beets changed out security given
for the costs.
_ _

•
A BAG OF UT 11,305 FOR ENGLAND was landed at
Ilsere. on Widnes.lay, frimi the True Briton Captain
Norris, which left ',nation in July lout with troops bonod
for New Zealand. bile was met, on the 24th September
last, by the In Leh .hip Benjamin Snider, which brought
the letters, in lat. 2.06 N., 29.43 W.
LAdvertimement.] FIFTY Trtomoro Crux
serruot-r MED4II.• by Ice Itie Wee IinAULITII Amami Foos.—
erne 49.114:—.• Flay yam? indmeribable merry from dmperiels,
umumamer, seam. asi= FW." hstrilseas, sperehii.
mealat the lms4poor
embus,' blia elemeehhy Ow
lenskeS, Lish aim Di"
Cara Ao. 71, afiltipepoisiltei Me illigit tamer Lmd Pam d.
Neil.: —. I lime dertred conaiderable MEM leim.yeeis Fwd. mid
authorise the publlmlke M time Ilan,"—ibema DM.. Slid is
emtmere. I lb. et Ita; II lb., et M. guilty, le lh,
Us.; a 1b.,, se Us.; the 1011kagaram of aeries,
sues4ra.
w leass Dr ass irMIONIT.

Mr. Matins appeared in support of the motion.
Mr. Morris, for the plaintiff, asked that the application
might be postponed, is order to allow time for affidavits to
be filed. The fact wee that under the new practice it was
nreewary to have tho afitdavits upon stamps, and u.. stamps
wrre yet to be obtained in consequence of tho dies not being
finished.

Mr. Malin' objected to the plaintiff being heard until
certain coats had to paid by the next frit nil.
The Vice-Chaneellor said if the pLiintiff could not be
heard until the costs had teen paid by the neat friend that
was no reason why any order should be uoide without the
plaintiff having an opportunity of answering the ease. Ile
thought, therefore, that the application ought to stand over
until next seal. Ihe plaintiff to file affidavit, on or before
li Monday next.

Ex PARTS THX UNITID PiTllloTb' 13EXTI IT SOCIXTY.
—COXXITILL ur TYI SZCIJITAKT 1X LARVAL. LT OF Pit,
ULLTION or Au,ovwrio.

In this cue on order had been made upon the secretary
of a branch of the shove society to produce various books
and papers, in order that certain accounts might be pre-
, pared. The secretary had stated that the documents were
not in his poseesvion, but had been tak,n from him by mem-
ber, of the society who were entitled :to their custody, and
that he was unable to procure them.
Mr. Forster now 'saved that the secretary might he
committed to prison unless the documents wire produced
with:n four days. livery method had been used to oht
these papers, but without effect ; and it was hoped that
when the a, cretary was actually ordered to he sent to pri-
se. if be did nut produce, them, that the persons iu whole
premiss they were would see the absolute necesoity of
liatinL=erly in the matter. There was • further reason
Ile this motion, which was, that the same course
W permed in different parts of the country, and the
Ineretarles in several anitances had refused product.on of
deeewaste belest to the society, upon the protest that
theAsessid see o in the papers themselves.
Vice-Chancellor said it was evident that the facts in
this saw gave dee to a asapielos that the mantas, was eel-

THE E k PRESS, FRIDAY EVENING, NOVEMBER 5, 1852.

lodine with other perms in refuel,* the production of the
domemesta, sad he thought, therefore, that the order for
committal ought to I>: made, but it would be more merciful
to allow a period of 10 days for product= of the papers.

COURT OF QjEEN'S BENCII.-YEST ERDAL
SITTING, tm.p. -R. KM% LORI,
.11

. - -
ALDUS. MIL Jorncs Wwm.s, LIM MIL berm. HALL

TRUATRILE or TIES Atria Lai 9. TUR GOVERNOR
AND CO AAAAA Or 7111 NNW AN URDU!
QUANTITY or. WATIR 'RON Till RIVRR Lis.
This aetieu wu tried at the last assizes at Maiden's°,
when • verdict wu Riven for the defendants. An appli-
cation was non wads to the court for a rule to show cause
why that verdict should not be ut aside, and fur a new
trial.

The Solieitor.Oeneral (with whom were Mr. Willa and
Mr. Rode c 11) appeared un behalf of the trustees of the
river Lee, and stated the action was brought by his clients
against the New River Company on the ground that the
Company loot taken a greater quantity of water from the
Inver Lee thee they were entitled to under the act of par-
liament, 12 Gco. 11., cap. 32. Under the provisions of
that act tho water Rows through a pugs called the
"marble gouge," which was to be the measure of
the quantity of the water to be passed from the river Lee
to the New Riser, and the question was whether the Nuw
River Company wee entitled to make certain alteratiens,
which bad the fillet of throwing, a greater pressure of
water rwainet this marble gauge. It appeared from the
statement of the learned gentleman that above the marble
gauge was a brick arch, which, at the time of the passing
of the act of parliament, was of the width of six feet.
Through this arch only the water formerly passed. But
the company bad constructed a sort of continuance or (a-
, tension of the arch, which had the effect of nearly trebling'
the opening through %Lich the water now flowed, thereby
throwiug it with greater force against the marble gauge.
The learned gentleman contended that, under the act of
parliament above cited, such an alteration was illegal, inas-
much so it amounted to alteration In the sutural course of
the water.

Rule nisi granted.
Tea Queue we TEI riOSECOTION Or RIR JAIIYB
Bauch Y. THE RAXTEItbt AJACUIPILAGO COMPANY,—
Sclaz Facies FOR 13Q15111,1NG WHETULII ♦ ROYAL
C VAD lEEE OBSZILYED.
In this rose a seire facies had been issued for the purrs,
of an inquiry whether the conditions of the charter of in-
corporation of the Eastern ArchipelaAo Company had been
duly observed. The trial took place en the 13th Jane, and
a verdict was found for the crown.
. .

Mr. Crowder, Q.C., now applied for a rule nisi to show
cause why the judgment should not be arrested. Ile stated
that about the year 1617 certain gentlemen wishing to work
Indies id the Island of Borneo, made application in the
usual way to the Board of Trade for a charter of
incorporation, and that, conaequently, a charter was
granted dated the 17th of July in that year. In
that charter were contained various provisions, one
of which declased that the sum of 60,00111. should be
paid up within 12 calendar months from its date, end edi-
cerning this clause the present proceedings had, in the first
instance, arisen. After providing that the deed of settle-
ment of the company should be approved by the Board of
Trade, and a copy lodged with the board, within a like
period, the charter goes on to declare that in case the said
deed should not be lodged within the time named, or in
case the parties should fail to comply with any of the p►o-
visions and declarations contained in the charter, it should
then be lawful fur her Majesty or her successors, by a ri:ing
tinier th- Great Seal, or s:gn manu.il, to revoke the charter
either ah.olutely, or under such terms and conditions as
she or thoy may see fit. The leveed gentleman argued
I from this dewy that it was fur the crown to act under this
declaratloa prior to tho issue of ► mire facies.
Lord Campbell—Suppose the crown wishes to act in a
more cautions manner, and obtains the verdict of a jury, as
to whether the conditions had been violated or not

Mr. Crowder contended that this waa not a ease which I
would require such a proceeding, and that, if this appli•
cation were rained, there would be nothing to prevent a
p up, where some slight variation had been
ma le from tisin terms of a charter, so alight that the Board
of Trade would not interfere, and, by means of proceedings
in .:fre facia, annulling such charter on most frivolous
grounds.
Rule nisi granted.

CRIMINAL INFORMATION AGAINST THE PROPRIETOR
OP THE CIIELTIN NAM CRRONICLR, FOR AN ALLSCIND
LitILL ON EARL FITZHAnDIxos.—APPOLNTRRNT OP
DIPTTT LTITTEN•NTS.

In this cue, Sir A. Cockburn, Q.C„ moved for a rule
on behalf of Earl Fitshardinge. The alleged libel was con-
tained in an article in the L'Aefferta.:os Chronicle of the 21st
July, 1102. Sir Alexander Cockburn read this article,
wi.ich was of write length, and charged the earl, who is
Lord• Lieutenant tithe county of Cllouc,ster, with having
appointed a batch of deputy lieutenants for the purpose of
serving hie own political purposes. From the affidavit of
Lord Fitch ardinge it appeared that he bad sot for some
years appointed any deputy lieutenants prior to the ras-
ing of the Militia Ball ; that he had then considered, to
carry out the purposes of that act, more deputy lieutenants
ought to be appointed ; that he selected a list of the gentlemen
whom he considered eligible for the office; that in select-
ing these gentlemen he waflettmted by no political motive ;
and that the allegations of the article complained of in that
respect were wholly devoid of truth. S'.l. A. Cockburn
was proceeding to comment upon the mildavit, when be was
stopped by
Lord Campbell, who remarked that this case was pre-
cisely Amass. to that of Lord Lansdale (which was fully re
ported in the Doily Yews in November, ISM), where a rule
war granted, and that the learned gentleman 'night take a
rule on this case also.—Rule acoordiagly.

COURT OP EXCHEQUP.R.—YESTEILDAL
lirrinws ix BAN CO.
TODD V. KEILILIDOE.—Taz Exo•ozmot ov •
GOVP.D.IIIIBII.

This was an actien tried before the Lord Chief Justice of
the Common Pleas, at the last Guildford Assizes, when a
verdict was found for the plaintiff, with 351. damages.
Mr. Edwin James now moved for a rule to show clause '
why a nonsuit should not be entered pursuant to leave, or
the Verdict set aside, as being against the evidence. The
fact. of the case appeared to be as follows:—The plaintiff,
who was a governess, last June twelvemonth advertised in
the daily papers fora situation. In consequence of this,
Mrs. Kerridge, wife of the defendant, who is treasurer for
the county of Surrey, residing near Dorking, wrote to the
plaintiff, who afterwards met Mr. and Mrs. Kerrtdge at an
inn in Dorking, when an engagement was entered into.
The plaintiff was dismissed from the defendant's service in
the following October, and by the present action she had
sought to recover damages for such dismissal before the
expiration of a year. TM whole question arose on the
plea of the general issue, the point being whether a
governess was a domestic, or menial servant, and therefore
subject to the same rules and customs with respect to a
hints/ Si domestic or menial servants.
Mr. Baron Aldereon—What is a governess in point
of law
_

Jame.—A governess is a governess, my lord.
(Laughter.)
Mr. Baron Alderson—Yes, no doubt. The Queen is a
governess in one point of view. (Laughter.)
Mr. Baron Parke—No governor.
Mr. James believed it had been decided in a court
of justice as to whether a governess was subject to the
rule and customs regulating the hiring of a domestic or
mcoial servant, _ _ _ _ _ _

Mr. Baron Parke—ls the difference in paint of law so
great as to entitle her to more than the month's notice, or
month's wages, given to domestic or menial servants ?
Mr. James submitted the question was simply whether,
in the present case, the hiring was a hiring for a year, or
whether it was a hiring subject to the rules and customs ap-
plicable to the hiring of menial or domestic servants ?
Mr. Baron Parke wan anxious to knew whether therebad
been any decision in the Court of Chancery in a cue where
• legacy was left to a domestic servant as • year's wages,
and that a governess laid claim to a legacy on the ground
that she came under that description.
Mr. James hail not been able to find any decision. With
respect to this particular case, an engagement was made with
the wife of the defendant in Jam 1861, and in that month
the plaintiff entered the service of the defendant, and con-
tinued in such service for two months, when, inconsequence
of some superstitious ideas which Mr. Kerridgo considered
she was instilling into the minds of his children, she was,
after • month's notice, dismissed, and received 10/. for
her two months' salary. Upon the trial, the plaintiff
stated that her impression wan that she had been
engaged from June until the following March, and that the
remuneration which wan to be paid wan to be at the rate of
601. • year, payable monthly. At the time of the pinintiff'sl
quitting she hid said nothing about the hiring being for a
year, nor was anything more heard on the subject until the
following August, after Mrs. Kerridge had refused to give
the plaintiff such a character u would enable her to pro- I
care another situation, not on account of anything against
her moral character or ability to teach, but for the super-
stitious feelings that she hail manifested. Then and not
till then WU the application made as to the year's salary.
Thu Lord Chief Baron asked what opinion the Lord Chief
Justice had expressed on the trial ?
Mr. James replied that the learned judge intimated that
he was Milked to think • governess came within the rules
soil customs applicable to domestic and menial torrents.
With reference to the verdict being against the evidence
the plaintiff's evidence wan extremely vague, while Mr.
Kerrolge decidedly stated that he had no intention of en.
gaging her for a year without any probation u to her
capabilities.
The Lord Chief Baron—A governess might not be any
more of • domestic or menial servant than a chaplain in a
family or • tutor to children.
Mr. Baron Parke—Bhe would in reality be just the
same ua private tutor or master ; she would be • female
I tutor.

The C.ntrt eventually said they would take time to con-
sider the cutter.

-- --- Judgment postponed.

SHERIFFS' COURT.—YEOTP.RDAT.
Bar°. Ms. W. B.ni.oru.. Diwt-rT
COWS PIM 0. SWAIN...—LII/EL.
This WU a wnt of inquiry to swam the damages in an
action for libel, the defendant haring suffered Judgment to
no by default.
Mr. Whitmore appeared for the plaintiff; Mr. Collett, an
sttornt y, for the defendant.
The plaintiff is a tailor and draper at Stafford ; sod the
defendant, John Swain, is son of Mr. Job Swain, tailor, of
Fl.et.street. It appeared that in Felieutinf last Mr. Swain,
fueol Merles. Briggs and Doody, draper• and
cloth'. re, at Stoke-upsn.Trent, fur debt, in the Statfonlidiire
County Court at Henley, and a report of the trisl appeared
in the Senfordsdire Adeerlinr. On the 23rd of the same
Moo* the pont delladeat peterared ke lasertlea to the